RESTRICTEDWORLD TRADE
ORGANIZATIONTN/CTD/W/12
12 July 2002
(02-3905)
Committee on Trade and Development
Special Session
DRAFT REPORT TO THE GENERAL COUNCIL1
I. INTRODUCTION
1. Paragraph 44 of the Doha Ministerial Declaration reaffirmed that "provisions for special and
differential treatment are an integral part of the WTO Agreements" and directed that "all special and
differential treatment provisions shall be reviewed with a view to strengthening them and makingthem more precise, effective and operational."  Ministers also endorsed the Work Programme on
special and differential treatment set out in the Decision on Implementation-Related Issues and
Concerns, and as per paragraph 12.1 of the Decision directed the  Committee on Trade and
Development (CTD):
(i) "to identify those special and differential treatment provisions that are already
mandatory in nature and those that are non-binding in character, to consider
the legal and practical implications for developed and developing Members
of converting special and differential treatment measures into mandatory
provisions, to identify those that Members consider should be made
mandatory, and to report to the General Council with clear recommendationsfor a decision by July 2002;
(ii) to examine additional ways in which special and differential treatment
provisions can be made more effective, to consider ways, including improved
information flows, in which developing countries, in particular the least-
developed countries, may be assisted to make best use of special anddifferential treatment provisions, and to report to the General Council with
clear recommendations for a decision by July 2002; and
(iii) to consider, in the context of the Work Programme adopted at the Fourth
Session of the Ministerial Conference, how special and differential treatment
may be incorporated into the architecture of WTO rules."
2. In pursuance of this mandate the Trade Negotiations Committee (TNC) in its meeting held on
28 January - 1 February 2002, agreed that "….the review of all special and differential treatment
provisions with a view to strengthening them and making them more precise, effective and
operational provided for in paragraph 44 of the Ministerial Declaration shall be carried out by the
Committee on Trade and Development in Special Sessions."
3. Accordingly the Special Session of the CTD was established and Ambassador Ransford
Smith of Jamaica elected its Chairman.  The First meeting of the Special Session was held on 5 March2002 and five more formal meetings and a number of informal meetings have been held thereafter.  A
number of submissions  have been tabled, and these are indicated at Annex I.
                                                     
1 This report is not intended to be an exhaustive compilation of all the issues that have been raised.
Neither does it prejudge Members' position on those issues.TN/CTD/W/12
Page 2
II. CROSS-CUTTING ISSUES
4. A number of systemic and institutional cross-cutting issues were raised both in submissions
from Members, as well as in the discussion on those submissions.  The major systemic issues raised in
the submissions and the discussions included issues relating to the principles and objectives of special
amd differential treatment; a single or multi-tiered structure of rights and obligations; coherence;bench marking; technical assistance and capacity building; transition periods; the Enabling Clause;
trade preferences; and universal or differentiated treatment, including graduation.  A listing of these
issues together with references to relevant written submissions is contained in Annex II.  While there
was discussion on most of these issues, some  Members considered that these were important and , in
some cases , fundamental issues, which would need to be looked at and examined in greater depth
after July 2002.
5. A number of cross-cutting institutional issues were also raised.  Some preliminary discussion
was held on these , including on (i) a Monitoring Mechanism; (ii) an Annual Special Session of the
General Council on LDCs participation; and (iii) a Facility under the Doha Development Agenda
Trust Fund.
6. The proposal for the establishment of a Monitoring Mechanism was made by the African
Group.  In the Group’s view, among the main functions of the Mechanism would be (i) the regularevaluation of the utilization and effectiveness of the special and differential treatment provisions, with
a view to ensuring that the provisions are duly utilized and any problems arising effectively
addressed, and (ii) provision of a framework for in itiating and considering recommendations that the
CTD could make to Members on complying with obligations under special and differential treatment
provisions, as well as best practice for utilization of the provisions.  There was wide support for theproposal although it was clear that further discussions would be required on the form and structure of
such a mechanism.
7. The proposal for an Annual Special Session of the General Council on the participation of the
LDCs in the multilateral trading system (MTS) was made by the LDCs Group.  They proposed that
the agenda of such an annual session could encompass (i) the implementation of the Decision onMeasures in Favour of Least-Developed Countries and its overall objectives in favour of LDCs; (ii)
the review of the implementation of the specific special and differential provisions included in the
WTO Agreements, Decisions and Declarations; and (iii) overall review of special and differential
treatment.  Some Members were of the view that should a monitoring mechanism be established its
role and functions could encompass those sought through the proposed holding of an annual special
session, although it was emphasized that this would have to be without dilution of the concerns of the
LDCs.  Others suggested that the various proposals and their role and functions would need to beassessed in the context of existing machinery such as the Sub-Committee on the Least-Developed
Countries and the Integrated Framework.
8. Finally, the African Group proposed the establishment of a Facility under the Doha
Development Agenda Trust Fund to ensure that the financial underpinning/backing necessary for the
effective utilisation of special and differential treatment provisions under the various Agreements, andwould be a permanent financial arrangement for spec ial and differential treatment provisions. There
was an initial consideration of this issue but it was generally felt that an in-depth examination, with a
view to making clear recommendations, would require additional time.
III. AGREEMENT-SPECIFIC PROPOSALS AND ISSUES
9. A number of proposals were submitted on specific provisions of the Agreements,
Understandings and Decisions, including in the context of the mandate of the Doha Ministerial
Declaration and the Decision on Implementation-Re lated Issues and Concerns, which had instructedTN/CTD/W/12
Page 3
Members to inter alia  identify non-mandatory provisions which Members considered should be made
mandatory and to examine additional ways in which special and differential treatment provisions
could be made more effective.  A synoptic table indicating the proposals made on specific provisions
under the various Agreements is at Annex III.
10. These proposals were introduced and certain clarifications provided during the discussions.  A
number of Members cited the large number of Agreement-specific proposals (approximately eighty),
what they viewed as the complexity of some of th e proposals, and a shortage of time, as factors that
prevented them from being able to engage in more than a preliminary consideration of many of the
proposals.  Some Members indicated that the proposals were still being considered by their authorities
in capitals.  Another consideration raised by some Members was their view that a discussion of some
cross-cutting and systemic issues was necessary in order to facilitate their consideration of the
Agreement-specific proposals.  Yet another issue raised was the need to ensure complementarity andcoordination between the work of the Special Session and the work of other bodies, both those which
were usually attended by experts in technical areas as well as other bodies undertaking negotiations in
areas on which proposals were also before the Special Session.
11. A large number of delegations expressed concern that, in their view, insufficient progress had
been made in considering and taking decisions, as mandated, on the Agreement-specific proposals.Others, citing the factors outlined earlier, were of the view that more time and further discussions
were required.
12. Further detailed and intensive work is required to be carried out in this regard.
IV. THE WAY FORWARD
13. The Ministers mandated the CTD to make "clear recommendations" to the General Council
for a decision, by July 2002.  A large number of issues have been raised, both in the written
submissions and the ensuing discussions, and while some recommendations can be made, a significant
amount of work remains to be done before Members can agree on clear recommendations in a number
of areas, in accordance with the Ministerial mandate.  It is recommended that the General Council
instruct the Special Session of the CTD to proceed expeditiously to fulfil its mandate and to reportback to the General Council with clear recommendations by [31 December 2002] [31 March 2003].
14. In pursuance of this objective, the General Council further instructs the Special Session of the
CTD to:
(a) Continue with an analysis and examination of the various Agreement specific issues
and proposals that have been raised in the written submissions and the discussions:
(i) on the basis of a possible ordering of these proposals for consideration in
appropriate clusters;
(ii) utilising the expertise available in other WTO bodies, including where
possible through the holding of back-to-back meetings of the Special Session
with the meetings of these bodies.
Members will endeavour to provide responses to the various Agreement-specific
proposals by the 31 October 2002.
(b) Continue with an analysis and examination of the various cross-cutting issues and
proposals that have been raised in the written submissions and the discussions, in a
timeframe which would allow input into the process at (a) above, as appropriate.TN/CTD/W/12
Page 4
(c) Submit the proposals on technical assistance, capacity building and training
programmes to the CTD in Regular Session, for examination  with a view to including
the elements therein in the 2003 Technical Assistance Plan.
15. The Special Session of the CTD recommends that the General Council agree in principle , to
the establishment of a Monitoring Mechanism for special and differential treatment provisions , and
instruct the Special Session to elaborate, the structure and terms of reference of the  Mechanism,
taking into account the proposal made by the African Group in this regard, and the discussions that
have taken place thereon in the Special Session.
16. The General Council further instructs the Special Session of the CTD to consider also how
special and differential treatment may be incor porated into the architecture of WTO rules, in
accordance with Paragraph 12.1(iii) of the Ministerial Decision on Implementation-Related Issues and
Concerns.TN/CTD/W/12
Page 5
ANNEX I
Submissions received in the Special Session of the Committee on Trade and Development
April – July 2002
• TN/CTD/W/1 from Cuba, Dominican Republic, Hon duras, India, Indonesia, Kenya, Pakistan, Sri
Lanka, Tanzania & Zimbabwe
• TN/CTD/W/2 from  Cuba, Dominican Republic, Egypt, Honduras, India, Indonesia, Kenya,
Mauritius, Pakistan, Sri Lanka, Tanzania & Zimbabwe
• TN/CTD/W/3/Rev.1 and TN/CTD/W/3/R ev.1/Add.1 from the African Group
• TN/CTD/W/4 and TN/CTD/W/4/Add.1 from the LDCs
• TN/CTD/W/5 and TN/CTD/W/5/Add.1 from Paraguay
• TN/CTD/W/6 from India
• TN/CTD/W/7 from Thailand
• TN/CTD/W/8 from St. Lucia
• TN/CTD/W/9 from the United States
• TN/CTD/W/10 from Hungary
• TN/CTD/W/11 from Japan.TN/CTD/W/12
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ANNEX II
TABLE ON MAJOR SYSTEMIC CROSS-CUTTING ISSUES
ISSUE PROPONENT & DOCUMENT SYMBOL
Principles & objectives African Group – TN/CTD/W/3/Rev.1
African Group – TN/CTD/W/3/Rev.1/Add.1
LDCs – TN/CTD/W/4
United States – TN/CTD/W/9
Single-tiered, 2-tiered or multi-tiered
structure of rights and obligations?African Group – TN/CTD/W/3/Rev.1
LDCs - TN/CTD/W/4
Coherence  . African Group – TN/CTD/W/3/Rev.1
LDCs – TN/CTD/W/4
Bench marks . LDCs – TN/CTD/W/4
Technical Assistance  and Capacity Building African Group – TN/CTD/W/3/Rev.1
United States - TN/CTD/W/9
Transition periods African Group – TN/CTD/W/3/Rev.1
United States - TN/CTD/W/9
Utilization United States - TN/CTD/W/9
Trade Preferences  and Related Issues,
including the Enabling ClauseParaguay – TN/CTD/W/5
African  Group - TN/CTD/W/3/Rev.1
LDCs – TN/CTD/W/4/Add.1
Universal or differentiated treatment? African Group – TN/CTD/W/3/Rev.1
Issues related to graduation Paraguay – TN/CTD/W/5
United States – TN/CTD/W/9TN/CTD/W/12
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ANNEX III
SUMMARY OF SPECIFIC SUBMISSIONS ON AGREEMENTS & DECISIONS
AS OF 10 JULY 2002
AGREEMENT &
ARTICLE / PARAGRAPHNUMBER OF
PROPOSALSPROPONENT(S) DOCUMENT
REFERENCE
GENERAL AGREEMENT ON TARIFFSAND TRADE 1994 (GATT 1994)
Whole Agreement 1 African Group  TN/CTD/W/3/Rev.1
Article XVIII:A 1 African Group  TN/CTD/W/3/Rev.1
Article XVIII:B 1 African Group  TN/CTD/W/3/Rev.1
Article XVIII:C 2 St. Lucia
LDCsTN/CTD/W/8
TN/CTD/W/4/Add.1
Article XXXVI 1 African Group TN/CTD/W/3/Rev.1
Article XXXVII 1 African Group TN/CTD/W/3/Rev.1
Article XXXVIII 1 African Group TN/CTD/W/3/Rev.1
UNDERSTANDING ON THE
INTERPRETATION OF ARTICLE
II:1(B) OF THE GATT 1994
Proposal 1 African Group  TN/CTD/W/3/Rev.1
UNDERSTANDING ON THEINTERPRETATION OF ARTICLE XVIIOF THE GATT 1994
Proposal 1 African Group TN/CTD/W/3/Rev.1
UNDERSTANDING ON BALANCE-OF-PAYMENTS PROVISIONS OF THE
GATT 1994
Paragraph 8 1 LDCs TN/CTD/W/4/Add.1
Proposal 1 African Group TN/CTD/W/3/Rev.1
UNDERSTANDING ON THEINTERPRETATION OF ARTICLE
XXIV OF THE GATT 1994
Proposal 2 African Group
LDCsTN/CTD/W/3/Rev.1
TN/CTD/W/4/Add.1TN/CTD/W/12
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UNDERSTANDING IN RESPECT OF
WAIVERS OF OBLIGATIONS UNDER
THE GATT 1994
Proposal 2 African Group
LDCsTN/CTD/W/3/Rev.1
TN/CTD/W/4/Add.1
UNDERSTANDING ON THEINTERPRETATION OF ARTICLE
XXVIII OF THE GATT 1994
Paragraph 1 1 African Group TN/CTD/W/3/Rev.1
AGREEMENT ON AGRICULTURE
Article 6.2 1 African Group TN/CTD/W/3/Rev.1
Article 14 1 African Group TN/CTD/W/3/Rev.1
Article 15.1 1 African Group TN/CTD/W/3/Rev.1
Article 15.2 2 African Group
LDCsTN/CTD/W/3/Rev.1
TN/CTD/W/4
AGREEMENT ON SANITARY ANDPHYTO-SANITARY MEASURES (SPS)
Article 9.2 2 LMG
African GroupTN/CTD/W/2
 TN/CTD/W/3/Rev.1
Article 10.1 2 LMG
African GroupTN/CTD/W/2
TN/CTD/W/3/Rev.1
Article 10.2 & Paragraph 3.1 of the Decisionon Implementation-Related Issues and
Concerns1 India TN/CTD/W/6
Article 10.3 1 African Group TN/CTD/W/2
 TN/CTD/W/3/Rev.1
Article 10.4 & Vide Paragraph 3.5 of the
Decision on Implementation-Related Issues
and Concerns1 India TN/CTD/W/6
Article 10.4 1 African Group TN/CTD/W/3/Rev.1
AGREEMENT ON TEXTILES AND
CLOTHING
Paragraph 2 of Article 1 & Paragraph 18 of
Article 21 LDCs TN/CTD/W/4/Add.1
Articles 2.18 & 6.6 1 African Group  TN/CTD/W/3/Rev.1
AGREEMENT ON TECHNICAL
BARRIERS TO TRADE (TBT)
Articles 11 & 12 1 African Group TN/CTD/W/3/Rev.1
Article 12.3 1 LMG TN/CTD/W/2TN/CTD/W/12
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AGREEMENT ON TRADE-RELATED
INVESTMENT MEASURES (TRIMS)
Whole Agreement 1 LDCs TN/CTD/W/4
Article 3 1 African Group TN/CTD/W/3/Rev.1
Article 4 1 African Group TN/CTD/W/3/Rev.1
Article 5.3 1 African Group  TN/CTD/W/3/Rev.1
AGREEMENT ON IMPLEMENTATIONOF ARTICLE VI OF THE GATT 1994
(ANTI-DUMPING)
Article 15 1 African Group  TN/CTD/W/3/Rev.1
AGREEMENT ON THEIMPLEMENTATION OF ARTICLE VII
OF GATT 1994 (CUSTOMSVALUATION)
Article 20.1-2 1 African Group  TN/CTD/W/3/Rev.1
Article 20.3 1 African Group  TN/CTD/W/3/Rev.1
AGREEMENT ON PRESHIPMENT
INSPECTION (PSI)
Article 3.3 1 African Group TN/CTD/W/3/Rev.1
AGREEMENT ON RULES OF ORIGIN
Proposal 1 African Group TN/CTD/W/3/Rev.1
AGREEMENT ON IMPORT
LICENCING
Article 1.2 1 African Group TN/CTD/W/3/Rev.1
Article 3.5 1 African Group TN/CTD/W/3/Rev.1
Article 3.5 (a)(iv) 1 Thailand TN/CTD/W/7
Article 3.5 (j) 1 India TN/CTD/W/6TN/CTD/W/12
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AGREEMENT ON SUBSIDIES AND
COUNTER-VAILING MEASURES
Paragraph 1 of Article 2 1 & Paragraph 4 ofArticle III of GATT 1994
(and paragraphs 1 (b) & 27.3 of the Subsidies
Agreement)1 LDCs TN/CTD/W/4
Article 27.1 2 LMG (not
including Egypt
and Mauritius)
African GroupTN/CTD/W/1
TN/CTD/W/3/Rev.1
Article 27.4 1 African Group TN/CTD/W/3/Rev.1
Article 27.8 1 African Group TN/CTD/W/3/Rev.1
Article 27.9 1 African Group TN/CTD/W/3/Rev.1
Article 27.13 1 African Group TN/CTD/W/3/Rev.1
Article 27.15 1 African Group TN/CTD/W/3/Rev.1
AGREEMENT ON SAFEGUARDS
Article 9.1-2 1 African Group TN/CTD/W/3/Rev.1
GENERAL AGREEMENT ON TRADE
IN SERVICES (GATS)
Article IV 2 African Group
LDCsTN/CTD/W/3/Rev.1
TN/CTD/W/4/Add.1
Article IV:1 1 LDCs TN/CTD/W/4/Add.1
Article IV:2 1 LDCs TN/CTD/W/4/Add.1
Article IV:3 1 LDCs TN/CTD/W/4/Add.1
Article V:3 1 African Group TN/CTD/W/3/Rev.1
Article XXV 1 African Group TN/CTD/W/3/Rev.1
Annex on Telecommunications
Paragraph 6 1 LDCs TN/CTD/W/4/Add.1TN/CTD/W/12
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AGREEMENT ON TRADE-RELATED
ASPECTS OF INTELLECTUAL
PROPERTY RIGHTS (TRIPS)
Articles 65, 66.1, 70.8 & 70.9 1 African Group TN/CTD/W/3/Rev.1
Articles 7, 8 & 66.2 1 African Group TN/CTD/W/3/Rev.1
Article 66.1 1 LDCs TN/CTD/W/4/Add.1
Article 67 1 LDCs TN/CTD/W/4/Add.1
UNDER-STANDING ON RULES AND
PROCEDURES GOVERNING THESETTLEMENT OF DISPUTES  (DSU)
Article  4.10 2 India
African GroupTN/CTD/W/6
TN/CTD/W/3/Rev.1
Article 8.10 1 African Group TN/CTD/W/3/Rev.1
Article 12.10 2 LMG
African GroupTN/CTD/W/2
TN/CTD/W/3/Rev.1
Article 12.11 1 African Group TN/CTD/W/3/Rev.1
Article 21.2 1 India TN/CTD/W/6
Articles 21.2, 21.7 & 21.8 1 African Group TN/CTD/W/3/Rev.1
Article 24.1 1 African Group TN/CTD/W/3/Rev.1
DECISION ON MEASURES INFAVOUR OF LEAST-DEVELOPED
COUNTRIES
Paragraph 1 1 African Group TN/CTD/W/3/Rev.1
Paragraph 2 1 African Group TN/CTD/W/3/Rev.1
Paragraph 2 (ii) 1 LDCs TN/CTD/W/4
DECISION ON MEASURESCONCERNING THE POSSIBLE
NEGATIVE EFFECTS OF THEREFORM PROGRAMME ON LEAST-
DEVELOPED AND NET FOOD-
IMPORTING DEVELOPING
COUNTRIES
Proposal 1 African Group TN/CTD/W/3/Rev.1TN/CTD/W/12
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DIFFERENTIAL AND MORE
FAVOURABLE TREATMENT,
RECIPROCITY AND FULLER
PARTICIPATION OF DEVELOPINGCOUNTRIES (ENABLING CLAUSE):
DECISION OF 28 NOVEMBER 1979
Paragraph 1 & 2(d) 1 LDCs TN/CTD/W/4/Add.1
Paragraph 3 (d) 1 LDCs TN/CTD/W/4/Add.1
Proposal 1 African Group TN/CTD/W/3/Rev.1
Whole Decision 2 Paraguay
LDCsTN/CTD/W/5 &
TN/CTD/W/Add.1
TN/CTD/W/4/Add.1
Note  – the provisions referred to in Annexes III & IV of TN/CTD/W/3/Rev.1 are not included in this
table.
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