Mr.
Chairman,My
colleagues of the Chinese Delegation and I are pleased to
participate the thirteenth session of the Working Party
on China's accession to the WTO and to continue the
discussions on the legal instruments of China's WTO
accession.
Before
I share with you my assessment on the results of this
session, I would like to express my sincere regards to
Mr. Girard who was injured in a traffic accident. I wish
that he could recover at an earlier day and could join us
again and lead this historic negotiation which he has
chaired for 14 years to a successful conclusion. I would
like to express my heart-felt gratitude to Deputy
Director-General, Mr. Ravier. Under your able leadership,
we have made positive progress in many areas during this
session and have reached agreement on some issues. The
chairmen of plurilateral meetings and the Secretariat
have provided valuable assistance and made their own
contributions to the progress achieved in the
multilateral negotiations. The achievement of this
session has demonstrated that the Secretariat can play an
important role to facilitate the negotiation process.
Mr.
Chairman,
I
agree to your assessment on this session. Encouraging
momentum has emerged during this session. China and other
members of the Working Party have made a critical step
forward towards the common goal of the comprehensive
conclusion of the negotiations.
We
have reached agreement on judicial review, transparency
and uniform administration and have agreed upon a
multilateral text on these issues which has been
submitted to the Working Party.
We
have also achieved major progress on the issues of TRIPS,
TRQ administration, NTMs, industrial policy and
transitional review mechanism.
As
for some of the remaining issues, I would like to state
our positions.
First,
on the issue of agriculture and industrial policy.
- The
key to achieve progress in these important areas
is to handle the relevant provisions of the
Agreement on Agriculture and the SCM Agreement in
an appropriate manner and to recognize the fact
that China is a developing country so as to
develop a package solution.
Secondly,
on the issue of trading right.
- China
will honor its commitment in this regard by
granting national treatment to all foreign
individuals and enterprises with respect to the
right to trade. At the same time, all foreign
enterprises and individuals which want to obtain
the right to trade throughout the customs
territory of China should abide by the relevant
laws and regulations of China as all Chinese
citizens and enterprises do.
Thirdly,
on the issue of TBT.
- China
commits to implement the principle of national
treatment in a strictly manner. In order to show
China's sincerity, we have submitted a plan on
the implementation which we believe, will be
effective and practical.
Fourthly,
on the issue of transitional review mechanism.
- Agreed
text has already been reached on this issue among
parties concerned. The solution of the remaining
gap depends on the recognition of the
transitional nature of this mechanism.
Fifthly,
on the issue of relevant criteria of anti-dumping and
procedure of product-specific safeguard.
- We
are deeply concerned on the possible result of
the multilateralization of the anti-dumping
provision and product-specific safeguard
provision in the Draft Protocol. China believes
that relevant criteria and procedure should be
established in this regard so as to avoid
possible abuse in the future.
Sixthly,
on the issue of services.
- We
will ensure that our commitments in the market
access of services could be effectively
implemented However, the other members of the
Working Party should not continue to raise
additional requests to China on some specific
areas of market access.
Mr.
Chairman,
I
would like to take this opportunity to reiterate that
China will abide by its commitments made in the bilateral
and multilateral negotiations. We are convinced that the
observance of these commitments while benefit all the
Members of the WTO, will first and foremost benefit China
in the implementation of its reform and opening up
policy. China has started a series of preparation works
to ensure the implementation of its commitment.
In
order to ensure that China's economic and trade laws and
regulations are consistent with the WTO Agreement, we
have initiated a thorough review of the existing laws and
regulations related to trade. More than 30 laws and
regulations have already been put on the agenda for
revision. This work has been sped up. The revision on the
Customs Law has been concluded last July and the revised
Law is in conformity with the WTO Customs Valuation
Agreement and the Agreement on Rules of Origin.
In
the area of Intellectual Property Rights, the revision on
the Patent Law has been concluded in last August. And the
draft amendment on the Trademark Law and the Copyright
Law will be submitted to the Standing Committee of the
National People's Congress in December. Other legislative
works in the area of intellectual property rights have
also been sped up. Upon China's accession, China will
fully implement the obligations under the TRIPS
Agreement.
In
the area of TRIMs, just before this session of the
Working Party, the Standing Committee of the National
People's Congress has passed two Amendments. These are
amendments to the Law on Chinese-Foreign Contractual
Joint Ventures, and the Law on Foreign Capital
Enterprises. The Amendment to the Law on Chinese Foreign
Equity Joint Ventures, according to our plan, will also
be submitted to the Standing Committee of the National
People's Congress in March 2001. Therefore, upon
accession, China will fully implement its obligations
under the TRIMs Agreement.
Meanwhile,
the Chinese Government has made great efforts to organize
various government departments in reviewing and examining
relevant department rules. The Chinese Delegation has
submitted a comprehensive and detailed plan for the
revision of domestic laws which contain more accurate
timetable. In addition, we have organized extensive
training courses for the government officials at national
and subnational levels as well as for the managers of
enterprises. These training courses will enable them to
familiarize with the WTO rules and China's commitments in
the negotiations. We believe these training will be one
of the important conditions for the implementation of
China's Commitment.
Mr.
Chairman,
China
hopes to accede to the WTO at an early date on the basis
of balance between rights and obligations. However, the
specific date of China's accession is not totally in our
hands. In case the WTO Members have the political will to
conclude the negotiations at the next session, China will
make its best efforts to achieve that goal. China has
showed adequate sincerity and flexibility and hopes that
its efforts could be reciprocated by WTO Members. At this
final stage of the negotiations in particular, the common
goal of China's early WTO accession will only be achieved
should all the parties concerned show a flexible and
practical attitude.
Thank
you, Mr. Chairman.
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