Which Of The Following Agreement Deals With Trade In Services
The European Commission is negotiating on behalf of the EU. Its negotiating team regularly briefs the Council – which includes representatives of the governments of EU Member States – and the European Parliament. The Commission also holds regular meetings with business and civil society. The GATS expressly recognizes the right of members to regulate service delivery by pursuing their own policy objectives. However, the agreement contains provisions to ensure that service rules are managed appropriately, objectively and impartially. The agreement prohibits government mandates that require disclosure of the source code of the software as a condition for the distribution of this software and related services, and states: „No party may require the transmission or access to the source code of software belonging to a person of another party as a condition for the provision of services related to that software on its territory.“  While there are exceptions for „software used for critical infrastructure“ and software that is not used in the mass market, the agreement would prevent, for example, governments from forcing router providers for consumer networks to provide source code to the software for security purposes.  The agreement has been criticized for the secrecy surrounding the negotiations. The front page of the negotiating document leaked by Wikileaks reads: „Declassify on: five years after the TISA agreement came into force or, if no agreement enters into force, five years after the conclusion of the negotiations.“  Because of this practice, it is not possible to be informed of the liberalisation rules that the participating countries propose for the future agreement. Only Switzerland has the practice of making public on the Internet all the proposals it has made to the other parties since June 2012.  The European Union did not publish its „offer“ for TISA until July 2014 after the Wikileaks revelation.
As a result of the Framework Agreement49, this agreement defines „service delivery“ as „service delivery (1) from the territory of one party in the territory of another party („cross-border“); (2) in the territory of a contracting party of the consumer of services of another contracting party („consumption abroad“); (3) by a service provider of one contracting party by a commercial presence in the territory of another party („commercial presence“); (4) by the service provider of a contracting party by the presence of individuals of a contracting party in the territory of another contracting party („presence of natural persons“)50 The agreement is an ally of the parties engaged in the trade in services, but excludes their use of „services provided in the exercise of state authority“ and „rules or requirements relating to the acquisition of services acquired for public purposes“ by public authorities (Article 2).