UNCTAD OVERVIEW OF THE DOHA WORK PROGRAMME ISSUES TO BE CONSIDERED BY DEVELOPING COUNTRIES Commercial Diplomacy Programme UNCTAD www.unctad.org/commdip December 2001 1 UNCTAD Doha Sets the “Stage” for the: 1- Continuation of the on-going negotiations on the “built-in agenda” 2- Launching of new negotiations 3- Preparation of possible negotiations in new issues 4- Resolution of the implementation issues. Doha marked the beginning of a multilateral negotiating process. As in soccer it could be seen as the kick-off to the beginning of the game. End of the game: January 1st, 2005, ie: the 2 UNCTAD The Work Programme Ahead is complex and ambitious because of: 1. the variety of issues and the implications for the trading system deep 2. Different deadlines to achieve the mandates 3. Both “traditional” and “new issues” as well as implementation issues 4. Important interface between the areas of the work programme (eg. services/government procurement; TRIPS/transfer of technology; AD/competition; agriculture/environment, 3 UNCTAD The Doha Conference sets the “rules of the game” by adopting: • The Ministerial Declaration, that sets the « work Programme » of negotiations to be completed by January 1st, 2005, and • The Ministerial Decisions on the implementation issues, TRIPS and public health, the waiver for the ACP/EC post-Cotonou agreements, and the waiver for the banana regime (until 2005) • An agreement to negotiate the « outstanding » implementation issues (that are 4 not specified in the Ministerial Decision on UNCTAD Some of the Decisions have immediate effects: • The agreed Decision on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and Public Health largely reflects the interests of developing countries and clarifies the flexibilities provided by the TRIPS Agreement regarding the trading of medicines. • The waiver for the ACP/EC post-Cotonou agreements allows to start these ACP/EC negotiations in a clear legal framework. 5 UNCTAD The Work Programme contains a number of “development-related provisions” which reflect the interests of developing countries (1): 1. a commitment to the “objective of duty free, quota free market access for products originating in LDCs” (ie: The commitments of the UN LDC III Conference were reaffirmed. ) The Integrated Framework is considered as a “viable model” for technical cooperation. 6 UNCTAD The Work Programme contains a number of “development-related provisions” which reflect the interests of developing countries (2): 2. The Declaration and the Decisions contain special and differential treatment provisions in almost all the areas, including a specific mandate on S/D to the WTO Committee on Trade and Development. 3. New WTO working groups on Transfer of technology and Trade, debt and finance 4. Technical cooperation 7 UNCTAD The following are examples of technical work to be done to identify: • The development content in the negotiations • Operational special and differential treatment provisions 8 In agriculture: UNCTAD • Formulate provisions that materialise the concept of « food security » (a « development box »?) • How to ensure the phasing out of export subsidies, considering the different developing countries’ needs? In services: • Identify measures that ensure the movement of professionals (a « GATS visa »?) • Identify the market access barriers in each sector of services 9 UNCTAD In tariffs: • Give a specific meaning to « less than reciprocal » tariff reductions • Take into account subregional commitments to preserve regional trade arrangements In implementation issues: • Almost all the issues raised by the Decision on implementation refer to specific problems identified by developing countries: each one of these problems requires an agreed solution • Many deadlines on implementation are 2002 10 (crucial year in the process) UNCTAD The main mandates on the Builtin Agenda: Agriculture The Ministerial Declaration sets new goals for the negotiations in this area: • Substantial improvement in market access, • Phasing out all forms of export subsidies • Substantial reductions in trade-distorting domestic support - Special and Differential Treatment Provisions to be agreed by 31/03/03 - Draft Schedules: before 5th Ministerial Conference (2003) 11 UNCTAD The main Mandates on the Built-in Agenda : Services • Confirmation of the goals of article XIX, ie. continue the liberalization of trade in services • Guidelines and Procedures, as adopted in March 2001 • Article IV on special and differential treatment • Initial Requests to be submitted by: 30-06-02 • Initial Offers to be submitted by: 31-03-03 12 Launching of new negotiations on: UNCTAD market access for non-agricultural products; the WTO rules on: anti-dumping, subsidies and countervailing measures, regional agreements, fisheries subsidies; geographical indications in the framework of TRIPS; dispute settlement (improvements and clarifications) 13 UNCTAD Launching of new negotiations on: Trade and Environment • On the relations between the Multilateral Environment Agreements (MEAs) and WTO Rules • On the reduction or elimination of tariff and non-tariff barriers to environmental goods and services. Note that the Preamble of the Declaration has a strong language on the right of countries to adopt nondistortive trade measures for the protection of human, animal or plant life or health, and of the environment 14 "at the levels it considers appropriate”. UNCTAD The pre-negotiating stage agreed on the « Singapore issues »: • trade and investment • trade and competition policy • transparency in government procurement • trade facilitation Members agreed that negotiations on these issues will take place after the Fifth Session of the Ministerial Conference 2003 on the basis of “a decision to be taken, by explicit consensus, at that Session on modalities of negotiations”. 15 UNCTAD The pre-negotiating stage agreed on the « Singapore issues »: The issues of investment and competition have been subject of discussion in UNCTAD since the 1970s . The Doha Ministerial Declaration provides for a specific role to UNCTAD in these areas: It is an opportunity to define a concrete development content to these issues from the beginning of the negotiations 16 UNCTAD The « new » Doha Issues • Trade, Debt and Finance • Trade and transfer of technology As proposed by the developing countries, two new WTO working groups will be established in these areas. Negotiations on these topics are not foreseen. The formulation of the terms of reference of these 2 working groups is crucial. Both issues are linked to the UN Conference on Financing for Development (Monterrey, March 2002), and to the implementation of 17 TRIPS. UNCTAD Final remarks Is This Work Programme a “Development Round”? I.e.: Does this Work Programme provide the potential to improve the multilateral trading system so as to enable developing countries to increase their share of world trade and pursue development policies? 18 Yes, Potential positive outcome could UNCTAD be achieved IF : • Developing countries are successful in defining clear objectives and negotiating proposals in each topic. • Developed countries provide resources for effective technical cooperation and capacity building. • Developing countries ensure coherence among the topics being negotiated from the point of view of their development strategies. • Effective, targeted and operational S&D provisions are ensured in each topic. 19