RESTRICTED  
  
G/RO/M/61  
 
31 January 2014  
(14-0564)  Page: 1/3  
Committee on Rules of Origin    
 
MINUTES OF THE MEETING OF 26 SEPTEMBER 2013 
CHAIRMAN:  MR. MARHIJN VISSER (THE NETHERLANDS) 
 
SUBJECTS DISCUSSED1 
A. WORK PROGRAMME FOR THE HARMON IZATION OF NON-PREFERENTIAL 
RULES OF ORIGIN - REPORTING BY THE CHAIRMAN ........................................................ 1  
B. TRANSPOSITION OF DRAFT HARMONIZ ED RULES OF ORIGIN INTO MORE 
RECENT VERSIONS OF THE HS NOMENCLATURE - REPORT  BY THE SECRETARIAT ............ 2  
C. NOTIFICATIONS UNDER ARTICLE 5 AND PARAGRAPH 4 OF ANNEX II TO 
THE AGREEMENT OF RULES OF ORIGIN ............................................................................ 3  
D. NINETEENTH ANNUAL REVIEW OF THE IMPLEMENTATION AND 
OPERATION OF THE AGREEMENT ON RULES OF ORIGIN .................................................. 3  
E. DRAFT REPORT OF THE COMMITTEE TO THE COUNCIL FOR TRADE IN 
GOODS (2 013) ................................................................................................................. 3 
F. OTHER BUSINESS .................................................................................................... 3  
 
 
A. WORK PROGRAMME FOR THE HARMONIZAT ION OF NON-PREFERENTIAL RULES OF 
ORIGIN - REPORTING BY THE CHAIRMAN 
1.1 The Chairman informed the Committee that he had held consultations regarding the work of 
the Committee on the Harmonization Work Programme (HWP). As he had already reported to 
Members during an informal meeting of the Committee on 13 September 2013, it had become 
difficult to propose any meaningful work on the HWP.  Some Members of the Committee wished to 
intensify work on the HWP with a view to finalizing it, while other Members preferred not working 
on the HWP at all for the moment.  The deadlocks that explained these polarized views were of a 
technical as well as of a political nature. Moreover, they also related to the very rationale behind 
the HWP.  In fact, for some Members, the reasons which had led to the launch of the HWP 
negotiations no longer existed.  Yet the Agreement gave the Committee a clear mandate and the question was what to do with it.  The Chairman further noted that the Committee's draft Annual Report to the Committee in Trade in Goods provided a detailed picture of the state of play 
regarding the HWP. 
1.2 The representative of Canada agreed that th ere were fundamental differences of view on the 
HWP.  According to him, Canada was in the group of countries who did not believe that the 
harmonization of non-preferential rules would facili tate trade. For that reason, the HWP should be 
put on hold, pending a clear and significant change in Members' well-known positions.  Canada was open however, to the innovative ideas, such  as the discussion of non-binding guidelines and 
principles regarding non-preferential origin.  In the meantime, the Committee could focus its 
attention on other areas, such as the simplification  of transposed draft harmonized rules of origin. 
1.3 The representative of the European Union (EU)  noted that, in her opinion, the globalisation 
and fragmentation of manufacturing operations had only increased the need for common rules, 
                                               
1 The agenda of the meeting had been circulated in document WTO/AIR/4186. G/RO/M/61 
 
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  particularly regarding the interpretation of substantial operations.  For her, with the proliferation of 
preferential trade agreements, the importance of no n-preferential rules of origin derived from the 
application of other trade-policy measures, for instance, for labelling, for quotas, for statistics, for anti-dumping measures, etc.  Industries and exporters were confronted with labelling obligations 
which differed in every Member of the WTO, which increased business costs and insecurity. 
Pending an agreement to restart work on the HWP however, the Committee could work on the 
finalization of the transposition work and initiate an examination of notifications and the 
non-preferential rules currently applied by different Members. 
1.4 For the representative of China, the finaliza tion HWP remained an important policy objective 
and he agreed that the globalization and fragment ation of production had made the determination 
of origin more challenging than ever before. He also noted that for some Members, including 
China, most trade was still conducted mostly on a non-preferential basis. Regarding other areas of 
work, he thought that working on the overall architecture and some product-specific rules was possible. He agreed to undertake work on the tran sposition exercise and on notifications. He also 
believed that the Committee should not move in the direction of applying the current consolidated 
rules as guidelines. 
1.5 The representative of Japan expressed that his government was open to exploring new 
possibilities of work. 1.6 The representative of India agreed with th e EU and China and added that the mandate to 
complete the HWP was clear.  He also thought that the finalization of the HWP was pressing 
because there were real difficulties that exporters faced with regards to labelling and other 
instruments deriving from a variety of rules of or igin which were in place in different territories. 
1.7 The representatives of Australia and of the Un ited States agreed with the report that the 
recent consultations had laid bare the fairly stark differences in Members' positions and that it 
would, therefore, be counterproductive for the Committee to work on the HWP. 
1.8 The representatives of Switzerland and of Ch inese Taipei stated that the Committee should 
simplify, clarify and streamline rules of origin across the world and that, as a result, it should 
resume work to finalize the HWP. 
1.9 The Committee took note of the statements made.  
B. TRANSPOSITION OF DRAFT HARMONIZED RULES OF ORIGIN INTO MORE RECENT 
VERSIONS OF THE HS NOMENCLATURE - REPORT  BY THE SECRETARIAT 
2.1 At the request of the Chairman, the Secret ariat recalled that, at the request of this 
Committee, it had worked over the past two year s to transpose our draft harmonised rules of 
origin into more recent versions of the harmonised system (G/RO/M/57).  A dedicated workshop 
had been organized in April 2013 to update Members on the state of progress in that work.  As had 
been explained, the mechanical work on th e 2002, 2007 and 2012 versions of the HS 
nomenclature had been virtually completed.  Accord ing to the representative of the Secretariat, a 
single document would be produced compiling all transposed and simplified rules.  The Committee 
would then need to agree to review that document with a view to finalizing the transposition exercise. 
2.2 Having heard the report by the Secretariat, the Chairman proposed that: 
i. The Secretariat circulated, as soon as possi ble, a compilation of all the draft harmonised 
rules of origin in the most recent and the most simplified version, also reflecting the recommendations for simplification submi tted or to be submitted by the TCRO; 
ii. Delegations review this document and the rules in it; and 
iii. That a review of the document and the ru les be added to the agenda of the Committee's 
next meeting in order to provide delegations with an opportunity to comment on and take 
note of those rules. 
2.3 The Committee agreed to the Chair's proposals. G/RO/M/61 
 
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  C. NOTIFICATIONS UNDER ARTICLE 5 AND PARAGRAPH 4 OF ANNEX II TO THE 
AGREEMENT OF RULES OF ORIGIN 
3.1 The Chairman drew Members' attention to th e new notifications which had been circulated 
since the Committee's last meeting and which were contained in documents G/RO/N/95 to 108. 
These notifications also included new preferential rules or origin which had been originally notified 
to the Committee on Regional Trade Agreements and which were now systematically circulated to the Committee.  He also drew the Committee's attention to a document prepared by the 
Secretariat enumerating all notifications submitted and outstanding (RD/RO/7).  Finally, he also 
urged Members whose notification obligations were outstanding to contact the Secretariat for assistance. 
3.2 The Committee took note of the report made by the Chairman. 
D. NINETEENTH ANNUAL REVIEW OF THE IMPLEMENTATION AND OPERATION OF THE 
AGREEMENT ON RULES OF ORIGIN 
4.1 The Committee completed its Annual Review of  the implementation and operation of the 
Agreement on Rules of Origin (G/RO/W/144). 
E. DRAFT REPORT OF THE COMMITTEE TO  THE COUNCIL FOR TRADE IN GOODS 
(2013) 
5.1 The Chairman noted that, in preparing the annual report to the Council for Trade in Goods, 
he had sought to inform the Council about the difficulties the Committee was facing in relation to 
the HWP.  The draft report was available in document G/RO/W/145/Rev.1. 
5.2 The Committee adopted the annual report.  
F. OTHER BUSINESS 
6.1 The Committee agreed that its next meeting would be held on 10 April 2014. 
 
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