WT/MIN(13)/W/17  
 
6 December 2013  
(13-6724)  Page: 1/2  
Ministerial Conference 
Ninth Session 
Bali, 3-6 December 2013    
 
 MONITORING MECHANISM ON SPEC IAL AND DIFFERENT IAL TREATMENT 
DRAFT MINISTERIAL DECISION 
 
The Ministerial Conference,  
 
Having regard to paragraph  1 of Article IX of the Marrakesh Agreement Establishing the 
World Trade Organization; 
 
Recalling  the General Council decision of July 2002 to establish the Monitoring Mechanism; 
 
Decides as follows:  
 1. The scope, functions, terms of reference and operation of the Monitoring Mechanism 
(hereinafter referred to as “Mecha nism”) shall be as follows:  
 SCOPE 
2. The coverage of the Mechanism shall extend to all special and differential provisions 
contained in multilateral WTO Agreements, Ministerial and General Council Decisions. 
 FUNCTIONS/TERMS OF REFERENCE 
3. The Mechanism shall act as a focal point within the WTO to analyse and review the 
implementation of S&D provisions. The Mechanism will complement,  not replace,  other relevant 
review mechanisms and/or processes in other bodies of the WTO.
1 
 
4. The Mechanism shall review all aspects of implementation2 of S&D provisions with a view to 
facilitating integration of developing and least-developed Members into the multilateral trading system. Where the review of implementation of an  S&D provision under this Mechanism identifies 
a problem, the Mechanism may consider whether it results from implementation, or from the 
provision itself.  
5. In carrying out its functions, the Mechanism w ill not alter, or in any manner affect, Members’ 
rights and obligations under WTO Agreements, Ministerial or General Council Decisions, or interpret their legal nature. However, the Mechanism is not precluded from making 
recommendations to the relevant WTO bodies for initiating negotiations on the S&D provisions that 
have been reviewed under the Mechanism.   6. The Mechanism can, as appropriate, make recommendations to the relevant WTO body that 
propose:  
 
 the consideration of actions to improve the im plementation of an special and differential 
provision;  
                                               
1 Members will have the discretion to avail themselves of the Mechanism as well as other relevant 
review mechanisms or processes in other bodies of the WTO. 
2 During the review, the Mechanism may consider ho w the provision is being applied and the overall 
effectiveness of its implementation. WT/MIN(13)/W/17 
 
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 or the initiation of negotiations aiming at improving the special and differential provision(s) 
that have been reviewed under the Mechanism. 
 
7. Such recommendations will inform the work of the relevant body, but not define or limit its 
final determination.  
8. The relevant body should consider a recommendation from the Mechanism at the earliest 
opportunity. The status of recommendations emerging  from the Mechanism shall be included in the 
annual report of the Committee on Trade and Development to the General Council.  
OPERATIONS  
9. The Mechanism shall operate in Dedicated Sessions of the Committee on Trade and 
Development. The Mechanism shall meet twice a ye ar. Additional meetings may be convened, as 
appropriate. When in session, the Mechanism shall follow the same rules and procedures applied 
by the Committee on Trade and Development.  
10. Monitoring of special and differential provisions in the Mechanism shall be undertaken on the 
basis of written inputs or submissions  made by Members, as well as on the basis of reports 
received from other WTO Bodies to which submissions by Members could also be made.  
11. Where the substantive matter falls within th e purview of another WTO body, the Mechanism 
shall bring it to the attention of that WTO body so that the latter is in a position to provide input.   
REAPPRAISAL OF THE MECHANISM 
12. The Mechanism shall be reviewed three years after its first formal meeting, and thereafter 
when necessary, taking into account its functioning and evolving circumstances. 
 
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