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DÉCIMA CONFERENCIA CONFERENCIA MINISTERIAL, NAIROBI 2015
Briefing note: °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ accessions
The package of rights and obligations that comprise the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ membership terms for Liberia and Afghanistan will be presented to ministers in Nairobi for a formal decision on the countries’ accessions to the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ. These formal decisions follow on from the decisions taken ad referendum by °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ members on the terms of Liberia’s (6 October) and Afghanistan’s (11 November) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ membership. Agreement by ministers in Nairobi will pave the way for two more least-developed countries (LDCs) to join the organization and will bring to nine the number of LDCs which have acceded to the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ since 1995.
Actualización: noviembre de 2015
ESTAS EXPLICACIONES se facilitan para ayudar al público a entender las actividades de la OMC. Si bien se ha hecho todo lo posible por que el contenido sea exacto, las explicaciones no afectan a las posiciones los gobiernos Miembros.
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Since the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ was created in 1995, the process of accession to the organization is spelled out in Article XII of the Marrakesh Agreement, the accord which established the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ. Terms of membership have to be agreed by the acceding government and °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ members.
Currently, 19 governments are negotiating their °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ accession. Six of these are LDCs (Bhutan, Comoros, Equatorial Guinea, Ethiopia, Sao Tomé & Principe and Sudan).
Thirty-six °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ members have negotiated their °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ entry since 1995. Out of the original 48 LDCs on the , 34 are °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ members. Nine of these have negotiated their membership terms since 1995.
Any state or customs territory having full autonomy to conduct its trade policies can apply for °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ membership. The process starts when the applicant government submits a formal written request for accession to the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Director-General. The General Council considers the request and, on the basis of consensus, establishes a Working Party — open to all °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ members — to examine the request.
The Working Party meets to examine all aspects of the applicant government’s trade and legal regime through questions posed by °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ members and replies by the applicant government.
Through multilateral and plurilateral negotiations, the Working Party determines the terms and conditions of entry for the applicant government. These include commitments to observe °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ rules and disciplines upon accession and transitional periods to make any legislative or structural changes where necessary to implement these commitments.
At the same time, the acceding government engages in bilateral negotiations with interested Working Party members on concessions and commitments on market access for goods and services.
The results of the multilateral, plurilateral and bilateral phases outlined aboveare consolidated and included inthe final “accession package”, containing:
- a report of the Working Party containing a summary of proceedings and conditions of entry and a “Protocol of Accession”
- “schedules” of market access commitments in goods and services agreed between the acceding government and °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ members.
The “accession package” is adoptedat a final formal meeting of the Working Party, before being presented to the General Council or the Ministerial Conference for adoption. Once this is completed, the Protocol of Accession goes through the domestic ratification procedures of the acceding government. Thirty days after having deposited the instrument of acceptance with the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Director-General, the acceding government becomes a °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ member.
Accession: This is the process ofbecoming a member of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ, and signing on to its agreements. New members have to negotiate terms bilaterally with individual °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ members and multilaterally to ensure (1) the results of the bilateral negotiations apply to all °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ members, and (2) required legislation and institutional reforms meet °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ obligations.
Ad referendum: For further consideration by a party or parties having the authority to make a final decision.
Working Party: Group of °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ members negotiating multilaterally with a country applying to join the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ.
Working Party report: Final document passed on to the General Council for approval, covering the applicant country’s commitments on opening its markets and on applying °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ rules.
Protocol of Accession: Document to be ratified by the competent authority of the acceding government, usually the Parliament. It confirms the acceding government’s °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ membership terms.
Instrument of Acceptance: Document in which the acceding government declares that the Protocol of Accession has been ratified by the competent national authority. Once it is signed and deposited with the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Director-General, the acceding government becomes a °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ member after 30 days.
Plurilateral: In the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ, involving some members. See “multilateral”.
General Council: The °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ’s highest-level decision-making body in Geneva, meeting regularly to carry out the functions of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ. It has representatives (usually ambassadors or equivalent) from all °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ members and has the authority to act on behalf of the Ministerial Conference which only meets about every two years.
Ministerial Conference: The top decision-making °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ body. It meets about every two years at the level of ministers in any city of a °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ member.