World Trade
Organization RESTRICTED S/C/W/259
2 August 2005 (05-3471) Council for Trade in Services Original: English

Communication from the european communities

China’s Transitional Review Mechanism 2005

The following communication, dated 27 July 2005, from the delegation of the European Communities is being circulated to the members of the Council for Trade in Services

_______________

The EC is transmitting comments and questions in advance of the meeting of the Council for Trade in Services of September, in order for the Chinese authorities to have sufficient time to provide complete replies.
The very broad definition of “Chinese legal affairs”, on which foreign law firms are not allowed to provide opinions, contrasts with the restrictive scope of “information on the impact of the Chinese legal environment”, the area of interest for the European law firms.
will not be included in the scope of the monopoly, and that the new postal law will provide a suitable definition of express delivery in line with international practice, for instance by adding a reasonable price criterion to the weight criterion used to define the monopoly.
Could China please confirm that it will ensure, in the final draft law, that foreign and foreign-owned operators shall have no less favourable treatment than China Post and its subsidiaries for their activities
When would China submit a new draft postal law that takes account of the above-mentioned comments?
The EC had in particular taken note of the changes to Decree 113, regulating the establishment in China of foreign invested construction companies, through the publication in September by the Ministry of Construction of a circular (Jian-Shi 2004-159).
The EC would also appreciate to be informed about the planned timetable for the issuance of draft implementing rules for Decree 114, which, despite having been announced since years, have yet to be issued for consultation.

Tourism
The EC understanding is that the Regulations on Administration of Travel Agencies dated 11 December 2001 establish, in article 11, an economics needs test (ENT) for the authorisation of new travel agencies.
(Note that this question does not pertain to land use, but to the possible legal existence/continuity of companies for a concrete period beyond 30/40 years, or an indefinite period).
CRS providers need certainty about the legal environment under which they are operating, and a guarantee on their scope of business and on non-discriminatory principles to be applied.