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V. Article IV back to top
A. Text of
Article IV
Article IV: Structure
of the WTO
1.
There shall be a Ministerial Conference composed of representatives of
all the Members, which shall meet at least once every two years. The
Ministerial Conference shall carry out the functions of the WTO and take
actions necessary to this effect. The Ministerial Conference shall have
the authority to take decisions on all matters under any of the
Multilateral Trade Agreements, if so requested by a Member, in
accordance with the specific requirements for decision making in this
Agreement and in the relevant Multilateral Trade Agreement.
2.
There shall be a General Council composed of representatives of all the
Members, which shall meet as appropriate. In the intervals between
meetings of the Ministerial Conference, its functions shall be conducted
by the General Council. The General Council shall also carry out the
functions assigned to it by this Agreement. The General Council shall
establish its rules of procedure and approve the rules of procedure for
the Committees provided for in paragraph 7.
3. The General Council
shall convene as appropriate to discharge the responsibilities of the
Dispute Settlement Body provided for in the Dispute Settlement
Understanding. The Dispute Settlement Body may have its own chairman and
shall establish such rules of procedure as it deems necessary for the
fulfilment of those responsibilities.
4. The General Council
shall convene as appropriate to discharge the responsibilities of the
Trade Policy Review Body provided for in the TPRM. The Trade Policy
Review Body may have its own chairman and shall establish such rules of
procedure as it deems necessary for the fulfilment of those
responsibilities.
5. There shall be a Council for Trade in Goods, a
Council for Trade in Services and a Council for Trade-Related Aspects of
Intellectual Property Rights (hereinafter referred to as the “Council
for TRIPS”), which shall operate under the general guidance of the
General Council. The Council for Trade in Goods shall oversee the
functioning of the Multilateral Trade Agreements in Annex
1A. The
Council for Trade in Services shall oversee the functioning of the
General Agreement on Trade in Services (hereinafter referred to as “GATS”).
The Council for TRIPS shall oversee the functioning of the Agreement on
Trade-Related Aspects of Intellectual Property Rights (hereinafter
referred to as the “Agreement on TRIPS”). These Councils shall carry
out the functions assigned to them by their respective agreements and by
the General Council. They shall establish their respective rules of
procedure subject to the approval of the General Council. Membership in
these Councils shall be open to representatives of all Members. These
Councils shall meet as necessary to carry out their functions.
6. The Council for Trade in Goods, the Council for
Trade in Services and the Council for TRIPS shall establish subsidiary
bodies as required. These subsidiary bodies shall establish their
respective rules of procedure subject to the approval of their
respective Councils.
7. The Ministerial Conference shall establish a
Committee on Trade and Development, a Committee on Balance-of-Payments
Restrictions and a Committee on Budget, Finance and Administration,
which shall carry out the functions assigned to them by this Agreement
and by the Multilateral Trade Agreements, and any additional functions
assigned to them by the General Council, and may establish such
additional Committees with such functions as it may deem appropriate. As
part of its functions, the Committee on Trade and Development shall
periodically review the special provisions in the Multilateral Trade
Agreements in favour of the least-developed country Members and report
to the General Council for appropriate action. Membership in these
Committees shall be open to representatives of all Members.
8. The bodies provided for under the Plurilateral
Trade Agreements shall carry out the functions assigned to them under
those Agreements and shall operate within the institutional framework of
the WTO. These bodies shall keep the General Council informed of their
activities on a regular basis.
B. Interpretation and Application of Article IV
1. Organization chart
52.
The following chart provides an overview of the structure of the WTO:
Key
 |
Reporting to General Council (or a subsidiary
body) |
 |
Reporting to Dispute Settlement Body |
 |
Plurilateral
committees inform the General Council or Goods Council of their
activities, although these agreements are not signed by all WTO
members |
 |
Trade Negotiations Committee reports to General Council |
The General Council also meets as the Trade Policy Review Body and
Dispute Settlement Body.
2. Article IV:1
(a) “there shall be a Ministerial Conference … which shall meet
at least once every two years”
(i) 1996 Singapore Ministerial Conference
53. The First WTO Ministerial Conference was held in Singapore from 9
to 13 December 1996. The Ministerial Declaration(65)
was adopted on 13 December 1996. In addition, a number of Members agreed
on the Ministerial Declaration on Trade in Information Technology
Products.(66) The
Conference also agreed to establish working groups to examine the
relationship between trade and investment, to study issues raised by
Members relating to the interaction between trade and competition
policy, and to conduct a study on transparency in government
procurement; also, to direct the Council for Trade in Goods to undertake
exploratory and analytical work on trade facilitation and the
simplification of trade procedures. These subjects are often referred to
as the “Singapore issues”.
(ii) 1998 Geneva Ministerial Conference
54. The Second Ministerial Conference was held in Geneva,
Switzerland, from 18 to 20 May 1998. The Ministerial Declaration(67)
was adopted on 20 May 1998. Ministers also adopted a Declaration on
Global Electronic Commerce.(68)
(iii) 1999 Seattle Ministerial Conference
55. The Third Ministerial Conference was held in Seattle, United
States, from 30 November to 3 December 1999. Despite intense
negotiations with a view to launching a new Millennium Round, consensus
was not achieved. Members did not adopt any Ministerial Declaration.(69)
(iv) 2001 Doha Ministerial Conference
56. The Fourth Ministerial Conference was held in Doha, Qatar, from 9
to 14 November 2001. Members launched a new round of negotiations
(commonly known as the Doha Round). In addition to the Ministerial
Declaration (also known as the Doha Declaration)(70), Ministers
adopted the declarations and decisions listed below:
- Declaration on the TRIPS Agreement and Public
Health;(71)
-
Decision on “Implementation-Related Issues and
Concerns”;(72)
-
Decision on “Procedures for Extensions under Article 27.4 of
the SCM Agreement for Certain Developing Country Members”;(73)
-
Decision on the “ACP–EC Partnership Agreement”(74)
and Decision on the “Transitional Regime for the EC Autonomous Tariff
Rate Quota Regime on Imports of Bananas”.(75)
57. The text of the Doha Declaration and related decisions is in
Section XIX.D below. The text of the Declaration on the TRIPS Agreement
and Public Health is in the Chapter on the TRIPS
Agreement.
(v) 2003 Cancún Ministerial Conference
58. The Fifth Ministerial Conference was held in Cancún, Mexico,
from 10 to 14 September 2003. The main task was to take stock of
progress in negotiations and other work under the Doha Development
Agenda. The Members approved a Ministerial statement on 14 September
2003 instructing Member government officials to continue working on
outstanding issues.(76) On 1 August 2004, as a follow-up to the
Cancún Ministerial Conference, the General Council adopted a decision
(also known as the “July Package”), which, inter alia, amended the
scope of the Doha negotiations.(77)
(vi) 2005 Hong Kong Ministerial Conference
59. The Sixth Ministerial Conference was held in Hong Kong, China,
from 13 to 18 December 2005. Members adopted a Ministerial Declaration
providing further guidance regarding the Doha negotiations.(78)
(vii) 2009 Geneva Ministerial Conference
60. The Seventh Ministerial Conference was held in Geneva from 30
November to 2 December 2009. Ministers made statements and exchanged
views on the activities of the WTO including the Doha Work Programme,
and the WTO’s contribution to recovery, growth and development.(79)
They also adopted a Decision on the Work Programme on E-commerce and a
Decision on TRIPS Non-Violation and Situation Complaints.(80)
(viii) 2011 Geneva Ministerial Conference
61. The Eighth Ministerial Conference will take place in Geneva,
Switzerland, from 15 to 17 December 2011.
(b) “The Ministerial Conference shall carry out the functions of
the WTO”
(i) Powers of the Ministerial Conference
62. In addition to general powers under
Article IV:1, the Ministerial
Conference has specific powers under other Articles of the WTO
Agreement, including: the power to appoint a Director-General(81),
to adopt an authoritative interpretation of the Multilateral Trade
Agreements(82), to grant a waiver(83), to adopt
amendments(84), and to decide on
accessions.(85)
(ii) Powers under other Agreements
GATT 1994
63. Paragraph 2(b) of the GATT 1994 incorporation text provides that
the references to the CONTRACTING PARTIES acting jointly in Articles
XV:1, XV:2, XV:8,
XXXVIII and the Notes Ad Articles
XII and XVIII of the
GATT 1994, and in the provisions on special exchange agreements in
Articles XV:2, XV:3,
XV:6, XV:7 and
XV:9 of the GATT 1994, shall be
deemed to be references to the WTO; the powers of the CONTRACTING
PARTIES are therefore exercised by the Ministerial Conference. The other
functions that the provisions of GATT 1994 assign to the CONTRACTING
PARTIES acting jointly may be allocated to the various WTO organs by
decision of the Ministerial Conference; as of 30 September 2011, such a
decision had not taken place.
GATS
64. Articles XII:5(b) and
XII:6 give the Ministerial Conference power
to establish certain procedures in connection with balance-of-payments
restrictions.(86)
TRIPS
65. Article 64.3 gives the Ministerial Conference power to extend the
non-applicability of non-violation complaints to the TRIPS Agreement on
recommendation of the TRIPS Council.(87)
(iii) Working parties
66. The Ministerial Conference and General Council have established
the following working parties to carry out various functions:
Working Group on the Relationship between Trade and
Investment(88);
Working Group on the Interaction between Trade and Competition
Policy(89);
Working Group on Transparency in Government
Procurement(90);
Working Parties on Accession(91);
Working Party on Preshipment Inspection(92);
Working Group on Trade, Debt and Finance(93); and
Working Group on Trade and the Transfer of
Technology.(94)
(c) “Ministerial Conference shall … take decisions on all matters
under any of the Multilateral Trade Agreements”
67. As of 31 December 2004, the Ministerial Conference had adopted
the following decisions (also see Section V.B.2
above):
Ministerial Declaration adopted in Singapore(95);
Ministerial Declaration on Trade in Information Technology Products
adopted in Singapore(96);
Ministerial Declaration adopted in Geneva(97);
Ministerial Declaration on electronic commerce adopted in
Geneva(98);
Ministerial Declarations adopted in Doha(99);
Ministerial Declaration on the TRIPS Agreement and Public Health,
adopted in Doha(100);
Decision on Implementation-Related Issues and Concerns, adopted in
Doha(101);
Decision on Procedures for Extensions under Article 27.4 of
the SCM Agreement for Certain Developing Country Members, adopted in Doha(102);
Two decisions on waivers adopted at Doha (Decision on the ACP–EC
Partnership Agreement(103) and Decision on Transitional Regime
for the EC Autonomous Tariff Rate Quotas on Imports of Bananas(104));
Decision on the Work Programme on E-commerce, adopted in
Geneva(105);
and
Decision on TRIPS Non-Violation and Situation Complaints, adopted in
Geneva.(106)
(d) “in accordance with the specific requirements for
decision-making in this Agreement and in the relevant Multilateral Trade
Agreements”
68. As regards the specific requirements for
decision making, see
Section X.B below. Also see the relevant sections of the various
Multilateral Trade Agreements.
(e) Rules of procedure
69. The General Council adopted the rules of procedure for the
Ministerial Conference at its meeting of 31 January 1995.(107)
The General Council amended these rules on 25 July 1996.
3. Article IV:2
(a) “there shall be a General Council”
70. The General Council is the WTO’s highest-level decision-making
body. It meets regularly to carry out the functions of the WTO. It has
representatives (usually ambassadors or equivalent) from all Member
governments and has the authority to act on behalf of the Ministerial
Conference.
(b) “The General Council shall also carry out the functions
assigned to it by this Agreement”
71. The General Council is mandated to make appropriate arrangements
for effective cooperation with intergovernmental organizations under
Article V:1 for consultation and cooperation with non-governmental
organizations under Article V:2.(108)
Article VII:3 mandates the
General Council to adopt financial regulations(109) and the
budget.(110)
(c) “the General Council shall establish its rules of procedure”
72. The General Council adopted its rules of procedure on 31 January
1995 (see paragraph 69 above).(111)
73. The General Council approved the first set of guidelines for
appointment of officers to WTO bodies on 31 January 1995. These
guidelines were proposed by the Chairman of the GATT 1947 CONTRACTING
PARTIES and approved by the Preparatory Committee for the World Trade
Organization.(112) These guidelines were reviewed on 11 December
2002.(113)
(d) “the General Council shall … approve the rules of procedure
for the committees … ”
74. The General Council adopted the rules of procedure for the
following Committees at its meetings on the dates set forth below:
Committee on Trade and Development — 15 November
1995(114);
Committee on Balance-of-Payments Restrictions — 13 and 15 December
1995(115); and
Committee on Regional Trade Agreements(116)
—
2 October
1996.(117)
(e) Procedures for reporting to and by the General Council
75. On 15 November 1995, the General Council adopted procedures for
an annual overview of WTO activities and for reporting under the WTO:
“1. Reporting procedures for sectoral Councils and their subsidiary
bodies
All bodies constituted under Annex 1A Agreements shall be required to
submit a factual report to the Council for Trade in Goods. The same
shall apply to the subsidiary bodies established by the Council for
Trade in Services and the Council for Trade-Related Intellectual
Property Rights. The reports of the sectoral councils would be factual
in nature, containing an indication of actions and decisions taken, with
cross references to reports of subordinate bodies and could follow the
model of the GATT 1947 Council reports to the CONTRACTING PARTIES. The
respective sectoral councils should report in November each year to the
General Council on the activities in the Council as well as in the
subsidiary bodies.
2. Reporting procedures for the Committees on Trade and Development,
on Budget, Finance and Administration and on Balance-of-Payments
Restrictions
The Committee on Trade and Development shall submit a report to the
General Council at the end of each year. The Committees on Budget,
Finance and Administration and on Balance-of-Payments will also submit,
in addition to reports submitted during the course of the year on
specific issues, a short factual report at the end of the year.
3. Reporting procedures for the Committees on Plurilateral Trade
Agreements
The Committees on the Plurilateral Trade Agreements referred to in
Article IV:8 of the WTO Agreement shall be invited to report annually to
the General Council.
4. Action by the General Council and the sectoral councils
The sectoral councils will take note of reports of their subsidiary
bodies.
The General Council will take note of the reports by the sectoral
councils, which would serve as a basis for an overview of the activities
of the WTO in the course of the year. The report of the Committee on
Trade and Development will be adopted by the General Council. The
reports of the other subsidiary bodies mentioned in item 2 above would
be duly noted.
The General Council would also take note of the reports by the
Committees on Plurilateral Trade Agreements referred to in
Article IV:8 of the WTO Agreement.
5. Overview by the Ministerial Conference
The General Council will prepare a report on its activities every
year which would contain a first section of a factual nature,
summarizing actions and decisions taken by the General Council during
the year; a section on dispute settlement; a section on trade policy
reviews; and a cross reference to the reports of sectoral councils and
the Committees mentioned in item 2 above.
The Ministerial Conference would carry out an overview of the
activities of the WTO over the previous two years on the basis of the
annual reports of the General Council. In years when the Ministerial
Conference does not meet, the General Council would carry out an annual
overview of the WTO activities as mentioned in item 4
above.
The overview of activities of the WTO based on these reports could be
part of an Agenda item for general statements at the Ministerial
Conference …”(118)
4. Article IV:3: “the General Council shall convene … to
discharge the responsibilities of the Dispute Settlement Body (DSB)”
(a) General
76. The General Council, acting as the DSB, discharges the
responsibilities enumerated inArticle 2.1 of the DSU(119),
including: the authority to establish panels, to adopt Panel and
Appellate Body reports, to maintain surveillance of implementation of
rulings and recommendations and authorize suspension of concessions and
other obligations under the covered agreements. (120) For the
activities of the DSB generally, see the Chapter on the DSU.
(b) “The DSB … shall establish such rules of procedure”
77. The DSB adopted its own rules of
procedure(121) on 10
February 1995. The DSB follows, mutatis mutandis, the rules of
procedure for the General Council(122) with certain exceptions.
The DSB adopted Chapter V of the rules of procedure concerning officers
on 25 April 1995.(123) For the text of the Rules of Procedure,
see the Chapter on the DSU.
(c) Special Session of the Dispute Settlement Body
78. The Trade Negotiations Committee created a Special Session of the
Dispute Settlement Body for the negotiations on improvements and
clarifications of the Dispute Settlement Understanding launched by
paragraph 30 of the Doha Declaration. However, paragraph 47 of the Doha
Declaration provided that the single undertaking of the Doha Round does
not include “improvements and clarifications of the Dispute Settlement
Understanding”.(124)
5. Article IV:4: “the General Council shall … discharge the
responsibilities of the Trade Policy Review Body”
(a) Country reviews
79. Country reviews are conducted on a rotational basis, with the
frequency of review being determined by reference to each Member’s
share of world trade in a recent representative period. See the Chapter
on the TPRM.
(b) “the Trade Policy Review Body shall …establish such rules of
procedure”
80. At its meeting of 6 June 1995, the TPRB adopted its rules of
procedure(125) following, mutatis mutandis, the rules of
procedures for the General Council(126) with certain exceptions.
See the Chapter on the TPRM.
6. Article IV:5
(a) “Council for Trade in Goods”
(i) Functions
81. The Council for Trade in Goods oversees the functioning of the
Multilateral Trade Agreements in Annex
IA. The bodies that administer
these Agreements report annually to the Council for Trade in Goods as
provided by the Procedures noted above in paragraph 75. The Agreements
also specify the following functions for the Council for Trade in Goods(127)
Understanding on the Interpretation of Article XVII of the GATT
1994:
To receive notifications of state trading enterprises
— paragraph 1;
To receive counter-notifications of state trading enterprises —
paragraph 4; and
To make recommendations with regard to the adequacy of notifications
and the need for further information — paragraph 5.
Understanding on the Interpretation of Article XXIV of the GATT
1994:
To receive a full explanation from Members party to an interim
agreement leading to the formation of a customs union or a free-trade
area, if they believe that 10 years is insufficient for the period in
Article XXIV:5(c) of the GATT 1994 — paragraph 3;
To receive the reports of working parties that examine notifications
made under Article XXIV:7(a) of the GATT 1994 —
paragraph
7;
To receive notifications of substantial changes to the plan and
schedule in any interim agreement — paragraph 9; and
To receive periodic reports from customs unions and constituents of
free-trade areas — paragraph 11.
Agreement on Textiles and Clothing
The Council for Trade in Goods designated the members of the Textiles
Monitoring Body — Article 8.1. It also conducted a review of the
Agreement before the end of each stage of the integration process — Article 8.11. The Agreement and all restrictions there under were
terminated on 1 January 2005.
Agreement on Trade-Related Investment Measures
To receive notifications of all applied TRIMs that are not in
conformity with the TRIMs
Agreement — Article 5.1 —
and of TRIMs applied to certain new
investments — Article 5.5;
To extend the transition period for the elimination of TRIMs of a
developing country Member — Article
5.3;
To assign responsibilities to the Committee on TRIMs —
Article 7.2;
and
To review operation of the TRIMs Agreement and as appropriate
propose amendments to the text to the Ministerial Conference — Article
9.
Anti-Dumping Agreement
To approve anti-dumping action on behalf of a third country —
Article 14.4.
Agreement on Safeguards
To review proposals to suspend substantially equivalent concessions —
Article 8.2;
To receive notifications on results of consultations, on mid-term
reviews (Article 7.4), on compensation
(Article 8.1), or on proposed
suspension of concessions (Article
8.2) — Article 12.2;
To request additional information from a Member notifying a safeguard
measure — Article 12.2; and
To receive reports from the Committee on Safeguards and assign
functions to that Committee — Article
13.1.
Agreement on Notification Procedures
To receive recommendations from the Working Group on Notification
Obligations and Procedures.
82. In addition, under paragraph 2(b) of the GATT 1994 incorporation
text, the Ministerial Conference may allocate certain functions of the
CONTRACTING PARTIES to the GATT to organs of the WTO.(128)
83. The Council for Trade in Goods reports to the General Council on
an annual basis under the procedures referred to in paragraph 75
above.(129)
(ii) Rules of procedure
84. At its meeting of 31 July 1995, the General Council approved
rules of procedure for meetings of the Council for Trade in Goods,
consisting of the General Council’s rules of procedure applied mutatis
mutandis with agreed modifications.(130)
(b) “Council for Trade in Services”
(i) Functions
85. The Council for Trade in Services oversees the functioning of the
General Agreement on Trade in Services (GATS), and has the following
specific functions provided in the GATS(131)
To receive notifications of laws, regulations or administrative
guidelines that significantly affect trade in services covered by
specific commitments, and counter-notifications of measures affecting
the operation of the GATS — Article
III;
To receive and review notifications of economic integration
agreements in services, and periodic reports by parties to such
agreements, and to make recommendations to the parties — Article
V:7;
To receive notifications of labour market integration agreements in
services — Article Vbis;
To develop necessary disciplines on measures relating to
qualification requirements and procedures, technical regulations and
licensing requirements, through bodies it may establish — Article
VI:4;
To receive notifications concerning recognition agreements —
Article VII:4;
To request information from a Member concerning operations of a
monopoly supplier — Article
VIII:3;
To receive notifications of a grant of monopoly rights regarding
supply of a service covered by a specific commitment, or of a proposed
modification of specific commitments — Article VIII:4 or
XXI:1; to
establish procedures for rectification or modification of schedules — Article XXI:5; to establish procedures for changes to Article II
exemptions and scheduled commitments on financial services — Second
Annex on Financial Services;
To receive notifications of balance-of-payments measures —
Article XII:4;
To be informed of security measures — Article
XIVbis;
To carry out an assessment of trade in services, in order to
establish guidelines and procedures for negotiations on progressive
liberalization — Article XIX;
To consult with a Member or Members upon request, or to refer to
arbitration a dispute regarding whether a measure falls within the scope
of a double taxation agreement — Article
XXII:2;
To carry out functions assigned to it to facilitate the operation of
the GATS and further its objectives; to create subsidiary bodies — Article XXIV;
To review Article II exemptions granted for more than five years —
Annex on Article II Exemptions; and
To review periodically developments in the air transport sector —
Annex on Air Transport Services.
86. The Council for Trade in Services reports to the General Council
on an annual basis under the procedures referred to in paragraph 75
above.(132)
(ii) Rules of procedure
87. At its meeting of 15 November 1995, the General Council approved
rules of procedure for meetings of the Council for Trade in Services,
consisting of the General Council’s rules of procedure applied mutatis
mutandis with agreed modifications.(133)
(c) “The Council for Trade-Related Aspects of Intellectual Property
Rights (TRIPS)”
(i) Functions
88. The Council for Trade-Related Aspects of Intellectual Property
Rights (TRIPS Council) oversees the functioning of the Agreement on
Trade-Related Aspects of Intellectual Property Rights. It has the
following specific functions provided in the TRIPS Agreement, as
discussed further in the Chapter on the TRIPS Agreement:
To receive notifications regarding application of the Rome Convention
or the Berne Convention — Articles 1.3 and
3.1;
To receive notifications of international intellectual property
agreements pre-existing the WTO Agreement — Article
4(d);
To conduct negotiations concerning a multilateral system for
notifying and registering geographical indications for certain wines, to
keep under review the application of the provisions of Section 3
(Geographical Indications), to consult with Members and to take action
as agreed to facilitate the objectives of Section 3 — Articles 23.4
and 24.2;
To receive notifications of laws and regulations pertaining to the
TRIPS Agreement made effective by a Member — Article
63.2;
To examine the scope and modalities for
non-violation and situation
complaints made pursuant to the TRIPS Agreement and submit its
recommendations to the Ministerial Conference — Article 64.3;
To grant extensions of the implementation period to least-developed
countries — Article 66.1;
To monitor the operation of the Agreement and Members’ compliance
there under, and to establish appropriate arrangements for cooperation
with WIPO — Article 68; and
To review the implementation of the Agreement periodically and refer
to the Ministerial Conference certain amendments — Article
71.
89. The TRIPS Council reports to the General Council on an annual
basis under the procedures referred to in paragraph 75
above.(134)
(ii) Rules of procedure
90. At its meeting of 15 November 1995, the General Council approved
rules of procedure for meetings of the TRIPS Council, consisting of the
General Council’s rules of procedure applied mutatis mutandis
with agreed modifications.(135)
(d) The Councils “shall operate under the general guidance of the
General Council”
91. The Council for Trade in Goods, see
paragraph 82 above, Council
for Trade in Services, see paragraph 86 above, and Council for
Trade-Related Aspects of Intellectual Property Rights, see paragraph 89
above, all report to the General Council.
7. Article IV:6
(a) “the [Council for Trade in Goods] … shall establish
subsidiary bodies”
92. The Council for Trade in Goods has established the following
working parties as of 30 September 2011:
Working Party on State Trading Enterprises(136);
Working Group on Notification Obligations and
Procedures(137); and
working parties on various regional trade
agreements.(138)
93. The Council for Trade in Goods has also established the following
committees (all, except (a), under specified provisions):
Committee on Market Access;
Committee on Agriculture(139);
Committee on Sanitary and Phytosanitary Measures(140);
Committee on Technical Barriers to Trade(141);
Committee on Subsidies and Countervailing Measures(142);
Committee on Anti-Dumping Practices(143);
Committee on Customs Valuation(144);
Committee on Rules of Origin(145);
Committee on Import Licensing(146);
Committee on Trade-Related Investment Measures(147);
Committee on Safeguards(148); and
Committee of Participants on the Expansion of Trade in Information
Technology Products.
(b) “These subsidiary bodies shall establish … rules of procedure
subject to approval of their respective Councils”
94. The Council for Trade in Goods approved the rules of procedure
for the following subsidiary bodies on the dates set forth below:
Committee on Market Access — 1 December 1995(149);
Committee on Agriculture — 22 May 1996(150);
Committee on Sanitary and Phytosanitary Measures —
11 June
1997(151);
Committee on Technical Barriers to Trade — 1 December
1995(152);
Committee on Subsidies and Countervailing Measures —
22 May
1996(153);
Committee on Anti-Dumping Practices — 22 May
1996(154);
Committee on Customs Valuation — 1 December 1995(155);
Committee on Rules of Origin — 1 December 1995(156);
Committee on Import Licensing — 1 December 1995(157);
Committee on Trade-Related Investment Measures — 1 December
1995(158);
Committee on Safeguards — 22 May 1996.(159)
95. The Rules of Procedure for the Independent Entity are included in
Annex III to the decision by the General Council establishing the
Independent Entity.(160)
96. No rules of procedure have been adopted for the Working Party on
State Trading Enterprises.
(c) “the [Council for Trade in Services] … shall establish
subsidiary bodies as required”
97. As at 31 December 2004, the Council for Trade in Services has
established the following subsidiary bodies:
Committee on Trade in Financial Services;
Committee on Specific Commitments;
Working Party on Domestic Regulation;
Working Party on GATS Rules; and
Working Party on Professional Services.
(d) “the [TRIPS Council] shall establish subsidiary bodies as
required”
98. The Council for Trade-Related Aspects of Intellectual Property
Rights has not established any subsidiary bodies to date.
8. Article IV:7: Committees established by the Ministerial Conference
or General Council
99. The Ministerial Conference and General Council have established
the following Committees to date:
Committee on Trade and Development(161);
Committee on Balance-of-Payments Restrictions(162);
Committee on Budget, Finance and Administration(163);
Committee on Market Access(164);
Committee on Trade and Environment(165); and
Committee on Regional Trade Agreements.(166)
(a) Committee on Trade and Development
(i) Establishment and terms of reference
100. The General Council established the Committee on Trade and
Development on 31 January 1995, with the following terms of reference:
“1. To serve as a focal point for consideration and coordination of
work on development in the World Trade Organization (WTO) and its
relationship to development related activities in other multilateral
agencies.(167)
2. To keep under continuous review the participation of developing
country Members in the multilateral trading system and to consider
measures and initiatives to assist developing country Members, and in
particular the least-developed country Members, in the expansion of
their trade and investment opportunities, including support for their
measures of trade liberalization.(168)
3. To review periodically, in consultation as appropriate with the
relevant bodies of the WTO, the application of special provisions in the
Multilateral Trade Agreements and related Ministerial Decisions in
favour of developing country Members, and in particular least-developed
country Members, and report to the General Council for appropriate
action.
4. To consider any questions which may arise with regard to either
the application or the use of special provisions in the Multilateral
Trade Agreements and related Ministerial Decisions in favour of
developing country Members and report to the General Council for
appropriate action.
5. To provide guidelines for, and to review periodically, the
technical cooperation activities of the WTO(169) as they relate
to developing country Members.
6. The Committee will establish a programme of work which may be
reviewed as necessary each year.”(170)
101. At the Doha Ministerial Conference, Members decided that the
Committee on Trade and Development should act as a forum to identify and
debate developmental aspects of the new negotiations.(171)
(ii) Rules of procedure and observer status
102. On 15 November 1995, the General Council approved rules of
procedure for meetings of the Committee on Trade and Development(172),
consisting of the General Council’s rules of procedure applied mutatis
mutandis with agreed modifications.
103. Several intergovernmental organizations have been given observer
status in the Committee on Trade and Development and the Sub-Committee
on Least Developed Countries.(173)
(iii) Reporting
104. The Committee on Trade and Development reports to the General
Council on an annual basis.(174)
(iv) Activities
Establishment
of the Sub-Committee on Least-Developed Countries
105. The Committee on Trade and Development adopted the decision
establishing the Sub-Committee on Least-Developed Countries(175)
on 5 July 1995 with the following terms of reference:
“(a) to give particular attention to the special and specific
problems of least-developed countries;
(b) to review periodically the operation of the special provisions in
the Multilateral Trade Agreements and related Ministerial Decisions in
favour of the least developed country Members;
(c) to consider specific measures to assist and facilitate the
expansion of the least-developed countries’ trade and investment
opportunities, with a view to enabling them to achieve their development
objectives; (176) and
(d) to report to the Committee on Trade and Development for
consideration and appropriate action.”(177)
106. The Sub-Committee on Least-Developed Countries adopted its rules
of procedure on 17 October 1995.(178)
Work Programme for Least-Developed Countries
107. Pursuant to
paragraph 42 of the Doha Declaration the
Sub-Committee on Least-Developed Countries was mandated to report to the
General Council on an agreed work programme for least-developed
countries.(179) With respect to the mandate of the Doha
Declaration and the negotiations on least-developed countries, see
paragraphs 42–43 of the Doha
Declaration. Since the adoption of the
Work Programme for the Least-Developed Countries on 12 February 2002,
the Sub-Committee has focused on implementation of that programme(180),
as well as monitoring the work of the Integrated Framework discussed
immediately following.
Technical cooperation
108. The Committee on Trade and Development adopted the Guidelines
for WTO Technical Cooperation on 15 October 1996.(181) On 13
December 1996, the Singapore Ministerial Conference adopted the
Comprehensive and Integrated WTO Plan of Action for the Least-Developed
Countries(182), prepared by the Committee on Trade and
Development. The Plan of Action “offers a comprehensive approach and
includes measures relating to the implementation of the Decision in
Favour of Least-Developed Countries(183), as well as in the areas
of capacity-building and market access from a WTO perspective.”(184)
109. Also, on the basis of a recommendation by the Committee on Trade
and Development(185), the Singapore Ministerial Conference agreed
to “organize a meeting with UNCTAD and the International Trade Centre
in 1997, with the participation of aid agencies, multilateral financial
institutions and least-developed countries to foster an integrated
approach to assist these countries enhance their trading opportunities.”(186)
On 27–28 October 1997, the High-Level Meeting on Integrated
Initiatives for Least-Developed Countries’ Trade Development was
organized jointly by the WTO, UNCTAD and ITC, with the participation of
the IMF, UNDP and World Bank.(187) At this High-Level Meeting,
Members (i) “endorsed the Integrated Framework for Trade-Related
Technical Assistance, including for Human and Institutional Capacity
Building, to support Least-Developed Countries in Their Trade and Trade-
Related Activities”(188), (ii) recommended “all WTO Members
to keep under active review all options for improving market access for
least-developed countries presented in the Comprehensive and Integrated
WTO Plan of Action for the Least-Developed Countries and to monitor the
implementation of the commitments made in this regard”(189), and (iii)
“took note of the two reports and the recommendations” produced in
the two roundtable discussions.(190)
110. In 2000, pursuant to
the mandate in paragraph 109 above(191), the Sub-Committee on
Least-Developed Countries conducted the review of all options for
improving market access for least-developed countries presented in the
Comprehensive and Integrated WTO Plan of Action for the Least-Developed
Countries, and reported it to the Committee on Trade and Development.(192)
In addition, pursuant to that mandate, the six core international
agencies of the Integrated Framework, i.e. IMF, ITC, UNCTAD, UNDP, World
Bank and WTO, conducted the review of the Integrated Framework.(193)
In order to implement the decision by the heads of the six core agencies
for the Integrated Framework to revamp the Integrated Framework, the
Sub-Committee on Least-Developed Countries adopted the Integrated
Framework Pilot Scheme.(194) The Pilot scheme included (i) the
recommendation on the establishment of a trust fund(195), and,
(ii) the proposal on the establishment of the Integrated Framework
Steering Committee and the Inter-Agency Working Group.(196)
111. The Doha Declaration instructed the Director-General to consult
with the relevant agencies, bilateral donors and beneficiaries, to
identify ways of enhancing and rationalizing the Integrated Framework
for Trade-Related Technical Assistance to Least-Developed Countries and
the Joint Integrated Technical Assistance Programme (JITAP). The
Committee on Budget, Finance and Administration was instructed to
develop a plan for adoption by the General Council in December 2001 to
ensure long term funding for WTO technical assistance.(197)
112. On 13 July 2003, the six core agencies issued a joint
communiqué that reaffirmed their commitment to providing assistance
that would enable the effective integration of least-developed countries
into the multilateral trading system.(198)
113. At its meeting of 9–10 February 2004, the
Integrated Framework Working Group adopted its work programme in the wake of the second evaluation
of the Integrated Framework.(199) The work programme was subsequently approved by the IF Steering
Committee at its 11th Session on 13 February 2004.(200) The Integrated Framework Working Group aims to
achieve, inter alia, the following by 31 December 2005:
(a) “Encourage effective follow-up to the Diagnostic Trade
Integration Study (DTIS) in those countries where the studies have been
completed(201), as outlined in document WT/LDC/SWG/IF/13.
Bilateral and multilateral development partners are urged to work with
committed IF partner governments to respond to the trade-related
technical assistance priorities identified in the DTIS and its Action
Matrix;
(b) undertake new DTIS in countries that have demonstrated clear and
strong commitment to mainstream trade into national development plans …”
Favourable and more preferential treatment for developing countries
114. The Comprehensive and Integrated WTO Plan of Action for the
Least-Developed Countries (see paragraph 108 above) also includes “provision
for taking positive measures, for example duty-free access, on an
autonomous basis, aimed at improving their overall capacity to respond
to the opportunities offered by the trading system.”(202) At
the High-Level Meeting referenced in paragraph 109 above, as well as
shortly thereafter, 28 Members announced steps taken, or to be taken to
enhance market access for imports from LDCs.(203)
115.
Paragraph 42 of the Doha Ministerial Declaration
commits WTO
Members “to the objective of duty-free, quota-free market access for
products originating from LDCs” and “to consider additional measures
for progressive improvements in market access for LDCs.”(204)
116. The Decision on Implementation-Related Issues and Concerns
combined with paragraph 12 of the Doha Declaration aimed to provide a
two-track solution to developing countries’ issues concerning
implementing the WTO agreements.(205)
117. As part of the Work Programme adopted by the Sub-Committee on
Least-Developed Countries on 28 February 2002(206), it was agreed
that the focus would be on: (i) the identification and examination of
market access barriers to products of least developed countries in
desired markets; (ii) annual reviews in the Sub-Committee on
Least-Developed Countries of market access improvements, market access
measures taken by Members; and (iii) examination of possible additional
measures for improvement of market access, including elimination of
barriers to exports and further improvement of preferential access
schemes such the GSP.(207)
118. As of 30 September 2011, the WTO maintains, beyond the specific
provisions contained in the WTO Agreement, two additional legal
instruments concerning favourable and more preferential treatment for
developing countries: (i) the Enabling Clause(208) and (ii) the
Waiver on Preferential Tariff Treatment for Least-Developed Countries.(209)
With respect to the activities of the Committee on Trade and Development
and the Sub-Committee on Least-Developed Countries concerning the Waiver
on Preferential Tariff Treatment for Least-Developed Countries
respectively, see the Chapter on the GATT 1994 under Article
I.
119. The Committee on Trade and Development receives notifications of
regional trade agreements among developing countries, pursuant to the
Enabling Clause. Before December 2006, the Committee reviewed regional
trade agreements on the basis of procedures it adopted on 2 November
1998.(210) When an agreement was notified under the Enabling
Clause, it was inscribed on the agenda of the Committee on Trade and
Development. Subsequent actions of the Committee might have included “noting”
the agreement, requesting additional information, transferring it to the
Committee on RTAs for examination, and reviewing reports made by members
on changes to their agreements.
120. The Decision on a Transparency Mechanism for Regional Trade
Agreements(211), adopted by the General Council on 14 December
2006, applies to RTAs notified under paragraph 2(c) of the Enabling
Clause, as well as under Article XXIV of the GATT and
Article V of the GATS. For additional information on the Transparency Mechanism, see the
section on the Committee on Regional Trade Agreements below and the
Chapter on the GATT 1994 (under Article
I and XXIV).
121. On 14 December 2010, the General Council adopted a Transparency
Mechanism for Preferential Trade Arrangements (PTAs), applying to almost
all differential and more favourable treatment under the Enabling
Clause; “preferential treatment accorded by any Member to products of
least-developed countries”; and “any other non-reciprocal
preferential treatment authorized under the WTO Agreement”.(212)
This Transparency Mechanism calls for early notification of such
non-reciprocal preferences. Each preferential arrangement is to be
considered by the Committee on Trade and Development on the basis of a
factual presentation prepared by the Secretariat, in a single formal
meeting of the Committee. All information notified is to be made
available on the WTO website, and the Secretariat is to maintain an
electronic database accessible to the public. This Transparency
Mechanism is to apply on a provisional basis until Members approve its
permanent application.(213)
(v) Reference to GATT practice
122. Regarding GATT practice and the terms of reference and
activities of the Committee on Trade and Development under GATT 1947.
(b) Committee on Balance-of-Payments Restrictions
(i) Establishment and terms of reference
123. The General Council established the BOPs
Committee(214)
on 31 January 1995, with the following terms of reference:
“(a) to conduct consultations, pursuant to
Article XII:4, Article
XVIII:12 and the Understanding on the Balance-of-Payments Provisions of
the General Agreement on Tariffs and Trade 1994, on all restrictive
import measures taken or maintained for balance-of-payments purposes
and, pursuant to Article XII:5 of the General Agreement on Trade in
Services, on all restrictions adopted or maintained for
balance-of-payments purposes on trade in services on which specific
commitments have been undertaken; and,
(b) to carry out any additional functions assigned to it by the
General Council.”(215)
(ii) Rules of procedure
124. The General Council approved the rules of procedure for the BOPs
Committee at its meeting of 13 and 15 December 1995.(216)
(iii) Reporting
125. The BOPs Committee reports to the General Council on an annual
basis.
(iv) Activities
126. Regarding the activities of the BOPs Committee, see the Chapters
on the GATT 1994 and on the GATS. Regarding the activities of the BOPs
Committee under the GATT 1947.
(c) Committee on Budget, Finance and Administration
(i) Establishment and terms of reference
127. The General Council established the BFA
Committee(217) at
its meeting of 31 January 1995, with the following terms of reference:
“(i) To examine any questions arising in connection with the
audited accounts, proposals for the budgets of the WTO and [of the
International Trade Centre UNCTAD/WTO, and](218) the financing
thereof.
(ii) To study any financial and administrative questions which may be
referred to it by the Ministerial Conference or the General Council, or
submitted to it by the Director-General, and undertake such other
studies as may be assigned to it by the Ministerial Conference or the
General Council.”(219)
(ii) Rules of procedure
128. At its meeting of 17 February 1995, the Chairman of the General
Council suggested that the BFA Committee follow the rules of procedure
for the General Council, except for voting procedures. The BFA Committee
agreed to work by consensus.(220)
(iii) Reporting
129. The BFA Committee submits annual reports to the General
Council.(221)
(iv) Activities
130. With respect to the activities of the BFA Committee, see
paragraph 180.
(d) Committee on Market Access
(i) Establishment and terms of reference
131. The General Council established the Committee on Market
Access(222)
on 31 January 1995, with the following terms of reference:
“(a) in relation to market access issues not covered by any other
WTO body:
- supervise the implementation of concessions relating to tariffs
and non-tariff measures;
-
provide a forum for consultation on matters relating to tariffs
and non-tariff measures;
(b) oversee the application of procedures for modification or
withdrawal of tariff concessions;
(c) ensure that GATT Schedules are kept up-to-date, and that
modifications, including those resulting from changes in tariff
nomenclature, are reflected;
(d) conduct the updating and analysis of the documentation on
quantitative restrictions and other non tariff measures, in accordance
with the timetable and procedures agreed by the CONTRACTING PARTIES in
1984 and 1985 (BISD 31S/227 and 228, and BISD 32S/92 and 93).
(e) oversee the content and operation of, and access to, the
Integrated Data Base;
(f) report periodically —
and in any case not less than once a year — to the Council on Trade in Goods.”(223)
(ii) Rules of procedure
132. On 1 December 1995, the Council for Trade in Goods approved the
rules of procedure for meetings of the Committee on Market Access.(224)
(iii) Reporting
133. The Committee on Market Access reports to the Council for Trade
in Goods on an annual basis.(225) It also reports to the Council
for Trade in Goods on a periodic basis.(226)
(iv) Activities
134. With respect to the activities of the Committee on Market
Access, see the section on Article II in the Chapter on the GATT
1994.
135. With regard to the Integrated Data Base (IDB) and the
Consolidated Tariff Schedules (CTS) database, the Committee on Market
Access decided that providing broader access to the information in the
IDB and the CTS database would contribute to the effective delivery of
market access-related technical assistance to developing and least
developed countries. In order to achieve this, it adopted a
dissemination policy(227) which draws upon the IDB dissemination
practices(228) focused on the accessibility of IDB and CTS
information via the Internet and on the distribution of CD-ROMs.
(e) Committee on Trade and Environment
(i) Establishment and terms of reference
136. Pursuant to the Marrakesh Ministerial Decision on Trade and
Environment, the General Council established the Committee on Trade and
Environment on 31 January 1995 with the following terms of reference:
“(a) [T]o identify the relationship between trade measures and
environmental measures, in order to promote sustainable development;
(b) [T]o make appropriate recommendations on whether any
modifications of the provisions of the multilateral trading system are
required, compatible with the open, equitable and non-discriminatory
nature of the system, as regards, in particular:
- [T]he need for rules to enhance positive interaction between
trade and environmental measures, for the promotion of sustainable
development, with special consideration to the needs of developing
countries, in particular those of the least developed among them; and
-
[T]he avoidance of protectionist trade measures, and the
adherence to effective multilateral disciplines to ensure responsiveness
of the multilateral trading system to environmental objectives set forth
in Agenda 21 and the Rio Declaration, in particular Principle 12; and
-
[S]urveillance of trade measures used for environmental purposes,
of trade-related aspects of environmental measures which have
significant trade effects, and of effective implementation of the
multilateral disciplines governing those measures”.(229)
137. On 1 March 1995, the Council for Trade in Services, pursuant to
the Ministerial Decision on Trade in Services and the Environment,
requested the Committee on Trade and Environment to examine and report
on the relationship between trade in services and the environment
including the issue of sustainable development.(230) See the
Chapter on the GATS.
(ii) Rules of procedure
138. In practice, the Committee on Trade and Environment follows the
rules of procedure adopted by the General Council.(231)
(iii) Reporting
139. The Committee on Trade and Environment reports to the General
Council on an annual basis.(232)
(iv) Activities
140. See
paragraphs 31–33 of Section XIX.D.1 below (Doha
Declaration). The Committee has reported on its work under the Doha
mandate separately and in its annual reports.(233)
(f) Committee on Regional Trade Agreements
(i) Establishment and terms of reference
141. The General Council established the Committee on Regional Trade
Agreements (Committee on RTAs)(234) on 6 February 1996 with the
following terms of reference:
“(a) to carry out the examination of agreements in accordance with
the procedures and terms of reference adopted by the Council for Trade
in Goods, the Council for Trade in Services or the Committee on Trade
and Development, as the case may be, and thereafter present its report
to the relevant body for appropriate action;(235)
(b) to consider how the required reporting on the operation of such
agreements should be carried out and make appropriate recommendations to
the relevant body;
(c) to develop, as appropriate, procedures to facilitate and improve
the examination process;
(d) to consider the systemic implications of such agreements and
regional initiatives for the multilateral trading system and the
relationship between them, and make appropriate recommendations to the
General Council; and
(e) to carry out any additional functions assigned to it by the
General Council.”(236)
(ii) Rules of procedure
142. The Committee on RTAs adopted its rules of procedure on 2–3
July 1996, which provide, inter alia, that the rules of procedure
for meetings of the General Council shall apply, mutatis mutandis,
for meetings of the Committee on RTAs, with agreed modifications.(237)
(iii) Reporting
143. The Committee on RTAs reports to the General Council on an
annual basis.(238)
144. On 20 February 1998, under item 1(b) of its terms of reference,
the Committee adopted recommendations to the Council for Trade in Goods,
Council for Trade in Services and the Committee on Trade and Development
on a notification format for RTAs and on carrying out reporting
requirements on the operation of regional trade agreements. (239)
In November 1998, the relevant bodies acted on these recommendations.(240)
The Committee on RTAs then circulated schedules for the submission of
biennial reports in December 1998, February 2001 and December 2003.(241)
No such schedules were circulated after 2003. On 14 December 2006, the
General Council established on a provisional basis a new Transparency
Mechanism for all RTAs (see paragraph 149 below); since then, biennial
reports have been de facto superseded by relevant reporting
requirements provided for in the Transparency Mechanism.
(iv) Activities
145. Point 1(a) of its terms of reference above calls for the
Councils or the Committee on Trade and Development to adopt separate
terms of reference for the examination of each regional trade agreement,
and for the Committee on RTAs to carry out any examination.
(242)
Up to the adoption of the Transparency Mechanism for RTAs, the Council
for Trade in Goods and the Council for Trade in Services referred for
examination in the Committee on RTAs every RTA notified to them; the
Committee on Trade and Development referred one RTA to the Committee on
RTAs.
146. For statistics on the number of regional trade agreements
notified to the GATT/WTO, see the Chapter on the GATT 1994 under Article
XXIV and Article I, and the Chapter on the GATS under
Article V. For a
complete list of RTAs notified to the GATT/WTO, see the table at the end
of the Chapter on GATT 1994.
147. At its
44th Session on 13 October 2006, the Committee on RTAs
adopted a common and simplified notification format for regional trade
agreements, and agreed to recommend it to the relevant bodies.(243)
During 2007, the relevant bodies acted on these recommendations.(244)
148. The work of the Committee has been substantially revised in the
light of the General Council Decision of 14 December 2006 on a
Transparency Mechanism for Regional Trade Agreements.(245)
149. The Transparency Mechanism for RTAs is to be applied on a
provisional basis and replaced by a permanent mechanism adopted as part
of the overall results of the Doha Round. The Transparency Mechanism
applies to all RTAs notified under GATT Article XXIV,
GATS Article V and
the paragraph 2(c) of the Enabling Clause. The main features of the
mechanism, agreed upon in the Negotiating Group on Rules, include the
early announcement of any RTA; guidelines regarding the notification of
RTAs; the preparation by the Secretariat of factual presentation and
factual abstracts of RTAs; provisions regarding subsequent notification
and reporting of notified RTAs; technical support for developing
countries; and the distribution of work between the Committee on RTAs —
entrusted to implement the mechanism vis-à-vis RTAs falling under
Article XXIV of GATT 1994 and Article V of the GATS — and the
Committee on Trade and Development, entrusted to do the same for RTAs
falling under the Enabling Clause. For additional information regarding
the Transparency Mechanism, see paragraph 154 below.
150. At the time of the adoption of the Decision on the Transparency
Mechanism for Regional Trade Agreements in December 2006, the Chair of
the General Council had noted that Members intended to conduct an
initial review of the Mechanism within one year.(246) At meetings
held in November and December 2007, the Chairs of the Committee on RTAs
and of the Negotiating Group on Rules, with the full knowledge of the
Chair of the Committee on Trade and Development, reported that Members
considered that there was not yet enough experience for the review.(247)
In its meeting on 13 December 2010, the Negotiating Group on Rules
agreed to promptly launch this review, aimed at making the Transparency
Mechanism a permanent mechanism. The Chairman clarified that it was
understood that the legal review also formed part of that review. The
review would be based on Members’ views on the Transparency Mechanism
and proposals for improvement, a document from the Secretariat
summarizing its experiences and difficulties; the Chairs of the
implementing Committees, namely the Committee on Regional Trade
Agreements and the Committee on Trade and Development, were also invited
to comment on their respective body’s experience with the Transparency
Mechanism.(248) As of 30 September 2011, such review had not been
completed.(249)
151. Following a request by the Chairman of the General Council
regarding ways to improve the timeliness and completeness of
notifications made in 2009, the Committee on Regional Trade Agreements,
through the engagement of its Chairman, is actively pursuing the issue
through contacts with the relevant delegations as regards when and how
these agreements could be notified.(250)
152. Since June 2010, discussions are being held in the Committee on
RTAs on a proposal for a work programme on cross-cutting issues on RTAs.
As of 30 September 2011, no conclusion has been reached on this issue.
Procedures for the consideration and examination of
RTAs
153. After establishment of the Committee on RTAs and before adoption
of the Transparency Mechanism for RTAs, the notification of an agreement
(together with its text) was considered by the Council for Trade in
Goods (if the RTA was notified under Article XXIV of the GATT
1994), the
Council for Trade in Services (if the RTA was notified under GATS
Article V) or the Committee on Trade and Development (if the RTA was
notified under the Enabling Clause). If examination of the agreement was
provided for, the relevant body adopted the terms of reference for the
examination and transferred the examination task to the CRTA.(251)
The examination was generally based on information provided by the
parties to the RTA in the form of a Standard Format.(252) The
factual examination was generally completed within one or two meetings,
and involved oral and written questions and replies, as well as general
statements by Members; all documents were published as formal documents.(253) Once the factual examination was completed, the
Secretariat was invited to draft a report of the examination, as the
basis for consultations with Members. After its adoption by the
Committee, the report was to be sent to the relevant body for final
adoption. Since the entry into force of the WTO, the Committee on RTAs
has been unable to finalize reports on any of the examinations before
it.
154. Following the adoption of the Transparency Mechanism, procedures
applying to the consideration of RTAs notified to the WTO are as follows(254)
- The Secretariat, on its own responsibility and in full
consultation with the parties, prepares a factual presentation of each
notified RTA. The factual presentation is primarily based on information
provided by the parties, including a detailed data submission as
outlined in the Annex to the decision establishing the Transparency
Mechanism.
-
The Secretariat’s factual presentation, as well as any
additional information submitted by the parties is circulated in all WTO
official languages not less than ten weeks in advance of the CRTA
meeting. Members’ written questions or comments on the RTA under
consideration should be transmitted at least four weeks before the
corresponding meeting and should be distributed, together with replies,
at least three working days before the corresponding meeting. As a rule,
a single formal meeting is devoted to the consideration of each notified
RTA and any additional exchange of information should take place in
written form. Detailed minutes are produced on each meeting devoted to
the RTA examination, and published as formal documents.
-
The Secretariat is to prepare factual abstracts for those
RTAs for which the Committee RTA had concluded the factual examination
prior to 31 December 2006. These factual abstracts follow an outline
developed jointly by the Secretariat and the Members; they do not
contain up-to-date information, but an additional information column is
retained as a standard, at least on a provisional basis.(255)
-
Parties to an RTA are to notify changes affecting the
implementation of an RTA or the operation of an already implemented RTA,
as well as a short report at the end of the RTA’s implementation
period.
-
The Committee on RTA is kept regularly informed of the status
of work of the Committee with respect to the Transparency Mechanism, and
this information will also be posted on the WTO website.
(g) Trade Negotiations Committee
(TNC)
155. The Doha Ministerial
Declaration(256) provided that the
overall conduct of the negotiations shall be supervised by a Trade
Negotiations Committee under the authority of the General Council. The
TNC was also mandated to establish appropriate negotiating mechanisms as
required and supervise the progress of the negotiations.(257) At
its first meeting held on 28 January and 1 February 2002(258), on
the basis of proposals made by the Chairman of the General Council, the
TNC appointed the Director-General in an ex officio capacity to
chair the TNC until the deadline established in the Doha Declaration for
concluding the negotiations, i.e. 1 January 2005 (see paragraph 45 of
the Doha Declaration in Section XIX.D.1
below).
156. At the TNC’s first meeting, Members also agreed to a
comprehensive structure comprising a number of groups and bodies to
organize the negotiations. According to this arrangement, each
negotiating body would be responsible for the work on one or more(259)
of the topics listed in the Work Programme of the Doha Declaration (see
paragraphs 12–44 of the Doha Declaration in Section XIX.D.1
below).
The TNC established the following Special Sessions and Negotiating
Groups to carry out the work under the Doha mandate:
- Special Session of the Committee on
Agriculture(260);
-
Special Session of the Council for Trade in Services(261);
-
Negotiating Group on Market Access(262);
-
Special Session of the Council for TRIPS(263);
-
Negotiating Group on Rules(264);
-
Special Session of the Dispute Settlement Body(265);
-
Special Session of the Committee on Trade and Environment(266);
-
Special Session of the Committee on Trade and Development.
9. Article IV:8
(a) Bodies provided for under Plurilateral Trade Agreements
(i) Committee on Government Procurement
157. Concerning the establishment and activities of the Committee on
Government Procurement, see Article XXI and relevant paragraphs of the
Chapter on the Agreement on Government Procurement.
158. The Committee on Government Procurement reports to the General
Council on an annual basis, since its inception in 1996.(267)
(ii) Committee on Trade in Civil Aircraft
159. Concerning the establishment and activities of the Committee on
Trade in Civil Aircraft, see relevant paragraphs of the Chapter on the
Agreement on Trade in Civil Aircraft.
160. The Committee on Trade in Civil Aircraft reports to the General
Council on an annual basis.(268)
(iii) International Dairy Council and International Meat Council
161. The International Dairy Agreement and International Bovine Meat
Agreement, which provided for the International Dairy Council and
International Meat Council, were both terminated and deleted from Annex
4 of the WTO Agreement, and consequently these Councils no longer exist;
see under Article X:9 in this
Chapter.
Footnotes:
65. WT/MIN(96)/DEC;
text in Section XIX. back to text
66. WT/MIN(96)/DEC/16. back
to text
67. WT/DEC(98)/DEC/1; text in Section
XIX. back to
text
68. WT/DEC(98)/DEC/2; text in Section
XIX. back
to text
69. See all documents related to the Ministerial Conference WT/MIN
(99). back
to text
70. WT/MIN(01)/DEC/1; text in
Section XIX. back
to text
71. WT/MIN(01)/DEC/2. See also Section LXXVIII of the Chapter on the
TRIPS Agreement. back
to text
72. WT/MIN(01)/17; provisions of this Decision are discussed in this work
in relation to the relevant WTO obligations to which provisions in the
Decision pertain. back
to text
73. G/SCM/39; see further in the Chapter on the SCM Agreement. back
to text
74. WT/MIN(01)/15. back
to text
75. WT/MIN(01)/16. back
to text
76. WT/MIN(03)/20. back
to text
77. WT/L/579. back
to text
78.
WT/MIN(05)/DEC. back
to text
79. WT/MIN(09)/SR/1–6.back
to text
80. Action by Ministers: WT/MIN(09)/SR/6, item 1.
Decisions:
WT/L/782 and
WT/L/783 respectively. back
to text
81. With respect to the appointment of the Director-General, see Section
VII.B of this Chapter. back
to text
82. With respect to the authoritative interpretations of the Multilateral
Trade Agreements, see paras. 180–181 of this
Chapter. back
to text
83. With respect to waivers, see Section X.B.3 of this
Chapter. back
to text
84. With respect to the adoption of amendments, see the provisions of
Article X. back
to text
85. With respect to accession, see Article XII of this
Chapter. back
to text
86. See Chapter on the GATS, Article XII. back
to text
87. See Chapter on the TRIPS Agreement, Article 64.3; see
WT/L/783. back
to text
88. Established at the Singapore Ministerial Conference, WT/MIN(96)/DEC,
para. 20; inactive since August 2004. back
to text
89. Established at the Singapore Ministerial Conference, WT/MIN(96)/DEC,
para. 20; inactive since August 2004. back
to text
90. Established at the Singapore Ministerial Conference, WT/MIN(96)/DEC,
para. 21; inactive since 2004. back
to text
91. See under Article XII below. back
to text
92. See in the Chapter on the Preshipment Inspection Agreement. back
to text
93. Established at the Doha Ministerial Conference, WT/MIN(01)/DEC/1,
para. 36. back
to text
94. Established at the Doha Ministerial Conference, WT/MIN(01)/DEC/1,
para. 37. back
to text
95. WT/MIN(96)/DEC. back
to text
96. WT/MIN(96)/DEC/16. back
to text
97.
WT/MIN(98)/DEC/1. back
to text
98.
WT/MIN(98)/DEC/2. back
to text
99. WT/MIN(01)/DEC/1. back
to text
100. WT/MIN(01)/DEC/2. back
to text
101. WT/MIN(01)/17. back
to text
102. G/SCM/39. back
to text
103. WT/MIN(01)/15. back
to text
104. WT/MIN(01)/16. back
to text
105. WT/L/782. back
to text
106.
WT/L/783. back
to text
107. WT/GC/M/1, section 4.I. The text of the adopted rules of
procedure can be found in WT/L/28. The rules of procedure were amended
in accordance with the amendment to the guidelines on observer status
for international intergovernmental organizations, annexed to the Rules
of Procedure as Annex 3. The text of the amended Rules of Procedure was
issued as
WT/L/161. back
to text
108. With respect to cooperation agreements with international
intergovernmental organizations concluded by the General Council, see
paras. 41 and 155–156 of this
Chapter. back
to text
109. With respect to staff and financial regulations adopted by
the General Council, see paras. 164–167 and
173 of this Chapter. back
to text
110. Regarding adoption of the budget, see under
Article VII below. back
to text
111. WT/GC/M/1, section 4.I. The text of the adopted rules of
procedure can be found in
WT/L/28. At its meeting of 3 April 1995, the
General Council amended Chapter V (Officers), WT/GC/M/3, section 1. On
25 July 1996, the General Council further amended its rules of procedure
in accordance with the amendment to the guidelines on observer status
for international intergovernmental organizations, annexed to the Rules
of Procedure as Annex 3. The text of the amended Rules of Procedure was
issued as WT/L/161.
back
to text
112. WT/GC/M/1, section 4.I(h). The text of the approved
guidelines was issued as WT/L/31. back
to text
113. The text of the reviewed guidelines can be found in
WT/L/510. back
to text
114.
WT/GC/M/8, section 4(c). Text of rules of procedure as
adopted:
WT/COMTD/6. The rules of procedure follow, mutatis mutandis,
the rules of procedure established for meetings of the General Council
with certain special provisions. back
to text
115.
WT/GC/M/9, section 1(b). Text of rules of procedure as
adopted:
WT/BOP/10. The rules of procedure follow, mutatis mutandis, the
rules of procedure established for meetings of the General Council with
certain special provisions. back
to text
116. Regarding the establishment of the Committee on Regional
Trade Agreements under Article
IV:7, see para. 139. back
to text
117.
WT/GC/M/14, section 3. Text of rules of procedure as
adopted: WT/REG/1. The rules of procedure follow, mutatis mutandis,
the rules of procedure for the General Council with certain special
provisions. back
to text
118.
WT/L/105. back
to text
119. See Chapter on the DSU, Article
2.1. back
to text
120. The powers referred to are found in Articles
6, 16, 21 and
22 of the
DSU. back
to text
121.
WT/DSB/M/1, section 1. back
to text
122. WT/L/161. back
to text
123. WT/DSB/M/4, section 1. The text of the adopted rules of procedure
can be found in
WT/DSB/9. back
to text
124. WT/MIN(01)/DEC, para. 47: see Section XIX.D.1
below. back
to text
125.
WT/TPR/6. back
to text
126. WT/L/161. back
to text
127. Regarding each of these functions, see the Chapters dealing with the
relevant Agreements. back
to text
128. See paragraph 65 above. back
to text
129. Annual reports:
WT/GC/W/25, Section IV; G/L/134 and
Add.1;
G/L/213;
G/L/285;
G/L/337;
G/L/419;
G/L/492; G/L/595;
G/L/637; G/L/665;
G/L/721
and Add.1;
G/L/763;
G/L/808;
G/L/845;
G/L/876;
G/L/911;
G/L/947 and Rev.1 back
to text
130. WT/GC/M/6, section 3. The text of the adopted rules of procedure can
be found in WT/L/79. back
to text
131. Regarding these functions, see the Chapter on the GATS. back
to text
132. Annual reports: S/C/2;
S/C/3;
S/C/5;
S/C/6; S/C/10;
S/C/12;
S/C/14;
S/C/16; S/C/17
and Rev.1;
S/C/19;
S/C/22; S/C/24;
S/C/26;
S/C/28;
S/C/30;
S/C/32; S/C/34. back
to text
133.
WT/GC/M/8, section 4(a). The text of the adopted rules of procedures
can be found in S/L/15. back
to text
134. Annual reports:
WT/GC/W/25, section VI; IP/C/8;
IP/C/12;
IP/C/15; IP/C/19;
IP/C/22;
IP/C/23;
IP/C/27 and Add.1;
IP/C/30;
IP/C/32; IP/C/38
and Add.1;
IP/C/44;
IP/C/48; IP/C/51;
IP/C/52.and
Add.1; and
IP/C/56. back
to text
135.WT/GC/M/8, section 4(b). The text of the adopted rules of procedure
can be found in IP/C/1. back
to text
136.
G/C/M/1, section 5(A). The Working Party reports to the Council for
Trade in Goods on an annual basis, see G/L/35,
128,
198,
281, 335,
418,
491 and
491/Corr.1. back
to text
137.
G/C/M/1, section 6. The Working Party reports to the Council for
Trade in Goods on an annual basis, see G/L/30,
112,
112/Add.1, Add.2,
223,
223/Corr.1, 223/Rev.1,
Rev.2, Rev.3,
Rev.4,
Rev.5. The Working
Party held its last meeting on 3 July 1996.137 back
to text
138. For a list of the regional trade agreement working parties that were
originally established under the GATT 1947 and whose operations
continued under the WTO, see
WT/GC/M/5, item 11. After the General
Council established the Committee on RTAs on 6 February 1996, that
Committee took over the functions of all working parties established to
examine regional trade agreements under Article XXIV
of the GATT.138 back
to text
139. On the establishment of this Committee, see Chapter on the Agreement
on Agriculture, Article 17. back
to text
140. On the establishment of this Committee, see Chapter on the SPS
Agreement, Article 12. back
to text
141. On the establishment of this Committee, see Chapter on the TBT
Agreement, Article 13. back
to text
142. On the establishment of this Committee, see Chapter on the SCM
Agreement, Article 24. back
to text
143. On the establishment of this Committee, see Chapter on the
Anti-Dumping Agreement, Article
16. back
to text
144. On the establishment of this Committee, see Chapter on the Customs
Valuation Agreement, Article 18. back
to text
145. On the establishment of this Committee, see Chapter on the Agreement
on Rules of Origin, Article 4. back
to text
146. On the establishment of this Committee, see Chapter on the Import
Licensing Agreement, Article 4. back
to text
147. On the establishment of this Committee, see Chapter on the TRIMs
Agreement, Article 7. back
to text
148. On the establishment of this Committee, see Chapter on the
Safeguards Agreement, Article 13. back
to text
149. Approval: G/C/M/7, section 2; text of rules:
G/L/148. back
to text
150. Approval: G/C/M/10, section 1(i); text of rules:
G/L/142.
back
to text
151. Approval: G/C/M/20, section 2; text of rules:
G/L/170.
back
to text
152. Approval: G/C/M/7, section 2; text of rules:
G/L/150.
back
to text
153. Approval: G/C/M/10, section 1(iv); text of rules:
G/L/144.
back
to text
154. Approval: G/C/M/10, section 1(ii); text of rules:
G/L/143.
back
to text
155. Approval: G/C/M/7, section 2; text of rules:
G/L/146.
back
to text
156. Approval: G/C/M/7, section 2; text of rules:
G/L/149.
back
to text
157. Approval: G/C/M/7, section 2; text of rules:
G/L/147.
back
to text
158. Approval: G/C/M/7, section 2; text of rules:
G/L/151.
back
to text
159. Approval: G/C/M/10, section 1(iii); text of rules:
G/L/145.
back
to text
160. WT/L/125/Rev.1, Annex III. back
to text
161. WT/GC/M/1, section 7.A(1). back
to text
162. WT/GC/M/1, section 7.A(1). back
to text
163. WT/GC/M/1, section 7.A(2). back
to text
164. See also the Negotiating Group on Market Access in paras. 128–132
of this Chapter. back
to text
165. See also the Special Session of the Committee on Trade and
Development in paras. 100–104 of this
Chapter. back
to text
166.
WT/GC/M/5, section 11; Decision and terms of reference: WT/L/127.
back
to text
167. (footnote original) It is understood that matters relating to
activities in other multilateral agencies will come under the guidance
of the General Council. back
to text
168. (footnote original) The Committee would give consideration, inter
alia, to any report that the Committee on Agriculture may decide to
refer to it following paragraph 6 of the “Decision on Measures
Concerning the Possible Negative Effects of the Reform Programme on
Least-Developed and Net Food-Importing Developing Countries” and
Article XVI of the Agreement on Agriculture. back
to text
169. (footnote original) The technical cooperation activities
referred to in this provision do not include technical assistance for
accession negotiations. back
to text
170. WT/L/46. The adopted terms of reference were prepared by the
Sub-Committee on Institutional, Procedural and Legal Matters at its
meeting of 18 November 1994. PC/IPL/4. back
to text
171. WT/MIN(01)/DEC/1, para 51. back
to text
172. Approval:
WT/GC/M/8, section 4(c); text of rules:
WT/COMTD/6.
back
to text
173.
WT/COMTD/W/22 and its revisions. back
to text
174. Annual reports:
WT/SPEC/17,
WT/COMTD/9,
13,
15,
22,
28, 33 and
Corr.1,
44,
46, 48,
50, 55,
58,
64,
69,
70 and
Add.1.
back
to text
175.
WT/COMTD/M/2, para. 3. back
to text
176. (footnote original) The Sub-Committee would give
consideration, inter alia, to any report that the Committee on
Agriculture may decide to refer to it following paragraph 6 of the “Decision
on Measures Concerning the Possible Negative Effects of the Reform
Programme on Least-Developed and Net Food-Importing Developing Countries”
and Article XVI of the Agreement on
Agriculture. back
to text
177. WT/COMTD/W/8. back
to text
178.
WT/COMTD/LLDC/1. back
to text
179. WT/MIN(01)/DEC/1, para 42. back
to text
180. WT/COMTD/LDC/11. back
to text
181. WT/COMTD/M/12, para. 4. The text of the adopted guidelines can be
found in WT/COMTD/8.
back
to text
182. WT/MIN(96)/DEC,
para. 14. The text of the Plan of Action can be
found in
WT/MIN(96)/14. back
to text
183. This Decision is referenced in Section XIX.A.4 of this
Chapter. back
to text
184.
WT/MIN(96)/14, para. 3. back
to text
185. At its meeting of 15 and 31 October 1996, the Committee on Trade and
Development adopted the report to the General Council (WT/COMTD/9)
which contains the recommendation to hold such a high-level meeting. WT/COMTD/M/12,
Section B. Accordingly, at its meeting of 7, 8 and 13 November 1996, the
General Council adopted that report for adoption by the Singapore
Ministerial Conference.
WT/GC/M/16, Section 8(c)(iv).
back
to text
186. WT/MIN(96)/DEC,
para. 14. back
to text
187. The text of the report of this Meeting can be found in WT/LDC/HL/23.
back
to text
188. The text of the Integrated Framework can be found in WT/LDC/HL/1.
back
to text
189. WT/LDC/HL/23, p. 1. With respect to the preferential tariff
treatment taken to date by the Members for the least-developed country
Members, see para. 114 of this Chapter. back
to text
190. WT/LDC/HL/23, p. 2. The text of the recommendations can be found in WT/LDC/HL/23, pp. 5–10. back
to text
191. WT/LDC/HL/1/Rev.1, para. 6. back
to text
192.
WT/COMTD/33, para. 28. back
to text
193. Taking into account the outcome of the evaluation, the head of the
six agencies issued a joint statement on 12 July 2000. See WT/LDC/SWG/IF/2.
back
to text
194. WT/LDC/SWG/IF/13. back
to text
195. WT/LDC/SWG/IF/13, sections IV and VII. back
to text
196. WT/LDC/SWG/IF/13, section V. The responsibilities of the IF Steering
Committee and the Inter-Agency Working Group are set out in WT/LDC/SWG/IF/13,
paras. 7–9. back
to text
197. The relevant TA Plan for 2002 is contained in WT/COMTD/W/101/Add.4,
the Plan for 2003 in document WT/COMTD/W/104/Rev.2, the TA Plan 2004 in
WT/COMTD/W/119/Rev.3, and for 2005 in
WT/COMTD/W/133/Rev.1.
back
to text
198. WT/IFSC/5. back
to text
199. WT/IFSC/7. back
to text
200.
WT/IFSC/M/10. back
to text
201. Burundi, Cambodia, Djibouti, Ethiopia, Guinea, Lesotho, Madagascar,
Malawi, Mali, Mauritania, Nepal, Senegal and Yemen.
back
to text
202. WT/MIN(96)/DEC,
para. 14, first item. back
to text
203. The 28 Members are: Argentina, Australia, Bulgaria, Canada, Chile,
Czech Republic, Egypt, European Communities, Hong Kong-China, Hungary,
Iceland, India, Indonesia, Japan, Republic of Korea, Malaysia,
Mauritius, Morocco, New Zealand, Norway, Poland, Singapore, Slovak
Republic, Slovenia, Switzerland, Thailand, Turkey and United States. See
WT/COMTD/LDC/W/22, fn. 4. Further, among them, the following 13 Members
notified their market access measures for LDCs to the WTO: Canada, Egypt,
European Communities, Japan, Republic of Korea, Mauritius, Morocco, New
Zealand, Norway, Singapore, Switzerland, Turkey and United States. See WT/COMTD/LDC/W/22, fn. 6. back
to text
204. WT/MIN(01)/DEC/1, para 42. back
to text
205. WT/MIN(01)/17. back
to text
206. See para 130 of this Chapter. back
to text
207. The text of this entire paragraph can be found at WT/COMTD/LDC/11,
Section (a), paras. 6–8. back
to text
208. L/4903. back
to text
209. WT/L/304. back
to text
210.
WT/COMTD/16. back
to text
211.
WT/L/671. back
to text
212. WT/L/806. back
to text
213. WT/L/806. The decision provides templates for abstracts and for
notifications. back
to text
214. WT/GC/M/1, section 7.A(1). back
to text
215. The adopted terms of reference were agreed for proposal by the
Sub-Committee on Institutional, Procedural and Legal Matters at its
meeting of 21 October 1994. PC/IPL/3. back
to text
216.
WT/GC/M/9, section 1(b). The text of the adopted rules of procedure
can be found in WT/BOP/10. back
to text
217. WT/GC/M/1, section 7.A(1). back
to text
218. (footnote original) The text in square brackets is being kept
pending a decision on the future relationship between the WTO
and the ITC, and will be altered in the light of that decision.
back
to text
219. The adopted terms of reference were agreed for proposal by
the Sub-Committee on Institutional, Procedural and Legal Matters at its
meeting of 21 October 1994. PC/IPL/2. back
to text
220. WT/BFA/1, para. 4.
back
to text
221. Annual reports: WT/BFA/29,
34,
37,
43,
50,
55,
61,
66,
69, 74,
81,
92,
100,
108,
113 and Add.1,
122 and
Corr.1.
back
to text
222. WT/GC/M/1, section 7.A(2).
back
to text
223. The terms of reference were agreed for proposal by the
Subcommittee on Institutional, Procedural and Legal Matters at its
meeting of 18 November 1994.
PC/IPL/M/9, para. 8. back
to text
224. Approval: G/C/M/7; text of rules:
G/L/148.
back
to text
225. Annual reports:
G/L/50,
132,
215,
284,
331,
431, 486,
581,
658,
699,
748,
801, 839,
865,
896 and
938. back
to text
226. Periodic reports:
G/MA/1,
4, 57,
58,
59,
60,
61,
62,
71, 107
and 111–116/
Corr.1, 117,
149, 151, 154,
157,
163,
191,
193,
195,
197, 198,
216,
236,
240,
242,
243 and 245. back
to text
227. G/MA/115. back
to text
228. G/MA/IDB/3. back
to text
229. WT/GC/M/1, section 7.A(3), and
MTN.TNC/45(MIN), Annex II.
The Marrakesh Ministerial Decision also sets out a ten-point work
programme covering the three areas of the WTO, i.e. goods,
services and intellectual property rights. See MTN.TNC/45(MIN), Annex
II. back
to text
230. S/C/M/1 (minutes regarding action); S/L/4 (text of
decision). Committee report on its work on this subject: WT/CTE/1, item
9. back
to text
231. WT/L/161. back
to text
232. Annual reports:
WT/CTE/1-7,
10-17. back
to text
233. WT/CTE/7-17. back
to text
234.
WT/GC/M/10, para. 11. The text of the decision can be found
in WT/L/127. back
to text
235. (footnote original) The Committee will also carry out
the outstanding work of the working parties already established by the
Council for Trade in Goods, the Council for Trade in Services or the
Committee on Trade and Development, within the terms of reference defined
for those working parties, and report to the appropriate bodies. back
to text
236.
WT/L/127, para. 1. back
to text
237.
WT/REG/M/2, para. 11. The rules of procedures can be found
in WT/REG/1. See also
WT/REG/M/2, para. 13. back
to text
238.
WT/REG/2,
3,
7, 8,
9, 10,
11,
12, 13,
14,
15, 17,
18,
19 and 20. back
to text
239. WT/REG/M/16, Section B. The text of these recommendations
can be found in
WT/REG/4-
6. back
to text
240. See the Chapter on the GATT 1994 (under
Article I regarding
action taken by the Committee on Trade and Development, and under Article XXIV
regarding action taken by the Council for Trade in Goods);
see the Chapter on the GATS under Article V
regarding action by the
Council for Trade in Services. back
to text
241. Respectively WT/REG/W/33,
WT/REG/W/42 and
WT/REG/W/48. For
more information, see the Chapter on the GATT 1994 under Article XXIV.
The Committee on RTAs postponed reporting obligations for 2003 to 2004
(see WT/REG/M/33, para. 9). back
to text
242. For details on the transfer of competence of GATT 1947
working parties to WTO working parties, see the Chapter on the GATT 1994
under Article XXIV. back
to text
243.WT/REG/M/44, paras. 17–19. back
to text
244. The notification format is circulated in documents
G/L/834,
WT/ COMTD/63 and
S/L/310. See the Chapter on the GATT 1994 (under
Article I regarding action taken by the Committee on Trade and
Development, and under Article XXIV
regarding action taken by the
Council for Trade in Goods); see the Chapter on the GATS under Article V
regarding action by the Council for Trade in Services. back
to text
245.
WT/L/671. back
to text
246. WT/GGC/M/106, 1 March 2007, Section 1. back
to text
247. WT/REG/M/48, 9 January 2008, paragraph 11, and
WT/GC/M/112,
4 March 2008, section 10. back
to text
248. TN/RL/M/37, paras 4–8. back
to text
249. See
TN/RL/M/38 and
Corr.1, 39,
40 and
41 for discussions
held on the review. Document TN/RL/W/252 provides the outcome of
negotiations in the Negotiating Group on Rules regarding the review as
of mid-April 2011. back
to text
250. WT/REG/M/54, para. 4. back
to text
251. Examination is mandatory for RTAs notified under
Article XXIV of the GATT
1994. In the case of services agreements and those
notified under the Enabling Clause, examination is not automatic but can
be decided by Members. By 31 December 2008, decision to submit RTAs to
examination was taken for all services agreements notified and
considered by the Council for Trade in Services, and for a single RTA
notified under the Enabling Clause. back
to text
252. “Standard Format for Information on Regional Trade
Agreements”,
WT/REG/W/6, 15 August 1996 and “Standard Format for
Information on Economic Integration Agreements”,
WT/REG/W/14 and 6 May
1997; the Committee on RTAs took note of these documents at its meetings
of 31 July 1996 and 2 May 1997, respectively. back
to text
253. See “Guidelines on Procedures to Improve and Facilitate
the Examination Process”,
WT/REG/W/15 and Add.1, 6 May 1997 and 16
November 2004; the Committee on RTAs took note of these guidelines at
its meetings of 2 May 1997 (WT/REG/M/10, para. 24) and 11 November 2004
(WT/REG/M/38, para. 24), respectively. back
to text
254. A “Proposed Timeline for Factual Presentations in the CRTA/CTD”
can be consulted on the WTO website. back
to text
255.
WT/REG/M/46, paragraph 48. back
to text
256. WT/MIN(01)/DEC/1. back
to text
257. WT/MIN(01)/DEC/1,
para. 46. back
to text
258. TN/C/M/1. back
to text
259. See for example, the Negotiating Group on Rules, which deals
with: anti-dumping, subsidies and regional trade agreements. back
to text
260. Doha mandate: Doha Declaration paras. 13–14. The Committee
on Agriculture in Special Session agreed on 19 November 2004 to
establish a Sub-Committee on Cotton. back
to text
261. Doha mandate: Doha Declaration para. 15. back
to text
262. Doha mandate: Doha Declaration para. 16. back
to text
263. Doha mandate: Doha Declaration paras. 17–19. back
to text
264. Doha mandate: Doha Declaration paras. 28–29. back
to text
265. Doha mandate: Doha Declaration para. 47. back
to text
266. Doha mandate: Doha Declaration paras. 31–33. back
to text
267. Annual reports: GPA/8 and
Add.1,
19, 25,
30,
44,
58,
73,
75,
82,
85, 89,
92,
95, 103 and
Add.1, and
106. back
to text
268. Annual reports: WT/L/107,
193,
247, 291,
340 and Corr.1, 374,
434,
500,
544 and
Corr.1, 591,
629, 665,
701,
743,
773 and
805. back
to text
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