WORLD TRADE ORGANIZATION
MINISTERIAL CONFERENCE
Fourth Session
Doha, 9 - 14 November 2001 |
WT/MIN(01)/W/10
14 November 2001
(01-5768) |
IMPLEMENTATION-RELATED ISSUES AND CONCERNS
Decision
The Ministerial Conference,
Having regard to Articles IV.1, IV.5 and IX of the Marrakesh Agreement
Establishing the World Trade Organization (WTO);
Mindful of the importance that Members attach to the increased
participation of developing countries in the multilateral trading
system, and of the need to ensure that the system responds fully to the
needs and interests of all participants;
Determined to take concrete action to address issues and concerns that
have been raised by many developing-country Members regarding the
implementation of some WTO Agreements and Decisions, including the
difficulties and resource constraints that have been encountered in the
implementation of obligations in various areas;
Recalling the 3 May 2000 Decision of the General Council to meet in
special sessions to address outstanding implementation issues, and to
assess the existing difficulties, identify ways needed to resolve them,
and take decisions for appropriate action not later than the Fourth
Session of the Ministerial Conference;
Noting the actions taken by the General Council in pursuance of this
mandate at its Special Sessions in October and December 2000 (WT/L/384),
as well as the review and further discussion undertaken at the Special
Sessions held in April, July and October 2001, including the referral of
additional issues to relevant WTO bodies or their chairpersons for
further work;
Noting also the reports on the issues referred to the General Council
from subsidiary bodies and their chairpersons and from the
Director-General, and the discussions as well as the clarifications
provided and understandings reached on implementation issues in the
intensive informal and formal meetings held under this process since May
2000;
Decides as follows:
1. General Agreement on Tariffs and Trade 1994 (GATT 1994)
1.1 Reaffirms that Article XVIII of the GATT 1994 is a special
and differential treatment provision for developing countries and that
recourse to it should be less onerous than to Article XII of the GATT
1994.
1.2 Noting the issues raised in the report of the Chairperson of
the Committee on Market Access (WT/GC/50) concerning the meaning to be
given to the phrase "substantial interest" in paragraph 2(d) of Article
XIII of the GATT 1994, the Market Access Committee is directed to give
further consideration to the issue and make recommendations to the
General Council as expeditiously as possible but in any event not later
than the end of 2002.
2. Agreement on Agriculture
2.1 Urges Members to exercise restraint in challenging measures
notified under the green box by developing countries to promote rural
development and adequately address food security concerns.
2.2 Takes note of the report of the Committee on Agriculture
(G/AG/11) regarding the implementation of the Decision on Measures
Concerning the Possible Negative Effects of the Reform Programme on
Least-Developed and Net Food-Importing Developing Countries, and
approves the recommendations contained therein regarding (i) food aid;
(ii) technical and financial assistance in the context of aid programmes
to improve agricultural productivity and infrastructure; (iii) financing
normal levels of commercial imports of basic foodstuffs; and (iv) review
of follow-up.
2.3 Takes note of the report of the Committee on Agriculture
(G/AG/11) regarding the implementation of Article 10.2 of the Agreement
on Agriculture, and approves the recommendations and reporting
requirements contained therein.
2.4 Takes note of the report of the Committee on Agriculture
(G/AG/11) regarding the administration of tariff rate quotas and the
submission by Members of addenda to their notifications, and endorses
the decision by the Committee to keep this matter under review.
3. Agreement on the Application of Sanitary and Phytosanitary
Measures
3.1 Where the appropriate level of sanitary and phytosanitary
protection allows scope for the phased introduction of new sanitary and
phytosanitary measures, the phrase "longer time-frame for compliance"
referred to in Article 10.2 of the Agreement on the Application of
Sanitary and Phytosanitary Measures, shall be understood to mean
normally a period of not less than 6 months. Where the appropriate level
of sanitary and phytosanitary protection does not allow scope for the
phased introduction of a new measure, but specific problems are
identified by a Member, the Member applying the measure shall upon
request enter into consultations with the country with a view to finding
a mutually satisfactory solution to the problem while continuing to
achieve the importing Member's appropriate level of protection.
3.2 Subject to the conditions specified in paragraph 2 of Annex B
to the Agreement on the Application of Sanitary and Phytosanitary
Measures, the phrase "reasonable interval" shall be understood to mean
normally a period of not less than 6 months. It is understood that
timeframes for specific measures have to be considered in the context of
the particular circumstances of the measure and actions necessary to
implement it. The entry into force of measures which contribute to the
liberalization of trade should not be unnecessarily delayed.
3.3 Takes note of the Decision of the Committee on Sanitary and
Phytosanitary Measures (G/SPS/19) regarding equivalence, and instructs
the Committee to develop expeditiously the specific programme to further
the implementation of Article 4 of the Agreement on the Application of
Sanitary and Phytosanitary Measures.
3.4 Pursuant to the provisions of Article 12.7 of the Agreement
on the Application of Sanitary and Phytosanitary Measures, the Committee
on Sanitary and Phytosanitary Measures is instructed to review the
operation and implementation of the Agreement on Sanitary and
Phytosanitary Measures at least once every four years.
3.5
(i) Takes note of the actions taken to date by the
Director-General to facilitate the increased participation of Members at
different levels of development in the work of the relevant
international standard setting organizations as well as his efforts to
coordinate with these organizations and financial institutions in
identifying SPS-related technical assistance needs and how best to
address them; and
(ii) urges the Director-General to continue his cooperative efforts with
these organizations and institutions in this regard, including with a
view to according priority to the effective participation of
least-developed countries and facilitating the provision of technical
and financial assistance for this purpose.
3.6
(i) Urges Members to provide, to the extent possible, the
financial and technical assistance necessary to enable least-developed
countries to respond adequately to the introduction of any new SPS
measures which may have significant negative effects on their trade; and
(ii) urges Members to ensure that technical assistance is provided to
least-developed countries with a view to responding to the special
problems faced by them in implementing the Agreement on the Application
of Sanitary and Phytosanitary Measures.
4. Agreement on Textiles and Clothing
Reaffirms the commitment to full and faithful implementation of the
Agreement on Textiles and Clothing, and agrees:
4.1 that the provisions of the Agreement relating to the early
integration of products and the elimination of quota restrictions should
be effectively utilised.
4.2 that Members will exercise particular consideration before
initiating investigations in the context of antidumping remedies on
textile and clothing exports from developing countries previously
subject to quantitative restrictions under the Agreement for a period of
two years following full integration of this Agreement into the WTO.
4.3 that without prejudice to their rights and obligations,
Members shall notify any changes in their rules of origin concerning
products falling under the coverage of the Agreement to the Committee on
Rules of Origin which may decide to examine them.
Requests the Council for Trade in Goods to examine the following
proposals:
4.4 that when calculating the quota levels for small suppliers
for the remaining years of the Agreement, Members will apply the most
favourable methodology available in respect of those Members under the
growth-on-growth provisions from the beginning of the implementation
period; extend the same treatment to least-developed countries; and,
where possible, eliminate quota restrictions on imports of such Members;
4.5 that Members will calculate the quota levels for the
remaining years of the Agreement with respect to other restrained
Members as if implementation of the growth-on-growth provision for stage
3 had been advanced to 1 January 2000;
and make recommendations to the General Council by 31 July 2002 for
appropriate action.
5. Agreement on Technical Barriers to Trade
5.1 Confirms the approach to technical assistance being developed
by the Committee on Technical Barriers to Trade, reflecting the results
of the triennial review work in this area, and mandates this work to
continue.
5.2 Subject to the conditions specified in paragraph 12 of
Article 2 of the Agreement on Technical Barriers to Trade, the phrase
"reasonable interval" shall be understood to mean normally a period of
not less than 6 months, except when this would be ineffective in
fulfilling the legitimate objectives pursued.
5.3
(i) Takes note of the actions taken to date by the
Director-General to facilitate the increased participation of Members at
different levels of development in the work of the relevant
international standard setting organizations as well as his efforts to
coordinate with these organizations and financial institutions in
identifying TBT-related technical assistance needs and how best to
address them; and
(ii) urges the Director-General to continue his cooperative efforts with
these organizations and institutions, including with a view to according
priority to the effective participation of least-developed countries and
facilitating the provision of technical and financial assistance for
this purpose.
5.4
(i) Urges Members to provide, to the extent possible, the
financial and technical assistance necessary to enable least-developed
countries to respond adequately to the introduction of any new TBT
measures which may have significant negative effects on their trade; and
(ii) urges Members to ensure that technical assistance is provided to
least-developed countries with a view to responding to the special
problems faced by them in implementing the Agreement on Technical
Barriers to Trade.
6. Agreement on Trade-Related Investment Measures
6.1 Takes note of the actions taken by the Council for Trade in
Goods in regard to requests from some developing-country Members for the
extension of the five-year transitional period provided for in Article
5.2 of Agreement on Trade-Related Investment Measures.
6.2 Urges the Council for Trade in Goods to consider positively
requests that may be made by least-developed countries under Article 5.3
of the TRIMs Agreement or Article IX.3 of the WTO Agreement, as well as
to take into consideration the particular circumstances of
least-developed countries when setting the terms and conditions
including time-frames.
7. Agreement on the Implementation of Article VI of the General
Agreement on Tariffs and Trade 1994
7.1 Agrees that investigating authorities shall examine with
special care any application for the initiation of an anti-dumping
investigation where an investigation of the same product from the same
Member resulted in a negative finding within the 365 days prior to the
filing of the application and that, unless this pre-initiation
examination indicates that circumstances have changed, the investigation
shall not proceed.
7.2 Recognizes that, while Article 15 of the Agreement on the
Implementation of Article VI of the General Agreement on Tariffs and
Trade 1994 is a mandatory provision, the modalities for its application
would benefit from clarification. Accordingly, the Committee on
Anti-Dumping Practices is instructed, through its working group on
Implementation, to examine this issue and to draw up appropriate
recommendations within twelve months on how to operationalize this
provision.
7.3 Takes note that Article 5.8 of the Agreement on the
Implementation of Article VI of the General Agreement on Tariffs and
Trade 1994 does not specify the time-frame to be used in determining the
volume of dumped imports, and that this lack of specificity creates
uncertainties in the implementation of the provision. The Committee on
Anti-Dumping Practices is instructed, through its working group on
Implementation, to study this issue and draw up recommendations within
12 months, with a view to ensuring the maximum possible predictability
and objectivity in the application of time frames.
7.4 Takes note that Article 18.6 of the Agreement on the
Implementation of Article VI of the General Agreement on Tariffs and
Trade 1994 requires the Committee on Anti-Dumping Practices to review
annually the implementation and operation of the Agreement taking into
account the objectives thereof. The Committee on Anti-dumping Practices
is instructed to draw up guidelines for the improvement of annual
reviews and to report its views and recommendations to the General
Council for subsequent decision within 12 months.
8. Agreement on the Implementation of Article VII of the General
Agreement on Tariffs and Trade 1994
8.1 Takes note of the actions taken by the Committee on Customs
Valuation in regard to the requests from a number of developing-country
Members for the extension of the five-year transitional period provided
for in Article 20.1 of Agreement on the Implementation of Article VII of
the General Agreement on Tariffs and Trade 1994.
8.2 Urges the Council for Trade in Goods to give positive
consideration to requests that may be made by least-developed country
Members under paragraphs 1 and 2 of Annex III of the Customs Valuation
Agreement or under Article IX.3 of the WTO Agreement, as well as to take
into consideration the particular circumstances of least-developed
countries when setting the terms and conditions including time-frames.
8.3 Underlines the importance of strengthening cooperation
between the customs administrations of Members in the prevention of
customs fraud. In this regard, it is agreed that, further to the 1994
Ministerial Decision Regarding Cases Where Customs Administrations Have
Reasons to Doubt the Truth or Accuracy of the Declared Value, when the
customs administration of an importing Member has reasonable grounds to
doubt the truth or accuracy of the declared value, it may seek
assistance from the customs administration of an exporting Member on the
value of the good concerned. In such cases, the exporting Member shall
offer cooperation and assistance, consistent with its domestic laws and
procedures, including furnishing information on the export value of the
good concerned. Any information provided in this context shall be
treated in accordance with Article 10 of the Customs Valuation
Agreement. Furthermore, recognizing the legitimate concerns expressed by
the customs administrations of several importing Members on the accuracy
of the declared value, the Committee on Customs Valuation is directed to
identify and assess practical means to address such concerns, including
the exchange of information on export values and to report to the
General Council by the end of 2002 at the latest.
9. Agreement on Rules of Origin
9.1 Takes note of the report of the Committee on Rules of Origin
(G/RO/48) regarding progress on the harmonization work programme, and
urges the Committee to complete its work by the end of 2001.
9.2 Agrees that any interim arrangements on rules of origin
implemented by Members in the transitional period before the entry into
force of the results of the harmonisation work programme shall be
consistent with the Agreement on Rules of Origin, particularly Articles
2 and 5 thereof. Without prejudice to Members' rights and obligations,
such arrangements may be examined by the Committee on Rules of Origin.
10. Agreement on Subsidies and Countervailing Measures
10.1 Agrees that Annex VII(b) to the Agreement on Subsidies and
Countervailing Measures includes the Members that are listed therein
until their GNP per capita reaches US $1,000 in constant 1990 dollars
for three consecutive years. This decision will enter into effect upon
the adoption by the Committee on Subsidies and Countervailing Measures
of an appropriate methodology for calculating constant 1990 dollars. If,
however, the Committee on Subsidies and Countervailing Measures does not
reach a consensus agreement on an appropriate methodology by 1 January
2003, the methodology proposed by the Chairman of the Committee set
forth in G/SCM/38, Appendix 2 shall be applied. A Member shall not leave
Annex VII(b) so long as its GNP per capita in current dollars has not
reached US $1000 based upon the most recent data from the World Bank.
10.2 Takes note of the proposal to treat measures implemented by
developing countries with a view to achieving legitimate development
goals, such as regional growth, technology research and development
funding, production diversification and development and implementation
of environmentally sound methods of production as non-actionable
subsidies, and agrees that this issue be addressed in accordance with
paragraph 13 below. During the course of the negotiations, Members are
urged to exercise due restraint with respect to challenging such
measures.
10.3 Agrees that the Committee on Subsidies and Countervailing
Measures shall continue its review of the provisions of the Agreement on
Subsidies and Countervailing Measures regarding countervailing duty
investigations and report to the General Council by 31 July 2002.
10.4 Agrees that if a Member has been excluded from the list in
paragraph (b) of Annex VII to the Agreement on Subsidies and
Countervailing Measures, it shall be re-included in it when its GNP per
capita falls back below US$ 1,000.
10.5 Subject to the provisions of Articles 27.5 and 27.6, it is
reaffirmed that least-developed country Members are exempt from the
prohibition on export subsidies set forth in Article 3.1(a) of the
Agreement on Subsidies and Countervailing Measures, and thus have
flexibility to finance their exporters, consistent with their
development needs. It is understood that the eight-year period in
Article 27.5 within which a least-developed country Member must phase
out its export subsidies in respect of a product in which it is
export-competitive begins from the date export competitiveness exists
within the meaning of Article 27.6.
10.6 Having regard to the particular situation of certain
developing-country Members, directs the Committee on Subsidies and
Countervailing Measures to extend the transition period, under the
rubric of Article 27.4 of the Agreement on Subsidies and Countervailing
Measures, for certain export subsidies provided by such Members,
pursuant to the procedures set forth in document G/SCM/W/471/Rev.1.
Furthermore, when considering a request for an extension of the
transition period under the rubric of Article 27.4 of the Agreement on
Subsidies and Countervailing Measures, and in order to avoid that
Members at similar stages of development and having a similar order of
magnitude of share in world trade are treated differently in terms of
receiving such extensions for the same eligible programmes and the
length of such extensions, directs the Committee to extend the
transition period for those developing countries, after taking into
account the relative competitiveness in relation to other
developing-country Members who have requested extension of the
transition period following the procedures set forth in document G/SCM/W/471/Rev.1.
11. Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS)
11.1 The TRIPS Council is directed to continue its examination of
the scope and modalities for complaints of the types provided for under
subparagraphs 1(b) and 1(c) of Article XXIII of GATT 1994 and make
recommendations to the Fifth Session of the Ministerial Conference. It
is agreed that, in the meantime, Members will not initiate such
complaints under the TRIPS Agreement.
11.2 Reaffirming that the provisions of Article 66.2 of the TRIPS
Agreement are mandatory, it is agreed that the TRIPS Council shall put
in place a mechanism for ensuring the monitoring and full implementation
of the obligations in question. To this end, developed-country Members
shall submit prior to the end of 2002 detailed reports on the
functioning in practice of the incentives provided to their enterprises
for the transfer of technology in pursuance of their commitments under
Article 66.2. These submissions shall be subject to a review in the
TRIPS Council and information shall be updated by Members annually.
12. Cross-cutting Issues
12.1 The Committee on Trade and Development is instructed:
(i) to identify those special and differential treatment provisions that
are already mandatory in nature and those that are non-binding in
character, to consider the legal and practical implications for
developed and developing Members of converting special and differential
treatment measures into mandatory provisions, to identify those that
Members consider should be made mandatory, and to report to the General
Council with clear recommendations for a decision by July 2002;
(ii) to examine additional ways in which special and differential
treatment provisions can be made more effective, to consider ways,
including improved information flows, in which developing countries, in
particular the least-developed countries, may be assisted to make best
use of special and differential treatment provisions, and to report to
the General Council with clear recommendations for a decision by July
2002; and
(iii) to consider, in the context of the work programme adopted at the
Fourth Session of the Ministerial Conference, how special and
differential treatment may be incorporated into the architecture of WTO
rules.
The work of the Committee on Trade and Development in this regard shall
take fully into consideration previous work undertaken as noted in WT/COMTD/W/77/Rev.1.
It will also be without prejudice to work in respect of implementation
of WTO Agreements in the General Council and in other Councils and
Committees.
12.2 Reaffirms that preferences granted to developing countries
pursuant to the Decision of the Contracting Parties of 28 November 1979
("Enabling Clause")1 should be generalised,
non-reciprocal and non-discriminatory.
13. Outstanding Implementation Issues
2
Agrees that outstanding implementation issues be addressed in accordance
with paragraph 12 of the Ministerial Declaration (WT/MIN(01)/DEC/-).
14. Final Provisions
Requests the Director-General, consistent with paragraphs 38 to 43 of
the Ministerial Declaration (WT/MIN(01)/DEC/-), to ensure that WTO
technical assistance focuses, on a priority basis, on assisting
developing countries to implement existing WTO obligations as well as on
increasing their capacity to participate more effectively in future
multilateral trade negotiations. In carrying out this mandate, the WTO
Secretariat should cooperate more closely with international and
regional intergovernmental organisations so as to increase efficiency
and synergies and avoid duplication of programmes.
1BISD 26S/203.
2 A list of these issues is compiled in document
Job(01)/152/Rev.1.
|