WT/MIN(15)/3  
3 November 2015  
(15-5807)  Page: 1/6  
Ministerial Conference 
Tenth Session 
Nairobi, 15-18 December 2015  Original: English  
 
 ACP GROUP DECLARATION ON THE TENT H WTO MINISTERIAL CONFERENCE  
The following communication, dated 26 October 2015, is being circulated at the request of the 
delegation of Barbados on behalf of the ACP Group. 
 
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Preamble:  
We, Ministers of the African, Caribbean and Paci fic (ACP) Group of States responsible for trade 
matters, meeting in Brussels from 19 to 21 October 2015 to, among other things, review 
preparations for the Tenth WTO Ministerial Conference (MC10) in Nairobi and provide political 
guidance to our Member States;   
Recalling  the WTO Ministerial declarations adopted at  Doha, in 2001, Hong Kong, in 2005, and 
Bali, in 2013, and the General Council Decision adopted on 1 August 2004, and the guidance provided by Ministers at the Eighth WTO Ministerial Conference, in 2011;  
 
Recalling and reaffirming all of the ACP Declarations, adopted since 2001, for previous WTO 
Ministerial Conferences and the respective outcom es of ACP and G90 Trade Ministers meetings as 
well as the ACP Group of States positions on the negotiating issues;  
 
Emphasising  the need for priority attention to be accorded to Least Developed Countries (LDCs) in 
order to facilitate their full integration into the multilateral trading system; 
 Noting that within the ACP Group of States, developing countries include, but are not limited to, 
LDCs, Small Island Developing States (SIDS), Small Vulnerable Economies (SVEs), Landlocked 
Developing Countries (LLDCs), Preference Dependent Economies, Net Food Importing Developing Countries (NFIDCs), Low Income Countries (LICs), Middle Income Countries, Highly Indebted Poor Countries (HIPC), Heavily Indebted Middle Income Countries (HIMICs), limited commodity 
exporting countries, and countries in war, post-conflict, and post-natural disaster situations;  
 Further recalling the SIDS Accelerated Modalities of Action  (SAMOA) Pathways emanating from the 
Third International Conference on SIDS; 
 Concerned that some proposals introduced in the negotiations may undermine the development 
objectives of the Doha Development Agenda (DDA); 
 Further concerned about potential erosion of gains made as a result of graduation of some ACP 
States; 
 
Emphasising, the need for Members of the ACP Group of States to secure a meaningful share of 
world trade and to increase their competitiveness; 
 
Recognizing the importance of targeted and sustainable fi nancial, technical, and capacity building 
assistance programmes to support the ACP Group of States to implement their agreements, to 
adjust to the reform process, and to benefit from opportunities presented; 
 WT/MIN(15)/3 
 
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  Determined to work towards conclusion of the DDA, taking fully into account the development 
objectives set out in the Doha Declaration and the Marrakesh Agreement Establishing the WTO;  Hereby adopt the following common position in the context of the forthcoming Tenth WTO 
Ministerial Conference in Nairobi, and thereafter: 
 1  PRINCIPLES 
1.1.  We reaffirm that the ACP Group of States  will continue constructive engagement in the 
pursuit of a meaningful outcome at the Tenth WTO Ministerial Conference (MC10) in Nairobi, and 
that such engagement is predicated upon adherence to the following principles: 
a. Decisions are taken through a transparent,  inclusive, and consensus-based Member-
driven process; 
b. Agreement on a development package taking into account the concerns and interests of 
all ACP States; 
c. Affirmation of the development objectives of the DDA in all aspects of negotiating 
outcomes, including the principle of special and differential treatment and less than full 
reciprocity; and 
d. Agreement in Nairobi reaffirming WTO Members’ commitment to conclude the DDA in 
line with its development mandate. 
2  DEVELOPMENT DECISIONS IN NAIROBI 2.1.  We urge Members in Nairobi to deliver on the following proposals in favour of developing 
countries and submitted by them: 
i. Ministerial affirmation that, in the course of future negotiations in agriculture and 
non-agricultural goods, the flexibilities, for LDCs and SVEs so far, will be maintained 
as a  starting point and the inclusion of flexibilities for Members of customs unions; 
ii. Affirmation that developing Members with low binding coverage of non-agricultural 
goods tariff lines
1 will be exempt from making tariff reductions consistent with the 
objectives of Rev.3; and countries covered in paragraph 13 of Rev.3; 
iii. Affirmation that the level of ambition for any of the flexibilities shall be adjusted 
commensurate with the level of ambition in the negotiations as a whole; 
iv. Ministerial affirmation of the agreed flexibilities for developing countries in the 
services negotiations found in GATS Articles IV and XIX; the Negotiating Guidelines 
and Procedures; and the Hong Kong Declaration, including Annex C, including those specifically for LDCs; which do not contain any concept of reciprocity in the content 
of offers and Procedures; and further affirmation that these flexibilities shall not be 
undermined by new proposals; 
v. Concrete and binding decisions in the areas put forward by LDCs; 
vi. Binding decisions in accordance with Doha Declaration paragraph 44, on the twenty-
five DDA special and differential treatment agreement specific proposals submitted by the G90
2; 
                                               
1 With a binding coverage of non-agricult ural tariff lines of less than 35 percent.  
2 Comprised of the ACP, African and LDC Groups. WT/MIN(15)/3 
 
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  vii. A decision on the disciplines on fisheries subsidies that impact the food security of 
developing countries and fish resources, as referenced in JOB/TNC/46, representing a minimum package for development toward achieving the targets  set out in Agenda 
2030 SDG 14, while at the same time ensuring that such disciplines would not 
consign developing countries, especially SIDS, which will need subsidies for their 
expansion, to only artisanal and small scale fishing; 
viii. Commitment that the application of flexibilities that are not linked to the tiered 
formula in agricultural market access to developing countries shall be maintained; 
ix. Agreement on the extension of the transiti on period under Article 66.1 of the TRIPS 
Agreement for LDC Members for certain obligations with respect to pharmaceutical products which expire in December 2015 and waivers on Articles 70.8 and 70.9 
requested by the LDC Group in document IP/C/W/605; 
x. A concrete and binding decision on cotton; 
xi. A substantial reduction in trade distorting domestic support, in particular by 
developed countries; 
xii. Affirmation that different tariff reduction targets should be defined for developed 
countries, developing countries, and SVEs in accordance with the principles of special 
differentiated treatment and less than full re ciprocity, and confirming that LDCs shall 
be exempt from making tariff reductions; 
xiii. Agreement on the G33 proposal for procedures to operationalize the Special 
Safeguard Mechanism that was agreed in the July Framework 2004; 
xiv. Agreement on Special Products ; and 
xv. Examination of all types of NTBs in developed country markets impacting on 
developing country exports. 
3  OTHER ASPECTS FOR MC10 AND THE DDA NEGOTIATIONS 
3.1.  We call upon Members to affirm their commitment to the DDA and its mandates, in particular 
on core areas of importance to developing countries. 
3.2.  We emphasise that future negotiations on agriculture and NAMA tariff cuts must be 
commensurate with meaningful cuts in domestic support and that flexibilities shall be accorded to developing countries, especially LDCs and SVEs. 
3.1  Agriculture  
3.3.  We acknowledge that agriculture is of critical importance to the economies of the majority of 
the ACP Group of States and therefore reaffirm  that special and differential treatment for 
developing countries shall be an integral element of the agricultural negotiations, taking into 
account the possible negative effects of non-implementation of commitments by developed 
countries on ACP States. 
3.4.  On domestic support, we reiterate the import ance we attach to achieving meaningful cuts in 
Overall Trade Distorting Support (OTDS), Aggregate Measurement of Support (AMS), and 
disciplines to prevent box shifting. The AMS and de minimis  flexibilities for developing countries, in 
particular LDCs, SVEs, and NFIDCs in accordance  with Rev.4, should be preserved and the 
integrity of Article 6.2 of the Agreement on Agriculture shall be maintained. 
3.5.  On export competition, as per Rev.4, we reiterate our support for the progressive and parallel 
elimination of all forms of export subsidies and export measures with equivalent effect, including in the area of food aid, while taking into account problems faced by developing countries, and urge 
that the flexibilities currently envisaged in existing texts be maintained including those for LDCs 
and SVEs. WT/MIN(15)/3 
 
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  3.6.  On Public Stockholding for Food Security Purposes, we call on Members to work expeditiously 
towards finding an appropriate permanent solution. 
3.2  Non-Agricultural Goods Market Access (NAMA) 3.7.  We reaffirm the need to preserve in the NAMA negotiations, at minimum, the core flexibilities 
contained in Rev.3 that fully take into account ACP States development priorities and that LDCs 
shall be exempted from taking any tariff reductions. With respect to the current NAMA tariff reduction formula; we note that, many WTO Member s, including ACP States, have stated that the 
Swiss formula is not do-able. 
3.8.  We also reiterate the need for any agreem ent to include treatment of preference erosion. 
3.9.  In continued negotiations, we urge that tariff reduction for those developing Members that 
are part of a customs union of developing countries which may include LDCs and SVEs shall be no 
more than the average tariff reduction of all the other Members of the customs union and shall in 
no case result in final tariffs that are below the Common External Tariff. The tariff reduction commitments shall also be moderated to avoid widening divergences in tariff bindings amongst the 
Members of such customs unions. 
3.10.  With respect to non-tariff barriers, WTO Members should refrain from imposing measures on 
trade from ACP States, that amount to discriminatory or unnecessary barriers to trade. Technical 
assistance should be provided to support developing country initiatives aimed at ensuring ACP 
participation in relevant standard setting processes and to address other non-tariff barriers to trade. 
3.3  Services 
3.11.  The ACP Group of States identified non-exhaustive sectors and modes of supply of interest 
to our Members in JOB/TNC/46.   
3.12.  We recall that Members may decide how to proceed on their own offers taking into account 
their particular development objectives and offers from other Members. At the same time we 
reiterate key principles and flexibilities embedded in the General Agreement on Trade in Services, 
the Negotiating Guidelines and Procedures, the Hong Kong Ministerial Declaration and its Annex C.  
3.13.  In domestic regulations negotiations, we recall that developing countries have the flexibility 
in their own discretion with regard to taking on any new commitments, consistent with their right to regulate and development policy objectives. To  further the development component of the DDA, 
developed Members should take on commitments in qualification requirements and procedures to 
facilitate developing country services market access. We also call upon Members to reaffirm that 
LDCs shall not be required to take on any new commitments. 
3.4  Trade-related Intellectual Property Rights Negotiations 
3.14.  The ACP Group continues to support TRIPS ne gotiations on the basis of proposals contained 
in TN/C/W/52. 
4  LEAST DEVELOPED COUNTRIES 
4.1.  We urge Members to take note that LDCs share in world merchandise and services trade is 
miniscule and they suffer staggering current account deficits. Therefore, we emphasise the need for value-added and binding decisions based on proposals from the LDC Group, to be taken at MC10 in Nairobi as a matter of priority toward the real and greater integration of the LDCs into the 
multilateral trading system. 
5  REGULAR WORK OF THE WTO 5.1.  WTO mandates in areas of interest to the ACP Group of States, should be reinvigorated, in 
particular the development component across all on-going work programmes and deliberations in 
the relevant WTO bodies.  WT/MIN(15)/3 
 
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  5.1  Small and Vulnerable Economies 
5.2.  We reaffirm Paragraph 35 of the Doha Declaration and paragraph 41 of the Hong Kong 
Ministerial Declaration. We urge the WTO Membership to continue to address, in a substantive and meaningful manner, the particular structural disa dvantages and inherent vulnerabilities of small, 
vulnerable economies and call for due regard to be given to the priorities of SVEs in all areas of 
the negotiations to ensure their further integration into the multilateral trading system. We also reiterate that the WTO must deliver flexibilities for SVEs as part of any development outcome. 
5.2  Accessions 
5.3.  We welcome the recent accession to the WTO of ACP State, the Republic of Seychelles, and 
applaud the completion of the accession negotiations for ACP State, Liberia.  
5.4.  Acceding ACP States should make concessions commensurate with their size and 
development needs and current WTO rules and standards. We urge the WTO and developed 
countries to provide technical assistance and resources to support acceding ACP States in the process of accession negotiations. In addition, we urge the implementation of the General 
Council's Decision of 25 July 2012 on Accession of LDCs aimed at strengthening, streamlining and 
operationalising the 2002 LDCs Accession Guidelines, pursuant to the 2011 MC8 Decision. 
5.3  LDC Enhanced Integrated Framework 
5.5.  The ACP Group of States welcomes the la unch of the Enhanced Integrated Framework (EIF) 
phase 2 on 1 July 2015, as well as the EIF Pledging Conference to be held during the Tenth WTO Ministerial Conference (MC10) in Nairobi. In this regard, we urge donors to come forward with substantial pledges in Nairobi. 
5.4  Aid for Trade 
5.6.  We appreciate the effort of some donors to sustain their aid efforts. We urge donors to 
continue to support the efforts of our Members, to integrate into the world trading system, by 
directing aid for trade flows to areas of the highes t priority as identified by the beneficiaries, 
including infrastructure, productive capacity, trad e finance, connectivity, and costs of adjustment. 
This assistance should be in the form of new funding, without diverting from existing bilateral 
assistance in other areas, on a sustainable basis. 
5.7.  We are seriously concerned about the potential for erosion of the gains made as a result of 
graduation of some of our Members. Therefore, we  call for the abandonment of per capita income 
statistics as the only measure to determine eligibility for Aid for Trade for WTO Members and 
recommend the use of different criteria. 
6  STANDING AGENDA ITEM DECISIONS FOR THE TENTH WTO MINISTERIAL 
CONFERENCE IN NAIROBI 
6.1.  We support the extension of the decision fo r MC10 to maintain the current practice of not 
imposing customs duties on electronic transmi ssions, and to continue the electronic commerce 
work programme with special attention to the situation in developing countries, particularly in 
least-developed country Members and least connected countries. In this regard, we also urge the 
recognition of the principles of non-discrimination, predictability, and transparency. 
6.2.  We also call on WTO Members to agree in Nairobi to make permanent the moratorium on the 
application of Subparagraphs 1(b) and 1(c) of  Article XXIII of GATT 1994 on non-violation and 
situation complaints (NVCs) to the TRIPS Agreement. 
7  THE TENTH WTO MINISTERIAL CONFERENCE IN NAIROBI 7.1.  We underline the importance of MC10 to be held in Nairobi and look forward, therefore, to 
effectively and constructively participate in the de liberations of the conference. In addition, we call 
on all Members to ensure that any proposed Ministerial declaration for Nairobi is developed in a transparent, inclusive and consensus based process. WT/MIN(15)/3 
 
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  8  POST-NAIROBI WORK 
8.1.  We call upon Members to reaffirm in Nairobi, the Ministerial declarations and General Council 
Decisions relevant to the Doha mandates; and to take concrete steps to conclude the remaining issues in the DDA, with development as a key component. 
8.2.  We further call upon Members to ensure that post-Nairobi, all unresolved issues in the DDA 
on the development mandate are addressed and yield specific development milestones to conclude the DDA as soon as possible. 
8.3.  We urge the Tenth WTO Ministerial Conference in Nairobi to give due consideration to the 
present Declaration. 
 Done in Brussels, 21 October 2015 
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