《世贸组织2005年年报》（英文版）

WTO activities PART I This chapter provides an outline of the main activities of the Wto during 2004 I. The Doha Development Agenda(DDA) The Fourth WTo Ministerial Conference was held in Doha, Qatar, from 9 to 14 November 2001. Ministers adopted a Ministerial Declaration setting out a broad work programme for the WTo for the coming years. This work programme, called the Doha Development Agenda, incorporates both expanded negotiations-going beyond the mandated negotiations in agriculture and services which started in 2000-as well as other activities and decisions designed to address the challenges facing the trading system and interest of the diverse membership of the WTO Ministers also adopted a Dedision on Implementation-Related Issues and Concerns which represented a significant and credible effort to address the concerns of developing countries regarding their experience with the implementation and operation of existing WTO Agreements, and to facilitate their active participation in the WTo and fuller integration into the multilateral trading system. Under the Decision, Ministers took immediate action to address a number of the concems raised by developing-country Members and agreed that remaining implementation issues would be addressed in the course of the future work programme of the assistance should focus, as a matter of priority, on assisting developing countries in this are A Declaration on the TRIPS Agreement and Public Health was also adopted by Ministers, in response to the concerns expressed about the possible implications of the TRIPs Agreebould access to drugs. The Declaration emphasizes that the tRiPS agreement does not and should not prevent Members from taking measures to protect public health and reaffirms the right of Members to use to the full the provisions of the TRIPS Agreement which provide flexibility for this purpose. It makes dear that the TRIPS Agreement should be interpreted and implemented in a manner supportive of WTo Members'right to protect public health. The Dedaration includes a number of important clarifications of some of the forms of flexibility available in the Agreement, in particular compulsory licensing and parallel importation. In addition, it provides for an extension until 2016 of the transition period for least-developed countries in regard to the protection and enforcement of patents and undisclosed information with respect to pharmaceutical products 6 The negotiations to be pursued under the Doha Declaration were to be conduded no than 1 January 2005. Negotiations on the Dispute Settlement Understanding were to be concluded no later than May 2003, and those on a multilateral register of geographical indications for wines and spirits, by the Fifth Ministerial Conference in 2003. Progress was to be reviewed at the Fifth Ministerial Conference in Cancun, Mexico, from 10-14 September 2003 he negotiations take place in a Trade Negotiations Committee which was set up by the Doha Declaration, which in turn assigned it to create subsidiary negotiating bodies to handle individual negotiating subjects. The Trade Negotiations Committee(TNC)operates under the authority of the General Council. Other work under the work programme takes place in other Wto councils and committees In a Decision on the Doha Work Programme adopted in July 2004, the General Council agreed to continue the negotiations launched at Doha beyond the timeframe set out in paragraph 45 of the Doha Dedaration, leading to the Sixth Session of the Ministerial Conference to be held in Hong Kong, China from 13-18 December 2005(see under the lowing section). The General Council also agreed that negotiations on the Dispute Settlement Understanding would continue on the basis set out by the Chairman of those negotiations in his report to the Trade Negotiations Committee in June 2004. It was further agreed that the General Council and other relevant bodies would report in line with their Doha mandates to the Hong Kong Ministerial Conference, and also that the moratoria in the Doha Decision on Implementation-related Issues and Concerns, and in the Doha Decaration, would tended until that conference

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Work of the General Council on the Doha Development Agenda Follow-up to the Fifth Session of the Ministerial Conference At the Cancun Ministerial Conference in September 2003, WTO Ministers instructed that their officials continue working on outstanding issues, and that this work be coordinated by the General Council Chairman, in close cooperation with the Director-General, with the aim of taking the action necessary by December 2003 to enable Members to move towards a successful and timely conclusion of the negotiations. Ministers also undertook to maintain the high level of convergence on texts in those areas where this had been reached As part of specific action to follow up on Ministers directives, Members agreed in iscussions organized soon after Cancun by the Chairman of the General Council and rector-General that initial work would focus on four key outstanding issues which emerged as important concerns and key elements in further progress-Agriculture, Cotton, lon-Agricultural Market Access and the"Singapore"issues-with the understanding that this focus would not in any way lessen the importance of the other issues within the Doha Development Agenda On this basis, the Chairman of the General Council, in close cooperation with the Director-General, conducted a series of intensive consultations with Member Governments, both in Geneva as well as in capitals, with a view to moving the process forward, focussing on these key outstanding issues. In their report to the General Council in December 2003, the Chairman and the Director-General identified key issues for further work in each of the four areas, stressing once again that the initial focus on these four areas in no way lessened the importance of the other issues within the doha Development Agenda, in particular of the specific development-related issues within the DDA, which would need full attention in 2004 in line with the Doha mandates Regarding further work on these and other issues under the DDA, their report recommended that all of the dda bodies should resume their work early in 2004 to build on the elements that had emerged at and since Cancun, and that the tn should be reactivated to carry out its Doha mandate to supervise the progress and overall conduct of the negotiations. The next Council 3 Chairman, together with the Director-General, would continue to maintain oversight of those2 aspects of the dda which fell outside the tNc's mandate Accordingly, in 2004, Members restarted work across the whole breadth of the DDa in line with the doha mandates and the council chairs statement in december 2003 duding on a number of specific development-related issues. There also emerged a widely. g shared understanding in early 2004 that work under the Dda in the first half of the year should result in an outcome by the end of july that would unlock key issues and provide momentum and direction to guide Members work across all fronts after July. The basic remise that emerged through numerous consultations was that the task was to take the action necessary, at the level of the General Council, to ensure continued progress of the negotiations and the work programme as a whole Substantive elements for the so-called July package began to emerge from work on substantive issues undertaken in the TNC and relevant negotiating groups, as well consultations conducted by the Chairman of the General Council on the handling of the"Singapore"issues-trade facilitation, transparency in govemment procurement, interaction between trade and competition policy, and relationship between trade and investment- in the work programme On the basis of the work undertaken in the relevant negotiating groups and by their Chairs acting as Facilitators, as well as intensive consultations undertaken by the genera Council Chairman and Director-General on issues that could be progressed through such consultations, a first overall draft text of the July package was put to Members for consideration on 16 July as a platform for further, more intensive work through to the end of July. Following the circulation of this first text, the Chairman and Director-General arranged a further process of consultations in order to facilitate Members efforts to resolve outstanding issues and move towards agreement on a final text, leading up to a General Council meeting at the end of July. In the lead-up to this General Council meeting, WTO Ministers also met stages of the discussions in Geneva.gs intensively in various formats and groupings around the world, including at the concluding At the end of July, following two weeks of intense negotiations, Members finally fulfilled the goal of taking the necessary decisions on key issues to ensure continued progress of the negotiations, and to put the dDa back on track. In the Decision of the General Council, framework agreements were put in place for the negotiations on agriculture -indluding cotton-and non-agricultural market access. Members also agreed to a package on development issues, and took a decision to begin negotiations on trade facilitation and that he other three "Singapore" issues would not be negotiated during this Round. Members further agreed to continue the negotiations beyond the timeframe of 1 January 2005 set in he doha ministerial Declaration and that the next ministerial Conference would be held in Hong Kong, China in December 2005. The Decision demonstrated Members'commitment

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SHOULD￾RESULT￾IN￾AN￾OUTCOME￾BY￾THE￾END￾OF￾*ULY￾THAT￾WOULD￾UNLOCK￾KEY￾ISSUES￾AND￾PROVIDE￾ MOMENTUM￾AND￾DIRECTION￾TO￾GUIDE￾-EMBERS￾WORK￾ACROSS￾ALL￾FRONTS￾AFTER￾*ULY￾4HE￾BASIC￾ PREMISE￾THAT￾EMERGED￾THROUGH￾NUMEROUS￾CONSULTATIONS￾WAS￾THAT￾THE￾TASK￾WAS￾TO￾TAKE￾THE￾ ACTION￾NECESSARY￾AT￾THE￾LEVEL￾OF￾THE￾'ENERAL￾#OUNCIL￾TO￾ENSURE￾CONTINUED￾PROGRESS￾OF￾THE￾ NEGOTIATIONS￾AND￾THE￾WORK￾PROGRAMME￾AS￾A￾WHOLE￾3UBSTANTIVE￾ELEMENTS￾FOR￾THE￾SO CALLED￾ *ULY￾PACKAGE￾BEGAN￾TO￾EMERGE￾FROM￾WORK￾ON￾SUBSTANTIVE￾ISSUES￾UNDERTAKEN￾IN￾THE￾4.#￾AND￾ RELEVANT￾NEGOTIATING￾GROUPS￾AS￾WELL￾CONSULTATIONS￾CONDUCTED￾BY￾THE￾#HAIRMAN￾OF￾THE￾'ENERAL￾ #OUNCIL￾ON￾THE￾HANDLING￾OF￾THE￾3INGAPORE￾ISSUES￾n￾TRADE￾FACILITATION￾TRANSPARENCY￾IN￾ GOVERNMENT￾PROCUREMENT￾INTERACTION￾BETWEEN￾TRADE￾AND￾COMPETITION￾POLICY￾AND￾RELATIONSHIP￾ BETWEEN￾TRADE￾AND￾INVESTMENT￾n￾IN￾THE￾WORK￾PROGRAMME /N￾THE￾BASIS￾OF￾THE￾WORK￾UNDERTAKEN￾IN￾THE￾RELEVANT￾NEGOTIATING￾GROUPS￾AND￾BY￾THEIR￾ #HAIRS￾ACTING￾AS￾&ACILITATORS￾AS￾WELL￾AS￾INTENSIVE￾CONSULTATIONS￾UNDERTAKEN￾BY￾THE￾'ENERAL￾ #OUNCIL￾#HAIRMAN￾AND￾$IRECTOR 'ENERAL￾ON￾ISSUES￾THAT￾COULD￾BE￾PROGRESSED￾THROUGH￾ SUCH￾CONSULTATIONS￾A￾FIRST￾OVERALL￾DRAFT￾TEXT￾OF￾THE￾*ULY￾PACKAGE￾WAS￾PUT￾TO￾-EMBERS￾FOR￾ CONSIDERATION￾ON￾￾*ULY￾AS￾A￾PLATFORM￾FOR￾FURTHER￾MORE￾INTENSIVE￾WORK￾THROUGH￾TO￾THE￾END￾OF￾ *ULY￾&OLLOWING￾THE￾CIRCULATION￾OF￾THIS￾FIRST￾TEXT￾THE￾#HAIRMAN￾AND￾$IRECTOR 'ENERAL￾ARRANGED￾A￾ FURTHER￾PROCESS￾OF￾CONSULTATIONS￾IN￾ORDER￾TO￾FACILITATE￾-EMBERS￾EFFORTS￾TO￾RESOLVE￾OUTSTANDING￾ ISSUES￾AND￾MOVE￾TOWARDS￾AGREEMENT￾ON￾A￾FINAL￾TEXT￾LEADING￾UP￾TO￾A￾'ENERAL￾#OUNCIL￾MEETING￾ AT￾THE￾END￾OF￾*ULY￾)N￾THE￾LEAD UP￾TO￾THIS￾'ENERAL￾#OUNCIL￾MEETING￾74/￾-INISTERS￾ALSO￾MET￾ INTENSIVELY￾IN￾VARIOUS￾FORMATS￾AND￾GROUPINGS￾AROUND￾THE￾WORLD￾INCLUDING￾AT￾THE￾CONCLUDING￾ STAGES￾OF￾THE￾DISCUSSIONS￾IN￾'ENEVA￾￾ !T￾THE￾END￾OF￾*ULY￾FOLLOWING￾TWO￾WEEKS￾OF￾INTENSE￾NEGOTIATIONS￾-EMBERS￾FINALLY￾FULFILLED￾ THE￾GOAL￾OF￾TAKING￾THE￾NECESSARY￾DECISIONS￾ON￾KEY￾ISSUES￾TO￾ENSURE￾CONTINUED￾PROGRESS￾OF￾ THE￾NEGOTIATIONS￾AND￾TO￾PUT￾THE￾$$!￾BACK￾ON￾TRACK￾)N￾THE￾$ECISION￾OF￾THE￾'ENERAL￾#OUNCIL￾ FRAMEWORK￾AGREEMENTS￾WERE￾PUT￾IN￾PLACE￾FOR￾THE￾NEGOTIATIONS￾ON￾AGRICULTURE￾n￾INCLUDING￾ COTTON￾n￾AND￾NON AGRICULTURAL￾MARKET￾ACCESS￾-EMBERS￾ALSO￾AGREED￾TO￾A￾PACKAGE￾ON￾ DEVELOPMENT￾ISSUES￾AND￾TOOK￾A￾DECISION￾TO￾BEGIN￾NEGOTIATIONS￾ON￾TRADE￾FACILITATION￾AND￾THAT￾ THE￾OTHER￾THREE￾3INGAPORE￾ISSUES￾WOULD￾NOT￾BE￾NEGOTIATED￾DURING￾THIS￾2OUND￾-EMBERS￾ FURTHER￾AGREED￾TO￾CONTINUE￾THE￾NEGOTIATIONS￾BEYOND￾THE￾TIMEFRAME￾OF￾￾*ANUARY￾￾SET￾IN￾ THE￾$OHA￾-INISTERIAL￾$ECLARATION￾AND￾THAT￾THE￾NEXT￾-INISTERIAL￾#ONFERENCE￾WOULD￾BE￾HELD￾IN￾ (ONG￾+ONG￾#HINA￾IN￾$ECEMBER￾￾4HE￾$ECISION￾DEMONSTRATED￾-EMBERS￾COMMITMENT￾

to fulfilling the Doha mandates and a sense of the path towards that shared goal, leaving he way open to moving ahead with renewed momentum and a sense of purpose towards a successful conclusion of the round In addition to its work culminating in the July Decision on the Doha Work Programme, the General Council, as part of its overall review and oversight function, continued to keep under regular review the work of the TNC under a standing item on its agenda. Also, in keeping with the framework and procedures agreed in March 2002 for the conduct of the work programme on small economies provided for in the DDa, the General Council reviewed the progress of work in this area under a standing item on its agenda. The substantive work relating to this work programme is undertaken in dedicated sessions of the Committee on Trade and relopment. With regard to the harmonization work programme in the rules of origin area, in view of the technically complex and politically important issues that remain to be consider the General Council extended to July 2005 the deadline for completion of negotiations on core policy issues. Work on these issues was continued over the period under review in consultation conducted by the Chairman of the Committee on Rules of Origin, at the request and on behalf of the General Council Chair. Following resolution of the core policy issues, the WTO Committee on Rules of Origin is to complete the remaining technical work by 31 December 2005 Furthermore, in follow-up to the provisions of the July Decision on the Doha Work Programme regarding the sectoral initiative on cotton, the General Council in December received a report by the Director General on the development assistance aspects of Cotton Work Programme The paragraphs below follow the order of the Work Programme as set out in the Doha Declaration and the Decision on Implementation-related issues and concerns. The relevant mandate is induded after each headi Implementation-related issues and concerns 12 We attach the utmost importance to the implementation-related issues and oncerns raised by Members and are determined to find appropriate solutions to ther 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 WT/M/N(O1V17 to address a number of implementation problem faced by Members. We agree that negotiations on outstanding implementation 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 47 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 ues shall be addressed as a matter of priority by the relevant WTO bodies, which shall report to the Trade Negotiations Committee, established under paragraph 46 below, by the end of 2002 for appropriate action The Committee Chairman held informal consultations with interested members on the text of the Report(WT/BOP/R/66, 19 November 2002)on work undertaken in accordance with paragraph 12(b)of the Doha Ministerial Declaration, and reported to the Director Agriculture The Committee on Agriculture has a mandate given by the General Council to pursue three implementation matters. The first issue concerns the examination of means for a more effective implementation of the Marrakesh Ministerial Decision on Measures oncerning the Possible Negative Effects of the Reform Programme on Least-Developed and Net Food-Importing Developing Countries(NFIDC Decision). In this context, the Committee further considered a proposal by the WTO African Group calling for new mechanisms address import financing difficulties of the least-developed and net food-importing developing countries. The Committee is to submit recommendations to the General Council concerning this matter by July 2005. The second implementation issue concerns the anagement of tariff quota regimes. Under a General Council decision, Members with tariff quota commitments are required to provide updated notifications to the Committee on Agriculture which include details on guidelines and procedures for the allotment of tariff quotas, in order to ensure that tariff quotas are administered in a transparent, equitable and non-discriminatory manner. The notifications received in this way are systematically reviewed by the Committee. The third implementation issue concerns implementation of Article 10.2 of the Agreement on Agriculture(development of internationally agreed disciplines to govern the provision of export credits, export credit guarantees or insurance grammes). There were no further developments in this area of work of the Committee as of the decision can be found in Members are pursuing their interests on this matter in the Doha negotiations on agriculture

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FURTHER￾CONSIDERED￾A￾PROPOSAL￾BY￾THE￾74/￾!FRICAN￾'ROUP￾CALLING￾FOR￾NEW￾MECHANISMS￾ TO￾ADDRESS￾IMPORT￾FINANCING￾DIFFICULTIES￾OF￾THE￾LEAST DEVELOPED￾AND￾NET￾FOOD IMPORTING￾ DEVELOPING￾COUNTRIES￾4HE￾#OMMITTEE￾IS￾TO￾SUBMIT￾RECOMMENDATIONS￾TO￾THE￾'ENERAL￾#OUNCIL￾ CONCERNING￾THIS￾MATTER￾BY￾*ULY￾￾￾4HE￾SECOND￾IMPLEMENTATION￾ISSUE￾CONCERNS￾THE￾ MANAGEMENT￾OF￾TARIFF￾QUOTA￾REGIMES￾5NDER￾A￾'ENERAL￾#OUNCIL￾DECISION￾-EMBERS￾WITH￾TARIFF￾ QUOTA￾COMMITMENTS￾ARE￾REQUIRED￾TO￾PROVIDE￾UPDATED￾NOTIFICATIONS￾TO￾THE￾#OMMITTEE￾ON￾ !GRICULTURE￾WHICH￾INCLUDE￾DETAILS￾ON￾GUIDELINES￾AND￾PROCEDURES￾FOR￾THE￾ALLOTMENT￾OF￾TARIFF￾ QUOTAS￾IN￾ORDER￾TO￾ENSURE￾THAT￾TARIFF￾QUOTAS￾ARE￾ADMINISTERED￾IN￾A￾TRANSPARENT￾EQUITABLE￾ AND￾NON DISCRIMINATORY￾MANNER￾￾4HE￾NOTIFICATIONS￾RECEIVED￾IN￾THIS￾WAY￾ARE￾SYSTEMATICALLY￾ REVIEWED￾BY￾THE￾#OMMITTEE￾4HE￾THIRD￾IMPLEMENTATION￾ISSUE￾CONCERNS￾IMPLEMENTATION￾ OF￾!RTICLE￾￾OF￾THE￾!GREEMENT￾ON￾!GRICULTURE￾DEVELOPMENT￾OF￾INTERNATIONALLY￾AGREED￾ DISCIPLINES￾TO￾GOVERN￾THE￾PROVISION￾OF￾EXPORT￾CREDITS￾EXPORT￾CREDIT￾GUARANTEES￾OR￾INSURANCE￾ PROGRAMMES ￾4HERE￾WERE￾NO￾FURTHER￾DEVELOPMENTS￾IN￾THIS￾AREA￾OF￾WORK￾OF￾THE￾#OMMITTEE￾AS￾ -EMBERS￾ARE￾PURSUING￾THEIR￾INTERESTS￾ON￾THIS￾MATTER￾IN￾THE￾$OHA￾NEGOTIATIONS￾ON￾AGRICULTURE￾  ￾4HE￾FULL￾TEXT￾OF￾THE￾$ECISION￾CAN￾BE￾FOUND￾IN￾ 74/￾DOCUMENT￾74,

Customs valuation The Committee on Customs valuation received a mandate from Ministers at Doha to address five outstanding implementation- related issues and to carry out the work in paragraph 8. 3 of the Decision on Implementation-Related Issues and Concems, in accordance with paragraph 12 of the Ministerial Declaration. The five outstanding issues concern specific provisions of the Agreement on Customs Valuation, and paragraph 8.3 deals with information exchange among customs administrations aimed at relieving concems related to the accuracy of the declared value. Following its 2002 report to the General Council in G/AL/50 (see WTO Annual Report, 2002), the Committee received the requested advice and technical input from the Technical Committee on Customs Valuation The Chairman of the Committee held a series of informal consultations on the matter, taking into account the information received and the committee s previous work. However, the Committee was unable to reach a consensus to conclude its work under the ministerial mandate(in paragraph 8.3 of WT/MIN(01)/17). The Committee will continue to address this Sanitary and phytosanitary measures The SPS Committee's work regarding the implementation of the Agreement progressed in several areas in 2004. The Committee completed its work programme on Equivalence which included clarifications on the Decision n Equivalence. In October 2004, the Committee adopted an elaboration of a procedure in which an importing country should consider any requests for S&D or technical assistance made in response to their notification of a new measure and notify the SPS Committee of actions taken in response to this request In addition the Committee continued discussion of problems linked with the implementation of the provisions for recognition of pest-and disease-free areas Trade-related investment measures Pursuant to Paragraph 12(b)of the Doha Ministerial Declaration and the Council for Trade in Goods'(CTG) decision of 7 May 2002, the Committee on Trade-Related Investment Measures was assigned the responsibility for conducting work on the outstanding implementation issues related to the TRIMs Agreement as contained in tires 37 to 40 of document JOB(01)/152/Rev. 1. Following the decision adopted by the General Council on 1 August 2004 and the request of the Chair of the Trade 2 Negotiations Committee(TNC)to assist him in his consultations under paragraph 12(b)of the doha ministerial Declaration in november 2004 the Chairman of the trims committee conducted informal consultations on the outstanding implementation issues related to the TRIMs Agreement, focussing on a joint proposal by Brazil and India under tiret 40(G/TRIMS/ W25) Technical barriers to trade The TBT Committee has continued to develop its approach to technical assistance. During 2004 it focused on transparency related aspects of technical assistance Regarding Supplier's Declaration of Conformity(SDoC), Members engaged in exchange of experiences Trade-related aspects of intellectual property rights(tripS) Pursuant to paragraph 2 of the Decision on Implementation of Artide 66.2 of the TRIPS Agreement(IP/C/28), the Council took up, at its meeting in December, the second annual review of developed country Members' reports on their implementation of Artide 66. 2. The Council had adopted this decision in February 2003, giving effect to the instruction of the Doha Ministerial Conference in paragraph 11.2 of the Decision on Implementation-Related Issues and Concerns to put in place a mechanism for ensuring the monitoring and full implementation of the obligations Paragraph 11. 1 of the Doha Decision on Implementation-Related Issues and Concerns irected the TRIPS Council to continue its examination of the scope and modalities for di complaints of the types provided for under subparagraphs 1(b)and 1(c)of Article XXll of GATT 1994 and make recommendations to the fifth session of the ministerial conference inisters had agreed that, in the meantime, Members would not initiate such complaints Inder the TRiPS Agreement. In the light of the decision on the Doha Work Programme adopted by the General Council on 1 August 2004, the Council discussed this issue at its meeting in December and took note of an updated Secretariat note summarizing the points raised in the Council s earlier substantive discussions of this matter(IP/C//349/Rev. 1) Pursuant to paragraph 1. d of the General Council's Decision of 1 August as it relates to outstanding implementation issues and concerns, Mr. Thompson-Flores, Deputy Director- aimed at clarifying the issues related to extension of the protection of geographiC? General, initiated, at the request of the Director-General, a technical level consultati indications provided for in Article 23 of the tRips agreement to products other than wines and spirits a G/SPS/19/Rey. 2

#USTOMS￾VALUATION￾ 4HE￾#OMMITTEE￾ON￾#USTOMS￾6ALUATION￾RECEIVED￾A￾MANDATE￾FROM￾ -INISTERS￾AT￾$OHA￾TO￾ADDRESS￾FIVE￾OUTSTANDING￾IMPLEMENTATION RELATED￾ISSUES￾AND￾TO￾CARRY￾OUT￾ THE￾WORK￾IN￾PARAGRAPH￾￾OF￾THE￾$ECISION￾ON￾)MPLEMENTATION 2ELATED￾)SSUES￾AND￾#ONCERNS￾ IN￾ACCORDANCE￾WITH￾PARAGRAPH￾￾OF￾THE￾-INISTERIAL￾$ECLARATION￾4HE￾FIVE￾OUTSTANDING￾ ISSUES￾CONCERN￾SPECIFIC￾PROVISIONS￾OF￾THE￾!GREEMENT￾ON￾#USTOMS￾6ALUATION￾AND￾PARAGRAPH￾ ￾DEALS￾WITH￾INFORMATION￾EXCHANGE￾AMONG￾CUSTOMS￾ADMINISTRATIONS￾AIMED￾AT￾RELIEVING￾ CONCERNS￾RELATED￾TO￾THE￾ACCURACY￾OF￾THE￾DECLARED￾VALUE￾&OLLOWING￾ITS￾￾REPORT￾TO￾THE￾ 'ENERAL￾#OUNCIL￾IN￾'6!,￾SEE￾74/￾!NNUAL￾2EPORT￾ ￾THE￾#OMMITTEE￾RECEIVED￾THE￾ REQUESTED￾ADVICE￾AND￾TECHNICAL￾INPUT￾FROM￾THE￾4ECHNICAL￾#OMMITTEE￾ON￾#USTOMS￾6ALUATION￾ 4HE￾#HAIRMAN￾OF￾THE￾#OMMITTEE￾HELD￾A￾SERIES￾OF￾INFORMAL￾CONSULTATIONS￾ON￾THE￾MATTER￾TAKING￾ INTO￾ACCOUNT￾THE￾INFORMATION￾RECEIVED￾AND￾THE￾#OMMITTEES￾PREVIOUS￾WORK￾(OWEVER￾THE￾ #OMMITTEE￾WAS￾UNABLE￾TO￾REACH￾A￾CONSENSUS￾TO￾CONCLUDE￾ITS￾WORK￾UNDER￾THE￾-INISTERIAL￾ MANDATE￾IN￾PARAGRAPH￾￾OF￾74-).  ￾4HE￾#OMMITTEE￾WILL￾CONTINUE￾TO￾ADDRESS￾THIS￾ MATTER￾IN￾￾ 3ANITARY￾AND￾PHYTOSANITARY￾MEASURES￾ 4HE￾303￾#OMMITTEES￾WORK￾REGARDING￾THE￾ IMPLEMENTATION￾OF￾THE￾!GREEMENT￾PROGRESSED￾IN￾SEVERAL￾AREAS￾IN￾￾4HE￾#OMMITTEE￾ COMPLETED￾ITS￾WORK￾PROGRAMME￾ON￾%QUIVALENCE￾WHICH￾INCLUDED￾CLARIFICATIONS￾ON￾THE￾$ECISION￾ ON￾%QUIVALENCE  ￾)N￾/CTOBER￾￾THE￾#OMMITTEE￾ADOPTED￾AN￾ELABORATION￾OF￾A￾PROCEDURE￾ IN￾WHICH￾AN￾IMPORTING￾COUNTRY￾SHOULD￾CONSIDER￾ANY￾REQUESTS￾FOR￾3$￾OR￾TECHNICAL￾ASSISTANCE￾ MADE￾IN￾RESPONSE￾TO￾THEIR￾NOTIFICATION￾OF￾A￾NEW￾MEASURE￾AND￾NOTIFY￾THE￾303￾#OMMITTEE￾OF￾ ACTIONS￾TAKEN￾IN￾RESPONSE￾TO￾THIS￾REQUEST  ￾)N￾ADDITION￾THE￾#OMMITTEE￾CONTINUED￾DISCUSSION￾ OF￾PROBLEMS￾LINKED￾WITH￾THE￾IMPLEMENTATION￾OF￾THE￾PROVISIONS￾FOR￾RECOGNITION￾OF￾PEST ￾AND￾ DISEASE FREE￾AREAS 4RADE RELATED￾INVESTMENT￾MEASURES￾ 0URSUANT￾TO￾0ARAGRAPH￾B ￾OF￾THE￾$OHA￾ -INISTERIAL￾$ECLARATION￾AND￾THE￾#OUNCIL￾FOR￾4RADE￾IN￾'OODS￾#4' ￾DECISION￾OF￾￾-AY￾￾ THE￾#OMMITTEE￾ON￾4RADE 2ELATED￾)NVESTMENT￾-EASURES￾WAS￾ASSIGNED￾THE￾RESPONSIBILITY￾FOR￾ CONDUCTING￾WORK￾ON￾THE￾OUTSTANDING￾IMPLEMENTATION￾ISSUES￾RELATED￾TO￾THE￾42)-S￾!GREEMENT￾ AS￾CONTAINED￾IN￾TIRETS￾￾TO￾￾OF￾DOCUMENT￾*/" 2EV￾&OLLOWING￾THE￾$ECISION￾ ADOPTED￾BY￾THE￾'ENERAL￾#OUNCIL￾ON￾￾!UGUST￾￾AND￾THE￾REQUEST￾OF￾THE￾#HAIR￾OF￾THE￾4RADE￾ .EGOTIATIONS￾#OMMITTEE￾4.# ￾TO￾ASSIST￾HIM￾IN￾HIS￾CONSULTATIONS￾UNDER￾PARAGRAPH￾B ￾OF￾ THE￾$OHA￾-INISTERIAL￾$ECLARATION￾IN￾.OVEMBER￾￾THE￾#HAIRMAN￾OF￾THE￾42)-S￾#OMMITTEE￾ CONDUCTED￾INFORMAL￾CONSULTATIONS￾ON￾THE￾OUTSTANDING￾IMPLEMENTATION￾ISSUES￾RELATED￾TO￾THE￾ 42)-S￾!GREEMENT￾FOCUSSING￾ON￾A￾JOINT￾PROPOSAL￾BY￾"RAZIL￾AND￾)NDIA￾UNDER￾TIRET￾￾'42)-3 7 ￾ 4ECHNICAL￾BARRIERS￾TO￾TRADE￾ 4HE￾4"4￾#OMMITTEE￾HAS￾CONTINUED￾TO￾DEVELOP￾ITS￾APPROACH￾ TO￾TECHNICAL￾ASSISTANCE￾$URING￾￾IT￾FOCUSED￾ON￾TRANSPARENCY￾RELATED￾ASPECTS￾OF￾TECHNICAL￾ ASSISTANCE￾2EGARDING￾3UPPLIERS￾$ECLARATION￾OF￾#ONFORMITY￾3$O# ￾-EMBERS￾ENGAGED￾IN￾AN￾ EXCHANGE￾OF￾EXPERIENCES 4RADE RELATED￾ASPECTS￾OF￾INTELLECTUAL￾PROPERTY￾RIGHTS￾42)03 ￾ 0URSUANT￾TO￾PARAGRAPH￾ ￾OF￾THE￾$ECISION￾ON￾)MPLEMENTATION￾OF￾!RTICLE￾￾OF￾THE￾42)03￾!GREEMENT￾)0# ￾THE￾ #OUNCIL￾TOOK￾UP￾AT￾ITS￾MEETING￾IN￾$ECEMBER￾THE￾SECOND￾ANNUAL￾REVIEW￾OF￾DEVELOPED￾COUNTRY￾ -EMBERS￾REPORTS￾ON￾THEIR￾IMPLEMENTATION￾OF￾!RTICLE￾￾4HE￾#OUNCIL￾HAD￾ADOPTED￾THIS￾ DECISION￾IN￾&EBRUARY￾￾GIVING￾EFFECT￾TO￾THE￾INSTRUCTION￾OF￾THE￾$OHA￾-INISTERIAL￾#ONFERENCE￾ IN￾PARAGRAPH￾￾OF￾THE￾$ECISION￾ON￾)MPLEMENTATION 2ELATED￾)SSUES￾AND￾#ONCERNS￾TO￾PUT￾IN￾ PLACE￾A￾MECHANISM￾FOR￾ENSURING￾THE￾MONITORING￾AND￾FULL￾IMPLEMENTATION￾OF￾THE￾OBLIGATIONS￾IN￾ QUESTION 0ARAGRAPH￾￾OF￾THE￾$OHA￾$ECISION￾ON￾)MPLEMENTATION 2ELATED￾)SSUES￾AND￾#ONCERNS￾ DIRECTED￾THE￾42)03￾#OUNCIL￾TO￾CONTINUE￾ITS￾EXAMINATION￾OF￾THE￾SCOPE￾AND￾MODALITIES￾FOR￾ COMPLAINTS￾OF￾THE￾TYPES￾PROVIDED￾FOR￾UNDER￾SUBPARAGRAPHS￾B ￾AND￾C ￾OF￾!RTICLE￾88)))￾OF￾ '!44￾￾AND￾MAKE￾RECOMMENDATIONS￾TO￾THE￾&IFTH￾3ESSION￾OF￾THE￾-INISTERIAL￾#ONFERENCE￾ -INISTERS￾HAD￾AGREED￾THAT￾IN￾THE￾MEANTIME￾-EMBERS￾WOULD￾NOT￾INITIATE￾SUCH￾COMPLAINTS￾ UNDER￾THE￾42)03￾!GREEMENT￾)N￾THE￾LIGHT￾OF￾THE￾DECISION￾ON￾THE￾$OHA￾7ORK￾0ROGRAMME￾ ADOPTED￾BY￾THE￾'ENERAL￾#OUNCIL￾ON￾￾!UGUST￾￾THE￾#OUNCIL￾DISCUSSED￾THIS￾ISSUE￾AT￾ITS￾ MEETING￾IN￾$ECEMBER￾AND￾TOOK￾NOTE￾OF￾AN￾UPDATED￾3ECRETARIAT￾NOTE￾SUMMARIZING￾THE￾POINTS￾ RAISED￾IN￾THE￾#OUNCILS￾EARLIER￾SUBSTANTIVE￾DISCUSSIONS￾OF￾THIS￾MATTER￾)0#72EV ￾ 0URSUANT￾TO￾PARAGRAPH￾D￾OF￾THE￾'ENERAL￾#OUNCILS￾$ECISION￾OF￾￾!UGUST￾AS￾IT￾RELATES￾ TO￾OUTSTANDING￾IMPLEMENTATION￾ISSUES￾AND￾CONCERNS￾-R￾4HOMPSON &LÙRES￾$EPUTY￾$IRECTOR 'ENERAL￾INITIATED￾AT￾THE￾REQUEST￾OF￾THE￾$IRECTOR 'ENERAL￾A￾TECHNICAL￾LEVEL￾CONSULTATION￾ AIMED￾AT￾CLARIFYING￾THE￾ISSUES￾RELATED￾TO￾EXTENSION￾OF￾THE￾PROTECTION￾OF￾GEOGRAPHICAL￾ INDICATIONS￾PROVIDED￾FOR￾IN￾!RTICLE￾￾OF￾THE￾42)03￾!GREEMENT￾TO￾PRODUCTS￾OTHER￾THAN￾WINES￾ AND￾SPIRITS￾ 74/￾ACTIVITIES 4HE￾$OHA￾$EVELOPMENT￾!GENDA￾$$!   ￾'3032EV  ￾'303

Agriculture(Paragraphs 13 and 14) 13. We recognize the work already undertaken in the negotiations initiated in early 2000 under Artide 20 of the Agreement on Agriculture, including the large number of gotiating 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 ystem through a 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 and without prejudging the outcome of the negotiations we commit ourselves to comprehensive negotiations aimed at: substantia 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 tha special and differential treatment for developing countries shall be an integral part of all elements of the negotiations and shall be embodied in the Schedules of concessions and splines to be negotiated, so as to be rationally effective and to enable developing countries to effectively take account of their evelopment needs, indluding food security and rural development. We take note of the non- reflected in the negotiating proposals submitted by Members and confirm that non-trade concerns will be taken into account 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 31 March 2003. Participants shall submit their comprehensive draft Schedules based on these modalities no later than the date of the Fifth Session of the Ministerial Conference. 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. The negotiations on agriculture, which had started in 2000 under Article 20 of the Agreement on Agriculture, continued into 2002 and 2003 under paragraphs 13 and 14 of the Doha Ministerial Declaration. The objective for most of that time had been to establish modalities no later than 31 March 2003. The wide differences in positions between Members meant it was not possible to achieve this objective and in the third quarter of 2003 Members' attention switched to negotiating a detailed framework on which modalities would be based. However, despite intensive efforts in the run up to and at the 5th Ministerial Conference, it was not possible to reach agreement, nor was it possible to find a compromise later in 2003 In 2004, under a new Chairman, Ambassador Tim Groser of New Zealand, the Special Session of the Committee on Agriculture restarted its work on negotiating a framework hich all Members could agree to. In this new phase, Members were strongly encouraged to conduct negotiations with each other rather than trying to negotiate with the Chair, as had happened in the past. This initiative by the Chairman was greatly helped by the fact that in the latter part of 2003 major negotiating coalitions had emerged which increasingly spoke with one voice, including the G-20, the African Group, the group of least- developed countries, the G-10 and the G-33. The letters, in early 2004, from Ambassador Zoellick(2004 should not be a lost year")and from Commissioners Lamy and Fischler, indicating the ECs readiness to eliminate export subsidies subject to equivalent and paral commitments with respect to all other forms of export subsidization, provided an essential olitical impetus. Indeed, the negotiations gradually shifted from a"declaratory"phase ver listening"phase to a"compromise"phase at and between the Geneva"Agriculture Weeks"that took place in March, April and June of 2004 (see documents TN/AG/R/11 TN/AG/R/12 and TN/AG/R/13) Although the Geneva-based process was critical to this phase of the negotiations, the parallel external process was also vitally important. a number of Members took the opportunity to further the negotiations through meetings within and between different negotiating groups that took place at different venues around the world. These meetings gave further political guidance to enable the Geneva-based negotiators to move forward The differences in negotiating positions among Members were gradually narrowed b serious difficulties remained. Eventually, following intensive and continuous negotiations in June and July, consensus was reached on a framework on agriculture as part of the general Council Decision of 1 August 2004 ("the Framework", see Annex A of WT/U/579) The Framework greatly augmented the mandate of the Doha Ministerial Conference by reater clarity and areate For example: On export competition the Framework commits Members to eliminate all form of export subsidies by a date certain and establishes clear guidelines for the evelopment of detailed rules and commitments on export credits, exporting state trading enterprises and food aid

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