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 than 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. Agreement
on Agriculture
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. Agreement
on the Application of Sanitary and
Phytosanitary Measures
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
liberalization 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.
3.5 (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 organizations
as well as his efforts to coordinate with
these organizations 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 organizations 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.
3.6 (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 on
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.
4. Agreement
on Textiles and Clothing
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.
Requests the
Council for Trade in Goods to examine the
following proposals:
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 advanced to 1
January 2000;
and make
recommendations to the General Council by 31
July 2002 for appropriate action.
5. Agreement
on Technical Barriers to Trade
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.
5.3 (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 organizations
as well as his efforts to coordinate with
these organizations 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 organizations 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.
5.4 (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
(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 Technical Barriers to Trade.
6. Agreement
on Trade-Related Investment Measures
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 Investment
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
filing of the application and that, unless
this pre-initiation examination indicates
that circumstances have changed, the
investigation shall not proceed.
7.2 Recognizes
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 operationalize 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-year
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
good concerned. In such cases, 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, recognizing 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. Agreement
on Rules of Origin
9.1 Takes note
of the report of the Committee on Rules of
Origin (G/RO/48) regarding progress on the
harmonization 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 programme shall be consistent with the
Agreement on Rules of Origin, particularly
Articles 2 and 5 thereof. Without prejudice
to Members' rights and obligations, such
arrangements may be examined by the
Committee on Rules of Origin.
10. Agreement
on Subsidies and Countervailing Measures
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 constant 1990 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 on 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 the
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 set forth 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 provisions 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.
12. Cross-cutting
Issues
12.1 The
Committee on Trade and Development is
instructed:
(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 undertaken as
noted in WT/COMTD/W/77/Rev.1. It will also
be without prejudice to work in respect of
implementation of WTO Agreements in the
General Council and in other Councils and
Committees.
12.2 Reaffirms
that preferences granted to developing
countries pursuant to the Decision of the
Contracting Parties of 28 November 1979 ("Enabling
Clause") should be generalised, non-reciprocal
and non-discriminatory.
13.
Outstanding Implementation
Issues
Agrees that
outstanding implementation issues be addressed
in accordance with paragraph 12 of the
Ministerial Declaration (WT/MIN(01)/DEC/-).
14.
Final Provisions
Requests the
Director-General, consistent with paragraphs
38 to 43 of the Ministerial Declaration (WT/MIN(01)/DEC/-),
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.
