 WORLD TRADE  
ORGANIZATION  S/C/21 
29 March 2004 
 (04-1404) 
Council for Trade in Services  
   
 
IMPLEMENTATION OF SPECIFIC COMMITMENTS IN 
TELECOMMUNICATIONS SERVICES  
REQUEST FOR A WAIVER 
 
Report to the General Council
 
 
  1. At its meeting held on 5 December 2003, the G overnment of Albania presented to the Council 
for Trade in Services a request for a waiver, cont ained in document S/L/148, to allow Albania to 
postpone the implementation of certain commitments in telecommunications services. At this meeting 
a number of delegations made stat ements which are reflected in document S/C/M/69. The Chairman 
of the Council for Trade in Services proposed that the Council take note of the statements and that Albania undertake consultations with Members and that  the Council revert to this item at a following 
meeting. 
2. Accordingly, Albania has conducted consultati ons with other Members upon their request. As 
a result of the consultations, Albania submitt ed a revised request, contained in document 
S/L/148/Rev.1. 
3. After consideration of the request, the Council fo r Trade in Services at its meeting held on 
1 March 2004, decided to recommend that the draft d ecision as attached to this report be forwarded to 
the General Council for adoption. Statements by dele gations made at this meeting are reflected in 
document S/C/M/70. 
__________ S/C/21 
Page 2  
 
ANNEX 
 
 
DRAFT DECISION
 
 
ALBANIA  
IMPLEMENTATION OF SPECIFIC COMMITMENTS IN 
TELECOMMUNICATIONS SERVICES  
 
Request for a Waiver 
 
Decision of [   ] 20041 
   The General Council, 
 
 Conducting  the function of the Ministerial Conference in the interval between meetings 
pursuant to paragraph 2 of Article IV of the WTO Agreement;   Having regard to paragraphs 1, 3 and 4 of Artic le IX of the Marrakesh Agreement 
Establishing the World Trade Organization (the "W TO Agreement"), the Guiding Principles to be 
followed in considering applications for waiver s adopted on 1 November 1956 (BISD 5S/25), and the 
Decision-Making Procedures under Articles IX and XII of the WTO Agreement agreed by the 
General Council (WT/L/93);   Taking note  of the request of Albania for a waiver from its commitments under Article XVI 
(Market Access) of the GATS, with respect to international public voice telephone services (CPC 
75212);   Referring  to the explanatory note presented by Albania and circulated on 21 November 2003, 
and the statements made by the delegation of Albania to the Council for Trade in Services at its meetings held on 5 December 2003 and 1 March 2004;  
 
 Taking into account  the exceptional circumstances arising in Albania as a result of the war in 
Kosovo, which caused  substantial direct damage  to the Albanian economy,  thereby creating 
disruption in and serious impedi ments to the government's ability to implement planned economic 
reforms and programs, including the full implem entation of its GATS Article XVI commitments 
regarding international public voice telephone services;  
  Considering  that Albania has requested a brief waiv er to implement the commitments cited 
above and hereby commits itself fully to impl ement its GATS commitments by 1 January 2005; 
  Taking note of the foregoing exceptional circumstances;  
 
 Decides  as follows: 
 
1. Subject to the terms and conditions se t out hereunder, the commitments undertaken 
by Albania under GATS Article XVI (Market Access)  with respect to international public voice 
telephone services (CPC 75212) are, with respect to  the exclusivity granted to Albtelecom for the 
transmission through its network of these ser vices, waived until 31 December 2004.   
                                                     
 
1 Adopted in accordance with the Procedures on WTO Decision-Making under Article IX of the WTO 
Agreement agreed by the General Council (WT/L/93).  S/C/21 
 Page 3 
 
 
2. Albania will, upon request, promptly enter into consultations with any interested 
Member with respect to any difficulty or matter th at may arise from the waiver of the commitments 
covered by this Decision. Where any such Member considers that its benefits under the GATS are or 
may be impaired unduly as a result of measures put in place by Albania and covered by this Decision, 
such consultation shall examine the possibility of ac tion for a satisfactory adjustment of the matter. 
3. This decision shall not preclude the right  of a Member to have recourse to Articles 
XXII and XXIII of the GATS. 
4. No later than the last formal meeting of the Council for Trade in Services in 2004, 
Albania shall provide a status report on its preparations to fulfil its GATS commitments. 
 
_______________ 
 
 
 
 
 