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The Doha Work Programme:
Time Limits and Progress


April 2003

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I. Introduction

The negotiating mandate contained in the Doha Ministerial Declaration covers a number of areas of particular interest to the Less-Advantaged Countries (LACs), including those without representation in Geneva. However, non-resident countries find it difficult to direct their resources adequately so as to be able to intervene before important decisions are taken in their absence.

This document, which forms part of the AITIC Non-Residents’ Programme, addresses these problems by furnishing Non-Residents with an exhaustive list of the time limits contained in the Doha Work Programme. To make the document easier to use, traffic light colour coding has been used (red, amber and green). The list therefore not only provides advance warning of crucial decision-making dates but also measures the progress of work against what was foreseen at the Doha Ministerial Conference.

The following document is divided into two parts:

● A first part which recaps the most important dates relating to negotiations within the framework of the Doha Ministerial Declaration.

● A second part which summarises the most important dates concerning implementation issues within the framework of the Decision on Implementation-Related Issues and Concerns and that of the Declaration on the TRIPS Agreement and public health.

II. Summary of the Most Important Dates Relating to Negotiations within the Framework of the Doha Work Programme [Note 1]



 

Time Limits
Subjects
(Negotiations within the Framework of the Doha Ministerial Declaration)
Observations
Sources


*

30 June 2002

Services: Initial requests for specific commitments (liberalisation measures that countries wish to obtain from their partners).

Approximately 30 member countries

–including some developing countries–have submitted initial requests for specific commitments. This is essentially a bilateral process.

Paragraph 15 of the Doha Ministerial Declaration.

20 September 2002

Trade-Related aspects of Intellectual Property Rights (TRIPS): Suggested time limit for submitting proposals on establishing a multilateral system for notifying and registering geographical indications for wines and spirits.

Negotiations on this issue are currently taking place, based on the Chairman’s draft paper JOB(02)/49. So far, no consensus has emerged.

● Paragraph 18 of the Doha Ministerial Declaration

● See also TN/IP/5.


*

February 2003

Accession of LDCs: The General Council should have received a report from the Chairman of the Sub-Committee for LDCs with concrete recommendations relating to the implementation of the commitment made to facilitate and accelerate negotiations with acceding LDCs.

Following the recommendations of the Sub-Committee for LDCs, the General Council adopted a text containing guidelines aimed at facilitating and accelerating negotiations with acceding LDCs.

● Paragraph 42 of the Doha Ministerial Declaration.

● See also JOB (02)/78/Rev.1. and WT/L/508

31 March 2003

Agriculture: Establishing modalities for further commitments, including the provisions for special and differential treatment.

A draft schedule of these modalities for further commitments is available (see TN/AG/W/1 of 17 February 2003 and TN/AG/W/1/Rev.1 of 18 March 2003). Nevertheless, it has proved impossible to respect the deadline.

Paragraph 14 of the Doha Ministerial Declaration.


*

31 March 2003

Services: Submission of initial market access concessions (liberalisation commitments that countries are prepared to offer their trading partners).

This is essentially a bilateral process.

Paragraph 15 of the Doha Ministerial Declaration.

31 May 2003

Market access for non-agricultural products: Agreement on the modalities of negotiations.

The Chairman of the group submitted a document on draft elements of modalities for negotiations on non-agricultural products (TN/MA/W/35) on 16 May 2003. It was discussed at the Negotiating Group on Market Access meeting on 26-28 May 2003 but no consensus was reached. Therefore, the 31 May 2003 deadline could not be met and no further deadline has been established to date. Consultations will nonetheless continue between June and July and the next meeting of the Negotiating Group on Market Access will be held on 18-20 August 2003.

● Paragraph 16 of the Doha Ministerial Declaration.

● See consolidated overview of proposals. (TN/MA/6/Rev.1).

31 May 2003

The Dispute Settlement Understanding: Target date for concluding an agreement on improvements and clarifications to be made to the Dispute Settlement Understanding.

The Chairman of the Special Session of the Dispute Settlement Body (DSB) submitted a draft text on clarifications and improvements of the Dispute Settlement Understanding (JOB(03)/91) on 16 May 2003. However, Members could not reach agreement on this text during the Special Session of the DSB held on 28 May 2003 and thus the 31 May 2003 deadline could not be met. Members of the WTO will continue consultations over the Chairman's text to reach an agreement. Notably, paragraph 47 of the Doha Ministerial Declaration states that the improvements and clarifications of the Dispute Settlement Understanding are not part of the single undertaking.

● Paragraphs 30 and 47 of the Doha Ministerial Declaration.

● See consolidated overview of proposals. (Job(03)/10/Rev.1).

Cancún Ministerial Conference, 10-14 September 2003

Taking stock of the negotiations: The 5th Session of the Ministerial Conference will take stock of progress in the negotiations, provide any necessary political guidance, and take decisions as necessary. 

 

● Paragraph 45 of the Doha Ministerial Declaration.

● See also JOB(02)/78/Rev.1.

Cancún Ministerial Conference, 10-14 September 2003

Agriculture: Submission of comprehensive draft Schedules based on modalities (which should have been adopted in March 2003), including provisions for special and differential treatment.

 

Paragraph 14 of the Doha Ministerial Declaration.

Cancún Ministerial Conference, 10-14 September 2003

TRIPS: Concluding negotiations establishing a multilateral system of notification and registration of geographical indications for wines and spirits.

 

Paragraph 18 of the Doha Ministerial Declaration.

Cancún Ministerial Conference, 10-14 September 2003

Accession of LDCs: Director-General’s report on “the implementation of the commitment made by Ministers to facilitate and accelerate the accession of LDCs”.

 

● Paragraph 42 of the Doha Ministerial Declaration.

● See also JOB (02)/78/Rev.1.

Cancún Ministerial Conference, 10-14 September 2003

Relationship between Trade and Investment

Launching negotiations “on the basis of a decision to be taken, by explicit consensus, at that session on modalities of negotiations.”

Paragraph 20 of the Doha Ministerial Declaration.

Interaction between Trade and Competition Policy

Paragraph 23 of the Doha Ministerial Declaration.

Transparency in Government Procurement

Paragraph 26 of the Doha Ministerial Declaration.

Trade Facilitation

Paragraph 27 of the Doha Ministerial Declaration.

Cancún Ministerial Conference, 10-14 September 2003

Trade and Environment: The Committee on Trade and Environment will report and make recommendations, where appropriate, with respect to future action, including the desirability of negotiations.

 

Paragraph 32 of the Doha Ministerial Declaration.

Cancún Ministerial Conference, 10-14 September 2003

Trade, Debt and Finance

The General Council will report on progress in the examination of these questions.

Paragraph 36 of the Doha Ministerial Declaration.

Trade and Transfer of Technology

Paragraph 37 of the Doha Ministerial Declaration.

Electronic Commerce

Paragraph 34 of the Doha Ministerial Declaration.

Cancún Ministerial Conference, 10-14 September 2003

Small Economies: General Council recommendations for action.

 

Paragraph 35 of the Doha Ministerial Declaration.

 

1 January 2005

Conclusion of the Negotiations Held under the Terms of the Doha Ministerial Declaration.

 

Paragraph 45 of the Doha Ministerial Declaration.


III. Summary of the Most Important Dates Concerning Implementation-Related Issues within the Framework of the Doha Work Programme



 

Time Limits
Subjects
(Implementation)
Observations
Sources

31 July 2002

Special and Differential Treatment (S&D): The Committee on Trade and Development (CTD) in Special Session was instructed to report to the General Council by 31 July 2002 on the implementation of special and differential treatment provisions with a view to strengthening them and making them more precise, effective and operational.

Since it proved impossible to keep to the 31 July 2002 time limit, given differences of opinion on issues of importance, the General Council extended the time limit for a second time to 31 December 2002. The time limit was extended for a third time to 10 February 2003, although members were unable to agree on clear recommendations for reaching a decision. Given the lack of consensus, even with regard to the nature and range of the mandate, the General Council, which met on 10 February 2003, instructed the Special Session of the CTD to pursue its consultations.

● Paragraph 44 of the Doha Ministerial Declaration and paragraph 12.1 the Decision on Implementation-Related Issues and Concerns.

● See also WT/GC/M/78 and TN/CTD/7.

31 July 2002

Agreement on Textiles and Clothing: The Council for Trade in Goods was requested to report to the General Council on implementation issues relating to the calculation of quota levels for the remaining years of the Agreement.

Fundamental differences in outlook and interpretation emerged between members, which made it impossible for the Chairman of the Council for Trade in Goods to present a report and recommendations to the General Council. The Chairman of the General Council requested that the delegations pursue their examination of this issue. There has, however, been little progress in this area over the past few months.

● Paragraphs 4.4 et 4.5 of the Decision on Implementation-Related Issues and Concerns.

● See also WT/GC/M/75 et G/C/M/64.

31 July 2002

Subsidies and Countervailing Measures:

The Committee on Subsidies and Countervailing Measures reported to the General Council regarding countervailing duty investigations, within the framework of implementation-related issues.

The Committee was unable to present a consensus-based report to the General Council, and could only deliver a paper drawn up by the Chairman. The matter of whether the Committee could or should continue to exist once it reaches the end of its mandate on 31 July 2002 remains unresolved, some considering the mandate to have been fulfilled, whilst others feel that the issues relating to countervailing rights remain outstanding.

● Paragraph 10.3 of the Decision on Implementation-Related Issues and Concerns.

● See also WT/GC/M/75 and G/SCM/45.

31 July 2002

Rules of Origin: The Committee on Rules of Origin has reported and made recommendations in response to the outstanding issues.

The report and recommendations presented by the Chairman of the Committee on Rules of Origin have not, however, been able to resolve all the outstanding issues. These having been referred back to the General Council, the latter has set itself the objective of reaching a decision on essential trade policy issues during its July 2003 Session. With regard to technical matters, work on these will have to be concluded by 31 December 2003.

● Paragraph 9.1 of the Decision on Implementation-Related Issues and Concerns.

● See also G/RO/52 and WT/GC/M/75.

15-16 October 2002

Agriculture: The General Council has received reports from the Committee on Agriculture concerning two issues linked to implementation: 1. Export and insurance credits; and 2. The Marrakech Decision on Measures Concerning the Possible Negative Effects of the Reform Programme on Least-Developed and Net Food-Importing Developing Countries.

The Committee on Agriculture is continuing its work on the issue of implementing Article 10:2 of the Agreement on Agriculture.

The General Council has approved some of the recommendations in the report submitted by the Inter-Agency Panel. The report is being re-examined, particularly with regard to the issue of knowing whether an ex ante financing mechanism aimed at food importers is feasible.

● Paragraph 2.2 of the Decision on Implementation-Related Issues and Concerns.

● See also G/AG/11, WT/GC/W/480, G/AG/14 (Chairman’s report) and WT/GC/62-G/AG/13 (report by the Inter-Agency Panel).

End 2002

TRIPS: The TRIPS Council presented an interim report to the General Council on developing discussions on production capacity in the pharmaceutical sector and the actual use of compulsory licensing.

Members were unable to reach a consensus on this issue, as the United States opposed the adoption of a draft decision. Two time limit extensions, the last set for 18 February 2003, have not enabled the discord to be overcome.

Paragraph 6 of the Declaration on the TRIPS Agreement and Public Health.

● See also JOB(02)/78/Rev.1


*

End 2002

TRIPS: Members from developed countries were meant to present detailed reports up to the end of 2002 on the functioning in practice of the incentives provided to their enterprises for the transfer of technology, in pursuance of their commitments under Article 66.2 (least-developed countries) of the TRIPS Agreement.

To date, Australia, Canada, the European Communities and their member States, Japan, New Zealand, Norway and Switzerland have provided the information requested (distributed under reference IP/C/W/388 and addenda). The TRIPS Council, through its Decision of 19 February 2003 (IP/C/28), stated that members from developed countries would present a new detailed report on the incentives they have provided or plan to provide every three years.

Paragraph 11.2 of the Decision on Implementation-Related Issues and Concerns.

End 2002

TRIPS: The Council for TRIPS was meant to report to the Trade Negotiations Committee on the extension of the protection of geographical indications to products other than wines and spirits.

Given the marked divisions between members on the question of how to begin negotiations on extending the protection of geographical indications, it has not yet been possible to execute this mandate.

Paragraphs 12 and 18 of the Doha Ministerial Declaration.


*

End 2002

LDCs: As foreseen and following coordination with the Secretariat heads of other agencies participating in the Integrated Framework, the Director-General presented an interim report to the General Council on all issues affecting LDCs.

A full report will be presented to Ministers at the 5th Ministerial Conference.

● Paragraph 43 of the Doha Ministerial Declaration.

● See the interim report (WT/GC/W/485).

End 2002

Outstanding Implementation Issues: In accordance with paragraph 12(b) of the Doha Ministerial Declaration, the Trade Negotiations Committee has received reports from WTO bodies tasked with examining these matters, where no specific negotiating mandate had been provided for, with a view to taking appropriate action.

The following reports have been presented to the Trade Negotiation Committee:

● Council for Trade in Goods (G/L/588)

● BOP Committee (WT/BOP/R/66)

● Committee on Trade and Development (WT/COMTD/45)

● Committee for Customs Valuation (G/VAL/49)

● Committee for Market Access (G/MA/118)

● SPS Committee (G/SPS/24)

● TBT Committee (G/TBT/W/191)

● The Committee on Safeguards (G/SG/59)

The presentation of these reports does not mean that all the issues relating to implementation have been resolved. Perusal of the reports reveals that some issues are still outstanding.

● Paragraph 12 of the Doha Ministerial Declaration.

● Paragraph 13 of the Decision on Implementation-Related Issues and Concerns.

● The complete list of outstanding issues is contained in document JOB(01)/152/Rev.1.


*

End 2002

Technical Cooperation and Capacity Building: The Director-General presented an interim report to the General Council (WT/GC/W/484) on the implementation and adequacy of the commitments to technical cooperation and capacity building featured in the Doha Ministerial Declaration.

A full report will be presented to Ministers during the 5th Ministerial Conference.

● Paragraph 41 of the Doha Ministerial Declaration.

● See also JOB(02)/78/Rev.1.

End 2002

Anti-dumping measures: The Committee on Anti-Dumping Practices was instructed through its Working Group on Implementation to draw up recommendations to the General Council on the following issues:

● The modalities for the application of Article 15 (developing countries) of the Agreement on Implementing Article VI of the General Agreement on Tariffs and Trade 1994 (the Anti-Dumping Agreement).

● The time frame to be used in determining the volume of dumped imports (Article 5.8 of the Anti-Dumping Agreement).

● Guidelines for the improvement of annual reviews set out in Article 18.6 of the Anti-Dumping Agreement.

The recommendations of the Committee regarding Articles 18.6 and 5.8 of the Anti-Dumping Agreement were accepted by the General Council. Given the disparity of views on Article 15, the Committee failed to build the consensus required for a recommendation.

● Paragraphs 7.2 to 7.4 of the Decision on Implementation-Related Issues and Concerns.

● See also JOB(02)/78/Rev.1, G/ADP/10 et G/ADP/11.

End 2002

Market Access:  The Committee on Market Access was directed to report to the General Council on the meaning to be given to the phrase “substantial interest” in relation to the non-discriminatory application of quantitative restrictions in accordance with Article XIII of the GATT 1994. 

This issue has yet to be resolved. The Committee has referred the matter back to the General Council for consideration.

● Paragraph 1.2 of the Decision on Implementation-Related Issues and Concerns.

● See also JOB(02)/78/Rev.1 et G/MA/119

End 2002

Customs Valuation: The Committee on Customs Valuation was directed to report to the General Council on the concerns of several importing members regarding the accuracy of the declared value, including the exchange of information on export values.

The Committee was unable to provide a consensus-based answer to this issue. It requested contributions and technical advice from the Technical Committee to enable a more fundamental evaluation of communications and opinions. The General Council gave its approval for the Committee on Customs Valuation to instruct the Technical Committee to conclude its work and report no later than 15 May 2003.

● Paragraph 8.3 of the Decision on Implementation-Related Issues and Concerns.

● See also JOB(02)/78/Rev.1, WT/GC/M/77 and G/VAL/50 (report to the General Council).

End 2002

Rules of Origin: Completion of the Work Programme on non-preferential rules of origin.

The end December 2002 time limit for completion of the harmonisation work programme on rules of origin has proved impossible to keep to. A new July 2003 time limit has been set for completing negotiations on important issues of trade policy identified in the report, dated 15 July 2002 (G/RO/52), submitted by the Committee on Rules of Origin to the General Council.

● Paragraph 9.1 of the Decision on Implementation-Related Issues and Concerns.

● See also

WT/GC/M/75.

1 January 2003

Agreement on Subsidies and Countervailing Measures: The Committee on Subsidies and Countervailing Measures was to have adopted an appropriate methodology to calculate the constant 1990 dollars, in relation to the exemption of some developing countries from the prohibition of export subsidies.

Since no proposal had been submitted for calculating the constant 1990 dollars before the 1 January 2003 time limit, the methodology suggested by the Chairman of the Committee (see Appendix 2 of document G/SCM/38) will be applied.

Paragraph 10.1 of the Decision on Implementation-Related Issues and Concerns.

Cancún Ministerial Conference, 10-14 September 2003

LDCs: Full report of the Director-General on all matters affecting LDCs, following consultation with Secretariat heads of other agencies participating in the Integrated Framework.

 

Paragraph 43 of the Doha Ministerial Declaration.

Cancún Ministerial Conference, 10-14 September 2003

Technical Cooperation and Capacity-Building: Following the December 2002 interim report, the Director-General will present a second report on the implementation and adequacy of the commitments made under various paragraphs of the Doha Ministerial Declaration on technical cooperation and capacity building.

 

Paragraph 41 of the Doha Ministerial Declaration.

Cancún Ministerial Conference, 10-14 September 2003

TRIPS: The TRIPS Council is directed to make recommendations on the issue of non-violation complaints  (Article XXIII of GATT).

This is a matter of determining to what extent it would be feasible and how to effectively go about lodging non-violation complaints.

Paragraph 11.1 of the Decision on Implementation-Related Issues and Concerns.

 

No time limit

TRIPS: The TRIPS Council has to examine the relationship between the TRIPS Agreement and the Convention on Biological Diversity, the protection of traditional knowledge and folklore.

 

Paragraph 19 of the Doha Ministerial Declaration.



Note 1: The time limits preceded by the symbol have already gone by. Those bearing the symbol will run out during the current trimester and those with the symbol during the trimester following. For easy reference, a * also appears when a deadline has been achieved on time. (return to text) 

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