WORLD TRADE  
ORGANIZATION  TN/RL/W/232 
28 May 2008 
 (08-2501) 
Negotiating Group on Rules  
 
 
 
WORKING DOCUMENT FROM THE CHAIRMAN  
 
 
 In November 2007 I issued a first draft of comprehensive texts in the Rules area which I 
explained were technical papers that were bracketed in their entirety.  Moreover, I indicated that they 
were not submitted for approval, whether in whole or in part.  To the contrary, I stated that their 
intended role was to serve as a basis for intensive,  technical and focussed discussion, and that they 
represented the first step in a new phase of negotiati ons in the Group.  It was evident when they were 
circulated, and it remains evident today, that these texts were the beginning of the negotiating process, 
not its culmination. 
 
 Since November, the Group has held intensive discu ssions on the basis of the draft texts.  We 
have  now completed our first reading of all of the i ssues contained in the texts, and, at the request of 
various delegations, we have revert ed to certain proposals advanced by delegations but not reflected 
in those texts.    
 There are sharply conflicting views on most of the issues reflected in the texts. On any given 
issue, some delegations consider that the text go es too far (or in the wrong direction altogether), 
others that it doesn't go far enough, others that the basic thrust is correct but that technical adjustments 
are required.  In addition, some delegations are unhappy that issues they consider important are not 
addressed in these texts.  In the area of fisheries subsidies, we are still wrestling with conceptual 
issues relating to the major building blocks of the di sciplines and how they fit together. In short, many 
delegations consider, for different  and sometimes contradictory reasons, that my draft texts do not 
reflect a satisfactory balance in the Rules negotiations.   
  Given this state of affairs, some delegations have requested that I issue revised texts at the 
earliest possible moment.  Although it remains my fi rm intention to revise these texts, I do not yet 
have a sufficient basis to do so. While I appreciat e the constructive dialogue that has taken place in 
the Group, I have received no hints on possibl e middle ground approaches nor suggestions for 
possible compromises or trade-offs.  I have therefore chosen -as an interim step forward- to table this 
working document, which takes the form of thr ee annexes relating to anti-dumping, horizontal 
subsidies and fisheries subsidies.  While these th ree annexes differ somewhat in form, due to the 
particularities of the different areas of our nego tiations, they all seek to convey in detail the full 
spectrum and intensity of the reactions to my first draf t texts and, to the extent possible, to identify the 
many suggested changes put forward by delegations.       Annex A relates to anti-dumping.  In the firs t column, and in response to repeated calls from 
some delegations to reflect all views and proposals, I consolidated all text-based proposals submitted 
to the Group up to the date of circulation of my  texts, as well as one new proposal, on Article 15, 
which had not until recently been the subject of signifi cant text-based proposals.  This consolidation is 
lengthy because I did not consider that it would be  appropriate for me to pick and choose among 
proposals in this context.  The second column shows the Chairman's text itself.  The third column 
summarizes delegations' reactions to the Chairman's  text, including a detaile d description of positions 
advanced by delegations, with specific references to  any positions submitted in the form of texts.  
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   Annex B relates to horizontal subsidies.  Becau se in this area fewer proposals were tabled and 
therefore fewer changes proposed in the Chairman 's text, I have not reproduced the entire SCM 
Agreement here, nor have I sought to produce a conso lidation.  Rather, the first column shows those 
portions of the Chairman's text where significant changes to the existing Agreement were proposed.  
The second column summarizes delegations' reactions  to the Chairman's text, including a detailed 
description of any positions submitted in the form of te xts.  I have also referred specifically to any 
pre-Chairman's text proposals not reflected in the Ch airman's text with respect to which delegations 
have sought further discussion and consideration.             Annex C relates to fisheries subsidies. As there is no existing WTO text on fisheries subsidies 
and therefore no agreed structure on the basis of whic h I could construct a consolidation, I have in the 
first column sought to identify the core issues in  the negotiations and included under each issue the 
relevant language proposed by dele gations, listed chronologically in  the order submitted.  Because 
new comprehensive proposals have been made since my  text was circulated, and in order to ensure 
that the full range of views are reflect ed, I have included in the first column all proposals submitted to 
the Group, whether made before or after my text  was circulated.  The second column contains my 
text, and the third column summarizes delegations' reactions to the Chairman's text.    It should be clear to all from this working document that the first draft Chairman's texts do 
not prejudge the results of these negotiations .  To the contrary, it is evident that all proposals and 
issues remain on the table , that there are very serious concerns on the part of many if not all 
delegations about the first drafts, a nd that their revision will be necessary.  As we steadily move from 
these first draft Chairman's texts (which were inte nded to provoke discussion on  the broad parameters 
of possible outcomes to the negotiations ) to draft final texts (which by nature will have to describe a 
gradually emerging consensus) we will need to fi nd compromises and balance. With that objective in 
mind I will continue our consultations.   
 
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