   
  
G/L/1385/Add.5  
 
30 November  2023 
(23-8054) Page: 1/2 
Council for Trade in Goods  Original: English  
 
  
ARTICLE  XXVIII:5 NEGOTIATIONS  
WITHDRAWAL OF THE UNITED KINGDOM FROM THE EUROPEAN UNION  
Communication from the European Union  
Addendum  
The following communication, dated 27 November  2023, is being circulated at the request of the 
Delegation of the European Union.  
 
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In connection with the ongoing negotiations under Article  XXVIII of GATT  1994 on the apportionment 
of the European Union's tariff -rate quota concessions following the withdrawal of the United Kingdom 
from the European Union1, the European Union refers to WTO  document  G/L/1385/Add. 4.2 
 
In that communication, the European Union extended the timelines of Article  XXVIII:3 of GATT  1994 
by another six  months or by thirty  months in total, i.e. until 1  January  2024, without prejudice to 
the question of whether there are any rights to withdraw c oncessions pursuant to Article  XXVIII:3(a) 
and (b). The European Union's Communication on the first  extension by six  months had outlined the 
established practice in relation to such extensions.3 
 
Considering that the conclusion of the ongoing negotiations  and consultations should not be impeded 
by the six -month timelines of Article  XXVIII:3(a) and (b), in the event that, for substantive or 
procedural reasons including domestic procedural requirements for the formal conclusion of 
agreements under Article  XXVIII of GATT  1994, it were to take more time than will be available until 
1 January  2024, the European Union believes that it is desirable to further extend the timelines of 
Article  XXVIII:3 of GATT  1994 by six  months, i.e. until 30 June 2024, without prejudice to the 
question of whether there are any rights to withdraw concessions pursuant to Article  XXVIII:3(a) 
and (b).  
 
Accordingly, the European Union wishes to inform the Membership that the European Union 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 EU's modification of its concessions, which 
occurred on 1  January  2021, provided that the WTO  Member in question withdraws concessions no 
later than 42 months after the EU's modification of concessions. This extended time -period will allow 
the European Union and other Members involved in these Artic le XXVIII procedures to try to conclude 
 
1 Cf. WTO  document  G/SECRET/42 , dated 19  July 2018, in which the European Union notified its 
intention to modify its current concessions on all tariff -rate quotas as they are reflected in Schedule  CLXXV of 
the European Union, in its Part  I Section  I-B (agricultural products) and in its Part  II Section  II-B (other 
products), and document  G/SECRET/42/Add.2  of 19 October  2018.  
2 Cf. WTO document  G/L/1385/Add. 4, dated 30 May 2023, titled Article  XXVIII:5 Negotiations: 
Withdrawal of the United Kingdom from the European Union – Communication from the European Union – 
Addendum ( G/L/1385/Add. 4). 
3 Cf. WTO document  G/L/1385 , dated 19  March  2021, titled Withdrawal of the United Kingdom from the 
European Union: Procedures under Article  XXVIII:3 of the GATT  1994 – Communication from the European 
Union  (G/L/1385 ). G/L/1385/Add.5  
 
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  any open negotiations or consultations over the coming months and to complete the domestic 
procedures required for the conclusion of agreements under Article  XXVIII of GATT  1994.  
 
The European Union proposes that the  Council for Trade in Goods at an upcoming meeting takes 
note of this communication and of the extension of the deadline as indicated in this communication, 
until 30 June 2024. 
 
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