Resolução da Assembleia da República n.º 75-B/94 — Aprova, para ratificação, o Acordo Que Cria a Organização Mundial do Comércio, seus anexos, decisões, declarações…

2 - A Member that is a party to an agreement or arrangement of the type referred to in paragraph 1, whether existing or future, shall afford adequate opportunity for other interested Members to negotiate their accession to such an agreement or arrangement or to negotiate comparable ones with it. Where a Member accords recognition autonomously, it shall afford adequate opportunity for any other Member to demonstrate that education, experience, licences, or certifications obtained or requirements met in that other Member's territory should be recognized.

3 - A Member shall not accord recognition in a manner which would constitute a means of discrimination between countries in the application of its standards or criteria for the authorization, licensing or certification of services suppliers, or a disguised restriction on trade in services.

4 - Each Member shall:

5 - Wherever appropriate, recognition should be based on multilaterally agreed criteria. In appropriate cases, Members shall work in cooperation with relevant intergovernmental and non-governmental organizations towards the establishment and adoption of common international standards and criteria for recognition and common international standards for the practice of relevant services trades and professions.

Article VIII

Monopolies and exclusive service suppliers

1 - Each Member shall ensure that any monopoly supplier of a service in its territory does not, in the supply of the monopoly service in the relevant market, act in a manner inconsistent with that Member's obligations under Article II and specific commitments.

2 - Where a Member' s monopoly supplier competes, either directly or through an affiliated company, in the supply of a service outside the scope of its monopoly rights and which is subject to that Member's specific commitments, the Member shall ensure that such a supplier does not abuse its monopoly position to act in its territory in a manner inconsistent with such commitments.

3 - The Council for Trade in Services may, at the request of a Member which has a reason to believe that a monopoly supplier of a service of any other Member is acting in a manner inconsistent with paragraph 1 or 2, request the Member establishing, maintaining or authorizing such supplier to provide specific information concerning the relevant operations.

4 - If, after the date of entry into force of the WTO Agreement, a Member grants monopoly rights regarding the supply of a service covered by its specific commitments, that Member shall notify the Council for Trade in Services no later than three months before the intended implementation of the grant of monopoly rights and the provisions of paragraphs 2, 3 and 4 of Article XXI shall apply.

5 - The provisions of this Article shall also apply to cases of exclusive service suppliers, where a Member, formally or in effect, a) authorizes or establishes a small number of service suppliers and b) substantially prevents competition among those suppliers in its territory.

Article IX

Business practices

1 - Members recognize that certain business practices of service suppliers, other than those falling under Article VIII, may restrain competition and thereby restrict trade in services.

2 - Each Member shall, at the request of any other Member, enter into consultations with a view to eliminating practices referred to in paragraph 1. The Member addressed shall accord full and sympathetic consideration to such a request and shall cooperate through the supply of publicly available non-confidential information of relevance to the matter in question. The Member addressed shall also provide other information available to the requesting Member, subject to its domestic law and to the conclusion of satisfactory agreement concerning the safeguarding of its confidentiality by the requesting Member.

Article X

Emergency safeguard measures

1 - There shall be multilateral negotiations on the question of emergency safeguard measures based on the principle of non-discrimination. The results of such negotiations shall enter into effect on a date not later than three years from the date of entry into force of the WTO Agreement.

2 - In the period before the entry into effect of the results of the negotiations referred to in paragraph 1, any Member may, notwithstanding the provisions of paragraph I of Article XXI, notify the Council on Trade in Services of its intention to modify or withdraw a specific commitment after a period of one year from the date on which the commitment enters into force; provided that the Member shows cause to the Council that the modification or withdrawal cannot await the lapse of the three-year period provided for in paragraph 1 of Article XXI.

3 - The provisions of paragraph 2 shall cease to apply three years after the date of entry into force of the WTO Agreement.

Article XI

Payments and transfers

1 - Except under the circumstances envisaged in Article XII, a Member shall not apply restrictions on international transfers and payments for current transactions relating to its specific commitments.

2 - Nothing in this Agreement shall affect the rights and obligations of the members of the International Monetary Fund under the Articles of Agreement of the Fund, including the use of exchange actions which are in conformity with the Articles of Agreement, provided that a Member shall not impose restrictions on any capital transactions inconsistently with its specific commitments regarding such transactions, except under Article XII or at the request of the Fund.

Article XII

Restrictions to safeguard the balance of payments

1 - In the event of serious balance-of-payments and external financial difficulties or threat thereof, a Member may adopt or maintain restrictions on trade in services on which it has undertaken specific commitments, including on payments or transfers for transactions related to such commitments. It is recognized that particular pressures on the balance of payments of a Member in the process of economic development or economic transition may necessitate the use of restrictions to ensure, inter alia, the maintenance of a level of financial reserves adequate for the implementation of its programme of economic development or economic transition.

2 - The restrictions referred to in paragraph 1:

3 - In determining the incidence of such restrictions, Members may give priority to the supply of services which are more essential to their economic or development programmes. However, such restrictions shall not be adopted or maintained for the purpose of protecting a particular service sector.

4 - Any restrictions adopted or maintained under paragraph 1, or any changes therein, shall be promptly notified to the General Council.

5 - a) Members applying the provisions of this Article shall consult promptly with the Committee on Balance-of-Payments Restrictions on restrictions adopted under this Article.

ii) The external economic and trading environment of the consulting Member;

iii) Alternative corrective measures which may be available.

6 - If a Member which is not a member of the International Monetary Fund wishes to apply the provisions of this Article, the Ministerial Conference shall establish a review procedure and any other procedures necessary.

(nota 4) It is understood that the procedures under paragraph 5 shall be the same as the GATT 1994 procedures.

Article XIII

Government procurement

1 - Articles II, XVI and XVII shall not apply to laws, regulations or requirements governing the procurement by governmental agencies of services purchased for governmental purposes and not with a view to commercial resale or with a view to use in the supply of services for commercial sale.

2 - There shall be multilateral negotiations on government procurement in services under this Agreement within two years from the date of entry into force of the WTO Agreement.

Article XIV

General exceptions

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures:

ii) The protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts;

iii) Safety;

(nota 5) The public order exception may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society.

(nota 6) Measures that are aimed at ensuring the equitable or effective imposition or collection of direct taxes include measures taken by a Member under its taxation system which:

ii) Apply to non-residents in order to ensure the imposition or collection of taxes in the Member's territory: or

iii) Apply to non-residents or residents in order to prevent the avoidance or evasion of taxes, including compliance measures; or

iv) Apply to consumers of services supplied in or from the territory of another Member in order to ensure the imposition or collection of taxes on such consumers derived from sources in the Member's territory; or

vi) Determine, allocate or apportion income, profit, gain, loss, deduction or credit of resident persons or branches, or between related persons or branches of the same person, in order to safeguard the Member's tax base.

Tax terms or concepts in paragraph d) of Article XIV and in this footnote are determined according to tax definitions and concepts, or equivalent or similar definitions and concepts, under the domestic law of the Member taking the measure.

Article XIV bis

Security exceptions

1 - Nothing in this Agreement shall be construed:

ii) Relating to fissionable and fusionable materials or the materials from which they are derived;

iii) Taken in time of war or other emergency in international relations; or

2 - The Council for Trade in Services shall be informed to the fullest extent possible of measures taken under paragraphs 1, b) and c), and of their termination.

Article XV

Subsidies

1 - Members recognize that, in certain circumstances, subsidies may have distortive effects on trade in services. Members shall enter into negotiations with a view to developing the necessary multilateral disciplines to avoid such trade-distortive effects (ver nota 7). The negotiations shall also address the appropriateness of countervailing procedures. Such negotiations shall recognize the role of subsidies in relation to the development programmes of developing countries and take into account the needs of Members, particularly developing country Members, for flexibility in this area. For the purpose of such negotiations, Members shall exchange information concerning all subsidies related to trade in services that they provide to their domestic service suppliers.

2 - Any Member which considers that it is adversely affected by a subsidy of another Member may request consultations with that Member on such matters. Such requests shall be accorded sympathetic consideration.

(nota 7) A future work programme shall determine how, and in what time-frame, negotiations on such multilateral disciplines will he conducted.

PART III

Specific commitments

Article XVI

Market access

1 - With respect to market access through the modes of supply identified in Article 1, each Member shall accord services and service suppliers of any other Member treatment no less favourable than that provided for under the terms, limitations and conditions agreed and specified in its Schedule (ver nota 8).

2 - In sectors where market-access commitments are undertaken, the measures which a Member shall not maintain or adopt either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in its Schedule, are defined as:

(nota 8) If a Member undertakes a market-access commitment in relation to the supply of a service through the mode of supply referred to in subparagraph 2, a), of Article I and if the cross-border movement of capital is an essential part of the service itself, that Member is thereby committed to allow such movement of capital. If a Member undertakes a market-access commitment in relation to the supply of a service through the mode of supply referred to in subparagraph 2, c), of Article 1, it is thereby committed to allow related transfers of capital into its territory.

(nota 9) Subparagraph 2, c), does not cover measures of a Member which limit inputs for the supply of services.

Article XVII

National treatment

1 - In the sectors inscribed in its Schedule, and subject to any conditions and qualifications set out therein, each Member shall accord to services and service suppliers of any other Member, in respect of all measures affecting the supply of services, treatment no less favourable than that it accords to its own like services and service suppliers (ver nota 10).

2 - A Member may meet the requirement of paragraph 1 by according to services and service suppliers of any other Member, either formally identical treatment or formally different treatment to that it accords to its own like services and service suppliers.

3 - Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of the Member compared to like services or service suppliers of any other Member.

(nota 10) Specific commitments assumed under this Article shall not be construed to require any Member to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers.

Article XVIII

Additional commitments

Members may negotiate commitments with respect to measures affecting trade in services not subject to scheduling under Articles XVI or XVII, including those regarding qualifications, standards or licensing matters. Such commitments shall be inscribed in a Member's Schedule.

PART IV

Progressive liberalization

Article XIX

Negotiation of specific commitments

1 - In pursuance of the objectives of this Agreement, Members shall enter into successive rounds of negotiations, beginning not later than five years from the date of entry into force of the WTO Agreement and periodically thereafter, with a view to achieving a progressively higher level of liberalization. Such negotiations shall be directed to the reduction or elimination of the adverse effects on trade in services of measures as a means of providing effective market access. This process shall take place with a view to promoting the interests of all participants on a mutually advantageous basis and to securing an overall balance of rights and obligations.

2 - The process of liberalization shall take place with due respect for national policy objectives and the level of development of individual Members, both overall and in individual sectors. There shall be appropriate flexibility for individual developing country Members for opening fewer sectors, liberalizing fewer types of transactions, progressively extending market access in line with their development situation and, when making access to their markets available to foreign service suppliers, attaching to such access conditions aimed at achieving the objectives referred to in Article IV.

3 - For each round, negotiating guidelines and procedures shall be established. For the purposes of establishing such guidelines, the Council for Trade in Services shall carry out an assessment of trade in services in overall terms and on a sectoral basis with reference to the objectives of this Agreement, includind those set out in paragraph I of Article IV. Negotiating guidelines shall establish modalities for the treatment of liberalization undertaken autonomously by Members since previous negotiations, as well as for the special treatment for least-developed country Members under the provisions of paragraph 3 of Article IV.

4 - The process of progressive liberalization shall be advanced in each such round through bilateral, plurilateral or multilateral negotiations directed towards increasing the general level of specific commitments undertaken by Members under this Agreement.

Article XX

Schedules of specific commitments

1 - Each Member shall set out in a schedule the specific commitments it undertakes under Part 111 of this Agreement. With respect to sectors where such commitments are undertaken, each Schedule shall specify:

2 - Measures inconsistent with both Articles XVI and XVII shall be inscribed in the column relating to Article XVI. In this case the inscription will be considered to provide a condition or qualification to Article XVII as well.

3 - Schedules of specific commitments shall be annexed to this Agreement and shall form an integral part thereof.

Article XXI

Modification of schedules

1 - a) A Member (referred to in this Article as the «modifying Member») may modify or withdraw any commitment in its Schedule, at any time after three years have elapsed from the date on which that commitment entered into force, in accordance with the provisions of this Article.

2 - a) At the request of any Member the benefits of which under this Agreement may be affected (referred to in this Article as an «affected Member») by a proposed modification or withdrawal notified under subparagraph 1, b), the modifying Member shall enter into negotiations with a view to reaching agreement on any necessary compensatory adjustment. In such negotiations and agreement, the Members concerned shall endeavour to maintain a general level of mutually advantageous commitments not less favourable to trade than that provided for in Schedules of specific commitments prior to such negotiations.

3 - a) If agreement is not reached between the modifying Member and any affected Member before the end of the period provided for negotiations, such affected Member may refer the matter to arbitration. Any affected Member that wishes to enforce a right that it may have to compensation must participate in the arbitration.

4 - a) The modifying Member may not modify or withdraw its commitment until it has made compensatory adjustments in conformity with the findings of the arbitration.

5 - The Council for Trade in Services shall establish procedures for rectification or modification of Schedules. Any Member which has modified or with-drawn scheduled commitments under this Article shall modify its Schedule according to such procedures.

PART V

Institutional provisions

Article XXII

Consultation

1 - Each Member shall accord sympathetic consideration to, and shall afford adequate opportunity for, consultation regarding such representations as may be made by any other Member with respect to any matter affecting the operation of this Agreement. The Dispute Settlement Understanding (DSU) shall apply to such consultations.

2 - The Council for Trade in Services or the Dispute Settlement Body (DSB) may, at the request of a Member, consult with any Member or Members in respect of any matter for which it has not been possible to find a satisfactory solution through consultation under paragraph 1.

3 - A Member may not invoke Article XVII, either under this Article or Article XXIII, with respect to a measure of another Member that falls within the scope of an international agreement between them relating to the avoidance of double taxation. In case of disagreement between Members as to whether a measure falls within the scope of such an agreement between them, it shall be open to either Member to bring this matter before the Council for Trade in Services (ver nota 11). The Council shall refer the matter to arbitration. The decision of the arbitrator shall be final and binding on the Members.

(nota 11) With respect to agreements on the avoidance of double taxation which exist on the date of entry into force of the WTO Agreement, such a matter may be brought before the Council for Trade in Services only with the consent of both parties to such an agreement.

Article XXIII

Dispute settlement and enforcement

1 - If any Member should consider that any other Member fails to carry out its obligations or specific commitments under this Agreement, it may with a view to reaching a mutually satisfactory resolution of the matter have recourse to the DSU.

2 - If the DSB considers that the circumstances are serious enough to justify such action, it may authorize a Member or Members to suspend the application to any other Member or Members of obligations and specific commitments in accordance with Article 22 of the DSU.

3 - If any Member considers that any benefit it could reasonably have expected to accrue to it under a specific commitment of another Member under Part III of this Agreement is being nullified or impaired as a result of the application of any measure which does not conflict with the provisions of this Agreement, it may have recourse to the DSU. If the measure is determined by the DSB to have nullified or impaired such a benefit, the Member affected shall be entitled to a mutually satisfactory adjustment on the basis of paragraph 2 of Article XXI, which may include the modification or withdrawal of the measure. In the event an agreement cannot be reached between the Members concerned, Article 22 of the DSU shall apply.

Article XXIV

Council for Trade in Services

1 - The Council for Trade in Services shall carry out such functions as may be assigned to it to facilitate the operation of this Agreement and further its objectives. The Council may establish such subsidiary bodies as it considers appropriate for the effective discharge of its functions.

2 - The Council and, unless the Council decides otherwise, its subsidiary bodies shall be open to participation by representatives of all Members.

3 - The Chairman of the Council shall be elected by the Members.

Article XXV

Technical cooperation

1 - Service suppliers of Members which are in need of such assistance shall have access to the services of contact points referred to in paragraph 2 of Article IV.

2 - Technical assistance to developing countries shall be provided at the multilateral level by the Secretariat and shall be decided upon by the Council for Trade in Services.

Article XXVI

Relationship with other international organizations

The General Council shall make appropriate arrangements for consultation and cooperation with the United Nations and its specialized agencies as well as with other intergovernmental organizations concerned with services.

PART VI

Final provisions

Article XXVII

Denial of benefits

A Member may deny the benefits of this Agreement:

ii) By a person which operates and/or uses the vessel in whole or in part but which is of a non-Member or of a Member to which the denying Member does not apply the WTO Agreement;

Article XXVIII

Definitions

For the purpose of this Agreement:

ii) The access to and use of, in connection with the supply of a service, services which are required by those Members to be offered to the public generally;

iii) The presence, including commercial presence, of persons of a Member for the supply of a service in the territory of another Member;

ii) The creation or maintenance of a branch or a representative office,

within the territory of a Member for the purpose of supplying a service;

ii) In the case of the supply of a service through commercial presence or through the presence of natural persons, by a service supplier of that other Member;

ii) Has the right of permanent residence in that other Member, in the case of a Member which:

1) Does not have nationals; or

2) Accords substantially the same treatment to its permanent residents as it does to its nationals in respect of measures affecting trade in services, as notified in its acceptance of or accession to the WTO Agreement, provided that no Member is obligated to accord to such permanent residents treatment more favourable than would be accorded by that other Member to such permanent residents. Such notification shall include the assurance to assume, with respect to those permanent residents, in accordance with its laws and regulations, the same responsibilities that other Member hears with respect to its nationals;

ii) In the case of the supply of a service through commercial presence, owned or controlled by:

1) Natural persons of that Member; or

2) Juridical persons of that other Member identified under subparagraph i);

ii) «Controlled» by persons of a Member if such persons have the power to name a majority of its directors or otherwise to legally direct its actions;

iii) «Affiliated» with another person when it controls, or is controlled by, that other person; or when it and the other person are both controlled by the same person; and

(nota 12) Where the service is not supplied directly by a juridical person but through other forms of commercial presence such as a branch or a representative office, the service supplier (i.e. the juridical person) shall, nonetheless, through such presence be accorded the treatment provided for service suppliers under the Agreement. Such treatment shall be extended to the presence through which the service is supplied and need not be extended to any other parts of the supplier located outside the territory where the service is supplied.

Article XXIX

Annexes

The Annexes to this Agreement are an integral part of this Agreement.

ANNEX ON ARTICLE II EXEMPTIONS

Scope

1 - This Annex specifies the conditions under which a Member, at the entry into force of this Agreement, is exempted from its obligations under paragraph 1 of Article II.

2 - Any new exemptions applied for after the date of entry into force of the WTO Agreement shall be dealt with under paragraph 3 of Article IX of that Agreement.

Review

3 - The Council for Trade in Services shall review all exemptions granted for a period of more than five years. The first such review shall take place no more than five years after the entry into force of the WTO Agreement.

4 - The Council for Trade in Services in a review shall:

Termination

5 - The exemption of a Member from its obligations under paragraph I of Article II of the Agreement with respect to a particular measure terminates on the date provided for in the exemption.

6 - In principle, such exemptions should not exceed a period of 10 years. In any event, they shall be subject to negotiation in subsequent trade-liberalizing rounds.

7 - A Member shall notify the Council for Trade in Services at the termination of the exemption period that the inconsistent measure has been brought into conformity with paragraph I of Article II of the Agreement.

Lists of Article II exemptions

[The agreed lists of exemptions under paragraph 2 of Article 11 appear as part of this Annex in the treaty copy of the WTO Agreement.]

ANNEX ON MOVEMENT OF NATURAL PERSONS SUPPLYING SERVICES UNDER THE AGREEMENT

1 - This Annex applies to measures affecting natural persons who are service suppliers of a Member, and natural persons of a Member who are employed by a service supplier of a Member, in respect of the supply of a service.

2 - The Agreement shall not apply to measures affecting natural persons seeking access to the employment market of a Member, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis.

3 - In accordance with Parts III and IV of the Agreement, Members may negotiate specific commitments applying to the movement of all categories of natural persons supplying services under the Agreement. Natural persons covered by a specific commitment shall be allowed to supply the service in accordance with the terms of that commitment.

4 - The Agreement shall not prevent a Member from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to any Member under the terms of a specific commitment (ver nota 13).

(nota 13) The sole fact of requiring a visa for natural persons of certain Members and not for those of others shall not be regarded as nullifying or impairing benefits under a specific commitment.

ANNEX ON AIR TRANSPORT SERVICES

1 - This Annex applies to measures affecting trade in air transport services, whether scheduled or non-scheduled, and ancillary services. It is confirmed that any specific commitment or obligation assumed under this Agreement shall not reduce or affect a Member's obligations under bilateral or multilateral agreements that are in effect on the date of entry into force of the WTO Agreement.

2 - The Agreement, including its dispute settlement procedures, shall not apply to measures affecting:

3 - The Agreement shall apply to measures affecting:

4 - The dispute settlement procedures of the Agreement may be invoked only where obligations or specific commitments have been assumed by the concerned Members and where dispute settlement procedures in bilateral and other multilateral agreements or arrangements have been exhausted.

5 - The Council for Trade in Services shall review periodically, and at least every five years, developments in the air transport sector and the operation of this Annex with a view to considering the possible further application of the Agreement in this sector.

6 - Definitions:

ANNEX ON FINANCIAL SERVICES

1 - Scope and definition

ii) Activities forming part of a statutory system of social security or public retirement plans; and

iii) Other activities conducted by a public entity for the account or with the guarantee or using the financial resources of the Government.

2 - Domestic regulation

3 - Recognition

4 - Dispute settlement

Panels for disputes on prudential issues and other financial matters shall have the necessary expertise relevant to the specific financial service under dispute.

5 - Definitions

For the purposes of this Annex:

Insurance and insurance-related services:

A) Life;

B) Non-life;

ii) Insurance intermediation, such as brokerage and agency;

iii) Services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services;

iv) Services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services;

Banking and other financial services (excluding insurance):

vi) Lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction;

vii) Financial leasing;

viii) All payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts;

ix) Guarantees and commitments;

A) Money market instruments (including cheques, bills, certificates of deposits);

B) Foreign exchange;

C) Derivative products including, but not limited to, futures and options;

D) Exchange rate and interest rate instruments, including products such as swaps, forward rate agreements;

E) Transferable securities;

F) Other negotiable instruments and financial assets, including bullion;

xi) Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues;

xii) Money broking;

xiii) Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services;

xiv) Settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments;

xv) Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services;

xvi) Advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs v) through xv), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.

ii) A private entity, performing functions normally performed by a central bank or monetary authority, when exercising those functions.

SECOND ANNEX ON FINANCIAL SERVICES

1 - Notwithstanding Article II of the Agreement and paragraphs 1 and 2 of the Annex on Article II Exemptions, a Member may, during a period of 60 days beginning four months after the date of entry into force of the WTO Agreement, list in that Annex measures relating to financial services which are inconsistent with paragraph 1 of Article II of the Agreement.

2 - Notwithstanding Article XXI of the Agreement, a Member may, during a period of 60 days beginning four months after the date of entry into force of the WTO Agreement, improve, modify or withdraw all or part of the specific commitments on financial services inscribed in its Schedule.

3 - The Council for Trade in Services shall establish any procedures necessary for the application of paragraphs 1 and 2.

ANNEX ON NEGOTIATIONS ON MARITIME TRANSPORT SERVICES

1 - Article II and the Annex on Article II Exemptions, including the requirement to list in the Annex any measure inconsistent with most-favoured-nation treatment that a Member will maintain, shall enter into force for international shipping, auxiliary services and access to and use of port facilities only on:

2 - Paragraph 1 shall not apply to any specific commitment on maritime transport services which is inscribed in a Member's Schedule.

3 - From the conclusion of the negotiations referred to in paragraph 1, and before the implementation date, a Member may improve, modify or withdraw all or part of its specific commitments in this sector without offering compensation, notwithstanding the provisions of Article XXI.

ANNEX ON TELECOMMUNICATIONS

1 - Objectives

Recognizing the specificities of the telecommunications services sector and, in particular, its dual role as a distinct sector of economic activity and as the underlying transport means for other economic activities, the Members have agreed to the following Annex with the objective of elaborating upon the provisions of the Agreement with respect to measures affecting access to and use of public telecommunications transport networks and services. Accordingly, this Annex provides notes and supplementary provisions to the Agreement.

2 - Scope

ii) To require a Member (or to require a Member to oblige service suppliers under its jurisdiction) to establish, construct, acquire, lease, operate or supply telecommunications transport networks or services not offered to the public generally.

(nota 14) This paragraph is understood to mean that each Member shall ensure that the obligations of this Annex are applied with respect to suppliers of public telecommunications transport networks and services by whatever measures are necessary.

3 - Definitions

For the purposes of this Annex:

4 - Transparency

In the application of Article 111 of the Agreement, each Member shall ensure that relevant information on conditions affecting access to and use of public telecommunications transport networks and services is publicly available, including: tariffs and other terms and conditions of service; specifications of technical interfaces with such networks and services; information on bodies responsible for the preparation and adoption of standards affecting such access and use; conditions applying to attachment of terminal or other equipment; and notifications, registration or licensing requirements, if any.

5 - Access to and use of public telecommunications transport networks and services

ii) To interconnect private leased or owned circuits with public telecommunications transport networks and services or with circuits leased or owned by another service supplier; and

iii) To use operating protocols of the service supplier's choice in the supply of any service, other than as necessary to ensure the availability of telecommunications transport networks and services to the public generally.

ii) To protect the technical integrity of public telecommunications transport networks or services; or

iii) To ensure that service suppliers of any other Member do not supply services unless permitted pursuant to commitments in the Member's Schedule.

ii) A requirement to use specified technical interfaces, including interface protocols, for inter-connection with such networks and services;

iii) Requirements, where necessary, for the inter-operability of such services and to encourage the achievement of the goals set out in paragraph 7, a);

iv) Type approval of terminal or other equipment which interfaces with the network and technical requirements relating to the attachment of such equipment to such networks;

vi) Notification, registration and licensing.

(nota 15) The term «non-discriminatory» is understood to refer to most-favoured-nation and national treatment as defined in the Agreement, as well as to reflect sector-specific usage of the term to mean «terms and conditions no less favourable than those accorded to any other user of like public telecommunications transport networks or services under like circumstances».

6 - Technical cooperation

7 - Relation to international organizations and agreements

ANNEX ON NEGOTIATONS ON BASIC TELECOMMUNICATIONS

1 - Article II and the Annex on Article II Exemptions, including the requirement to list in the Annex any measure inconsistent with most-favoured-nation treatment that a Member will maintain, shall enter into force for basic telecommunications only on:

2 - Paragraph 1 shall not apply to any specific commitment on basic telecommunications which is inscribed in a Member's Schedule.

ANNEX

SCHEDULE OF SPECIFIC COMMITMENTS

European Communities and Their Member States

(this is authentic in English only)

Introductory note

1 - The specific commitments in this schedule apply only to the territories in which the Treaties establishing the European Communities are applied and under the conditions laid down in these Treaties. These commitments apply only to the relations between the Communities and their Member States on the one hand, and non-Community countries on the other. They do not affect the rights and obligations of Member States arising from Community law.

2 - The following abbreviations are used to indicate the Member States:

B - Belgium;

D - Germany;

DK - Denmark;

E - Spain;

F - France;

GR - Greece;

I - Italy;

IRL - Ireland;

L - Luxembourg;

NL - The Netherlands;

P - Portugal;

UK - United Kingdom.

3 - The rights and obligations arising from the GATS, including the schedule of commitments, shall have no self-executing effect and thus confer no rights directly to individual natural persons or juridical persons.

4 - A glossary of terms used by individual Member States is attached to this schedule.

European Communities and their Member States - Schedule of specific commitments

Modes of supply:

1) Cross-border supply;

2) Consumption abroad;

3) Commercial presence;

4) Presence of natural persons.

([ver documento original](https://files.diariodarepublica.pt/1s/1994/12/298a05/07561227.pdf))

ATTACHMENT A

Glossary

Terms used for individual Member States

France:

SC - Société Civile.

SCP - Société Civile Professionnelle.

SEL - Société d'Exercice Libéral.

SNC - Société en Nom Collectif.

SCS - Société en Commandite Simple.

SARL - Société à Responsabilité Limitée.

SCA - Société en Commandite par Actions.

SA - Société Anonyme.

N. B. - Toutes ces Sociétés sont dotées de la personnalité morale.

Germany:

GmbH & CoKG - Kommanditgesellschaft, bei der der persönlich haftende Gesellschafter iene GmbH (a stock company with limited responsibility) ist.

EWIV - Europäische Wirtschaftliche Interessenvereinigung (European Economic Interest Grouping).

Italy:

SPA - Società per Azioni (joint stock company).

SRL - Società a Responsabilità Limitada (company with limited responsibility).

For Italy the following professional services are covered in the EC offer:

Ragionieri-periti commerciali - Bookkeeping-accounting-auditing;

Commercialisti - Bookkeeping-accounting-auditing;

Geometri - Surveyors;

Ingegneri - Emgineers;

Architetti - Architects;

Geologi - Geologists;

Medici - Doctors;

Farmacisti - Pharmacist;

Psicilogi - Psychologists;

Veterinari - Veterinarians;

Biologi - Biologists;

Chimici - Chemists;

Periti agrari - Agricultural experts;

Agronomi - Agronomists;

Attuari - Actuarists.

FINAL LIST OF ARTICLE II (MFN) EXEMPTIONS

European Communities and their Member States

(this is authentic in English only)

European Communities and their Member States - Final list of article II (MFN) exemptions

([ver documento original](https://files.diariodarepublica.pt/1s/1994/12/298a05/07561227.pdf))

ANNEX 1C

AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS

Members:

Desiring to reduce distortions and impediments to international trade, and taking into account the need to promote effective and adequate protection of intellectual property rights, and to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade;

Recognizing, to this end, the need for new rules and disciplines concerning:

Recognizing the need for a multilateral framework of principles, rules and disciplines dealing with international trade in counterfeit goods;

Recognizing that intellectual property rights are private rights;

Recognizing the underlying public policy objectives of national systems for the protection of intellectual property, including developmental and technological objectives;

Recognizing also the special needs of the least-developed country Members in respect of maximum flexibility in the domestic implementation of laws and regulations in order to enable them to create a sound and viable technological base;

Emphasizing the importance of reducing tensions by reaching strengthened commitments to resolve disputes on trade-related intellectual property issues through multilateral procedures;

Desiring to establish a mutually supportive relationship between the WTO and the World Intellectual Property Organization (referred to in this Agreement as «WIPO») as well as other relevant international organizations;

hereby agree as follows:

PART I

General provisions and basic principles

Article 1

Nature and scope of obligations

1 - Members shall give effect to the provisions of this Agreement. Members may, but shall not be obliged to, implement in their law more extensive protection than is required by this Agreement, provided that such protection does not contravene the provisions of this Agreement. Members shall be free to determine the appropriate method of implementing the provisions of this Agreement within their own legal system and practice.

2 - For the purposes of this Agreement, the term «intellectual property» refers to all categories of intellectual property that are the subject of Sections 1 through 7 of Part II.

3 - Members shall accord the treatment provided for in this Agreement to the nationals of other Members (ver nota 1). In respect of the relevant intellectual property right, the nationals of other Members shall be understood as those natural or legal persons that would meet the criteria for eligibility for protection provided for in the Paris Convention (1967), the Berne Convention (1971), the Rome Convention and the Treaty on Intellectual Property in Respect of Integrated Circuits, were all Members of the WTO members of those Conventions (ver nota 2). Any Member availing itself of the possibilities provided in paragraph 3 of Article 5 or paragraph 2 of Article 6 of the Rome Convention shall make a notification as foreseen in those provisions to the Council for Trade-Related Aspects of Intellectual Property Rights (the «Council for TRIPS»).

(nota 1) When «nationals» are referred to in this Agreement, they shall he deemed. in the case of a separate customs territory Member of the WTO, to mean persons, natural or legal, who are domiciled or who have a real and effective industrial or commercial establishment in that customs territory.

(nota 2) In this Agreement, «Paris Convention» refers to the Paris Convention for the Protection of Industrial Property: «Paris Convention (1967)» refers to the Stockholm Act of this Convention of 14 July 1967. «Berne Convention» refers to the Berne Convention for the Protection of Literary and Artistic Works: «Berne Convention (1971)» refers to the Paris Act of this Convention of 24 July 1971. «Rome Convention» refers to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, adopted at Rome on 26 October 1961. «Treaty on Intellectual Property in Respect of Integrated Circuits» (IPIC Treaty) refers to the Treaty on Intellectual Property in Respect of Integrated Circuits, adopted at Washington on 26 May 1989. «WTO Agreement» refers to the Agreement Establishing the WTO.

Article 2

Intellectual property conventions

1 - In respect of Parts II, III and IV of this Agreement, Members shall comply with Articles 1 through 12, and Article 19, of the Paris Convention (1967).

2 - Nothing in Parts I to IV of this Agreement shall derogate from existing obligations that Members may have to each other under the Paris Convention, the Berne Convention, the Rome Convention and the Treaty on Intellectual Property in Respect of Integrated Circuits.

Article 3

National treatment