WORLD TRADE  
ORGANIZATION  WT/COMTD/W/143 
13 September 2005 
 
 (05-3964) 
Committee on Trade and Development  
  
 
DEVELOPMENTAL ASPECTS OF THE DOHA ROUND OF NEGOTIATIONS 
 
Note by the Secretariat
 
  
I.
 INTRODUCTION ................................................................................................................... .3 
II. DEVELOPMENTAL ASPECTS OF THE DOHA DEVELOPMENT AGENDA 
NEGOTIATIONS ................................................................................................................... ..3 
A. AGRICULTURE .............................................................................................................................3  
1. Background ..................................................................................................................... ..........3  
2. Domestic Support............................................................................................................... .......4  
3. Export Competition ............................................................................................................. .....5 
4. Market Access .................................................................................................................. .........5  
5. Least-Developed  Countries ...................................................................................................... 6 
6. Recently Accede d Members .....................................................................................................7  
7. Cotton......................................................................................................................... ................7  
B. NON-AGRICULTURAL MARKET ACCESS .....................................................................................7  
1. Background ..................................................................................................................... ..........7  
2. Tariffs........................................................................................................................ .................8  
(a) Defensive interests tied to development needs ...........................................................................8  
(i) Defensive interests ............................................................................................................ ..........8  
(ii) Relevant paragraphs in th e NAMA framework...........................................................................9  
(iii) Status of discussions on these paragraphs sin ce the adoption of the NAMA framework .........10  
(b) Offensive interests tied to development needs..........................................................................10  
(i) Offensive interests............................................................................................................ .........10  
(ii) Relevant paragraphs in th e NAMA framework.........................................................................11  
(iii) Status of discussions on these paragraphs si nce adoption of the NAMA framework ...............11  
3. Non-Tariff Barriers ............................................................................................................ ....11  
4. Capacity Building and Technical Assistance........................................................................11  
C. SERVICES ............................................................................................................................... ....12  
D. TRADE FACILITATION ...............................................................................................................13  
E. SPECIAL AND DIFFERENTIAL TREATMENT ................................................................................15  WT/COMTD/W/143 
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 F.
 IMPLEMENTATION -RELATED ISSUES AND CONCERNS ..............................................................16  
G. RULES ............................................................................................................................... .........17  
1. Introduction................................................................................................................... ..........17  
2. Anti-Dumping................................................................................................................... .......18  
3. Subsidies and Countervailing Measures...............................................................................19  
4. Fisheries Subsidies ............................................................................................................ ......19  
5. Regional Trade Agreements...................................................................................................20  
H. TRADE -RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS ..........................................21  
I. TRADE AND ENVIRONMENT ......................................................................................................22  
J. DISPUTE SETTLEMENT UNDERSTANDING .................................................................................23  
III. CONCLUDING REMARKS .................................................................................................24  
  WT/COMTD/W/143 
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I. INTRODUCTION 
1. At the 53rd Session of the Committee on Trade and Development (CTD) on 11 May 2005, 
Members discussed the Doha Declaration mandate in paragraph 51 pertaining to sustainable 
development.1  They agreed to undertake, at the 54th Session of the CTD, a preliminary review of the 
"developmental aspects" of the Doha Round of ne gotiations.  For the purpose of the review, the 
Secretariat was requested to prepare a background paper.  
2. The present document is the result of Members' request and provides a summary of the 
developmental aspects of the negotiations.  The pape r attempts to address all of the subject areas 
under negotiation in the current round and is organi zed by negotiating body and by work programme 
or working group. 
3. The document has been prepared under the Secret ariat's own responsibility.  It by no means 
claims to provide an exhaustive coverage of the developmental aspects of the negotiations.  Nor does 
it prejudice the right of any Member to raise other c oncerns or views related to  paragraph 51 or to the 
presentation below concerning the areas currently  under negotiation in th e Doha Development 
Agenda.  
II. DEVELOPMENTAL ASPECTS OF THE DOHA DEVELOPMENT AGENDA 
NEGOTIATIONS 
A. AGRICULTURE  
1. Background 
4. For many developing countries the agriculture negotiations are of critical importance.  Not 
only is agriculture a larger part of their econo mies compared to developed countries – both in GDP 
and foreign exchange earnings – but it is generally  much more important for many social and cultural 
reasons as well.  This importance, and agriculture's  ability to contribute to the development objectives 
of developing countries, is reflected in the manda te for the agriculture negotiations, paragraph 13 of 
the Doha Declaration (WT/MIN(01)/DEC/1).  In pa rticular, paragraph 13 states that "special and 
differential treatment for developing countries shall be an integral part of all elements of the 
negotiations and shall be embodied in the Sc hedules of concessions and commitments and as 
appropriate in the rules and disciplines to be negotia ted, so as to be opera tionally effective and to 
enable developing countries to effectively take acc ount of their development needs, including food 
security and rural development". 
5. Paragraph 13 of the Doha Declaration has b een given further precision by the General 
Council Decision of 1 August 2004 (WT/L/579), in par ticular paragraphs 1(a)  and 1(b) and Annex A 
of that Decision (the "Agreed Framework").  Para graph 2 of Annex A notes the critical importance of 
agriculture to the economic development of developi ng countries and that they must be able to pursue 
agricultural policies that are supportive of their de velopment goals, poverty reduction strategies, food 
security and livelihood concerns. 
                                                      
1 Paragraph 51 states:  "The Committee on Trade and Development and the Committee on Trade and 
Environment shall, within their respective mandates, eac h act as a forum to identify and debate developmental 
and environmental aspects of the negotiations, in order to help achieve the objective of having sustainable development appropriately reflected."  Discussion on paragraph 51 is a standing item on the CTD's agenda. 
 WT/COMTD/W/143 
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 6. Within the agriculture negotiations, there ar e many different negotiating groups made up 
exclusively of developing countries.  The importa nce of agricultural trade to many developing 
countries is reflected in their active engagement in the negotiations. 
7. Although developing countries share many common goals in the negotiations, there are also 
many differences.  These differences of view usua lly reflect the different internal and external 
situations faced by developing countries.  For example, preference-dependent developing countries 
are concerned about erosion of preferences.  Howeve r, those that do not benefit to the same extent 
from preferences would like to see ambitious MFN-based  liberalization.  Some developing countries 
would like to continue to have flexibility to prov ide support and protection to their farmers.  An 
additional factor for some countries is their depe ndence on a relatively small range of commodities 
which is one reason why some West and Central Af rican cotton producing countries are pursuing their 
interests through the Sub-Committee on Cotton. 
8. An additional complexity in agriculture is th e fact that the commitments undertaken during 
the Uruguay Round are based on tariffs and support le vels in place since the late 1980s.  While some 
developing countries at that time may have had high  tariffs, their lack of resources meant most of 
them had low or non-existent levels of trade-dist orting domestic support and export subsidies.  On the 
other hand, a number of developed countries that heavily subsidised production and exports of 
agriculture products continue to have the right to use very high levels of internal support and export 
subsidies.   
9. Reflecting the diversity of views and opinions  between developing countries are the complex 
series of provisions governing the negotiations found in the Agreed Framework.  While the 
negotiations have addressed all these issues at least  once, the focus of work has been on a number of 
"gateway" issues where clarity is needed before the specific development-related issue can be tackled.  
For example, on agricultural market access it is neces sary to have some idea of the basic structure of 
the approach to be taken to reduce tariffs befo re a special safeguard mechanism for developing 
countries can be fully defined.  The Chairm an of the Special Session of the Committee on 
Agriculture, in his Status Report (JOB(05)/126), set  out these key issues and, in doing so, noted that 
the Agreed Framework, building on th e Doha Mandate, represented the ' acquis ' of the agriculture 
negotiations.  That is, all the issues raised in th e Framework must be addressed, but, in some cases, it 
is necessary to have some basic structure in place before progress can be made on other issues.  As 
much of the debate to date has focused on "gatew ay" issues, the following sections provide an outline 
of the key development aspects of the Agreed Framework on Agriculture. 
2. Domestic Support 
10. Many developing countries are concerned by th e high levels of subsidies provided to the 
agricultural sector by wealthy countries.  Give n the constraints on their resources, developing 
countries often cannot afford to match these levels of  support.  Therefore, many of them would like to 
see large reductions in trade-distorting support in deve loped countries, strict rules on Blue Box criteria 
and the review and clarification of the Green Box crite ria to ensure that such measures have no, or at 
most minimal trade-distorting effects or effect s on production.  Reductions in domestic support are 
particularly important, for example, to many of those countries looking for cotton specific reforms.  The African Group has proposed the elimination of trade-distorting domestic support for cotton as well as cotton-specific criteria under the Green and Blue Boxes in their proposal (TN/AG/SCC/GEN/2).  At the same time, some deve loping countries would also like to reserve the 
right to use some level of agriculture support either now or in the future.   
11. In addition to longer implementation periods  and lower reductions in trade-distorting 
domestic support (paragraph 6, 1
st point), the Agreed Framework sets out several other areas where 
development aspects of agriculture in developing countries could be addressed.  These areas include:  WT/COMTD/W/143 
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 • Continued access to the provisions on Article 6.2 which covers certain types of 
investment subsidies generally available in developing countries, input subsidies 
targeted at low-income and resource-poor farmers and programmes for diversification 
from illicit narcotic products (paragraph 6, 1st point);  and 
 
• An exemption from reductions in de minimis  support for developing countries that 
allocate almost all de minimis  support for subsistence and resource-poor farmers 
(paragraph 11). 
 12. In the negotiations, a number of developing c ountries have also emphasised the development 
aspects of the review of Green Box criteria.  They  have suggested amendments to Annex 2 of the 
Agreement on Agriculture for progr ammes used by developing count ries that cause little or no 
trade-distortion but are not currently explicitly covered. 
3. Export Competition 
13. Since few developing countries have commitmen ts to reduce export subsidies, the objective 
for most of them is to eliminate export subsidies as quickly as possible.  Paragraph 18 of the Agreed Framework commits Members to eliminate all forms of export subsidies in a parallel manner although 
the date for elimination is still subject to negotiati on.  Eliminating all forms of export subsidies means 
the negotiations have to develop rules on short-term export credits (credits longer than 180 days are to 
be eliminated), exporting state trading enterprises (with special consideration for the monopoly status 
for certain STEs in developing countries) and food aid. 
14. Developing countries have longer implementation periods for the phasing out of all forms of 
export subsidies (paragraph 22).  Furthermore, th e Framework states that developing countries will 
continue to benefit from the exception in Article 9.4 of the Agreement on Agriculture (for certain 
types of export marketing and transport costs) for a reasonable period even after the phasing out of all 
forms of export subsidies has been completed (paragraph 23).
2 
15. While many developing countries would like to see export subsidies of all kinds eliminated, 
some developing countries do have concerns about the possible negative impact of the disciplines to 
be agreed in the areas of food aid, export credits a nd state trading enterprises (STEs).  As noted in the 
Agreed Framework in paragraphs 24 and 26, export  credit disciplines will have to make appropriate 
provisions for differential treatment in favour of least-developed and net food-importing developing 
countries as provided for in the Decision of Measure s Concerning the Possible Negative Effects of the 
Reform Programme on Least-Developed and Net Food-Importing Developing Countries 
(paragraphs 24 and 26).  Where developing countries maintain STEs which enj oy special privileges to 
preserve domestic consumer price stability and to  ensure food security, such entities will receive 
special consideration for maintaining their monopoly status.  
4. Market Access 
16. Market access is probably the most difficult issu e in the negotiations.  The difficulty is caused 
not only because of its technical complexity but al so because it directly effects all WTO Members.  
Of course, all Members are concerned about dom estic support and export competition but not all 
Members have commitments relating to these pilla rs.  On the other hand, all Members have 
agriculture tariffs set out in their Schedules and a ll Members also export agriculture products to other 
countries. 
                                                      
2 Article 9.4 of the Agreement on Agriculture was or iginally envisaged as an exemption to the general 
provisions for developing countries for the duration of the Uruguay Round implementation period. WT/COMTD/W/143 
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 17. In addition to lesser tariff reductions or tari ff quota expansion commitments relative to those 
to be undertaken by developed countries, special and differential treatment will also include the tariff 
reduction formula, the number and treatment of sensitive products and the implementation period 
(paragraphs 39 and 40).  Other development or ientated provisions in the Framework include: 
• The flexibility to designate an appropria te number of products as Special Products, 
based on criteria of food security, livelihood security and rural development needs.  
These products will be eligible for more  flexible treatment (paragraph 41). 
 
• A Special Safeguard Mechanism which will be established for use by developing 
country Members (paragraph 42). 
 
• Effectively addressing the full implementation of the long-standing commitment to 
achieve the fullest liberalization of trade in tropical agricultural products and for 
products of particular importance to the diversification of production from the 
growing of illicit narcotic cr ops (paragraph 43).  And, 
 
• Recognition for the importance of long-standing preferences and a commitment to 
address the issue of preference erosion (paragraph 44). 
 
18. A number of proposals have been made concer ning some of these development orientated 
aspects of market access and some progress has been made.  One idea that has attracted some support 
is to develop indicators for the criteria for Special Pr oducts.  That is indicators to show that a product 
meets criteria of food security, livelihoo d security and rural development.   
19. Of course, many developing countries are also  interested in expanding their trading 
opportunities both to developed countries and to othe r developing countries.  For them, development 
aspects of trade would be best served by significant improvements in market access, particularly by developed countries but also by other developing c ountries.  Therefore, there is some concern that 
some of the flexibility available to both devel oped and developing countri es could impair potential 
future trading opportunities.  In addition to the paragraphs relating to the tariff formula, these 
Members highlight other important aspects of th e Agreed Framework which can assist in the 
development process, such as the fullest liberalizatio n of trade in tropical agricultural products and for 
products of particular importance to the divers ification of production from the growing of illicit 
narcotic crops (paragraph 43), the commitments to address tariff escalation (paragraph 36), to 
negotiate the issue of tariff simplification (par agraph 37) and to establis h operationally effective 
improvements in tariff quota administration (parag raph 35), as well as the commitment to address the 
existing special agricultural safeguard (paragra ph 38), which is primarily used by developed 
countries. 
5. Least-Developed Countries 
20. The Agreed Framework states that least-developed countries (LDCs) will not have to 
undertake reduction commitments and that they will have full access to all special and differential 
treatment provisions.  It also states that deve loped Members and developi ng country Members in a 
position to do so, should provide duty-free and quota -free market access for products originating from 
least-developed countries (paragraph 45).  In addition,  it notes that work on cotton under all the pillars 
will reflect the vital importance of this  sector to certain LDCs (paragraph 46).  WT/COMTD/W/143 
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 6. Recently Acceded Members 
21. The Agreed Framework requires that the particular concerns of recently acceded Members 
will be effectively addressed through specific flexib ility provisions (paragraph 47).  Although recently 
acceded Members include both developed and developing Members, a number of small low-income recently acceded Members with economies in transition have made a proposal (TN/AG/GEN/10 and 
Corr.1) which outlines their specific concerns and which put forward their suggestions for specific 
flexibility.  Key aspects of this proposal incl ude the need for small low-income economies in 
transition which have recently acceded to the WTO to be granted the same flexibilities that have 
already been agreed for LDCs and other vulnerable developing countries.  
7. Cotton 
22. Although not originally a specific element of the Doha Declaration, the trade-related aspects 
of cotton are now a core part of the negotiati ons.  The Sub-Committee on Cotton was established by 
the Special Session of the Committee on Agriculture, in line with the decisi on on the Doha Work 
Programme adopted by the General Council on 1 August 2004 (WT/L/579) which called for the 
trade-related aspects of cotton to be pursued in th e agriculture negotiations.  Tasked with addressing 
cotton "ambitiously" and "expeditiously", the Sub- Committee addresses "all trade-distorting policies 
affecting the sector" in all three pillars of the ag riculture negotiations.  The work programme of the 
Sub-Committee is also to take account of the n eed for "coherence betwee n trade and development 
aspects of the cotton issue" (TN/AG/SCC/1). 
23. Proposals specifically dealing with distortions and barriers faced by cotton producers and 
exporters have been submitted to the Sub-Commi ttee.  A recent proposal by the African Group 
(TN/AG/SCC/GEN/2) called for, inter alia , the elimination of all e xport subsidies and subsidies 
which distort international cotton markets and bound duty-free and quota-free access for cotton and its 
by-products for LDC cotton producers and net exporters.  
24. As with other development aspects of the agri culture negotiations, it is  difficult to address 
cotton without an agreement on the basic structures in th e three pillars first.  In the Chairman's status 
report, (JOB(05)/126), he noted the vital need fo r progress in both the trade and development tracks, 
but that only when some structure emerges more cl early on each of the three pillars could a parallel 
evaluation of their possible implications for the cotton sector be made.  
B. N
ON-AGRICULTURAL MARKET ACCESS  
1. Background 
25. Paragraph 16 of the Doha Ministerial Declarati on provides that the negotiations shall aim, by 
modalities to be agreed, to reduce or as appropria te eliminate tariffs, including the reduction or 
elimination of tariff peaks, high ta riffs, and tariff escalation, as well as non-tariff barriers, in particular 
on products of export interest to developing countri es.  It also provides that the negotiations would 
take fully into account the special needs and inte rests of developing and LDC participants, including 
through less than full reciprocity in reduction commitments, in accordance with the relevant 
provisions of Article XXVIII bis of GATT 1994 and the provisions cited in paragraph 50.  The 
modalities to be agreed are also to include a ppropriate studies and capacity-building measures to 
assist LDCs to participate effectively in the negotiations. 
26. Although most developing Members have a mix of  offensive and defensive interests in the 
Non-Agricultural Market Access (NAMA) negotiati ons, these interests are addressed separately in the 
following section for ease of presentation.  It goes wi thout saying that any proper assessment of the WT/COMTD/W/143 
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 developmental aspects in this area should take into  account both aspects.  Sections 3 and 4 provide 
some information on non-tariff barriers, and capacity  building and technical assistance, respectively.  
2. Tariffs 
(a) Defensive interests tied to development needs 
(i) Defensive interests 
27. The defensive interests of developing country  Members in the NAMA negotiations are often 
expressed as the need to have flexibilities that would allow them to make less tariff cuts, exempt tariff 
lines from new bindings or reduction commitments, or to  maintain the status quo.  The principle of 
less than full reciprocity in reduction commitments is  frequently mentioned in this context as well.  
The arguments presented by developing countries in  the course of the discussions justifying such 
interests, as well as the counter arguments, have  been provided below in order to give a 
comprehensive view of the issues.  We would note th at the counter arguments have in many instances 
also been put forward by other developing Members.  
1. The need to preserve "policy space"
:  Many developing Members have argued for the need to 
preserve sufficient policy space to pursu e their developmental goals, including 
industrialization and the diversification of thei r economies.  This argument has been criticized 
by others who, although recognizing the need to preserve protection in a few products or 
sectors of importance, do not see a justification for keeping high tariff protection on all non-agricultural products.  They have also questioned how much policy space is really 
required and have noted that many devel oping countries have a large binding overhang
3 and 
will probably not cut into applied duties as the r esult of this Round.  The proponents of the 
argument expressed above have replied that developing countries lack the institutional 
capacity to use trade remedies (i.e. safeguards,  anti-dumping, etc.) and that they need, as a 
substitute, the ability to increase their tariffs.  Hence the need to preserve high bound duties. 
On this argument, the critics have noted that this  type of increase has rarely been used in the 
past.  
2. The need to protect/encourage infant industries :  It is argued by some that developing 
countries need to retain tariff protection because this is one of the very few policy tools they 
have available.  Because they lack the public funds to provide subsidies or other types of 
incentives, preserving high tariffs allows domestic industries to develop, create new jobs and compete with foreign companies.  Other views claim that protecting inefficient producers for 
long periods of time is not c onducive to development and that some degree of competition is 
needed.  It has also been noted that predictability, including through adequate bound levels, 
plays a key role in attracting foreign direct investment.  Proponents of the infant industry argument consider that they should preserve the right to develop new industries in the future, 
just as others have done in the past.   
3. The need to preserve unbound duties
:  It has been argued by some that developing countries 
should preserve the right to keep tariff lines unbound for development purposes, particularly 
in sensitive sectors.  It has been further argued that although being a desirable goal nothing in 
the mandate requires Members to achieve full bindi ngs.  This argument has been criticized by 
others who believe that the manda te to have no "a priori" exclusions clearly provides for all 
products to be subject to bindings.  They also  note that all Members have full bindings in 
agricultural products which are more sensitive th an non-agricultural products, and that several 
developing countries and LDCs already have full binding coverage.  They also fail to see why 
                                                      
3 Difference between the bound duties and the applied duties.  WT/COMTD/W/143 
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 having a binding itself (as opposed to the level of the binding) is detrimental to any industry, 
and expect all Members to have full bindings as a result of the Doha Round.   
4. The need to deal with non-r eciprocal preference erosion :  It is argued that many developing 
countries and LDCs depend on non-reciprocal pr eferences for an important share of their 
exports.  Any further MFN liberalisation should take into account this commercial reality to 
avoid the further marginalization of these Me mbers which need to progressively adapt their 
weak industrial base and prevent a possible de -industrialization of their economies.  This 
argument is opposed by other developing c ountries which would like to see MFN reductions 
in precisely those markets and products.  Althoug h tolerated by the trading system, they recall 
that non-reciprocal preferences are the result of autonomous decisions by developed countries 
and have no place in the NAMA negotiations.  These Members are  ready to consider safety-
net solutions for preference receiving countries, but outside the WTO framework.  The proponents of the preference erosion argument not e that their problem stems from MFN cuts 
and therefore should have a trade solution.  Th e critics, on the other hand, have expressed 
concern that accommodating such a request would, inter alia, result in S&D for developed 
countries.   
5. The need to prevent tariff revenue loss
:  It is argued that some developing countries need to 
preserve tariff protection because they are highly dependent on the revenue produced by 
taxing imports.  Others have noted that only bound duties are being negotiated and have 
pointed out that revenue loss can only result from cutting into applied duties.  They believe that given the binding overhang in some developing countries, it is difficult to see how this 
revenue loss could occur.  In addition, they have noted that import duty collection could be 
replaced by more trade neutral taxes, such as the value added tax.  The proponents of the 
revenue loss argument have replied that this type  of change in the tax collection system is 
difficult to institute and often opposed by domestic constituencies. 
(ii) Relevant paragraphs in the NAMA framework 
28. Paragraphs 6, 8 and 9 of the NAMA framework d eal with some of these issues.  Paragraph 6 
contains an exemption for developing  countries with a low binding coverage
4 from making tariff 
reductions through the application of the formula.  In exchange, they are expected "to bind at 
[100] per cent of non-agricultural tariff lines at an average level that do es not exceed the overall 
average of bound rates for all developing countr ies after full implementation".  In addition, 
paragraph 8 grants longer impl ementation periods for tariff re duction for developing-country 
participants and would allow them to select betwee n two options:  (a) to apply less than formula cuts 
to up to [10] per cent of their tari ff lines, provided that the cuts are no less than half the formula cuts 
and that these tariff lines do not exceed a certain perc entage of the total value of a Member's imports;  
or (b) either to keep unbound duties or not to apply formula cuts on a certain percentage [5 per cent] 
of their tariff lines, provided that they do not exceed  a certain percentage of the total value of their 
imports.  Paragraph 9 exempts LDCs  from the application of the fo rmula and  participation in the 
sectorial approach.  They are, however, expected  to substantially increase their level of binding 
commitments as their contribution to the Doha Round.  With respect to the treatment of unbound tariff lines, "the vehicle" or paragraph 1 of the NAMA framework indicates that additional negotiations are 
required to reach agreement on "the issues concerni ng the treatment of unbound tariffs in indent two 
of paragraph 5", thereby recognizing the sensitivities of  some developing Members with regard to this 
issue.  Finally, paragraph 16 of the NAMA framework refers to the challenges that may be faced by 
non-reciprocal preference beneficiary Members and those Members at present which are highly dependent on tariff revenues.  It instructs the Negotiating Group to take into consideration, the 
particular needs that may arise for the Members concerned.   
                                                     
 
4 Less than [35] per cent of binding coverage of non-agricultural tariff lines. WT/COMTD/W/143 
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 (iii) Status of discussions on these paragraphs sin ce the adoption of the NAMA framework  
29. The flexibilities in paragraph 8
 have been discussed insofar as some of the formula proposals 
which have been tabled envisage a trade-off betw een the formula and such flexibilities.  There has 
been no discussion of the numbers within the square  brackets, although, in the past, some developing 
country Members had indicated that they would like to see higher numbers and expressed concerns 
about the conditions attached to the use of such  flexibilities.  Some developing countries are 
concerned by how unbound tariffs are going to be tr eated.  Substantive discu ssions have taken place 
on this subject on the basis of a number of proposals (Canada;  Costa Rica;  Hong Kong, China;  New Zealand;  Norway;  Peru (TN/MA/W/51 and Add. 1);  Argentina;  Brazil;  India (TN/MA/W/54);  
Malaysia (JOB(05)/86) and Mexico (TN/MA/W/ 13/Add.1)).  There have also been intense 
discussions on the question of non-reciprocal prefer ences, which was stimulated by the submission of 
two papers;  one from the African Group (TN/ MA/W/49) and the other from the ACP Group 
(TN/MA/W/53).  While some Members see the preserva tion of such preferences at the heart of their 
development needs, others see MFN liberalization and thus the erosion of such preferences at the heart of their own development needs.   Concerning tariff revenue dependency
, the Negotiating Group 
has had a preliminary exchange.  However, it woul d appear that more information is necessary from 
the Members concerned by this issue in or der to move the discussions forward.   
(b) Offensive interests tied to development needs 
(i) Offensive interests 
30. The offensive interests of developing countries in the NAMA negotiations are usually 
expressed as the need to obtain improved and secu re market access conditions through new tariff 
reductions and bindings.  These interests have also been expressed in different ways and the 
justifications have taken different forms, some of which are b ased on the needs outlined below.  As 
with the preceding section, arguments as well as c ounter-arguments have been provided in order to 
give as complete a picture as possible concerning the issue.   
1. The need to improve access into developed countries :  It is argued that developing countries 
should enjoy improved access opportunities in develo ped countries.  To this end, developed 
countries should reduce and eliminate tariff peak s, high tariffs, tariff escalation on products 
originating in developing countries.  In add ition, developed countries should make reductions 
which are significantly more substantial than those of developing countries to fulfil the 
mandate of less than full reciprocity in reducti on commitments.  There is some divergence of 
views about how to translate this aspect of the mandate into concrete te rms.  Some developed 
country Members have been referring to the need to  evaluate the final rate rather than looking 
at percentage cuts in order to evaluate "less th an full reciprocity in reduction commitments".   
2. The need to improve South-South trade :  It is argued that developing countries also have a 
substantial interest in improving their access opportunities into other developing countries.  
They point out that South-South trade constitutes approximately 40 per cent of the exports of 
developing countries and that it is growing at a much faster rate than those exports going to 
developed countries.  They finally note that  developing countries pay much more duties to 
each other than to developed countries.  This  argument has been criticised by others who 
consider this to be a distraction from the main goal of reducing tariffs in  developed countries.  
They also note that there are better ways of improving South-South trade outside of the 
NAMA negotiations, such as Free-Trade Agreem ents (FTAs) and GSTP negotiations.  The 
proponents of the South-South trade argument have noted that the mandate emphasizes the 
improvement of market access conditions on pro ducts of export interest to developing 
countries, and they are interested in diversifying  and exporting to other developing countries.    WT/COMTD/W/143 
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 3. The need for improved market access for LDCs :  The LDCs consider it important for their 
development goals to have improved market access in the form of preferential 
duty-free/quota-free access.  Although their first objective seems to be securing and 
improving this type of access into developed c ountries, others have argued that LDCs should 
also benefit from improved preferential access in to other large developing countries.  The 
objective is to enhance the integration of LDCs  into the multilateral trading system and to 
support the diversification of their production and export base.   
(ii) Relevant paragraphs in the NAMA framework 
31. The relevant paragraphs of the NAMA framework would appear  to be paragraph 4 which 
foresees a non-linear formula, paragraph 6 on the sect oral tariff component of the negotiations and 
paragraph 10 on market access for LDCs and wh ich calls on developed Members as well as 
developing Members which so decide to provide  duty-free and quota-free access for LDC products.5   
(iii) Status of discussions on these paragraphs si nce adoption of the NAMA framework  
32. The discussions on the non-linear formula  have been very intensive since the start of the year.  
Various proposals have been submitted (Antigua a nd Barbuda, Argentina, Ba rbados, Brazil, India 
(TN/MA/W/54), Chile, Colombia, Mexico (TN/MA /W/50), European Communities (circulated as a 
power point presentation), Jamaica, Norway (TN/MA /W/7/Add.1), Saint Kitts and Nevis, Trinidad 
and Tobago, and the United States (JOB(05)/36)).  The key question in all of the discussions is to 
what extent the various proposed formulas will deli ver on the mandate as set out in paragraph 16 of 
the Doha Ministerial Declaration.  In this connection, there have also  been references to an equitable 
outcome with divergent views as to how to inte rpret such equity.  The sectorial tariff component  of 
the negotiations is also being pursued actively by the individual Member or Members interested in 
seeing such an outcome in a particular sector and who consider this an essential component of the 
NAMA negotiations to achieve commercially meaningful  market access.  There have been no specific 
discussions on the paragraph relating to duty-free and quota-free market access  for LDCs.   
3. Non-Tariff Barriers 
33. For many developing country Members addressi ng non-tariff barriers (NTBs) would appear 
to be even more important than addressing tariffs.  It  has now become more clear that the majority of 
the NTBs which were notified will now be taken up by the Member concerned either in WTO regular 
committees or other negotiating groups.  The vast number of NTBs notified pertain to TBT, trade 
facilitation, customs valuation and SPS measures.  There are also ongoing vertical NTB discussions, 
but mostly spearheaded by developed country Memb ers, although Korea did initiate the process with 
a submission on electronic products.  Since the adoption of the NAMA framework, NTBs have 
received increased attention.  However, it is a very complex area of the Group's work.  The NGMA 
has begun to examine and in some instances di scussed the NTBs proposed for negotiation in the 
Group.  Members are expected in the current pro cess to come up with specific proposals on how they 
would like to solve the NTBs they are facing. 
4. Capacity Building and Technical Assistance 
34. Paragraph 16 of the Doha Ministerial Declara tion notes that the modalities to be agreed will 
include appropriate studies and capacity-building measur es to assist LDCs to participate effectively in 
the negotiations.  The NAMA framework also  recognizes the importance of studies and 
capacity-building measures to improve the participa tion of developing and LDCs  in the negotiations.  
                                                      
5 For information, please note that there is also paragraph 13 that deals with elimination of low duties 
but discussions are at a preliminary stage. WT/COMTD/W/143 
Page 12  
 
 A number of such initiatives have already been u ndertaken, and work will continue to improve 
participation in the negotiations.  Several studies, such as the selective bibliography of research on 
market access
6, the market access issues related to produc ts of export interest originating from LDCs,7 
and others published in the TN/MA/S/- document series have been issued to assist in the consideration 
of the different issues.8  Capacity-building measures have been undertaken through technical 
assistance activities.  Many NAMA regional workshops  have been delivered according to the TA 
Annual Plans.9  NAMA components have also been included as part of all trade policy courses and in 
other activities such as the Joint Integrated Techni cal Assistance Programme (JITAP).  In addition, 
many national seminars have been delivered. 
C. SERVICES  
35. The developmental aspects of services trade liberalization were addressed by Members as 
early as 1999, when the Secretariat was requested to prepare a background note on the developmental 
impact of trade liberalization under the GATS (doc ument Job 2748/Rev.1, dated 7 June 1999).  Since 
then, the developmental aspects of services trade liber alization have remained a central topic of these 
negotiations.  These issues found expression in several  ways – e.g. during the elaboration of the 
Negotiating Guidelines and Procedures (document S/L/93); through the submission of negotiating 
proposals; during the elaboration of the Guidelin es for the Special Treatment of Least-Developed 
Countries (document TN/S/6); in the context of di scussions on the assessment of trade in services; in 
the organization of different seminars and symposia; and, more recently, in the review of progress in the negotiations. 
36. One of the main objectives pursued by Members in these negotiations is to contribute towards 
the achievement of the main objectives of the GATS, the expansion of trade in services under 
conditions of transparency and progressive libera lization and as means of promoting the economic 
growth of all trading partners and the developmen t of developing countries (GATS Preamble).  Those 
objectives were later re-stated and further elaborated in the Negot iating Guidelines and Procedures, 
whose development-friendly thrust was welcom ed by Members (see S/L/93 and S/CSS/M/8). 
37. Both developed and developi ng country Members also took developmental aspects into 
account when presenting their negotiating proposals on various sectors, modes of supply and miscellaneous issues (see proposals presented under the S/CSS/W/ and TN/S/W/ series).  In fact, almost 50 per cent of all the sectoral negotiating proposals submitted so far are either authored or 
co-sponsored by developed countries. 
38. The establishment of specific modalities for th e special treatment of LDC Members in the 
services negotiations was also seen as a contribu tion to these countries' participation in the 
negotiations (see document TN/S/M/8).  
39. Developmental aspects have also been highlight ed in the context of the ongoing assessment of 
trade in services carried out by the Council for Trade in Services.  On  the basis of inputs provided by 
the WTO Secretariat, Members, the OECD, the ITC and UNCTAD, discussions have reviewed 
national experiences with services trade liberalization, addressed the impact of services trade 
liberalization on development and have also helped identify potential areas (sectors and modes of 
supply) of export interest to developing countr ies.  See, for example, document JOB(02)/208, 
                                                     
 
6 TN/MA/S/1, TN/MA/S/1/Add. 1 and TN/MA/S/1/Add.2. 
7 Documents TN/MA/S/7, TN/MA/S/11, TN/MA/S/11/Corr.1, and TN/MA/S/12. 
8 The Economic Research and Statistics Division has prepared inter alia  documents TN/MA/S/3 – 
Rev.2, TN/MA/S/4 –Rev.1/Corr.1, as well as others under the TN/MA/S/- document series. 
9 See documents:  WT/COMTD/W/104/Rev.2 and Add.2 for 2003; WT/COMTD/W/119/Rev.3 and 
Add..1 for 2004, and WT/COMTD/W/133/Rev.2 for 2005.  WT/COMTD/W/143 
 Page 13 
 
 
 document S/CSS/W/104 (and the documents quoted at the end of that document) and subsequent 
discussions in the Council for Trade in Services in Special Session.  
40. At the request of Members, the WTO Secretar iat organized several workshops which focused 
on issues of interest to developing countries such as tourism (22-23 February 2001); the movement of 
natural persons (11-12 April 2 002, and 4-5 October 2004); the assessment of trade in services 
(14-15 March 2002); domestic re gulation (29-30 March 2003); and cross-border supply of services 
(28-29 April 2005).   
41. It is worth highlighting that the movement of  natural persons, an issue of importance for 
developing countries, has received particular attenti on in the negotiations and has been the subject of 
two symposia and various dedicated discussions in  the Council for Trade in Services in Special 
Session. 
42. The elaboration of the Council's recommendations to the TNC, finally adopted as part of the 
"July Package" on 1 August 2004, provided another opportunity for Members to focus on the development aspects of the services negotiations.  As  can be seen in the records of discussions, 
developing countries considered some of those r ecommendations as clearly linked to the development 
dimension of the Doha Round.  These include the ca ll for greater quality of offers, particularly in 
sectors and modes of supply of export interest to de veloping countries, the call for special attention to 
sectors and modes and supply of export interest to developing countries, the interest of developing 
countries in mode 4 and the mandate to provide targ eted technical assistance with a view to enabling 
developing countries to participate effectivel y in the negotiations (see document TN/S/M/11). 
43. Finally, in reviewing progress in the negotiati ons, Members have stressed the importance of 
ensuring that a developmental thrust is embedded in the offers, for example, by paying attention to 
sectors and modes of supply of interest to deve loping countries (see documents TN/S/M/6, 13, 
and 14). 
D. T
RADE FACILITATION  
44. Annex D of the 1 August 2004 Decision of the General Council lays out the modalities for 
negotiations on trade facilitation.  At its first meeting on 15 November 2004, the Negotiating Group 
adopted a Work Plan and schedule of meetings (TN/TF/1), as instructed in paragraph 10 of the 
modalities.  The Work Plan states that work will pr oceed on the basis of Members' contributions and 
other input that the Negotiating Group may request .  The agenda of the Negotiating Group, which 
makes reference to the relevant paragr aphs of the modalities, is as follows:  
• Clarification and improvement of relevant  aspects of Articles V, VIII and X of the 
GATT 1994;  enhancement of technical assi stance and support for capacity building; 
effective cooperation between customs or any other appropriate authorities on trade 
facilitation and customs compliance issues (para. 1); 
 
• Special and differential treatment for devel oping and least-developed countries (para. 2); 
 
• Least-developed country members (para. 3); 
 
• Identification of trade facilitation needs a nd priorities; concerns related to cost 
implications of proposed measures (para. 4); 
 
• Technical assistance and support for capacity building (paras. 5, 6 and 7); 
 
• Working with and work of relevant inte rnational organizations (paras. 8 and 9). WT/COMTD/W/143 
Page 14  
 
  
 Relevant international organizations, including those mentioned in para graph 8 of Annex D, 
shall be invited to attend each formal  meeting of the Negotiating Group on an ad hoc  basis. 
 45. Several proposals have been tabled by Members in  the course of the last year.  In response to 
a request by the Chairman at the Group's fifth m eeting (2-3 May 2005), the Secretariat prepared a 
compilation of proposals presented up to 2 May 2005 re lating to the clarification and improvement of 
GATT Articles V, VIII and X (document TN/TF/ W/43).  The document was later updated to 
incorporate proposals presented up to 4 July 2005 (document TN/TF/W/43/Rev.1).
10  According to 
this compilation, a large number of proposals make reference to special and differential treatment 
(S&D), and technical assistance and capacity-build ing.  A list of  the proposals mentioned in the 
compilation which make reference to these two issues  is provided below.  A summary of the content 
of the individual proposals with respect to the two issues can be found in the compilation. 
46. With regard to S&D, the compilation covers the following proposals:  TN/TF/W/6 (European 
Communities);  TN/TF/W/7 (Korea);  TN/TF/W/8 ( Japan, Mongolia, Chinese Taipei, Pakistan and 
Peru);  TN/TF/W/9 (Australia and Canada);  TN/TF/W/12 (United States);  TN/TF/W/13 (United 
States);  TN/TF/W/14 (United States);  TN/TF/W/15 (United States);  TN/TF/W/17 (Japan, Mongolia, 
Peru and Chinese Taipei);  TN/TF/W/18 (Korea) ;  TN/TF/W/19 (Australia and Canada);  
TN/TF/W/20 (Canada);  TN/TF/W/21 (United States);   TN/TF/W/22 (Uganda and the United States);  
TN/TF/W/24 (New Zealand);  TN/TF/W/26 (China );  TN/TF/W/28 (Bolivia, Mongolia, Paraguay, 
Kyrgyz Republic and Japan);  TN/TF/W/30 (Peru);  TN/TF/W/31 (Hong Kong, China);  TN/TF/W/32 
(Hong Kong, China);  TN/TF/W/35 (European Communities and Paraguay);  TN/TF/W/38 
(Singapore);  TN/TF/W/39 (Paraguay, Rwanda  and Switzerland);  TN/TF/W/46 (European 
Communities);  TN/TF/W/47 (Singapore) and TN/TF/W/49 (China and Korea).  
47. On technical assistance and capacity building,  the following proposals are covered in the 
compilation:  TN/TF/W/6 (European Communities);  TN/TF/W/8 (Japan, Mongolia, Chinese Taipei, 
Pakistan and Peru);  TN/TF/W/9 (Australia and Canada );  TN/TF/W/12 (United States);  TN/TF/W/13 
(United States);  TN/TF/W/15 (United States);  TN/TF/W/18 (Korea);  TN/TF/W/19 (Australia and 
Canada);  TN/TF/W/20 (Canada);  TN/TF/W/22 (Uganda and the United States);  TN/TF/W/23 
(European Communities and Australia);  TN/TF/W/ 24 (New Zealand);  TN/TF/W/26 (China);  
TN/TF/W/28 (Bolivia, Mongolia, Paraguay, Kyrgyz  Republic and Japan);  TN/TF/W/30 (Peru);  
TN/TF/W/32 (Hong Kong, China);  TN/TF/W/34 (K orea);  TN/TF/W/35 (European Communities and 
Paraguay);  TN/TF/W/36 (New Zealand, Norway an d Switzerland);  TN/TF/W/39 (Paraguay, Rwanda 
and Switzerland);  TN/TF/W/40 (Argentina);  TN/TF/W/46 (European Communities) and TN/TF/W/49 (China and Korea).  
48. The compilation also makes reference to two proposals relating to cross-cutting submissions 
on S&D matters, namely document TN/TF/W/33 (African Group) and document TN/TF/W/41 
(Argentina, Bolivia, Brazil, Chile, Colombia, Cost a Rica, Dominican Republic, Ecuador, El Salvador, 
Guatemala, Honduras, Mexico, Panama, Paraguay , Peru and Uruguay).  In Annex B of the 
compilation, these two proposals are categorized as "proposals on S&D matters with no direct link to a specific measure". 
                                                     
 
10 The revised version incorporates references to the following additional proposals:  TN/TF/W/40, 
TN/TF/W/42, TN/TF/W/44, TN/TF/W/45, TN/TF/46, TN/TF/W/47, TN/TF/W/48 and TN/TF/W/49 with 
respect to  proposed clarifications and improvements of GATT Articles V, VIII and X (including related special and differential treatment and technical assistance and capacity-building matters), and TN/TF/W/33 and 
TN/TF/W/41 as regards input on special and di fferential treatment of a cross-cutting nature.   WT/COMTD/W/143 
 Page 15 
 
 
 49. As agreed at the Group's meeting of 13-14 J une 2005, a WTO Trade Facilitation Negotiations 
Support Guide prepared for and on behalf of the World Bank (TN/TF/W/51) was reproduced to assist developing and LDC Members to effectively pa rticipate in the Trade Facilitation negotiations. 
50. In his July 2005 Report to the Trade Negotia tions Committee (TN/TF/2), the Chairman 
reported that the negotiations on Trade Facilitation a ppeared to be proceeding satisfactorily.  He said 
many proposals had been received to date from a broad range of developed, developing and 
least-developed Members and that in the period up to the Hong Kong Ministerial meeting it would be 
important to ensure that all the objectives of the ne gotiations contained in pa ragraph 1 of the mandate, 
and all of the elements referred to in other parts of the mandate, in particular special and differential 
treatment and technical assistance and capacity bui lding, were addressed in a balanced way in the 
negotiations on the basis of further contributions by  Members.  The Chairman drew attention to the 
compilation of proposals prepared by the Secretaria t (mentioned above), suggesting that it could be a 
valuable working document on which to base the Nego tiating Group's preparations for its report to the 
Hong Kong Ministerial Conference.  The compilation w ould be kept up-to-date.  The Chairman also 
reported that the Secretariat's technical assistance programme, and the collaborative effort of the other 
intergovernmental organizations, was appreciated. 
E. S
PECIAL AND DIFFERENTIAL TREATMENT  
51. A number of submissions by developing countr y Members have highlighted the importance 
of the work on special and differential treatment (S&D)11 for developing countries.  The African 
Group, for example, in its document (TN/CTD/W/3/Re v.2) indicates that the various categories of 
S&D suggest ways of improving the provisions on the basis of the experience with the provisions, as 
well as on the basis of the need to improve the living conditions of people in developing countries.  
The LDCs (TN/CTD/W/4) state that developing  country Members, and in particular LDCs, 
experience particular problems which constrain their participation in the multilateral trading system.  
They indicate that LDCs cannot address their develo pment challenges and participate meaningfully in 
the international trade system if th ey assume the same types and levels  of obligations envisaged in the 
Uruguay Round Agreements, and that effective and m eaningful S&D is necessary.  In broad terms, 
the submissions by developing country Members tr eat such issues as special flexibilities and rights, 
extension of transition periods or granting of fr esh transition periods, understandings on particular 
Agreements, identification of technical assistance  needs and binding commitments by developed 
country Members on S&D measures.  Special attenti on is also paid to the situation and needs of 
LDCs. 
52. Some Members have also stressed the distinc tion between development and the integration of 
developing countries into the multilateral trading system , and are of the view that the latter should be 
the main objective of S&D.  
53. The issues treated by Members in their submis sions can be classified as being Agreement-
specific or cross-cutting in nature.  Several devel oping country Members have expressed the view that 
work on Agreement-specific proposals should be  completed before a detailed discussion on 
cross-cutting issues can begin.  According to these Memb ers, this order of priority fulfils more closely 
the mandate given by Ministers at Doha, as well as the mandate in the 1 August 2004 Decision of the 
General Council.  Other Members, however, feel that having a discussion on the cross-cutting issues is important as it would help Members in making progress on the Agreement-specific proposals.  Of 
                                                     
 
11 Paragraph 44 of the Doha Ministerial Declaration reaffirmed that "provisions for special differential 
treatment are an integral part of th e WTO Agreements" and directed that "all special and differential treatment 
provisions shall be reviewed with a view to strength ening them and making them more precise, effective and 
operational".  Ministers also endorsed the work programme on S&D set out in paragraph 12 of the Decision on 
Implementation-Related Issues and Concerns (WT/MIN(01)/17). WT/COMTD/W/143 
Page 16  
 
 the 88 Agreement-specific proposals submitted by Memb ers, an in-principle agreement was reached 
on 28 of them prior to the Fifth Ministerial Conf erence in September 2003.  These, however, have yet 
to be adopted.   
54. Views continue to differ between Members on how to move the S&D work programme 
forward.  In December 2004, after consultations held  in several informal groups, the Chairman of the 
Special Session of the CTD
12 put forward a conceptual approach for consideration by Members.13  
Some Members voiced concerns with that approach , and although further co nsultations were held, 
differences among Members on the best way to pro ceed could not be bridged.  Members did, 
however, agree to begin work on the remaining Agreem ent-specific proposals, giving priority to the 
proposals made by the LDCs.  Accordingly, the Special Session took up the five remaining LDC 
Agreement-specific proposals identified by the LDC group, which include proposals on the 
Understanding in Respect of Waivers of Obligations under the GATT 1994, the Enabling Clause, the Agreement on Trade-Related Investment Measure s and the Decision on Measures in Favour of 
Least-Developed Countries.   
55. In his July 2005 report to the General Council (TN/CTD/13), the Chairman of the Special 
Session reported that while significant progress had been made on the Agreement-specific proposals 
tabled by the LDCs, the Special Session would n eed to continue to work on the LDC proposals and 
other remaining Agreement-specific proposals and re port on them to the General Council with clear 
recommendations for a decision by the Hong Kong Ministerial Conference.  The Special Session would also need to continue to monitor and coordi nate its efforts with that of the negotiating groups 
and other WTO bodies to which the Category II propo sals had been referred by the General Council.
14  
Furthermore, as mandated in the 1 August 2004 Deci sion of the General Council, the Special Session 
should also continue, within the parameters of the Doha mandate, to addr ess all other outstanding 
work referred to in document TN/CTD/715, and report, as appropriate , to the General Council. 
F. IMPLEMENTATION -RELATED ISSUES AND CONCERNS  
56. In their Decision on Implementation-Relate d Issues and Concerns (WT/MIN(01)/17), 
Ministers agreed at Doha to take immediate action to address a number of implementation concerns of 
developing country Members.  They also agreed that outstanding implementation issues – a list of which was compiled in JOB(01)/152/Rev.1 – be a ddressed in accordance with paragraph 12 of the 
Doha Ministerial Declaration, either directly  under the specific negotiating mandates in the 
                                                     
 
 12 The Trade Negotiations Committee (TNC) in its meeting held on 28 January - 1 February 2002 
agreed that the review of all special and differential treatment provisions provided for in paragraph 44 of the 
Ministerial Declaration would be carried out by the Committee on Trade and Developm ent in Special Sessions. 
13 A description of the approach can be found in the Chairman's July 2005 report to the General 
Council (TN/CTD/13). 
 14 On the basis of consultations undertaken at the request of the General Council at its meeting in 
February 2003, the Chairman of the General Council had circulated a paper in which it was proposed that the 
88 Agreement-specific proposals be divided into three broad categories.  Category I would contain 38 proposals 
on which there appeared to be a greater likelihood of making recommendations and which appeared to have a greater developmental value.  Category II comprised 38 proposals, 27 of which had been made in areas on 
which mandated negotiations were ongoing, and another 11 which were referred to other relevant WTO bodies.  
Finally, Category III contained 12 proposals on which there appeared to be a wide divergence of views, and on which progress did not seem possible without a certain degree of redrafting of the original texts. 
15 The Special Session's February 2003 report to the General Council.  WT/COMTD/W/143 
 Page 17 
 
 
 Declaration (paragraph 12(a) issues16), or in the relevant Councils and Committees (paragraph 12(b) 
issues).  
57. A number of the issues being treated in the context of paragraph 12(b)17 include consideration 
of technical assistance for developing countries, exemptions, flexibilities and extension of transition 
periods.  Also included among the paragraph 12(b) i ssues are issues related to  the extension of the 
protection for geographical indications provided for in Article 23 of the TRIPS Agreement to products 
other than wines and spirits (GI extension).   
58. It should be noted that Members differ on thei r interpretation of paragraph 12(b).  Some 
Members are of the view that it already puts the issues concerned into the negotiations and under the 
Single Undertaking.  Others maintain that paragr aph 12(b) does not carry this meaning and that the 
question of whether or not these issues should form part of the Doha Round remains open.  This 
impasse has endured for some years. 
59. The 1 August 2004 Decision of the General Council (WT/L/579) mandated the Director-
General to continue with his consultative pr ocess on all outstanding implementation issues under 
paragraph 12(b).  Since that time, the work has proc eeded on two tracks.  The first track concerns all 
outstanding implementation issues except GI extensi on.  Based on initial cons ultations undertaken in 
October 2004, the Director-General requested the Chairpersons of concerned WTO bodies to act as 
his Friends, in line with the August 2004 Decision.  He asked them to carry out consultations, on his 
behalf, on the scope for progress on the issues relevant  to the WTO body they were chairing at that 
time.  On the second track (GI extension), the Dir ector-General requested Deputy Director-General 
Mr. Thomson Flôres to conduct, on his behalf, a tec hnical level process aimed at clarifying the issues 
related to GI extension, building on the work alr eady undertaken.  As requested at these consultations, 
the Secretariat recently prepared a factual compila tion of the issues raised and views expressed on 
issues related to GI extension since the matter was put on the Doha Work Programme 
(WT/GC/W/546 and TN/C/W/25). 
60. As part of the August 2004 Decision, the Director-General was asked to report to the TNC 
and General Council no later than May 2005.  In do ing so, he said that the picture was a mixed one, 
with more encouraging signs in some areas than in  others.  In some cases, ways in which Members 
could try to move forward had emerged which deser ved to be further explored.  He, therefore, 
suggested that the work should continue on both tracks and that he would report again to the July 2005 meetings of the TNC and General Council.  In July, howeve r, the Director-General reported 
that the overall situation had not evolved significantl y since May.  He, therefore, suggested to the 
General Council that his successor be requested to  continue the consultative processes after the 
summer break.  The General Council took note of the report by the Director-General. 
G. R
ULES  
1. Introduction 
61. The Doha Declaration contains a specific mandate in this area of the work of the WTO.  The 
mandate in Paragraph 28 of the D oha Declaration reads as follows: 
                                                      
16 The paragraph 12(a) issues are being taken up in the relevant negotiating bodies (i.e. the Special 
Session of the Committee on Agriculture and the Negotia ting Group on Rules).  This section focuses on the 
paragraph 12(b) issues. 
17 A total of 23 issues, as follows:  Balance of  Payments (2), Customs Valuation (5), Market 
Access (1), Safeguards (1), Techni cal Barriers to Trade (2), Trade-Related Investment Measures (4) and 
TRIPS (8).  These issues were compiled by the Secretariat in JOB(03)/121. WT/COMTD/W/143 
Page 18  
 
 "In light of experience and increasing application of these instruments by Members, 
we agree to negotiations aimed at clarifying and improving disciplines under [the Agreement on Anti-dumping] and [the Agre ement] on Subsidies and Countervailing 
Measures, while preserving the basic concep ts, principles and effectiveness of these 
Agreements and their instruments and objectiv es, and taking into account the needs of 
developing and least-dev eloped participants." 
62. The mandate also includes the issue of fisheries subsidies with an aim to  "clarify and improve 
WTO disciplines on fisheries subsidies, taking into account the importance of this sector to developing countries". 
63. In addition, the Rules negotiations also compri se the mandate in Paragraph 29 of the Doha 
Declaration on Regional Trade Agreements (RTAs) .  This mandate aimed at "clarifying and 
improving disciplines and procedures" applying to RT As specifically requests Members to "take into 
account the developmental aspects" of RTAs. 
64. The negotiations in the area of Rules are c onducted by the Rules Negotiating Group, this 
group has been meeting on regular basis since 2002 both formally and informally.  In the area of 
Anti-Dumping (AD), Subsidies and Countervailing M easures (SCM), including fisheries subsides, it 
is useful to note that the Secretariat has issued  a compilation of all proposals presented in the initial 
phase of the negotiations up to August 2003.
18  This compilation contains all of the proposals which 
have a direct reference to development issues and ha ve been made in the pre-Cancún period.  Also in 
this area, the Negotiating Group on Rules has embarked on a process of discussing informal 
elaborated proposals presented by Members.  Thes e informal elaborated proposals can be found in 
document series TN/RL/GEN/. 
2. Anti-Dumping 
65. This area of the rules negotiations has received the most attention to date.  The number of 
issues identified by Members as deserving clarification and improvement cover practically all Articles of the Agreement on Anti-Dumping.  The largest number of proposals on AD has been made by a 
group of Members which call themselves the "Friends  of Anti-Dumping Negotiations" or FANs.  This 
group includes both developing and developed Memb ers and calls for impr oved and strengthened 
disciplines on Anti-Dumping.  In addition to the FANs, several other Memb ers – both developing and 
developed – have tabled extensive propo sals and elaborated on anti-dumping rules. 
66. In terms of development-related proposals on AD, the issue of Special and Differential 
Treatment for Developing Countries has been raised.  A number of Members have proposed revisiting 
Article 15 of the Agreement on AD.  This provisi on calls for "special regard" to be given by 
developed country Members to the "special s ituation of developing country Members when 
considering the application of [anti-dumping] meas ures."  The FANs, for example, have proposed to 
develop the terms of Article 15 to make this provisi on fully operational and include provisions to give 
developing country Members meaningful and effec tive Special and Differential Treatment.  Another 
proposal on Article 15 was referred to the Group by the Chairman of the General Council in 
May 2003.  
67. Other proposals regarding developing countries ha ve been made on issues such as initiations 
of investigations, price undertakings, de minimis thresholds, lesser duty (mandatory application of the 
lesser-duty rule when applying AD measures on pr oducts from developing countries), reviews and 
other areas of the AD Agreement. 
                                                     
 
18 TN/RL/W/143.  WT/COMTD/W/143 
 Page 19 
 
 
 68. Some developing country Members have express ed concerns in the Group about negotiating 
AD disciplines which would be too difficult to be a pplied in practice.  These Members have stated 
that, having recently established an AD authority and having little experience in the application of the 
current rules, they would have difficulties in a pplying even more complex procedures in terms of 
investigation requirements etc. 
69. Finally, a number of proposals on increased transparency and due process in the conduct of 
AD investigations have been made which, althoug h not expressly relating to development, might be 
considered as having "developmental aspects".  
3. Subsidies and Countervailing Measures 
70. The proposals on Subsidies a nd Countervailing Measures may be divided into two main 
areas:  (1) the disciplines on Governments' subsidies programmes, which we usually call the 
"subsidies disciplines";  and (2) the disciplines on the application of countervailing duties (CVD). 
71. Most of the proposals on countervailing measures presented to the Group relate, at least to 
some extent, to proposals on AD.  No specific proposals on development have been tabled in the area of CVD. 
72. In the area of subsidies disciplines, a number of development-related proposals have been 
tabled.  Approximately 20 proposals relating to  Article 27 of the Agreement on Subsidies and 
Countervailing Measures (SCM Agreement) have been  tabled, including a number that were referred 
to the Group by the Chairman of the General C ouncil in May 2003.  Article 27 establishes rules for 
Special and Differential Treatment for Developing  Countries and contains a series of special 
provisions and waivers of obligations.  Most of the proposals on Article 27 basically call for more 
flexibility in terms of allowing governments to have recourse to different categories of subsidies as an 
instrument of development.  It has also b een proposed to reintroduce Article 8 of the SCM 
Agreement, relating to non-actionable subsidies,  and to add to a new category of non-actionable 
subsidies (assistance to product diversifica tion), when applied by developing countries. 
73. Another issue relating to development which is being discussed in the area of subsidy 
disciplines concerns the Illustrative List of E xport Subsidies (Annex I to the SCM Agreement), 
specifically to items (j) and (k) which contain ru les governing the use of government export credits 
and government export credit guarantees.  The changes th at are being proposed to items (j) and (k) of 
the Illustrative List with a view to ensuring pro cedural fairness for developing country Members who 
are not participants in the OECD Arrangement on Guidelines for Officially Supported Export Credits 
which is incorporated by reference in those items , as well as rebalancing the current rules which are 
perceived as favouring Members with higher cr edit ratings (mostly developed countries). 
4. Fisheries Subsidies 
74. The issue of fisheries subsidies is the area of  the Rules Negotiations in which Members have 
most clearly identified "sustainable development" aspects of their proposals.  The initial proponents of 
disciplines on fisheries subsidies are a group of Me mbers who call themselves "the Friends of Fish".  
These Members call for strengthened disciplines on subsidies related to fisheries, in view of both 
trade concerns and concerns with over-explo itation, over-fishing and resource management. 
75. Discussions on fisheries subsidies currently focu s on the types of fisheries subsidies and their 
categorization in order to establish the degree of restrictiveness or permis siveness that should be 
applied to the various categories identified based on their effects on international trade and sustainable 
development.  For example one of the proposals calls  for determining "the scope of subsidies to be 
negotiated in order to give [differe ntial consideration] to subsidies of  different natures and effects on WT/COMTD/W/143 
Page 20  
 
 trade, environment and sustainable development".  Another proposal aims "to provide for the review 
of the lists of "prohibited" and "p ermitted" subsidies, both in terms of their operation and to consider 
whether they should be modified to further advance the ultimate aim, which is  to match capacity to 
the available fish and so contribute to the sustainable exploitation of fishery resources". 
76. An issue which has been the subject of discussions  in the context of the negotiations is the 
appropriateness of adopting rules that would give special and deferential treatment to developing 
countries by means of additional flexibility in the use of certain kinds of fisheries subsidies.  The need 
to take into account the legitimate interests of developing Members in formulating disciplines has 
been widely recognized in the Group, and a wide va riety of proposals have been submitted, including 
a recent comprehensive proposal on S&D.  In this context it is wo rth mentioning a paper from a group 
of Small Vulnerable Coastal States (all of them developing or least-developed countries), identifying 
the following issues as concerns to the Small Vuln erable Coastal States:  1) revenue generation from 
access fees;  2) domestic and foreign fishers operati ng for export in the exclusive economic zone and 
territorial sea to supply canneries, loining facilities and domestic processing facilities;  and 3) artisanal fisheries for export and domestic markets, and a dvancing specific proposals to address those concerns. 
77. In the negotiations on fisheries subsidies, th e question of sustainable development is very 
much at the forefront of the discussions. 
5. Regional Trade Agreements 
78. The Doha Declaration also contains a nego tiating mandate on the issue of regional trade 
agreements (RTAs).  Paragraph 29 of the Doha D eclaration contains an agreement by Members to 
conduct negotiations "aimed at clarifying and im proving disciplines and procedures under existing 
WTO provisions applying to regional trade agreements".   One important aspect of this mandate is that 
it expressly directs Members to "take into account the developmental aspects of regional trade 
agreements". 
79. The negotiations on RTAs have been divided into  two main areas:  RTAs transparency and 
RTAs systemic issues.  Priority has been given to the transparency issues and this is the area of the 
negotiations on RTAs where there has been most progress.
  
80. The developmental aspects of RT As have been important to the Group's work, mainly in two 
areas:  the place of RTAs notified under the Enabling Clause vis-à-vis  any improved RTA's 
transparency and review process resulting from current  negotiations;  and the inclusion of special and 
differential treatment (S&D) for developing countri es in some WTO provisions relating to RTAs. 
81. In the last two years, the Group has made consid erable progress in its consideration of various 
elements aimed at improving RTAs transparen cy. In particular, progress includes the early 
announcement of RTAs;  the timing of formal notifica tion;  a revived, more transparent and efficient 
RTA review process based on a factual presentation made by the Secretariat, instead of by the parties 
to the RTA as is currently the case (including the provision of relevant data);  and a streamlined process for subsequent notifications.  One issu e still pending concerns the scope of any new 
transparency process:  firstly, how to deal with those RTAs on which the CRTA has not been able to 
report;  and, secondly, the extent to which such a process would also apply to RTAs notified under the 
Enabling Clause.  This latter question embodies a number of other issues, concerning, for example, the role of WTO bodies in a revised transparency process, a possible adaptation of the procedures for 
Enabling Clause agreements, and technical assistance. 
82. The negotiations in the area of RTAs systemic issues
 have not reached the same level of 
progress as those on RTAs transparency.  There ha ve been some issues referred to during the 
discussions but it is not yet clear whether other s ubmissions will be tabled in the coming weeks.   WT/COMTD/W/143 
 Page 21 
 
 
 83. Nevertheless, among the systemic issues there have been some proposals having to do 
specifically with development.  Among these propo sals are three RTA-related proposals that were 
referred to the Negotiating Group on Rules by the Ch airman of the General Council in May 2003.  
They had been submitted by the African Group and by the LDCs and all referred to the 
Understanding on the Interpretation of Article XXIV of the GATT 1994 .  Since referral to the Group, 
these proposals have been considered at  two formal meetings in 2003.   
84. Several submissions by Members have dealt, inter alia , on possible development-related 
flexibilities, more recently those emanating fro m the European Communities (TN/RL/W/179) and 
China (TN/RL/W/185).  Some Members considered th at, though this matter was of major importance, 
the consideration of S&D elements should take pl ace at a later stage, once progress would have been 
achieved on other systemic issues, in particular with respect to a definition of the "substantially all the 
trade" requirement and of "transiti onal period" in GATT Article XXIV.  
85. One submission to the Group is fully devoted to  the developmental aspects of RTAs.  It was 
circulated by the ACP Group of States (TN/RL/W/155) .  That submission, contains a number of 
proposed additions and changes in GATT Article XX IV, the Understanding on the Interpretation of 
Article XXIV of GATT 1994 (19 94 Understanding), and the Enabling Clause, to incorporate 
additional flexibilities for developing countries.  The proposal by the ACP Group of States touches 
upon the following provisions and issues: 
• Article XXIV:8(a)(i) and (b) regarding the "substantially all the trade" requirement. 
• Article XXIV:5(c) and pa ragraph 3 of the 1994 U nderstanding regarding the 
"reasonable period of time" requirement. 
• Article XXIV:7 and paragraphs 7-10 of the 1994 Understanding regarding 
notification, reporting and review in th e Committee on Regional Trade Agreements. 
• Paragraph 12 of the 1994 Understa nding regarding dispute settlement. 
86. With regard to the Enabling Clause, the AC P Group of States proposes that Members reaffirm 
the legal validity of the Enabling Clause to c over regional trade arrangements entered into among 
developing countries (i.e. South-South agreements) to the effect that developing countries' right to 
form such arrangements under the Enabling Clause are not undermined by para graphs 5 to 9 of GATT 
Article XXIV. 
87. The proposal by the ACP Countries was discussed  in two formal meetings (TN/RL/M/15 and 
Corr.1 and M/16), and a formal submission was received commenting on it (TN/RL/W/165).  The 
ACP Group of States indicated that it is working on a new proposal, that would be more precise and would take into account many of the comments made by other Members.  In July 2005, the ACP Countries made a presentation recalling all major aspects of the proposal. 
H. T
RADE -RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS  
88. Those developing countries that have been activ e in the work of the Special Session of the 
Council for TRIPS have expressed diverging views about the merits of the proposals on the table for a multilateral system of notification and registration of geographical indications for wines and spirits, 
including on the implications for their developm ent.  A significant number of developing countries 
have yet to take a position and are still studying the va rious proposals, including as they relate to their 
own development. WT/COMTD/W/143 
Page 22  
 
 89. The discussion of special and differential treatme nt has been relatively limited so far.  The 
point has been made that the need for it would de pend, to a significant extent, on the nature and 
complexity of the basic notification and registra tion system to be chosen – which still remains 
unclear.  Nonetheless, there has been some discussi on of this issue, for example on the extent to 
which special and differential treatment in the pa yment of registration fees might be envisaged for 
developing and LDC participants. 
I. T
RADE AND ENVIRONMENT  
90. Paragraph 31 of the Doha Development Ag enda (DDA) represents the "environmental 
package" of the Doha Round.  It has three main components: 
− Negotiations on the relationship between WTO rules and Multilateral Environmental 
Agreements (MEAs); 
− Negotiations on how to enhance information ex change and cooperation between the WTO and 
MEAs, and on the granting of "observer st atus" to environmental organizations 
(paragraph 31(ii));  and  
− Negotiations on trade liberalization in environmental goods and services (paragraph 31(iii)). 
Paragraphs 31(i) and (ii) 
91. With respect to paragraph 31(i), the Committee on Trade and Environment in Special Session 
(CTESS) first attempted to develop a common unde rstanding of the negotiating mandate.  Various 
terms contained in the mandate were explored, such as "specific trade obligation" (STO) and 
"multilateral environmental agreement" (MEA).  In  parallel, discussions were held on the proposals 
relating to certain good governance principles aimed at ensuring mutual supportiveness of 
WTO-MEA regimes as a potential outcome for ne gotiations.  A process of national experience 
sharing was also initiated, in which Members, in cluding some developing countries, discussed their 
national experiences in the negotiation and dome stic implementation of STOs in MEAs.   
92. With respect to paragraph 31(ii), Members have before them a number of ideas exploring how 
to enhance information exchange and co-operation between the WTO and MEAs.  In the discussions, 
the synergies between paragraphs 31(i) and (ii) of the negotiating mandate have also been pointed to.  
Developing countries participated actively in th e negotiations with a number of them tabling 
submissions to clarify their positions  on this aspect of the negotiations.  
Paragraph 31(iii) 
93. With respect to paragraph 31(iii), since very  early on in the negotiations delegations 
recognized that there was some overlapping of the mandates of the CTESS and NAMA and Services 
negotiating bodies.  Since then, the CTESS's wo rk focussed on clarifying the concept of an 
environmental good, based on the submissions of the Me mbers. In total, nine lists of environmental 
goods have been tabled by various Members (New Zealand, the United States, Qatar, Japan, Chinese 
Taipei, Korea, the European Communities, Canada and Switzerland).  The lists are modelled on the 
APEC and OECD work with some proposed lists taking into account the development dimension by 
including, for instance, environmental goods of expor t interest to developing countries in the category 
of environmentally preferred products.  
94. Recently, India has come forward with the "e nvironmental project approach" according to 
which Members would identify at the national leve l the environmental goods and services that they 
wish to liberalize for the purposes of environmental projects.  Such projects could include those aimed  WT/COMTD/W/143 
 Page 23 
 
 
 at meeting national environmental objectives as well as objectives of any bilateral or multilateral 
environmental agreement.  Further submissions we re tabled by Cuba a nd Brazil focussing on the 
developmental aspects of the negotiations.  To assi st the CTESS in its discussion, the Secretariat 
prepared a compilation of the submissi ons made so far on paragraph 31(iii). 
95. Since the beginning of the negotiations many trade and environment regional workshops as 
well as national workshops have be en delivered according to the T echnical Assistance Annual Plan.  
In addition, a Special Workshop on Envir onment Goods was held in autumn 2004. 
J. DISPUTE SETTLEMENT UNDERSTANDING  
96. The negotiations on dispute settlement aim to "agree on improvements and clarifications" of 
the Dispute Settlement Understanding (DSU).  U nder paragraph 47 of the Declaration, these 
negotiations are not to be treated as part of a single undertaking.   
97. Overall, more than 40 proposals have been tabled in the DSB Special Session, covering 
virtually every provision of the DSU.  Many of these proposals have been submitted by developing 
countries or groups of developing countries, including  some Members that have not been active users 
of the dispute settlement system so far.  Proposal s put forward by developing country Members, like 
those of other Members, have been very diverse and related to all stages of the procedures.    
98. In addition, some proposals relating to the DSU which had been put forward in the CTD 
Special Session were forwarded to the DSB Special Session in May 2003.19  Also, it can be recalled 
that two of the proposals that had been provisionall y agreed upon in the context of the CTD Special 
Session related to dispute settlement.    
99. The positions of developing country Members in  the negotiations are not necessarily uniform.  
One key concern highlighted by a number of devel oping country Members in the early stages of the 
negotiations, however, is the need for developing c ountry Members to have effective access to the 
dispute settlement procedures.  In this context, it w as stressed that clarifications or improvements to 
the DSU should not lead to any reduction in the "accessibility" of dispute settlement procedures to 
developing country Members.  A number of the pr oposals presented by developing countries aim to 
ensure that developing country Members are able to participate effectively in dispute settlement 
proceedings and that specific developing country in terests are adequately taken into account at the 
various stages of proceedings.  This is reflected  in a variety of forms, including proposals for 
additional flexibility to be provided to developing c ountry Members party to a dispute in respect of 
timeframes at various stages of the proceedings, or  the enhancement of existing provisions for special 
and differential treatment.  Proposals have also b een made to assist developing countries overcome 
the financial and resource constraints they may face in taking part in dispute settlement proceedings, 
including through enhanced technical assistance.   
100. While special and differential treatment has theref ore been an integral part of the negotiations, 
many proposals put forward by developing country Members are not in the form of special and differential treatment.  Some of these may reflect  concerns which are of special significance to 
developing country Members as users of the disput e settlement mechanism.  Others, however, also 
reflect more general systemic concerns not intrinsi cally tied to a developmental dimension.  Indeed, 
given the systemic role and nature of disput e settlement procedures, and considering that a 
well-functioning dispute settlement system is in itsel f of interest to all WTO Members - especially 
less powerful trading partners - the interests of de veloping country Members in this negotiation are 
not limited to developmental aspects.  A number of proposals presented by developing country 
                                                     
 
19 The Chairman's report to the General Council on these issues is contained in TN/DS/13. WT/COMTD/W/143 
Page 24  
 
 Members reflect, more generally, a systemic aim of preserving and enhancing the effectiveness of 
dispute settlement procedures.
20       
101. The work of the Special Session over the last year has been primarily based on efforts by 
Members to work among themselves and develop areas of convergence, based on prior work.  In this 
context, a number of revised contributions ha ve been put forward by various Members, both 
developed and developing, and discussed in the Special Session.  Although no specific proposal 
relating to special and differential treatment as such has been put forward recently in this context, 
several delegations have indicated that they have been working on issues relating to the participation 
of developing country Members in WTO disput e settlement.  This work is still ongoing.21  In addition, 
it can be noted that some of the issues addressed in  revised contributions currently under discussion 
may be of particular interest to developing c ountry Members, without being development-related per 
se.  This is the case, for instance, for the enhanc ement of third-party ri ghts, which was initially 
proposed by a developing country Member and has been  perceived to be of pa rticular potential benefit 
to developing country Members.   
III. CONCLUDING REMARKS 
102. In an effort to assist Members with their di scussions concerning paragraph 51 of the Doha 
Ministerial Declaration, this document identifies some of the developmental aspects raised in the 
various DDA negotiating bodies and working groups.  Th e issues raised in the paper vary according to 
subject area but can be categorized into several broa d categories such as the n eed for longer transition 
periods, the need for greater flexibilities in natio nal policy making, the need for more technical 
assistance to address human resource or institutiona l or administrative constraints, differentiated 
treatment in complying with certain agreements  and exemptions from some WTO obligations.  
103. The needs identified in the paper reflect nati onal, regional or even broader developmental 
concerns which will need to be addressed in the cour se of the negotiations.  While the paper provides 
an overview of some of the key areas of concern, it by no means claims to provide an exhaustive coverage of all the developmental aspects of the ne gotiations.  Nor does it attempt to prioritize issues, 
subjects or concerns raised by individual Members or  groups of Members.  This overview is to be 
understood as a preliminary document and one whic h is to assist Members in their work and 
discussions on paragraph 51.  If Members so wish, the paper can be updated in due course to reflect 
new progress made on "developmental aspects" of  the DDA in the various negotiating bodies or 
working groups. 
__________ 
 
                                                     
 
20 A more detailed overview is reflected in WT/COMTD/M/48. 
21 See TN/DS/13.