The texts reproduced here do not have the legal standing of the original documents which are entrusted and kept at the WTO Secretariat in Geneva.

> Preamble
> Article I
> Article II
> Article III
> Article IV
> Article V
> Article VI
> Article VII
> Article VIII
> Article IX
> Article X
> Article XI
> Article XII
> Article XIII
> Article XIV
> Article XV
> Article XVI
> Explanatory notes
> Declaration on the contribution of the World Trade Organization to achieving greater coherence in global economic policymaking
> Declaration on the relationship of the World Trade Organization with the International Monetary Fund
> Decision on the acceptance of and accession to the agreement establishing the World Trade Organization
> Decision on measures in favour of least-developed countries
> Understanding in respect of waivers of obligations under the General Agreement on Tariffs and Trade 1994
> Accessions under Article XXXIII
> WTO Membership
> WTO Observers
> Doha Texts
> The July Package
> General Interpretative Note to Annex 1A

> Analytical Index main page

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

33.     For an overview of the WTO structure see the flowchart below.

Key

	Reporting to General Council (or a subsidiary)
	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

1. Article IV:1

(a) “there shall be a Ministerial Conference … which shall meet at least once every two years”

34.     Five Ministerial Conferences have been convened between the establishment of the WTO in 1995 and 31 December 2004:

(i) 1996 Singapore Ministerial Conference

35.     The First WTO Ministerial Conference was held in Singapore between 9 and 13 December 1996. The Ministerial Declaration(33) was adopted on 13 December 1996. In addition, the Conference adopted the Ministerial Declaration on Trade in Information Technology Products.(34) The Conference also set up working groups to study the relationship between trade and investment, trade and competition policy, transparency in government procurement, and trade facilitation. These subjects are mainly referred to as the “Singapore issues”.

(ii) 1998 Geneva Ministerial Conference

36.     The Second Ministerial Conference was held in Geneva, Switzerland, between 18 and 20 May 1998. The Ministerial Declaration(35) was adopted on 20 May 1998. Ministers also adopted a Declaration on Global Electronic Commerce.(36)

(iii) 1999 Seattle Ministerial Conference

37.     The Third Ministerial Conference was held in Seattle, United States, between 30 November and 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.(37)

(iv) 2001 Doha Ministerial Conference

38.     The Fourth Ministerial Conference was held in Doha, Qatar, between 9 and 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)(38), Ministers adopted the declarations and decisions listed below:

• Declaration on the TRIPS Agreement and Public Health(39)
   
• Decision on “Implementation-Related Issues and Concerns”;(40)
   
• Decision on “Procedures for Extensions under Article 27.4 of the SCM Agreement(41) for Certain Developing Country Members”;(42)
   
• Decision on the “ACP-EC Partnership Agreement”;(43)
   
• Decision on the “Transitional Regime for the EC Autonomous Tariff Rate Quota Regime on Imports of Bananas”.(44)

39.     The text of the Doha Declaration and related decisions is in Section XXVII below. The text of the Declaration on the TRIPS Agreement and Public Health is in Section LXXVIII of the Chapter on the TRIPS Agreement.

(v) 2003 Cancun Ministerial Conference

40.     The Fifth Ministerial Conference was held in Cancun, Mexico, between 10 and 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.(45)

(b) “The Ministerial Conference shall carry out the functions of the WTO”

(i) Competencies of the Ministerial Conference

41.     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(46), to adopt an authoritative interpretation of the Multilateral Trade Agreements(47), to grant a waiver(48), to adopt amendments(49), and to decide on accessions.(50)

(ii) Competencies under other Agreements

GATS

42.     Articles XII:5(b) and XII:6 gives the Ministerial Conference power to establish certain procedures in connection with balance-of-payments restrictions.(51)

TRIPS

43.     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.(52)

GATT 1994

44.     Paragraph 2(b) provides that powers granted to the CONTRACTING PARTIES acting jointly in the GATT may be allocated to the various WTO organs by decision of the Ministerial Conference. See Articles VII:4(c), XII:5, XV:5, XV:6, XXXVI:1(f) and XXXVI:6 of GATT. With respect to GATT practice concerning Article VII, see GATT Analytical Index, pages 259–265.

(iii) Working parties

45.     The Ministerial Conference and General Council have established the following working parties to carry out various functions:

(a)      Working Group on the Relationship between Trade and Investment(53);

(b)      Working Group on the Interaction between Trade and Competition Policy(54);

(c)      Working Group on Transparency in Government Procurement(55);

(d)      Working Parties on Accession(56); and

(e)      Working Party on Preshipment Inspection(57);

(f)       Working Group on Trade, Debt and Finance(58); and

(g)      Working Group on Trade and the Transfer of Technology.(59)

(c) “Ministerial Conference shall … take decisions on all matters under any of the Multilateral Trade Agreements”

46.     As of 31 December 2004, the Ministerial Conference had adopted the following decisions (also see Section V.B.1 above:

(a)      Ministerial Declaration adopted in Singapore(60);

(b)      Ministerial Declaration on Trade in Information Technology Products adopted in Singapore(61);

(c)      Ministerial Declaration adopted in Geneva(62);

(d)      Ministerial Declaration on electronic commerce adopted in Geneva(63);

(e)      Ministerial Declarations adopted in Doha(64);

(f)       Ministerial Declaration on the TRIPS Agreement and Public Health adopted in Doha(65);

(g)      Decision on Implementation-Related Issues and Concerns, adopted in Doha(66);

(h)      Decision on Procedures for Extensions under Article 27.4 of the SCM Agreement for Certain Developing Country Members, adopted in Doha(67);

(i)       Decision on the ACP-EC Partnership Agreement, adopted in Doha(68); and

(j)       Decision on Transitional Regime for the EC Autonomous Tariff Rate Quotas on Imports of Bananas, adopted in Doha.(69)

(d) “in accordance with the specific requirements for decision-making in this Agreement and in the relevant Multilateral Trade Agreements”

47.     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

48.     The General Council adopted the rules of procedure for the Ministerial Conference at its meeting of 31 January 1995.(70) The General Council amended these rules on 25 July 1996.

2. Article IV:2

(a) “there shall be a General Council”

49.     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”

(i) General

50.     The General Council is charged with the power to form cooperation agreements with intergovernmental organizations and non-governmental organizations(71), adopt staff and financial regulations(72), and adopt the budget.(73)

Circulation and derestriction of documents

51.     On 14 May 2002, the General Council adopted a new decision abrogating the decision of 18 July 1996.(74) Paragraph 4 of this decision states that “[t]he Decision of the General Council of 18 July 1996 on Procedures for the Circulation and Derestriction of WTO documents, as contained in WT/L/160/Rev.1, shall be abrogated as of the date of adoption of the present decision, but will remain in effect for documents circulated prior to that date.”(75)

(c) “the General Council shall establish its rules of procedure”

52.     The General Council adopted its rules of procedure on 31 January 1995 (see paragraph 48 above).(76)

53.     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.(77) These guidelines were reviewed on 11 December 2002.(78)

(d) “the General Council shall … approve the rules of procedure for the committees …”

54.     The General Council adopted the rules of procedure for the following Committees at its meetings on the dates set forth below:

(a)      Committee on Trade and Development — 15 November 1995(79);

(b)      Committee on Balance-of-Payments Restrictions — 13 and 15 December 1995(80); and

(c)      Committee on Regional Trade Agreements(81) — 2 October 1996.(82)

3. Article IV:3: “the General Council shall convene … to discharge the responsibilities of the Dispute Settlement Body (DSB)”

(a) General

55.     The General Council, acting as the DSB, discharges the responsibilities enumerated in Article 2.1 of the DSU(83), 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.(84) For the activities of the DSB generally, see Chapter on the DSU, in particular, Section II.B.

(b) “The DSB … shall establish such rules of procedure”

56.     The DSB adopted its own rules of procedure(85) on 10 February 1995. The DSB follows, mutatis mutandis, the rules of procedure for the General Council(86) with certain exceptions. The DSB adopted Chapter V of the rules of procedure concerning officers on 25 April 1995.(87) For the text of the Rules of Procedure, see Section XXXV of the Chapter on the DSU.

(c) Special Session of the Dispute Settlement Body

57.     The Trade Negotiations Committee created a Special Session of the Dispute Settlement Body to negotiate improvements and clarifications of the Dispute Settlement Understanding. This negotiation will not be part of the single undertaking. In this respect, see paragraph 47 of the Doha Declaration in Section XXVII below.

4. Article IV:4: “the General Council shall … discharge the responsibilities of the Trade Policy Review Body”

(a) Country reviews

58.     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 Section III.B.2 of the Chapter on the TPRM.

59.     The TPRB conducted 197 reviews(88) between its formation and 31 December 2004. The reviews covered 114 Members, counting the European Union as one Member.

(b) “the Trade Policy Review Body shall … establish such rules of procedure”

60.     At its meeting of 6 June 1995, the TPRB adopted the rules of procedure(89) following mutatis mutandis, the rules of procedures for the General Council(90) with certain exceptions.

5. Article IV:5

(a) “Council for Trade in Goods”

(i) Functions

61.     The Council for Trade in Goods oversees the functioning of the Multilateral Trade Agreements in Annex IA; the Agreements specifically set forth the following:

(a)      Understanding on the Interpretation of Article XVII of the General Agreement on Tariffs and Trade 1994:

(i)      To receive notifications of state trading enterprises — Article 1;

(ii)     To receive counter-notifications of state trading enterprises — Article 4;

(iii)    To make recommendations with regard to the adequacy of notifications and the need for further information — Article 5; and

(iv)    To receive annual reports of the Working Party on State Trading — Article 5;

(b)      Agreement on Textiles and Clothing

(i)      The Council for Trade in Goods conducted a review of the Agreement before the end of each stage of the integration process until all restrictions thereunder terminated on 1 January 2005.

(c)      Agreement on Trade-Related Investment Measures

(i)      To receive notifications of all applied TRIMS and those not in conformity with TRIMS — Article 5.1;

(ii)     To extend the transition period for the elimination of TRIMs notified by developing country Members — Article 5.3;

(iii)    To receive notifications on any TRIM applied to a new investment — Article 5.5;

(iv)    To assign responsibilities to the Committee on TRIMS and receive reports on the operation and implementation of the TRIMs Agreement — Article 7; and

(v)     To review operation of the TRIMs Agreement and as appropriate propose amendments to the text to the Ministerial Conference — Article 9.

(d)      Customs Valuation Agreement

(i)      To receive reviews on developments on the implementation and operation of the Agreement — Article 23; and

(ii)     Points 1 and 2 of Annex III of the Custom Valuation Agreement refers to the “Members”. This could be the Council for Trade in Goods or the Customs Valuation Committee.

(e)      Agreement on Safeguards

(i)      To review the suspension of substantially equivalent concessions — Article 8.2;

(ii)     To receive notifications on results of consultations — Article 12.5; any form of compensation (Article 8.1); proposed suspension of concessions (Article 8.2) and other obligations; and

(iii)    To establish a Committee on Safeguards (Article 13.1) and receive its reports on functioning of agreement.

(f)      GATT 1994

(i)      Moreover, under paragraph 2(b) of GATT 1994 powers granted to the CONTRACTING PARTIES acting jointly in the GATT may be allocated to the various WTO organs by decision of the Ministerial Conference. Such decision has not been taken to date. Under such a decision, the Council for Trade in Goods may well be charged with most of the powers now allocated to CONTRACTING PARTIES acting jointly in the GATT, in conformity with allocating the overseeing function also with respect to GATT 1994 to the Council for Trade in Goods.(91)

62.     As regards the activities of the Council for Trade in Goods in the areas enumerated in paragraph 61 above, see the Chapters dealing with the relevant Agreements. The Council for Trade in Goods reports to the General Council on an annual basis.(92)

(ii) Rules of procedure

63.     The General Council approved the rules of procedure and the relevant addendum for meetings of the Council for Trade in Goods at its meeting of 31 July 1995.(93)

(b) “Council for Trade in Services”

(i) Functions

64.     The Council for Trade in Services(94) oversees the functioning of the General Agreement on Trade in Services (GATS). The Agreement specifically sets forth the following:

(a)      Under Article XXIV of the GATS, powers “to facilitate the operation of this Agreement and further its objectives”, including the power to create subsidiary bodies (a variant of this latter power is in Article VI:4 of GATS); and

(b)      Under Article V:7 of the GATS, power to make recommendations to parties to economic integration agreements.(95)

65.     As regards the activities of the Council for Trade in Services in the areas set out in paragraph 64 above, see the Chapter on the GATS. The Council for Trade in Services reports to the General Council on an annual basis.(96)

(ii) Rules of procedure

66.     The General Council approved the rules of procedure for the Council on Trade in Services at its meeting of 15 November 1995.(97)

(c) “The Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS)”

(i) Functions

67.     The Council for Trade-Related Aspects of Intellectual Property Rights(98) oversees the functioning of the Agreement on Trade-Related Aspects of Intellectual Property Rights; the Agreement specifically sets forth the following:

(a)      To keep under review application of the provisions of Section 3 (Geographical Indications) of the Agreement — Article 24.2;

(b)      To receive notification on laws and regulations, final judicial decisions and administrative rulings of general application pertaining to the TRIPS agreement made effective by a Member — Article 63.2;

(c)      to grant extensions of the implementation period to least-developed countries under Article 66.1; and

(d)      to monitor the operation of the Agreement and Members’ compliance thereunder, pursuant to Article 68.

68.     With respect to the activities of the Council for Trade-Related Aspects of Intellectual Property Rights in the areas described in paragraph 67 above, see Chapter on the TRIPS Agreement. See also the annual reports of the Council for Trade-Related Aspects of Intellectual Property Rights to the General Council.(99)

(ii) Rules of procedure

69.     The General Council approved the rules of procedure for the Council for Trade-Related Aspects of Intellectual Property Rights on 15 November 1995.(100)

(d) The Councils “shall operate under the general guidance of the General Council”

70.     The Council for Trade in Goods, see paragraph 62 above, Council for Trade in Services, see paragraph 65 above, and Council for Trade-Related Aspects of Intellectual Property Rights, see paragraph 68 above, all report to the General Council.

6. Article IV:6

(a) “the [Council for Trade in Goods] … shall establish subsidiary bodies”

71.     The Council for Trade in Goods has established the following working parties as at 31 December 2004,:

(a)      Working Party on State Trading Enterprises(101);

(b)      Working Group on Notification Obligations and Procedures(102); and

(c)      ten working parties on various regional trade agreements.(103)

72.     The Council for Trade in Goods has also established the following committees (all, except (a), under specified provisions):

(a)      Committee on Market Access;

(b)      Committee on Agriculture(104);

(c)      Committee on Sanitary and Phytosanitary Measures(105);

(d)      Committee on Technical Barriers to Trade(106);

(e)      Committee on Subsidies and Countervailing Measures(107);

(f)       Committee on Anti-Dumping Practices(108);

(g)      Committee on Customs Valuation(109);

(h)      Committee on Rules of Origin(110);

(i)       Committee on Import Licensing(111);

(j)       Committee on Trade-Related Investment Measures(112);

(k)      Committee on Safeguards(113); and

(l)       Committee of Participants on the Expansion of Trade in Information Technology Products.

(b) Subsidiary bodies shall establish … rules of procedure subject to approval of their respective Councils:

73.     The Council for Trade in Goods approved the rules of procedure for the following subsidiary bodies on the dates set forth below:

(a)      Committee on Market Access — 1 December 1995(114);

(b)      Committee on Agriculture — 22 May 1996(115);

(c)      Committee on Sanitary and Phytosanitary Measures — 11 June 1997(116);

(d)      Committee on Technical Barriers to Trade — 1 December 1995(117);

(e)      Committee on Subsidies and Countervailing Measures — 22 May 1996(118);

(f)       Committee on Anti-Dumping Practices — 22 May 1996(119);

(g)      Committee on Customs Valuation — 1 December 1995(120);

(h)      Committee on Rules of Origin — 1 December 1995(121);

(i)       Committee on Import Licensing — 1 December 1995(122);

(j)       Committee on Trade-Related Investment Measures — 1 December 1995(123);

(k)      Committee on Safeguards — 22 May 1996.(124)

74.     The Rules of Procedure for the Independent Entity are included in Annex III to the decision by the General Council establishing the Independent Entity.(125)

75.     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”

76.     As at 31 December 2004, the Council for Trade in Services has established the following subsidiary bodies:

(a)      Committee on Trade in Financial Services;

(b)      Committee on Specific Commitments;

(c)      Working Party on Domestic Regulation;

(d)      Working Party on GATS Rules; and

(e)      Working Party on Professional Services.

(d) “the [TRIPS Council] shall establish subsidiary bodies as required”

77.     The Council for Trade-Related Aspects of Intellectual Property Rights has not established any subsidiary bodies to date.

7. Article IV:7: Committees established by the Ministerial Conference or General Council

78.     The Ministerial Conference and General Council have established the following Committees to date:

(a)      Committee on Trade and Development(126);

(b)      Committee on Balance-of-Payments Restrictions(127);

(c)      Committee on Budget, Finance and Administration(128);

(d)      Committee on Market Access(129);

(e)      Committee on Trade and Environment(130); and

(f)      Committee on Regional Trade Agreements.(131)

(a) Committee on Trade and Development

(i) Establishment and terms of reference

79.     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.(132)

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.(133)

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(134) as they relate to developing country Members.

6.      The Committee will establish a programme of work which may be reviewed as necessary each year.”(135)

80.     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.(136)

(ii) Rules of procedure and observer status

81.     The General Council approved the rules of procedure for the Committee on Trade and Development(137), on 15 November 1995. The rules were adopted by the committee on 5 July 1995.(138)

82.     Several intergovernmental organizations have been given observer status in the Committee on Trade and Development and the Sub-Committee on Least Developed Countries (see paragraph 84 below).(139)

(iii) Reporting

83.     The Committee on Trade and Development reports to the General Council on an annual basis.(140)

(iv) Activities

Establishment of the Sub-Committee on Least-Developed Countries

84.     The Committee on Trade and Development adopted the decision establishing the Sub-Committee on Least-Developed Countries(141) 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;(142) and,

(d)      to report to the Committee on Trade and Development for consideration and appropriate action.”(143)

85.     The Sub-Committee on Least-Developed Countries adopted its rules of procedure on 17 October 1995.(144)

Work Programme for Least-Developed Countries

86.     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.(145) With respect to the mandate of the Doha Declaration and the negotiations on least-developed countries, see paragraphs 42–43 of the Doha Declaration in Section XXVII.A below. The work programme for least-developed countries was adopted by the Sub-Committee on Least-Developed Countries on 12 February 2002.(146)

Technical cooperation

87.     The Committee on Trade and Development adopted the Guidelines for WTO Technical Cooperation on 15 October 1996.(147) On 13 December 1996, the Singapore Ministerial Conference adopted the Comprehensive and Integrated WTO Plan of Action for the Least-Developed Countries(148), 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(149), as well as in the areas of capacity-building and market access from a WTO perspective.”(150)

88.     Also, on the basis of a recommendation by the Committee on Trade and Development(151), 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.”(152) 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.(153) 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”,(154) (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”(155), and (iii) “took note of the two reports and the recommendations” produced in the two roundtable discussions.(156)

89.     In 2000, pursuant to the mandate in paragraph 88 above(157), 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.(158) 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.(159) 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.(160) The Pilot Scheme included (i) the recommendation on the establishment of a trust fund(161), and, (ii) the proposal on the establishment of the Integrated Framework Steering Committee and the Inter-Agency Working Group.(162)

90.     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.(163)

91.     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.(164)

92.     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.(165) The work programme was subsequently approved by the IF Steering Committee at its 11th Session on 13 February 2004.(166) 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(167), 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

93.     The Comprehensive and Integrated WTO Plan of Action for the Least-Developed Countries (see paragraph 87 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.”(168) At the High-Level Meeting referenced in paragraph 88 above, as well as shortly thereafter, 28 Members announced steps taken, or to be taken to enhance market access for imports from LDCs.(169)

94.     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.”(170)

95.     The Decision on Implementation-Related Issues and Concerns combined with paragraph 12 of the Doha Declaration aimed to provide a two-track solution to the issue faced by developing countries of implementing the WTO agreements.(171)

96.     As part of the Work Programme adopted by the Sub-Committee on Least-Developed Countries on 28 February 2002(172), 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.(173)

97.     As of 31 December 2004, 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(174) and (ii) the Waiver on Preferential Tariff Treatment for Least-Developed Countries.(175) With respect to the activities of the Committee on Trade and Development, and the Sub-Committee on Least-Developed Countries concerning the Enabling Clause and the Waiver on Preferential Tariff Treatment for Least-Developed Countries respectively, see Section II.D.3 of the Chapter on the GATT 1994.

(v) Reference to GATT practice

98.     As regards the Committee on Trade and Development under GATT 1947, see relevant sections of the Chapter on the GATT 1994.

(b) Committee on Balance-of-Payments Restrictions

(i) Establishment and terms of reference

99.     The General Council established the BOPs Committee(176) 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.”(177)

(ii) Rules of procedure

100.    The General Council approved the rules of procedure for the BOPs Committee at its meeting of 13 and 15 December 1995.(178)

(iii) Reporting

101.    The BOPs Committee reports to the General Council on an annual basis.

(iv) Activities

102.    With respect to the activities of the BOPs Committee, see Article XVIII:C of the Chapter on the GATT 1994.

(c) Committee on Budget, Finance and Administration

(i) Establishment and terms of reference

103.    The General Council established the BFA Committee(179) at its meeting of 31 January 1995, with the following the 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](180) 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.”(181)

(ii) Rules of procedure

104.    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.(182)

(iii) Reporting

105.    The BFA Committee submits annual reports to the General Council.

(iv) Activities

106.    With respect to the activities of the BFA Committee, see paragraphs 147–153 below.

(d) Committee on Market Access

(i) Establishment and terms of reference

107.    The General Council established the Committee on Market Access(183) on 31 January 1995, with the following terms of reference:

“(a)    in relation to market access issues not covered by any other WTO body:

• [to] supervise the implementation of concessions relating to tariffs and non-tariff measures;
   
• [to] provide a forum for consultation on matters relating to tariffs and non-tariff measures;

(b)      [to] oversee the application of procedures for modification or withdrawal of tariff concessions;

(c)      [to] ensure that GATT Schedules are kept up-to-date, and that modifications, including those resulting from changes in tariff nomenclature, are reflected;

(d)      [to] 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)      [to] oversee the content and operation of, and access to, the Integrated Data Base;

(f)       [to] report periodically — and in any case not less than once a year — to the Council on Trade in Goods.”(184)

(ii) Rules of procedure

108.    On 1 December 1995, the Council for Trade in Goods approved the rules of procedure for meetings of the Committee on Market Access.(185)

(iii) Reporting

109.    The Committee on Market Access reports to the Council for Trade in Goods on an annual basis.(186) It also reports to the Council for Trade in Goods on a periodic basis.(187)

(iv) Activities

110.    With respect to the activities of the Committee on Market Access, see Sections III.C.1.(d) and XII.C.3 of the Chapter on the GATT 1994.

111.    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(188) which draws upon the IDB dissemination practices(189) 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

112.    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”.(190)

113.    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 on 1 March 1995. See also Section XVII.B.1(b) of the Chapter on the GATS.

(ii) Rules of procedure

114.    In practice, the Committee on Trade and Environment follows the rules of procedure adopted by the General Council.(191)

(iii) Reporting

115.    The Committee on Trade and Environment reports to the General Council on an annual basis.(192)

(iv) Activities

116.    See paragraphs 31–33 of Section XXVII.A below (Doha Declaration). See also the relevant committee reports.(193)

(f) Committee on Regional Trade Agreements

(i) Establishment and terms of reference

117.    The General Council established the Committee on Regional Trade Agreements (Committee on RTAs)(194) 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;(195)

(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.”(196)

(ii) Rules of procedure

118.    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 some exceptions.(197)

(iii) Reporting

119.    The Committee on RTAs reports to the General Council on an annual basis.(198)

120.    In accordance with recommendations adopted by the Council for Trade in Goods on how to comply with the reporting requirements on the operation of RTAs,(199) the Committee on RTAs presented schedules for the submission of biennial reports at its 20th, 28th and 35th Sessions (respectively in December 1998, February 2001 and December 2003).(200)

(iv) Activities

121.    Under point 1(a) of its terms of reference (see paragraph 117 above), the Councils or the Committee will adopt separate terms of reference for the examination of each regional trade agreement in the Committee on RTAs.(201) With respect to the examination tasks of the Committee on RTAs, see Sections XXV.D(1)(a) and Annexes I–IV of the Chapter on the GATT 1994. Also see Sections VII.B(2) and VII.C-D of the Chapter on the GATS.

122.    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 how the required reporting on the operation of regional trade agreements should be carried out.(202) In November 1998, the relevant bodies acted on these recommendations; see paragraph 120 above and Article I of the Chapter on the GATT 1994, for action taken by the Committee on Trade and Development; Article XXIV for action taken by the Council for Trade in Goods; and Article V of the Chapter on the GATS, for action taken by the Council for Trade in Services.

123.    As regards the number of regional trade agreements notified to the GATT/WTO and under examination in the Committee on RTAs, see Section XXV.D.4 of the Chapter on the GATT 1994.

Procedures for the examination of RTAs

124.    The following procedures apply to the examination of RTAs notified to the WTO(203):

• The notification of an agreement (together with its text) is considered by the Council for Trade in Goods (if the RTA is notified under Article XXIV of the GATT 1994), the Council for Trade in Services (if the RTA is notified under GATS Article V) or the Committee on Trade and Development (if the RTA is notified under the Enabling Clause). If examination of the agreement is provided for, the relevant body adopts the terms of reference for the examination and transfers the examination task to the CRTA.(204)
   

• Initial information on the agreement is distributed as a formal document. That information may either be conveyed by the Parties in the form of a Standard Format or take the form of a factual presentation of the RTA prepared by the Secretariat on its own responsibility, on the basis of an established outline and in consultation with the Parties to the agreement(205) (see paragraph 123 above). This is the initial step of what is called the “factual” examination.
   
• During (at least one or two) CRTA regular sessions, there is an exchange of oral questions and replies on the examined RTA, as well as more general statements by the parties and other Members. Detailed minutes are produced on each meeting devoted to the RTA examination, and published as formal documents.
   
• Between each of those meetings, usually a round of additional written questions and replies takes place. These are also published as a formal document.
   
• Once the CRTA feels that the factual part of the examination has been concluded, the Secretariat is requested to draft a report on the examination, as the basis for consultations among Members.

125.    The report by the Committee on RTAs on a given agreement is sent to the WTO body which mandated the examination, for adoption.(206)

(g) Trade Negotiations Committee (TNC)

126.    The Doha Ministerial Declaration(207) provided that the overall conduct of the negotiations shall be supervised by the TNC 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.(208) Accordingly, at its first meeting held on 28 January and 1 February 2002(209), and 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 XXVII.A below).

127.    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(210) of the topics listed in the Work Programme of the Doha Declaration (see paragraphs 12–44 of the Doha Declaration in Section XXVII.A 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(211);
   
• Special Session of the Council for Trade in Services(212);
   
• Negotiating Group on Market Access(213);
   
• Special Session of the Council for TRIPS(214);
   
• Negotiating Group on Rules(215);
   
• Special Session of the Dispute Settlement Body(216);
   
• Special Session of the Committee on Trade and Environment(217);
   
• Special Session of the Committee on Trade and Development.

8. Article IV: 8

(a) Bodies provided for under Plurilateral Trade Agreements

(i) International Dairy Council

128.    As regards the establishment, activities and termination of the International Dairy Council, see Article VII and relevant paragraphs of the Chapter on the International Dairy Agreement.

(ii) International Meat Council

129.    With respect to the establishment, activities and termination of the International Meat Council, see Article IV and relevant paragraphs of the Chapter on the International Bovine Meat Agreement.

(iii) Committee on Trade in Civil Aircraft

130.    As regards 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.

131.    The Committee on Trade in Civil Aircraft reports to the General Council on an annual basis.(218)

(iv) Committee on Government Procurement

132.    Regarding 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.

133.    The Committee on Government Procurement reports to the General Council on an annual basis, from its inception in 1996.(219)

Footnotes:

33. WT/MIN(96)/DEC. back to text
34. WT/MIN(96)/DEC/16. back to text
35. WT/DEC(98)/DEC/1. back to text
36. WT/DEC(98)/DEC/2. back to text
37. See all documents related to the Ministerial Conference WT/MIN(99)/ back to text
38. WT/MIN(01)/DEC/1. back to text
39. WT/MIN(01)/DEC/2. See also Section LXXVIII of the Chapter on the TRIPS Agreement. back to text
40. WT/MIN(01)/17. back to text
41. For further analysis, see Section XXVII.B.4 of the Chapter on the SCM Agreement. back to text
42. G/SCM/39. back to text
43. WT/MIN(01)/15. This decision refers to a waiver granted until 31 December 2007, to the extent necessary to permit the European Communities to provide preferential tariff treatment for products originating in ACP States, without being required to extend the same preferential treatment to like products of any other member, subject to the terms and conditions set out in this document. See also Article IX, para. 3 below. back to text
44. WT/MIN(01)/16. back to text
45. WT/MIN(03)/20. back to text
46. With respect to the appointment of the Director-General, see Section VII.B of this Chapter. back to text
47. With respect to the authoritative interpretations of the Multilateral Trade Agreements, see paras.159–160 of this Chapter. back to text
48. With respect to waivers, see Section X.B.3 of this Chapter. back to text
49. With respect to the adoption of amendments, see the provisions of Article X. back to text
50. With respect to accession, see Section XIII.B.2 of this Chapter. back to text
51. See Chapter on the GATS, Article XII. back to text
52. See Chapter on the TRIPS Agreement, Article 64.3. back to text
53. Established at the Singapore Ministerial Conference, WT/MIN(96)/DEC, para. 20. back to text
54. Established at the Singapore Ministerial Conference, WT/MIN(96)/DEC, para. 20. back to text
55. Established at the Singapore Ministerial Conference, WT/MIN(96)/DEC, para. 21. back to text
56. See Section XIII.B(3) of this Chapter. back to text
57. See paragraph 8 of the Chapter on the Preshipment Inspection Agreement. back to text
58. Established at the Doha Ministerial Conference, WT/MIN(01)/DEC/1, para. 36. back to text
59. Established at the Doha Ministerial Conference, WT/MIN(01)/DEC/1, para. 37. back to text
60. WT/MIN(96)/DEC. back to text
61. WT/MIN(96)/DEC/16. back to text
62. WT/MIN(98)/DEC/1. back to text
63. WT/MIN(98)/DEC/2. back to text
64. WT/MIN(01)/DEC/1. back to text
65. WT/MIN(01)/DEC/2. back to text
66. WT/MIN(01)/17. back to text
67. G/SCM/39. back to text
68. WT/MIN(01)/15. back to text
69. WT/MIN(01)/16. back to text
70. 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, which is annexed to the Rules of Procedure as Annex 3. The text of the amended Rules of Procedure can be found in WT/L/161. back to text
71. With respect to cooperation agreements with international intergovernmental organizations concluded by the General Council, see paras. 22 and 134–135 of this Chapter. back to text
72. With respect to staff and financial regulations adopted by the General Council, see paras. 143–146 and 152 of this Chapter. back to text
73. With respect to the adoption of the budget by the General Council, see Section VIII.B.1 of this Chapter. back to text
74. WT/GC/M/13, Section 9(b). The text of the decision can be found in WT/L/160/Rev.1 back to text
75. WT/L/452. back to text
76. 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 the rules of procedure with regard to Chapter V — Officers, WT/GC/M/3, section 1. On 25 July 1996, the rules of procedure were further amended in accordance with the amendment to the guidelines on observer status for international intergovernmental organizations, which is annexed to the Rules of Procedure as Annex 3. The text of the amended Rules of Procedure can be found in WT/L/161. back to text
77. WT/GC/M/1, section 4.I(h). The text of the approved guidelines can be found in WT/L/31. back to text
78. The text of the reviewed guidelines can be found in WT/L/510. back to text
79. WT/GC/M/8, section 4(c). The text of the adopted rules of procedure can be found in 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
80. WT/GC/M/9, section 1(b). The text of the adopted rules of procedure can be found in 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
81. With respect to the establishment of the Committee on Regional Trade Agreement under Article IV:7, see para. 117. back to text
82. WT/GC/M/14, section 3. The text of the adopted rules of procedure can be found in 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
83. See Chapter on the DSU, Article 2.1. back to text
84. The powers referred to are found in Articles 6, 16, 21 and 22 of the DSU. back to text
85. WT/DSB/M/1, section 1. back to text
86. WT/L/161. back to text
87. WT/DSB/M/4, section 1. The text of the adopted rules of procedure can be found in WT/DSB/9. back to text
88. The minutes of the meetings are numbered WT/TPR/M/1–109. back to text
89. WT/TPR/6. back to text
90. WT/L/161. back to text
91. Doc. JOB(01)/124/Rev.1. back to text
92. G/C/W/34, 62, 62/Rev.1, 98, 98/Rev.1, 129, 159, 241, 302, 433, 472 and 501. back to text
93. WT/GC/M/6, section 3. The text of the adopted rules of procedure can be found in WT/L/79. back to text
94. Refer to the text on the Council for Trade in Services for further commentary. back to text
95. In this regard, see also Chapter on GATS, Section VII.B. back to text
96. S/C/W/12, 31, 67, 128, 128/Rev.1, 174, 197, 220, 227 and 230. back to text
97. 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
98. Refer to the text on the TRIPS Council for further commentary. back to text
99. The text of the reports can be found in IP/C/W/16, 16/Rev.1, IP/C/8, 12, 15, 19, 22, 23, 27, 27/Add.1, 30 and 32. back to text
100. 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
101. 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
102. 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. back to text
103. For an exhaustive list of regional trade agreement working parties established under the GATT 1947, refer to WT/GC/M/5, para. 11. Subsequently, at its meeting of 6 February 1996, the General Council established the Regional Trade Agreements Committee. back to text
104. With respect to the establishment of this Committee, see Chapter on the Agreement on Agriculture, Article 17. back to text
105. With respect to the establishment of this Committee, see Chapter on the SPS Agreement, Article 12. back to text
106. With respect to the establishment of this Committee, see Chapter on the TBT Agreement, Article 13. back to text
107. With respect to the establishment of this Committee, see Chapter on the SCM Agreement, Article 24. back to text
108. With respect to the establishment of this Committee, see Chapter on the Anti-Dumping Agreement, Article 16. back to text
109. With respect to the establishment of this Committee, see Chapter on the Customs Valuation Agreement, Article 18. back to text
110. With respect to the establishment of this Committee, see Chapter on the Agreement on Rules of Origin, Article 4. back to text
111. With respect to the establishment of this Committee, see Chapter on the Import Licensing Agreement, Article 4. back to text
112. With respect to the establishment of this Committee, see Chapter on the TRIMs Agreement, Article 7. back to text
113. With respect to the establishment of this Committee, see Chapter on the Safeguards Agreement, Article 13. back to text
114. G/C/M/7, section 2. The text of the adopted rules of procedure can be found in G/L/148. back to text
115. G/C/M/10, section 1(i). The text of the adopted rules of procedure can be found in G/L/142. back to text
116. G/C/M/20, section 2. The text of the adopted rules of procedure can be found in G/L/170. back to text
117. G/C/M/7, section 2. The text of the adopted rules of procedure can be found in G/L/150. back to text
118. G/C/M/10, section 1(iv). The text of the adopted rules of procedure can be found in G/L/144. back to text
119. G/C/M/10, section 1(ii). The text of the approved rules of procedure can be found in G/L/143. back to text
120. G/C/M/7, section 2. The text of the approved rules of procedure can be found in G/L/146. back to text
121. G/C/M/7, section 2. The text of the approved rules of procedure can be found in G/L/149. back to text
122. G/C/M/7, section 2. The text of the approved rules of procedures can be found in G/L/147. back to text
123. G/C/M/7, section 2. The text of the approved rules of procedure can be found in G/L/151. back to text
124. G/C/M/10, section 1(iii). The text of the approved rules of procedure can be found in G/L/145 back to text
125. WT/L/125/Rev.1, Annex III. back to text
126. WT/GC/M/1, section 7.A(1). back to text
127. WT/GC/M/1, section 7.A(1). back to text
128. WT/GC/M/1, section 7.A(2). back to text
129. See also the Committee on Market Access in paras. 107–111 of this Chapter. back to text
130. See also the Special Session of the Committee on Trade and Development in paras. 79–83 of this Chapter. back to text
131. WT/GC/M/5, section 11. back to text
132. (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
133. (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
134. (footnote original) The technical cooperation activities referred to in this provision do not include technical assistance for accession negotiations. back to text
135. 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
136. WT/MIN(01)/DEC/1, para 51. back to text
137. WT/GC/M/8, section 4(c). The text of the adopted rules of procedure can be found in WT/COMTD/6. back to text
138. WT/COMTD/M/2, para. 4. back to text
139. WT/COMTD/W/22 and its revisions. back to text
140. These reports are numbered WT/SPEC/17, WT/COMTD/9, 13, 15, 22, 28, 33, 33/Corr.1, 44, 46, 48 and 50. back to text
141. WT/COMTD/M/2, para. 3. back to text
142. (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
143. WT/COMTD/W/8. back to text
144. WT/COMTD/LLDC/1. back to text
145. WT/MIN(01)/DEC/1, para 42. back to text
146. WT/COMTD/LDC/11. back to text
147. WT/COMTD/M/12, para. 4. The text of the adopted guidelines can be found in WT/COMTD/8. back to text
148. WT/MIN(96)/DEC, para. 14. The text of the Plan of Action can be found in WT/MIN(96)/14. back to text
149. This Decision is referenced in Section XXII of this Chapter. back to text
150. WT/MIN(96)/14, para. 3. back to text
151. 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
152. WT/MIN(96)/DEC, para. 14. back to text
153. The text of the report of this Meeting can be found in WT/LDC/HL/23. back to text
154. The text of the Integrated Framework can be found in WT/LDC/HL/1. back to text
155. 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. 93 of this Chapter. back to text
156. 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
157. WT/LDC/HL/1/Rev.1, para. 6. back to text
158. WT/COMTD/33, para. 28. back to text
159. 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
160. WT/LDC/SWG/IF/13. back to text
161. WT/LDC/SWG/IF/13, sections IV and VII. back to text
162. 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
163. 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
164. WT/IFSC/5. back to text
165. WT/IFSC/7. back to text
166. WT/IFSC/M/10 back to text
167. Burundi, Cambodia, Djibouti, Ethiopia, Guinea, Lesotho, Madagascar, Malawi, Mali, Mauritania, Nepal, Senegal and Yemen. back to text
168. WT/MIN(96)/DEC, para. 14, first item. back to text
169. 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, Mauritius, Morocco, Norway, New Zealand, Republic of Korea, Singapore, Switzerland, Turkey, and the United States. See WT/COMTD/LDC/W/22, fn. 6. back to text
170. WT/MIN(01)/DEC/1, para 42. back to text
171. WT/MIN(01)/17. back to text
172. See para 109 of this Chapter. back to text
173. The text of this entire paragraph can be found at WT/COMTD/LDC/11, Section (a), paras. 6–8. back to text
174. Officially known as the 1979 Decision on Differential and More Favourable Treatment, see L/4903. back to text
175. WT/L/304. back to text
176. WT/GC/M/1, section 7.A(1). back to text
177. 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
178. 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
179. WT/GC/M/1, section 7.A(1). back to text
180. (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
181. 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
182. WT/BFA/1, para. 4. back to text
183. WT/GC/M/1, section 7.A(2). back to text
184. 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
185. G/C/M/7. The text of the adopted rules of procedure can be found in G/L/148. back to text
186. The reports are contained in documents G/L/50, 132, 215, 284, 331, 431 and 486. back to text
187. The reports are numbered G/MA/1, 4, 57, 58, 59, 60, 61, 62, 71, 107 and 111–116/Corr.1, 117, 149, 151, and 154. back to text
188. G/MA/115. back to text
189. G/MA/IDB/3. back to text
190. 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
191. WT/L/161. back to text
192. The reports are numbered WT/CTE/1–7, 10 and 11. back to text
193. WT/CTE/1–11. back to text
194. WT/GC/M/10, para. 11. The text of the decision can be found in WT/L/127. back to text
195. (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
196. WT/L/127, para. 1. back to text
197. 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
198. WT/REG/2, 3, 7, 8, 9, 10, 11, 12, 13 and 14. back to text
199. Pursuant to paragraph 11 of the Understanding on the Interpretation of Article XXIV of the GATT 1994 and paragraph 1(b) of the CRTA’s Terms of Reference. The recommendations are contained in G/L/286. back to text
200. Respectively WT/REG/W/33, WT/REG/W/42 and WT/REG/W/48. For more detailed information on reports on the operation of regional trade agreements, see the Chapter on the GATT 1994, Article XXIV. At its 33rd Session, the CRTA decided to postpone biennial reporting obligations for the year 2003, to the following year in 2004, due to the fact that the Committee was still considering reports for 2001 and this would add to the already burdensome workload of delegations who were preparing for the upcoming Ministerial Conference in Cancun (see WT/REG/M/33, para. 9). back to text
201. For details on the transfer of competence of GATT 1947 working parties’ to WTO working parties, as well as on the procedural aspects of examinations, see the Chapter on the GATT 1994, Article XXIV. back to text
202. WT/REG/M/16, Section B. The text of these recommendations can be found in WT/REG/4–6. back to text
203. WT/REG/W/15 Guidelines on Procedures to Facilitate and Improve the Examination Process. back to text
204. 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 2004, 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
205. This option has been introduced on an experimental basis. back to text
206. Since the entry into force of the WTO, that stage of examination has never been attained; thus, since its establishment, the CRTA has been unable to finalize reports on any of the examinations before it. back to text
207. WT/MIN(01)/DEC/1. back to text
208. WT/MIN(01)/DEC/1, para. 46. back to text
209. TN/C/M/1. back to text
210. See for example, the Negotiating Group on Rules, which deals with: anti-dumping, subsidies and regional trade agreements. back to text
211. The Committee on Agriculture in Special Session agreed on 19 November 2004 to establish a Sub-Committee on Cotton. As for the Doha mandate with respect to Agriculture, see paragraphs 13–14 of the Doha Declaration. back to text
212. As regards the respective Doha mandate, see paragraph 15 of the Doha Declaration. back to text
213. As regards the respective Doha mandate, see paragraph 16 of the Doha Declaration. back to text
214. As regards the respective Doha mandate, see paragraphs 17–19 of the Doha Declaration. back to text
215. As regards the respective Doha mandate, see paragraphs 28–29 of the Doha Declaration. back to text
216. As regards the respective Doha mandate, see paragraph 47 of the Doha Declaration. back to text
217. As regards the respective Doha mandate, see paragraphs 31–33 of the Doha Declaration. back to text
218. The reports are numbered WT/L/107, 247, 291, 340, 340/Corr.1, 374, 434, 500, 544, 544/Corr.1 and 591. back to text
219. The reports are numbered GPA/8, 8/Add.1, 19, 25, 30, 44, 58, 73, 75 and 82. back to text