26 November 2005
DOHA WORK PROGRAMME: PREPARATIONS FOR THE SIXTH SESSION OF THE MINISTERIAL CONFERENCE
Draft Ministerial Text
In line with the procedure set out at the General Council meeting in October and the meetings of the TNC in September and October, the attached draft text is being presented by the Chairman of the General Council and the Director-General for Members’ consideration, with the following observations.
> The Sixth °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Ministerial Conference
Other °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Ministerials:
> °ä²¹²Ô³¦ún
10–14&²Ô²ú²õ±è;³§±ð±è³Ù.&²Ô²ú²õ±è;2003
>
Doha 9–14&²Ô²ú²õ±è;±·´Ç±¹.&²Ô²ú²õ±è;2001
>
Seattle 30&²Ô²ú²õ±è;±·´Ç±¹.–3&²Ô²ú²õ±è;¶Ù±ð³¦.&²Ô²ú²õ±è;1999
> Geneva
18 & 20 May 1998
> Singapore
9–13&²Ô²ú²õ±è;¶Ù±ð³¦.&²Ô²ú²õ±è;1996
It should be emphasized that this draft text does not purport to represent agreement overall, and it is without prejudice to any delegation's position on any issue. It draws on and incorporates much work done by the Chairs of the negotiating bodies and other °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ bodies. Their consultations have in many cases produced inputs for the present draft which are either fully agreed by Members or reflect a high level of convergence. In other areas, the text reflects a lower level of convergence. In some areas where important substantive differences persist, this draft attaches a report by the relevant Chair, on his own responsibility, setting out the present situation as he sees it.
The attached text is a first draft. Any possible revision of it will depend upon further progress towards convergence among Members, with whom we shall be consulting intensively in the very limited time remaining before the General Council considers the text it will send to Hong Kong.
In carrying out these further consultations, we shall continue to be guided by the principles of consensus-building and working in a “bottom-up” way.
We urge Members to approach this draft text in a constructive spirit and with respect for the positions of others. We will continue to work with you all to facilitate agreement in the short time ahead of us.
Draft Ministerial Text
1. We reaffirm the Declarations and Decisions we adopted at Doha and our full commitment to give effect to them. We emphasize the central importance of the development dimension in every aspect of the Doha Work Programme and recommit ourselves to making it a meaningful reality, in terms both of the results of the negotiations on market access and rule-making and of the specific development-related issues set out below. We renew our resolve to complete the Doha Work Programme fully and to conclude the negotiations launched at Doha successfully in 2006.
2. In pursuance of these objectives, and taking into account the Decision adopted by the General Council on 1 August 2004, we agree as follows:
Agriculture negotiations |
3. We reaffirm our commitment to the mandate on agriculture as set out in paragraph 13 of the Doha Ministerial Declaration and to the Framework adopted by the General Council on 1 August 2004. We welcome the progress made by the Special Session of the Committee on Agriculture since 2004, but note that much remains to be done in order to establish modalities and to conclude the negotiations. We take note of the report by the Chairman of the Special Session, attached in Annex A to this document, and agree to intensify work to fulfil the Doha objectives. In particular, we are resolved to establish modalities no later than [...] and to submit comprehensive draft Schedules based on these modalities no later than [...]. |
Cotton |
4. We recall the Decision adopted by the General Council on 1 August 2004 to address cotton ambitiously, expeditiously and specifically, within the agriculture negotiations in relation to all trade-distorting policies affecting the sector in all three pillars of market access, domestic support and export competition, as specified in the Doha text and the July 2004 Framework text. We note the work already undertaken in the Sub-Committee on Cotton and the proposals made with regard to this matter. We reaffirm our commitment to ensure prioritization of the cotton issue and to establish modalities which are in full conformity with the terms of the August 2004 Decision. 5. With regard to the development assistance aspects of cotton, we welcome the Consultative Framework process initiated by the Director-General to implement the decisions on these aspects pursuant to paragraph 1.b of the General Council Decision of 1 August 2004. We take note of his Periodic Reports and the positive evolution of development assistance noted therein. We urge the Director-General to further intensify his consultative efforts with bilateral donors and with multilateral institutions, with emphasis on improved coherence, coordination and enhanced implementation. We urge the development community to further scale up its cotton-specific assistance and to support the efforts of the Director-General. We welcome the domestic reform efforts by the cotton proponents aimed at enhancing productivity and efficiency, and encourage them to deepen this process. We reaffirm the complementarity of the trade policy and development assistance aspects of cotton. We invite the Director-General to furnish a third Periodic Report to our next Session with updates, at appropriate intervals in the meantime, to the General Council, while keeping the Sub-Committee on Cotton fully informed of progress. |
NAMA negotiations |
6. We reaffirm our commitment to the mandate for negotiations on market access for non-agricultural products as set out in paragraph 16 of the Doha Ministerial Declaration and to the Framework adopted by the General Council on 1 August 2004. We welcome the progress made by the Negotiating Group on Market Access since 2004, but note that much remains to be done in order to establish modalities and to conclude the negotiations. We take note of the report by the Chairman of the Negotiating Group, attached in Annex B to this document, and agree to intensify work to fulfil the Doha objectives. In particular, we are resolved to establish modalities no later than [...] and to submit comprehensive draft Schedules based on these modalities no later than [...]. |
Services negotiations
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7. The negotiations on trade in services shall proceed to their conclusion with a view to promoting the economic growth of all trading partners and the development of developing and least-developed countries (LDCs), and with due respect for the right of Members to regulate. In this regard, we recall and reaffirm the objectives and principles stipulated in the GATS, the Doha Ministerial Declaration, the Guidelines and Procedures for the Negotiations on Trade in Services adopted by the Special Session of the Council for Trade in Services on 28 March 2001, as well as Annex C of the Decision adopted by the General Council on 1 August 2004. 8. We urge all Members to participate actively in these negotiations towards achieving a progressively higher level of liberalization of trade in services, with appropriate flexibility for individual developing countries as provided for in Article XIX of the GATS. Negotiations shall have regard to the size of economies of individual Members. We recognize the particular economic situation of LDCs, including the difficulties they face, and acknowledge that they are not expected to undertake new commitments. We recognize the special situation of recently-acceded Members who have undertaken extensive market access commitments at the time of accession. This situation will be taken into account in the negotiations. 9. We are determined to intensify the negotiations in accordance with the above principles and the Objectives, Approaches and Timelines set out in Annex C to this document with a view to expanding the sectoral and modal coverage of commitments and improving their quality. In this regard, particular attention will be given to sectors and modes of supply of export interest to developing countries. |
Rules negotiations
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10. We recall the mandates in paragraphs 28 and 29 of the Doha Ministerial Declaration and reaffirm our commitment to the negotiations on rules, as we set forth in Annex D to this document. |
TRIPS negotiations
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11. We take note of the report of the Chairman of the Special Session of the Council for TRIPS setting out the progress in the negotiations on the establishment of a multilateral system of notification and registration of geographical indications for wines and spirits, as mandated in Article 23.4 of the TRIPS Agreement and paragraph 18 of the Doha Ministerial Declaration, contained in document , and agree to intensify these negotiations in order to complete them within the overall time-frame for the conclusion of the negotiations that were foreseen in the Doha Ministerial Declaration. |
Environment negotiations
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12. We reaffirm the mandate in paragraph 31 of the Doha Ministerial Declaration aimed at enhancing the mutual supportiveness of trade and environment and welcome the significant work undertaken in the Committee on Trade and Environment (CTE) in Special Session. We instruct Members to intensify the negotiations, without prejudging their outcome, on all parts of paragraph 31 to fulfil the mandate. 13. We recognize the progress in the work under paragraph 31(i) based on Members' submissions on the relationship between existing °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ rules and specific trade obligations set out in multilateral environmental agreements (MEAs). We further recognize the work undertaken under paragraph 31(ii) towards developing effective procedures for regular information exchange between MEA Secretariats and the relevant °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ committees, and criteria for the granting of observer status. 14. We recognize that recently more work has been carried out under paragraph 31(iii) through numerous submissions by Members and discussions in the CTE in Special Session, including technical discussions, which were also held in informal information exchange sessions without prejudice to Members' positions. We instruct Members to [continue the work under paragraph 31(iii) by developing a common understanding of the different approaches to the negotiations with the objective of reducing or, as appropriate, eliminating tariff and non tariff barriers to environmental goods and services, in a manner that enhances the mutual supportiveness of trade and environment and takes fully into account the interests of developing-country Members] [complete by [...] 2006 the work under paragraph 31(iii) by identifying environmental goods for the reduction or, as appropriate, elimination of tariff and non tariff barriers in this area]. |
Trade Facilitation negotiations |
15. We recall and reaffirm the mandate and modalities for negotiations on Trade Facilitation contained in Annex D of the Decision adopted by the General Council on 1 August 2004. We note with appreciation the report of the Negotiating Group, attached in Annex E to this document, and the comments made by our delegations on that report as reflected in document TN/TF/M/11. We endorse the recommendations contained in paragraphs 3, 4, 5, 6 and 7 of the report. |
DSU negotiations |
16. We take note of the progress made in the Dispute Settlement Understanding negotiations as reflected in the report by the Chairman of the Special Session of the Dispute Settlement Body to the Trade Negotiations Committee (TNC) and direct the Special Session to continue to work towards a rapid conclusion of the negotiations. |
S&D treatment |
17. We reaffirm that provisions for special and differential (S&D) treatment are an integral part of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreements. We renew our determination to fulfil the mandate contained in paragraph 44 of the Doha Ministerial Declaration and in the 1 August 2004 Decision of the General Council, that all S&D treatment provisions be reviewed with a view to strengthening them and making them more precise, effective and operational. 18. We take note of the work done on the Agreement-specific proposals, especially the five LDC proposals. [We agree to adopt the decisions contained in Annex F to this document]. However, we also recognise that substantial work still remains to be done. We commit ourselves to address the development interests and concerns of developing countries, especially the LDCs, in the multilateral trading system, and we recommit ourselves to complete the task we set ourselves at Doha . We accordingly instruct the Committee on Trade and Development in Special Session to expeditiously complete the review of all the outstanding Agreement-specific proposals [,with priority on the LDC proposals,] and report to the General Council, with clear recommendations for a decision, by [...]. 19. We are concerned at the lack of progress on the Category II proposals that had been referred to other °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ bodies and negotiating groups. We instruct these bodies to expeditiously complete the consideration of these proposals and report periodically to the General Council, with the objective of ensuring that clear recommendations for a decision are made no later than [...]. We also instruct the Special Session to continue to coordinate its efforts with these bodies, so as to ensure that this work is completed on time. 20. We further instruct the Special Session, within the parameters of the Doha mandate, to resume work on all other outstanding issues, including on the cross-cutting issues, the monitoring mechanism, and the incorporation of S&D treatment into the architecture of °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ rules, and report on a regular basis to the General Council. |
Implementation |
21. We reiterate the instruction in the General Council Decision of 1 August 2004 to the TNC, negotiating bodies and other °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ bodies concerned to redouble their efforts to find appropriate solutions as a priority to outstanding implementation-related issues. We take note of the work undertaken by the Director-General in his consultative process on all outstanding implementation issues under paragraph 12(b) of the Doha Ministerial Declaration, including on issues related to the extension of the protection of geographical indications provided for in Article 23 of the TRIPS Agreement to products other than wines and spirits and those related to the relationship between the TRIPS Agreement and the Convention on Biological Diversity . We request the Director-General, without prejudice to the positions of Members, to continue with his consultative process on all outstanding implementation issues under paragraph 12(b), if need be by appointing Chairpersons of concerned °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ bodies as his Friends and/or by holding dedicated consultations. The Director-General shall report to each regular meeting of the TNC and the General Council. The Council shall review progress and take any appropriate action no later than [...]. |
TRIPS & Public Health
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22. [Text to be inserted following meeting of TRIPS Council on 29 November] |
Small Economies |
23. We reaffirm our commitment to the Work Programme on Small Economies and urge Members to adopt specific measures that would facilitate the fuller integration of small, vulnerable economies into the multilateral trading system, without creating a sub-category of °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Members. We take note of the report of the Committee on Trade and Development in Dedicated Session on the Work Programme on Small Economies to the General Council and agree to the recommendations on future work. We instruct the Committee on Trade and Development, under the overall responsibility of the General Council, to continue the work in the Dedicated Session and to monitor progress of the small economies' proposals in the negotiating and other bodies, with the aim of providing responses to the trade-related issues of small economies as soon as possible but no later than [31 December 2006]. We instruct the General Council to report on progress and action taken, together with any further recommendations as appropriate, to our next Session. |
Trade, Debt & Finance |
24. We take note of the report transmitted by the General Council on the work undertaken and progress made in the examination of the relationship between trade, debt and finance and on the consideration of any possible recommendations on steps that might be taken within the mandate and competence of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ as provided in paragraph 36 of the Doha Ministerial Declaration and agree that, building on the work carried out to date, this work shall continue on the basis of the Doha mandate. We instruct the General Council to report further to our next Session. |
Trade & Transfer of Technology |
25. We take note of the report transmitted by the General Council on the work undertaken and progress made in the examination of the relationship between trade and transfer of technology and on the consideration of any possible recommendations on steps that might be taken within the mandate of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ to increase flows of technology to developing countries. Recognizing the relevance of the relationship between trade and transfer of technology to the development dimension of the Doha Work Programme and building on the work carried out to date, we agree that this work shall continue on the basis of the mandate contained in paragraph 37 of the Doha Ministerial Declaration. We instruct the General Council to report further to our next Session. |
TRIPS non-violation and situation complaints |
26. We take note of the work done by the Council for Trade-Related Aspects of Intellectual Property Rights pursuant to paragraph 11.1 of the Doha Decision on Implementation-Related Issues and Concerns and paragraph 1.h of the General Council Decision of 1 August 2004, and [direct it 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 our next Session. It is agreed that, in the meantime, Members will not initiate such complaints under the TRIPS Agreement]. |
E-commerce |
27. We take note of the reports from the General Council and subsidiary bodies on the Work Programme on Electronic Commerce, and that the examination of issues under the Work Programme is not yet complete. We [agree to reinvigorate that work, including the development-related issues under the Work Programme and discussions on the trade treatment, inter alia, of electronically delivered software. We agree to maintain the current institutional arrangements for the Work Programme. We declare that Members will maintain their current practice of not imposing customs duties on electronic transmissions until our next Session]. |
LDCs |
28. We reaffirm our commitment to effectively and meaningfully integrate LDCs into the multilateral trading system and shall continue to implement the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Work Programme for LDCs adopted in February 2002. We acknowledge the seriousness of the concerns and interests of the LDCs in the negotiations as expressed in the Livingstone Declaration, adopted by their Ministers in June 2005. We take note that issues of interest to LDCs are being addressed in all areas of negotiations and we welcome the progress made since the Doha Ministerial Declaration as reflected in the Decision adopted by the General Council on 1 August 2004. Building upon our commitment in the Doha Ministerial Declaration, we agree to fully implement duty-free and quota-free market access for products originating from LDCs by the end of the Round in a manner that ensures security and predictability. Furthermore, in accordance with our commitment in the Doha Ministerial Declaration, Members shall take additional measures to provide effective market access, both at the border and otherwise, including simplified and transparent rules of origin so as to facilitate exports from LDCs. In the services negotiations, Members shall implement the LDC modalities and give priority to the sectors and modes of supply of export interest to LDCs, particularly with regard to movement of service providers under Mode 4. We agree to facilitate and accelerate negotiations with acceding LDCs based on the accession guidelines adopted by the General Council in December 2002. We commit to continue giving our attention and priority to concluding the ongoing accession proceedings as rapidly as possible. [We welcome the decision by the TRIPS Council to extend the transition period under Article 66.1 of the TRIPS Agreement.] We reaffirm our commitment to enhance effective trade-related technical assistance and capacity building to LDCs on a priority basis in helping to overcome their limited human and institutional trade-related capacity to enable LDCs to maximise the benefits resulting from the Doha Development Agenda (DDA). |
Integrated Framework |
29. We continue to attach high priority to the effective implementation of the Integrated Framework (IF) and reiterate our endorsement of the IF as a viable instrument for LDCs' trade development, building on its principles of country ownership and partnership. We reaffirm our commitment made at Doha, and recognize the urgent need to make the IF more effective and timely in addressing the trade-related development needs of LDCs. We highlight the importance of contributing to reducing their supply side constraints. 30. In this regard, we are encouraged by the endorsement by the Development Committee of the World Bank and International Monetary Fund (IMF) at its autumn 2005 meeting of an enhanced IF. We welcome the establishment of a Task Force by the Integrated Framework Working Group as endorsed by the IF Steering Committee (IFSC) as well as an agreement on the three elements which together constitute an enhanced IF. The Task Force, composed of donor and LDC members, will provide recommendations to the IFSC by April 2006. The enhanced IF shall enter into force no later than 31 December 2006. 31. We agree that the Task Force, in line with its Mandate and based on the three elements agreed to, shall provide recommendations on how the implementation of the IF can be improved, inter alia, by considering ways to:
32. We welcome the increased commitment already expressed by some Members in the run-up to, and during, this Session. We urge other development partners to significantly increase their contribution to the IF Trust Fund. We also urge the six IF core agencies to continue to cooperate closely in the implementation of the IF, to increase their investments in this initiative and to intensify their assistance in trade-related infrastructure, private sector development and institution building to help LDCs expand and diversify their export base. |
Technical Cooperation |
33. We note with satisfaction the substantial increase in trade-related technical assistance since our Fourth Session, which reflects the enhanced commitment of Members to address the increased demand for technical assistance, through both bilateral and multilateral programmes. We note the progress made in the current approach to planning and implementation of °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ's programmes, as embodied in the Technical Assistance and Training Plans adopted by Members, as well as the improved quality of those programmes. We note that a strategic review of °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ's technical assistance is to be carried out by Members, and expect that in future planning and implementation of training and technical assistance, the conclusions and recommendations of the review will be taken into account, as appropriate. 34. We reaffirm the priorities established in paragraph 38 of the Doha Ministerial Declaration for the delivery of technical assistance and urge the Director-General to ensure that programmes focus accordingly on the needs of beneficiary countries and reflect the priorities and mandates adopted by Members. We endorse the application of appropriate needs assessment mechanisms and support the efforts to enhance ownership by beneficiaries, in order to ensure the sustainability of trade-related capacity building. We invite the Director-General to reinforce the partnerships and coordination with other agencies and regional bodies in the design and implementation of technical assistance programmes, so that all dimensions of trade-related capacity building are addressed, in a manner coherent with the programmes of other providers. In order to continue progress in the effective and timely delivery of trade-related capacity building, in line with the priority Members attach to it, the relevant structures of the Secretariat should be strengthened and its resources enhanced. We reaffirm our commitment to ensure secure and adequate levels of funding for trade-related capacity building, including in the Doha Development Agenda Global Trust Fund, to conclude the Doha Work Programme and implement its results. |
Commodity Issues
|
35. We recognize the dependence of several developing and least-developed countries on the export of commodities and the problems they face because of the adverse impact of the long-term decline and sharp fluctuation in the prices of these commodities. We take note of the work undertaken in the Committee on Trade and Development on commodity issues, and instruct the Committee, within its mandate, to intensify its work in cooperation with other relevant international organizations and report regularly to the General Council with possible recommendations. We agree that the particular trade-related concerns of developing and least-developed countries related to commodities shall also be addressed in the course of the agriculture and NAMA negotiations. We further acknowledge that these countries may need support and technical assistance to overcome the particular problems they face, and urge Members and relevant international organizations to consider favourably requests by these countries for support and assistance. |
Coherence |
36. A successful conclusion to the Doha Round, particularly in areas of interest to developing countries and LDCs, will allow the multilateral trading system to make a further, substantial contribution to greater coherence in international economic policy-making with the aim, inter alia, of promoting stronger growth and sustainable development. For developing countries and LDCs, rules-based multilateral trade liberalisation is a crucial complement to international financial initiatives — increased Official Development Assistance and debt relief — that have advanced this year. We welcome the Director-General's actions to strengthen the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ's cooperation with the IMF and the World Bank in the context of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ's Marrakesh mandate on Coherence, and invite him to continue to work closely with the General Council in this area. We value the General Council meetings that are held with the participation of the heads of the IMF and the World Bank to advance our Coherence mandate. We agree to continue building on that experience and expand the debate on international trade and development policymaking and inter-agency cooperation with the participation of relevant UN agencies. In that regard, we note the discussions taking place in the Working Group on Trade, Debt and Finance on, inter alia, the issue of Coherence, and look forward to any possible recommendations it may make on steps that might be taken within the mandate and competence of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ on this issue. |
Aid for Trade |
37. We welcome the discussions of Finance and Development Ministers in various fora, including the IMF and the World Bank Development Committee, that have taken place this year on expanding Aid for Trade. Aid for Trade should aim to help developing countries, particularly LDCs, to build the supply-side capacity and trade-related infrastructure that they need to assist them to implement and benefit from °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreements and more broadly to expand their trade. Aid for Trade cannot be a substitute for the development benefits that will result from an ambitious conclusion to the DDA, particularly on market access. However, it can be a valuable complement to the DDA. We invite the General Council to convene a meeting before July 2006 dedicated to considering how Aid for Trade might contribute most effectively to a successful and ambitious conclusion to the DDA. We also invite the Director-General to consult with Members as well as with the IMF and World Bank, relevant international organisations and the regional development banks with a view to reporting to the General Council on appropriate mechanisms to secure additional financial resources for Aid for Trade, where appropriate on concessional terms. |
Accessions |
38. We reaffirm our strong commitment to making the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ truly global in scope and membership. We welcome those new Members who have completed their accession processes since our last Session, namely Nepal, Cambodia and Saudi Arabia. [We note with satisfaction that Tonga has completed its accession negotiations to the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ]. These accessions further strengthen the rules-based multilateral trading system. We continue to attach priority to the [30] ongoing accessions with a view to concluding them as rapidly and smoothly as possible. We stress the importance of facilitating and accelerating the accession negotiations of least-developed countries, taking due account of the guidelines on LDC accession adopted by the General Council in December 2002. |
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