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Europaudvalget 2001-02 (1. samling)
EUU Alm.del Bilag 114
Offentligt

Modtaget via elektronisk post. Der tages forbehold for evt. fejl

Europaudvalget

(Alm. del - bilag 114)

udenrigsministerråd

(Offentligt)

_____________________________________________

URU, Alm. del - bilag 59 (Løbenr. 2210)

Medlemmerne af Folketingets Europaudvalg

og deres stedfortrædere

Bilag

Journalnummer

400.C.2-0

Kontor

EU-sekr.

29. oktober 2001

Til underretning for Folketingets Europaudvalg vedlægges i forbindelse med forberedelserne af WTO’s 4.

ministerkonference den 9.-13. november 2001 i Doha, Qatar, revideret udkast til ministererklæring fra

konferencen (JOB(01)/140/Rev.1), udkast til WTO-beslutning vedr. emner i forbindelse med spørgsmålet om

implementering (JOB(01)/139/Rev.1) samt udkast til ministererklæring fra konferencen (JOB(01)/155) vedr.

TRIPS-aftalen (adgang til medicin).

Dokumenterne vil indgå i det samlede videre arbejde frem mod ministerkonferencen i Doha.

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JOB(01)/140/Rev.1

27 October 2001

General Council

Preparations for the Fourth Session of the Ministerial Conference

Draft Ministerial Declaration

Revision

The attached draft Ministerial Declaration has been prepared by the Chairman of the General Council, in cooperation with

the Director-General, for transmission to the Fourth Session of the Ministerial Conference. This draft does not purport to be

agreed in any part at this stage.

__________

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01-5291

General Council

Preparations for the Fourth Session of the Ministerial Conference

Draft Ministerial Declaration

1. The multilateral trading system embodied in the World Trade Organization has contributed significantly to economic

growth, development and employment throughout the past fifty years. We are determined, particularly in the light of the

global economic slowdown, to maintain the process of reform and liberalization of trade policies, thus ensuring that the

system plays its full part in promoting recovery, growth and development. We therefore strongly reaffirm the principles and

objec tives set out in the Marrakesh Agreement Establishing the World Trade Organization, and pledge to reject the use of

protectionism.

2. International trade can play a major role in the promotion of economic development and the alleviation of poverty. We

recognize the need for all our peoples to benefit from the increased opportunities and welfare gains that the multilateral

trading system generates. The majority of WTO Members are developing countries. We seek to place their needs and

interests at the heart of the Work Programme adopted in this Declaration. Recalling the Preamble to the Marrakesh

Agreement, we s hall continue to make positive efforts designed to ensure that developing countries, and especially the least-

developed among them, secure a share in the growth of world trade commensurate with the needs of their economic

development. In this context, enhanced market access, balanced rules, and well targeted, sustainably financed technical

assistance and capacity-building programmes have important roles to play.

3. We recognize the particular vulnerability of the least-developed countries and the special structural difficulties they face in

the global economy. We are committed to addressing the marginalization of least-developed countries in international trade

and to improving their effective participation in the multilateral trading system. We recall the commitments made by

Ministers at our meetings in Marrakesh, Singapore and Geneva, and by the international community at the Third UN Conf

erence on Least-Developed Countries in Brussels, to help least-developed countries secure beneficial and meaningful

integration into the multilateral trading system and the global economy. We are determined that the WTO will play its part in

building effectively on these commitments under the Work Programme we are establishing.

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4. We stress our commitment to the WTO as the unique forum for global trade rule-making and liberalization, while also

recognizing that regional trade agreements can play an important role in promoting the liberalization and expansion of trade

and in fostering development.

5. We are aware that the challenges Members face in a rapidly changing international environment cannot be addressed

through measures taken in the trade field alone. We shall continue to work with the Bretton Woods institutions for greater

coherence in global economic policy-making.

6. We strongly reaffirm our commitment to the objective of sustainable development, as stated in the Preamble to the

Marrakesh Agreement. We are convinced that the aims of upholding and safeguarding an open and non-discriminatory

multilateral trading system, and acting for the protection of the environment and the promotion of sustainable development

can and must be mutually supportive. We recognize the right of Members under WTO rules to take measures to uphold and

enforce the level s of health, safety and environmental protection they deem appropriate. We agree to ensure that measures

taken to address such concerns shall not be used for protectionist purposes.

7. We reaffirm the right of Members under the General Agreement on Trade in Services to regulate, and to introduce new

regulations on, the supply of services.

8. We reaffirm our declaration made at the Singapore Ministerial Conference regarding internationally recognized core labour

standards. We take note of work under way in the International Labour Organization (ILO) on the social dimension of

globalization. The ILO provides the appropriate forum for a substantive dialogue on various aspects of this issue.

9. We note with particular satisfaction that this Conference has completed the WTO accession procedures for China and

Chinese Taipei. We also welcome the accession as new Members, since our last Session, of Albania, Croatia, Georgia, Jordan,

Lithuania, Moldova and Oman. These accessions will greatly strengthen the multilateral trading system, as will those of the 28

countries now negotiating their accession. We therefore attach great importance to concluding accession proceedings as

quickly as possible. In particular, we are committed to accelerating the accession of least-developed countries.

10. Recognizing the challenges posed by an expanding WTO membership, we confirm our collective responsibility to ensure

internal transparency and the effective participation of all Members. Emphasizing the intergovernmental character of the

organization, we will continue to promote a better public understanding of the WTO and to communicate the benefits of a

liberal, rules-based multilateral trading system, particularly through the more effective dissemination of information and

impro ved dialogue with the public.

11. In view of these considerations, we hereby agree to undertake the broad and balanced Work Programme set out below.

This incorporates both an expanded negotiating agenda and other important decisions and activities necessary to address the

challenges facing the multilateral trading system.

WORK PROGRAMME

Implementation-Related Issues and Concerns

12. We attach the utmost importance to the implementation-related issues and concerns raised by Members and are

determined to find appropriate solutions to them. In this connection, and having regard to the General Council Decisions of

3 May and 15 December 2000, we further adopt the Decision on Implementation-Related Issues and Concerns in document

Job(01)/139/Rev.1 to address a number of implementation problems faced by Members. We agree that negotiations on

outstanding i mplementation issues shall be an integral part of the Work Programme we are establishing, and that agreements

reached at an early stage in these negotiations shall be treated in accordance with the provisions of paragraph 40 below. In

this regard, we shall proceed as follows: (a) where we provide a specific negotiating mandate in this Declaration, the relevant

implementation issues shall be addressed under that mandate; (b) the other outstanding implementation issues shall be

addressed as a matter o f priority by the relevant WTO bodies, which shall report to the Trade Negotiations Committee,

established under paragraph 39 below, by the end of 2002 for appropriate action.

Agriculture

13. We recognize the work already undertaken in the negotiations initiated in early 2000 under Article 20 of the Agreement

on Agriculture, including the large number of negotiating proposals submitted on behalf of a total of 121 Members. We recall

the long-term objective referred to in the Agreement to establish a fair and market-oriented trading system through a

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programme of fundamental reform encompassing strengthened rules and specific commitments on support and protection in

order to correct and prevent restrictions and distortions in world agricultural markets. We reconfirm our commitment to this

programme. Building on the work carried out to date, we commit ourselves to comprehensive negotiations aimed at:

substantial improvements in market access; reductions of, with a view to phasing out, all forms of export subsidies; and

substantial reductions in trade-distorting domestic support. We agree that special and differential treatment for developing

countries shall be an integ ral part of all elements of the negotiations and shall be embodied in the Schedules of concessions

and commitments and as appropriate in the rules and disciplines to be negotiated, so as to be operationally effective and to

enable developing countries to effectively take account of their development needs, including food security and rural

development. We take note of the non-trade concerns reflected in the negotiating proposals submitted by Members and

confirm that non-trade concerns will be taken into ac count in the negotiations as provided for in the Agreement on

Agriculture.

14. Modalities for the further commitments, including provisions for special and differential treatment, shall be established

no later than … . Participants shall submit their comprehensive draft Schedules based on these modalities no later than … .

The negotiations, including with respect to rules and disciplines and related legal texts, shall be concluded as part and at the

date of conclusion of the negotiating agenda as a whole.

rade concerns will be taken into ac

Services

15. The negotiations on trade in services shall be conducted with a view to promoting the economic growth of all trading

partners and the development of developing countries. We recognize the work already undertaken in the negotiations,

initiated in January 2000 under Article XIX of the General Agreement on Trade in Services, and the large number of

proposals submitted by Members on a wide range of sectors and several horizontal issues, as well as on movement of natural

persons. We r eaffirm the Guidelines and Procedures for the Negotiations adopted by the Council for Trade in Services on

28 March 2001 as the basis for continuing the negotiations, with a view to achieving the objectives of the General Agreement

on Trade in Services, as stipulated in the Preamble, Article IV and Article XIX of that Agreement. Participants shall submit

initial requests for specific commitments by … and initial offers by … .

l issues, as well as on movement of natural persons. We r

Market Access for Non-agricultural Products

16. We agree to negotiations which shall aim, by modalities to be agreed, to reduce or as appropriate eliminate tariffs,

including the reduction or elimination of tariff peaks, high tariffs, and tariff escalation, in particular on products of export

interest to developing countries, as well as non-tariff barriers. Product coverage shall be comprehensive and without

a priori

exclusions. The negotiations shall take fully into account the special needs and interests of developing and least-developed

country participants, in accordance with the relevant provisions of Article XXVIII

bis

of GATT 1994 and the provisions

cited in paragraph 43 below.

Trade-Related Aspects of Intellectual Property Rights

17. We stress the importance we attach to implementation and interpretation of the Agreement on Trade-Related Aspects of

Intellectual Property Rights (TRIPS Agreement) in a manner supportive of public health, by promoting both access to

existing medicines and research and development into new medicines and, in this connection, have adopted a separate

Declaration.

18. With a view to completing the work started in the Council for Trade-Related Aspects of Intellectual Property Rights

(Council for TRIPS) on the implementation of Article 23.4, we agree to negotiate the establishment of a multilateral system

of notification and registration of geographical indications for wines and spirits by the Fifth Session of the Ministerial

Conference. We note that issues related to the extension of the protection of geographical indications provided for i n

Article 23 to products other than wines and spirits will be addressed in the Council for TRIPS pursuant to paragraph 12 of

this Declaration.

19. We instruct the Council for TRIPS, in pursuing its work programme including under the review of Article 27.3(b), the

review of the implementation of the TRIPS Agreement under Article 71.1 and the work foreseen pursuant to paragraph 12

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of this Declaration, to examine,

inter alia,

the relationship between the TRIPS Agreement and the Convention on Biological

Diversity, the protection of traditional knowledge and folklore, and other relevant new developments raised by Membe rs

pursuant to Article 71.1. In undertaking this work, the TRIPS Council shall be guided by the objectives and principles set out

in Articles 7 and 8 of the TRIPS Agreement and shall take fully into account the development dimension.

Relationship between Trade and Investment

20. In the period until the Fifth Session of the Ministerial Conference, work will focus on the clarification of elements of a

possible multilateral framework to secure transparent, stable and predictable conditions for long-term cross-border

investment, particularly foreign direct investment, and to contribute to the expansion of trade. Core elements are: scope and

definition; transparency; non-discrimination; modalities for pre-establishment commitments based on a GATS-type, pos itive

list approach; development provisions; exceptions and safeguards; consultation and the settlement of disputes between

Members; and negotiating modalities, including the question of participation. The framework should reflect in a balanced

manner the interests of home and host countries, and take due account of the development policies and objectives of host

governments as well as their right to regulate in the public interest. The special development, trade and financial needs of

developing and least-developed countries should be taken into account as an integral part of the framework, which should

enable Members to undertake obligations and commitments commensurate with their individual needs and circumstances.

Due regard should be paid to other relevant WTO provisions. Account should be taken, as appropriate, of existing bilateral

and regional arrangements on investment. At the Fifth Session, a decision will be taken on modalities of negotiations in this

area. We commit ourselves to ensuring that appropriate arrangements are made for the provision of technical assistance and

capacity building throughout, and as an element of the outcome.

Interaction between Trade and Competition Policy

21. In the period until the Fifth Session of the Ministerial Conference, work will focus on the clarification of elements of a

possible multilateral framework aimed at enhancing the contribution of competition policy to international trade and

development. In this connection, the following elements will be addressed: core principles, including transparency, non-

discrimination and procedural fairness, and provisions on hardcore cartels; modalities for voluntary cooperation; support for

progressive reinforcement of competition institutions in developing countries through capacity building; and negotiating

modalities, including the question of participation. Full account shall be taken of the needs of developing and least-developed

country participants and appropriate flexibility provided to address them. At the Fifth Session, a decision will be taken on

modalities of negotiations in this area. We commit ourselves to ensuring that appropriate arrangements are made for the

provision of technical assistance and support for capacity building throughout, and as an element of the outcome.

Transparency in Government Procurement

22. We agree to negotiations on a multilateral agreement on transparency in government procurement, building on the

progress that has been made in the Working Group on Transparency in Government Procurement and taking into account

participants' development priorities, especially those of least-developed country participants. The negotiations shall be limited

to the transparency aspects and therefore will not restrict the scope for countries to give preferences to domestic supplies

and suppliers. Matters related to the nature of commitments and their implementation shall be addressed in the negotiations,

taking into account the situation of developing and least-developed country participants. In the case of developing and least-

developed countries, it is recognized that the implementation of the outcome shall be related to their capacities to implement

and the technical assistance provided. We commit ourselves to ensuring adequate technical assistance and support for

capacity building both during the negotiations and after their conclusion.

Trade Facilitation

23. With the aim of further expediting the movement, release and clearance of goods including goods in transit, we agree to

negotiations which shall build upon Articles V, VIII and X of the GATT 1994 by clarifying and improving elements of those

Articles, taking into account, as appropriate, existing WTO provisions on matters related to customs and other procedures

and formalities for goods trade. Matters related to the nature of any additional commitments and their implementation sha ll

be addressed in the negotiations, taking into account the situation of developing and least-developed country participants. In

the case of developing and least-developed countries, it is recognized that the implementation of the outcome shall be related

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to their capacities to implement and the technical assistance provided. We commit ourselves to ensuring adequate technical

assistance and support for capacity building both during the negotiations and after their conclusion.

WTO Rules

24. In the light of the increasing application of these instruments by Members, we agree to negotiations aimed at clarifying

and improving disciplines under the Agreements on Implementation of Article VI of the GATT 1994 and on Subsidies and

Countervailing Measures, while preserving the basic concepts and principles underlying them and taking into account the

needs of developing and least-developed participants. In the initial phase of the negotiations, participants will indicate the

provisions that they seek to clarify and improve. In the context of these negotiations, participants shall also aim to clarify and

improve WTO disciplines on fisheries subsidies, taking into account the importance of this sector to developing countries.

25. We also agree to negotiations aimed at clarifying and improving disciplines and procedures under the existing WTO

provisions applying to regional trade agreements. The negotiations shall take into account the developmental aspects of

regional trade agreements.

Dispute Settlement Understanding

26. We agree to negotiations on improvements and clarifications of the Dispute Settlement Understanding. The negotiations

should be based on the work done thus far as well as any additional proposals by Members, and aim to agree on

improvements and clarifications not later than May 2003, at which time we will take steps to ensure that the results enter into

force as soon as possible thereafter.

Trade and Environment

27. We instruct the Committee on Trade and Environment, in pursuing work on all items on its agenda within its current

terms of reference, to give particular attention to:

(i) the effect of environmental measures on market access and those situations in which the

elimination or reduction of trade restrictions and distortions would benefit trade, the environment

and development;

(ii) the relationship between the multilateral trading system and multilateral environment

agreements (MEAs);

(iii) the relevant provisions of the Agreement on Trade-Related Aspects of Intellectual Property

Rights; and

(iv) labelling.

Work on these issues should include the identification of any need to clarify relevant WTO rules. The Committee shall report

to the Fifth Session of the Ministerial Conference and make recommendations, where appropriate, with respect to future

action, including the desirability of negotiations.

Electronic Commerce

28. We take note of the work which has been done in the General Council and other relevant bodies since the Ministerial

Declaration of 20 May 1998 and agree to continue the Work Programme on Electronic Commerce. The work to date

demonstrates that electronic commerce creates new challenges and opportunities for trade for Members at all stages of

development, and we recognize the importance of creating and maintaining an environment which is favourable to the future

development of elect ronic commerce. We instruct the General Council to consider the most appropriate institutional

arrangements for handling the Work Programme, and to report on further progress to the Fifth Session of the Ministerial

Conference. We declare that Members will maintain their current practice of not imposing customs duties on electronic

transmissions until the Fifth Session.

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Small Economies

29. We agree to a work programme, under the auspices of the General Council, to examine issues relating to the trade of

small economies. The objective of this work is to frame responses to the trade-related issues identified for the fuller

integration of small, vulnerable economies into the multilateral trading system, and not to create a sub-category of WTO

Members. The General Council shall review the work programme and make recommendations for action to the Fifth Session

of the Mi nisterial Conference.

Trade, Debt and Finance

30. We agree to an examination, under the auspices of the General Council, of the relationship between trade, debt and

finance, and of any possible recommendations on steps that might be taken within the mandate and competence of the

WTO to enhance the capacity of the multilateral trading system to contribute to a durable solution to the problem of external

indebtedness of developing and least-developed countries, and to strengthen the coherence of international trade, financial

and mo netary policies, with a view to safeguarding the multilateral trading system from the effects of financial and monetary

instability. We instruct the General Council to consider the most appropriate institutional arrangements for handling this

work. The General Council shall report to the Fifth Session of the Ministerial Conference on progress in the examination.

Trade and Transfer of Technology

31. We agree to an examination, under the auspices of the General Council, of the relationship between trade and transfer of

technology, and of any possible recommendations on steps that might be taken within the mandate of the WTO to increase

flows of technology to developing countries. We instruct the General Council to consider the most appropriate institutional

arrangements for handling this work. The General Council shall report to the Fifth Session of the Ministerial Conference on

progress in the examination.

Technical Cooperation and Capacity Building

32. We confirm that technical cooperation and capacity building are core elements of the development dimension of the

multilateral trading system, and we welcome and endorse the New Strategy for WTO Technical Cooperation for Capacity

Building, Growth and Integration. We instruct the Secretariat, in coordination with other relevant agencies, to support

domestic efforts for mainstreaming trade into national plans for economic development and strategies for poverty reduction.

The delive ry of WTO technical assistance shall be designed to assist developing and least-developed countries to adjust to

WTO rules and disciplines, implement obligations and exercise the rights of membership, including drawing on the benefits

of an open, rules-based multilateral trading system. Priority shall also be accorded to small, vulnerable, and transition

economies, as well as to Members and Observers without representation in Geneva. We reaffirm our support for the

valuable work of the International Trade Centre, which should be enhanced.

33. We underscore the urgent necessity for the effective coordinated delivery of technical assistance with bilateral donors, in

the OECD Development Assistance Committee and relevant international and regional intergovernmental institutions,

within a coherent policy framework and timetable. In the coordinated delivery of technical assistance, we instruct the

Director-General to consult with the relevant agencies, bilateral donors and beneficiaries, to identify ways of enhancing and

ra tionalizing the Integrated Framework for Trade-Related Technical Assistance to Least-Developed Countries and the Joint

Integrated Technical Assistance Programme (JITAP).

34. We agree that there is a need for technical assistance to benefit from secure and predictable funding. We therefore

instruct the Committee on Budget, Finance and Administration to develop a plan for adoption by the General Council in

December 2001 that will ensure long-term funding for WTO technical assistance at an overall level no lower than that of the

current year and commensurate with the activities outlined above.

Least-Developed Countries

35. We acknowledge the seriousness of the concerns expressed by the least-developed countries (LDCs) in the Zanzibar

Declaration adopted by their Ministers in July 2001. We recognize that the integration of the LDCs into the trading system

requires combined and inter-related action at three levels, namely: market access, trade-related technical assistance and

capacity building, and supporting domestic measures to mainstream trade priority areas of action into plans for economic

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development and strategies for poverty reduction. We agree that the meaningful integration of LDCs into the trading system

and the global economy will involve efforts by all WTO Members. We commit ourselves to the objective of duty-free, quota-

free market access for products originating from LDCs. In this regard, we welcome the significant market access

improvements by WTO Members in advance of the Third UN Conference on LDCs (LDC-III), in Brussels, May 2001. We

further commit ourselves to consi der additional measures for progressive improvements in market access for LDCs.

Accession of LDCs remains a priority for the Membership. We agree to work to accelerate negotiations with acceding LDCs.

We instruct the Secretariat to reflect the priority we attach to LDCs' accessions in the annual plans for technical assistance.

We agree that the WTO should take into account, in designing its work programme for LDCs, the trade-related elements of

the Brussels Declaration and Programme of Actio n, consistent with the WTO's mandate, adopted at LDC-III. We instruct

the Sub-Committee for Least-Developed Countries to design such a work programme and to report on the agreed work

programme to the General Council at its first meeting in 2002.

36. We endorse the Integrated Framework for Trade-Related Technical Assistance to Least-Developed Countries (IF) as a

viable model for LDCs' trade development. We urge development partners to significantly increase contributions to the IF

Trust Fund and WTO extra-budgetary trust funds in favour of LDCs. We urge the core agencies, in coordination with

development partners, to explore the enhancement of the IF and the extension of the model to all LDCs, following the

review of t he IF and the appraisal of the ongoing Pilot Scheme in selected LDCs. We request the Director-General,

following coordination with heads of the other agencies, to provide an interim report to the General Council in December

2002 and a full report to the Fifth Session of the Ministerial Conference on all issues affecting LDCs.

Special and Differential Treatment

37. We reaffirm that provisions for special and differential treatment are an integral part of the WTO Agreements. We note

the concerns expressed regarding their operation in addressing specific constraints faced by developing countries, particularly

least-developed countries. In that connection, we also note that some Members have proposed a Framework Agreement on

Special and Differential Treatment (WT/GC/W/442). We therefore agree that all special and differential treatment provis

ions shall be reviewed with a view to strengthening them and making them more precise, effective and operational. In this

connection, we endorse the work programme on special and differential treatment set out in the Decision on

Implementation-Related Issues and Concerns.

ORGANIZATION AND MANAGEMENT OF THE WORK PROGRAMME

38. The negotiations to be pursued under the terms of this Declaration shall be concluded not later than … . The Fifth

Session of the Ministerial Conference will take stock of progress in the negotiations, provide any necessary political guidance,

and take decisions as necessary. When the results of the negotiations in all areas have been established, a Special Session of

the Ministerial Conference will be held to take decisions regarding the adoption and implementation of thos lts.

39. The overall conduct of the negotiations shall be supervised by a Trade Negotiations Committee under the authority of

the General Council. The Trade Negotiations Committee shall hold its first meeting not later than … . It shall establish

appropriate negotiating mechanisms as required and supervise the progress of the negotiations.

n of the Ministerial Conference will be held to take decisions regarding the adoption and implementation of thos

40. With the exception of the improvements and clarifications of the Dispute Settlement Understanding, the conduct,

conclusion and entry into force of the outcome of the negotiations shall be treated as parts of a single undertaking. However,

agreements reached at an early stage may be implemented on a provisional or a definitive basis. Early agreements shall be

taken into account in assessing the overall balance of the negotiations.

41. Negotiations shall be open to:

(i) all Members of the WTO; and

(ii) States and separate customs territories currently in the process of accession and those that

inform Members, at a regular meeting of the General Council, of their intention to negotiate the

terms of their membership and for whom an accession working party is established.

Decisions on the outcomes of the negotiations shall be taken only by WTO Members.

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42. The negotiations shall be conducted in a transparent manner among participants, in order to facilitate the effective

participation of all. They shall be conducted with a view to ensuring benefits to all participants and to achieving an overall

balance in the outcome of the negotiations.

43. The negotiations and the other aspects of the Work Programme shall take fully into account the principle of special and

differential treatment for developing and least-developed countries embodied in: Part IV of the GATT 1994; the Decision of

28 November 1979 on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing

Countries; the Uruguay Round Decision on Measures in Favour of Least-Developed Countries; and all other relevant WTO

pro visions.

44. The Committee on Trade and Development and the Committee on Trade and Environment shall, within their respective

mandates, each act as a forum to identify and debate developmental and environmental aspects of the negotiations, in order

to help achieve the objective of having sustainable development appropriately reflected.

45. Those elements of the Work Programme which do not involve negotiations are also accorded a high priority. They shall

be pursued under the overall supervision of the General Council, which shall report on progress to the Fifth Session of the

Ministerial Conference.

_________

JOB(01)/139/Rev.1

27 October 2001

Implementation-Related Issues and Concerns

Draft Decision

Revision

The attached revised draft Decision on implementation-related issues and concerns is submitted for the consideration of

delegations by the Chairman of the General Council and the Director-General. It takes into account the results of the work

of subsidiary bodies on the implementation issues referred to them as well as comments provided by delegations in further

consultations. The revised text is the product of a collective effort by all delegations to address implementation issues in

accordance with the terms of the 3 May 2000 Decision of the General Council. For ease of reference, this text follows the

numbering of the tirets used by the G-7 countries in their paper on implementation.

It is proposed that this draft Decision be considered by the General Council on 31 October 2001, when it resumes the

Special Session opened and adjourned on 3 October 2001.

Implementation-Related Issues and Concerns

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Draft Decision

The Ministerial Conference,

Having regard to

Articles IV.1, IV.2, IV.5, IX.1 and IX.2 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)

- Tiret 2

"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."

- Tiret 4

"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

- Tiret 5

"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."

- Tiret 7

"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."

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- Tiret 8

"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."

- Tariff Rate Quotas

"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

- Tirets 9 and 10

"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 introduct ion 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."

- Tiret 11

"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 liberalizat ion of trade should not be unnecessarily delayed."

- Tiret 12

"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."

- Tiret 15

"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."

- International standard setting organizations

"(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."

- Proposals by Least-Developed Countries

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"(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

"Recalling the Ministerial Declarations of Singapore and Geneva under which Members reaffirmed their commitment to full

and faithful implementation of the Agreement on Textiles and Clothing, the Ministerial Conference agrees:"

- Tirets 16 & 24

"that the provisions of the Agreement relating to the early integration of products and the

elimination of quota restrictions should be effectively utilised."

- Tirets 20, 21 & 25

"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; to extend the same treatment to least-developed countries; and, where possible, to eliminate

quota restrictions on imports of such Members."

- Tirets 17 & 22

"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."

- Tirets 18, 23, 26 & 27

"that Members will exercise particular consideration and restraint before initiating investigations in

the context of contingent trade remedies on textile and clothing exports from developing

countries."

- Tirets 19 & 29

"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."

5. Agreement on Technical Barriers to Trade

- Tirets 31&32

"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."

- Tiret 35

"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."

- International standard setting organizations

"(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

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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."

- Proposals by Least-Developed Countries

"(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

- Tiret 36

"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."

- Proposal by Least-Developed Countries

"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

- Tiret 41

"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."

- Tiret 45

"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 t his

provision."

- Tiret 49

"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 recommendat ions within 12

months, with a view to ensuring the maximum possible predictability and objectivity in the application of time frames."

- Tiret 55

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"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 th e 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

- Article 20.1

"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."

- Proposal by Least-Developed Countries

"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."

- Tiret 56

"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, including

furnishing, where possible, information on the 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

- Tiret 62

"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."

- Tiret 63

"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

- Tiret 67

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"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. 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, but

in any case not later than 1 January 2003. In this process, the Committee shall take into account

that 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."

- Tiret 69

"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 shall exercise due res traint with respect to challenging such measures."

- Tiret 80

"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."

- Tiret 82

"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."

- Proposal by Least-Developed Countries

"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

respe ct of a product in which it is export-competitive begins from the date export competitiveness

exists within the meaning of Article 27.6."

- Article 27.4

"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."

11. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

- Tiret 89

"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."

- Tiret 90

"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

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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

- Tiret 96

(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 decisi on 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."

- Tiret 97

"Reaffirms that preferences granted to developing countries pursuant to the Decision of the Contracting Parties

of 28 November 1979 ("Enabling Clause") should be generalised, non-reciprocal and non-discriminatory."

13. Outstanding Implementation Issues

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 32 to 36 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 region

al intergovernmental organisations so as to increase efficiency and synergies and avoid duplication of programmes.

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JOB(01)/155

27 October 2001

General Council

Preparations for the Fourth Session of the Ministerial Conference

Draft Declaration on Intellectual Property and [Access to Medicines] [Public Health]

Attached is a draft Ministerial Declaration on this subject that has been prepared by the Chairman of the General Council, in

cooperation with the Director-General, for transmission to the Fourth Session of the Ministerial Conference. This does not

purport to be an agreed text.

__________

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01-

General Council

Preparations for the Fourth Session of the Ministerial Conference

Draft Declaration on Intellectual Property and [Access to Medicines] [Public Health]

1. We recognize the gravity of the public health crises afflicting many developing and least-developed countries, especially

those resulting from HIV/AIDS and other pandemics.

2. We stress the need for the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement)

to be part of the wider national and international action to address these problems.

3. We recognize that intellectual property protection is important for the development of new medicines. We also recognize

the concerns about its effects on prices.

Option 1

[Nothing in the TRIPS Agreement shall prevent Members from taking measures to protect public health. Accordingly, while

reiterating our commitment to the TRIPS Agreement, we affirm that the Agreement shall be interpreted and implemented in

a manner supportive of WTO Members' right to protect public health and, in particular, to ensure access to medicines for all.

In this connection, we reaffirm the right of WTO Members to use, to the full, the provisions in the TRIPS Agreement which

provide flexibility for this purpose.]

Option 2

[We affirm a Member's ability to use, to the full, the provisions in the TRIPS Agreement which provide flexibility to address

public health crises such as HIV/AIDS and other pandemics, and to that end, that a Member is able to take measures

necessary to address these public health crises, in particular to secure affordable access to medicines. Further, we agree that

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this Declaration does not add to or diminish the rights and obligations of Members provided in the TRIPS Agreement. Wi th

a view to facilitating the use of this flexibility by providing greater certainty, we agree on the following clarifications.]

5. In applying the customary rules of interpretation of public international law, each provision of the TRIPS Agreement shall

be read in the light of the object and purpose of the Agreement as expressed, in particular, in its objectives and principles.

6. Each Member has the right to grant compulsory licences and the freedom to determine the grounds upon which such

licences are granted.

7. Each Member has the right to determine what constitutes a national emergency or other circumstances of extreme

urgency, it being understood that public health crises, including those relating to HIV/AIDS and other epidemics, can

represent a national emergency or other circumstances of extreme urgency.

8. We recognize that WTO Members with insufficient or no manufacturing capacities in the pharmaceutical sector could face

difficulties in making effective use of compulsory licensing under the TRIPS Agreement. We instruct the Council for TRIPS

to find an expeditious solution to this problem and to report to the General Council before the end of 2002.

9. The effect of the provisions in the TRIPS Agreement that are relevant to the exhaustion of intellectual property rights is to

leave each Member free to establish its own regime for such exhaustion, subject to the MFN and national treatment

provisions of Articles 3 and 4.

10. We agree that least-developed country Members will not be obliged to implement or apply Sections 5 and 7 of Part II of

the TRIPS Agreement or to enforce rights provided for under these Sections with respect to pharmaceutical products until 1

January 2016. We instruct the Council for TRIPS to take the necessary action to give this effect pursuant to Article 66.1 of

the TRIPS Agreement.

11. We agree that, for a period of five years from the date of this Declaration, the provisions of Articles XXII and XXIII of

GATT 1994 as elaborated and applied by the Understanding on Rules and Procedures Governing the Settlement of Disputes

and as incorporated in Article 64 of the TRIPS Agreement shall not be exercised with respect to any non-discriminatory

intellectual property law, regulation or other measure of a developing country Member in sub-Saharan Africa that improves

the access of affected populations in sub-Saharan Africa to patented pharmaceutical products used in the treatment of

HIV/AIDS and other pandemics.

_________