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OVERVIEW OF THE DOHA WORK PROGRAMME

ISSUES TO BE CONSIDERED BY DEVELOPING COUNTRIES

Commercial Diplomacy ProgrammeCommercial Diplomacy Programme

UNCTAD UNCTAD www.unctad.org/commdipwww.unctad.org/commdipDecember 2001December 2001

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Doha Sets the “Stage” for the:

1- Continuation of the on-going negotiations on the “built-in agenda”2- Launching of new negotiations3- Preparation of possible negotiations in new issues4- Resolution of the implementation issues. Doha marked the beginning of a Doha marked the beginning of a multilateral negotiating process. As in negotiating process. As in soccer it could be seen as the kick-off to soccer it could be seen as the kick-off to the beginning of the game. the beginning of the game.

End of the game: January 1End of the game: January 1stst, 2005, ie: the , 2005, ie: the single undertaking has to be completed in single undertaking has to be completed in 3 years3 years

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The Work Programme Ahead is complex and ambitious because of:

1. the variety of issues and the deep implications for the trading system

2. Different deadlines to achieve the mandates

3. Both “traditional” and “new issues” as well as implementation issues

4. Important interface between the areas of the work programme (eg. services/government procurement; TRIPS/transfer of technology; AD/competition; agriculture/environment, etc.)

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UNCTADThe Doha Conference sets the The Doha Conference sets the “rules of the game” by “rules of the game” by adopting:adopting:

• The Ministerial Declaration, that sets the « work Programme » of negotiations to be completed by January 1st, 2005, and

• The Ministerial Decisions on the implementation issues, TRIPS and public health, the waiver for the ACP/EC post-Cotonou agreements, and the waiver for the banana regime (until 2005)

• An agreement to negotiate the « outstanding » implementation issues (that are not specified in the Ministerial Decision on implementation).

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UNCTAD Some of the Decisions have immediate effects:

• The agreed Decision on The agreed Decision on Trade-Related Trade-Related Aspects of Intellectual Property Rights Aspects of Intellectual Property Rights (TRIPS) and Public Health(TRIPS) and Public Health largely reflects largely reflects the interests of developing countries and the interests of developing countries and clarifies the flexibilities provided by the clarifies the flexibilities provided by the TRIPS Agreement regarding the trading of TRIPS Agreement regarding the trading of medicines.medicines.

• The The waiverwaiver for the ACP/EC post-Cotonou for the ACP/EC post-Cotonou agreements allows to start these ACP/EC agreements allows to start these ACP/EC negotiations in a clear legal framework.negotiations in a clear legal framework.

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The Work Programme contains a number of “development-

relatedprovisions” which reflect the

interests of developing countries (1):

1.1. a commitment to the “objective of a commitment to the “objective of duty free, quota free market access for duty free, quota free market access for products originating in LDCs” (ie: The products originating in LDCs” (ie: The commitments of the UN LDC III commitments of the UN LDC III Conference were reaffirmed. )Conference were reaffirmed. )

The Integrated Framework is The Integrated Framework is considered as a “viable model” for considered as a “viable model” for technical cooperation.technical cooperation.

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2.2. The Declaration and the Decisions The Declaration and the Decisions contain special and differential contain special and differential treatment provisions in almost all the treatment provisions in almost all the areas, including a specific mandate on areas, including a specific mandate on S/D to the WTO Committee on Trade S/D to the WTO Committee on Trade and Development.and Development.  

3.3. New WTO working groups on Transfer New WTO working groups on Transfer of technology and Trade, debt and of technology and Trade, debt and financefinance

4.4. Technical cooperationTechnical cooperation

The Work Programme contains a number of “development-related provisions” which

reflect the interests of developing countries (2):

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• The development content in the The development content in the negotiationsnegotiations

• Operational special and differential Operational special and differential treatment provisionstreatment provisions

The following areexamples of technical work to

be done to identify:

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• Formulate provisions that Formulate provisions that materialise the concept of « food materialise the concept of « food security » (a « development box »?)security » (a « development box »?)

• How to ensure the phasing out of How to ensure the phasing out of export subsidies, considering the export subsidies, considering the different developing countries’ different developing countries’ needs?needs?

In agriculture:

In services:

• Identify measures that ensure the Identify measures that ensure the movement of professionals (a movement of professionals (a « GATS visa »?)« GATS visa »?)

• Identify the market access barriers Identify the market access barriers in each sector of servicesin each sector of services

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UNCTAD In tariffs:

• Give a specific meaning to « less Give a specific meaning to « less than reciprocal » tariff reductionsthan reciprocal » tariff reductions

• Take into account subregional Take into account subregional commitments to preserve regional commitments to preserve regional trade arrangementstrade arrangements

In implementation issues:• Almost all the issues raised by the Almost all the issues raised by the

Decision on implementation refer to Decision on implementation refer to specific problems identified by developing specific problems identified by developing countries: each one of these problems countries: each one of these problems requires an agreed solutionrequires an agreed solution

• Many deadlines on implementation are Many deadlines on implementation are 2002 (crucial year in the process)2002 (crucial year in the process)

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UNCTADThe main mandates on the Built-in Agenda: Agriculture

The Ministerial Declaration sets new The Ministerial Declaration sets new goals for the negotiations in this area:goals for the negotiations in this area:

• Substantial improvement in market Substantial improvement in market access,access,

• Phasing out all forms of export Phasing out all forms of export subsidiessubsidies

• Substantial reductions in trade-Substantial reductions in trade-distorting domestic supportdistorting domestic support

- - Special and Differential Treatment Special and Differential Treatment Provisions to be agreed by 31/03/03Provisions to be agreed by 31/03/03

- Draft Schedules: before 5- Draft Schedules: before 5thth Ministerial Ministerial Conference (2003)Conference (2003)

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UNCTAD The main Mandates on the Built-in Agenda : Services

• Confirmation of the goals of article Confirmation of the goals of article XIX, ie. continue the liberalization XIX, ie. continue the liberalization of trade in servicesof trade in services

• Guidelines and Procedures, as Guidelines and Procedures, as adopted in March 2001adopted in March 2001

• Article IV on special and Article IV on special and differential treatmentdifferential treatment

• Initial Requests to be submitted by: 30-06-Initial Requests to be submitted by: 30-06-0202

• Initial Offers to be submitted by: 31-03-03Initial Offers to be submitted by: 31-03-03

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Launching of new negotiations on:

market access for market access for non-agricultural products;non-agricultural products; the WTO rules on: anti-dumping, subsidies and countervailing measures, regional agreements, fisheries subsidies;the WTO rules on: anti-dumping, subsidies and countervailing measures, regional agreements, fisheries subsidies; geographical indications in the framework of TRIPS;geographical indications in the framework of TRIPS; dispute settlement (improvements and clarifications)dispute settlement (improvements and clarifications)

    

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Trade and Environment Trade and Environment

• On the relations between the Multilateral Environment Agreements (MEAs) and WTO Rules

• On the reduction or elimination of tariff and non-tariff barriers to environmental goods and services.

Note that the Preamble of the Declaration has a Note that the Preamble of the Declaration has a strong language on thestrong language on the right of countries to right of countries to adopt non-distortive trade measures for the adopt non-distortive trade measures for the protection of human, animal or plant life or protection of human, animal or plant life or health, and of the environment "at the levels it health, and of the environment "at the levels it considers appropriate”.considers appropriate”.

Launching of new negotiations on:

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• trade and investmenttrade and investment

• trade and competition policytrade and competition policy

• transparency in government transparency in government procurementprocurement

• trade facilitationtrade facilitation

Members agreed that negotiations on these Members agreed that negotiations on these issues will take place after the Fifth Session of issues will take place after the Fifth Session of the Ministerial Conference 2003 on the basis the Ministerial Conference 2003 on the basis of “a decision to be taken, by explicit of “a decision to be taken, by explicit consensus, at that Session on modalities of consensus, at that Session on modalities of negotiations”.negotiations”.

The pre-negotiating stage agreed on the « Singapore issues »:

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The issues of investment and The issues of investment and competition have been subject of competition have been subject of discussion in UNCTAD since the 1970s .discussion in UNCTAD since the 1970s .

The Doha Ministerial Declaration provides The Doha Ministerial Declaration provides for a specific role to UNCTAD in these for a specific role to UNCTAD in these areas:areas:It is an opportunity to define a It is an opportunity to define a concrete development content to concrete development content to these issues from the beginning of these issues from the beginning of the negotiationsthe negotiations

The pre-negotiating stage agreed on the « Singapore issues »:

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• Trade, Debt and FinanceTrade, Debt and Finance

• Trade and transfer of technologyTrade and transfer of technology

As proposed by the developing countries, As proposed by the developing countries, two new WTO working groups will be two new WTO working groups will be established in these areas. established in these areas.

Negotiations on these topics are not Negotiations on these topics are not foreseen.foreseen.

The formulation of the terms of reference of The formulation of the terms of reference of these 2 working groups is crucial.these 2 working groups is crucial.Both issues are linked to the UN Conference on Financing for Both issues are linked to the UN Conference on Financing for Development (Monterrey, March 2002), and to the implementation of Development (Monterrey, March 2002), and to the implementation of TRIPS.TRIPS.

The « new » Doha Issues

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I.e.: Does this Work Programme I.e.: Does this Work Programme provide the potential to improve the provide the potential to improve the multilateral trading system so as to multilateral trading system so as to enable developing countries to enable developing countries to increase their share of world trade increase their share of world trade and pursue development policies? and pursue development policies?

Is This Work Programme a Is This Work Programme a “Development Round”?“Development Round”?

Final remarks

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• Developing countries are successful in Developing countries are successful in defining clear objectives and negotiating defining clear objectives and negotiating proposals in each topic. proposals in each topic.

• Developed countries provide resources Developed countries provide resources for effective technical cooperation and for effective technical cooperation and capacity building.capacity building.

• Developing countries ensure coherence Developing countries ensure coherence among the topics being negotiated from among the topics being negotiated from the point of view of their development the point of view of their development strategies.strategies.

• Effective, targeted and operational S&D Effective, targeted and operational S&D provisions are ensured in each topic.provisions are ensured in each topic.