WORLD TRADE  
ORGANIZATION  WT/L/578 
26 July 2004 
 (04-3215) 
 Original:   English/ 
 French 
 
 
 
ACP MINISTERIAL DECLARATION ON THE 
DOHA WORK PROGRAMME 
 
Grand Baie, Mauritius 12 July 2004 
 
Communication from Trinidad and Tobago  
 
  The following communication, dated 16 July 200 4 and addressed to the Director-General, has 
been received from the Delegation of Trinidad and Tobago. 
  
_______________ 
 
 
ACP MINISTERIAL DECLARATION ON THE 
DOHA WORK PROGRAMME 
 
Preamble: 
 We, Ministers responsible for trade matters from the African, Caribbean and Pacific (ACP) 
Group of States, meeting on 11 July 2004 to examin e the state of  progress of negotiations on the 
WTO Doha Work Programme prior to the meeting of  the G-90 Trade Ministers scheduled for 13 July 
2004, in Mauritius; 
 Acting  in pursuance of the Decision n° 9/LXXIX/04 of the 79
th Council of Ministers, which 
mandates «the ACP Committee of Ambassadors, in collaboration with the ACP Representatives in Geneva, to (a) examine the draft G90 common Platform made available to ACP Member States by 
CARICOM, in conjunction with the ACP Declaration issued ahead of the 5th WTO Ministerial, in 
order to update the ACP position in relation to the on-going negotiations under the Doha Work 
Programme; and to (b) define the parameters w ithin which the ACP Group can operate, with the 
requisite flexibility, in order to maximise its benefits»; 
 Having regard to the Doha Ministerial Declaration adopted by the Fourth WTO Ministerial 
Conference in Doha Qatar in November 2001, in which WTO Members undertook to place the needs 
and interests of developing countries at the hear t of the Work Programme adopted by the Doha 
Ministerial Conference; 
 Recalling  the ACP Declaration on the Fifth Ministerial Conference of the WTO 
(WT/MIN(03)/4) and the G-90 common negotiating position in Cancun as outlined in the 
consolidated African Union (AU), African, Caribbe an and Pacific Group of States (ACP) and Least 
Developed Countries (LDC) Position on Agricultu re; (WT/MIN(03)/W/17)03), Non-Agricultural WT/L/578 
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 Market Access (WT/MIN(03)/W/18), on Development Issues (WT/MIN(03)/W/20), and on the 
Singapore issues (WT/MIN(03)/W/19);  
 Guided  by the outcome of the Fourth Summit of the ACP Heads of State and Governments 
held in Maputo, Mozambique on 23
rd and 24th June, 2004;  
 Affirming  the outcomes of recent meetings, including the Dakar Declaration of the Third LDC 
Trade Ministers’ Meeting, adopted in Dakar, Sene gal, on 05 May 2004;  the Kigali Declaration on the 
Doha Work Programme and the Kigali Consensus on the Post-Cancun Work Programme, adopted by 
the African Union Trade Ministers in Kigali,  Rwanda, on 28 May 2004; and the Georgetown 
Communiqué of Ministerial Representatives of G- 90 Countries, the Georgetown Consensus on the 
Doha Work Programme, and the Main Decisions  adopted at the Meeting of Ministerial 
Representatives of G-90 in Georgetown, Guyana, on 4 June 2004;  
 Considering  that the forthcoming meeting of the WTO General Council scheduled for 27-29 
July 2004 could be an important milestone in our collective endeavour to achieve a successful 
conclusion of the work programme established by the Fourth Session of the WTO Ministerial Conference; 
 Welcoming  the recent positive initiatives to inject a new momentum in the current trade 
negotiations and to address the deve lopment, financial and trade n eeds of the weak and vulnerable 
economies; 
 Emphasizing the urgent need for the reactivati on of the Doha Work Programme and 
recognizing the efforts and engagement of WTO Me mbers in moving negotiations forward as well as 
committing themselves to continue ne gotiating in a constructive manner; 
 Recognizing the importance of a multilateral trade system based on equitable rules as a tool 
for sustained economic growth and sustainable de velopment, as well as alleviating poverty with a 
view to its eradication and the need for Members of  the ACP Group, particularly those that are least 
developed, small and vulne rable, including countries in war a nd post-conflict situations, to secure a 
meaningful share of world trade;   
 Affirming  that an open equitable, non-discriminator y, predictable, rules-based multilateral 
trading system can contribute to the achievement of  the development goals especially those contained 
in the Millennium Declaration; 
 Realizing  that the implementation of the Doha Wo rk Programme presents an opportunity to 
reform the multilateral trading system through bala nced rules, enhanced market access and well 
targeted and sustainably financed technical assi stance and capacity building programmes that will 
enhance the legitimacy, credibility and universal natu re of the system and create a basis for a new 
equitable global economic order for the benefit of all WTO Members; 
 Considering that more than fifty percent of ACP States are Least Developed Countries 
(LDCs) and emphasizing the need for this category of  countries to receive priority attention in order 
to facilitate their full integration into the multilateral trading system; 
 Emphasizing  that the ACP States are vulnerable economies, i.e. Small Island Developing 
States, landlocked developing countries, Net F ood Importing Developing Countries (NFIDCs), Highly 
Indebted Poor Countries (HIPC), limited commodity exporting countries, and countries in war, post-conflict, and post-natural disaster situations, whose vulnerability and lack of resilience to external 
shocks expose them to a high risk of margin alization from the multilateral trading system;  WT/L/578 
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  We have adopted the following common position for the on-going negotiations under the 
WTO Doha Work Programme:  
I.  AGRICULTURE 
1. Agriculture is of critical importance to the economic development of  ACP States and other 
developing countries, and holds the potential to lift millions of people out of poverty. Recalling 
the long-term objective referred to in the Agre ement on Agriculture to «establish a fair and 
market-oriented trading system», and underscoring  that the Doha Declaration demands that 
special and differential treatment for developing countries shall be an integral part of all 
elements of the negotiations and shall be embodied in the schedules of concessions and 
commitments and as appropriate in the rules a nd disciplines to be negotiated, so as to be 
operationally effective and to enable developing countries to effectively take account of their 
non trade concerns and development needs, incl uding food security and/or livelihood security 
needs, we urge WTO Members to ensure th at the framework for modalities includes the 
following: 
1.1. That further reform for agriculture should ai m to attain the objectives as set out in the 
Doha Mandate.  Each Round of agriculture negotiations should take into account the 
need for appropriate policy space that woul d allow ACP States to pursue agricultural 
policies that are supportive of their deve lopment goals, poverty reduction strategies, 
food security and livelihood concerns; 
1.2. That the “Framework”, and the eventual Modalities to be agreed upon, should address 
themselves on all the three pillars highlight ed below, in a balanced and equitable 
manner; 
1.3. That there is need for a balance in the frame work in the level of specificity and details 
in and among the pillars as well as in S&D; 
1.4. That in accordance with paragraph 13 of the Doha Ministerial Declaration, binding, 
precise, effective and operational S&D shall be an integral part of all elements of the 
negotiations on agriculture. 
2. The ACP States, as weak and vulnerable economi es, welcome the recent EU initiative in favour 
of these economies and call on the EU to table its proposals in the WTO.  We urge WTO Members to support this initiative in order to address the development, financial and trade 
needs of ACP States. 
3. LDCs shall be exempted from any reduction commitments.  
Market Access 
4. We reiterate the need to improve market acces s for all agricultural products originating from 
ACP States, both in primary, semi-finished and finished products. In this regard, 
4.1. Long-standing trade preferences play a vital role for ACP States economic 
development in providing stable export earnings. Accordingly, WTO Members shall 
take into account the importance of pr eferential access for ACP States. Further 
consideration of this issue should be based on paragraph 16 and other relevant 
provisions of the revised First Draft of Modalities for further commitments (TN/AG/W/1/Rev.1 refers). Any approach to tariff reductions shall take account of the 
export interest of ACP preference receiving States. Erosion of preference margins due WT/L/578 
Page 4  
 
 to MFN tariff reductions should be offset by establishing compensatory and other 
appropriate mechanisms, that increase th e supply capacity and promote exports from 
ACP States, wherever possible. 
4.2. We remain concerned with the use of a bl ended formula as currently set out in the 
Derbez Text.  
4.3. The framework for modalities should call for s ubstantial tariff reductions by developed 
countries, addressing in particular tariff peaks and tariff escalation. In addressing the issue of tariff peaks and tariff escalations, th e interests of preference receiving countries 
shall be fully taken into consideration. 
4.4. Developed countries shall provi de bound duty-free and quota -free market access for all 
products originating from LDCs with realistic , flexible and simplified rules of origin. 
Furthermore, the potential that exists in certain developing countries to extend such 
facilities should be fully exploited. 
4.5. NTBs deny market access for agricultural  products of ACP States, including SPS and 
TBT measures, and these should be fully addr essed in parallel with the tariff reduction 
negotiations. Members shall exercise due r estraint in applying SPS and TBT measures 
to products originating from ACP States,  while technical and financial assistance 
should be provided to assist ACP States in meeting the necessary requirements.  
4.6. Tariff quota regimes should be simplified and made more tr ansparent to enable ACP 
States to fully benefit from them. Attachme nt 1 of TN/AG/W/1/Rev.1 should serve as a 
reference for further work on this issue.  
4.7. Developing countries should be able to self-designate a percentage of their tariff lines 
as “Special Products” (SP) which shall not be  subject to tariff reductions, and no new 
commitments regarding Tariff Rate Quota (TRQ).  
4.8. A “Special Safeguard Mechanism” (SSM) sh all be established for use by developing 
countries. Products designated as SP, shall al so have access to a Special Safeguard 
Mechanism (SSM).  
4.9. The use and the duration of the Special Safeguard (SSG) for developed countries 
remain to be negotiated. 
4.10. No ceiling on level of maximum tariffs  shall be applied to ACP States. 
4.11. ACP States shall be exempted from any reduction commitments. 
Domestic Support 
5. We underscore that all forms of trade-distor ting domestic support measures maintained by 
developed countries shall be substa ntially reduced. In particular: 
5.1. Amber Box measures provided by developed countries should be substantially reduced 
with a view to their phasing out. 
5.2. Blue Box measures provided by developed count ries shall be substantially reduced with 
a view to their phasing out.  WT/L/578 
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 5.3. The trade-distorting elements of Green B ox support measures pr ovided by developed 
countries shall be reviewed and  tighter disciplines for elements of the Green Box 
should be developed through, inter-alia , notification, surveillance and monitoring.   
5.4. Developed countries shall eliminate the 5% de minimis  domestic support.  
5.5. Members shall agree to establish a permanent mechanism as part of an overall 
modalities framework to prevent Members fro m indiscriminately transferring subsidies 
between and within boxes. 
6. The framework for modalities shall take Speci al and Differential Treatment into full 
consideration, especially with regard to food secu rity, rural development, security of livelihood 
and other public policy objectives of ACP States. In this context, 
6.1. The scope of Article 6.2 of the Agreemen t on Agriculture shall be maintained and 
expanded in line with attachment 10 of TN /AG/W/1/Rev.1 and may include any other 
measures meeting the criteria set in this Article.  
6.2. De minimis  support provided by developing countries should be maintained and 
additional flexibilities should be provided. 
6.3. Domestic support measures consistent with Annex 2 of Agreement on Agriculture shall 
be enhanced for developing countries. A ttachment 9 of TN/AG/W/1/Rev.1 provides a 
good basis for further work on this issue. 
7. We believe that there is need to enhan ce transparency by improving the disciplines on 
notifications. In this regard, the notification requirements for developing countries should be 
simplified. 
8. ACP States shall be exempted from any reduction commitments. 
Export competition 
9. A commitment to phase out all forms of export su bsidisation by a date certain shall be an 
integral part of the proposed Framework on Agri culture; the specific da te will be negotiated. 
The timeframes to be agreed upon shall fully take  into account the interests of ACP preference- 
receiving States. 
10. We underscore the importance for developing countries to continue  benefiting from the special 
and differential treatment of Article 9.4 of the Agreement on Agriculture. 
11. There is need to ensure that State Tradi ng Enterprises from ACP States are exempted from 
additional disciplines taking into account the role they play in promoting national development 
goals and objectives.  Attachment 3 of TN/AG/ W/1/Rev.1 should serve as reference for further 
work on this issue. 
12. We believe that there is need to enhan ce transparency by improving the disciplines on 
notifications. In this regard, the notification requirements for developing countries should be 
simplified.  
13. The disciplines of Article 12.1 of the Agreement on Agriculture on export prohibition and 
export restrictions shall be strengthened.  WT/L/578 
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 14. ACP States shall be exempted from any reduction commitments. 
Marrakech Decision on Measures concerning th e Possible Negative Effects of the Reform 
Programme on LDCs and NFIDCs 
15. Taking into consideration the Marrakech De cision on Measures concerning the Possible 
Negative Effects of the Reform Programme on Least Developed Countries and Net-Food 
Importing Developing Countries in terms of av ailability of adequate supplies of basic 
foodstuffs from external sources on reasonable term s and conditions and of resolving the short-
term difficulties in financing normal levels of commercial imports of basic foodstuffs,  
(a) We are concerned with the delay in the im plementation of this Decision and therefore 
urge that it be speedily implemented. 
(b) We further urge WTO Members to expeditious ly establish binding and effective special 
and differential provisions in favour of LD Cs and NFIDCs in the development of 
disciplines on export credits.   
Food aid  
16. There should be a WTO consistent system, which gives priority to local and regional purchases, 
where possible, of food aid supplies for developi ng and least developed c ountries in emergency 
situations. Food aid provided by developed co untries to meet emergency situations and 
humanitarian and development objectives and to a ddress the chronic food deficit situations in 
ACP States shall comply with transparency ru les relating to notifica tion, surveillance and 
monitoring. 
 
II.  COTTON 
17. Cotton continues to be a vital issue for ACP States and requires an urgent solution. In this 
regard, the ACP States underscore that it should be  treated as a stand-alone issue and not as a 
part of the overall negotiations on agriculture . The July framework should include a clear 
commitment to speedily and substantially address both the trade-related aspects of the initiative 
and their development-related counter parts in a “fast-track” basis.  
18. The conclusions of the cotton workshop he ld in Cotonou, Benin on 23-24 March 2004, 
especially with regard to the developmental asp ects of this Sectoral initiative, should be 
implemented as quickly as possible. We underscore that the full and effective settlement of this 
issue shall take into consideration the trade -related elements to be addressed by the WTO 
through a decision aiming at the elimination of the domestic support and subsidies granted for 
the production and export of cotton.   
19. In this regard, we endorse the proposals submitte d to WTO by the proponents of the Sectoral 
Initiative on Cotton as contained in document WT/GC/W/516 of the 7
th October 2003 and urge 
WTO Members to expeditiously adopt those proposals which include,  inter alia : 
(a) The complete elimination of export subsidies on cotton over a period of three years and 
the elimination of production-related domestic  support over a period of four years, with 
effect from 1st January 2005;  
(b) The establishment of a cotton sector support fund. 
  WT/L/578 
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 III.  NON-AGRICULTURAL MARKET ACCESS 
20. We are concerned that the proposals contained in the Derbez Text and its annex on NAMA are 
in contradiction with the principle of less th an full reciprocity as enshrined in the Doha 
Ministerial Declaration and as such would further deepen the crisis of de-industrialisation and 
accentuate the unemployment and poverty crisis in  our countries. In this regard, we welcome 
the recent initiatives in favour of weak and vulnerable economies.  It is, therefore, imperative 
that the Framework to be agreed should provi de “policy space and flexibility” to allow ACP 
States to undertake industrial policy and na tional development objectives. We express our 
disappointment on the approach adopted by the Chairperson of NAMA to transmit annex B of the Derbez Text to the Chair of the General Council for the preparation of the Framework 
without incorporating the concerns expressed  through our various submissions during the 
process of negotiations.  We reiterate that we are prepared to look at the framework positively 
only if it includes the elements we have  raised in the process of negotiations. 
21. The current negotiations on non-agricultural ma rket access shall facilitate the development and 
industrialization processes in the ACP States and therefore the negotiations shall ensure:   
(i) the provision and/or maintenance of market  access for products of export interest to 
ACP States;   
(ii) that ACP States are allowed to choose their own rate and extent of future import 
liberalization, so as not to cause adverse effects on local industries;  
(iii) that the problems which  ACP States will face from the erosion of preferences are 
addressed;  
(iv) that the supply side capacity constraints on ACP States be addressed in order for them 
to take advantage of any increased market access opportunities;  
(v) that the impact of the decline in government revenue on sustainable levels of 
development is addressed and  
(vi) that the impact studies undertaken on previous  tariff reductions on ACP States are taken 
into consideration.  
22. The issue of tariff bindings shall be approached  in a way that creates incentives to those 
countries that have not bound their tariffs to do so . In this regard, the bindings of tariffs should 
be acknowledged as the main contribution to this r ound by the countries that decide to do so.  
23. The ACP States urge that the adoption of a ta riff reduction approach should provide sufficient 
flexibility and scope to enable ACP States to pr otect sensitive domestic sectors and to continue 
to have adequate and effectiv e levels of preferences necessar y for the maintenance of their 
competitiveness in their export markets.  
24. ACP Countries shall be exempted from participation in any sectoral approach. 
Erosion of preferences  
25. Due to the critical importance of preferences for ACP States, solutions to the question of 
preference erosion shall be obtained within the WTO  negotiations. In this respect, a sectoral 
approach would be detrimental to ACP preferen ces in major export markets. A suitable carve-
out shall be made in favour of ACP econom ies and products of exports interest.  It shall be WT/L/578 
Page 8  
 
 stressed that work on preference erosion should not be outsourced to other multilateral 
institutions.  
26. Erosion of preferential margins due to MFN tari ff reductions shall be offset by establishing 
compensatory and other appropriate mechanisms to fully address the impact of erosion of 
preferences, including measures that  promote exports from ACP States. 
Non tariff barriers  
27. NTBs deny market access for non-agricultural products of ACP States. These NTBs, which 
include technical barriers to trade, rules of  origin and other conditions, as well as anti-
competitive market structures, need to be addresse d in the negotiations in parallel with tariff 
reductions. Members shall exercise due constrai nt in applying these measures to products 
originating from ACP States, while technical and financial assistance should be provided to 
assist ACP States in meeting the necessary requirements. 
LDCs   
28. We support the Dakar Declaration of 2004 and re iterate the proposal to exempt LDCs from 
making further reduction commitments and that developed countries shall provide bound duty-
free and quota free market access for all products  originating from LDCs as from 2004 with 
realistic, flexible and simplified rules of origin. Furthermore, the potential that exists in certain 
developing countries to extend such facilities shall be fully exploited. 
 
IV.  DEVELOPMENT ISSUES 
29. The fourth WTO Ministerial Declaration places de velopment at the heart of the Doha Work 
Programme.  Given the critical importance of development to the ACP States, we express 
concern over the lack of effective progress on development issues, which are key components 
for the successful achievement of the Doha  Round of negotiations.  These issues cover, inter 
alia:  Special and Differential Treatment, Implementation Issues and Concerns, the Special 
Situation of LDCs, Small Economies, Commodity  Issues, Technical A ssistance, Capacity 
Building, Transfer of Technology, and Trade, Debt and Finance. 
Special and Differential Treatment 
30. We reiterate that Special and Differential Treatment is a core principle in the WTO and an 
important instrument for integrating the ACP St ates into the multilateral trading system.  In 
accordance with the Doha Ministerial Declara tion, several proposals have been submitted by 
ACP States to review Special and Differen tial Treatment provisions with a view to 
strengthening and making them more pr ecise, effective and operational.  
31. While there has been some progress, this has fallen far short of our expectations in terms of the 
Doha objectives. We are of the view that th ere should be no new commitments in the absence 
of complete settlement of outstanding Agreemen t-specific S&D proposals. Furthermore, we 
call for the adoption of a package of proposals of economic value and which provide sufficient 
policy space to ACP States. 
32. We urge the General Council to agree on a work programme for operationalizing S&D 
provisions within a specified time frame, to set early deadlines for finalizing of the outstanding 
proposals, and to monitor progress on the agreed work programme.  WT/L/578 
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 33. We also urge that the Special Session of the Committee on Trade and Development pursue 
expeditiously, within the parameters spelt out in the Doha Ministerial Declaration, the work on 
outstanding agreement-specific proposals and othe r issues referred to in TN/CTD/7 and report 
with recommendations, as appropriate, to the General Council by December 2004.  
Implementation-Related Issues and Concerns 
34. Positive results have not been achieved unde r the mandates given at Doha concerning 
implementation-related issues and concerns. A significant number of the issues and concerns 
raised in this context remain outstanding.  The mandates in paragraph 12 of the Doha 
Ministerial Declaration and the Decision on Implementation-Related Issues and Concerns 
should be re-affirmed and appropr iate solutions be found and implemented without any further 
delay.    
35. We call for the adoption of a work programme that provides for a clear road-map with time-
bound and specific benchmarks fo r the expeditious fulfilment of the mandate on outstanding 
implementation issues. 
36. We are also of the view that there should be  no new commitments in the absence of the 
complete settlement of outstanding Implementation-related issues and concerns.  
Least Developed Countries 
37. We reaffirm that the integration of LDCs into the multilateral trading system requires: 
37.1. Provision of duty free and quota free market acce ss to LDCs by all developed countries 
and meaningful market access by those developing countries in a  position to do so; 
37.2. Support for the diversification of LDCs production and export base and trade-related 
technical assistance and capacity building; 
37.3. Exemption of LDCs from reduction commitmen ts in NAMA and Agriculture is critical 
for their development. 
38. We therefore support the Dakar Declaration adopted by the Third LDC Trade Ministers 
Meeting and call for the convening of an inte rnational Conference as soon as possible in which 
LDCs and their cooperating partne rs will reflect on and create an  effective mechanism on the 
follow-up to the implementation of the Integr ated Framework for Trade Related Technical 
Assistance and Capacity Building.  
Small Economies  
39. We reaffirm the urgent need for the WTO me mbership to address, in a substantive and 
meaningful manner, the particular structural disadvantages and inherent vulnerabilities of small 
and vulnerable economies in order to facilitate their integration into the multilateral trading 
system.  In this regard, WTO members should adopt result-oriented trade related measures by December 2004 in order to support the agricultural, industrial and overall economic development and growth of small and vulne rable economies in a sustainable manner. WT/L/578 
Page 10  
 
 Commodity Issues 
40. Given their continued dependence on a few comm odity exports and the long-term decline and 
fluctuation of prices of commodities, the majority of ACP States are facing a multifaceted crisis and most of them are either least developed count ries and/ or heavily indebted poor countries.  
41. We urge the WTO members to expeditiously address the commodity issues and find a 
permanent solution to this matter in accordan ce with the proposals tabled in the Committee on 
Trade and Development under reference WT/COMTD/W/113 and WT/COMTD/W/130. 
Trade and Transfer of Technology and Trade, Debt and Finance 
42. We call for more focused work in the Working Groups on Trade and Transfer of Technology 
and Trade, Debt and Finance with a view to fi nding sustainable solutions that encourage and 
result in increased flows of technologies and finance as well as effectively address the problem 
of external indebtedness of the ACP Sates.  
Technical cooperation 
43. In the Doha Ministerial Declaration, WTO members committed themselves to putting technical 
assistance and capacity building “as core elemen ts of the development dimension of the 
multilateral trading system”. The establishment of the Doha Development Agenda Global Trust 
Fund has made satisfactory contribution on t echnical cooperation and capacity building. 
Members should be encouraged to continue contributing generously in favour of these 
programmes to ensure adequate financing fo r future technical cooperation and capacity 
building programmes. Beneficiary countries should be  consulted at all stages so that priority 
can be given to their individual needs at both national and regional levels.  
44. We welcome the Memorandum of Understandi ng (MOU), signed in Cancun, between UNIDO 
and WTO, which formalizes a closer relationshi p between both organizations.  The agreement 
aims to improve, in a tangible manner, the supply side capacities of developing countries, 
mainly through the diversification and increase in  the value added of their exports.  We further 
note with satisfaction that the first phase of the WTO/UNIDO joint programme on technical 
assistance in under implementation and several ki ck-off seminars have already taken place. 
 
V.  SINGAPORE ISSUES 
45. We continue to be concerned with the potentia l serious implications of, and the burdensome 
requirements of negotiating and implementing an y future agreement on any of the Singapore 
Issues.  Having regard to the various deve lopments concerning Singapore Issues amongst the 
WTO Members in and outside Geneva, at and since the Fifth WTO Ministerial Conference, the 
ACP States call for the issues relating to Trade and Investment, Trade and Competition Policy, and Transparency in Government Procuremen t to be dropped from the Work Programme. 
46. We note that there is an emerging convergence of  views for a future development of a Work 
Programme on Trade Facilitation.  However, be fore any agreement by explicit consensus on 
negotiating modalities, a number of issues should be clarified first. In considering any future 
work programme, the ACP States emphasize the following:  
(a) The need to clarify the issue of adopting a multilateral framework on Trade Facilitation, 
the provision of the necessary technical assist ance and capacity building prior to the 
launch of any negotiations by explicit consensus;   WT/L/578 
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 (b) The need, inter alia , to address the resource and capacity constraints of developing 
countries, the costs of implementing the ne w rules and to determine how and by whom 
the costs will be met; 
(c) The need for clarity on the applicability of the Dispute Settlement Mechanism and 
whether any new rules will be binding.  
 
VI.  TRIPS AND PUBLIC HEALTH 
47. On 30 August 2003, WTO Members adopted the D ecision to implement paragraph 6 of the 
Doha Declaration on the TRIPS Agreement and Pu blic Health. Since the current Decision of 30 
August 2003 is only a temporary waiver, a perm anent solution can only be found through an 
amendment to the TRIPS Agreement. Furthe rmore Members have, since December 2003, 
engaged in informal consultations aimed at pu tting in place a permanent solution envisaged in 
Paragraph 11 of the Decision.  These consultati ons were however, insufficient, and focused on 
the legal form rather than content. In this rega rd, we urge that the necessary amendments of the 
TRIPs Agreement be completed on or before 31 March 2005.  
 
VII.  SERVICES 
48. We underline that it is a matter of concern that , due to capacity constraints, ACP States have 
not been able to actively take part in the curre nt request and offer negotiations, as there are few 
sectors in the other countries in which the local enterprises from ACP States can meaningfully participate.  In light of this, we urge other WTO Members to refrain from making excessive 
demands on ACP States in this regard.   We furthe r urge that due respect must be given to the 
right of ACP States to regulate trade in services and liberalise according to their national policy 
objectives. 
49. We reiterate the need to respect the principle of progressive liberalisation, in particular allowing 
the ACP and other developing countries to open fewer sectors, in line with their national 
development objectives. At the same time, we stress the importance for developed countries to 
proceed in the liberalisation of sectors and mod es of export interest to ACP States, especially 
through the movement of natural persons (mode 4). 
50. We welcome the Modalities for the Special Treat ment for Least Developed Countries Members 
in the Negotiations on Trade of Trade in Servi ces adopted by the Special Session of the Council 
for Trade in Services on 3 September 2003 (TN/S/13). 
51. In the light of the capacity constraints underlined above, the importance of capacity building 
programmes is underscored. As we seek to critically evaluate this state of affairs and in view of 
the increasingly critical role of the services sector to our economies, we call on all development partners to provide increased and targeted technical assistance to ACP States.  
 
VIII.  WTO RULES 
Anti-Dumping and Subsidies 
52. We reiterate that the negotiations on Rules should take into account the needs of ACP States in 
general and LDCs in particular, despite the f act that heavy workload and limited resources, 
have constrained the participation of ACP States in the Negotiating Group on Rules.  
53. It is being increasingly accepted that the ability of governments to follow and maintain open 
and liberal trade policies depends greatly on whether they are able to come to the rescue of their WT/L/578 
Page 12  
 
 agricultural producers and the domestic industry, by applying trade remedy measures when 
they are being injured by increased imports. The rules and detailed procedures which the 
relevant WTO Agreements provide for taking trade remedy measures such as anti-dumping and countervailing measures or safeguard action are ex tremely complex. This has prevented a large 
number of our States from making effective use of these measures when their agricultural and 
industrial sectors have been injured from incre ased imports. It is therefore necessary to adopt 
simplified procedures that would facilitate making use of these measures by our States in 
appropriate cases. Simultaneous action would have to be taken for providing, on an urgent 
basis, technical assistance to our countries, for building up the institutional framework and 
human resource capacities for taking such actions.  
54. We call upon WTO Members to: 
54.1. Review the rules on anti-dumping and counter vailing measures in order to prohibit their 
application to LDCs` exports. 
54.2. Adopt simplified procedures for LDCs for i nvestigation of imposition of anti-dumping 
and countervailing measures against imports into their territories. 
55. We underline the importance of certain subsidies,  including fisheries and agricultural subsidies, 
as necessary tools to further economic development. Consequently, WTO Members should provide greater flexibility in the u se of these subsidies for ACP States. 
Regional Trade Agreements 
56. We underscore that the development aspects are taken fully into account in the negotiations 
aimed at clarifying and improving disciplin es and procedures relating to regional trade 
agreements as mandated by pa ragraph 29 of the Doha Ministerial Declaration.  
57. In this regard, we require the preservation of the Enabling Clause and the revision of Article 
XXIV of the GATT so as to explicitly incl ude Special and Differential Treatment and 
asymmetry.  Any improvement and clarificati on of disciplines and procedures on RTAs should 
take account of differing levels of devel opment and should address the definition of 
“substantially all the trade”, transitional time fra mes and reciprocity, in a manner that responds 
to the needs and interests of developing countries, as indicated in TN/RL/W/155. 
58. We also recognize that it is very important to  take into account the recent EU initiative in 
favour of weak and vulnerable economies in fra ming rules on RTAs. We urge that coherence 
and consistency must be maintained in  and between EPA and WTO negotiations.  
IX.  DISPUTE SETTLEMENT UNDERSTANDING 
59. Paragraph 30 of the Doha Ministerial Declara tion provides for negotiations aimed at improving 
and clarifying the DSU. Several ACP States have submitted proposals to the Special Session of the DSB that would enhance their particip ation in the dispute settlement system. 
60. According to the mandate the negotiations on this  issue were to be completed by end of May 
2003. This deadline was missed and given the l ack of progress in the work of the Special 
Session, we urge the Special Session of the DSB to expedite completion of the DSU 
negotiations taking into account our concerns with  regard to the accessibility and affordability 
of the system.    WT/L/578 
 Page 13 
 
 
 61. We emphasise that DSU negotiations will remain  outside the Single Undertaking, as provided 
for in the Doha Ministerial Declaration. 
 
X.  COHERENCE 
62. The issue of coherence has been confined to institutional coherence between the WTO and the 
Bretton Woods institutions. However, the emph asis should be on the coherence between the 
policy advice given to developing countries by the Bretton Woods institutions and their WTO obligations. We re-emphasize the importance of  promoting, without cross-conditionalities and 
without additional conditions  consistent and mutually supportiv e policies. In this regard, we 
call for the closer coordination between these ins titutions in order to implement the coherence 
mandate. Moreover, the negotiating processes at  the multilateral, regional and bilateral  levels 
should be conducted in a coherent manner.  
XI.  ACCESSION 
63. We reiterate our call for the full adherence to and implementation by the WTO members of the 
“Guidelines on WTO accession procedures for LDCs” adopted by the General Council in 
December 2002.   
64. Having regard to the high costs involved in the various stages of accession process, i.e., in the 
document preparation, the undertaking of act ual negotiations, the  implementation of 
negotiated outcomes and the setting-up of le gal and institutional  infrastructures: 
64.1 We urge that targeted technical assistance be provided to acceding LDCs and ACP 
States in order to address the costly and complex accession process 
64.2 We call upon WTO Members to refrain fro m placing onerous demands on LDCs and 
other ACP States in the accession process. 
64.3 We request WTO members to respond speedily to ACP countries that have applied to 
commence their accession process. 
 
XII.  OBSERVER STATUS OF THE ACP GROUP 
65. We reiterate the need for the WTO Members to  grant Permanent Observer Status to the ACP 
Group of States and ACP Inter-governme ntal and regional organizations. 
 
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