WORLD TRADE  
ORGANIZATION  WT/MIN(09)/7 
27 November 2009 
 (09-5990) 
MINISTERIAL CONFERENCE 
Seventh Session Geneva, 30 November - 2 December 2009 Original:   English/ 
 French 
 
  
ACP MINISTERIAL COMMUNIQUÉ TO THE SEVENTH SESSION OF THE WTO 
MINISTERIAL CONFERENCE 
AND 
ACP DECLARATION ON THE SEVENTH SESSION OF THE WTO 
MINISTERIAL CONFERENCE 
 
Communication from Mauritius
 
 
 
 The following communication, dated 24 N ovember 2009 and addressed to the Director-
General, has been received from the Delegati on of Mauritius on behalf of the ACP Group. 
 
_______________ 
  
 On behalf of the ACP Group, I have the honour to submit herewith the ACP Ministerial 
Communiqué to the Seventh Session of the WTO Ministerial Conference adopted by the Ministers of Trade of the ACP Group on 13 November 2009 in Brussels.   
 The ACP Ministers also adopted an ACP Declar ation, which is also attached reflecting the 
positions of the ACP Group on areas of negotiations in the DDA. This Declaration, which also forms an integral part of the above-mentioned Minister ial Communiqué, urges at its paragraph 82 "the 
Chairperson of the Seventh Session of the WTO Minist erial Conference to give a consideration to the 
present Declaration in his summary of the deliberations".  
 I should therefore be grateful if these tw o documents could be circulated to the WTO 
Membership and brought to the attention of th e Chairperson of the Seventh Session of the WTO 
Ministerial Conference for his consideration.  
_______________ 
 
 
ACP MINISTERIAL COMMUNIQUÉ TO THE  SEVENTH SESSION 
OF THE WTO MINISTERIAL CONFERENCE 
 
 
We, Ministers of Trade of the ACP Group, having reviewed the state of the world economy and the 
situation of the WTO, including the DDA nego tiations, mindful of the challenges facing our 
diversified membership and their vulnerable economies, declare:  
1. The multilateral trading system must ope rate to support all countries in their 
development efforts. If the system does not achieve this purpose it misses its declared WT/MIN(09)/7 
Page 2  
 
  goals. The WTO, in other words, must contribute to development and poverty 
alleviation through trade. 
2. We are therefore deeply concerned by the lack of progress in the Doha Development 
Agenda negotiations and urge Members to intensify their efforts and exercise the 
necessary political will to conclude the D oha Round. Concluding the Round at this 
time of crisis would enhance the much needed confidence in the rules-based 
multilateral trading system, halt the rise of protectionism and help stabilize the global financial system. It is therefore time to translate political statements, including those made by world leaders at various occasions over recent months, into effective engagement in Geneva. 
3. Our concerns are aggravated by the sev ere financial and economic crisis that 
originated in the developed economies. It has affected international trade and is 
impeding the capacity of developing countri es to reap the expected benefits from 
global trade. For many vulnerable economies confronted by a critical lack of resources, it even reversed the benefits of  development efforts undertaken so far. 
4. The ACP Group stresses the importance of preserving and building on progress 
achieved so far in the DDA negotiations, and cautions against attempts to reinterpret 
or change the agreed mandates or deviate from agreed principles in the negotiations 
through the selective re-sequencing of issu es or re-opening of stabilized parts of 
modalities texts, or to backtrack on commi tments. The resumption of negotiations 
should be chair driven and based on the Ju ly 2008 convergences and the December 
2008 revised draft modalities texts in Agriculture and NAMA although these texts do 
not fully address all issues of interest to the ACP Group, a shortcoming that should be addressed as a matter of priority. 
5. The negotiations must be carried out in a multilateral, inclusive and transparent 
manner based on members' contributions to ensure the full legitimacy and balance of 
the outcome. Bilateral and small group processes cannot be a substitute for the 
multilateral process. 
6. All negotiating processes should be based on balanced and consensually agreed 
agendas and in this respect, issues and in terests pertaining to the ACP Group should 
be adequately addressed and not sidelined nor relegated so that they are able to join 
the consensus for the successf ul conclusion of the DDA. 
7. The ACP Group reaffirms the importance of preserving and achieving tangible 
development results in each of the nego tiating tracks of the Doha Round and in the 
overall final outcome. 
8. A successful conclusion of the Doha Round sh ould have meaningful outcomes in its 
key development components which for the ACP Group include Cotton, 
Implementation issues and Concerns, LDC priorities including DFQF market access, 
Small Economies, Commodity Issues, Bana nas, the Special Sa feguard Mechanism 
(SSM), Preferences in Agriculture and NAMA, Fisheries Subsidies, TRIPS-CBD, Technical Assistance, Capacity Building, Transfer of Technology and Trade, Debt and Finance. 
9. Special and Differential Treatment is central  to the negotiations, not a side aspect. It 
crucially serves to balance outcomes to en sure that unequal partners can cooperate 
effectively. As such, S&DT is an importa nt instrument for integrating ACP States  WT/MIN(09)/7 
 Page 3 
 
 
  into the multilateral trading system and enab ling them to meet their WTO obligations 
by providing necessary flexibility and polic y space. Differentiated commitments on 
market access serve to mitigate the ne gative impact of crises on their economies. 
10. We urge our partners to engage positively and proactively in the search for 
appropriate answers to development cha llenges in the negotiations and the WTO 
system more broadly. Creative solutions can often be found where Members have the 
political will to abandon long-held positions of principle. 
11. The ACP Group urges its development part ners to make firm commitments to 
provide adequate financial, technical and technological assistance and capacity 
building programmes, including Aid for Trade.  This should be done through both 
new and existing delivery mechanisms, including the Enhanced Integrated 
Framework.  Appropriate mech anisms should be core elements of the final outcomes 
of negotiations in all areas, including in Trade Facilitation.  Such assistance is one of the core elements needed to do justice to  the development focus of this Round.  
Assistance must also address the supply side cap acity of ACP states to enable them to 
fully participate in the system. 
12. An early harvest on key development aspects is possible. It should be achieved in 
particular in areas of interest to the AC P including Cotton, Duty Free Quota Free and 
the services waiver for LDCs. 
13. The WTO must be inclusive. Accessions, especially those of developing countries 
must be facilitated, not be made unnecessarily cumbersome and lengthy. Acceding 
countries must be admitted to the organizati on on terms that are fair and equitable. 
They must not be required to undertake obligations that go beyond existing WTO disciplines and beyond commitments undertak en by similarly situated Members, 
including original Members. The ACP e xpresses its full solidarity with the ACP 
acceding countries. 
14. ACP countries reaffirm their commitment to  a fair, equitable and transparent rules-
based multilateral trading system that fosters the integration of ACP states in global trade and enhance their economic developm ent. Properly designed and applied, WTO 
rules, mechanisms and institutions have a ke y role to play in economic recovery and 
growth of the global economic system provided that rules are equitable and 
obligations are commensurate with the n eeds and levels of development of its 
membership. 
15. We affirm the ACP Group's commitment to the goal of achieving a strong, workable 
and effective outcome of the Copenhagen climate summit. This outcome as well as 
any future measures taken in this regard, in cluding those that may affect trade, must 
take full account of the development needs of ACP countries based on the principle 
of Common but Differentiated Respons ibility. The ACP Group supports the 
establishment of a mitigation Fund that will address their development concerns. 
16. To reflect our main positions on areas of ne gotiation in the DDA, we have issued an 
ACP Declaration. This declaration forms an integral part of this Communiqué. 
 
Issued in Brussels on 13 November 2009 
 
_______________ WT/MIN(09)/7 
Page 4  
 
  ACP DECLARATION ON THE SEVENTH SESSION OF THE WTO CONFERENCE 
 
 Preamble:  
We, Ministers responsible for tr ade matters from the African, Cari bbean and Pacific (ACP) Group of 
States, meeting in Brussels from 12 - 13 November  2009 to review progress on the WTO Doha Work 
Programme negotiations;  Recalling  the Doha Ministerial Declaration adopted by  the Fourth WTO Ministerial Conference in 
Doha, Qatar in November 2001, in which WTO Me mbers undertook to place the development needs 
and interests of developing countries at the heart of the Work Programme adopted by the Conference;  Acknowledging that  the July 2004 Framework Agreement was an important milestone in the Doha 
process of negotiations after the setback in the Cancun Ministerial Conference; 
 
Recalling all  the ACP Declarations, adopted since 2001, on the previous WTO Ministerial 
Conferences and the respective outcomes of ACP and G90 Trade Ministers meetings as well as the ACP positions on the negotiating issues on the Doha  Work Programme, which outlined the specific 
needs and concerns of ACP countries;  
Reaffirming  in this regard the outcomes of recent mi nisterial meetings which included ACP States, 
including the Addis Ababa Declaration on WTO negotiations adopted on 20 March 2009; the Dar-es-
Salam Declaration adopted by the Sixth LDC Trad e Ministers’ Meeting held in Dar-es—Salam on 
15 October 2009; the Ezulwini Declaration adopted at the Third Meeting of Trade Ministers of Landlocked Developing Countri es (LLDCs) held in Ezulwini, Kingdom of Swaziland on 
21-22 October 2009; and the Cairo Communiqué adopted by the African Trade Ministers in Cairo, on 
29 October 2009;  Emphasizing  that more than fifty percent of ACP States are Least Developed Countries (LDCs) and 
therefore emphasizing the need for this category of c ountries to receive priority attention in order to 
facilitate their full integration into the mu ltilateral trading system and global economy; 
 
Further emphasizing  that within the ACP Group, there are al so categories of Small Island Developing 
States (SIDs), Small Vulnerable Economies (SVE s), Landlocked Developi ng Countries, Landlocked 
LDCs, preference dependent economies, Net Food Importing Developing Countries (NFIDCs), Low 
Income countries, Highly Indebted Poor Countries (HIPC), limited commodity exporting countries, 
and countries in war, post-conflict, and post-natural disaster situations whose vulnerability and lack of 
resilience to external economic shocks and to natural disasters expose them to a high degree of 
fragility and high risk of marginalization in the multilateral trading system;  Stressing that any outcome of the Seventh WTO Ministerial Conference should not entail any 
additional burden on ACP States; 
 
Noting that failure to conclude the Doha Round has r esulted in a proliferation of bilateral trading 
arrangements, including Free trade Areas, which may weaken the multilateral trading system and 
more importantly adversely affect the anticipated  benefits for the ACP from the outcome of the 
Round; 
 
Convinced  that many of the dominant structures and current rules governing global trading relations 
among countries are inequitable and continue to  impede access to the universally available 
opportunities provided through the multilateral tradi ng system and achievement of the Millennium 
Development Goals (MDGs);  WT/MIN(09)/7 
 Page 5 
 
 
   
Reaffirming,  therefore, the importance of a multilateral trading system based on equitable rules as a 
tool for sustained economic growth and sustainable development, as well as alleviating poverty with a 
view to its eradication and the need for Members of the ACP Group to secure a meaningful share of 
world trade; 
 
Recognizing  in this regard that the implementation of the Doha Work Programme presents an 
opportunity to reform the multilateral trading syst em through fair and balanced rules, enhanced 
market access and well targeted and sustainable financial and technical assistance and capacity building programmes that will enhance the legitim acy, credibility and universality of the system, 
thereby creating a basis for a new equitable gl obal economic order for the benefit of all WTO 
Members;  Deeply concerned  with the slow and onerous process of accession to the WTO, affecting ACP 
countries, particularly LDCs and SVEs; 
 
Deeply concerned  also by the lack of progress and inadequa te attention to the development issues 
included in the Doha Work Programme;  Deeply alarmed  by the adverse effects of the global economic  and financial crisis  as well as food and 
fuel crises on ACP countries and the protectionist  tendencies being adopted in many developed 
countries and therefore underscoring the need for the WTO to be fully equipped in order to address 
such challenges;  Welcoming  the strong renewal of political commitment  that emerged from the G20 leaders Summit 
held in Pittsburgh in September 2009  to re-engage in the Doha nego tiations with a view to a speedy 
conclusion of the Doha Round in 2010; 
 Re-emphasizing  in this regard the need for the negotiations  to be carried out in a fully transparent, 
multilateral manner to ensure political ownership of  both process and outcome, and to be guided by 
the chairpersons of negotiating committees based on members’ contributions and multilaterally agreed 
texts to ensure the legitimac y and balance of the outcome; 
 
Insisting  on the need to preserve progress and conver gence achieved during 2008 in all the Doha 
negotiating tracks under the Single Undertaking and as reflected in the most recent draft modalities 
texts which must be the basis for a continuati on of the negotiations, and in cautioning against 
backtracking on the progress and convergences reached so far; and 
 
Reaffirming our full solidarity with the African Gr oup and the LDCs within the G90 grouping, as well 
as with other developing-country groups (G20, G33,  NAMA-11, SVEs, C-4) a nd our determination to 
continue to work together to secure a fair, equ itable and balanced multilateral trading system that 
takes fully into account the development objectives of the Doha Round.  
Hereby adopt the following common position in the context of the forthcoming Seventh Session of the 
WTO Ministerial Conference and thereafter:  
I. KEY PRINCIPLES 
1. We underline that the continued constructive engagement of the ACP Group will be guided 
by the following principles relating to both process and substance: 
(a) the importance of preserving and achieving tangible development results in each of 
the negotiating tracks of the Doha Round and in the overall final outcome, which also WT/MIN(09)/7 
Page 6  
 
  represents an important multilateral res ponse to the ongoing global economic and 
financial crisis, particularly to the ACP countries; 
(b) the importance of preserving and building on progress achieved so far in the DDA 
negotiations, and cautioning against attempts to reinterpret or change the agreed 
mandates or deviate from agreed principles in the negotiations through the selective 
re-sequencing of issues or re-opening of stabilized parts of modalities texts or to 
backtrack on commitments; 
(c) the resumption of negotiations should be on the basis of the July 2008 convergence 
and the December 2008 revised draft modaliti es texts in Agriculture and NAMA and 
should be chair-driven; 
(d) Special and Differential Treatment should rema in central to the negotiations as it is an 
important instrument for integrating the ACP States into the multilateral trading system. These negotiations should be based  on balanced and consensually agreed 
agendas and in this respect , issues pertaining to the ACP Group should be adequately 
addressed and not sidelined or relegated so that they can join the consensus for the 
successful conclusion of the DDA; 
(e) the negotiations should be carried out in a multilateral, inclusive and transparent 
manner based on member’s contributions, unde r the guidance of the Chairpersons to 
ensure the full legitimacy and balance of the outcome; 
(f) a successful conclusion of the Doha Round should have meaningful outcomes in its 
key development components which for the ACP Group include Cotton, 
Implementation issues and Concerns, the speci al situation of LDCs and DFQF market 
access, Small Economies, Commodity issues, Bananas, Preferences in Agriculture 
and NAMA, Fisheries Subsidies, TRIPS-CBD, Technical Assistance, Capacity Building, Transfer of Technology and Trade, Debt and Finance. 
(g) In addition to the provision of Aid for Trad e, firm commitments by our development 
partners on providing adequate financial,  technical and technological assistance and 
capacity building programmes, through the existing delivery mechanisms, especially the Enhanced Integrated Framework and other complementary mechanisms, should 
be core elements of the final outcome including that on Trade Facilitation. Such assistance and programmes should be the key elements of the development dimension 
of the multilateral trading system and should, inter alia, enhance the supply side 
capacity of ACP states to enable them to fully participate in the system. 
II. DEVELOPMENT ISSUES 
Special and Differential Treatment 
2. We reiterate our concern over the lack of  effective progress on development issues under 
negotiations in the Committee on Trade and Developm ent in Special Session. We note with concern 
that discussions on the 16 Agreement Specific propo sals have made little progress and reiterate our 
demand that Members should re-engage in these nego tiations with an accelerated, result-oriented 
approach in line with the Doha mandate. We are al so concerned about the lack of clarity over the 
progress of the other Agreement-Specific proposals moved to other WTO bodies. We therefore urge members to intensify efforts and exercise the neces sary political will to ensure that all SDT provisions 
under review are made effective, precise and ope rational and that the outcome responds to the 
development needs and concerns of ACP countries. We emphasize that the Monitoring Mechanism is  WT/MIN(09)/7 
 Page 7 
 
 
  aimed at ensuring adequate and proper implemen tation of strengthened SDT provisions including 
those under negotiation. Therefore, it should include appropriate elements to achieve this objective. 
Implementation-Related Issues and Concerns 3. We recall that in paragraph 12 of the Doha Mi nisterial Declaration, members agreed to find 
appropriate solutions to implemen tation-related issues and concerns. Positive results have not been 
achieved either under the mandates from Doha Mi nisterial Declaration or from the subsequent 
July 2004 Framework Agreement. Indeed, all the issu es and concerns raised in this context remain 
outstanding. We therefore urge that appropriate  solutions be found and implemented without any 
further delay. 
Least Developed Countries 
4. We reiterate the need to address the issues of c oncern to LDCs on a priority basis and to have 
an “early harvest” on the implementation of the pa ragraph 36 of the Annex F of the Hong Kong WTO 
Ministerial Declaration; a waiver decision on pref erential and more favourable treatment of services 
and services suppliers of LDCs; a nd an ambitious, expeditious and specific outcome for cotton trade-
related aspects, in particular th e elimination of trade-distorting domestic support measures and export 
subsidies, and the granting of duty-free and quota-free (DFQF) market access for cotton and cotton by 
products originating from LDCs. 
Small, Vulnerable Economies 5. Recognizing the work that has gone into ad dressing SVEs concerns in some negotiating 
groups, we urge the WTO membership to continue  to address, in a substantive and meaningful 
manner, the particular structural disadvantages a nd inherent vulnerabilities of small, vulnerable 
economies. 
6. We reaffirm Paragraph 35 of the Doha De claration and paragra ph 41 of the Hong Kong 
Ministerial Declaration and call for due regard to be given to the priorities of SVEs in all areas of the 
negotiations given their specific characteristics a nd problems and the need to ensure their further 
integration into the multilateral trading system. 
Landlocked LDCs, Landloc ked developing countries, Small Is land Developing States (SIDS) and 
Low-lying coastal developing countries 
7. We also reaffirm the need for WTO to address the particular problems, challenges and needs 
of landlocked developing countries, landlocked LD Cs, small island developing states and Low-lying 
coastal developing countries. 
Commodity Issues 
8. We call, in light of the current global economic and financial crisis, for an amendment to the 
Agreement on Agriculture to include a specific arti cle on agricultural commodities that will take as 
reference the paragraphs 91 to 102 of the draft modalities text of December 2008 and the 
establishment of an appropriate corresponding Annex. To this end, the case for a multilateral solution 
to the issue of agricultural commodities and the pr ovision of technical and financial assistance to 
agricultural commodities exporting developing countries becomes even more compelling. 
9. We underline further that commodity exporti ng dependent LDCs and SVEs are largely 
vulnerable to changes and shocks in the interna tional commodity markets. In addition, massive 
commodity subsidies and other protectionist measures including non-tariff barriers (NTBs) applied by WT/MIN(09)/7 
Page 8  
 
  some countries continue to negatively affect  LDCs commodity trading and development 
opportunities. 
Trade, Debt and Finance 10. We recognize that the establishment of th e Working Group on Trade, Debt and Finance 
(WGTDF) is one of the concrete manifestations of focusing on development in the Doha Work 
Programme. To this end, the ACP Group has factor ed into its submission WT/WGTDF/W/30 the need 
to establish a regular Committee on Trade, Debt and Finance with a view to addressing key issues of concerns for ACP countries. In that regard, we: 
 (i) Call upon the Working Group to review re levant WTO Agreements with a view to 
examining their causal relationship with the problems of financial instability, 
exchange rate volatility, financial flows, balance-of-payments, costs of adjustments, 
and external indebtedness. Such a review may result in a need for changes in such 
WTO Agreements in order to effectively a ddress the trade- related causes of external 
account imbalances or balance-of-payments problems experienced by developing and least-developed countries. 
 
(ii) Call upon the Working Group to coordinate with the Bretton Woods Institutions in 
accordance with the coherence mandate. 
 (iii) Reiterate that there is need to address th e supply side constraints and adjustment costs 
that ACP countries face as a result of trade liberalization that affects their terms of 
trade and creating broader macroeconomic pr oblems, as well as meeting of standards. 
However, this agenda should operate fr ee of conditionalities and, should be provided 
strictly in grant form. 
 (iv) Recall the debt situation of several ACP countries and call upon the working group to 
identify appropriate proposals with a view to  resolving the trade-related aspects of 
debt. 
 (v) Call for deep reflection on the internat ional monetary system, as well as on the root 
causes of the global financial crisis, with a view to eradicating the adverse effects on the developing countries, particular ly by adopting concrete measures. 
 
Trade and Transfer of Technology 
11. We reaffirm the continued relevance of the relationship between trade and transfer of 
technology to the development dimension of the Do ha Work Programme. We, therefore, call for more 
focused work in the Working Group on Trade and Tr ansfer of Technology with a view to, inter alia, 
identifying and addressing the barriers to increased flows of technologies and levels of technological 
innovations to ACP States. 
III. AGRICULTURE 
12. Agriculture is of critical importance to the economies of the majority of ACP States. The 
outcome of agriculture negotiations will determine th e level of ambition in other areas. We emphasize 
that the modalities to be agreed upon, should take into account the need for appropriate policy space 
that would allow ACP countries to pursue agricultural policies that are supportive of their 
development goals, poverty reduction strategies , food security and livelihood concerns, while 
ensuring the maintenance of long standing prefer ential access and fostering improved market access 
for the agricultural products of ACP count ries, both in primary and processed forms.  WT/MIN(09)/7 
 Page 9 
 
 
  13. The draft modalities on Agriculture issued on December 6, 2008 reflect the state of play in the 
agriculture negotiations. Although it fails to adequately  address a number of issues that are of key 
interest to ACP Countries, we consider the December  6, 2008 text as the basis for the continuation of 
negotiations. 
14. The overall balance of the Agriculture text must  be assessed in the light of the outcomes on 
currently unresolved issues. We stress that any further efforts to close gaps and refine the text require 
political will and must be the product of a genuine  multilateral, transparent and bottom-up process. 
Market Access 15. We are concerned at the increasing layers of flexibilities being granted to some Developed 
members regarding Sensitive Products, and we stress  that modalities for sensitive products should not 
impede the level of ambition reali zed by the tariff reduction formula. 
16. We reaffirm in addition, that NFIDCs with no  TRQs commitments shall be allowed to deviate 
from the tariff reduction formula for all their sensitive products. 
17. We consider that modalities at paragraph 65 a nd related ones of the revised draft modalities 
text of 6 December 2008 (TN/AG/W/4/Rev4) relating to the formula for tariff reductions and 
designation of Special Products in respect of SVEs  are stabilized and should not be re-opened. 
18. We also recognize the vulnerability of our fra gile economies, and therefore underscore the 
importance of the SSM, and reaffirm that its moda lities should be simple, eff ective and operational in 
addressing import surges and should be based on both vol ume and price triggers. Further, it should be 
a permanent feature of the Agreement on Agricultu re and its remedies to apply beyond the Uruguay 
Round bound level. 
19. We further stress that SSM modalities should be accessible and allow for more favourable 
treatment for SVEs and LDCs. In this regard, we  support the proposal of the SVEs as reflected in 
Document TN/AG/GEN/29 dated 9 February 2009 and urge  that this be given due attention. We also 
support calls by the LDCs for the SSM arrangement for LDCs to be more flexible than for other 
Members and to have no ceiling le vel for LDCs to increase tariffs  above pre-Doha bound rates if 
needed to address those concerns. 
Preferences 20. We reiterate our call that, with a view to main streaming development in the Doha Round, the 
issues of longstanding preferences and preference er osion should be resolved by means of trade based 
solutions over an implementation period of at least ten years, as well as necessary accompanying 
measures to enable the preference dependent countri es to adapt to a liberalized trading environment 
during and beyond the transition period. Furthermor e, we underline the need to preserve the 
convergence reached on preferences in July 2008, to capture the interests and concerns of preference 
receiving countries. 
21. We recognize with appreciation that there are a number of existing trade preferences 
initiatives established to integrate developing count ries and LDCs into the global trading system. 
However, factors such as rules of origin re quirements and implementation procedures, excessive 
application of SPS and NTBs as well as supply-side constraints continue to disrupt effective and 
predictable market access for LDCs. 
22. We, therefore, urge the full implementation of  the principle of Special and Differential 
Treatment for these development oriented preferences  and other initiatives in cluding the provision to WT/MIN(09)/7 
Page 10  
 
  LDCs of financial and technical assistance, technol ogy transfer for capacity building, flexibility in 
implementation of commitments and the implementati on of the commitment to grant Duty Free Quota 
Free market access by WTO developed, and developi ng countries declaring themselves to be in a 
position to do so, to all products originating fro m all LDCs. In addition, other policy measures 
undertaken by WTO members should take into account the development interests of LDCs. 
Domestic Support 
23. We stress that realizing the mandate of achiev ing effective and substan tial reductions in Trade 
Distorting Domestic Support is a priority for ACP countries; therefore, we are concerned with the 
preservation or grant of high levels of flexibiliti es for developed members that will no doubt reduce 
the level of ambition sought un der domestic support modalities. 
Export Competition 
24. We underscore the importance of implementing the agreement reached in Hong Kong as 
reflected in the Ministerial Declaration, namely th e full elimination of all forms of Export Subsidies 
by developed countries by 2013. 
25. We stress, in light of the current global economic  and financial crisis and its effect on Trade 
Finance, that, modalities for Export Competition should take into account the impact of this crisis on 
the ACP countries, especially ACP NFIDCs and LDCs. 
Export Restrictions and Prohibition 26. It is essential to exempt NFIDCs and LDCs fro m any new disciplines to be agreed upon with 
regard to Export Restrictions and Prohibition; th erefore, we urge that the December 6, 2008 
modalities should be further clarified to achieve this objective. We underscore the importance of 
access to food for NFIDCs and LDCs, and we urge members and relevant international organizations 
to coordinate their actions to guarantee access to  food for those countries by increasing their food 
security. 
Bananas 27. We re-affirm that the successful outcome of the Banana dossier in the framework of the Doha 
Round negotiations rests on securing the following three elements: 
(a) Establishment of favourable EC MFN tari ff treatment for the maintenance of ACP 
exports to the European market with full a nd integral legally-secured status before the 
WTO. To this end, the MFN tariff must be frozen after the initial reduction in the absence of an agreement in the Doha Round;  alternatively, a 3-year freeze following 
the initial reduction would be necessary; 
(b) Acceptance of the ACP proposals on desi gnating specific items to benefit from 
preference erosion treatment since, ultimat ely the treatment of bananas of Bananas, 
Tropical Products, and Preference Erosion in a unified package is critically dependent 
on it; 
(c) Delivery of a flexible, expeditious and effi cient adjustment package to adequately 
meet the real needs of the ACP banana- producing countries as regards: 
- Strengthening their competitiveness for sustainable development,  WT/MIN(09)/7 
 Page 11 
 
 
  - restructuring their banana industries, 
- diversifying their agriculture sectors, and, 
- re-adjusting their economies which are de pendent on banana exports as their 
mainstay. 
28. We reiterate our support and solidarity for the banana-producing countries affected by erosion 
of the above-mentioned preferences with a view to  the swift and successful conclusion of the Doha 
Development Round. 
Cotton 29. We support the declarations made by C4 Ministers of Trade on 8th, October 2009 in 
Ouagadougou, Burkina Faso and reiterate our call for an outcome on cotton that is compliant with the 
Hong Kong mandate and that  will take the following into consideration: 
• The application of the form ula for the reduction of the domestic support granted to 
cotton proposed by the C4, and reproduced in the draft modalities text of December 2008; 
• Fixing of specific caps for blue box domestic  support granted to cotton, amounting to 
1/3 of what would otherwise have been th e resultant from the methodology advocated 
in the Chairman’s text; 
• The application of the additional “two fo r one” discipline on the increase in domestic 
support from amber to blue box; 
• The period of reference of 1995-2000 for cotton. 
30. We also urge the developed countries concer ned to table clear written proposals to reduce 
subsidies in conformity with the Hong Kong mandate. 
31. We suggest that a range of amounts for trade-distorting subsidies be adopted as a basis for 
further negotiations and call upon WTO Members to achieve, on an “early harvest basis” an 
ambitious, expeditious and specific outcome for cott on trade aspects to help African cotton producers. 
32. We encourage the WTO Director General to con tinue his consultations on development aid, 
as part of the Consultative Framework Mechanism, pursuant to the Hong Kong mandate, with a view 
to finding an expeditious, appropria te solution to the crisis that is threatening ACP cotton producers 
with extinction if nothing is done for their safeguard . In this regard, we remain committed to seeking 
support in financing the safety net that is to be in troduced at the time of crisis, to address revenue 
losses as a result of declining pri ces in the international markets. 
33. We reiterate the Group’s solidarity with all th e ACP cotton producers and recall that without 
an appropriate and lasting solution to the vital issu e of cotton there can be no conclusion to the Doha 
Round as was underscored in the final conclusion of  the High Level Meeting on Cotton held in 
Geneva in March 2007. 
Sugar 
34. We need to ensure that for Sugar and products  with high sugar content (a) the implementation 
of tariff cuts in equal instalments are spread over ten years following a two-year moratorium period as 
detailed in the July convergence package; (b) shoul d the EC declare sugar as  sensitive, the lowest WT/MIN(09)/7 
Page 12  
 
  TRU expansion be introduced through ten equal annual instalments; (c) the binding of tariffs is made 
in specific (i.e. non Ad valorem equivalents) rates;  (d) the Special Safeguard  Clause be maintained; 
and (e) there are provisions for necessary accompan ying measures to support ACP sugar supplying 
States. 
IV. NON-AGRICULTURAL MARKET ACCESS (NAMA) 
35. We support efforts to advance NAMA negotiati ons on the basis of the draft revised NAMA 
modalities text issued on 6 December 2008 (TN/MA/W/103/Rev.3), and caution against any backtracking in the NAMA negotiations. We fu rther emphasize the need to preserve progress 
achieved during the year 2008. We consider that the modalities at paragraph 13 of 
TN/MA/W/103/Rev.3 relating to the treatment for the SVEs are stabilized and should not be re-
opened. 
36. We reiterate that the final outcome of Non- agricultural Market Access (NAMA) negotiations 
should reflect the developmental c oncerns and interests of the ACP economies and help to promote 
development of their industrial capacity. 
37. We further urge that any agreed modalities in NAMA, and in particular for developing 
members subject to formula cuts, take full account of Para 16 of the Doha Declaration on less than 
full reciprocity in reduction commitments. Furthermor e, we urge that the modalities in NAMA fully 
accommodate the proposal by SACU, as it is base d on genuine developmen tal concerns and the 
situation of this group. 
38. We also urge that the NAMA modalities take ac count of the needs of ACP countries with low 
bound tariffs who are members of customs unions  among developing countries including LDCs and 
the need to realign their bound tariffs. 
39. We recall on Sectorals that the mandate fo r participation is on a non-mandatory basis. 
Furthermore, sectoral initiatives should neither be linke d to the tariff cut formula nor have any impact 
on products that are enjoying tariff preferences. In addition, we are highly concerned that some 
sectoral initiatives, especially textiles clothing and footwear, fish and fish-products, gems and 
jewellery, will have adverse effects on our industr ies and exports and call for such initiatives to 
exclude products of export in terests to ACP countries, particularly those tariff lines identified as being 
vulnerable to preferences. 
40. We reiterate our concern at the impact of preference erosion on our otherwise fragile 
economies and more so that the majority of our me mbership is dependent on trade preferences. We 
urge that any solution arrived at for the ‘Dispr oportionately Affected Countries’ should not in any 
way erode further the preferences particularly for the LDCs. 
41. In relation to capacity building, we maintain th at preference granting members and others in 
position to do so shall provide targeted technical assistance including additional financial and capacity 
building assistance to help preference receiving AC P members in building competitiveness in face of 
MFN tariff reduction. 
42. Non Tariff Barriers (NTBs) remain a serious con cern to the growth of ACP exports to third 
country markets. Information on the application of su ch NTBs by our trading partners remains limited 
across the ACP regions. We urge that regiona l resources be mobilized among ACP constituent 
members supported by technical assistance/capa city building from regional and international 
organizations. We further urge that proposals not gaining support, such as the proposal for Elimination of Export Taxes, be excluded from NAMA negotiations.  WT/MIN(09)/7 
 Page 13 
 
 
  43. We stress the need for ACP States to be able to take or maintain appropriate policy measures 
for the purposes of their industrial development th rough inter alia, export prohibition measures that 
may be deemed necessary; 
V. SCHEDULING IN BOTH AGRICULTURE AND NAMA 
44. We take note of the technical discussions on th e templates of the schedules, but stress that 
modalities are a pre-requisite to the scheduling process,  and that an agreement on the templates of the 
schedules should be based on the current draft modalities text both in Agriculture (TN/AG/W/4/Rev.4) and NAMA (TN/MA/W/103.Rev3). We further stress that these technical discussions should be conducted in a transparent and inclusive manner and should not affect the 
understandings reached in the current draft m odalities and the balances achieved so far. 
45. We emphasize the need for the ACP Group to deve lop its position with regard to the different 
elements of the Template exercise through deeper  technical analysis that takes into account the 
different needs of our countries. We  stress in this regard the need fo r capacity building with respect to 
the scheduling and verification processes, includi ng through the funding of participation of the 
capital-based experts in the scheduling discussions ta king place in Geneva and appropriate training at 
the level of the relevant ministries and departments in ACP States. 
VI. SERVICES 
46. We take note of the state of play of the Services Negotiations as well as the elements 
proposed for their completion as reflected in the Chair’ s text of 28th of July 2008. While we remain 
cognizant that no consensus has been  reached on a new text in Services, we believe that there is a 
considerable level of agreement that the elements for the completion of the negotiations are in place 
and should proceed in accordance with the Doha Declaration, as well as the Hong Kong Declaration, 
including Annex C. We reiterate our rights eman ating from the flexibilities provided for developing 
countries and LDCs in the General Agreement on Trade in Services (G ATS), and in all other related 
negotiating mandates. 
47. We emphasize that the global economic and fina ncial crisis has adversely affected the 
services sectors of ACP countries, and call upon our  trading partners, pa rticularly developed 
countries, to undertake meaningful market access commitments in sectors and Modes of supply that 
are of export interest to ACP countries, particular ly Mode 4, and to maintain the comparability and 
sequencing of Market Access negotia tions which should be linked to th e level of ambition attained in 
Agriculture and NAMA, as well as to the overall bala nce within the Single Undertaking of the DDA. 
48. We stress that ACP States have undertaken ex tensive efforts in liberalizing their services 
sectors. Accordingly, any outcome of the services negotiations should take into account the efforts 
already made by ACP countries in this regard, w ith due account to their level of development and 
human, institutional and regulatory capacities. 
49. We reaffirm that ACP countries should benef it from Special and Differential Treatment and 
appropriate Technical Assistance and Capacity Bu ilding during the negotiati ng process and before the 
beginning of the implementation of commitments. To  this end, we urge that satisfactory LDC's 
modalities as well as S&D proposals be made operationa l as soon as possible or at the latest before 
the end of the negotiations. 
50. We underscore that any text-based negotia tions on Domestic Regulations should be 
development oriented, and effectively address re gulatory and related barriers faced by services 
suppliers from ACP countries. Moreover, they shou ld include appropriate flexibilities & effective 
provisions for institutional building and technical assistance for ACP countries. WT/MIN(09)/7 
Page 14  
 
  51. We underline that the global economic and financia l crisis will have far reaching implications 
on how financial services will be traded in the fu ture. Accordingly, we stress the importance of 
analyzing these implications and reviewing work on this issue in relevant WTO bodies. 
VII. TRADE FACILITATION 
52. We reiterate the importance attached to the i ssue of Trade Facilitation, and remain positively 
engaged to reach a satisfactory outcome for all par ties in the current negotiations with the aim to 
clarify and improve movement, release and clear ance of goods including goods in transit. 
53. We reaffirm the importance of providing deve loping countries with the mandatory Special & 
Differential Treatment (SDT), and Technical Assi stance and Capacity Building (TACB), as outlined 
in Annex D of the July 2004 Framework, and Anne x E of the Hong Kong Ministerial Declaration in 
December 2005 respectively. 
54. We also reaffirm that any final outcome shoul d directly link implementation of commitments 
to the acquisition of capacity through the provision of TACB to Developing Countries. Therefore, such outcome should also contain a clearly defi ned operational mechanism for the delivery of TACB 
and in that context, a clear commitment from the donor community to provide TACB to ACP and 
LDCs countries. Thus, we stress that Developi ng and Least-developed countries should not be 
required to implement any commitments unless th eir requests for TACB have been adequately 
responded to by donors, and afte r they have acquired the necessary capacity to implement such 
commitments. 
55. The special situation and needs of ACP Landl ocked and transit countries with respect to 
transit of goods should also be take n into account. In that regard, subs tantial and predictable financial 
assistance should be provided to assist the developm ent of necessary infrastructure in ACP countries, 
particularly in LDCs, as a crucial element in facilitating trade. 
56. We emphasize that the ACP Group attaches great importance to footnote 1 of Annex D of the 
July 2004 Framework Agreement. This provides the flexibility regarding the possible format of the 
final result of the TF negotiations, thus allowing for consideration of various forms of outcome. 
57. We continue to reiterate in this regard th at any agreement on Trade Facilitation should 
contain mandatory provisions on TACB and be in parallel with the completion of negotiations on 
other issues of particular concern to the ACP Gr oup such as development issues, cotton, DFQF for 
LDCs and the understanding that the agreement on Tr ade Facilitation will be completed as part of the 
Doha Round Single Undertaking. 
VIII.  RULES 
58. We urge developed countries to recognize the concerns and needs of our countries in the rules 
negotiations and, in particular, the vital importan ce of special and differential treatment. Adequate 
attention must be given to the proposals made by  our countries so as to ensure that the resulting 
Agreements have a de velopment dimension. 
59. We reiterate the need to avoid the introduc tion of more complex rules and disciplines under 
the Anti-Dumping Agreement and the Agreement on Subsidies and Countervailing Measures. The 
complexity of the existing Agreements and the cost s associated for ACP States to the use of the anti-
dumping and countervailing instruments already limit our  ability to exercise the right of our countries 
to effectively challenge injurious dumping or subsidization. We are,  therefore, concerned that the 
amendments proposed in the consolidated draft texts on Rules in December 2008 will make it even 
more complicated for our countries to apply the relevant measures where a domestic industry is  WT/MIN(09)/7 
 Page 15 
 
 
  suffering from injury as a consequence of dumped or s ubsidized imports. We reaffirm in this respect 
that the outcome of the Rules Negotiations must be implementable by all countries, regardless of their 
level of development. 
60. We stress that adequate technical assistance s hould be provided to enable ACP countries to 
effectively enforce their rights under the Anti- Dumping Agreement in line with recent joint 
African/ACP/LDCs proposal on Anti-Dumping. 
61. Recognizing that ACP member countries are currently engaged in negotiations on a raft of 
Regional Trade Agreements, in particular, the AC P EC Economic Partnershi p Agreements (EPAs), 
we emphasize that the outcomes of these negotiations must be reflective of, and consistent with, the 
developmental objectives of ACP members. We, therefore, call on WTO Members to reactivate 
negotiations, as prescribed by the Doha mandate , to “clarify and improve” disciplines of GATT 
Article XXIV of GAIT 1994 in order to allow for enhanced Special and Differential Treatment and 
flexibilities for Developing and Least Developed Count ries that take into account their specific needs 
and levels of development. We take note that some WTO members want to develop a mechanism to 
review Preferential Trade Arrangements. We urge th at such a mechanism should not adversely affect 
the flexibilities available to ACP States and should not constrain the ability of developed countries to 
provide preferential access to their markets or the ability of ACP states to have access to those 
markets. 
Fisheries subsidies 62. We re-emphasize that effective disciplines for fisheries management systems, if appropriate 
in any WTO Agreement, should not impose any un due burdens on the ACP States and should only 
constitute the basic and minimum elements of a good fisheries management system. They should 
reflect the realities of the ACP Group, especially  their capacity constraints. Finally, the WTO 
framework should provide for strengthened provision s on technical assistance for the implementation 
of effective fisheries management systems. 
63. We stress the need for effective special and di fferential treatment for ACP States at the WTO, 
with appropriate exemptions for the artisanal fisherie s sector, which is at the core of our development 
priorities for poverty reduction, the maintenance of sustainable livelihoods and food security. We 
further stress that effective special and differentia l treatment flexibilities and policy space should also 
be provided for semi-industrial and indust rial fisheries, and processing facilities. 
IX. TRADE AND ENVIRONMENT 
64. Noting that WTO Members have not yet agreed on a common definition to the environmental 
goods and services (EGS), we stress that negotiations  should continue within the Committee on Trade 
and Environment in Special Session (CTE-SS) with a view to reaching a balan ced and fair agreement 
on the fulfilment of the mandate, in particular on the appropriate approach to liberalize trade in 
environmental goods and services (EGS). 
65. We call for greater attention to be paid in  these negotiations to the development related 
aspects and cross-cutting Special and Differential Treatment issues, such as technical assistance, 
capacity-building and transfer of technology and th e need to avoid creating any additional burden for 
ACP States in the liberalization of EGS and undermining their competitive advantage. 
66. We stress the need for developed countries to make ambitious, conc rete and unconditional 
offers at the Copenhagen Climate Conference to reduce green house gas emissions and provide on an 
urgent basis appropriate mitigation and adapta tion assistance to developing countries, which are 
already suffering from the effects of climate cha nge. This assistance should be channelled through WT/MIN(09)/7 
Page 16  
 
  appropriate mechanisms such as the proposed Global Fund for Adaptation and should be dedicated to 
addressing the impact of climate change a nd be additional to existing commitments. 
X. TRIPS/CONVENTION ON BIOLOGICAL DIVERSITY (CBD) AND 
GEOGRAPHICAL INDICATIONS(GIS 
67. We recognize the value of patents in fighting bi o-piracy and urge that, in order to establish a 
mutually supportive relationship between the TR IPS Agreement and the Convention on Biological 
Diversity in implementing the obligations under the two agreements, the outcome of the negotiations 
in TRIPS Council should lead, through an ame ndment to the TRIPS Agreement, to mandatory 
requirement for patent applicants to disclose th e origin of biological material and traditional 
knowledge used in their inventions, evidence of  prior informed consent and benefit sharing 
arrangements with the country of origin and the re levant communities. Particular emphasis should be 
put on the enforceability mechanism at the WTO, making the WTO one of  the fora for rule-making in 
this area; with appropriate capacity building being provided to help ACP States with limited resources 
in this respect. 
68. We also recognize that Geographical Indications (GIs) have both offensive (products that we 
can protect in external markets) and defensive (fore ign products that we will need to protect in our 
own markets) interests for ACP States. We, therefor e, call for a deeper analysis of potential GIs in 
ACP States without prejudice to the ACP position on the matter. 
Non-violation and situatio n complaints under TRIPS 
69. We continue to stress that non-violation and situation complaints should not apply to the 
TRIPS Agreement. Until this is agreed, we request an extension of the moratorium whereby members 
will not initiate such complaints under the TRIPS Agreement. 
XI. DISPUTE SETTLEMENT 
70. Considering the difficulties that ACP count ries face in using the dispute settlement 
mechanism in order to promote and safeguard their interests as well as their legitimate expectations in 
the multilateral trading system, we urge that the outcome of the DSU negotiations should lead to a 
conclusion that would facilitate the full particip ation of ACP countries in the dispute settlement 
system. 
71. We support in this respect the proposals made by the African Group on: enhanced third party 
rights (no need to demonstrate a trade or econom ic interest in a dispute as a precondition for 
admission as a third party); restriction of accep tance of unsolicited submissions to panel and 
Appellate Body (to safeguard the intergovernmental  nature of the dispute settlement mechanism by 
refusing submissions to Panel and Appellate Body from any unsolicite d party); collective enforcement 
of recommendations and rulings of the DSB (to allow a third member to retaliate against a developed 
country which fails to comply with the DSB rulin gs) and dispute settlement fund (to facilitate the 
effective use by developing countries and LD Cs of the dispute settlement mechanism). 
XII. AID FOR TRADE 
72. We emphasize the need to ensure that the r ecommendations of the Aid for Trade Task Force, 
and those resulting from the proceedings of the national, regional and the WTO global Reviews 
meetings are implemented effectivel y, consistently and coherently. 
73. We call on all the bilateral and institutional deve lopment partners, especially in light of the 
economic and financial crisis, to fulfil their pledg es under the Aid for Trade initiative, and to engage  WT/MIN(09)/7 
 Page 17 
 
 
  fully in country-led approaches for assisting AC P countries, LDCs, LLDCs, small vulnerable ACP 
countries and low-income ACP countries, including acced ing countries, in maximizing the benefits of 
trade. We call on donors to ensure that financ ial commitments directed to Aid for Trade are 
maintained and increased. 
74. We strongly recommend that the regional dimension of projects and programmes initiated in 
ACP regions, in line with its developmental prioriti es, be taken into account, and that an appropriate 
and effective monitoring and evaluation mechanism be established. 
75. We stress that as preference-dependent economi es, the ACP attaches great importance to the 
delivery of Aid for Trade on a wider scope consiste nt with the provisions of the draft NAMA and 
Agriculture modalities. We view Aid for Trade as a source for the provision of adequate additional 
resources on a predictable and sustainable basis to  finance adjustment costs arising from trade 
liberalisation and to enhance the competitiveness of  our products. The ACP Group fully supports the 
role of the WTO in monitoring both Aid for Trade flows and its impact. 
XIII.  ENHANCED INTEGRATED FRAMEWORK 
76. We call for a reinforcement of the Enhanced Integrated Framework (ElF) for the effective 
fulfilment of its objectives , inter alia , adequate additional predictable financial resources to 
implement ElF Action Matrices, and strengthening in-country capacities to manage, implement and 
monitor the ElF process. 
XIV.  ACCESSION 
77. We reaffirm our full solidarity with all ACP count ries, particularly LDCs that are in the WTO 
accession process, and urge all WTO members to f acilitate and accelerate their accession. Acceding 
ACP states should not be required to make con cessions that would constrain their level of 
development and go beyond current WTO rules. We therefore call upon the General Council to 
expedite action to review the current accession proce ss with the aims of clarifying relevant provisions 
for accession and recommending reforms to the whole process. 
78. In addition, accession should focus primarily on the trade policies and practices of acceding 
countries, rather than other extraneous considerations . We also reaffirm the need for the adoption of a 
binding mechanism to fast-track the accession of LD Cs, to avoid raising non-trade concerns, and to 
faithfully facilitate and accelerate the negotiations for those LDCs that ar e in the process of accession 
to the WTO. 
79. We also call on our development partners to in tensify the provision of technical assistance 
and support for capacity building at all stages of  the accession process to acceding ACP countries. 
80. We fully support the Document WT/GC/W/611 prese nted by Gabon on behalf of the Informal 
Group of developing countries during the last meeting of the General Council held on 
20 October 2009 that contained specific recomme ndations for improving and facilitating a more 
expeditious and fair accession process of de veloping countries, especially the LDCs. 
XV. THE SEVENTH SESSION OF THE WTO MINISTERIAL CONFERENCE 
81. We underline the importance of the 7th session of the WTO Ministerial Conference which, 
despite not being a negotiating session, will provide a platform for Members to express their views and concerns relating to the regular work of the WTO, and its contribution to enhancing the 
multilateral trading system in the current global eco nomic environment. In this regard, we welcome 
the initiative led by several members seeking to establish a deliberative process to review the WT/MIN(09)/7 
Page 18  
 
  activities of the WTO in order to improve its tran sparency, efficiency and functioning. We look 
forward, therefore, to effectively and construc tively participating in the deliberations of the 
conference, including in the proposed two working sessions. 
82. We urge the Chairperson of the Seventh session of the WTO Ministerial Conference to give 
due consideration to the present Declaration in his summary of the deliberations. 
Done in Brussels, 13 November 2009 
__________