. /.  WORLD TRADE  
ORGANIZATION  TN/RL/W/195 
22 November 2005 
 (05-5521) 
Negotiating Group on Rules  
  
DRAFT MINISTERIAL DECLARATION 
ON RULES (AD/SCM INCLUDING FISHERIES SUBSIDIES)  
 
Note from the Chairman 
 
  The following draft text, which has been  developed during ex tensive and detailed 
consultations in the Negotiating Group on Rules,  is submitted to the Chairman of the Trade 
Negotiations Committee by the Chairman of the Negotiating Group on Rules on his own responsibility.  
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 Ministers : 
 
• acknowledge  that the achievement of substantial results on all aspects of the Rules mandate, 
in the form of amendments to the AD and SC M Agreements, is importa nt to the development 
of the rules-based multilateral trading system a nd to the overall balance of results in the DDA; 
 
• aim to achieve in the negotiations on Rules further improvements, in particular, to the 
transparency, predictability and clarity of the relevant disciplines, to the benefit of all 
Members, including in particular developing and least-developed Members.  In this respect, the development dimension of the negotiations mu st be addressed as an integral part of any 
outcome;      
 
• call on  Participants, in considering possible clar ifications and improvements in the area of 
anti-dumping, to take into account, inter alia , (a) the need to avoid the unwarranted use of 
anti-dumping measures, while preserving the basic concepts, principles and effectiveness of 
the instrument and its objectives where such me asures are warranted; and (b) the desirability 
of limiting the costs and complexity of proceedings  for interested parties and the investigating 
authorities alike, while strengthening the due pr ocess, transparency and predictability of such 
proceedings and measures; 
 
• consider that negotiations on anti-dumping should, as appropriate, clarify and improve the 
rules regarding, inter alia , (a) determinations of dumping,  injury and causation, and the 
application of measures; (b) procedures govern ing the initiation, conduct and completion of 
antidumping investigations, including with a view to strengthening due process and 
enhancing transparency; and (c) the level, sc ope and duration of measures, including duty 
assessment, interim and new shipper reviews, sunset, and anti-circumvention proceedings;          
 
• recognize  that negotiations on anti-dumping have inte nsified and deepened, that Participants 
are showing a high level of constructive e ngagement, and that the process of rigorous 
discussion of the issues based on specific text ual proposals for amendment to the ADA has 
been productive and is a necessary step in achie ving the substantial results to which Ministers 
are committed; 
 
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• note that, in the negotiations on anti-dumping, the Negotiating Group on Rules has been 
discussing in detail proposals on such issues as dete rminations of injury/causation, the lesser 
duty rule, public interest, transparency a nd due process, interim reviews, sunset, duty 
assessment, circumvention, the use of facts available, limited examination and all others rates, dispute settlement, the definition of dumped imports, affiliated parties, product under 
consideration, and the initiati on and completion of investigations, and that this process of 
discussing proposals before the Group or yet to be submitted will conti nue after Hong Kong; 
 
• note, in respect of subsidies and counterva iling measures, that while proposals for 
amendments to the ASCM have been submitted on a number of issues, including the definition of a subsidy, specificity, prohibited subsidies, serious prejudice, export credits and 
guarantees, and the allocation of benefit, there is a need to deepen the analysis on the basis of 
specific textual proposals in order to ensure a balanced outcome in all areas of the Group's 
mandate;  
 
• note the desirability of applying to both  anti-dumping and countervailing measures any 
clarifications and improvements which are rele vant and appropriate to both instruments; 
 
• recall  their commitment at Doha to enhancing the mutual supportiveness of trade and 
environment, note that there is broad agreement that the Group should strengthen disciplines 
on subsidies in the fisheries sector, including through the prohibition  of certain forms of 
fisheries subsidies that contribute to overcapacity and over-fishing, and call on Participants 
promptly to undertake further detailed work to, inter alia , establish the nature and extent of 
those disciplines, including transparency a nd enforceability.  Appropriate and effective 
special and differential treatment for developi ng and least-developed Members should be an 
integral part of the fisheries subsidies negotia tions, taking into account the importance of this 
sector to development priorities, poverty  reduction, and livelihood and food security 
concerns;     
 
• direct  the Group to intensify and accelerate the nego tiating process in all areas of its mandate, 
on the basis of detailed textual proposals befo re the Group or yet to be submitted, and 
complete the process of analysing proposals by  Participants on the AD and SCM Agreements 
as soon as possible; 
 
• mandate  the Chairman to prepare, early enough to assure a timely outcome within the context 
of the 2006 end date for the Doha Developm ent Agenda and taking account of progress in 
other areas of the negotiations, consolidated te xts of the AD and SCM Agreements that shall 
be the basis
 for the final stage of the negotiations. 
 
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