WT/MIN(15)/W/2  
 
10 November 2015  
(15-5916)  Page: 1/6  
Ministerial Conference 
Tenth Session 
Nairobi, 15-18 December 2015  Original: English  
 
 DRAFT INPUTS INTO MC10 DECL ARATION FROM THE ACP GROUP 
The following communication, dated 6 November 2015,  is being circulated at the request of the 
delegation of Barbados on behalf of the ACP Group.  
 
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 1. We, the Ministers, have met in Nairobi, Kenya, from 15 to 18 December 2015 at our Tenth 
Session. As we conclude our Session, we would like to express our deep appreciation to the 
Government and people of Kenya for the outstanding organization and the gracious welcome we have received in Nairobi. 
 
2. We reaffirm the principles and objectives set out in the Marrakesh Agreement Establishing 
the World Trade Organization. We also recall the Declarations and Decisions we adopted at Doha 
and at the Ministerial Conferences we have held since then and reaffirm our full commitment to 
give effect to them.   3. We reiterate the need for the WTO to remain the premier negotiating forum to improve 
multilateral trade rules and respond to the dire need for this institution to deliver on substantive 
market access for trade and competitiveness of ou r weaker and vulnerable Members, in particular 
L D C s .  H o w e v e r ,  i t  i s  i m p e r a t i v e  t h a t  t h e  a c h i e v e m e n t s  w e  h a v e  m a d e  o v e r t i m e  o n  i n c l u s i v e ,  
Member-driven, consensus-based, and transparen t conduct of negotiations is improved upon. 
 4. We affirm the role the WTO can play in delivering on the 2030 Development Agenda.  
 
1  PART I - THE IMPORTANCE OF THE WT O AS AN ORGANIZATION INCLUDING ITS 
ACHIEVEMENTS, IN PARTICULAR IN THE CONTEXT OF ITS 20
TH ANNIVERSARY; 
1.1.  In celebration of the 20th anniversary of the World Trade Organization (WTO), we reaffirm our 
commitment to the priority to integrate developing countries at all levels of development, in 
particular least developed among them into the multilateral trading system, with measurable 
sustainable development gains in all pillars of WTO work. 
1.2.   While the WTO has not delivered on all of its promises, it has nevertheless had several 
successes. On the eve of our Fourth Session, the Members agreed on new transitional periods on trade-related investment measures for developing countries and other measures in favour of 
developing countries and LDCs. 
1.3.  At our Fourth Session, we launched for the fi rst time in the history of the GATT and the WTO, 
a Development Round, including our agreement that implementation issues and special and differential treatment provisions would be addressed. At the same time, we agreed on new 
decisions on implementation issues and on the subsidies agreement for developing countries. 
While the world watched in earnest, the WTO also  overcame the challenge to address the nexus 
between the need for the institution to respond to public health concerns of the poorest Members, 
in particular in Africa, by agreeing on the TRIPS and Public Health Declaration and our agreement 
on the related ten year transition period for LDCs. WT/MIN(15)/W/2 
 
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  1.4.  Following on this success, the institution en tered protracted negotiations that bore fruit of 
global proportions in the TRIPS paragraph 6 amendmen t, which is still in the process of ratification 
by a few Members.  By our Fifth Session, we sa w the expiry of the phas e out of the Multifibre 
Arrangement as implemented through the Agreem ent on Textile and Clothing, which was a key 
gain for many developing countries in the Uruguay Round. While we agreed that year to the first 
extension of the non-pharmaceutical aspects of the TRIPS Agreement for LDCs, many developing 
country Members came into compliance under ag reed Uruguay Round implementation periods, 
others required more time and additional mechanisms to assist in their reforms and capacity 
building efforts. 
1.5.  Although the built-in agenda negotiations in agriculture and services were launched in 2000, 
the promised agreement on agricultural reforms,  in particular to eliminate trade distorting 
supports, that were to open markets for developing countries and LDCs, including on cotton, 
continued to elude us. 
1.6.  The other regular work of the WTO has al so kept pace with the requirements of the 
multilateral trading system in the monitoring and implementation of the Uruguay Round 
Agreements and the admission of new Members. Out of fifty-five countries in the accession 
process, thirty-three have acceded; out of the thirty-three, eighteen are developing countries. 
From 128 Members in 1995 to now 162 Members, we can take umbrage in the fact that the 
performance in accessions confirms that significance of Membership on the global platform remains paramount. 
1.7.  While developing countries have increased in their participation in WTO deliberations and 
rulemaking and the institution has increased awareness on the centrality of development in trade, 
including enhancements in technical assistance and capacity building initiatives, developing countries, in particular LDCs and SVEs still account for only a marginal share of world trade.  LDCs 
still account for only 1.2 per cent of world merchandise trade and 0.7 per cent of world exports of 
commercial services. Clearly, more work remains to be done. With the exception of our decision in Bali on food security and the special and differential treatment chapter in the trade facilitation 
agreement, they have yet to realise binding and effective outcomes on proposals that they have 
made in the last two decades. It is important that this session we have been able to agree on decisions with concrete responses to some of their proposals. 
1.8.  Within the current framework, we were able to achieve agreement on trade facilitation 
agreement at our Ninth Session. Following on our Ninth Session, the WTO responded to the call of 
developing countries and LDCs by launching and es tablishing the Trade Facilitation Facility, which 
includes a last resort trust fund and other mechanisms to assist in the operationalization of the 
development features of the agreement. However, we also reiterate the importance of targeted 
and sustainable financial, technical, and capacity building assistance programmes to support the developing countries, in particular LDCs, to implement their agreements, to adjust to the reform 
process, and to benefit from opportunities presented. 
1.9.  We recognize that while tariffs have been reduced by several countries this has been offset 
by increasing barriers to trade, which continue to hamper the development and particularly the export performance of many developing countries and we commit to examine this problem to 
identify ways in which developing countries in need of assistance in dealing with this burden, can 
be given assistance. 
1.10.  We launched the Integrated Framework for LDCs in our first years of our maiden voyage 
and achieved the establishment of the Enhanced Integrated Framework for LDCs; at this session 
we also accomplished agreement on the phase II pl edging conference, which must deliver on our 
promises to assist LDCs on the supply side toward better integration into the multilateral trading 
system. WT/MIN(15)/W/2 
 
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  1.11.  In the two decades the WTO has been in operation, only three LDCs have graduated. In this 
regard, we acknowledge the need for the WTO to explore ways to improve the participation of 
LDCs in world trade and in the meeting their development goals in a manner that addresses their inadequate infrastructure and weak productive capa cities and that will support the diversification 
of their exports.  In that regard, we continue to  emphasise the need for priority attention to be 
accorded to LDCs with multifaceted initiatives to facilitate their full integration into the multilateral trading system, including taking binding commitmen ts to provide predictability and certainty for 
their traders. 
2  PART II - DELIVERABLES FOR MC10: RE GULAR WORK UNDER THE GENERAL COUNCIL 
AND RELATED DECISIONS; DDA DELIVERABLES; 
REGULAR WORK UNDER THE GENERAL COUNCIL 
 
2.1.  We welcome the progress in the regular work under the General Council, including under the mandates that we gave at our Eighth Session, and the following decisions we have adopted at our 
Ninth Session: 
 TRIPS Non-violation and Situation Complaints – Ministerial Decision; 
 Work Programme on Electronic Commerce – Ministerial Decision; 
 Work Programme on Small Economies - Ministerial Decision; 
 Working Group on Technology Transfer – Ministerial Decision; 
 Aid For Trade – Ministerial Decision. 
 
2.2.  We further welcome the following decisions taken in Geneva: 
 Decision adopted by the TRIPS Council concerni ng the extension of the transitional period 
under the Doha Declaration on the TRIPS Agreement and Public Health and TRIPS 
Agreement Article 66.1 for pharmaceuticals and the waiver of TRIPS Agreement Articles 
70.8 and 70.9 for Least-Developed Country Members in document -------; 
 Decision on the Accession of Liberia 
 
2.3.  We welcome those new Members who have completed their accession processes since our last Session. In particular, we note with satisfac tion that, at our present Session, we have adopted 
the Decision on the Accession of the Republic of Liberia (WT/MIN(15 ------). We recognize the 
contribution of accession to strengthening the multilateral trading system and remain committed 
to efforts to accelerate accessions, in particular of developing countries and LDCs in a manner that they can make concessions commensurate with their size and development needs and current 
WTO rules and standards. We also urge that technical assistance and resources to support 
acceding ACP States in the process of accession negotiations is provided. In addition, we urge the implementation of the General Council's Decision of 25th July 2012 on Accession of LDCs aimed at 
strengthening, streamlining and operationalising the 2002 LDCs Accession Guidelines, pursuant to 
the 2011 MC8 Decision. 
DOHA DEVELOPMENT AGENDA DELIVERABLES 2.4.  We welcome the progress in the DDA, which is embodied in the following Decisions and 
Declarations we have adopted at our Tenth Session: 
Agriculture 
 
 Export Competition – Ministerial Declaration; 
 Cotton – Ministerial Decision. 
 WT/MIN(15)/W/2 
 
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  Development and LDC issues 
 
 Special and Differential Treatment Agreement Specific Proposals –Ministerial Decision; 
 Preferential Rules of Origin for Least-Developed Countries – Ministerial Decision; 
 Operationalization of the Waiver Concerning Pr eferential Treatment to Services and Service 
Suppliers of Least-Developed Countries – Ministerial Decision; 
 Duty-Free and Quota-Free (DFQF) Market Access for Least-Developed Countries –Ministerial 
Decision ; 
 Preservation of Flexibilities Treatment for develo ping countries, in particular LDCs and Small, 
Vulnerable Economies in agriculture, NAMA and Services Negotiations. Ministerial Decision; 
 Development and Food Security aspects of Fisheries Subsidies – Ministerial Decision. 
 
3  PART III – FUTURE WORK OF THE WTO/POST NAIROBI 
3.1.  We reaffirm our commitment to the WTO as the pre-eminent global forum for trade, including 
negotiating and implementing trade rules, settl ing disputes and supporting development through 
the integration of developing countries into the global trading system. We reaffirm the Ministerial declarations and General Council Decisions relevant to the Doha mandates; and our determination 
to take concrete steps to conclude the remaining issues raised in the DDA, addressing all 
unresolved issues in the development mandate and yielding specific development milestones for our weaker Members as soon as possible.  
3.2.  We agree that the guiding principle for bo th agricultural and non-agricultural goods tariff 
negotiations different tariff reduction targets should be defined for developed countries and for 
developing countries, and SVEs in accordance with the principles of special and differential treatment and less than full reciprocity, and we confirm that LDCs shall be exempt from making 
tariff reductions. In the case of services, negotiations shall be consistent with the GATS 
architecture and mandates. 
3.3.  We instruct 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. 
3.4.  To aim for key milestones, we also instruct the TNC to conduct work on the following in order 
to reach areas of convergence. 
Agriculture 
  
3.5.  Negotiations aimed at establishing a fair, and market-oriented trading system in agriculture, 
shall fully reflect special and differential treatment for developing countries shall, taking into 
account the possible negative effects of the implementation of the reform program on least-
developed, SVEs and net food-importing developing countries (NFIDCs).  
3.6.  Negotiations shall aim at substantial reduction in all forms of trade distorting domestic 
support, in particular by developed countries, incl uding through meaningful disciplines on product 
specific and non-product specific support. The integrity of Article 6.2 of the Agreement on Agriculture shall be maintained. 
3.7.  Market access commitments shall result in different tariff reduction levels for developed 
countries, developing countries and SVEs, follow ing the principle of special and differential 
treatment and less than full reciprocity in reduction commitments. LDCs shall be exempted from taking any tariff reductions. Such approach shall al so take into account the need to reduce tariff 
peaks and tariff escalation including on tropical products while addressing the concern of 
preference erosion. Negotiations shall include appropriate flexibilities for special products and a Special Safeguard Mechanism (SSM) that is simple, operational and effective. 
3.8.  Any outstanding issue on export competition shall be addressed taking into account problems 
faced by developing countries, and the flexibili ties currently envisaged in existing texts. 
3.9.  We call on Members to work specifically, ambitiously and expeditiously towards a binding 
outcome on cotton covering all the pillars of the negotiations. WT/MIN(15)/W/2 
 
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  3.10.  We call on Members to work expeditiously towards finding an appropriate permanent 
solution on Public Stockholding for Food Securi ty Purposes accessible by all developing country 
Members.  
NAMA 
 
3.11.  Future negotiations on market access aimed at reducing, or as appropriate, eliminating tariffs shall take fully into account the special needs and interests of developing and least-
developed country participants, including through less than full reciprocity in reduction 
commitments, recognising that the Swiss formula and associated coefficients and flexibilities is not acceptable for many developing country formula applying countries Members.  
3.12.  As a starting point we agree to preserve, at minimum, the core flexibilities negotiated so far 
that fully take into account ACP States developm ent priorities and that LDCs shall be exempted 
from taking any tariff reductio ns. Developing Members with low binding coverage of non-
agricultural goods tariff lines
1 will only be requested to increase their binding coverage. Small 
vulnerable economies should not be requested to undertake commitments beyond those envisaged 
in the negotiations so far. Such flexibilities will be adjusted according to any agreement on other formulas as appropriate and in a manner that does not undermine the principles that frame them.  
3.13.  In continued negotiations, we agree 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.  
3.14.  We also reiterate the need for any agreem ent to include treatment of preference erosion 
and that developing Members with low binding cove rage of non-agricultural goods tariff lines will 
be exempt from making tariff redu ctions consistent with the objectives of found in current texts.  
Services 
 
3.15.  We affirm 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 reaffirm the 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.  
3.16.  Domestic regulations negotiations shall continue in accordance consistent with their right to 
regulate, in particular the need for developing countries to exercise that right. Special and 
differential treatment shall include self-designation of any transition periods and acquisition of capacity. We consider that developing countries should have the flexibility in their own discretion 
with regard to taking on any new commitments. We also call upon Members to reaffirm that LDCs 
shall not be required to take on any new commitments. 
3.17.  Final offers shall be considered for submissi on by our Eleventh Session, if final agreement in 
agriculture and NAMA is achieved by that time.  
Rules Negotiations 
3.18.  Rules negotiations shall include full account for special and differential treatment and the 
establishment of a Trade Remedies Facility based on the ACP proposal. Specific attention shall be 
paid to avoiding the introduction of burdensome rules on developing countries, in particular least 
developed countries.  
3.19.  Negotiations on fisheries subsidies beyond disciplines that may be agreed to at Nairobi shall 
continue with appropriate and effective special and differential treatment for developing countries 
including LDCs and SVEs. 
                                               
1 With a binding coverage of non-agricult ural tariff lines of less than 35 percent. WT/MIN(15)/W/2 
 
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  Trade Related Intellectual Property Rights 
3.20.   Negotiations on the basis of proposals from developing countries on the relationship 
between the TRIPS Agreement and the Convention on  Biodiversity and on the extension of higher 
TRIPS protection to products other than wines and spirits shall be pursued with a view to 
overcoming the most critical and fundamental st alemates in the negotiations by our Eleventh 
Session.  
Other areas 
3.21.  Members may continue work in all WTO bodies, including working groups and work 
programmes and discussing issues raised by Members in those bodies consistent with the mandates of those bodies.  
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