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Time Limits
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Subjects (Implementation)
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Observations
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Sources
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31 July 2002
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Special and Differential Treatment (S&D): The Committee on Trade and Development (CTD) in Special Session will report to the General Council by 31 July 2002 on the implementation of special and differential treatment provisions with a view to strengthening them and making them more precise, effective and operational.
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It proved impossible to meet successive deadlines set for 31 July 2002, 31 December 2002 and 10 February 2003, given differences of opinion on issues of importance. To date, no other time limit has been agreed. On 7 April 2003, aiming to move discussions forward, the Chairman of the General Council circulated a draft approach (JOB(03)/68) gathering the 88 proposals into three informal categories. On 5 May 2003, the grouped proposals were distributed in the form of precise lists. The first category contains the proposals for which agreement has proved impossible to reach before or at Cancún. The second category contains the proposals which were forwarded to the relevant bodies of the WTO at the end of May. The third category contains those proposals for which consensus is the most difficult to achieve. Despite this approach, there has been little progress in discussions over the last few months.
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● Paragraph 44 of the Doha Ministerial Declaration and paragraph 12.1 of the Decision on Implementation-Related Issues and Concerns.
● See also WT/GC/M/78 and TN/CTD/7 and paragraph 12 of draft text JOB(03)/150/Rev.2.
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31 July 2002
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Agreement on Textiles and Clothing: The Council for Trade in Goods will report to the General Council on implementation issues relating to the calculation of quota levels for the remaining years of the Agreement.
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Fundamental differences in outlook and interpretation emerged between members, which made it impossible for the Chairman of the Council for Trade in Goods to present a report and recommendations to the General Council. The Chairman of the General Council requested that the delegations pursue their examination of this issue. There has, however, been no significant progress in this area over the past few months.
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● Paragraphs 4.4 et 4.5 of the Decision on Implementation-Related Issues and Concerns.
● See also WT/GC/M/75 and G/C/M/64.
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31 July 2002
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Subsidies and Countervailing Measures:
The Committee on Subsidies and Countervailing Measures will report to the General Council regarding countervailing duty investigations, within the framework of implementation-related issues.
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The Committee was unable to present a consensus-based report to the General Council, and could only deliver a paper drawn up by the Chairman. The matter of whether the Committee could or should continue to exist once it reaches the end of its mandate on 31 July 2002 remains unresolved, some consider that the mandate has been fulfilled, others feel that issues relating to countervailing rights remain outstanding.
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● Paragraph 10.3 of the Decision on Implementation-Related Issues and Concerns.
● See also WT/GC/M/75 and G/SCM/45.
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31 July 2002
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Rules of Origin: The Committee on Rules of Origin will report and make recommendations in response to the outstanding issues.
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The report and recommendations presented by the Chairman of the Committee on Rules of Origin have not, however, been able to resolve all the outstanding issues. These were referred back to the General Council, which set itself the objective of reaching a decision regarding them during its July 2003 Session. During that session, the General Council decided to extend the deadline for concluding negotiations on essential trade policy issues to July 2004.
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● Paragraph 9.1 of the Decision on Implementation-Related Issues and Concerns.
● See also G/RO/52 and WT/GC/M/75, WT/GC/M/81 and G/L/593/Add.1.
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15-16 October 2002
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Agriculture: As planned, the General Council received reports from the Committee on Agriculture concerning two issues linked to implementation: 1. Export and insurance credits; and 2. The Marrakesh Decision on Measures Concerning the Possible Negative Effects of the Reform Programme on Least-Developed and Net Food-Importing Developing Countries.
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The Committee on Agriculture is continuing its work on the issue of implementing Article 10:2 of the Agreement on Agriculture.
The General Council has approved some of the recommendations in the report submitted by the Inter-Agency Panel. One of the most important outstanding issues concerns the decision as to whether an ex ante financing mechanism aimed at food importers is feasible. On 4 July 2003, the Committee forwarded a monitoring report to the General Council (G/AG/16) which also contains:
● a proposal on how to deal with the Inter-Agency Panel recommendation (G/AG/W/58).
● a summary of the WTO round table held on 19 May 2003 on the Marrakesh Decision on net food-importing developing countries.
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● Paragraph 2.2 of the Decision on Implementation-Related Issues and Concerns.
● See also G/AG/11, WT/GC/W/480, G/AG/14 (Chairmans report) and WT/GC/62-G/AG/13 (report by the Inter-Agency Panel).
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End of 2002
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TRIPS: The TRIPS Council will present an interim report to the General Council on developing discussions over the issue of production capacity in the pharmaceutical sector and the actual use of compulsory licensing.
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On 16 December 2002, the Chairman of the TRIPS Council produced a draft decision (JOB(02)/217) which did not however permit members to reach a consensus. On 30 August 2003, a new text (WT/L/540) was accepted by the General Council of the WTO. This compromise text on the implementation of the Doha Declaration on the TRIPS Agreement and Public Health picks up the December 2002 text and adjoins a Declaration from the Chairman of the General Council (JOB(03)/177). The 30 August decision allows poorer countries to use the flexibility within WTO regulations where intellectual property is concerned. These countries will henceforth be able to import cheaper generic products more easily when these are produced within the framework of obligatory licences, if they are not able to manufacture the medicines themselves.
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● Paragraph 6 of the Declaration on the TRIPS Agreement and Public Health.
● See also IP/C/W405 and paragraph 3 of draft text JOB(03)/150/Rev.2.
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End of 2002
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TRIPS: Members from developed countries will have to present detailed reports up to the end of 2002 on the functioning of incentives provided to their enterprises for the transfer of technology, in pursuance to their commitments under Article 66.2 (least-developed countries) of the TRIPS Agreement.
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To date, Australia, Canada, the Czech Republic, the European Communities and their member States, Japan, New Zealand, Norway, and Switzerland have provided the information requested (distributed under reference IP/C/W/388 and addenda). The TRIPS Council, through its Decision of 19 February 2003 (IP/C/28), has agreed that members from developed countries would present a new detailed report on the incentives they have provided or plan to provide every three years.
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Paragraph 11.2 of the Decision on Implementation-Related Issues and Concerns.
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End of 2002
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TRIPS: The Council for TRIPS will report to the Trade Negotiations Committee on the extension of the protection for geographical indications to products other than wines and spirits.
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Given the marked divisions between members on the question of how to begin negotiations on extending the protection of geographical indications, it has not yet been possible to execute this mandate and discussions on this issue are continuing.
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Paragraphs 12 and 18 of the Doha Ministerial Declaration. See also paragraph 13 of draft text JOB(03)/150/
Rev.2.
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*
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End of 2002
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LDCs: The Director General will present an interim report to the General Council on all issues affecting LDCs.
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As planned, and after the establishment of a coordination with the Heads of Secretariats of the other organisations participating in the Integrated Framework, an interim report was sent to the General Council.
A full report will be presented to ministers at the 5th Ministerial Conference.
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● Paragraph 43 of the Doha Ministerial Declaration.
● See the interim report (WT/GC/W/485/
Rev.1) and paragraph 26 of draft text JOB(03)/150/
Rev.2.
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End of 2002
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Outstanding Implementation Issues: In accordance with paragraph 12(b) of the Doha Ministerial Declaration, the Trade Negotiations Committee will receive reports from WTO bodies tasked with examining these matters, over which no specific negotiations mandate has been provided, with a view to taking appropriate action.
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The following reports have been presented to the Trade Negotiation Committee:
● Council for Trade in Goods (G/L/588)
● BOP Committee (WT/BOP/R/66)
● Committee on Trade and Development (WT/COMTD/45)
● Committee for Customs Valuation (G/VAL/49)
● Committee for Market Access (G/MA/118)
● SPS Committee (G/SPS/24)
● TBT Committee (G/TBT/W/191)
● The Committee on Safeguards (G/SG/59)
The presentation of these reports does not mean that all the issues relating to implementation have been resolved. The reports reveal that most issues are still outstanding. The discussions, which took place in 2003, did not lead to significant progress on these implementation issues.
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● Paragraph 12 of the Doha Ministerial Declaration.
● Paragraph 13 of the Decision on Implementation-Related Issues and Concerns.
● The complete list of outstanding issues is contained in document JOB(01)/152/Rev.1.
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End of 2002
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Technical Cooperation and Capacity-Building: The Director General will present an interim report to the General Council (WT/GC/W/484) on the implementation and adequacy of the commitments to technical cooperation and capacity building featured in the Doha Ministerial Declaration.
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An interim report (WT/GC/W/484) has been forwarded to the General Council.
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● Paragraph 41 of the Doha Ministerial Declaration.
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End of 2002
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Anti-dumping Measures: The Committee on Anti-dumping Practices will, through its Working Group on Implementation, draw up recommendations to the General Council on the following issues:
● The modalities for the application of Article 15 (developing countries) of the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the Anti-dumping Agreement).
● The time frame to be used in determining the volume of dumped imports (Article 5.8 of the Anti-dumping Agreement).
● Guidelines for the improvement of annual reviews set out in Article 18.6 of the Anti-dumping Agreement.
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The recommendations of the Committee regarding Articles 18.6 and 5.8 of the Anti-dumping Agreement were accepted by the General Council. Given the disparity of views on Article 15, the Committee has failed to build the consensus required for a recommendation. The issue of article 15 remains outstanding.
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● Paragraphs 7.2 to 7.4 of the Decision on Implementation-Related Issues and Concerns.
● See also JOB(02)/78/Rev.1, G/ADP/10 and G/ADP/11.
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End of 2002
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Market Access: The Committee on Market Access will report to the General Council on the meaning to be given to the phrase substantial interest in relation to the non-discriminatory application of quantitative restrictions in accordance with Article XIII of the GATT 1994.
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This issue has yet to be resolved. The Committee referred the matter back to the General Council for consideration and since that time there has been no significant progress.
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● Paragraph 1.2 of the Decision on Implementation-Related Issues and Concerns.
● See also G/MA/119.
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End of 2002
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Customs Valuation: The Committee on Customs Valuation will report to the General Council on the concerns of several importing members regarding the accuracy of the declared value, including the exchange of information on export values.
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The Committee was unable to provide a consensus-based reply to this issue. It requested contributions and technical advice from the Technical Committee to enable a more fundamental evaluation of communications and opinions. The General Council gave its approval for the Committee on Customs Valuation to instruct the Technical Committee to conclude its work and report no later than 15 May 2003 (G/VAL/51). The answer from the Technical Committee, dated 16 May 2003, was dealt with at the end of May 2003 and it was decided to leave the matter in abeyance.
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● Paragraph 8.3 of the Decision on Implementation-Related Issues and Concerns.
● See also WT/GC/M/77 and G/VAL/50 (report to the General Council).
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End of 2002
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Rules of Origin: Completion of the Work Programme on non-preferential rules of origin.
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The end of December 2002 deadline for completion of the work programme on the harmonisation of rules of origin has proved impossible to keep to. A new July 2003 time limit was set for completing negotiations on important issues of trade policy identified in the report, submitted by the Committee on Rules of Origin to the General Council, dated 15 July 2002 (G/RO/52). This was subsequently pushed back to July 2004. As for the on-going technical work, this will have to be completed by the end of 2004.
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● Paragraph 9.1 of the Decision on Implementation-Related Issues and Concerns.
● See also
WT/GC/M/75, WT/GC/M/81 and JOB(03)/132.
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1 January 2003
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Agreement on Subsidies and Countervailing Measures: The Committee on Subsidies and Countervailing Measures will have to adopt an appropriate methodology to calculate constant 1990 dollars in relation to the exemption of some developing countries from the prohibition of export subsidies.
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Since no proposal had been submitted for calculating the constant 1990 dollars before the 1 January 2003 time limit, the methodology suggested by the Chairman of the Committee (see Appendix 2 of document G/SCM/38) has been applied. Thus, the provision contained in paragraph 10.1 should be implemented.
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Paragraph 10.1 of the Decision on Implementation-Related Issues and Concerns.
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Cancún Ministerial Conference, 10-14 September 2003
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LDCs: Full report of the Director General on all matters affecting LDCs, following consultation with Secretariat heads of other agencies participating in the Integrated Framework.
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The Director General presented a full report (WT/MIN(03)/1) on all the issues affecting LDCs. The report gives details of the main initiatives launched to improve the integration of LDCs into the multilateral trading system.
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Paragraph 43 of the Doha Ministerial Declaration.
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Cancún Ministerial Conference, 10-14 September 2003
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Technical Cooperation and Capacity-Building: Following the December 2002 interim report, the Director General will present a second report on the implementation and adequacy of the commitments made under various paragraphs of the Doha Ministerial Declaration on technical cooperation and capacity building.
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The Director General presented a full report on these issues (WT/MIN(03)/3 and Add.1).
The report reviews all the commitments listed in paragraph 41 of the Ministerial Declaration, and evaluates the way in which these mandates have been fulfilled.
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Paragraph 41 of the Doha Ministerial Declaration.
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Cancún Ministerial Conference, 10-14 September 2003
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TRIPS: The TRIPS Council will be directed to make recommendations on the issue of non-violation complaints (Article XXIII of GATT).
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The TRIPS Council has not been able to make the planned recommendations owing to a lack of consensus on the options involved in recommendations relating to non-violation complaints. Consultations are on-going.
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● Paragraph 11.1 of the Decision on Implementation-Related Issues and Concerns.
● See also
IP/C/27/Add.1 and paragraph 22 of draft text JOB(03)/150/
Rev.2.
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No time limit
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TRIPS: The TRIPS Council will have to examine 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.
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Paragraph 19 of the Doha Ministerial Declaration.
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