RESTRICTEDWORLD TRADE
ORGANIZATIONWT/COMTD/W/77/Rev.1/Add.1/Corr.1
4 February 2002
(02-0516)
Committee on Trade and Development
IMPLEMENTATION OF SPECIAL AND DIFFERENTIAL TREATMENT
PROVISIONS IN WTO AGREEMENTS AND DECISIONS
MANDATORY AND NON-MANDATORY SPECIAL AND
DIFFERENTIAL TREATMENT PROVISIONS
Note by the Secretariat
Corrigendum
INTRODUCTION
This note responds to the request made by delegations, pursuant to paragraph 12.1 (i) of the
Decision on implementation-related issues and conc erns adopted at Doha (WT/MIN(01)/17), that the
Secretariat identify mandatory and non-mandatory special and differential treatment provisions.  Apreliminary identification was made in WT/COMTD/W/77/Rev.1.  This paper, which consolidates
and completes the information found in that document, accompanies the Secretariat note "A Review
of Mandatory Special and Differential Treatment Provisions".
This note has been prepared by the Secretariat on its own responsibility and is intended only
for the purpose of analysis in order to assist delegations in their work on special and differential
treatment provisions.  In particular, the description in this note of specific provisions of the WTOAgreement as "mandatory" or "non-mandatory" as well as the statements pertaining to these
provisions are without prejudice to the exclusive right of Members to adopt authoritative
interpretations of their rights and obligations under the WTO Agreement.
The note is organized according to the six substantive categories of special and differential
treatment provisions used in previous Secretariat documentation:  (i) provisions aimed at increasing
the trade opportunities of developing country Me mbers;  (ii) provisions under which WTO Members
should safeguard the interests of developing country Members;  (iii) flexibility of commitments, of
actions, and use of policy instruments;  (iv) transitional time periods;  (v) technical assistance;  and
(vi) provisions relating to least-developed country Members.  It is recalled that provisions inCategory (vi) all fall into one of the other five categories, but are distinctive insofar as their
application relates exclusively to least-developed countries.
The focus of the note is on categories (i), (ii) and (v) above, as well as certain provisions
falling under category (vi) for which the distinction between mandatory and non-mandatory isrelevant.  Mandatory provisions are distinguished from non-mandatory provisions on the basis of the
following rule:  mandatory provisions use "shall" language; non-mandatory provisions use "should"
language.  The distinction between "mandatory" and "non-mandatory" provisions does not apply to
provisions under Categories (iii) and (iv), and some corresponding provisions within Category (vi).
These specify levels of flexibility and transition time periods that developing countries may choose to
exercise should they so wish.WT/COMTD/W/77/Re v.1/Add.1/Corr.1
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I. PROVISIONS AIMED AT INCREASING THE TRADE OPPORTUNITIES OF
DEVELOPING COUNTRY MEMBERS
A. MANDATORY PROVISIONS :
• GATT 1994:  Article XXXVII:1(a) and 4; Article XXXVIII:2(c) and 2(e).
• Agreement on Textiles and Clothing:  Article 2.18.
• GATS:  Article IV:1 and IV:2
B. NON-MANDATORY PROVISIONS :
• GATT 1994:  Article XXXVI.2-5.
• The Enabling Clause:  para 2(a).
• Agreement on Agriculture:  Preamble.
• GATS:  Preamble.
II. PROVISIONS UNDER WHICH WTO MEMBERS SHOULD SAFEGUARD THE
INTERESTS OF DEVELOPING COUNTRY MEMBERS
A. MANDATORY PROVISIONS :
• GATT 1994: Article XXXVI:9; Article XXXVII:1(b) and (c), 2(a) and (b)(i), 3 (a)–(c),
and 5; Article XXXVIII:1, 2 (a), (b), (d), (f).
• The Decision on Measures Concerning the Possible Negative Effects of the Reform
Programme on Least-Developed and Net Food-Importing Developing Countries:Paragraphs 3 (i)-(ii);  Paragraph 4; and Paragraph 6.
• Application of SPS Measures:  Article 10.1; Annex B, paragraph 2; Annex B paragraph 9.
• Textiles and Clothing:  Article 6.6 (b), 6.6 (c) and Annex, paragraph 3(a).
• Technical Barriers to Trade:  Article 10.6; Article 12.1; Article 12.2; Article 12.3;
Article 12.5; Article 12.8; Article 12.9; Article 12.10.
• Implementation of Article VI of GATT 1994:  Article 15.
• Implementation of Article VII of GATT 1994:  Annex III.5.
• Decision on texts relating to minimum values and imports by sole agents, sole
distributors, and sole concessionaires:  Text 1
• Import Licensing Procedures:  Article 1.2.
• Subsidies and Countervailing Measures:  Article 27.15.WT/COMTD/W/77/Re v.1/Add.1/Corr.1
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• Agreement on Safeguards:  Article 9.1.
• Understanding on Rules and Procedures Governing the Settlement of Disputes:
Article 8.10; Article 12.10; Articl e 12.11; Article 21.7; Article 21.8.
• GATS:  Article XV.1 and Article XIX.3.
B. NON-MANDATORY PROVISIONS :
• GATT 1994:  Article XXXVI:6 and 7.
• Application of SPS Measures:  Article 10.2 and Article 10.4.
• Decision on texts relating to minimum values and imports by sole agents, sole
distributors, and sole concessionaires:  Text 2.
• Import Licensing Procedures:  Article 3.5 (a)(iv); Article 3.5 (j).
• Subsidies and Countervailing Measures:  Article 27.1
• Understanding on Rules and Procedures Governing the Settlement of Disputes:
Article 4.10; Article 21.2
• GATS:  Preamble; Article XII.1
III. TECHNICAL ASSISTANCE
A. MANDATORY PROVISIONS :
• Decision on measures concerning the possible negative effects of the reform programme
on least-developed countries and net-food importing developing countries:Paragraph 3 (iii).
• Application of SPS Measures:  Article 9.1 and 9.2
• Technical Barriers to Trade:  Article 11.1;  Article 11.2;  Article 11.3;  Article 11.4;
Article 11.5;  Article 11.6; Article 11.7; and Article 12.7.
• Implementation of Article VII of GATT 1994:  Article 20.3.
• GATS:  Article XXV:2 and Paragraph 6 (c ) of the Annex on telecommunications.
• TRIPS:  Article 67.
• Understanding on Rules and Procedures Governing the Settlement of Disputes:
Article 27.2
B. N
ON-MANDATORY PROVISIONS :
• None.WT/COMTD/W/77/Re v.1/Add.1/Corr.1
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IV. LEAST-DEVELOPED COUNTRIES
A. PROVISIONS AIMED AT INCREASING TRADE OPPORTUNITIES :
1. Mandatory:
• The 1999 Decision on waiver for preferential tariff treatment of LDCs
• TRIPS Agreement:  Article 66.2.
• Decision on Measures in Favour of Least-De veloped Countries: paragraph 2 (ii) (second
sentence) and paragraph 3.
2. Non-mandatory:
• Enabling Clause:  paragraph 2d.
• Agreement on Textiles and Clothing:  Footnote to Article 1.2
• Decision on Measures in Favour of Least-Developed Countries:  paragraph 2 (ii) (first
sentence).
B. PROVISIONS AIMED AT SAFEGUARDING THE INTERESTS OF LEAST -DEVELOPED COUNTRIES
1. Mandatory:
• Agreement on Agriculture:  Article 16.1 and 16.2. (Least-developed and Net Food-
Importing Developing Countries).
• Agreement on Textiles and Clothing:  Article 6.6 (a).
• GATS:  Article IV:3 and XIX:3.
• Understanding on Rules and Procedures Governing the Settlement of Disputes:
Article 24.1 and 24.2
• Decision on Measures in Favour of Least-De veloped Countries:  paragraphs, 2(i), and
2(iv).
2. Non-Mandatory:
• Decision on Measures in Favour of Least- Developed Countries:  paragraph 2(iii).
C. TECHNICAL ASSISTANCE
1. Mandatory:
• Technical Barriers to Trade:  Article 11.8
• Decision on Measures in Favour of Leas t-Developed Countries:  Paragraph 2(v).WT/COMTD/W/77/Re v.1/Add.1/Corr.1
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2. Non-Mandatory:
• None.
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