   
  
G/L/1385/Add.3  
 
30 November  2022 
(22-8927) 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 29 November  2022, 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. 2.2 
 
In that communication, the European Union extended the timelines of Article  XXVIII:3 of GATT  1994 
by another six  months or by eighteen  months in total, i.e. until 1  January  2023, without prejudice 
to the question of whether there are any rights to withdraw  concessions 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 The last extension 
until 1  January  2023 was presented and taken note of  at the meeting of the Council for Trade in 
Goods of 7–8 July 2022.4 
 
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  2023, the European Unio n believes that it is desirable to further extend the timelines of 
Article  XXVIII:3 of GATT  1994 by six  months, i.e. until 1  July 2023, 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 A rticle XXVIII:3 of GATT  1994 because this 
withdrawal occurs later than six  months after the EU's modification of its concessions, which 
 
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 (agricultu ral 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. 2, dated 31 May 2022, titled Article  XXVIII:5  Negotiations: 
Withdrawal of the United Kingdom from the Europea n Union – Communication from the European Union – 
Addendum (G/L/1385/Add. 2). 
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).  
4 Council for Trade in Goods, Minutes of the Meeting of 7-8 July 2022, G/C/M/14 3, 6 October  2022, 
para. 2.7. G/L/1385/Add.3  
 
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  occurred on 1  January  2021, provided that the WTO  Member in question withdraws concessions no 
later than 30 months after  the EU's modification of concessions. On this basis, the European Union 
and other Members currently engaged in these Article  XXVIII procedures can continue to concentrate 
on bringing these negotiations and consultations to a successful conclusion in the c oming months.  
 
The European Union proposes that the Council for Trade in Goods at its next meeting takes note of 
this communication and of the extension of the deadline as indicated in this communication, until 
1 July 2023.  
 
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