The GATS (general Agreement on trade in services) is an international, multilateral treaty system of the world trade organization (World Trade Organization), which regulates the transnational trade with services and whose progressive liberalisation has the goal.

GATS kind 1 exp. 3: GATS covers all services, with exception of such services, which are furnished in the context of national competence. Services, which are furnished in the context of national competence, defined as services, which are furnished neither for commercial purposes nor in the competition with one or more Dienstleistungserbringern.

The GATS applies not only to the trade with services, but also to the consumption of services inland as well as the contribution of services by foreign investors. The agreement has extensive effects.

History

After the Second World War a consent existed over the fact between the industrial nations that peaceful living together of the nations was to be promoted by economic entwinements. In addition first an international trading organisation ITO was sketched and the Charter of Havanna, which demanded prosperity, peace, occupation and fair social standards among other things, decided, to their entry into force however at the US-American congress failed. In its place the general tariff and trade agreement HOLE were created.

The HOLE took over increasingly the function of a multilateral framework for the international trade. Until 1994 took place eight rounds HOLE, in whose process the member states lowered their tariffs substantial and diminished not barriers to trade.

The last round, the Uruguay round, which took place from 1986 to 1994, referred also services and mental vested titles (patents and copyrights) into the agreement also. Results of the Uruguay round are the establishment of the world trade organization World Trade Organization, the Agreement on trade Related Aspects OF Intellectual Property Rights (agreement over the protection of mental vested titles, "TRIPs") and the GATS.

The GATS agreement was signed at the end of the Uruguay round and came into force to 1.1.1995 (GATS 1995). One decided at that time at the same time to revise the contract after five years.

Thus the GATS since beginning 2000 again one negotiates (GATS 2000). The negotiations should be final up to the end of the "new round" (the new round of negotiations agreed upon in Doha under certain conditions) 2005 (see Doha round). In order to reach this, the conference of ministers specified to the negotiation frameworks. Important basic data of the current negotiations was the 30.6.2002, up to this day could member countries on other member countries demands place, which service sectors are to be opened. Up to 31.3.2003 had the countries then time to deliver liberalisation offers.

The former director of the GATS department in the World Trade Organization secretariat David Hartridge meant: Without the enormous pressure of the American Finanzdienstleister, of companies such as American Express or Citicorp, it would have in particular given no service agreement.

Most-favored nation treatment and resident treatment

To the substantial principles of the GATS the most-favored nation treatment and the resident treatment belong.

The principle of the most-favored nation treatment means the fact that it is not possible to grant to commercial privileges only individual states but that it always must be entitled to all World Trade Organization states. There are some general exceptions of the most-favored nation treatment for regional integration agreements, so that for example the European Union of commercial advantages of their domestic market must grant not also third states.

The principle of the resident treatment obligates the member states to set foreign offerers domestic. National expenditures must be to also private offerers at the disposal.

Land lists and GATS negotiations

In principle the World Trade Organization member states themselves can determine, which service ranges them for the market to open. In the land lists in such a way specified commit themselves the individual states, which services specify them approved, and/or, which restrictions there are regarding market admission and resident treatment.

The opening of the individual service sectors happens gradually in several rounds and takes place for instance after the sample: "You give me the service education, give I you the service traffic". The liberalisation of the service in very many single points - 12 sectors and/or 155 Subsektoren "times" that in each case four different kinds of service contribution (modes) - one negotiates. At present the World Trade Organization negotiations with the goal leads of liberalisieren the restrictions in the land lists until 2005. The liberalisation is to be operated, in each round increasing, strengthened. The article XIX of the GATS speaks expressly of a progressive liberalisation. The cancelling of once received liberalisation obligations is possible only if the trade partners damaged thereby receive compensations, e.g. in the form of and for liberalisation of other ranges.

The GATS discussion

The central point of discussion is whether public services (health service achievements, education services,"Â…) by article 1,3 are excluded, or under the GATS fall nevertheless.

Thus for instance the Austrian Ministry of Economic Affairs argues that the system of the Austrian social and pension insurance from the GATS is excluded, since it concerns services, which lit in accordance with article 1 exp. 3. b of the GATS agreement within national competence to be furnished.

Which conceals the Ministry of Economic Affairs according to the critics regularly, is lit. C of this article. In this regulation it means that services those

in practice of national force to be furnished, are excluded from the GATS only if these services are furnished neither for commercial purposes nor in the competition with one or more offerers.

It exists furnished neither among World Trade Organization members nor in the World Trade Organization secretariat agreement over the meaning of the term in practice of national force. Particularly the secretariat the World Trade Organization seems to pursue depending upon circumstance, different beginnings.

In background paper to health service achievements and social services (S/C/W/50) argues secretariat that it is unrealistic in cases, where private oriented, commercially and public-non-profit hospitals exist parallel, to state that no competitive position prevails. Therefore public hospitals, although they are a public service, are excluded not from the GATS.

What thus actually means article 1 (3) That appears to some unclearly. One could to commercial purpose in such a way understand that a price is paid for the service, so that each service, which is not made available free of charge, would be a commercial service. Therefore quasi each public service would fall under the GATS, since any price for the service is usually furnished, if also not directly of the service receiver.

Further the article IV.4 is discussed, where among other things a so-called necessity test is described. This is to examine whether national are commercialneutral environment or other editions and whether there could be other editions, which offer a larger incentive for foreign investors. This threatens the democratic organization clearance, since the national state must prove that its editions are the lowest possible.

The OECD suggests, services, which are furnished in the context of national competence to understand as non-profit.

GATS and European Union

Unwanted way the demands of the European Union came like also the offers to the European Union to the public and for displeasure provided, since by the USA one demands among other things, to denationalize in the education sector. From the 109 countries, on whose address the European Union arranged their demands for liberalisation (Requests so mentioned), the large majority (94) is development or developing countries.

In Europe we have the "European service forum" (ESF), which by Sir Leon Brittain (European Union commercial commissioner before Pascal Lamy) were created, in order to merge the European service companies into the GATS negotiations.

Articles in category "General Agreement on trade in services"

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