World Trade Organization
World Trade Organization Ministerial Conference
Fourth Session
Doha, 9 - 14 November 2001
WT/MIN(01)/DEC/W/1
MINISTERIAL DECLARATION
1. The multilateral
trading system embodied in the World Trade Organization has contributed
significantly to economic growth, development and employment throughout the
past fifty years. We are determined, particularly in the light of the
global economic slowdown, to maintain the process of reform and
liberalization of trade policies, thus ensuring that the system plays its
full part in promoting recovery, growth and development. We therefore
strongly reaffirm the principles and objectives set out in the Marrakesh
Agreement Establishing the World Trade Organization, and pledge to reject
the use of protectionism.
2. International trade
can play a major role in the promotion of economic development and the
alleviation of poverty. We recognize the need for all our peoples to
benefit from the increased opportunities and welfare gains that the
multilateral trading system generates. The majority of WTO Members are
developing countries. We seek to place their needs and interests at
the heart of the Work Programme adopted in this Declaration. Recalling
the Preamble to the Marrakesh Agreement, we shall continue to make positive
efforts designed to ensure that developing countries, and especially the
least-developed among them, secure a share in the growth of world trade
commensurate with the needs of their economic development. In this
context, enhanced market access, balanced rules, and well targeted,
sustainably financed technical assistance and capacity-building programmes
have important roles to play.
3. We recognize the
particular vulnerability of the least-developed countries and the special
structural difficulties they face in the global economy. We are
committed to addressing the marginalization of least-developed countries in
international trade and to improving their effective participation in the
multilateral trading system. We recall the commitments made by
Ministers at our meetings in Marrakesh, Singapore and Geneva, and by the
international community at the Third UN Conference on Least-Developed
Countries in Brussels, to help least-developed countries secure beneficial
and meaningful integration into the multilateral trading system and the
global economy. We are determined that the WTO will play its part in
building effectively on these commitments under the Work Programme we are
establishing.
4. We stress our
commitment to the WTO as the unique forum for global trade rule-making and
liberalization, while also recognizing that regional trade agreements can
play an important role in promoting the liberalization and expansion of
trade and in fostering development.
5. We are aware that the
challenges Members face in a rapidly changing international environment
cannot be addressed through measures taken in the trade field alone.
We shall continue to work with the Bretton Woods institutions for greater
coherence in global economic policy-making.
6. We strongly reaffirm
our commitment to the objective of sustainable development, as stated in the
Preamble to the Marrakesh Agreement. We are convinced that the aims of
upholding and safeguarding an open and non-discriminatory multilateral
trading system, and acting for the protection of the environment and the
promotion of sustainable development can and must be mutually supportive.
We take note of the efforts by Members to conduct national environmental
assessments of trade policies on a voluntary basis. We recognize that
under WTO rules no country should be prevented from taking measures for the
protection of human, animal or plant life or health, or of the environment
at the levels it considers appropriate, subject to the requirement that they
are not applied in a manner which would constitute a means of arbitrary or
unjustifiable discrimination between countries where the same conditions
prevail, or a disguised restriction on international trade, and are
otherwise in accordance with the provisions of the WTO Agreements. We
welcome the WTO´s continued cooperation with UNEP and other
inter-governmental environmental organizations. We encourage efforts
to promote cooperation between the WTO and relevant international
environmental and developmental organizations, especially in the lead-up to
the World Summit on Sustainable Development to be held in Johannesburg,
South Africa, in September 2002.
7. We reaffirm the right
of Members under the General Agreement on Trade in Services to regulate, and
to introduce new regulations on, the supply of services.
8. We reaffirm our
declaration made at the Singapore Ministerial Conference regarding
internationally recognized core labour standards. We take note of work
under way in the International Labour Organization (ILO) on the social
dimension of globalization.
9. We note with
particular satisfaction that this Conference has completed the WTO accession
procedures for China and Chinese Taipei. We also welcome the accession
as new Members, since our last Session, of Albania, Croatia, Georgia,
Jordan, Lithuania, Moldova and Oman, and note the extensive market-access
commitments already made by these countries on accession. These
accessions will greatly strengthen the multilateral trading system, as will
those of the 28 countries now negotiating their accession. We
therefore attach great importance to concluding accession proceedings as
quickly as possible. In particular, we are committed to accelerating
the accession of least-developed countries.
10. Recognizing the challenges
posed by an expanding WTO membership, we confirm our collective
responsibility to ensure internal transparency and the effective
participation of all Members. While emphasizing the intergovernmental
character of the organization, we are committed to making the WTO's
operations more transparent, including through more effective and prompt
dissemination of information, and to improve dialogue with the public.
We shall therefore at the national and multilateral levels continue to
promote a better public understanding of the WTO and to communicate the
benefits of a liberal, rules-based multilateral trading system.
11. In view of these
considerations, we hereby agree to undertake the broad and balanced Work
Programme set out below. This incorporates both an expanded
negotiating agenda and other important decisions and activities necessary to
address the challenges facing the multilateral trading system.
WORK PROGRAMME
Implementation-Related Issues and Concerns
12. We attach the utmost
importance to the implementation-related issues and concerns raised by
Members and are determined to find appropriate solutions to them. 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/MIN(01)/W/10 to
address a number of implementation problems 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
issues 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.
Agriculture
13. We recognize the work
already undertaken in the negotiations initiated in early 2000 under Article
20 of the Agreement on Agriculture, including the large number of
negotiating 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 system 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: substantial 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 that 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
commitments and as appropriate in the rules and disciplines to be
negotiated, so as to be operationally effective and to enable developing
countries to effectively take account of their development needs, including
food security and rural development. We take note of the non-trade
concerns 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.
Services
15. The negotiations on trade
in services shall be conducted with a view to promoting the economic growth
of all trading partners and the development of developing and
least-developed countries. We recognize the work already undertaken in
the negotiations, initiated in January 2000 under Article XIX of the General
Agreement on Trade in Services, and the large number of proposals submitted
by Members on a wide range of sectors and several horizontal issues, as well
as on movement of natural persons. We reaffirm the Guidelines and
Procedures for the Negotiations adopted by the Council for Trade in Services
on 28 March 2001 as the basis for continuing the negotiations, with a view
to achieving the objectives of the General Agreement on Trade in Services,
as stipulated in the Preamble, Article IV and Article XIX of that Agreement.
Participants shall submit initial requests for specific commitments by 30
June 2002 and initial offers by 31 March 2003.
Market Access for Non-agricultural Products
16. We agree to negotiations
which shall aim, by modalities to be agreed, to reduce or as appropriate
eliminate tariffs, including the reduction or elimination of tariff peaks,
high tariffs, and tariff escalation, as well as non-tariff barriers, in
particular on products of export interest to developing countries.
Product coverage shall be comprehensive and without a priori exclusions. The negotiations shall take fully into account the special
needs and interests of developing and least-developed country participants,
including through less than full reciprocity in reduction commitments, in
accordance with the relevant provisions of Article XXVIII bis of GATT
1994 and the provisions cited in paragraph 50 below. To this end, the
modalities to be agreed will include appropriate studies and
capacity-building measures to assist least-developed countries to
participate effectively in the negotiations.
Trade-Related Aspects of Intellectual Property Rights
17. We stress the importance we
attach to implementation and interpretation of the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) in a
manner supportive of public health, by promoting both access to existing
medicines and research and development into new medicines and, in this
connection, are adopting a separate Declaration.
18. With a view to completing
the work started in the Council for Trade-Related Aspects of Intellectual
Property Rights (Council for TRIPS) on the implementation of Article 23.4,
we agree to negotiate the establishment of a multilateral system of
notification and registration of geographical indications for wines and
spirits by the Fifth Session of the Ministerial Conference. We note
that issues related to the extension of the protection of geographical
indications provided for in Article 23 to products other than wines and
spirits will be addressed in the Council for TRIPS pursuant to paragraph 12
of this Declaration.
19. We instruct the Council for
TRIPS, in pursuing its work programme including under the review of Article
27.3(b), the review of the implementation of the TRIPS Agreement under
Article 71.1 and the work foreseen pursuant to paragraph 12 of this
Declaration, to examine, inter alia, the relationship between the
TRIPS Agreement and the Convention on Biological Diversity, the protection
of traditional knowledge and folklore, and other relevant new developments
raised by Members pursuant to Article 71.1. In undertaking this
work, the TRIPS Council shall be guided by the objectives and principles set
out in Articles 7 and 8 of the TRIPS Agreement and shall take fully into
account the development dimension.
Relationship between Trade and Investment
20. Recognizing the case for a
multilateral framework to secure transparent, stable and predictable
conditions for long-term cross-border investment, particularly foreign
direct investment, that will contribute to the expansion of trade, and the
need for enhanced technical assistance and capacity-building in this area as
referred to in paragraph 21, we agree that negotiations will take place
after the Fifth Session of the Ministerial Conference on the basis of a
decision to be taken, by explicit consensus, at that Session on modalities
of negotiations.
21. We recognize the needs of
developing and least-developed countries for enhanced support for technical
assistance and capacity building in this area, including policy analysis and
development so that they may better evaluate the implications of closer
multilateral cooperation for their development policies and
objectives, and human and institutional development. To this end, we
shall work in cooperation with other relevant intergovernmental
organisations, including UNCTAD, and through appropriate regional and
bilateral channels, to provide strengthened and adequately resourced
assistance to respond to these needs.
22. In the period until the
Fifth Session, further work in the Working Group on the Relationship Between
Trade and Investment will focus on the clarification of: scope and
definition; transparency; non-discrimination; modalities
for pre-establishment commitments based on a GATS-type, positive list
approach; development provisions; exceptions and
balance-of-payments safeguards; consultation and the settlement of disputes
between Members. Any framework should reflect in a balanced manner the
interests of home and host countries, and take due account of the
development policies and objectives of host governments as well as their
right to regulate in the public interest. The special development,
trade and financial needs of developing and least-developed countries should
be taken into account as an integral part of any framework, which should
enable Members to undertake obligations and commitments commensurate with
their individual needs and circumstances. Due regard should be paid to
other relevant WTO provisions. Account should be taken, as
appropriate, of existing bilateral and regional arrangements on investment.
Interaction between Trade and Competition Policy
23. Recognizing the case for a
multilateral framework to enhance the contribution of competition policy to
international trade and development, and the need for enhanced technical
assistance and capacity-building in this area as referred to in paragraph
24, we agree that negotiations will take place after the Fifth Session of
the Ministerial Conference on the basis of a decision to be taken, by
explicit consensus, at that Session on modalities of negotiations.
24. We recognize the needs of
developing and least-developed countries for enhanced support for technical
assistance and capacity building in this area, including policy analysis and
development so that they may better evaluate the implications of closer
multilateral cooperation for their development policies and
objectives, and human and institutional development. To this end, we
shall work in cooperation with other relevant intergovernmental
organisations, including UNCTAD, and through appropriate regional and
bilateral channels, to provide strengthened and adequately resourced
assistance to respond to these needs.
25. In the period until the
Fifth Session, further work in the Working Group on the Interaction between
Trade and Competition Policy will focus on the clarification of: core
principles, including transparency, non-discrimination and procedural
fairness, and provisions on hardcore cartels; modalities for voluntary
cooperation; and support for progressive reinforcement of competition
institutions in developing countries through capacity building. Full
account shall be taken of the needs of developing and least-developed
country participants and appropriate flexibility provided to address them.
Transparency in Government Procurement
26. Recognizing the case for a
multilateral agreement on transparency in government procurement and the
need for enhanced technical assistance and capacity building in this area,
we agree that negotiations will take place after the Fifth Session of the
Ministerial Conference on the basis of a decision to be taken, by explicit
consensus, at that Session on modalities of negotiations. These negotiations
will build on the progress made in the Working Group on Transparency in
Government Procurement by that time and take into account participants'
development priorities, especially those of least-developed country
participants. Negotiations shall be limited to the transparency
aspects and therefore will not restrict the scope for countries to give
preferences to domestic supplies and suppliers. We commit ourselves to
ensuring adequate technical assistance and support for capacity building
both during the negotiations and after their conclusion.
Trade Facilitation
27. Recognizing the case for
further expediting the movement, release and clearance of goods, including
goods in transit, and the need for enhanced technical assistance and
capacity building in this area, we agree that negotiations will take place
after the Fifth Session of the Ministerial Conference on the basis of a
decision to be taken, by explicit consensus, at that Session on modalities
of negotiations. In the period until the Fifth Session, the Council
for Trade in Goods shall review and as appropriate, clarify and improve
relevant aspects of Articles V, VIII and X of the GATT 1994 and identify the
trade facilitation needs and priorities of Members, in particular developing
and least-developed countries. We commit ourselves to ensuring
adequate technical assistance and support for capacity building in this
area.
WTO Rules
28. In the light of experience
and of the increasing application of these instruments by Members, we agree
to negotiations aimed at clarifying and improving disciplines under the
Agreements on Implementation of Article VI of the GATT 1994 and on Subsidies
and Countervailing Measures, while preserving the basic concepts, principles
and effectiveness of these Agreements and their instruments and objectives,
and taking into account the needs of developing and least-developed
participants. In the initial phase of the negotiations, participants
will indicate the provisions, including disciplines on trade distorting
practices, that they seek to clarify and improve in the subsequent phase.
In the context of these negotiations, participants shall also aim to clarify
and improve WTO disciplines on fisheries subsidies, taking into account the
importance of this sector to developing countries. We note that
fisheries subsidies are also referred to in paragraph 31.
29. We also agree to
negotiations aimed at clarifying and improving disciplines and procedures
under the existing WTO provisions applying to regional trade agreements.
The negotiations shall take into account the developmental aspects of
regional trade agreements.
Dispute Settlement Understanding
30. We agree to negotiations on
improvements and clarifications of the Dispute Settlement Understanding.
The negotiations should be based on the work done thus far as well as any
additional proposals by Members, and aim to agree on improvements and
clarifications not later than May 2003, at which time we will take steps to
ensure that the results enter into force as soon as possible thereafter.
Trade and Environment
31. With a view to enhancing
the mutual supportiveness of trade and environment, we agree to
negotiations, without prejudging their outcome, on:
- the relationship between existing WTO rules and specific trade
obligations set out in multilateral environmental agreements (MEAs).
The negotiations shall be limited in scope to the applicability of such
existing WTO rules as among parties to the MEA in question.
The negotiations shall not prejudice the WTO rights of any Member that
is not a party to the MEA in question; - procedures for regular information exchange between MEA
Secretariats and the relevant WTO committees, and the criteria for the
granting of observer status; - the reduction or, as appropriate, elimination of tariff and non-tariff
barriers to environmental goods and services.
We note that fisheries subsidies form part of the negotiations provided
for in paragraph 28.
32. We instruct the Committee
on Trade and Environment, in pursuing work on all items on its agenda within
its current terms of reference, to give particular attention to:
- the effect of environmental measures on market access,
especially in relation to developing countries, in particular the
least-developed among them, and those situations in which the
elimination or reduction of trade restrictions and distortions would
benefit trade, the environment and development; - the relevant provisions of the Agreement on Trade-Related Aspects of
Intellectual Property Rights; and - labelling requirements for environmental purposes.
Work on these issues should include the identification of any need to
clarify relevant WTO rules. The Committee shall report to the Fifth
Session of the Ministerial Conference, and make recommendations, where
appropriate, with respect to future action, including the desirability of
negotiations. The outcome of this work as well as the negotiations
carried out under paragraph 31(i) and (ii) shall be compatible with the open
and non-discriminatory nature of the multilateral trading system, shall not
add to or diminish the rights and obligations of Members under existing WTO
agreements, in particular the Agreement on the Application of Sanitary and
Phytosanitary Measures, nor alter the balance of these rights and
obligations, and will take into account the needs of developing and
least-developed countries.
33. We recognize the importance
of technical assistance and capacity building in the field of trade and
environment to developing countries, in particular the least-developed among
them. We also encourage that expertise and experience be shared with
Members wishing to perform environmental reviews at the national level.
A report shall be prepared on these activities for the Fifth Session.
Electronic Commerce
34. We take note of the work
which has been done in the General Council and other relevant bodies since
the Ministerial Declaration of 20 May 1998 and agree to continue the Work
Programme on Electronic Commerce. The work to date demonstrates that
electronic commerce creates new challenges and opportunities for trade for
Members at all stages of development, and we recognize the importance of
creating and maintaining an environment which is favourable to the future
development of electronic commerce. We instruct the General Council to
consider the most appropriate institutional arrangements for handling the
Work Programme, and to report on further progress to the Fifth Session of
the Ministerial Conference. We declare that Members will maintain
their current practice of not imposing customs duties on electronic
transmissions until the Fifth Session.
Small Economies
35. We agree to a work
programme, under the auspices of the General Council, to examine issues
relating to the trade of small economies. The objective of this work
is to frame responses to the trade-related issues identified for the fuller
integration of small, vulnerable economies into the multilateral trading
system, and not to create a sub-category of WTO Members. The General
Council shall review the work programme and make recommendations for action
to the Fifth Session of the Ministerial Conference.
Trade, Debt and Finance
36. We agree to an examination,
in a Working Group under the auspices of the General Council, of the
relationship between trade, debt and finance, and of any possible
recommendations on steps that might be taken within the mandate and
competence of the WTO to enhance the capacity of the multilateral trading
system to contribute to a durable solution to the problem of external
indebtedness of developing and least-developed countries, and to strengthen
the coherence of international trade and financial policies, with a view to
safeguarding the multilateral trading system from the effects of financial
and monetary instability. The General Council shall report to the
Fifth Session of the Ministerial Conference on progress in the examination.
Trade and Transfer of Technology
37. We agree to an examination,
in a Working Group under the auspices of the General Council, of the
relationship between trade and transfer of technology, and of any possible
recommendations on steps that might be taken within the mandate of the WTO
to increase flows of technology to developing countries. The General
Council shall report to the Fifth Session of the Ministerial Conference on
progress in the examination.
Technical Cooperation and Capacity Building
38. We confirm that technical
cooperation and capacity building are core elements of the development
dimension of the multilateral trading system, and we welcome and endorse the
New Strategy for WTO Technical Cooperation for Capacity Building, Growth and
Integration. We instruct the Secretariat, in coordination with other
relevant agencies, to support domestic efforts for mainstreaming trade into
national plans for economic development and strategies for poverty
reduction. The delivery of WTO technical assistance shall be designed
to assist developing and least-developed countries and low-income countries
in transition to adjust to WTO rules and disciplines, implement obligations
and exercise the rights of membership, including drawing on the benefits of
an open, rules-based multilateral trading system. Priority shall also
be accorded to small, vulnerable, and transition economies, as well as to
Members and Observers without representation in Geneva. We reaffirm
our support for the valuable work of the International Trade Centre, which
should be enhanced.
39. We underscore the urgent
necessity for the effective coordinated delivery of technical assistance
with bilateral donors, in the OECD Development Assistance Committee and
relevant international and regional intergovernmental institutions, within a
coherent policy framework and timetable. In the coordinated delivery
of technical assistance, we instruct 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).
40. We agree that there is a
need for technical assistance to benefit from secure and predictable
funding. We therefore instruct the Committee on Budget, Finance and
Administration to develop a plan for adoption by the General Council in
December 2001 that will ensure long-term funding for WTO technical
assistance at an overall level no lower than that of the current year and
commensurate with the activities outlined above.
41. We have established firm
commitments on technical cooperation and capacity building in various
paragraphs in this Ministerial Declaration. We reaffirm these specific
commitments contained in paragraphs 16, 22, 25-27, 33, 38-40, 42 and 43, and
also reaffirm the understanding in paragraph 2 on the important role of
sustainably financed technical assistance and capacity-building programmes.
We instruct the Director-General to report to the Fifth Session of the
Ministerial Conference, with an interim report to the General Council in
December 2002 on the implementation and adequacy of these commitments in the
identified paragraphs.
Least-Developed Countries
42. We acknowledge the
seriousness of the concerns expressed by the least-developed countries (LDCs)
in the Zanzibar Declaration adopted by their Ministers in July 2001. We recognize that the integration of the LDCs into the multilateral
trading system requires meaningful market access, support for the
diversification of their production and export base, and trade-related
technical assistance and capacity building. We agree that the
meaningful integration of LDCs into the trading system and the global
economy will involve efforts by all WTO Members. We commit
ourselves to the objective of duty-free, quota-free market access for
products originating from LDCs. In this regard, we welcome the
significant market access improvements by WTO Members in advance of the
Third UN Conference on LDCs (LDC-III), in Brussels, May 2001. We
further commit ourselves to consider additional measures for progressive
improvements in market access for LDCs. Accession of LDCs remains a
priority for the Membership. We agree to work to facilitate and
accelerate negotiations with acceding LDCs. We instruct the
Secretariat to reflect the priority we attach to LDCs' accessions in the
annual plans for technical assistance. We reaffirm the commitments
we undertook at LDC-III, and agree that the WTO should take into account, in
designing its work programme for LDCs, the trade-related elements of the
Brussels Declaration and Programme of Action, consistent with the WTO's
mandate, adopted at LDC-III. We instruct the Sub-Committee for
Least-Developed Countries to design such a work programme and to report on
the agreed work programme to the General Council at its first meeting in
2002.
43. We endorse the Integrated
Framework for Trade-Related Technical Assistance to Least-Developed
Countries (IF) as a viable model for LDCs' trade development. We
urgedevelopment partners to significantly increase contributions to the IF
Trust Fund and WTO extra-budgetary trust funds in favour of LDCs. We
urge the core agencies, in coordination with development partners, to
explore the enhancement of the IF with a view to addressing the supply-side
constraints of LDCs and the extension of the model to all LDCs, following
the review of the IF and the appraisal of the ongoing Pilot Scheme in
selected LDCs. We request the Director-General, following coordination
with heads of the other agencies, to provide an interim report to the
General Council in December 2002 and a full report to the Fifth Session of
the Ministerial Conference on all issues affecting LDCs.
Special and Differential Treatment
44. We reaffirm that provisions
for special and differential treatment are an integral part of the WTO
Agreements. We note the concerns expressed regarding their operation
in addressing specific constraints faced by developing countries,
particularly least-developed countries. In that connection, we also
note that some Members have proposed a Framework Agreement on Special and
Differential Treatment (WT/GC/W/442). We therefore agree that all
special and differential treatment provisions shall be reviewed with a view
to strengthening them and making them more precise, effective and
operational. In this connection, we endorse the work programme on
special and differential treatment set out in the Decision on
Implementation-Related Issues and Concerns.
ORGANIZATION AND MANAGEMENT OF THE WORK PROGRAMME
45. The negotiations to be
pursued under the terms of this Declaration shall be concluded not later
than 1 January 2005. The Fifth Session of the Ministerial Conference
will take stock of progress in the negotiations, provide any necessary
political guidance, and take decisions as necessary. When the results
of the negotiations in all areas have been established, a Special Session of
the Ministerial Conference will be held to take decisions regarding the
adoption and implementation of those results.
46. The overall conduct of the
negotiations shall be supervised by a Trade Negotiations Committee under the
authority of the General Council. The Trade Negotiations Committee
shall hold its first meeting not later than 31 January 2002. It shall
establish appropriate negotiating mechanisms as required and supervise the
progress of the negotiations.
47. With the exception of the
improvements and clarifications of the Dispute Settlement Understanding, the
conduct, conclusion and entry into force of the outcome of the negotiations
shall be treated as parts of a single undertaking. However, agreements
reached at an early stage may be implemented on a provisional or a
definitive basis. Early agreements shall be taken into account in
assessing the overall balance of the negotiations.
48. Negotiations shall be open
to:
- all Members of the WTO; and
- States and separate customs territories currently in the process of
accession and those that inform Members, at a regular meeting of the
General Council, of their intention to negotiate the terms of their
membership and for whom an accession working party is established.
Decisions on the outcomes of the negotiations shall be taken only by WTO
Members.
49. The negotiations shall be
conducted in a transparent manner among participants, in order to facilitate
the effective participation of all. They shall be conducted with a
view to ensuring benefits to all participants and to achieving an overall
balance in the outcome of the negotiations.
50. The negotiations and the
other aspects of the Work Programme shall take fully into account the
principle of special and differential treatment for developing and
least-developed countries embodied in: Part IV of the GATT 1994;
the Decision of 28 November 1979 on Differential and More Favourable
Treatment, Reciprocity and Fuller Participation of Developing Countries;
the Uruguay Round Decision on Measures in Favour of Least-Developed
Countries; and all other relevant WTO provisions.
51. The Committee on Trade and
Development and the Committee on Trade and Environment shall, within their
respective mandates, each act as a forum to identify and debate
developmental and environmental aspects of the negotiations, in order to
help achieve the objective of having sustainable development appropriately
reflected.
52. Those elements of the Work
Programme which do not involve negotiations are also accorded a high
priority. They shall be pursued under the overall supervision of the
General Council, which shall report on progress to the Fifth Session of the
Ministerial Conference.