WORLD TRADE  
ORGANIZATION  WT/MIN(05)/7 
13 December 2005 
 (05-5933) 
MINISTERIAL CONFERENCE 
Sixth Session Hong Kong, 13 - 18 December 2005 Original: English 
 
 
ACP DECLARATION  
ON THE SIXTH WTO MINISTERIAL CONFERENCE 
 
Brussels, 29 November 2005
 
 
  The following communication, dated 9 De cember 2005, has been received from the 
delegation of Mauritius with the request that it be circulated as a document of the Sixth Session of the Ministerial Conference. 
 
_______________ 
 
 
ACP DECLARATION  
ON THE SIXTH WTO MINISTERIAL CONFERENCE 
 
Preamble: 
We, Ministers responsible for tr ade matters from the African, Cari bbean and Pacific (ACP) Group of 
States, meeting in Brussels, on 29 November 2005 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 hear t of the Work Programme adopted by the Doha 
Ministerial Conference; 
Recalling  the ACP Declaration on the Fifth Ministerial Conference of the WTO (WT/MIN(03)/4) and 
the G-90 common negotiating position in Cancun as outlin ed in the consolidated African Union (AU), 
African, Caribbean and Pacific Group of States (ACP) and Least Developed Countries (LDC) 
Position on Agriculture; (WT/MIN(03)/W/17)03), Non-Agricultural Market Access 
(WT/MIN(03)/W/18), on Development Issues (WT/MIN(03)/W/20), and on the Singapore issues (WT/MIN(03)/W/19);  
Further recalling the ACP  and  G90 Trade Ministers m eetings held on 11 and 13 July 2004, 
respectively in Mauritius and their respective outcom es including the ACP Ministerial Declaration on 
the WTO Doha Work Programme and the Elemen ts of a G90 Platform on the Doha Work 
Programme; 
Acknowledging that  the July 2004 Package adopted by the WTO General Council of 27-29 July 2004 
was an important milestone in the progress of the Doha process of negotiations after the Cancun setback;   
Reaffirming  the outcomes of recent meetings, including th e Livingstone Declaration of the Fourth 
LDC Trade Ministers’ Meeting, adopted in Livingstone, Zambia, on 26 June 2005; the Cairo 
Declaration on the Doha Work Programme and Road  Map on the Doha Work Programme, adopted by WT/MIN(05)/7 
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 the African Union Trade Ministers in Cairo, Egypt, on 9 June 2004; the Declaration of the African 
Union 2
nd Extraordinary Session of the Conference of Mini sters of Trade, held in Arusha from 21 to 
24 November 2005; 
Welcoming  the recent initiative taken by the G8 Summ it meeting in Gleneagles (Scotland) from 6-8 
July 2005 to cancel the multilateral debt of some  ACP Member States and calling the G8 Ministers 
and multilateral donors to extend that initiative to all ACP member states; 
Appreciating  the recent positive initiatives to inject a new momentum in the Doha process of 
negotiations with a view to facilitating a succe ssful and balanced outcome of the Sixth WTO 
Ministerial Conference; 
Emphasising the need for the negotiations to be incl usive and transparent to ensure political 
ownership of the process and the outcome of negotiations,  
Concerned about the lack of progress in finding a pe rmanent solution through amendment of the 
TRIPS Agreement to enable countries with no or insufficient manufacturing capacity to access pharmaceutical products at affordable prices; 
Deeply concerned  also about the lack of progress and inade quate response to the development issues 
included in the Doha Work Programme;  
Reaffirming the importance of a multilateral trade system  based on equitable rules as a tool for 
sustained economic growth and sustainable developmen t, as well as alleviating poverty with a view to 
its eradication and the need for Members of th e ACP Group, particularly those that are least 
developed, small, vulnerable, and countries in war and post-conflict situations, to secure a meaningful 
share of world trade;   
Convinced  that the dominant structures governing global trading relations between countries are 
inequitable and continue to impede access to th e universally available opportunities provided through 
the multilateral trading system and achievement of the Millennium Development Goals; 
Bearing in mind  the outcome of the 2005 Millennium plus Fi ve review Summit of the United Nations 
held in New York from 14-16 September 2005 and seeking additional, adequate and timely support 
from all our development partners and International Financing Institu tions in meeting the Millennium 
Development Goals (MDGs) and other programmes aiming at significantly reducing poverty ; 
Recognising  that the implementation of the Doha Work Programme presents an opportunity to reform 
the multilateral trading system through balanced rul es, enhanced market acces s and well targeted and 
sustainably financed technical assistance and ca pacity building programmes that will enhance the 
legitimacy, credibility and universal nature of the sy stem and create a basis for a new equitable global 
economic order for the benefit of all WTO Members; 
Further recognising that more than fifty percent of ACP States are Least Developed Countries 
(LDCs) and therefore emphasizing the need for this category of countries to receive priority attention 
in order to facilitate their full integra tion into the multilateral trading system; 
Emphasizing  that the ACP States have vulnerable economies, since they are in the categories of . 
Small Island Developing States, landlocked developing countries , Net Food Importing Developing 
Countries (NFIDCs), Highly Indebted Poor Countries (HIPC), limited commodity exporting countries, and countries in war, post-conflict, and po st-natural disaster situations. Their vulnerability 
and lack of resilience to external shocks expose them to a high risk of marginalization from the 
multilateral trading system;  WT/MIN(05)/7 
 Page 3 
 
 
 Deeply concerned  with the slow and onerous process of the WTO accession;  
Hereby adopt the following common position for the forthcoming Sixth WTO Ministerial Conference 
negotiations under the WTO Doha Work Programme: WT/MIN(05)/7 
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 I - DEVELOPMENT ISSUES
 
 
1. Recalling that the Fourth WTO Ministerial Declaration places development at the heart of the 
Doha Work Programme and given the critical impor tance of development to the ACP States, we 
reiterate our concern over the lack of effectiv e progress on development issues under negotiations. 
For the ACP Group, a successful Hong Kong Ministerial  Conference  should have development 
outcomes. To this effect, substantial progress has to be achieved in the key development 
components of the Doha Process of negotiations including, inter alia : Special and Differential 
Treatment, Implementation issues and Concerns, th e special situation of LDCs, Small Economies, 
Commodity Issues, Technical Assi stance, Capacity Building, Tran sfer of Technology and Trade, 
Debt and Finance. 
 2. We, declare that the success of the Doha Round will  be measured by its development outcomes.  
For the ACP, the priority areas are: 
 
(i-) Market access for products of export interest to ACP countries; 
 (ii-) Obligations to be undertaken by ACP count ries should be proportional and commensurate 
with their level of development, and 
(iii-) Increased financial assistance for countries th at will experience adjustment costs and 
technical assistance for trade capacity build ing and for improving ACP's competitiveness. 
3. We are concerned at the failure to deliver any tangible results on development issues, despite the 
characterization of the work programme launched at Doha as a “development round” 
4. For the ACP Group, a development outcome in each  of the negotiating areas remains the raison 
d’être of the Round. This means that tangible de velopment results must be evident within each 
negotiating area and in the overall outcome.  
 
5. We are concerned about the inadequacy of recent proposals by some key developed countries and 
subsequent lack of flexibility to substantially reduce or eliminate agriculture protectionism and 
subsidies as well as their failure to incorporate flexibilities for ACP countries which we consider 
as central to the development objectives of th e Doha Round and the key to progress in Hong 
Kong.   
 6. We urge that the scaling down should not lead to  the reduction of the overall level of ambition of 
the development objectives of the Round, and furthe r delays to the successful completion of the 
negotiations.  
 7. We are committed to meaningful negotiations, wh ich will ensure that the sixth Ministerial 
Conference in Hong Kong, delivers a balanced and fair outcome and makes progress towards 
achieving full modalities and maintaining the level of ambition agreed at Doha.  
8. We reaffirm the three benchmarks to assess th e development dimension in the negotiations and 
their outcomes provided in the Doha Ministerial Declaration. These are: 
(i-) balanced rules that provide developi ng countries the policy space to pursue 
development policies most suited to thei r levels of development and needs; 
(ii-) enhanced marked access of interest to the developing countries; and  
(iii-) capacity building programmes and technical assistance for strengthening supply-side 
capacity of ACP countries.   WT/MIN(05)/7 
 Page 5 
 
 
 Special and Differential Treatment 
9. We continue to reiterate that Special and Differe ntial Treatment is a core principle in the WTO 
and an important instrument for integrating the ACP States into the multilateral trading system.  
In paragraph 44 of the Doha Work Programme, Members agreed to strengthen the Special and Differential Treatment provisions and make them more precise, e ffective and operational. We are 
seriously concerned that after three years of  negotiations, there is no real progress on this 
mandate. There has been many missed deadlines and total lack of concrete results.  
10. We note that following the July Package Decisi on of 2004, Members States were unable to 
expeditiously complete the review of all outst anding Agreement-Specific proposals and report to 
the General Council with clear recommendations for decision in July 2005. We, therefore, urge 
the 6
th WTO Ministerial Conference to adopt the LDCs-specific proposals on special and 
differential treatment in a way that ensures that their contents are indeed commercially 
meaningful, legally secure, precise and operational. 
11. We reiterate the urgent need to provide deve loping countries with appropriate policy flexibility 
and space, market access, balanced rules and increased, targeted and sustainable technical 
assistance. 
12. We therefore urge that the remaining Agreemen t specific proposals as contained in TN/CTD/7 
should be addressed prior to July 2006. 
13. Furthermore, we call for the elaboration and c onclusion of a developmen t framework agreement 
in order to give full effect to the mandate and incorporating the development dimension into the 
architecture of the WTO and the multilateral trading system.  
Implementation-Related Issues and Concerns 
14.  We recall that in paragraph 12 of the Doha Ministerial Declaration, members agreed to find 
appropriate solutions to implem entation-related issues and concer ns. Positive results have not 
been achieved neither under the mandates from Doha Ministerial Declaration nor from the 
subsequent July 2004. Indeed, all the issues a nd concerns raised in this context remain 
outstanding. We therefore urge that appropriate solutions be found and implemented without any 
further delay, prior to July 2006. 
15. Considering that this mandate is one of the cruc ial elements of the developmental components of 
the Doha Work Programme, we demand the settl ement of outstanding Implementation-related 
issues and concerns, as a precondition for taking on new commitments.  
Least Developed Countries 
16. We endorse the outcome of the Fourth LDC Trade Ministers’ meeting held in Livingstone 
(Zambia) from 25-26 June 2005 and reiter ate the following in favor of LDCs: 
(i-)  Binding commitments by developed countri es and developing countries in a position to 
do so on duty-free and quota-free market acce ss to all products from all LDCs to be 
granted and implemented immediately, on a secure, long term and predictable basis, 
with no restrictive measures introduced; 
(ii-) Complete exemption for LDCs from any reduction commitments; 
(iii-) A moratorium by developed countries on contingency measures that include anti-
dumping actions against  LDCs exports; WT/MIN(05)/7 
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 (iv-) Enhanced support towards improving the e xport competitiveness of LDCs including 
capacity to meet SPS and other standards; 
(v-) Demand driven trade-related technical assistance in all areas of the Doha Work 
Programme negotiations with appropriate  provisions for implementation and 
adjustment support; 
(vi-) The need for all development partners to effect full debt cancellation for all LDCs, 
including in the measures of implementati on, in order to address their trade and 
development concerns.  
Small Economies 
17. We reaffirm the urgent need for the WTO me mbership to address, in a substantive and 
meaningful manner, the particular structural di sadvantages and inherent vulnerabilities of small, 
vulnerable economies. We also reaffirm the need for the WTO to address the particular problems, challenges and needs of landlocked developing countries and SIDS. 
18. In view of their specific characteristics and vulne rabilities, they also lack resilience to external 
factors.  Adequate provisions should be made to  facilitate their integration into the multilateral 
trading system and to avoid further loss of th eir market share in global trade and their 
marginalisation within the world economy.   
19. In this regard, Members should adopt result-orie nted trade related measures in accordance with 
the Doha Ministerial Declaration and the July 2004 Package. These measures should be based on 
the proposals from the small economies submitted to the various negotia ting groups and other 
bodies with a view to supporting the agricultura l, industrial and overa ll economic development 
and growth of small vulnerable economies in a sustainable manner. For NAMA, the proposal 
from small economies is that developing countries,  not covered by Paragr aphs 6 and 9 of Annex 
B, as well as countries participating in the total of the world trading goods, not exceeding 10% for 
the period 1995-2004, be allowed to apply ta riff reductions that don't exceed 15% with a 
minimum of 10% over the tariffs lines, with no more than half of the cuts at the lowest level. 
Meaningful consideration shall be given to the proposals by small economies submitted to the 
NAMA and Agriculture negotiating bodies and ot her bodies with a view to addressing the 
countries specific circumstances in these negotiations. 
Landlocked developing countries and SIDS 
20. We also reaffirm the need for WTO to address th e particular problems, challenges and needs of 
landlocked developing countries and sm all island developing countries (SIDS). 
Commodity Issues 
21. We urge WTO Members to address the crisis of  instability and secular decline in commodity 
prices with the aim of attaining stable, equitable and remunerative prices for these products in accordance with the proposal ta bled in the Committee on Trade and Development under reference 
WT/COMTD/W/113, WT/COMTD/W/130 and JOB(05)/113.  
22. We endorse the recommendations contained in the Arusha Declaration and Plan of Action on 
Commodities adopted by African Union Trade Ministers in the United Republic of Tanzania on 24
th November 2005.   
   WT/MIN(05)/7 
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 Trade, Debt and Finance 
23. We recognize that the establishment of th e Working Group on Trade, Debt and Finance 
(WGTDF) as one of the concrete manifestations  of focusing on development in the Doha Work 
Programme. To this end, the ACP Group has factored in its submission WT/WGTDF/W/30 the need to establish a regular Committee on Trade, De bt 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 releva nt WTO Agreements with a view to 
examining their causal relationship with the problems of financial instability, exchange rate volatility, financial flows, balance-of-pay ments, costs of adjustments, and external 
indebtedness. Such a review may result in a need for changes in such WTO 
Agreements, in order to effectively address the trade-related causes of external account 
imbalances or balance-of-payments probl ems experienced by developing and least-
developed countries.   
(ii-) Call upon the Working Group to coordinate with the Breton Woods Institutions in 
accordance with the coherence mandate.  
(iii-) Reiterate that there is need to addressing the supply side constraints and  adjustment 
costs that ACP countries face as a result of trad e 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 
resolve the trade-related aspects of debt. 
Trade and Transfer of Technology 
24. We call for more focused work in the Working Group on Trade and Transfer of Technology with 
a view to finding sustainable solutions that  encourage and result in increased flows of 
technologies. In that sense, we recognize that  some proposals from developing countries have 
been submitted and shall be the basis for furt her discussions in 2006, without prejudging  the 
submission in the near future of other proposals. 
 
Technical cooperation 
25. We reaffirm technical assistance and capacity building as core elements of the development 
dimension of the multilateral trading system. We call on our development partners to adequately 
finance technical assistance pr ogrammes through the existing deliv ery mechanisms especially the 
Integrated Framework, the JITAP and other co mplementary mechanisms. However, we recognize 
that developing countries and LDCs need not only technical assistance, but also financial and 
technological support to enhance their supply side capac ity so as to be able to fully participate in 
the multilateral trading system. 
II - AGRICULTURE
 
26. Agriculture is of critical importance to the economies of the majority of ACP States and holds the 
potential to lift millions of people out of poverty.  Therefore, 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 a nd livelihood concerns, while ensuring the WT/MIN(05)/7 
Page 8  
 
 maintenance of preferential access and fosterin g improved market access for the agricultural 
products of ACP countries, both in primary and processed forms.  
27. The ACP Group is willing to contribute to the refo rm process in a manner that takes into account 
its financial constraints and its development policy objectives. This contribution is subject to the 
full and satisfactory operationalisation of the Doha  mandate on Special and Differential Treatment 
(SDT) for ACP countries with respect to the thr ee pillars of the negotiations, including through 
provisions on long-standing preferences; Special Products (SP) and Special Safeguard Mechanism 
(SSM); addressing the concerns of NFIDCs and LDCs as reflected in the Marrakech Decision and flexibilities in the formula for tariff reductions. 
28. Food and livelihood security are of critical impor tance for the ACP countries. These issues 
require a holistic approach encompassing domestic  food production, food procurement capacity, 
food aid, export credits in respect of the S&D for NFIDCs and LDCs, STEs, SP and SSM. The 
various rules and disciplines have to be harmonized accordingly.  
29.  The issue of erosion of preference margins c onstitutes a vital concern for the ACP. We will not 
be a party to a decision on agriculture that does not effectively and meaningfully address the 
erosion of preferences and the impact of refo rm on the preference-receiving countries. Failing to 
address preference erosion would impose a disproportionate share of the costs of reform on most ACP Members including the poorest and more vulnerable. 
30. We stress the importance of a transparent and in clusive negotiating process.   Only a bottom-up 
approach with the effective participation of all negotiating groupings and Members will be 
conducive to a legitimate outcome that can be  endorsed by all WTO members and a successful 
Ministerial Conference. We will not accept a “ fait accompli ” in the negotiations.  Furthermore 
we will only agree to a document in Hong Kong wh ich is fully balanced with equal level of 
specificity across all pillars  
31. We strongly emphasize that a fair and realistic middle ground acceptable to the whole 
Membership, can be obtained, only when all propos als on the table are considered and not those 
of a selected few. This approach shall be pr emised on   meaningful S&D and the necessary 
coexistence of different modes of agricultural production worldwide, taking into account the 
already agreed liberalisation of specific products exported from ACP countries. 
Export competition  
32. We affirm that the implementation of parallelism in respect of the elimination of all forms of 
export competition by 2010  shall be without prej udice to the interests of NFIDCs and LDCs in 
respect of export credits and to the interests of  the ACP in respect of Food Aid, State Trading 
Enterprises (STEs) both from the expor ting and importing perspectives. 
33. We note with concern that the Marrakech Deci sion on NFIDCs and LDCs have not been 
implemented. Accordingly, we urge WTO memb ers to expeditiously implement the Marrakech 
Decision on NFIDCs and LDCs and call for a clea r reflection of the special and differential 
treatment component of any disciplines to be developed on export credits in accordance with 
paragraph 4 of this Decision.  
34. We stress the need for members to fully take into  account the interests of food aid recipients in 
developing disciplines on this issue. We consider  that food aid should be  both in cash and kind. 
35. We call for the strengthening of the disciplines of  Article 12.1 of the Agreement on Agriculture 
on Export prohibition and Export restrictions   WT/MIN(05)/7 
 Page 9 
 
 
 36. We underscore the importance for developing coun tries to continue benefiting from the special 
and differential treatment of Article 9.4 of the Agreement on Agriculture.  
37. Taking into account the critical role played by importing STEs in sustaining livelihoods, food 
security and poverty reduction and the economies of scale secured by exporting STEs in ACP countries, we stress that ACP countries’ STEs sha ll be excluded from the application of any new 
disciplines on STEs. 
Domestic Support   
38. We consider that ACP countries shall be allowed to maintain policy space for the development of 
the farming communities, based on targets of  poverty reduction, food and livelihood security, 
rural development, and other development policy objectives.    
39. The policy space should enable ACP countries to have adequate and timely resources to fulfil 
their essential developmental objectives. We decl are that policy space can be achieved through 
the S&D provisions under the domestic support p illar, Annex 2, Article 6.2, of the WTO 
Agreement on Agriculture, de minimis and measure s for maintenance and improvement of export 
earnings of the ACP States. 
40. We affirm that Members shall engage in the  review and clarification of the green box criteria in a 
manner that will ensure that the green-box measures  have no or at most minimal trade-distorting 
effects or effects on production while at the same ti me ensuring that there is adequate policy space 
for Developing Countries. 
41. We reiterate that ACP countries shall be exempt ed from reduction commitments in respect of de 
minimis  
42. We declare that there is need to enhance transparency by improving the disciplines on 
notifications. In this regard, the notificati on requirements for developing countries should be 
simplified. 
Market Access 
43. Having made their contribution on market access in document JOB (05)/257.Rev1, we strongly 
believe that these proposals provide the basis for a fair and equitable outcome of the negotiations. 
We expect the ACP position shall be fully take n into account in focused discussions on market 
access.  
44. We reaffirm the need for improved market acce ss for all agricultural products originating from 
ACP States, both in primary, semi-finished and fini shed form.  To this end we call on the concrete 
operationalisation of SDT under the tiered approach as follows: 
  
i) The level of ambition in the tariff cuts sha ll address the concerns of ACP countries, both 
from domestic and preferential access perspectiv es. In this regard, we are willing to work 
on the basis of the benchmarks proposed in JOB(05)/257/Rev.1;   
 
ii) A linear cut with flexibility shall be applied  in each tier to allow certain tariff lines within 
the bands to be  subject to lesser cuts;   
 iii) There shall be no tariff capping; this concept is prejudicial to the development concerns 
of the ACP; 
 WT/MIN(05)/7 
Page 10  
 
 iv) Proportionality shall be achieved by guarant eeing that the overall outcome of tariff 
reduction commitments by developing countri es is  lower than that required from 
developed countries; 
 
v) Consideration shall be given in the negotiati ons to the specific situation of developing 
country Members with either high ce ilings or homogeneous low bindings;   
45. We urge that Paragraph 16 of TN/AG/W/Rev.1 be used as a reference for further consideration of 
the issues of preference erosion as established in paragraph 44 of the Framework Agreement.  In this regard, products exported from the ACP St ates that have already been the subject of 
liberalisation shall not again be open for accelerated  tariff cuts in these negotiations. In respect of 
products relating to longstanding preferences, there shall be, inter alia,  lower cuts in tariff 
reductions and longer implementa tion periods for such reductions. 
46. Furthermore, we affirm that products receivi ng preferential market access under long-standing 
preferences shall be designated as sensitive prod ucts by preference-providing countries. The 
treatment of such products shall be moderated in  light of its impact on preference erosion and 
development objectives.  Furthermore any TRQs ex pansion on an MFN basis shall not be at the 
detriment of existing ACP quotas. 
47. We emphasize that the provisions of para 35 of the Framework Agreement shall be fully 
implemented so as to ensure  that there are ope rationally effective improvements in tariff quota 
administration for existing tariff quotas so as to enable Members, and particularly developing country Members, to fully benefit from the ma rket access opportunities under tariff rate quotas. 
48. We reiterate that tariff escalation must be addr essed fully in accordance with paragraph 36 of the 
Framework Agreement without prejudice to the products benefiting from preferential 
arrangements. 
49. We call for meaningful modalities on Special Products (SPs) and the Special Safeguard 
Mechanism (SSM) are required. The SP and the SSM constitute unique instruments that would 
respond to the concerns of developing countries and least developed countries on matters related 
to food security, livelihood security and rural deve lopment. Furthermore, modalities with respect 
to the designation of special products and treatme nt must be devised in a way that provides 
maximum flexibility to ACP countries. In this re gard, we declare that SP for ACP countries shall 
neither be subject to tariff reductions nor to any new tariff rate quota commitment. Regarding 
SSM, we further declare that ACP countries shall have recourse to import price-triggered and 
import volume-triggered special safeguard mechan ism, applicable to any agricultural product 
listed in Annex 1 of the Agreement on Agriculture. 
50. We declare that the provisions of para 43 of the Framework Agreement on tropical products and 
products relating to the diversification from illic it narcotic crops, shall be without prejudice 
whatsoever to the provisions of pa ra 44 on Long-standing preferences. 
51. We note that Non Tariff Barriers (NTBs) are a ma jor obstacle to market access for ACP countries, 
and call upon the WTO membership to immedi ately commence negotiations on Non-Tariff 
Barriers with a view to finding a lasting solution..  
LDCs 
52. We declare that developed  countries, and other developing countries in a position to do so, must 
provide bound duty and quota free market access to  all agricultural products originating from all 
LDCs as pronounced in Paragraph 45 of the July 2004 Package.  WT/MIN(05)/7 
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 53. We further declare that LDCs shall be exempted from any reduction commitments 
III - COTTON  
54. We urge that the trade-related aspects of th e cotton initiative be implemented expeditiously, 
ambitiously and with specificity. We also welc ome the Appellate Body and Panel Decisions on 
cotton adopted by the DSB on the 21 March 2005. We endorse the submission of the WTO Africa 
Group to the sub-Committee on cotton of April 22nd, 2005. In this respect, we call upon our 
developed-member partners to:   
 
(i)  totally eliminate export subsidies by the 31st of December 2005;  
(ii) substantially reduce the domestic supports that distort trade on cotton under the 
following time frame: 
• 80% by  31December 2006 
• 10% by  1 January 2008 
• 10% by  1 January 2009 
 
(iii) Elaborate disciplines that prevent shifting of domestic supports between different 
boxes; 
(iv) substantially improve market access for the in ternational trade in cotton, duty free and 
quota free access for cotton an its by-produc ts for the LDCs Cotton producers and 
exporters; 
(v) set up an emergency fund in favour of all African countries producers and exporters of 
cotton aimed at reinforcing their cotton sector with a view to contributing to the promotion and processing of cotton; 
(vi) mobilize the technical and financial assistance for the reinforcement of the cotton sector 
in Africa that would build capacity to process and add value to cotton and its by-products, and more particularly to make available the financial support promised. 
 
IV - BANANAS
 
55.  We note with grave concern the arbitrators’ award in document WT/L/625 dated 27 October 
2005. We are gravely concerned that the EU’s res ponse to this award, has been to announce a new 
single tariff for implementation as of 1st January 2006, thus seriously undermining the existence 
of the ACP banana industries. 
56. We note with concern that the subject of banana  has been put on the agenda of the Ministerial 
Conference by a non-ACP interested party, which could pose challenges that further disadvantage 
the ACP banana producers and exporters.  
57. Bearing in mind the crucial importance of banana  exports to the economic, social and political 
stability of several ACP States, we call on WTO Me mber to ensure that the treatment given to 
ACP bananas will permit the continued sust ainability of the ACP banana exports.  
58. We also emphasize the importance of Members’ su pport for the request for an extension of the 
waiver and stress the need for its favourable cons ideration in order to ensure the continuation of 
ACP Members’ banana exports. 
 
V - SUGAR  
59. We strongly disapprove the disproportionate burden of the reform of the EU Sugar regime on the 
ACP Sugar supplying States. We urge urge that the Kisumu Action plan promoting the WT/MIN(05)/7 
Page 12  
 
 sustainable development agreed at the 9
th ACP Special Ministerial Conference on Sugar in 
Kisumu, Kenya, particularly the following positions which need to be fully taken into account in 
the WTO negotiations: 
(i) Classifying sugar a sensitive product; 
(ii) Lowest possible tariff cut implemented in equal instalments over 8 years as detailed in 
paragraph 16 of the Harbinson text; binding of tariffs in specific (non-AVE) rates, and 
maintenance of special safeguard, and  
(iii)  ACP longstanding preference on sugar is bound as a TRQ of the EU compatible with 
article XIII of GATT. 
                           
 VI- NON-AGRICULTURAL MARKET ACCESS
 
60. We urge that the NAMA negotiations be c onducted in a manner that is sensitive to the 
developmental needs of the of the ACP countries.  Accordingly, ACP countries view the following 
elements as critical in the NAMA negotiations:  
 
(i-)  The continued push for an ambitious formul a, which would result in drastic cuts in 
members tariff schedules. This would put a serious strain on their fragile economies. 
Accordingly, we are committed to negotiati ons based on “bound rates”. Furthermore, 
the modalities should fully incorporate the pr inciple of less than full reciprocity to 
address the specific needs of the ACP countries. The modalities should also include 
appropriate flexibilities and special and di fferential treatment for ACP countries; 
    
(ii-) The sectoral approach on products of export interest to the ACP aimed at fast-tracking 
tariff disarming would accelerate the erosion of ACP preferences Therefore, we declare that appropriate modalities and related flexib ilities should be developed to mitigate the 
erosion of these preferences; 
 
(iii-) Due to the critical importance of preferen ces for ACP countries and the likely negative 
impact on their economies of erosion of such preferences, a methodology should be 
agreed upon to identify those products likely to be  affected so that they can be accorded  
special treatment, that would aim  at preserving a commercially meaningful preference margin through marginal tariff cuts and a longer implementation period, as proposed in the ACP Group proposal TN/MA/W/53 dated 11 March 2005;    
 
(iv-) The treatment of unbound tariff lines, espec ially those with lower applied tariffs 
remains a serious concern to ACP States.  To ensure a fair and equitable outcome, we declare  that explicit recognition must be  accorded to autonomous liberalization and 
low applied rates should be assigned with a higher constant number of percentage 
points to establish the base rate; 
 
(v-) Flexibilities under paragraph 8 are stand-alone provisions and must not be linked to the 
formula.  Conditions therein impose consid erable constraints on their policy space 
needed by ACP countries; 
  WT/MIN(05)/7 
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 (vi-) In addition, the conditions in Para (6) of July 2004 Decision should be relaxed to give 
ACP Countries concerned adequate flexibilities to pursue their development and industrialization objectives; 
 (vii-) NTBs deny market access for non-agricultu ral products of ACP States. These NTBs, 
which include technical barriers to trade, rules of origin and other conditions, as well as 
anti-competitive market structures, need to be addressed in the negotiations in tandem 
with other elements of the Annex B. We declare that Members shall exercise due restraint in applying these measures to  products originating from ACP States. 
Furthermore, technical and financial assistan ce should be provided to assist ACP States 
in meeting the necessary requirements; 
 
(viii-)  WTO members must agree on binding commi tment on duty-free and quota-free market 
access for all products from LDCs to be granted and implemented immediately, on a secure, long-term and predictable basis, with no restrictive measures introduced. In 
addition, we reiterate the proposal for complete exemption for LDCs from tariff 
reduction commitments. 
 
VII - TRIPS AND PUBLIC HEALTH
 
61. We are concerned  about the slow progress in amending th e relevant provisions of the TRIPS 
Agreement that would enable countries with no or insufficient manufacturing capacity to access 
pharmaceutical products at affordable prices. We recall that on 30 August 2003, WTO Members 
adopted the Decision to implement paragra ph 11 of the General Council decision on the 
implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public 
Health. Since the Decision of 30 August 2003 gives only a temporary solution, we urge that the 
necessary amendments for a permanent Ag reement be completed expeditiously. 
VIII - TRADE FACILITATION  
62. We recognize the potential benefits that woul d accrue to ACP countries from undertaking trade 
facilitation measures. However, we urge that in the context of the current negotiations, 
development must be the main objective and focus. This will include, inter alia , ensuring that 
special and differential treatment in favour of developing and least-developed countries is accorded and made fully effective and operationa l; that international cooperation is enhanced 
through the timely provision of sufficient and effe ctive technical assistance and capacity-building 
in trade facilitation; and that the outcomes of the negotiations reflects the needs of these countries 
for development policy space and flexibility. 
63. We call upon WTO members to pay careful attention to issues in the negotiations on trade 
facilitation and the importance of promoting development objectives through the technical 
assistance and capacity-building as contained in  the ACP Group submission to the Negotiating 
Group on Trade Facilitation under reference TN/T F/W/73 dated 10 November 2005. In that 
regard the ACP Group recalls the provisions c ontained in Annex D of the July Framework 
Agreement in respect of technical  assistance and emphasizes its linkage to the undertaking of any 
commitments.  
64. We call upon the WTO Secretariat to expeditiously  conduct a study that compiles and examines 
various Trade Facilitation tools and measures that have been used by WTO members , the 
physical and policy infrastructure required to a dopt and implement such tools and measures, the 
timeframe for implementation, and their respective total costs of implementation  including costs 
associated with policy and regulatory changes, phys ical infrastructure development, acquisition of WT/MIN(05)/7 
Page 14  
 
 technology and human resource training. We call for the results of this study to be circulated to 
the WTO Member as soon as possible.  
65. We note the proposed elements for clarification of Articles V, VIII and X of  GATT 1994 as 
contained in the WTO Secretariat compilation( TN/TF/W/43/ Rev 4) and urge the Members to 
ensure sufficient clarification of the proposed elements to enable the full understanding of their 
implications before commencement of text-based negotiations.  
IX. SERVICES
 
66.  We remain committed to services liberalisation as a means of promoting the economic growth of 
all trading partners and the de velopment of developing countries based on the principles outlined 
in Article IV and XIX.2 of GATS.  We further re iterate and call for adhere nce to the development 
principles as outlined in the GATS 1994 and its prea mble, and the Guidelines and Procedures for 
Negotiations on Trade in Services (S/L/93) and LDC Modalities. 
67. We reaffirm our commitment to complete an assessment of trade in services in overall terms and 
on a sectoral basis, with special reference and a comprehensive analysis as to whether or not 
market access liberalisation to date has resulted in the economic growth  and the development of 
ACP  countries, along with a review of the progress of the negotiations; 
68.  We insist that any text to be included in the Ministerial Conference should be parallel to 
Agriculture and NAMA.  Members should ag ree to present a factual report of the status quo  in all 
areas of services negotiations. 
 69. We  consider that the objectives that would be advantageous to all WTO Members include  inter 
alia:  
(i-) progressive liberalisation on a mutually beneficial basis; 
(ii-) the recognition and inclusion of all national policy objectives and levels of development 
for individual Members of the WTO; 
(iii-) all Members have the right to regulate, a nd to introduce new regulations on supply of 
services where necessary; 
(iv-) developed countries should “ level the playing field ” by facilitating the increasing 
participation of developing countries in trade in services including through effective 
implementation of Article IV; 
(v-) implementation of LDC Modalities by according market access in sectors and modes of 
interests to them; 
(vi-) Members shall ensure that the basic architecture of GATS is preserved; 
 
70. We consider that the modalities contained in th e Guidelines for services negotiation should not be 
renegotiated.  ACP therefore reject all new moda lities whether they are plurilateral approaches to 
negotiations or any other complementary or benchmarking approaches. The objectives outlined 
must be maintained in a pure request-offer process of several rounds and shall not be 
supplemented or replaced by any other appro ach that seeks to undermine the principles and 
objectives of the GATS.   
 71. We underscore that given the level of deve lopment of ACP States, MFN exemption and 
Economic Needs Tests (ENTs) are important instruments of policy space and development 
dimension. Accordingly, ACP States shall be a llowed to maintain them as long as they deem 
necessary for their development.   WT/MIN(05)/7 
 Page 15 
 
 
  
72. We do not agree to the prescriptive nature of the modal objectives as laid out in the Draft 
Ministerial Declaration (JOB(05)/298) and reserve  the right to decide to commit subsectors 
according to level of developmen t and  development goals of our  countries.  We have been 
dissatisfied with the poor quality of offers th at many developed countries have submitted. We 
expect developed countries to open sectors request ed by developing countries thus implementing 
Article IV of the GATS.  These principles shall apply to all modes of supply.   
 73. In regard to Mode 4, we note that there has not  been commercially meaningful offers made by 
developed Members of the WTO. We consider that developed countries shall offer mutual 
recognition of professional services providers from developing countries.  We further consider 
that to give the services negotiations a truly de velopmental focus, developed countries must open 
mode 4 requests made by developing countries so that they can fulfil the implementation of 
Article IV of GATS. 
  
74. We affirm the importance of undertaking a revi ew of progress of the negotiations and assessment 
of the work programme periodically during 2006 including in respect to implementation of Article IV. 
 75. We note the importance of completing the rules track of the negotiations prior to any market 
access in the same sector. 
 
76. A As part of the review of progress and assessment to determine the implementation of Article IV 
of GATS, we shall examine the level and qualit y of assistance provided to ACP countries for 
effective regulatory framework. Members that make  requests shall provide assistance for adequate 
regulatory framework in the related sector  for which the request is made.    
77. We favour the development of a safeguard measu re with the necessary flexibility to protect our 
export interests.  In this regard, we call for further discussion on how such safeguards would be 
operationalised especially from developing countries’ perspective.  
78. We note the importance of the development of horizontal disciplines under domestic regulations 
mainly due to the role such disciplines could pl ay in making mode 4 commitments more certain.  
Such disciplines would also clarify market restri ctions in export markets such that Article IV 
could be fully operationalised.  
79. We reiterate that Governments should be able to have control of their own national policy 
including freedom to control their domestic pr ocurement. We consider that negotiations on 
transparency in government procurement under trad e in services would be outside the mandate of 
the current negotiations as set out in the Doha Declaration and the subsequent July text. We 
therefore call for the deletion from the Text of paragraph 4 (b) of Annex C to Job (05)/298 – the 
Draft Ministerial text for Hong-Kong.-.   
80. The 79 Members of the WTO comprising the ACP States are of the view that the positions above 
create an important vehicle to promote the econo mic growth of all trading partners and the 
development of developing countries.  
X - WTO RULES
 
81. We take note of the exploratory work and iden tification of issues, which has occurred in the 
Negotiating Group on Rules. Balanced and enforceab le rules which help to create a predictable 
and consistent international tr ading economy is of particular importance to the ACP, however 
these rules must recognize the principle of S& D treatment and flexibilities for developing 
countries and these  must be integrated into the discussions and final outcome. In this regard, and WT/MIN(05)/7 
Page 16  
 
 in the context of the negotiations on WTO Rules,  we deem the following issues to be of vital 
importance to the ACP:    
 
Anti-Dumping and Subsidies and Countervailing Duties 
 
(i-) The development dimension of these negotia tions shall be fully addressed by ensuring 
that flexibilities and S&D T are integrated in the proposals tabled and in the Draft 
Ministerial Text Declaration for Hong Kong. 
(ii-) The need to avoid the introduction of unnecessary complex rules and disciplines under 
the Anti-Dumping Agreement and the Ag reement on Subsidies and Countervailing 
Duties which would prove difficult for ACP Countries to implement and enforce .  
(iii-) The need to ensure that Anti-Dumping ru les and Countervailing Duty rules are not 
automatically or arbitrarily imposed on e xports originating from ACP Countries given 
their limited export base and high de pendency on few export markets. 
(iv-) Given the complexity of negotiations on Rules and the fact that many developing 
countries have not been able to draft or  implement Anti-dumping or Countervailing 
Duty legislation because of capacity constrai nts, there is need to provide adequate 
technical assistance to ACP countries to  enable them to develop the necessary 
legislation and expertise in these areas. Furthermore, ACP countries that have the 
necessary legislation need assist ance to enable them to eff ectively enforce their rights 
under the respective agreements. 
(v-) The importance of subsidies to assist the Small and Micro enterprises and incipient 
industries in ACP countries to increase productive and export capabilities and to foster diversity in the production process should be recognized and not eroded in the subsidies 
negotiations. ACP countries should be able to  utilize subsidies and other incentives to 
promote their development objectives given the minimal trade distorting effects of these 
programmes. 
 
Fisheries subsidies 
 
(vi-) The importance of the fisheries sector to the economies, development priorities, food 
security and livelihoods of ACP countries should be taken into account in the 
negotiations and the development of discip lines on fisheries subsidies. . Effective 
S&DT for developing and LDCs members should be an integral part of the 
negotiations. In particular, it should be r ecognized that ACP countries are neither the 
cause of over fishing or overcapacity and he nce should be allowed the flexibility to 
utilize fisheries subsidies to promote a nd enhance their under-developed fisheries 
industries.  
 
(vii-) Specific provisions should be made for those ACP countries with vested interests in 
supporting their fisheries sector to be able  to utilize fiscal incentives especially for 
artisanal and small-scale fisheries. In a ddition, development assistance and access fees 
should not be prohibited. 
 
Regional Trading Agreements 
 
(viii-)  We underscore the importance of ensuring that  the developmental aspects are fully taken 
into account in the negotiations aimed at  clarifying and improving disciplines and 
procedures relating to regional trade agreem ents as mandated under Paragraph 29 of the 
Doha Ministerial Declaration. 
  WT/MIN(05)/7 
 Page 17 
 
 
 (ix-) We recognize that the discussions have proceed ed along two main pillars: transparency 
and systemic issues. We underscore the im portance of maintaining equal progress in 
each of the two pillars given their complementary nature. 
 
(x-) On transparency issues, we recognize the im portance of enhanced transparency and any 
discussion and agreement should integrate th e notion of S&D T recognizing the levels 
of development and capacities of ACP countries. 
 
(xi-) We call for the revision of Article XXIV of the GATT so as to explicitly include 
Special and Differential Treatment and asymme try.  Any improvement and clarification 
of disciplines and procedures on RTAs shoul d take account of differing levels of 
development and should address,  amongst other issues, “substantially all the trade”, and 
transitional time frames in a manner that r esponds to the needs and interests of ACP 
countries. 
XI - DISPUTE SETTLEMENT UNDERSTANDING  
82. We recall that Paragraph 30 of the Doha Minist erial Declaration provides for negotiations aimed 
at improving and clarifying the DSU. Several ACP States have submitted proposals to the Special Session of the DSB that would enhance their pa rticipation in the dispute settlement system. 
83. We note that according to the mandate given, the ne gotiations on this issue were to be completed 
by end of May 2003. We regret to note that sever al deadlines have been missed.  Given the lack 
of progress in furthering this work, we urge the Special Session of the DSB to expedite 
completion of the DSU negotiations taking into  account our concerns with regard to the 
accessibility and affordability of the system. 
84. We emphasize that DSU negotiations will remain outside the Single Undertaking, as provided for 
in the Doha Ministerial Declaration. 
XII - COHERENCE
 
85. The issue of coherence has been  confined to institutional cohe rence between the WTO and the 
Bretton Woods institutions. However, the emph asis should be on ensuring coherence between 
member’s WTO obligations and the policy advice given to developing countries by the Bretton 
Woods institutions. Such coherence should also include the provision of enhanced support by 
these Institutions to the ACP countries to bolster their effort to promote productive investment, develop human resources and efficient infrastructur e, to enhance institutional capacities and build 
technological capability of our countries so as to benefit from market access opportunities. 
86. We re-emphasize the importance of promoting,  without cross-conditionalities and without 
additional conditions consistent a nd mutually supportive policies. In  this regard, we call for the 
closer coordination between these institutions in or der to ensure that these concerns are addressed. 
Moreover, the negotiating processes at the multilatera l, regional and bilate ral levels should be 
conducted in a coherent manner.  
XIII - AID FOR TRADE
 
87. We emphasize the need for adequate and predic table development assistance for building the 
capacities for developing countries to increase a nd diversify their expor t and production bases. 
This should include financial assistance in the fo rm of grants and concessional loans to address 
removal of supply-side constraints, including infr astructural constraints. It should also include 
financial assistance to address the cost of adjustment. WT/MIN(05)/7 
Page 18  
 
 88. The aid for trade programme should be comprehe nsive and holistic in nature and address trade-
related supply-side constraints across-the-boa rd. An aid for trade package should not be 
conditional upon the adoption of increased commi tments to a trade liberalization programme. 
89. In this regard, we emphasize the need to agr ee in Hong Kong to develop an Aid for Trade 
package by July 2006. 
XIV - ACCESSION
 
90. We reiterate our call for the full adherence to and implementation by the WTO members of the 
“Guidelines on WTO accession procedures for LDCs” adopted by the General Council in December 2002.   
91. We also call upon the Hong Kong Ministerial me eting to mandate the General Council to review 
the said Decision on the Accession of LDCs w ith a view to updating it as provided for in 
paragraph 2 of that Decision as well as in the light of the Doha Work Programme.   
92. We declare that acceding LDCs shall be entitled to benefit from the S&DT provisions that would 
arise from the Doha Work Programme 
93. Having regard to the high costs involved in  the various stages of accession process, inter alia,   in 
the document preparation, the undertaking of  actual negotiations, the implementation of 
negotiated outcomes and the setting-up of legal and institutional infrastructures: 
(i-) We urge that targeted technical assistan ce be provided to acceding LDCs and ACP 
States in order to address the costly and complex accession process; 
(ii-) We call upon WTO Members to refrain fro m placing onerous demands on LDCs and 
other ACP States in the accession process; 
(iii-) We further call upon WTO members to agree that if an LDC or ACP party to the 
negotiations on the accession of any applican t country considers that the terms of 
reference of the relevant Working Party are not being observed, it may request the 
establishment of a panel. This panel would be  appointed by the Director-General from a 
roster of independent experts, to examin e the case and report with recommendations to 
the General Council or  Ministerial Conference. 
(iv-) We request WTO members to respond speedily to ACP countries that have applied to 
commence their accession process. 
XV - OBSERVER STATUS OF THE ACP GROUP
 
94. We reiterate the need for the WTO Members to  grant Permanent Observer Status to the ACP 
Group of States and ACP Inter-governme ntal and regional organizations. 
__________