132. The representative of Argentina expressed surprise at the explanation given by the European Communities regarding the non-inclusion of some provisions of the TRIPS Agreement as possible basis for reservations, particularly the argument that these provisions were "optional". She reminded Members that the real issue discussed on this point was the very existence of exceptions, in other words, the margins of flexibility that were negotiated to safeguard rights of interested third parties. This was the reason why her delegation wanted to reiterate its concern about this whole procedure of reservations, which seemed to be some "engineering project" with the purpose and effect to subtract from national jurisdictions the competences they had in terms of options for implementing the existing flexibilities. Flexibilities in the TRIPS Agreement constituted one of the few gains of developing countries. What was being proposed by the European Communities was a multilateral system with new rights and obligations. The Special Session was not negotiating a harmonization treaty on geographical indications. That was an important point for developing countries.
