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WTO ANALYTICAL INDEX: MARRAKESH AGREEMENT Marrakesh Agreement Establishing the World Trade Organization |
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> Preamble
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Article IV: Structure of the WTO 1. There shall be a Ministerial Conference composed of representatives of all the Members, which shall meet at least once every two years. The Ministerial Conference shall carry out the functions of the WTO and take actions necessary to this effect. The Ministerial Conference shall have the authority to take decisions on all matters under any of the Multilateral Trade Agreements, if so requested by a Member, in accordance with the specific requirements for decision-making in this Agreement and in the relevant Multilateral Trade Agreement.
2. There shall be a General Council composed of representatives of all the Members, which shall meet as appropriate. In the intervals between meetings of the Ministerial Conference, its functions shall be conducted by the General Council. The General Council shall also carry out the functions assigned to it by this Agreement. The General Council shall establish its rules of procedure and approve the rules of procedure for the Committees provided for in paragraph 7.
3. The General Council shall convene as appropriate to discharge the responsibilities of the Dispute Settlement Body provided for in the Dispute Settlement Understanding. The Dispute Settlement Body may have its own chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those responsibilities.
4. The General Council shall convene as appropriate to discharge the responsibilities of the Trade Policy Review Body provided for in the TPRM. The Trade Policy Review Body may have its own chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those responsibilities.
5. There shall be a Council for Trade in Goods, a Council for Trade in Services and a Council for Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the “Council for TRIPS”), which shall operate under the general guidance of the General Council. The Council for Trade in Goods shall oversee the functioning of the Multilateral Trade Agreements in Annex 1A. The Council for Trade in Services shall oversee the functioning of the General Agreement on Trade in Services (hereinafter referred to as “GATS”). The Council for TRIPS shall oversee the functioning of the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the “Agreement on TRIPS”). These Councils shall carry out the functions assigned to them by their respective agreements and by the General Council. They shall establish their respective rules of procedure subject to the approval of the General Council. Membership in these Councils shall be open to representatives of all Members. These Councils shall meet as necessary to carry out their functions.
6. The Council for Trade in Goods, the Council for Trade in Services and the Council for TRIPS shall establish subsidiary bodies as required. These subsidiary bodies shall establish their respective rules of procedure subject to the approval of their respective Councils.
7. The Ministerial Conference shall establish a Committee on Trade and Development, a Committee on Balance-of-Payments Restrictions and a Committee on Budget, Finance and Administration, which shall carry out the functions assigned to them by this Agreement and by the Multilateral Trade Agreements, and any additional functions assigned to them by the General Council, and may establish such additional Committees with such functions as it may deem appropriate. As part of its functions, the Committee on Trade and Development shall periodically review the special provisions in the Multilateral Trade Agreements in favour of the least-developed country Members and report to the General Council for appropriate action. Membership in these Committees shall be open to representatives of all Members.
8. The bodies provided for under the Plurilateral Trade Agreements shall carry out the functions assigned to them under those Agreements and shall operate within the institutional framework of the WTO. These bodies shall keep the General Council informed of their activities on a regular basis. 33. For an overview of the WTO structure see the flowchart below.
Key
(a) “there shall be a Ministerial Conference … which shall meet at least once every two years” 34. Five Ministerial Conferences have been convened between the establishment of the WTO in 1995 and 31 December 2004: (i) 1996 Singapore Ministerial Conference 35. The First WTO Ministerial Conference was held in Singapore between 9 and 13 December 1996. The Ministerial Declaration(33) was adopted on 13 December 1996. In addition, the Conference adopted the Ministerial Declaration on Trade in Information Technology Products.(34) The Conference also set up working groups to study the relationship between trade and investment, trade and competition policy, transparency in government procurement, and trade facilitation. These subjects are mainly referred to as the “Singapore issues”. (ii) 1998 Geneva Ministerial Conference 36. The Second Ministerial Conference was held in Geneva, Switzerland, between 18 and 20 May 1998. The Ministerial Declaration(35) was adopted on 20 May 1998. Ministers also adopted a Declaration on Global Electronic Commerce.(36) (iii) 1999 Seattle Ministerial Conference 37. The Third Ministerial Conference was held in Seattle, United States, between 30 November and 3 December 1999. Despite intense negotiations with a view to launching a new Millennium Round, consensus was not achieved. Members did not adopt any Ministerial Declaration.(37) (iv) 2001 Doha Ministerial Conference 38. The Fourth Ministerial Conference was held in Doha, Qatar, between 9 and 14 November 2001. Members launched a new round of negotiations (commonly known as the Doha Round). In addition to the Ministerial Declaration (also known as the Doha Declaration)(38), Ministers adopted the declarations and decisions listed below:
39. The text of the Doha Declaration and related decisions is in Section XXVII below. The text of the Declaration on the TRIPS Agreement and Public Health is in Section LXXVIII of the Chapter on the TRIPS Agreement. (v) 2003 Cancun Ministerial Conference 40. The Fifth Ministerial Conference was held in Cancun, Mexico, between 10 and 14 September 2003. The main task was to take stock of progress in negotiations and other work under the Doha Development Agenda. The Members approved a Ministerial statement on 14 September 2003 instructing Member government officials to continue working on outstanding issues.(45) (b) “The Ministerial Conference shall carry out the functions of the WTO” (i) Competencies of the Ministerial Conference 41. In addition to general powers under Article IV:1, the Ministerial Conference has specific powers under other Articles of the WTO Agreement, including: the power to appoint a Director-General(46), to adopt an authoritative interpretation of the Multilateral Trade Agreements(47), to grant a waiver(48), to adopt amendments(49), and to decide on accessions.(50) (ii) Competencies under other Agreements 42. Articles XII:5(b) and XII:6 gives the Ministerial Conference power to establish certain procedures in connection with balance-of-payments restrictions.(51) 43. Article 64.3 gives the Ministerial Conference power to extend the non-applicability of non-violation complaints to the TRIPS Agreement on recommendation of the TRIPS Council.(52) 44. Paragraph 2(b) provides that powers granted to the CONTRACTING PARTIES acting jointly in the GATT may be allocated to the various WTO organs by decision of the Ministerial Conference. See Articles VII:4(c), XII:5, XV:5, XV:6, XXXVI:1(f) and XXXVI:6 of GATT. With respect to GATT practice concerning Article VII, see GATT Analytical Index, pages 259–265. 45. The Ministerial Conference and General Council have established the following working parties to carry out various functions: (a) Working Group on the Relationship between Trade and Investment(53);
(b) Working Group on the Interaction between Trade and Competition Policy(54);
(c) Working Group on Transparency in Government Procurement(55);
(d) Working Parties on Accession(56); and
(e) Working Party on Preshipment Inspection(57);
(f) Working Group on Trade, Debt and Finance(58); and
(g) Working Group on Trade and the Transfer of Technology.(59) (c) “Ministerial Conference shall … take decisions on all matters under any of the Multilateral Trade Agreements” 46. As of 31 December 2004, the Ministerial Conference had adopted the following decisions (also see Section V.B.1 above: (a) Ministerial Declaration adopted in Singapore(60);
(b) Ministerial Declaration on Trade in Information Technology Products adopted in Singapore(61);
(c) Ministerial Declaration adopted in Geneva(62);
(d) Ministerial Declaration on electronic commerce adopted in Geneva(63);
(e) Ministerial Declarations adopted in Doha(64);
(f) Ministerial Declaration on the TRIPS Agreement and Public Health adopted in Doha(65);
(g) Decision on Implementation-Related Issues and Concerns, adopted in Doha(66);
(h) Decision on Procedures for Extensions under Article 27.4 of the SCM Agreement for Certain Developing Country Members, adopted in Doha(67);
(i) Decision on the ACP-EC Partnership Agreement, adopted in Doha(68); and
(j) Decision on Transitional Regime for the EC Autonomous Tariff Rate Quotas on Imports of Bananas, adopted in Doha.(69) (d) “in accordance with the specific requirements for decision-making in this Agreement and in the relevant Multilateral Trade Agreements” 47. As regards the specific requirements for decision-making, see Section X.B below. Also see the relevant sections of the various Multilateral Trade Agreements. 48. The General Council adopted the rules of procedure for the Ministerial Conference at its meeting of 31 January 1995.(70) The General Council amended these rules on 25 July 1996. (a) “there shall be a General Council” 49. The General Council is the WTO’s highest-level decision-making body. It meets regularly to carry out the functions of the WTO. It has representatives (usually ambassadors or equivalent) from all Member governments and has the authority to act on behalf of the Ministerial Conference. (b) “The General Council shall also carry out the functions assigned to it by this Agreement” 50. The General Council is charged with the power to form cooperation agreements with intergovernmental organizations and non-governmental organizations(71), adopt staff and financial regulations(72), and adopt the budget.(73) Circulation and derestriction of documents 51. On 14 May 2002, the General Council adopted a new decision abrogating the decision of 18 July 1996.(74) Paragraph 4 of this decision states that “[t]he Decision of the General Council of 18 July 1996 on Procedures for the Circulation and Derestriction of WTO documents, as contained in WT/L/160/Rev.1, shall be abrogated as of the date of adoption of the present decision, but will remain in effect for documents circulated prior to that date.”(75) (c) “the General Council shall establish its rules of procedure” 52. The General Council adopted its rules of procedure on 31 January 1995 (see paragraph 48 above).(76) 53. The General Council approved the first set of guidelines for appointment of officers to WTO bodies on 31 January 1995. These guidelines were proposed by the Chairman of the GATT 1947 CONTRACTING PARTIES and approved by the Preparatory Committee for the World Trade Organization.(77) These guidelines were reviewed on 11 December 2002.(78) (d) “the General Council shall … approve the rules of procedure for the committees …” 54. The General Council adopted the rules of procedure for the following Committees at its meetings on the dates set forth below: (a) Committee on Trade and Development — 15 November 1995(79);
(b) Committee on Balance-of-Payments Restrictions — 13 and 15 December 1995(80); and
(c) Committee on Regional Trade Agreements(81) — 2 October 1996.(82) 3. Article IV:3: “the General Council shall convene … to discharge the responsibilities of the Dispute Settlement Body (DSB)” 55. The General Council, acting as the DSB, discharges the responsibilities enumerated in Article 2.1 of the DSU(83), including: the authority to establish panels, to adopt Panel and Appellate Body reports, to maintain surveillance of implementation of rulings and recommendations and authorize suspension of concessions and other obligations under the covered agreements.(84) For the activities of the DSB generally, see Chapter on the DSU, in particular, Section II.B. (b) “The DSB … shall establish such rules of procedure” 56. The DSB adopted its own rules of procedure(85) on 10 February 1995. The DSB follows, mutatis mutandis, the rules of procedure for the General Council(86) with certain exceptions. The DSB adopted Chapter V of the rules of procedure concerning officers on 25 April 1995.(87) For the text of the Rules of Procedure, see Section XXXV of the Chapter on the DSU. (c) Special Session of the Dispute Settlement Body 57. The Trade Negotiations Committee created a Special Session of the Dispute Settlement Body to negotiate improvements and clarifications of the Dispute Settlement Understanding. This negotiation will not be part of the single undertaking. In this respect, see paragraph 47 of the Doha Declaration in Section XXVII below. 4. Article IV:4: “the General Council shall … discharge the responsibilities of the Trade Policy Review Body” 58. Country reviews are conducted on a rotational basis, with the frequency of review being determined by reference to each Member’s share of world trade in a recent representative period. See Section III.B.2 of the Chapter on the TPRM. 59. The TPRB conducted 197 reviews(88) between its formation and 31 December 2004. The reviews covered 114 Members, counting the European Union as one Member. (b) “the Trade Policy Review Body shall … establish such rules of procedure” 60. At its meeting of 6 June 1995, the TPRB adopted the rules of procedure(89) following mutatis mutandis, the rules of procedures for the General Council(90) with certain exceptions. (a) “Council for Trade in Goods” 61. The Council for Trade in Goods oversees the functioning of the Multilateral Trade Agreements in Annex IA; the Agreements specifically set forth the following: (a) Understanding on the Interpretation of Article XVII of the General Agreement on Tariffs and Trade 1994:
(i) To receive notifications of state trading enterprises — Article 1;
(ii) To receive counter-notifications of state trading enterprises — Article 4;
(iii) To make recommendations with regard to the adequacy of notifications and the need for further information — Article 5; and
(iv) To receive annual reports of the Working Party on State Trading — Article 5;
(b) Agreement on Textiles and Clothing
(i) The Council for Trade in Goods conducted a review of the Agreement before the end of each stage of the integration process until all restrictions thereunder terminated on 1 January 2005.
(c) Agreement on Trade-Related Investment Measures
(i) To receive notifications of all applied TRIMS and those not in conformity with TRIMS — Article 5.1;
(ii) To extend the transition period for the elimination of TRIMs notified by developing country Members — Article 5.3;
(iii) To receive notifications on any TRIM applied to a new investment — Article 5.5;
(iv) To assign responsibilities to the Committee on TRIMS and receive reports on the operation and implementation of the TRIMs Agreement — Article 7; and
(v) To review operation of the TRIMs Agreement and as appropriate propose amendments to the text to the Ministerial Conference — Article 9.
(d) Customs Valuation Agreement
(i) To receive reviews on developments on the implementation and operation of the Agreement — Article 23; and
(ii) Points 1 and 2 of Annex III of the Custom Valuation Agreement refers to the “Members”. This could be the Council for Trade in Goods or the Customs Valuation Committee.
(e) Agreement on Safeguards
(i) To review the suspension of substantially equivalent concessions — Article 8.2;
(ii) To receive notifications on results of consultations — Article 12.5; any form of compensation (Article 8.1); proposed suspension of concessions (Article 8.2) and other obligations; and
(iii) To establish a Committee on Safeguards (Article 13.1) and receive its reports on functioning of agreement.
(f) GATT 1994
(i) Moreover, under paragraph 2(b) of GATT 1994 powers granted to the CONTRACTING PARTIES acting jointly in the GATT may be allocated to the various WTO organs by decision of the Ministerial Conference. Such decision has not been taken to date. Under such a decision, the Council for Trade in Goods may well be charged with most of the powers now allocated to CONTRACTING PARTIES acting jointly in the GATT, in conformity with allocating the overseeing function also with respect to GATT 1994 to the Council for Trade in Goods.(91) 62. As regards the activities of the Council for Trade in Goods in the areas enumerated in paragraph 61 above, see the Chapters dealing with the relevant Agreements. The Council for Trade in Goods reports to the General Council on an annual basis.(92) 63. The General Council approved the rules of procedure and the relevant addendum for meetings of the Council for Trade in Goods at its meeting of 31 July 1995.(93) (b) “Council for Trade in Services” 64. The Council for Trade in Services(94) oversees the functioning of the General Agreement on Trade in Services (GATS). The Agreement specifically sets forth the following: (a) Under Article XXIV of the GATS, powers “to facilitate the operation of this Agreement and further its objectives”, including the power to create subsidiary bodies (a variant of this latter power is in Article VI:4 of GATS); and
(b) Under Article V:7 of the GATS, power to make recommendations to parties to economic integration agreements.(95) 65. As regards the activities of the Council for Trade in Services in the areas set out in paragraph 64 above, see the Chapter on the GATS. The Council for Trade in Services reports to the General Council on an annual basis.(96) 66. The General Council approved the rules of procedure for the Council on Trade in Services at its meeting of 15 November 1995.(97) (c) “The Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS)” 67. The Council for Trade-Related Aspects of Intellectual Property Rights(98) oversees the functioning of the Agreement on Trade-Related Aspects of Intellectual Property Rights; the Agreement specifically sets forth the following: (a) To keep under review application of the provisions of Section 3 (Geographical Indications) of the Agreement — Article 24.2;
(b) To receive notification on laws and regulations, final judicial decisions and administrative rulings of general application pertaining to the TRIPS agreement made effective by a Member — Article 63.2;
(c) to grant extensions of the implementation period to least-developed countries under Article 66.1; and
(d) to monitor the operation of the Agreement and Members’ compliance thereunder, pursuant to Article 68. 68. With respect to the activities of the Council for Trade-Related Aspects of Intellectual Property Rights in the areas described in paragraph 67 above, see Chapter on the TRIPS Agreement. See also the annual reports of the Council for Trade-Related Aspects of Intellectual Property Rights to the General Council.(99) 69. The General Council approved the rules of procedure for the Council for Trade-Related Aspects of Intellectual Property Rights on 15 November 1995.(100) (d) The Councils “shall operate under the general guidance of the General Council” 70. The Council for Trade in Goods, see paragraph 62 above, Council for Trade in Services, see paragraph 65 above, and Council for Trade-Related Aspects of Intellectual Property Rights, see paragraph 68 above, all report to the General Council.
(a) “the [Council for Trade in Goods] … shall establish subsidiary bodies” 71. The Council for Trade in Goods has established the following working parties as at 31 December 2004,: (a) Working Party on State Trading Enterprises(101);
(b) Working Group on Notification Obligations and Procedures(102); and
(c) ten working parties on various regional trade agreements.(103) 72. The Council for Trade in Goods has also established the following committees (all, except (a), under specified provisions): (a) Committee on Market Access;
(b) Committee on Agriculture(104);
(c) Committee on Sanitary and Phytosanitary Measures(105);
(d) Committee on Technical Barriers to Trade(106);
(e) Committee on Subsidies and Countervailing Measures(107);
(f) Committee on Anti-Dumping Practices(108);
(g) Committee on Customs Valuation(109);
(h) Committee on Rules of Origin(110);
(i) Committee on Import Licensing(111);
(j) Committee on Trade-Related Investment Measures(112);
(k) Committee on Safeguards(113); and
(l) Committee of Participants on the Expansion of Trade in Information Technology Products. (b) Subsidiary bodies shall establish … rules of procedure subject to approval of their respective Councils: 73. The Council for Trade in Goods approved the rules of procedure for the following subsidiary bodies on the dates set forth below: (a) Committee on Market Access — 1 December 1995(114);
(b) Committee on Agriculture — 22 May 1996(115);
(c) Committee on Sanitary and Phytosanitary Measures — 11 June 1997(116);
(d) Committee on Technical Barriers to Trade — 1 December 1995(117);
(e) Committee on Subsidies and Countervailing Measures — 22 May 1996(118);
(f) Committee on Anti-Dumping Practices — 22 May 1996(119);
(g) Committee on Customs Valuation — 1 December 1995(120);
(h) Committee on Rules of Origin — 1 December 1995(121);
(i) Committee on Import Licensing — 1 December 1995(122);
(j) Committee on Trade-Related Investment Measures — 1 December 1995(123);
(k) Committee on Safeguards — 22 May 1996.(124) 74. The Rules of Procedure for the Independent Entity are included in Annex III to the decision by the General Council establishing the Independent Entity.(125) 75. No rules of procedure have been adopted for the Working Party on State Trading Enterprises. (c) “the [Council for Trade in Services] … shall establish subsidiary bodies as required” 76. As at 31 December 2004, the Council for Trade in Services has established the following subsidiary bodies: (a) Committee on Trade in Financial Services;
(b) Committee on Specific Commitments;
(c) Working Party on Domestic Regulation;
(d) Working Party on GATS Rules; and
(e) Working Party on Professional Services. (d) “the [TRIPS Council] shall establish subsidiary bodies as required” 77. The Council for Trade-Related Aspects of Intellectual Property Rights has not established any subsidiary bodies to date. 7. Article IV:7: Committees established by the Ministerial Conference or General Council 78. The Ministerial Conference and General Council have established the following Committees to date: (a) Committee on Trade and Development(126);
(b) Committee on Balance-of-Payments Restrictions(127);
(c) Committee on Budget, Finance and Administration(128);
(d) Committee on Market Access(129);
(e) Committee on Trade and Environment(130); and
(f) Committee on Regional Trade Agreements.(131) (a) Committee on Trade and Development (i) Establishment and terms of reference 79. The General Council established the Committee on Trade and Development on 31 January 1995, with the following terms of reference: “1. To serve as a focal point for consideration and coordination of work on development in the World Trade Organization (WTO) and its relationship to development-related activities in other multilateral agencies.(132)
2. To keep under continuous review the participation of developing country Members in the multilateral trading system and to consider measures and initiatives to assist developing country Members, and in particular the least-developed country Members, in the expansion of their trade and investment opportunities, including support for their measures of trade liberalization.(133)
3. To review periodically, in consultation as appropriate with the relevant bodies of the WTO, the application of special provisions in the Multilateral Trade Agreements and related Ministerial Decisions in favour of developing country Members, and in particular least-developed country Members, and report to the General Council for appropriate action.
4. To consider any questions which may arise with regard to either the application or the use of special provisions in the Multilateral Trade Agreements and related Ministerial Decisions in favour of developing country Members and report to the General Council for appropriate action.
5. To provide guidelines for, and to review periodically, the technical cooperation activities of the WTO(134) as they relate to developing country Members.
6. The Committee will establish a programme of work which may be reviewed as necessary each year.”(135) 80. At the Doha Ministerial Conference, Members decided that the Committee on Trade and Development should act as a forum to identify and debate developmental aspects of the new negotiations.(136) (ii) Rules of procedure and observer status 81. The General Council approved the rules of procedure for the Committee on Trade and Development(137), on 15 November 1995. The rules were adopted by the committee on 5 July 1995.(138) 82. Several intergovernmental organizations have been given observer status in the Committee on Trade and Development and the Sub-Committee on Least Developed Countries (see paragraph 84 below).(139) 83. The Committee on Trade and Development reports to the General Council on an annual basis.(140) Establishment of the Sub-Committee on Least-Developed Countries 84. The Committee on Trade and Development adopted the decision establishing the Sub-Committee on Least-Developed Countries(141) on 5 July 1995 with the following terms of reference: “(a) to give particular attention to the special and specific problems of least-developed countries;
(b) to review periodically the operation of the special provisions in the Multilateral Trade Agreements and related Ministerial Decisions in favour of the least-developed country Members;
(c) to consider specific measures to assist and facilitate the expansion of the least-developed countries’ trade and investment opportunities, with a view to enabling them to achieve their development objectives;(142) and,
(d) to report to the Committee on Trade and Development for consideration and appropriate action.”(143) 85. The Sub-Committee on Least-Developed Countries adopted its rules of procedure on 17 October 1995.(144) Work Programme for Least-Developed Countries 86. Pursuant to paragraph 42 of the Doha Declaration the Sub-Committee on Least-Developed Countries was mandated to report to the General Council on an agreed work programme for least-developed countries.(145) With respect to the mandate of the Doha Declaration and the negotiations on least-developed countries, see paragraphs 42–43 of the Doha Declaration in Section XXVII.A below. The work programme for least-developed countries was adopted by the Sub-Committee on Least-Developed Countries on 12 February 2002.(146) 87. The Committee on Trade and Development adopted the Guidelines for WTO Technical Cooperation on 15 October 1996.(147) On 13 December 1996, the Singapore Ministerial Conference adopted the Comprehensive and Integrated WTO Plan of Action for the Least-Developed Countries(148), prepared by the Committee on Trade and Development. The Plan of Action “offers a comprehensive approach and includes measures relating to the implementation of the Decision in Favour of Least-Developed Countries(149), as well as in the areas of capacity-building and market access from a WTO perspective.”(150) 88. Also, on the basis of a recommendation by the Committee on Trade and Development(151), the Singapore Ministerial Conference agreed to “organize a meeting with UNCTAD and the International Trade Centre in 1997, with the participation of aid agencies, multilateral financial institutions and least-developed countries to foster an integrated approach to assist these countries enhance their trading opportunities.”(152) On 27–28 October 1997, the High-Level Meeting on Integrated Initiatives for Least-Developed Countries’ Trade Development was organized jointly by the WTO, UNCTAD and ITC, with the participation of the IMF, UNDP and World Bank.(153) At this High-Level Meeting, Members (i) “endorsed the Integrated Framework for Trade-Related Technical Assistance, including for Human and Institutional Capacity Building, to support Least-Developed Countries in Their Trade and Trade-Related Activities”,(154) (ii) recommended “all WTO Members to keep under active review all options for improving market access for least-developed countries presented in the Comprehensive and Integrated WTO Plan of Action for the Least-Developed Countries and to monitor the implementation of the commitments made in this regard”(155), and (iii) “took note of the two reports and the recommendations” produced in the two roundtable discussions.(156) 89. In 2000, pursuant to the mandate in paragraph 88 above(157), the Sub-Committee on Least-Developed Countries conducted the review of all options for improving market access for least-developed countries presented in the Comprehensive and Integrated WTO Plan of Action for the Least-Developed Countries, and reported it to the Committee on Trade and Development.(158) In addition, pursuant to that mandate, the six core international agencies of the Integrated Framework, i.e. IMF, ITC, UNCTAD, UNDP, World Bank and WTO, conducted the review of the Integrated Framework.(159) In order to implement the decision by the heads of the six core agencies for the Integrated Framework to revamp the Integrated Framework, the Sub-Committee on Least-Developed Countries adopted the Integrated Framework Pilot Scheme.(160) The Pilot Scheme included (i) the recommendation on the establishment of a trust fund(161), and, (ii) the proposal on the establishment of the Integrated Framework Steering Committee and the Inter-Agency Working Group.(162) 90. The Doha Declaration instructed the Director-General to consult with the relevant agencies, bilateral donors and beneficiaries, to identify ways of enhancing and rationalizing the Integrated Framework for Trade-Related Technical Assistance to Least-Developed Countries and the Joint Integrated Technical Assistance Programme (JITAP). The Committee on Budget, Finance and Administration was instructed to develop a plan for adoption by the General Council in December 2001 to ensure long-term funding for WTO technical assistance.(163) 91. On 13 July 2003, the six core agencies issued a joint communiqué that reaffirmed their commitment to providing assistance that would enable the effective integration of least-developed countries into the multilateral trading system.(164) 92. At its meeting of 9–10 February 2004, the Integrated Framework Working Group adopted its work programme in the wake of the second evaluation of the Integrated Framework.(165) The work programme was subsequently approved by the IF Steering Committee at its 11th Session on 13 February 2004.(166) The Integrated Framework Working Group aims to achieve, inter alia, the following by 31 December 2005: (a) “Encourage effective follow-up to the Diagnostic Trade Integration Study (DTIS) in those countries where the studies have been completed(167), as outlined in document WT/LDC/SWG/IF/13. Bilateral and multilateral development partners are urged to work with committed IF partner governments to respond to the trade-related technical assistance priorities identified in the DTIS and its Action Matrix;
(b) undertake new DTIS in countries that have demonstrated clear and strong commitment to mainstream trade into national development plans …”
Favourable and more preferential treatment for developing countries 93. The Comprehensive and Integrated WTO Plan of Action for the Least-Developed Countries (see paragraph 87 above), also includes “provision for taking positive measures, for example duty-free access, on an autonomous basis, aimed at improving their overall capacity to respond to the opportunities offered by the trading system.”(168) At the High-Level Meeting referenced in paragraph 88 above, as well as shortly thereafter, 28 Members announced steps taken, or to be taken to enhance market access for imports from LDCs.(169) 94. Paragraph 42 of the Doha Ministerial Declaration commits WTO Members “to the objective of duty-free, quota-free market access for products originating from LDCs” and “to consider additional measures for progressive improvements in market access for LDCs.”(170) 95. The Decision on Implementation-Related Issues and Concerns combined with paragraph 12 of the Doha Declaration aimed to provide a two-track solution to the issue faced by developing countries of implementing the WTO agreements.(171) 96. As part of the Work Programme adopted by the Sub-Committee on Least-Developed Countries on 28 February 2002(172), it was agreed that the focus would be on: (i) the identification and examination of market access barriers to products of least-developed countries in desired markets; (ii) annual reviews in the Sub-Committee on Least-Developed Countries of market access improvements, market access measures taken by Members; and (iii) examination of possible additional measures for improvement of market access, including elimination of barriers to exports and further improvement of preferential access schemes such the GSP.(173) 97. As of 31 December 2004, the WTO maintains, beyond the specific provisions contained in the WTO Agreement, two additional legal instruments concerning favourable and more preferential treatment for developing countries: (i) the Enabling Clause(174) and (ii) the Waiver on Preferential Tariff Treatment for Least-Developed Countries.(175) With respect to the activities of the Committee on Trade and Development, and the Sub-Committee on Least-Developed Countries concerning the Enabling Clause and the Waiver on Preferential Tariff Treatment for Least-Developed Countries respectively, see Section II.D.3 of the Chapter on the GATT 1994. (v) Reference to GATT practice 98. As regards the Committee on Trade and Development under GATT 1947, see relevant sections of the Chapter on the GATT 1994. (b) Committee on Balance-of-Payments Restrictions (i) Establishment and terms of reference 99. The General Council established the BOPs Committee(176) on 31 January 1995, with the following terms of reference: “(a) to conduct consultations, pursuant to Article XII:4, Article XVIII:12 and the Understanding on the Balance-of-Payments Provisions of the General Agreement on Tariffs and Trade 1994, on all restrictive import measures taken or maintained for balance-of-payments purposes and, pursuant to Article XII:5 of the General Agreement on Trade in Services, on all restrictions adopted or maintained for balance-of-payments purposes on trade in services on which specific commitments have been undertaken; and,
(b) to carry out any additional functions assigned to it by the General Council.”(177) 100. The General Council approved the rules of procedure for the BOPs Committee at its meeting of 13 and 15 December 1995.(178) 101. The BOPs Committee reports to the General Council on an annual basis. 102. With respect to the activities of the BOPs Committee, see Article XVIII:C of the Chapter on the GATT 1994. (c) Committee on Budget, Finance and Administration (i) Establishment and terms of reference 103. The General Council established the BFA Committee(179) at its meeting of 31 January 1995, with the following the terms of reference: “(i) To examine any questions arising in connection with the audited accounts, proposals for the budgets of the WTO and [of the International Trade Centre UNCTAD/WTO, and](180) the financing thereof.
(ii) To study any financial and administrative questions which may be referred to it by the Ministerial Conference or the General Council, or submitted to it by the Director-General, and undertake such other studies as may be assigned to it by the Ministerial Conference or the General Council.”(181) 104. At its meeting of 17 February 1995, the Chairman of the General Council suggested that the BFA Committee follow the rules of procedure for the General Council, except for voting procedures. The BFA Committee agreed to work by consensus.(182) 105. The BFA Committee submits annual reports to the General Council. 106. With respect to the activities of the BFA Committee, see paragraphs 147–153 below. (d) Committee on Market Access (i) Establishment and terms of reference 107. The General Council established the Committee on Market Access(183) on 31 January 1995, with the following terms of reference: “(a) in relation to market access issues not covered by any other WTO body:
(b) [to] oversee the application of procedures for modification or withdrawal of tariff concessions;
(c) [to] ensure that GATT Schedules are kept up-to-date, and that modifications, including those resulting from changes in tariff nomenclature, are reflected;
(d) [to] conduct the updating and analysis of the documentation on quantitative restrictions and other non-tariff measures, in accordance with the timetable and procedures agreed by the CONTRACTING PARTIES in 1984 and 1985 (BISD 31S/227 and 228, and BISD 32S/92 and 93);
(e) [to] oversee the content and operation of, and access to, the Integrated Data Base;
(f) [to] report periodically — and in any case not less than once a year — to the Council on Trade in Goods.”(184) 108. On 1 December 1995, the Council for Trade in Goods approved the rules of procedure for meetings of the Committee on Market Access.(185) 109. The Committee on Market Access reports to the Council for Trade in Goods on an annual basis.(186) It also reports to the Council for Trade in Goods on a periodic basis.(187) 110. With respect to the activities of the Committee on Market Access, see Sections III.C.1.(d) and XII.C.3 of the Chapter on the GATT 1994. 111. With regard to the Integrated Data Base (IDB) and the Consolidated Tariff Schedules (CTS) database, the Committee on Market Access decided that providing broader access to the information in the IDB and the CTS database would contribute to the effective delivery of market access-related technical assistance to developing and least developed countries. In order to achieve this, it adopted a dissemination policy(188) which draws upon the IDB dissemination practices(189) focused on the accessibility of IDB and CTS information via the Internet and on the distribution of CD-ROMs. (e) Committee on Trade and Environment (i) Establishment and terms of reference 112. Pursuant to the Marrakesh Ministerial Decision on Trade and Environment, the General Council established the Committee on Trade and Environment on 31 January 1995 with the following terms of reference: “(a) [T]o identify the relationship between trade measures and environmental measures, in order to promote sustainable development;
(b) [T]o make appropriate recommendations on whether any modifications of the provisions of the multilateral trading system are required, compatible with the open, equitable and non-discriminatory nature of the system, as regards, in particular:
113. The Council for Trade in Services, pursuant to the Ministerial Decision on Trade in Services and the Environment, requested the Committee on Trade and Environment to examine and report on the relationship between trade in services and the environment on 1 March 1995. See also Section XVII.B.1(b) of the Chapter on the GATS. 114. In practice, the Committee on Trade and Environment follows the rules of procedure adopted by the General Council.(191) 115. The Committee on Trade and Environment reports to the General Council on an annual basis.(192) 116. See paragraphs 31–33 of Section XXVII.A below (Doha Declaration). See also the relevant committee reports.(193) (f) Committee on Regional Trade Agreements (i) Establishment and terms of reference 117. The General Council established the Committee on Regional Trade Agreements (Committee on RTAs)(194) on 6 February 1996 with the following terms of reference: “(a) to carry out the examination of agreements in accordance with the procedures and terms of reference adopted by the Council for Trade in Goods, the Council for Trade in Services or the Committee on Trade and Development, as the case may be, and thereafter present its report to the relevant body for appropriate action;(195)
(b) to consider how the required reporting on the operation of such agreements should be carried out and make appropriate recommendations to the relevant body;
(c) to develop, as appropriate, procedures to facilitate and improve the examination process;
(d) to consider the systemic implications of such agreements and regional initiatives for the multilateral trading system and the relationship between them, and make appropriate recommendations to the General Council; and
(e) to carry out any additional functions assigned to it by the General Council.”(196) 118. The Committee on RTAs adopted its rules of procedure on 2–3 July 1996,, which provide, inter alia, that the rules of procedure for meetings of the General Council shall apply, mutatis mutandis, for meetings of the Committee on RTAs, with some exceptions.(197) 119. The Committee on RTAs reports to the General Council on an annual basis.(198) 120. In accordance with recommendations adopted by the Council for Trade in Goods on how to comply with the reporting requirements on the operation of RTAs,(199) the Committee on RTAs presented schedules for the submission of biennial reports at its 20th, 28th and 35th Sessions (respectively in December 1998, February 2001 and December 2003).(200) 121. Under point 1(a) of its terms of reference (see paragraph 117 above), the Councils or the Committee will adopt separate terms of reference for the examination of each regional trade agreement in the Committee on RTAs.(201) With respect to the examination tasks of the Committee on RTAs, see Sections XXV.D(1)(a) and Annexes I–IV of the Chapter on the GATT 1994. Also see Sections VII.B(2) and VII.C-D of the Chapter on the GATS. 122. On 20 February 1998, under item 1(b) of its terms of reference, the Committee adopted recommendations to the Council for Trade in Goods, Council for Trade in Services and the Committee on Trade and Development on how the required reporting on the operation of regional trade agreements should be carried out.(202) In November 1998, the relevant bodies acted on these recommendations; see paragraph 120 above and Article I of the Chapter on the GATT 1994, for action taken by the Committee on Trade and Development; Article XXIV for action taken by the Council for Trade in Goods; and Article V of the Chapter on the GATS, for action taken by the Council for Trade in Services. 123. As regards the number of regional trade agreements notified to the GATT/WTO and under examination in the Committee on RTAs, see Section XXV.D.4 of the Chapter on the GATT 1994.
Procedures for the examination of RTAs 124. The following procedures apply to the examination of RTAs notified to the WTO(203):
125. The report by the Committee on RTAs on a given agreement is sent to the WTO body which mandated the examination, for adoption.(206) (g) Trade Negotiations Committee (TNC) 126. The Doha Ministerial Declaration(207) provided that the overall conduct of the negotiations shall be supervised by the TNC under the authority of the General Council. The TNC was also mandated to establish appropriate negotiating mechanisms as required and supervise the progress of the negotiations.(208) Accordingly, at its first meeting held on 28 January and 1 February 2002(209), and on the basis of proposals made by the Chairman of the General Council, the TNC appointed the Director-General in an ex officio capacity to chair the TNC until the deadline established in the Doha Declaration for concluding the negotiations, i.e. 1 January 2005 (see paragraph 45 of the Doha Declaration in Section XXVII.A below). 127. At the TNC’s first meeting, Members also agreed to a comprehensive structure comprising a number of groups and bodies to organize the negotiations. According to this arrangement, each negotiating body would be responsible for the work on one or more(210) of the topics listed in the Work Programme of the Doha Declaration (see paragraphs 12–44 of the Doha Declaration in Section XXVII.A below). The TNC established the following Special Sessions and Negotiating Groups to carry out the work under the Doha mandate:
(a) Bodies provided for under Plurilateral Trade Agreements (i) International Dairy Council 128. As regards the establishment, activities and termination of the International Dairy Council, see Article VII and relevant paragraphs of the Chapter on the International Dairy Agreement. (ii) International Meat Council 129. With respect to the establishment, activities and termination of the International Meat Council, see Article IV and relevant paragraphs of the Chapter on the International Bovine Meat Agreement. (iii) Committee on Trade in Civil Aircraft 130. As regards the establishment and activities of the Committee on Trade in Civil Aircraft, see relevant paragraphs of the Chapter on the Agreement on Trade in Civil Aircraft. 131. The Committee on Trade in Civil Aircraft reports to the General Council on an annual basis.(218) (iv) Committee on Government Procurement 132. Regarding the establishment and activities of the Committee on Government Procurement, see Article XXI and relevant paragraphs of the Chapter on the Agreement on Government Procurement. 133. The Committee on Government Procurement reports to the General Council on an annual basis, from its inception in 1996.(219)
Footnotes:
33. WT/MIN(96)/DEC. back
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