WORLD TRADE  
ORGANIZATION  WT/TPR/W/38  
15 October 2008 
 (08-4943) 
Trade Policy Review Body  
 
 
 
DRAFT 
 
TRADE POLICY REVIEW MECHANISM 
 
Third Appraisal of the Operation of the  
Trade Policy Review Mechanism  
 
Chairperson:  H.E. Mr. Vesa Himanen (Finland) and  H.E. Mr. Yonov Frederick Agah (Nigeria) 
 
 I. INTRODUCTION 
1. The Trade Policy Review Mech anism (TPRM) was established in 1989 on a provisional basis 
and confirmed by Annex 3 of the Marrakesh Agreem ent Establishing the World Trade Organization.  
Paragraph F of Annex 3 establishes that the Trad e Policy Review Body (TPRB) "shall undertake an 
appraisal of the operation of the TPRM not more than  five years after the entry into force of the 
Agreement Establishing the WTO.  The results of th e appraisal will be presented to the Ministerial 
Conference.  It may subsequently undertake appraisal s of the TPRM at intervals to be determined by 
it or as requested by the Ministerial Conference." 
2. The TPRB undertook the first appraisal of th e operation of the TPRM in 1999, and presented 
its Report to the Third Session of the Ministeria l Conference in December 1999.  The TPRB carried 
out a second appraisal of the operation of the TPRM in 2005.  The results of the second appraisal 
were presented to the Sixth Session of the Minister ial Conference in December 2005.  The report to 
Ministers concluded that "the TPRB should undert ake a further appraisal of the operation of the 
TPRM two years after the conclusion of the Sixth WTO Ministerial Conference." 
3. The TPRB agreed on 10 December 2007 to carry out the third appraisal of the operation of 
the TPRM.  Accordingly, the TPRB held two info rmal meetings under the chairmanship of H.E. 
Mr. Vesa Himanen in January and February 2008 , two informal meeting under the chairmanship of 
H.E. Mr. Yonov Frederick Agah in May and October  2008, and adopted this Report on 
[10 November]  2008.  The appraisal meetings considered issues and proposals brought forward by 
Members and was assisted by a non-paper from the Chairperson (H.E. Mr. Vesa Himanen). 
II. TPRM MISSION 
4. The TPRM is linked to WTO disciplines, tr ansparency, understanding and a collective 
appreciation by the WTO Membership as a whole of individual Members' trade policies and their 
impact on the trading system.  The TPRB reaffirmed the relevance of TPRM's mission as defined in Annex 3 of the Marrakesh Agreement.  The TPR B considered that the TPRM had functioned 
effectively and was achieving satisfactorily its mission.   
III. PROCESS OF PREPARING REVIEWS 
5. The TPRB was satisfied with the present process of preparing reviews, including Secretariat 
visits to capitals and the drafting of Secretaria t reports.  The TPRB thought that, as a general rule, WT/TPR/W/38 
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visits were best conducted on the basis of drafts  previously submitted by the Secretariat to the 
Member under review, complemented when appropriate  by a list drawn by the Secretariat identifying 
the main issues for discuss ion with the authorities. 
6. The resource-intensive nature of the TPRM means that all efforts should continue to be made 
for maximum efficiency in the use of resour ces, and to minimize the burden on Members under 
review.  In this context, the TPRB welcomed the time-saving use by the Secretariat of information 
sources such as the internet.  The TPRB also encouraged  the Secretariat to continue with its efforts to 
streamline the process of information gathering, ve rification, revision and co mpletion of its reports, 
while noting that the Secretariat already s houlders a major workload in this respect. 
7. The TPRB was pleased with the distribution of re ports well in advance of review meetings.  
However, it noted that in certain cases signifi cant trade-related changes took place between the 
finalization of the reports and the corresponding TPRB meeting.  In such cases, Members under review were encouraged to advise the Secretariat of those changes in order for the Secretariat to 
consider issuing before the meeting an addendum to its report making reference to  the changes.  In all 
instances, the published documentation, including that available through the WTO website, should 
continue to reflect any revisions made after the initial distribution of the meeting documents. 
8. The TPRB recognized the need to promote mo re interactive discu ssions among Members, 
particularly during the second session of a review meeting.  However, the TPRB could not reach consensus on how this might be achieved, including under a proposal to move forward by one week 
the deadlines for distribution of documents, questions  and answers.  The TPRB agreed to reconsider 
this matter at the next appraisal of the operation of the TPRM and urged Members, in the meantime, 
to improve their interaction during the meetings, especially the second day. 
9. The TPRB felt that more interactive discussions should be promoted through the 
identification of key topics drawn from the advan ce written questions.  The Secretariat was thus 
requested to identify the main points arising from th e questions submitted at l east two weeks before a 
review meeting, and to post these points on WTO's Members Website one week before the meeting.  
A revised list of main points is to be distributed  during the first session of a review when questions 
received after the two weeks deadline gi ve rise to significantly new issues. 
10. The TPRB considered that the original rationa le for the "communication from the discussant" 
had disappeared, and decided that this document should no longer be issued. 
IV. SECRETARIAT AND GOVERNMENT REPORTS 
11. The TPRB was satisfied with the current structure,  contents and quality of the reports by the 
Member under review and the Secretariat.  Secret ariat reports should remain closely focused on the 
trade policies and practices of the Member under review, considered against the background of its 
wider economic environment.  The Secretariat should also continue to prepare comprehensive and 
focused reports that through objective, analytical  presentations assist the TPRB to arrive at a 
collective, fully informed evaluation of a Member's trade policies.   
12. The TPRB saw scope for Secretariat reports to  highlight more explicitly the significant 
changes made by the Member under review to th e trade policies and practices discussed in its 
previous reviews.   
13. The TPRB thought that Members should remain free to define the structure and coverage of 
their own reports in accordance with Anne x 3 of the Marrakesh Agreement, and  
Chapter VI of the 
Rules of Procedure for Meetings of the TPRB. WT/TPR/W/38 
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 V. TPRB MEETINGS 
14. The TPRB judged that the procedures to carry ou t its review meetings were satisfactory, 
following the improvements introduced as a result of its previous appraisal of the operation of the TPRM.  However, the TPRB felt that more interactive discussions should be promoted, including through a better use of the existing advance ques tion-answer process.  In this regard, the TPRB 
reiterated the great value it placed on Members co mplying with the time-limit for submission of 
advance written questions, and on rep lies to those questions being availa ble at the start of the review 
meeting. 
15. To foster a more interactive discussion during its meetings, the TPRB also welcomed the 
efforts delegates make to ensure that their stat ements add value to the deliberations and avoid 
duplication.  With the same aim, the TPRB also deem ed it appropriate for discussants to continue to 
articulate thought-provoking ideas to introduce and encourage the discussions in the TPRB, taking 
into account the questions asked from, and answers provided by the Member under review. 
VI. OTHER 
16. The TPRB thought that the present dissemination practices were amply appropriate.  
17. The TPRB considered other possible changes to the operation of the TPRM relating to, 
among other things, the nature of interim reports, the coverage and critical leve l of Secretariat reports, 
the speaking order in review meetings, the possibl e webcasting and opening to the public of such 
meetings, the Chairperson's Concluding Remarks, the number of sessions for a review meeting, the 
days between sessions, and participation in press conferences.  The TPRB did not reach agreement on modifications concerning those issues but deemed th at they merited further consideration in the 
future.  In this context, the TPRB decided that its  next appraisal of the operation of the TPRM should 
take place within three years after the present appraisal is concluded. 
VII. CONCLUSIONS 
• The TPRM was functioning effectively and chang es to its operation should aim to enhance its 
value within the mandate of Annex 3 without jeopardizing its present satisfactory operation. 
• Efforts should continue to be made for maximum efficiency in the use of resources, and to 
minimize the burden on Members under review;  the Secretariat should carry on its efforts to streamline the process of information gathering, verification, revision and completion of its 
reports.  
• In general, visits should be  conducted on the basis of drafts previously submitted by the 
Secretariat to the Member under review, compleme nted when appropriate by a list drawn by the 
Secretariat identifying the main issu es for discussion with the authorities 
• The Secretariat reports should highlight more explicitly the significant changes made by the 
Member under review to the trade policies and practices discussed in its previous reviews. 
• More interactive discussion in TPRB meetings shoul d be promoted, including through a better use 
of the existing advance question-answer process and enhanced participa tion by delegates and 
discussants. 
• The Secretariat should identify the main points c ontained in the questions  submitted at least two 
weeks before a review meeting, post them on the Members' Website one week before the meeting, 
and distribute a revised list of main points duri ng the first session of a review when questions 
received after the two weeks deadline give  rise to significantly new issues.   
• The "communication from the discussan t" to be no longer issued. WT/TPR/W/38 
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• Members under review were encouraged to advi se the Secretariat of any significant changes 
occurred between the finalization of the reports and the respective TPRB meeting in order for the 
Secretariat to consider issuing an addendum to its report. 
• The new arrangements should apply from January 2009. 
• The TPRB should undertake a further appraisal of the operation of the TPRM no more than three 
years after the conclusion of the present appraisal. 
 
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