Outcome of the Doha Ministerial Conference

Irise to make a statement on the outcome of the WTO Ministerial Conference held at Doha, Qatar during 9-14th November, 2001 and copies of the Declarations are being placed on the Table of the House.

Before the Doha Ministerial Conference, the Government held wide consultations with various stakeholders and accordingly, I am glad to inform Hon'ble Members that we made major strides towards realising our goals and the Ministerial Declaration contains significant achievements for India.

Hon'ble Members may recall that we have attached high priority on resolution of the implementation concerns. The recognition of asymmetries for the first time was a major gain. Some of the implementation concerns have been adequately addressed. The remaining items have been referred either to negotiations or to subsidiary bodies for further examination and thus are an integral part of the Work Programme.

Hon'ble Members would recall that India had strongly opposed linkage of core labour standards with trade. The Declaration reaffirms that ILO is the appropriate forum to address the core labour standards.

The key concerns of India in agriculture have been adequately safeguarded in the Declaration. The Ministers at Doha committed themselves to negotiations aimed at substantial improvement in market access, substantial reduction in trade distorting domestic support and gradual phasing out of export subsidies. The special and differential treatment for developing countries including recognition of food security and rural development have now become an integral part of the mandated Agricultural Negotiations.

In services, the movement of natural persons has been given primary focus apart from reaffirmation of the guidelines and procedures of negotiations which is largely based on the Indian proposal.

On the four Singapore issues, trade & investment, trade & competition, transparency in Government procurement and trade facilitation, the study process will continue until the 5^th Ministerial Conference and a decision regarding any negotiation would be based on explicit consensus.

A separate landmark declaration on TRIPS and Public Health is a major achievement in which India played a key role. It recognises the affordability and availability of medicines as an universal right. It would now enable Member countries to take measures to protect public health as the Declaration recognises the flexibility under the TRIPS Agreement when dealing with public health problems affecting human beings, such as HIV/AIDS, Malaria, and other epidemics and the respective national governments would decide about emergencies and epidemics and take appropriate measures to ensure access to medicines.

In the context of TRIPS Agreement, we have been raising the issue of extension of higher level of protection for geographical indications as provided for in the Agreement to items other than wines and spirits. This issue will be specifically taken up by the TRIPS Council for considering extension to products like Basmati rice, Alphonso Mangoes, Darjeeling tea etc. It has also been agreed that the Council for TRIPS will address the issues of biological diversity, protection of traditional knowledge and folklore.

Following the Uruguay Round Agreements (1994), the Committee on Trade and Environment (CTE) was asked to study certain issues and submit a report whether any modifications in the WTO rules were required. The Doha declaration proposes negotiations on three items, namely the relationship between the existing WTO rules and Multilateral Environment Agreements (MEAs), process for regular information exchange between MEAs and WTO and negotiations for market access for environmental goods and services. As is known, India is already a signatory to most of these MEAs and I would like to assure the Members that these negotiations would not widen the environmental window in trade.

Negotiations in the area of market access on non-agricultural products will focus on reduction or elimination of tariff peaks, tariff escalations and other non-tariff barriers which we had broadly flagged as priority area in any such negotiations. It also recognises the special needs and interests of developing countries including through less than full reciprocity in reduction commitments.

Negotiations have also been mandated under the Anti-dumping and Subsidies Agreements. The various implementation proposals on these subjects will also become part of the negotiations.

There is also a clear commitment to review the provisions for Special and Differential treatment for developing countries in various WTO agreements to see how these provisions can be strengthened, made more precise, effective and operational. These are very welcome features.

Hon'ble Members would agree that the Doha out-come is in conformity with the shared stakeholders interests- the interests of agriculture, industry and most importantly, our development. In sum, the Doha mandate will not in any way harm us; on the contrary, we have substantial gains.

Hon'ble Members, before I conclude, I would like to say that this is only the beginning. Permit me to highlight the point that the said negotiations are expected to be completed hopefully by 2005 and so there is enough time for us to reflect and effectively negotiate. Since these issues transcend party concerns, I earnestly seek your co-operation in this national endeavour in the international framework.

The Ministerial Declaration on the TRIPS and Public Health is one of the most significant outcomes of the Doha Ministerial Conference. It recognises that the TRIPS Agreement can and should be interpreted and implemented in a manner supportive of WTO Members right to protect Public Health and to promote access to medicines for all. It would enable us to exercise the flexibilities of compulsory licence, particularly, for diseases like HIV/AIDS, tuberculosis, malaria, and other epidemics. The Declaration would enable more flexible interpretation of the TRIPS Agreement in the Dispute Settlement Process of WTO in the Context of Public health problems.

A number of implementation issues have been addressed by the Decision on Implementation related issues and concerns.

Longer time frame of six months for compliance with new SPS (Sanitary & Phyto Sanitary) and TBT (Technical Barriers to Trade) measures;

Moratorium of two years on non-violation complaints under the TRIPS Agreement;

Investigating authorities to examine with special care for initiation of back-to-back antidumping investigation within 365 days;

Members to offer co-operation and assistance including furnishing information about export value when the customs administration of an importing Member has reasonable grounds to doubt the truth or accuracy of the declared value.

The issue of extension of the higher level of protection of geographical indications provided for in Article 23 to products other than wines and spirits would be addressed by the TRIPS Council, as part of redressal of implementation issues.

The issue of advancing of growth on growth of quota levels for textile products was actively pursued at the Ministerial Conference. However this was not agreed to and will now be examined by the Council for Trade in Goods.

It has also been agreed that negotiations on all the other outstanding implementation issues shall be an integral part of the Work Programme of the WTO launched by the Doha Ministerial Conference.

In agriculture, the on-going negotiations would aim at reduction of all forms of export subsidies with the view to phasing out, and substantial reductions in trade distorting domestic support being given by the developed countries. Special and differential treatment for developing countries to effectively take account of their development needs, including food security and rural development would be an integral part of these negotiations. These negotiations would result in greater market access for agricultural products of developing countries like India, while allowing them to retain the necessary flexibility.

The negotiations will be conducted on the basis of Negotiating Guidelines and Procedures (NGP) adopted in March 2001. The declaration recognises the large number of proposals submitted by members on various sectors including on movement of natural persons. The NGP is largely based on the proposal of India and 23 other developing countries and recognises appropriate flexibility for developing countries and the primacy of the request-offer approach as the main method of negotiations. The recognition of proposals on movement of natural persons is also welcome as it is an issue of core interest to India.

On Environment, it was decided to initiate negotiations on the relationship between existing WTO rules and Multilateral Environment Agreements (MEAs), limited in scope to the applicability of such existing WTO rules as among parties to the MEA in question, procedure for information exchange between MEA Secretariats and WTO and market access for environmental goods and services. The negotiations on market access for environmental goods and services would also be covered under market access negotiations for non-agricultural products. The WTO Committee on Trade and Environment (CTE) has been asked to pursue work on all items on its agenda, while giving particular attention to the issue of effect of environmental measures on market access, the relevant provisions of the TRIPS Agreement and labelling. The items of TRIPS Agreement and the effect of environmental measures on market access were included for particular focus based on India's proposal. CTE shall submit a report to the Fifth Ministerial Conference.

Negotiations on market access, including the reduction or elimination of tariff peaks and tariff escalation, in particular on products of export interest to developing countries, taking fully into account their special needs and interests, would provide greater market access to our products in the developed countries.

It has been decided to initiate negotiations on Anti-dumping and Subsidies Agreement for clarifying and improving the underlying disciplines. Addressing outstanding implementation issues on these subjects would be an integral part of these negotiations. Strengthening of the disciplines would curtail the arbitrary use of anti-dumping measures and countervailing duties for protectionist purposes beyond what is mandated by the respective agreements.

The negotiations shall fully taking into account the principle of special and differential (S & D) treatment for developing countries. It has also been agreed that all S & D provisions in WTO Agreements shall be reviewed with a view to strengthening them and making them more precise, effective and operational.

The Declaration also provides for negotiations on improvements and clarification to the Dispute Settlement Understanding. While it is expected that the `Sequencing' issue may form the main focus of such negotiations, it is possible that it may see a widened scope if members bring other proposals for consideration.

``WTO is for multilateral trading system only. It should not encompass the responsibility for rule making of non-trade related subjects. Globalisation and liberalisation have to be addressed at various fora and not in WTO alone. WTO is not a global government and should not attempt to appropriate to itself what legitimately falls in the domain of national governments and Parliaments. WTO's core competence is in international trade and we would strongly urge that it stays that way. Then only we can save and strengthen the multilateral trading system.''

(Text of the Plenary Statement of the Commerce & Industry Minister,
Mr. Murasoli Maran, at the Doha Ministerial Conference on November 10, 2001)

1. " I thank you, Mr. Chairman, and your Government for hosting this 4^th Ministerial Conference and for the excellent arrangements and hospitality.

2. I also welcome the delegations of the Peoples Republic of China and Chinese Taipei in our midst. India has consistently supported the accession of China to WTO and we are happy to see it realised, bringing greater universality to our organisation.

3. I am constrained to point out that the Draft Ministerial Declaration is neither fair nor just to the view points of many developing countries including my own on certain key issues. It is negation of all that was said by a significant number of developing countries and least-developed countries. We cannot escape the conclusion that it accommodates some view points while ignoring "others". The forwarding letter most surprisingly and shockingly also does not dwell on the substantive differences and focuses more on what are individual assessments. Even after these were reiterated in the strongest possible terms in the General Council on 31 October and 1 November, we recognise that there is a refusal to reflect these points in a substantive manner even in the forwarding letter. The only conclusion that could be drawn is that the developing countries are little say in the agenda setting of the WTO. It appears that the whole process was a mere formality and we are being coerced against our will. Is it not then meaningless for the draft declaration to claim that the needs and interests of the developing countries have been placed at the heart of the Work Programme ?

4. After the setback at Seattle, all of us want Doha to be a success. Success, however, does not necessarily require over-reaching objectives or launch of a "Comprehensive" round. Also the global unity achieved in the wake of the most unfortunate and tragic event of September 11 should not be undermined by proposing an agenda, which would split the WTO membership. Rather than charting a divisive course in unknown waters, let this Conference provide a strong impetus to the on-going negotiations on agriculture and services, and the various mandated reviews that by themselves form a substantial work programme and have explicit consensus.

5. We cannot be held hostage to unreasonable demands that concessions be made for carrying forward what are already mandated negotiations. Nor can one accept the argument that there is mandate only for commencing certain negotiations and not for completing them. Progressive reform in agriculture now requires elimination of the large-scale domestic support and other trade distorting subsidies and the removal of all unfair barriers facing farm exports of developing countries. At the same time, considering the critical dependence on agriculture by large rural populations in developing countries, we need to adequately provide for their food and livelihood security and for promoting rural development. Similarly, in services, facilitating the movement of professionals, must receive priority attention.

6. WTO has to recognise the existing development deficit in various WTO agreements and take necessary remedial action. WTO has also to recognise that development strategy has to be related to country specific situations. The "one size fits all approach" has clearly failed to deliver.

7. The asymmetries and imbalances in the Uruguay Round agreements, non-realisation of anticipated benefits and non-operational and non-binding nature of special and differential provisions have been the basis for implementational issues and concerns raised by a large number of developing countries right from 1998. Expectations rose when the May 2000 decision was adopted by the General Council to find meaningful solutions at the latest by the Fourth Ministerial. The draft decision on implementation related issues and concerns before us have addressed some issues but left many more unresolved. Even among those addressed, the manner of resolution has left many gaps. We must make sincere efforts at this Conference to resolve the outstanding issues or give clear directions on how to deal with them. Notwithstanding our disappointment, we have already indicated in Geneva that we are prepared to join a consensus in favour of adopting the decision proposed as a package. It would be appropriate to take this item first in the Business Session and adopt the decision.

8. In relation to market access, even after all the Uruguay Round concessions have been implemented by industrialised countries, significant trade barriers in the form of tariff peaks and tariff escalation continue to affect many developing country exports. These will clearly need to be squarely addressed. Meanwhile, sensitive industries in developing countries including small scale industries sustaining a large labour force cannot be allowed to be destroyed.

9. New issues or new agreements will obviously extract new prices and developing countries are hardly prepared for the same. This becomes particularly relevant now since negotiations for agreements on several new areas are being proposed even while the study process is on. In the areas of Investment, Competition, Trade Facilitation or Transparency in Government Procurement, basic questions remain even on the need for a multilateral agreement. Most imortantly, do the developing countries have the capacity to deal with them? Will we be able to say that they do not impinge strongly on domestic policies that are well removed from trade? Are the basic trade principles like non-discrimination or market access appropriate for dealing with issues like Investment and Competition? Would the Marrakesh remit for WTO which talks only of multilateral trade relations permit these other issues to be covered? We are very doubtful if we can give affirmative replies to all these questions. It is our considered view that we need to carefully study them further before rushing to decisions. In any case, the Singapore Declaration requires an explicit consensus for any decision to move to negotiations. Let us therefore wait till an explicit consensus emerges on these issues.

10. We firmly oppose any linkage between trade and labour standards. The Singapore Declaration had once and for all dealt with this issue and there is no need to refer to it again. Similarly, on environment we are strongly opposed to the use of environmental measures for protectionist pruposes and to imposition of unilateral trade restrictive measures. We are convinced that the existing WTO rules are adequate to deal with all legitimate environmental concerns. We should firmly resist negotiations in this area which are not desirable, now or later. We consider them as Trojan horses of protectionism.

11. The Uruguay Round Agreement on TRIPS has invited strong reactions from developing country stakeholders. It is important that negotiations are held for extending geographical indications to products other than wines and spirits which are important to many countries. There should also be no misappropriation of the biological and genetic resources and traditional knowledge of the developing countries.

12. Availability and affordability of essential medicines is a universal human right. WTO should not deny that right. This Conference must send out a clear message to the world that nothing in the TRIPS Agreement shall prevent governments from taking measures to protect public health. Accordingly, the TRIPS Agreement must be interpreted and implemented in a manner supportive of WTO Members' right to protect public health and ensure access to medicines for all.

13. In conclusion, we are of the view that the issues which are not yet ripe must remain with the working groups for further study. India, including many other developing countries, are not ready to accept a new set of onerous commitments. The road map already charted by the Uruguay Round Agreements should be the future work programme and this crucial Ministerial Conference should provide negotiating mandate for resolving outstanding implementation issues and clear guidance on mandated negotiations and reviews. WTO is for multilateral trading system only. It should not encompass the responsibility for rule making of non-trade-related subjects. Globalisation and liberalisation have to be addressed at various fora and not in WTO alone. WTO is not a global government and should not attempt to appropriate to itself what legitimately falls in the domain of national governments and Parliaments. WTO's core competence is in international trade and we would strongly urge that it stays that way. Then only we can save and strengthen the multilateral trading system.

14. Mr. Chairman, I am confident that you in your capacity as the Chairman of this Ministerial Conference is fully aware of the expectation, aspirations and concerns of developing countries on all the issues. I am absolutely sure that your experience, wisdom and commitment will enable all of us to find collective solutions to difficult issues in such a way that the final declaration really keeps the needs and interests of developing countries as the central theme of all future WTO activities."

1. The multilateral trading system embodied in the World Trade Organisation 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 liberalisation 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 Organisation, 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 recognise 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 recognise the particular vunerability of the least-developed countries and the special structural difficulties they face in the global economy. We are committed to addressing the marginalisation 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 liberalisation, while also recognising that regional trade agreements can play an important role in promoting the liberalisation 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 recognise that under WTO rules no country should be prevented form taking measures for the protection of human, animal or plant life of 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 organisations. We encourage efforts to promote cooperation between the WTO and relevant international environmental and developmental organisations, 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 recognise core labour standards. We take note of work under way in the International Labour Organisation (ILO) on the social dimension of globalisation.

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. Recognising 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 emphasising the intergovernmental character of the organisation, 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 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.

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 faces 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.

13. We recognise the work already undertaken in the negotiations initiated in early 2000 under Article 20 of the Agreement of 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 appropraite 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 negotiation, 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.

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 recognise 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.

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.

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 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.

20. Recognising 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 recognise 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 obligation 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.

23. Recognising 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 refereed 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 recognise 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 hard-core 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.

26. Recognising 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.

27. Recognising 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.

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 negotiation, 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.

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.

31. With a view to enhancing the mutual supportiveness of trade and environment, we agree to negotiations, without prejudging their outcome, on:

(i) 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 questions

(ii) procedures for regular information exchange between MEA Secretariats and the relevant WTO committees, and the criteria for the granting of observer status;

(iii) 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:

(i) 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;

(ii) the relevant provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights; and

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 recognise 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.

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 recognise 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.

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 subcategory of WTO Members. The General Council shall review the work programme and make recommendation for action to the Fifth Session of the Ministerial Conference.

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 of 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.

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.

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 reductio. 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 rationalising 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.

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 recognise that the integration of the LDCs into the multiteral 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 urge development 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.

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 of 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.

45. The negotiations to be pursed 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.

(ii) 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 and 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 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 GATI 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 if 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.

1. We recognise the gravity of the public health problems afflicting many developing and least-developed countries, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics.

2. We stress the need for the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) to be part of the wider national and international action to address these problems.

3. We recognise that intellectual property protection is important for the development of new medicines. We also recognise the concerns about its effects on prices.

4. We agree that the TRIPS Agreement does not and should not prevent Members from taking measures to protect public health. Accordingly, while reiterating our commitment to the TRIPS Agreement, we affirm that the Agreement can and should be interpreted and implemented in a manner supportive of WTO Members' right to protect public health and, in particular, to promote access to medicines for all.

In this connection, we reaffirm the right of WTO Members to use, to the full, the provisions in the TRIPS Agreement, which provide flexibility for this purpose.

5. Accordingly and in the light of paragraph 4 above, while maintaining our commitments in the TRIPS Agreement, we recognise that these flexibilities include:

(a) In applying the customary rules of interpretation of public international law, each provision of the TRIPS Agreement shall be read in the light of the object and purpose of the Agreement as expressed, in particular, in its objectives and principles.

(b) Each Member has the right to grant compulsory licences and the freedom to determine the grounds upon which such licences are granted.

(c) Each Member has the right to determine what constitutes a national emergency or other circumstances of extreme urgency, it being understood that public health crises, including those relating to HIV/AIDS, tuberculosis, malaria and other epidemics, can represent a national emergency or other circumstances of extreme urgency.

(d) The effect of the provisions in the TRIPS Agreement that are relevant to the exhaustion of intellectual property rights is to leave each Member free to establish its own regime for such exhaustion without challenge, subject to the MFN and national treatment provisions of Articles 3 and 4.

6. We recognise that WTO Members with insufficient or no manufacturing capacities in the pharmaceutical sector could face difficulties in making effective use of compulsory licensing under the TRIPS Agreement. We instruct the Council for TRIPS to find an expeditious solution to this problem and to report to the General Council before the end of 2002.

Having regard to Articles IV.1, IV.5 and IX of the Marrakesh Agreement Establishing the World Trade Organization (WTO);

Mindful of the importance that Members attach to the increased participation of developing countries in the multilateral trading system, and of the need to ensure that the system responds fully to the needs and interests of all participants;

Determined to take concrete action to address issues and concerns that have been raised by many developing _country Member regarding the implementation of some WTO Agreements and Decisions, including the difficulties and resource constraints that have been encountered in the implementation of obligations in various areas;

Recalling the 3 May 2000 Decision of the General Council to meet in special sessions to address outstanding implementation issues, and to assess the existing difficulties, identify ways needed to resolve them, and take decisions for appropriate action not later than the Fourth Session of the Ministerial Conference;

Noting the actions taken by General Council in pursuance of this mandate at its Special Session in October and December 2000 (WT/L384), as well as the review and further discussion undertaken at the Special Session held in April, July and October 2001, including the referral of additional issues to relevant WTO bodies or their chairpersons for further work;

Noting also the reports on the issues referred to the General Council from subsidiary bodies and their chairpersons and from the Director-General, and the discussions as well as the clarifications provided and understandings reached on implementation issues in the intensive informal and formal meetings held under this process since May 2000;

1.1 Reaffirms that Article XVIII of the GATT 1994 is a special and differential treatment provision for developing countries and that recourse to it should be less onerous that to Article XII of the GATT 1994.

1.2 Noting the issues raised in the report of the Chairperson of the Committee on Market Access (WT/GC/50) concerning the meaning to be given to the phrase "substantial interest" in paragraph 2(d) of Article XIII of the GATT 1994, the Market Access Committee is directed to give further consideration to the issue and make recommendations to the General Council as expeditiously as possible but in any event not later than the end of 2002.

2.1 Urges Members to exercise restraint in challenging measures notified under the green box by developing countries to promote rural development and adequately address food security concerns.

2.2 Takes note of the report of the Committee on Agriculture (G/AG/11) regarding the implementation of the Decision on Measures Concerning the Possible Negative Effects of the Reform Programme on Least-Developed and Net Food-Importing Developing Countries, and approves the recommendations contained therein regarding (i) food aid: (ii) technical and financial assistance in the context of aid programmes to improve agricultural productivity and infrastructure; (iii) financing normal levels of commercial imports of basic foodstuffs; and (iv) review of follow up.

2.3 Takes note of the report of the Committee on Agriculture (G/AG/11) regarding the implementation of Article 10.2 of the Agreement on Agriculture, and approves the recommendations and reporting requirements contained therein.

2.4 Takes note of the report of the Committee on Agriculture (G/AG/11) regarding the administration of tariff rate quotas and the submission by Members of addenda to their notifications, and endorses the decision by the Committee to keep this matter under review.

3.1 Where the appropriate level of sanitary and Phytosanitary protection allows scope for the phased introduction of new sanitary and Phytosanitary measures, the phrase "longer time-frame for compliance" referred to in Article 10.2 of the Agreement on the Application of Sanitary and Phytosanitary Measures, shall be understood to mean normally a period of not less than 6 months. Where the appropriate level of sanitary and Phytosanitary protection does not allow scope for the phased introduction of a new measure, but specific problems are identified by a Member, the Member applying the measure shall upon request enter into consultations with the country with a view to finding a mutually satisfactory solution to the problem while continuing to achieve the importing Member's appropriate level of protection.

3.2 Subject to the conditions specified in paragraph 2 of Annex B to the Agreement on the Application of Sanitary and Phytosanitary Measures, the phrase "reasonable interval" shall be understood to mean normally a period of not less than 6 months. It is understood that timeframes for specific measures have to be considered in the context of the particular circumstances of the measure and actions necessary to implement it. The entry into force of measures which contribute to the liberalisation of trade should not be unnecessarily delayed.

3.3 Takes note of the Decision of the Committee on Sanitary and Phytosanitary Measures (G/SPS/19) regarding equivalence, and instructs the Committee to develop expeditiously the specific programme to further the implementation of Article 4 of the Agreement on the Application of Sanitary and Phytosanitary Measures.

3.4 Pursuant to the provisions of Article 12.7 of the Agreement on the Application of Sanitary and Phytosanitary Measures, the Committee on Sanitary and Phytosanitary Measures is instructed to review the operation and implementation of the Agreement on Sanitary and Phytosanitary Measures at least once every four years.

(i) Take note of the actions taken to date by the Director-General to facilitate the increased participation of Members at different levels of development in the work of the relevant international standard setting organisation as well as his efforts to coordinate with these organisation and financial institutions in identifying SPS related technical assistance needs and how best to address them; and

(ii) urges the Director-General to continue his cooperative efforts with these organisations and institutions in this regard, including with a view to according priority to the effective participation of least-developed countries and facilitating the provision of technical and financial assistance for this purpose.

(i) Urges Members to provide, to the extent possible, the financial and technical assistance necessary to enable least-developed countries to respond adequately to the introduction of any new SPS measures which may have significant negative effects or their trade; and

(ii) urges Members to ensure that technical assistance is provided to least-developed countries with a view to responding to the special problems faced by them in implementing the Agreement on the Application of Sanitary and Phytosanitary Measures.

Reaffirms the commitment to full and faithful implementation of the Agreement on Textiles and Clothing, and agrees:

4.1 that the provisions of the Agreement relating to the early integration of products and the elimination of quota restrictions should be effectively utilised.

4.2 that Members will exercise particular consideration before initiating investigations in the context of antidumping remedies on textile and clothing exports from developing countries previously subject to quantitative restrictions under the Agreement for a period of two years following full integration of this Agreement into the WTO.

4.3 that without prejudice to their rights and obligations, Members shall notify any changes in their rules of origin concerning products falling under the coverage of the Agreement to the Committee on Rules of Origin which may decide to examine them.

4.4 that when calculating the quota levels for small suppliers for the remaining years of the Agreement, Members will apply the most favourable methodology available in respect of those Members under the growth-on-growth provisions from the beginning of the implementation period; extend the same treatment to least-developed countries; and, where possible, eliminate quota restrictions on imports of such Members;

4.5 that Members will calculate the quota levels for the remaining years of the Agreement with respect to other restrained Members as if implementation of the growth-on-growth provision for stage 3 had been advance to 1 January 2000;

and make recommendations to the General Council by 31 July 2002 for appropriate action

5.1 Confirms the approach to technical assistance being developed by the Committee on Technical Barriers to Trade, reflecting the results of the triennial review work in this area, and mandates this work to continue.

5.2 Subject to the conditions specified in paragraph 12 of Article 2 of the Agreement on Technical Barriers to Trade, the phrase "reasonable interval" shall be understood to mean normally a period of not less than 6 months, except when this would be ineffective in fulfilling the legitimate objectives pursued.

(i) Takes note of the actions taken to date by the Director-General to facilitate the increased participation of Members at different levels of development in the work of the relevant international standard setting organisation as well as his efforts to coordinate with these organisations and financial institutions in identifying TBT-related technical assistance needs and how best to address them; and

(ii) urges the Director-General to continue his cooperative efforts with these organiaations and institutions, including with a view to according priority to the effective participation of least-developed countries and facilitating the provision of technical and financial assistance for this purpose.

(i) Urges Members to provide, to the extent possible, the financial and technical assistance necessary to enable least-developed countries to respond adequately to the introduction of any new TBT measures which may have significant negative effects on their trade; and

6.1 Takes note of the actions taken by the Council for Trade in Goods in regard to requests from some developing-country Members for the extension of the five-year transitional period provided for in Article 5.2 of Agreement on Trade-Related Investement Measures.

6.2 Urges the Council for Trade in Goods to consider positively requests that may be made by least-developed countries under Article 5.3 of the TRIMs Agreement or Article IX.3 of the WTO Agreement, as well as to take into consideration the particular circumstances of least-developed countries when setting the terms and conditions including time-frames.

7. Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994

7.1 Agrees that investigating authorities shall examine with special care any application for the initiation of an anti-dumping investigation where an investigation of the same product from the same Member resulted in a negative finding within the 365 days prior to the filling of the application and that, unless this pre-initiation examination indicates that circumstances have changed, the investigation shall not proceed.

7.2 Recognises that, while Article 15 of the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 is a mandatory provision, the modalities for its application would benefit from clarification. Accordingly, the Committee on Anti-Dumping Practices is instructed, through its working group on Implementation, to examine this issue and to draw up appropriate recommendations within twelve months on how to operationalise this provision.

7.3 Takes note that Article 5.8 of the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 does not specify the time frame to be used in determining the volume of dumped imports, and that this lack of specificity creates uncertainties in the implementation of the provision. The Committee on Anti-Dumping Practices is instructed, through its working group on Implementation, to study this issue and draw up recommendations within 12 months, with a view to ensuring the maximum possible predictability and objectivity in the application of time frames.

7.4 Takes note that Article 18.6 of the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 requires the Committee on Anti Dumping Practices to review annually the implementation and operation of the Agreement taking into account the objectives thereof. The Committee on Anti-dumping Practices is instructed to draw up guidelines for the improvement of annual reviews and to report its views and recommendations to the General Council for subsequent decision within 12 months.

8. Agreement on the Implementation of Article VII of the General Agreement on Tariffs and Trade 1994

8.1 Takes note of the actions taken by the Committee on Customs Valuation in regard to the requests from a number of developing country Members for the extension of the five years transitional period provided for in Article 20.1 of Agreement on the Implementation of Article VII of the General Agreement on Tariffs and Trade 1994.

8.2 Urges the Council for Trade in Goods to give positive consideration to requests that may be made by least-developed country Members under paragraphs 1 and 2 of Annex III of the Customs Valuation Agreement or under Article IX.3 of the WTO Agreement, as well as to take into consideration the particular circumstances of least-developed countries when setting the terms and conditions including time-frames.

8.3 Underlines the importance of strengthening cooperation between the customs administrations of Members in the prevention of customs fraud. In this regard, it is agreed that, further to the 1994 Ministerial Decision Regarding Cases Where Customs Administrations Have Reasons to Doubt the Truth or Accuracy of the Declared Value, when the customs administration of an importing Member has reasonable grounds to doubt the truth or accuracy of the declared value, it may seek assistance from the customs administration of an exporting Member on the value of the goods concerned. In such case, the exporting Member shall offer cooperation and assistance, consistent with its domestic laws and procedures, including furnishing information on the export value of the good concerned. Any information provided in this context shall be treated in accordance with Article 10 of the Customs Valuation Agreement. Furthermore, recognising the legitimate concerns expressed by the customs administrations of several importing Members on the accuracy of the declared value, the Committee on Customs Valuation is directed to identify and assess practical means to address such concerns, including the exchange of information on export values and to report to the General Council by the end of 2002 at the latest.

9.1 Takes note of the report of the Committee on Rules of Origin (G/RO/48) regarding progress on the harmonisation work programme, and urges the Committee to complete its work by the end of 2001.

9.2 Agrees that any interim arrangements on rules of origin implemented by Members in the transitional period before the entry into force of the results of the harmonisation work particularly Articles 2 and 5 thereof. Without prejudice to Member's rights and obligations, such arrangements may be examined by the Committee on Rules of Origin.

10.1 Agrees that Annex VII(b) to the Agreement on Subsidies and Countervailing Measures includes the Members that are listed therein until their GNP per capita reaches US$1,000 in constant 1990 dollars for three consecutive years. This decision will enter into effect upon the adoption by the committee on Subsidies and Countervailing Measures of an appropriate methodology for calculating constant1990 dollars. If, however, the Committee on Subsidies and Countervailing Measures does not reach a consensus agreement on an appropriate methodology by 1 January 2003, the methodology proposed by the Chairman of the Committee set forth in G/SCM/38, Appendix 2 shall be applied. A Member shall not leave Annex VII(b) so long as its GNP per capita in current dollars has not reached US $1000 based upon the most recent data from the World Bank.

10.2 Takes note of the proposal to treat measures implemented by developing countries with a view to achieving legitimate development goals, such as regional growth, technology research and development funding, production diversification and development and implementation of environmentally sound methods of production as non-actionable subsidies, and agrees that this issue be addressed in accordance with paragraph 13 below. During the course of the negotiations, Members are urged to exercise due restraint with respect to challenging such measures.

10.3 Agrees that the Committee on Subsidies and Countervailing Measures shall continue its review of the provisions of the Agreement on Subsidies and Countervailing Measures regarding countervailing duty investigations and report to the General Council by 31 July 2002.

10.4 Agrees that if a Member has been excluded from the list in paragraph (b) of Annex VII to the Agreement on Subsidies and Countervailing Measures, it shall be re-included in it when its GNP per capita falls back below US$ 1,000.

10.5 Subject to the provisions of Articles 27.5 and 27.6, it is reaffirmed that least-developed country Members are exempt from the prohibition on export subsidies set forth in Article 3.1(a) of the Agreement on Subsidies and Countervailing Measures, and thus have flexibility to finance their exporters, consistent with their development needs. It is understood that the eight-year period in Article 27.5 within which a least-developed country Member must phase out its export subsidies in respect of a product in which it is export-competitive begins from the date export competitiveness exists within the meaning of Article 27.6

10.6 Having regard to the particular situation of certain developing-country Members, directs the Committee on Subsidies and Countervailing Measures to extend the transition period, under the rubric of Article 27.4 of the Agreement on Subsidies and Countervailing Measures, for certain export subsidies provided by such Members, pursuant to the procedures set forth in document G/SCM/W/471/Rev.1. Furthermore, when considering a request for an extension of the transition period under the rubric of Article 27.4 of the Agreement of Subsidies and Countervailing Measures, and in order to avoid that Members at similar stages of development and having a similar order of magnitude of share in world trade are treated differently in terms of receiving such extensions for the same eligible programmes and the length of such extensions, directs the Committee to extend transition period for those developing countries, after taking into account the relative competitiveness in relation to other developing-country Members who have requested extension of the transition period following the procedures setforth in document G/SCM/W/471/Rev.1.

11. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

11.1 The TRIPS Council is directed to continue its examination of the scope and modalities for complaints of the types provided for under subparagraphs 1(b) and 1(c) of Article XXIII of GATT 1994 and make recommendations to the Fifth Session of the Ministerial Conference. It is agreed that, in the meantime, Members will not initiate such complaints under the TRIPS Agreement.

11.2 Reaffirming that the provision of Article 66.2 of the TRIPS Agreement are mandatory, it is agreed that the TRIPS Council shall put in place a mechanism for ensuring the monitoring and full implementation of the obligations in question. To this end, developed-country Members shall submit prior to the end of 2002 detailed reports 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. These submissions shall be subject to a review in the TRIPS Council and information shall be updated by Members annually.

(i) to identify those special and differential treatment provisions that are already mandatory in nature and those that are non-binding in character, to consider the legal and practical implications for developed and developing Members of converting special and differential treatment measures into mandatory provisions, to identify those that Members consider should be made mandatory and to report to the General Council with clear recommendations for a decision by July 2002;

(ii) to examine additional ways in which special and differential treatment provisions can be made more effective, to consider ways, including improved information flows, in which developing countries, in particular the least-developed countries, may be assisted to make best use of special and differential treatment provisions, and to report to the General Council with clear recommendations for a decision by July 2002; and

(iii) to consider, in the context of the work programme adopted at the Fourth Session of the Ministerial Conference, how special and differential treatment may be incorporated into the architecture of WTO rules.

The work of the Committee on Trade and Development in this regard shall take fully into consideration previous work undertaking as noted in WT/COMTD/W/77/Rev.1. It will also be without prejudice to work in respect of implementation of WTO Agreement in the General Council and in other Councils and Committees.

12.2 Reaffirms that preference granted to developing countries pursuant to the Decision of the Contracting Parties of 28 November 1979 ("Enabling Clause") should be generalized, non-reciprocal and non-discriminatory.

Agrees that outstanding implementation issues be addressed in accordance with paragraph 12 of the Ministerial Declaration (WT/MIN(01)/DEC/-).

Requests the Director-General, consistent with paragraphs 38 to 43 of the Ministerial Declaration (WT/MIN/(01)/DEC/-1), to ensure that WTO technical assistance focuses, on a priority basis, on assisting developing countries to implement existing WTO obligations as well as on increasing their capacity to participate more effectively in future multilateral trade negotiations. In carrying out this mandate, the WTO Secretariat should cooperate more closely with international and regional intergovernmental organisations so as to increase efficiency and synergies and avoid duplication of programmes.

The WTO's Ministerial Conference at Doha approved on (10 November, 2001) by consensus the text of the agreement for China's entry into the WTO. China will become legally a Member 30 days after the WTO receives notification of the ratification of the agreement by China's Parliament.

The documents adopted by the Conference are the report of the Working Party for the Accession of China, the protocol of accession, which includes the terms of membership, and the schedule of China's commitments on market access for goods and services.

"This is an historic moment for the WTO, for China and for international economic cooperation", said WTO's Director-General, Mike Moore, commenting on the approval of China's accession.

"China, one of the fastest growing economies in the world, has made tremendous progress in the last decade in reducing poverty thanks to an economics system increasingly open to trade and foreign investment. Now this economy will be subjected to the rules-based system of the WTO, something which is bound to enhance global economic cooperation", said Mr. Moore.

After the approval of China's accession, the head of the Chinese delegation, Shi Guangsheng, Minister of Foreign Trade and Economic Cooperation, said, "We need to invite all Members to formulate the international trade rules of the new century through equal participation and consultation, so as to enable more developing countries to share the opportunities and interests brought about by the economics globalisation and to avoid the further widening of the gap between rich and poor and protect some countries against being marginalised."

Under the chairmanship of Ambassador Pierre-Louis Girard of Switzerland, the Working Party concluded on 17 September almost 15 years of negotiations with China and agreed to forward some 900 pages of legal text for formal acceptance by the 142 Member Governments of the WTO.

As a result of this negotiation, China has agreed to undertake a series of important commitments to open and liberalise its regime in order to better integrate in the world economy and offer a more predictable environment for trade and foreign investment in accordance with WTO rules.

The WTO's Ministerial Conference at Doha approved on 11 November, 2001 by consensus the text of the agreement for Chinese Taipei's entry into the WTO. Chinese Taipei will become legally a member 30 days after the WTO receives notification of the ratification of the agreement by Chinese Taipei's Parliament.

The documents adopted by the Conference are the report of the Working Party for the Accession of Chinese Taipei, the Protocol of Accession, which includes the terms of membership, and the schedule of Chinese Taipei's commitments on market access for goods and services.

WTO Director-General Mike Moore welcomed the acceptance of Chinese Taipei into the rules-based trading system. "With Chinese Taipei's membership, the WTO is taking yet another step towards achieving universal membership", said Mr. Moore. "This is an important step and one which I'm sure will enhance even further economic cooperation and will promote trade exchanges in a very dynamic region of the world", he added.

The Director-General also said "In the last two years the WTO Membership has increased by seven; Albania, Croatia, Georgia, Jordan, Lithuania, Moldova, Oman and with another 28 seeking membership".

After the Ministerial Conference approved the accession, the head of delegation of Chinese Taipei, Mr. Lin-Hsin-I, Minister of Economic Affairs, said: "This event not only illustrates the support and acknowledgement we receive from the WTO Members, but also represents the trust and commitments of our 23 million people toward the multilateral trading system embodied by the WTO."

Under the chairmanship of Martin R. Morland, United Kingdom, the Working Party concluded on 18 September almost 12 years of negotiations with Chinese Taipei and agreed to forward the legal text for formal acceptance by the 142 Member government of the WTO.

As a result of this negotiation, Chinese Taipei has agreed to undertake a series of commitments to open and liberalise its trade regime even further in order to provide better access to its market to foreign supplies of goods and services in accordance with WTO rules.

Today we are taking what could be called the final collective step by the WTO's membership in adopting the terms and conditions of China's Membership to the WTO. This is a historic occasion.

It is well know that India has consistently supported the accession of China to the WTO. History bears testimony to the strong and longstanding economic, trade, political and cultural relations between India and China, which have withstood many tests of time. As China becomes a Member of the WTO, India looks forward to working constructively with China to further these relations in the WTO. China's accession to the WTO will mark a significant stride in achieving the goal of universality of the WTO.

Negotiations in China's accession Working Party have already brought to light a number of common interests and concerns across a wide spectrum of areas dealt with in the WTO. We are convinced that we will have many occasions for developing common approaches to steer the future work of WTO. We also believe that China's membership of the WTO is and important track in progressively harnessing the potential for bilateral trade and to provide transparency, predictability and certainty for the trading entities of both our countries through the legal framework of WTO agreements.

In concluding, we take this opportunity to extend our congratulations to the people of China and the government of the People's Republic of China on this momentous occasion and to wish them all success.

A majority of investigations during the first semester of 2001, 88 in all, were initiated by developed countries, with developing countries initiating 46 investigations. This is in contrast with the situation during the first semester of 2000, when developing country Members initiated 55 investigations while developed country Members initiated only 38. Exports from developing countries were the subject of 60 investigations initiated during the first semester of 2001, while exports from transition economies (including China) were the subject of 39 initiations, and exports from developed countries were the subject of 35 initiations.

The majority (65) of investigations initiated during the first semester of 2001 involved products classified in the base metals sector of the Harmonised System of Tariff Classification, which includes iron, steel and aluminium products. The other two sectors most affected were plastics and textiles, with respectively 17 and 10 investigations initiated. Both the European Communities and Canada initiated all but one investigation during the period on products in the base metals sector. For the United States, investigations on products in the base metals sector represented more than half the number of initiations during the period.

Sixteen WTO Members imposed a total of 85 final anti-dumping measures against exports from 35 countries or customs territories during the first semester of 2001. This total represents a decline from the 127 measures imposed during the corresponding period of 2000. India imposed the most final measures during the period, 18. This represents a significant decline from the 33 final measures imposed by India during the corresponding period of 2000. The United States and Brazil follow India in the number of final measures imposed during the period, with 12 measures each.

Exports from Korea were the subject of the largest number of final measures imposed, 10, during the first semester of 2001, closely followed by exports from China (9 measures). For both countries this was a decrease from the number of measures imposed against their exports during the first semester of 2000, when their exports were subject to 13 measures each.

During the first semester of 2001, developing country Members imposed a total of 54 final measures, while developed country Members imposed a total of 34 final measures. Developing country Members had 36 measures imposed against their exports, developed country Members had 26 measures imposed against their exports, and transition economies (including China) had 23 measures imposed against their exports. As was the case for initiations, the sector most affected by final measures was base metals, with 31 final measures imposed on that products in that sector. This was followed by chemicals, with 27 measures imposed, and textiles with 8 measures. All 12 of the final measures imposed by the United States during the first semester were in the base metals sector, while the majority of the measures imposed by India were in the chemicals sector.

The anti-dumping semi-annual reports by Members for the relevant period can be found on the WTO web-site under document series G/ADP/N/78/.

The WTO Anti-dumping Agreement allows governments to act against dumped imports where there is material Injury to the competing domestic industry. In order to do that the importing government has to determine, after investigating, that dumping is taking place, calculate the extent of dumping (how much lower the export price is compared to the exporter's home market price or "normal value" and determine that the dumping is causing injury.

GATT Article VI allows countries to take action against dumping. The Anti-Dumping Agreement clarifies and expands Article VI, adding detailed procedural and substantive requirements, and the two operate together. They allow countries to act in a way that would normally break the GATT principles of binding a tariff and not discriminating between trading partners- typically an affirmative finding in an anti-dumping case results in an additional import duty on the particular dumped product from the particular exporting country in order to bring its price closer to the "normal value" or to remove the injury to domestic industry in the importing country.

November

1. Council for Trade in Goods

1 Committee on Sanitary and Phytosanitary Measures

1&2 Committee on Subsidies and Countervailing Measures

2&5 Trade Policy review body _ Mauritius

9 Formal Inaugural Session of the Fourth Ministerial conference _ Doha

10-13 Fourth Ministerial Conference - Doha

20&22 Committee on Balance of Payments _ Bangladesh

21 Committee on Trade in Civil Aircraft

21&23 Trade policy review body _ Slovak Republic

26-29 Council for trade-related aspects of intellectual property rights.

27&28 Sub-Committee on Least-Developed Countries

28 Working Party on GATS Rules

29 Committee of Participants on the Expansion of Trade in Information Technology Products

30 Committee on Specific Commitments

30 Council for Trade in Goods

December

3-7 COUNCIL FOR TRADE IN SERVICES

3 & 5 TRADE POLICY REVIEW BODY-MALAYSIA

6 Committee on Agriculture

7 Committee on Agriculture _ Special Session

7 Committee on Rules of Origin

10 Committee on Market Access

11-12 Textiles Monitoring Body

12 GENERAL COUNCIL

17 & 19 TRADE POLICY REVIEW BODY _ UGANDA

18 DISPUTE SETTLEMENT BODY

24 CHRISTMAS EVE (WTO non-working day)

25 CHRISTMAS DAY (WTO non-working day)

31 NEW YEAR EVE (WTO non-working day)

Published by Ministry of Commerce & Industry, Government of India, Udyog Bhawan,
New Delhi - 110011.
We welcome your comments and suggestions :
Telefax No : 301 4622
e-mail : sbiswas @ ub.delhi.nic.in
Website address : http//commin.nic.in/doc

Affected State	Argentina	Australia	Brazil	Canada	Eur.Com.	India	Indonesia	Israel	Japan	Korea, Rep of	Mexico	Newzeland	South Africa	Thailand	Turkey	United States	Uruguay	Venezuela	Totals
Argentina	0	0	0	0	0	0	0	0	0	0	0	0	0	0	0	0	1	0	1
Bangladesh	0	0	0	0	0	1	0	0	0	0	0	0	0	0	0	0	0	0	1
Belgium	1	0	0	0	0	0	0	1	0	0	0	0	0	0	0	0	0	0	2
Brazil	1	0	0	2	0	0	0	0	0	0	0	0	0	0	0	0	0	0	3
Bulgaria	0	0	0	1	0	0	0	0	0	0	0	0	0	0	0	0	0	0	1
Canada	0	0	0	0	0	0	0	0	0	0	0	0	0	0	0	3	0	0	3
Chile	0	0	0	0	0	0	0	0	0	0	0	0	0	0	0	2	0	0	2
Chine, P.R.	4	1	1	3	0	5	0	0	0	0	1	0	0	1	1	5	0	0	22
Czech Republic	0	0	0	0	2	0	0	0	0	0	0	0	0	0	0	0	0	0	2
European Community	0	0	1	0	0	1	0	0	0	0	0	0	0	0	0	0	0	0	2
France	0	0	0	0	0	0	0	0	0	0	0	0	0	0	0	2	0	0	2
Germany	0	0	0	0	0	0	0	1	0	0	0	0	1	0	0	3	0	0	5
India	0	0	0	1	1	0	1	0	0	1	0	0	1	0	0	3	0	0	8
Indonesia	0	2	0	0	0	0	0	0	0	1	0	0	0	0	0	1	0	0	4
Italy	0	0	0	1	0	0	0	0	0	0	0	1	0	0	0	2	0	0	4
Japan	0	1	0	0	1	1	0	0	0	0	0	0	0	0	0	1	0	0	4
Kazakstan	0	0	0	0	0	0	0	0	0	0	0	0	0	0	0	1	0	0	1
Korea, Rep. of	2	1	0	2	1	2	0	0	1	0	0	0	0	0	0	1	0	0	10
Luxembourg	0	0	0	1	0	0	0	0	0	0	0	0	0	0	0	1	0	0	2
Macedonia	0	0	0	2	0	0	0	0	0	0	0	0	0	0	0	0	0	0	2
Malaysia	0	0	0	1	1	1	0	0	0	0	0	0	0	0	0	1	0	0	4
Mexico	0	0	0	0	0	0	0	0	0	0	0	0	0	0	0	1	1	0	2
Netherlands	0	0	0	0	0	0	0	0	0	0	0	0	0	0	0	1	0	0	1
New Zealand	0	0	0	1	0	0	0	0	0	0	0	0	0	0	0	0	0	0	1
Pakistan	0	0	0	0	0	0	0	0	1	0	0	0	0	0	0	0	0	0	1
Poland	0	0	0	0	1	0	0	0	0	0	0	0	0	0	0	0	0	0	1
Romania	0	0	0	0	0	0	0	0	0	0	0	0	0	0	0	1	0	1	2
Russia	0	0	0	0	1	0	0	0	0	0	0	0	1	0	0	1	0	0	3
Saudi Arabia	0	0	0	1	0	0	0	0	0	0	0	0	0	0	0	0	0	0	1
Singapore	0	1	0	0	0	1	0	0	0	0	0	0	0	0	0	0	0	0	2
Slovak Republic	0	0	0	0	1	0	0	0	0	0	0	0	0	0	0	0	0	0	1
South Africa	0	0	0	2	0	0	0	0	0	0	0	0	0	0	0	2	0	0	4
Spain	0	0	0	0	0	0	0	0	0	0	0	0	0	0	0	1	0	0	1
Chinese Taipei	0	0	0	2	1	2	0	0	1	0	0	0	0	0	0	3	0	0	9
Thailand	0	3	0	1	1	1	0	0	0	0	0	0	0	0	0	0	0	0	6
Turkey	0	0	0	0	1	0	0	0	0	0	0	0	0	0	0	0	0	0	1
Ukraine	0	0	0	1	1	1	0	0	0	0	0	0	0	0	0	0	0	0	3
United Kingdom	1	0	0	0	0	0	0	0	0	0	0	0	1	0	0	2	0	0	4
Unites States	2	1	1	0	0	0	0	0	0	0	0	0	0	0	0	0	0	0	4
Venezuela	0	0	0	0	0	0	0	0	0	0	0	0	0	0	0	1	0	0	1
Yugoslavia	0	0	0	1	0	0	0	0	0	0	0	0	0	0	0	0	0	0	1
Totals for 01/01/01/-30/06/01	10	10	3	23	13	16	1	2	2	3	1	1	5	1	1	39	2	1	134