14 November 2001
(01-5769)
1. The multilateral trading system embodied in the
World Trade Organization has contributed significantly to economic growth,
development and employment throughout the past fifty years. We are determined,
particularly in the light of the global economic slowdown, to maintain the
process of reform and liberalization of trade policies, thus ensuring that the
system plays its full part in promoting recovery, growth and development. We
therefore strongly reaffirm the principles and objectives set out in the
Marrakesh Agreement Establishing the World Trade Organization, and pledge to
reject the use of protectionism.
2. International trade can play a major role in
the promotion of economic development and the alleviation of poverty. We
recognize the need for all our peoples to benefit from the increased opportunities
and welfare gains that the multilateral trading system generates. The majority
of WTO Members are developing countries. We seek to place their needs and
interests at the heart of the Work Programme adopted in this Declaration.
Recalling the Preamble to the Marrakesh Agreement, we shall continue to make
positive efforts designed to ensure that developing countries, and especially
the least-developed among them, secure a share in the growth of world trade
commensurate with the needs of their economic development. In this context,
enhanced market access, balanced rules, and well targeted, sustainably financed
technical assistance and capacity-building programmes have important roles to
play.
3. We recognize the particular vulnerability of
the least-developed countries and the special structural difficulties they face
in the global economy. We are committed to addressing the marginalization of
least-developed countries in international trade and to improving their
effective participation in the multilateral trading system. We recall the
commitments made by Ministers at our meetings in Marrakesh, Singapore and
Geneva, and by the international community at the Third UN Conference on
Least-Developed Countries in Brussels, to help least-developed countries secure
beneficial and meaningful integration into the multilateral trading system and
the global economy.
We
are determined that the WTO will play its part in building effectively on these
commitments under the Work Programme we are establishing.
4. We stress our commitment to the WTO as the
unique forum for global trade rule-making and liberalization, while also
recognizing that regional trade agreements can play an important role in
promoting the liberalization and expansion of trade and in fostering development.
5. We are aware that the challenges Members face
in a rapidly changing international environment cannot be addressed through
measures taken in the trade field alone. We shall continue to work with the
Bretton Woods institutions for greater coherence in global economic
policy-making.
6. We strongly reaffirm our commitment to the
objective of sustainable development, as stated in the Preamble to the
Marrakesh Agreement. We are convinced that the aims of upholding and
safeguarding an open and non-discriminatory multilateral trading system, and
acting for the protection of the environment and the promotion of sustainable
development can and must be mutually supportive. We take note of the efforts by
Members to conduct national environmental assessments of trade policies on a
voluntary basis. We recognize that under WTO rules no country should be
prevented from taking measures for the protection of human, animal or plant
life or health, or of the environment at the levels it considers appropriate,
subject to the requirement that they are not applied in a manner which would
constitute a means of arbitrary or unjustifiable discrimination between
countries where the same conditions prevail, or a disguised restriction on
international trade, and are otherwise in accordance with the provisions of the
WTO Agreements. We welcome the WTO´s continued cooperation with UNEP and other
inter-governmental environmental organizations. We encourage efforts to promote
cooperation between the WTO and relevant international environmental and
developmental organizations, especially in the lead-up to the World Summit on
Sustainable Development to be held in Johannesburg, South Africa, in September
2002.
7. We reaffirm the right of Members under the
General Agreement on Trade in Services to regulate, and to introduce new
regulations on, the supply of services.
8. We reaffirm our declaration made at the
Singapore Ministerial Conference regarding internationally recognized core
labour standards. We take note of work under way in the International Labour
Organization (ILO) on the social dimension of globalization.
9. We note with particular satisfaction that this
Conference has completed the WTO accession procedures for China and Chinese
Taipei. We also welcome the accession as new Members, since our last Session,
of Albania, Croatia, Georgia, Jordan, Lithuania, Moldova and Oman, and note the
extensive market-access commitments already made by these countries on
accession. These accessions will greatly strengthen the multilateral trading
system, as will those of the 28 countries now negotiating their accession. We
therefore attach great importance to concluding accession proceedings as
quickly as possible. In particular, we are committed to accelerating the
accession of least-developed countries.
10. Recognizing the challenges posed by an
expanding WTO membership, we confirm our collective responsibility to ensure
internal transparency and the effective participation of all Members. While
emphasizing the intergovernmental character of the organization, we are
committed to making the WTO’s operations more transparent, including through
more effective and prompt dissemination of information, and to improve dialogue
with the public. We shall therefore at the national and multilateral levels
continue to promote a better public understanding of the WTO and to communicate
the benefits of a liberal, rules-based multilateral trading system.
11. In view of these considerations, we hereby agree
to undertake the broad and balanced Work Programme set out below. This
incorporates both an expanded negotiating agenda and other important decisions
and activities necessary to address the challenges facing the multilateral
trading system.
12. We attach the utmost importance to the
implementation-related issues and concerns raised by Members and are determined
to find appropriate solutions to them. In this connection, and having regard to
the General Council Decisions of 3 May and 15 December 2000, we further adopt
the
Decision
on Implementation-Related Issues and Concerns in document WT/MIN(01)/W/10 to
address a number of implementation problems faced by Members. We agree that
negotiations on outstanding implementation issues shall be an integral part of
the Work Programme we are establishing, and that agreements reached at an early
stage in these negotiations shall be treated in accordance with the provisions
of paragraph 47 below. In this regard, we shall proceed as follows: (a) where
we provide a specific negotiating mandate in this Declaration, the relevant
implementation issues shall be addressed under that mandate; (b) the other
outstanding implementation issues shall be addressed as a matter of priority by
the relevant WTO bodies, which shall report to the Trade Negotiations
Committee, established under paragraph 46 below, by the end of 2002 for
appropriate action.
13. We recognize the work already undertaken in the
negotiations initiated in early 2000 under Article 20 of the Agreement on
Agriculture, including the large number of negotiating proposals submitted on
behalf of a total of 121 Members. We recall the long-term objective referred to
in the
Agreement
to establish a fair and market-oriented trading system through a programme of
fundamental reform encompassing strengthened rules and specific commitments on
support and protection in order to correct and prevent restrictions and
distortions in world agricultural markets. We reconfirm our commitment to this
programme. Building on the work carried out to date and without prejudging the
outcome of the negotiations we commit ourselves to comprehensive negotiations
aimed at: substantial improvements in market access; reductions of, with a view
to phasing out, all forms of export subsidies; and substantial reductions in
trade-distorting domestic support. We agree 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 Schedules of concessions and
commitments and as appropriate in the rules and disciplines to be negotiated,
so as to be operationally effective and to enable developing countries to
effectively take account of their development needs, including food security
and rural development. We take note of the non-trade concerns reflected in the
negotiating proposals submitted by Members and confirm that non-trade concerns
will be taken into account in the negotiations as provided for in the Agreement
on Agriculture.
14. Modalities for the further commitments,
including provisions for special and differential treatment, shall be
established no later than 31 March 2003. Participants shall submit their
comprehensive draft Schedules based on these modalities no later than the date
of the Fifth Session of the Ministerial Conference. The negotiations, including
with respect to rules and disciplines and related legal texts, shall be
concluded as part and at the date of conclusion of the negotiating agenda as a
whole.
15. The negotiations on trade in services shall be
conducted with a view to promoting the economic growth of all trading partners
and the development of developing and least-developed countries. We recognize
the work already undertaken in the negotiations, initiated in January 2000
under Article XIX of the General Agreement on Trade in Services, and the large
number of proposals submitted by Members on a wide range of sectors and several
horizontal issues, as well as on movement of natural persons. We reaffirm the
Guidelines and Procedures for the Negotiations
adopted
by the Council for Trade in Services on 28 March 2001 as the basis for
continuing the negotiations, with a view to achieving the objectives of the
General Agreement on Trade in Services, as stipulated in the Preamble, Article
IV and Article XIX of that Agreement. Participants shall submit initial
requests for specific commitments by 30 June 2002 and initial offers by 31
March 2003.
16. We agree to negotiations which shall aim, by
modalities to be agreed, to reduce or as appropriate eliminate tariffs,
including the reduction or elimination of tariff peaks, high tariffs, and
tariff escalation, as well as non-tariff barriers, in particular on products of
export interest to developing countries. Product coverage shall be
comprehensive and without a priori exclusions. The negotiations shall
take fully into account the special needs and interests of developing and
least-developed country 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 below. To this end, the
modalities to be agreed will include appropriate studies and capacity-building
measures to assist least-developed countries to participate effectively in the
negotiations.
17. We stress the importance we attach to implementation
and interpretation of the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS Agreement) in a manner supportive of public health, by
promoting both access to existing medicines and research and development into
new medicines and, in this connection, are adopting a separate Declaration.
18. With a view to completing the work started in
the Council for Trade-Related Aspects of Intellectual Property Rights (Council
for TRIPS) on the implementation of Article 23.4, we agree to negotiate the
establishment of a multilateral system of notification and registration of
geographical
indications
for wines and spirits by the Fifth Session of the Ministerial Conference. We
note that issues related to the extension of the protection of geographical
indications provided for in Article 23 to products other than wines and spirits
will be addressed in the Council for TRIPS pursuant to paragraph 12 of this
Declaration.
19. We instruct the Council for TRIPS, in pursuing
its work programme including under the review of Article 27.3(b), the review of
the implementation of the TRIPS Agreement under Article 71.1 and the work
foreseen pursuant to paragraph 12 of this Declaration, to examine, inter alia,
the relationship between the TRIPS Agreement and the Convention on Biological
Diversity, the protection of traditional knowledge and folklore, and other
relevant new developments raised by Members pursuant to Article 71.1. In
undertaking this work, the TRIPS Council shall be guided by the objectives and
principles set out in Articles 7 and 8 of the TRIPS Agreement and shall take
fully into account the development dimension.
20. Recognizing the case for a multilateral
framework to secure transparent, stable and predictable conditions for
long-term cross-border investment, particularly foreign direct investment, that
will contribute to the expansion of trade, and the need for enhanced technical
assistance and capacity-building in this area as referred to in paragraph 21,
we agree that negotiations will take place after the Fifth Session of the
Ministerial Conference on the basis of a decision to be taken, by explicit
consensus, at that Session on modalities of negotiations.
21. We recognize the needs of developing and
least-developed countries for enhanced support for technical assistance and
capacity building in this area, including policy analysis and development so
that they may better evaluate the implications of closer multilateral
cooperation for their development policies and objectives, and human and
institutional development. To this end, we shall work in cooperation with other
relevant intergovernmental organizations, including UNCTAD, and through
appropriate regional and bilateral channels, to provide strengthened and
adequately resourced assistance to respond to these needs.
22. In the period until the Fifth Session, further
work in the Working Group on the Relationship Between Trade and Investment will
focus on the clarification of: scope and definition; transparency;
non-discrimination; modalities for pre-establishment commitments based on a
GATS-type, positive list approach; development provisions; exceptions and
balance-of-payments safeguards; consultation and the settlement of disputes
between Members. Any framework should reflect in a balanced manner the
interests of home and host countries, and take due account of the development
policies and objectives of host governments as well as their right to regulate
in the public interest. The special development, trade and financial needs of
developing and least-developed countries should be taken into account as an
integral part of any framework, which should enable Members to undertake
obligations and commitments commensurate with their individual needs and
circumstances. Due regard should be paid to other relevant WTO provisions.
Account should be taken, as appropriate, of existing bilateral and regional
arrangements on investment.
23. Recognizing the case for a multilateral
framework to enhance the contribution of competition policy to international
trade and development, and the need for enhanced technical assistance and
capacity-building in this area as referred to in paragraph 24, we agree that
negotiations will take place after the Fifth Session of the Ministerial
Conference on the basis of a decision to be taken, by explicit consensus, at
that Session on modalities of negotiations.
24. We recognize the needs of developing and least-developed
countries for enhanced support for technical assistance and capacity building
in this area, including policy analysis and development so that they may better
evaluate the implications of closer multilateral cooperation for their
development policies and objectives, and human and institutional development.
To this end, we shall work in cooperation with other relevant intergovernmental
organizations, including UNCTAD, and through appropriate regional and bilateral
channels, to provide strengthened and adequately resourced assistance to
respond to these needs.
25. In the period until the Fifth Session, further
work in the Working Group on the Interaction between Trade and Competition
Policy will focus on the clarification of: core principles, including
transparency, non-discrimination and procedural fairness, and provisions on
hardcore cartels; modalities for voluntary cooperation; and support for
progressive reinforcement of competition institutions in developing countries
through capacity building. Full account shall be taken of the needs of
developing and least-developed country participants and appropriate flexibility
provided to address them.
26. Recognizing the case for a multilateral
agreement on transparency in government procurement and the need for enhanced
technical assistance and capacity building in this area, we agree that
negotiations will take place after the Fifth Session of the Ministerial
Conference on the basis of a decision to be taken, by explicit consensus, at
that Session on modalities of negotiations. These negotiations will build on
the progress made in the Working Group on Transparency in Government
Procurement by that time and take into account participants’ development
priorities, especially those of least-developed country participants.
Negotiations shall be limited to the transparency aspects and therefore will
not restrict the scope for countries to give preferences to domestic supplies
and suppliers. We commit ourselves to ensuring adequate technical assistance
and support for capacity building both during the negotiations and after their
conclusion.
27. Recognizing the case for further expediting the
movement, release and clearance of goods, including goods in transit, and the
need for enhanced technical assistance and capacity building in this area, we
agree that negotiations will take place after the Fifth Session of the
Ministerial Conference on the basis of a decision to be taken, by explicit
consensus, at that Session on modalities of negotiations. In the period until
the Fifth Session, the Council for Trade in Goods shall review and as
appropriate, clarify and improve relevant aspects of Articles V, VIII and X of
the GATT 1994 and identify the trade facilitation needs and priorities of
Members, in particular developing and least-developed countries. We commit
ourselves to ensuring adequate technical assistance and support for capacity
building in this area.
28. In the light of experience and of the increasing
application of these instruments by Members, we agree to negotiations aimed at
clarifying and improving disciplines under the Agreements on Implementation of
Article VI of the GATT 1994 and on Subsidies and Countervailing Measures,
while
preserving the basic concepts, principles and effectiveness of these Agreements
and their instruments and objectives, and taking into account the needs of
developing and least-developed participants. In the initial phase of the
negotiations, participants will indicate the provisions, including disciplines
on trade distorting practices, that they seek to clarify and improve in the
subsequent phase. In the context of these negotiations, participants shall also
aim to clarify and improve WTO disciplines on fisheries subsidies, taking into
account the importance of this sector to developing countries. We note that
fisheries subsidies are also referred to in paragraph 31.
29. We also agree to negotiations aimed at
clarifying and improving disciplines and procedures under the existing WTO
provisions applying to regional trade agreements. The negotiations shall take
into account the developmental aspects of regional trade agreements.
30. We agree to negotiations on improvements and
clarifications of the Dispute Settlement Understanding. The negotiations should
be based on the work done thus far as well as any additional proposals by
Members, and aim to agree on improvements and clarifications not later than May
2003, at which time we will take steps to ensure that the results enter into
force as soon as possible thereafter.
31. With a view to enhancing the mutual
supportiveness of trade and environment, we agree to negotiations, without
prejudging their outcome, on:
(i) the relationship between existing WTO rules
and specific trade obligations set out in multilateral environmental agreements
(MEAs). The negotiations shall be limited in scope to the applicability of such
existing WTO rules as among parties to the MEA in question. The negotiations
shall not prejudice the WTO rights of any Member that is not a party to the MEA
in question;
(ii) procedures for regular information exchange
between MEA Secretariats and the relevant WTO committees, and the criteria for
the granting of observer status;
(iii)
the
reduction or, as appropriate, elimination of tariff and non-tariff barriers to
environmental goods and services.
We note that fisheries
subsidies form part of the negotiations provided for in paragraph 28.
32. We instruct the Committee on Trade and
Environment, in pursuing work on all items on its agenda within its current
terms of reference, to give particular attention to:
(i) the effect of environmental measures on market
access, especially in relation to developing countries, in particular the
least-developed among them, and those situations in which the elimination or
reduction of trade restrictions and distortions would benefit trade, the
environment and development;
(ii)
the
relevant provisions of the Agreement on Trade-Related Aspects of Intellectual
Property Rights; and
(iii)
labeling
requirements for environmental purposes.
Work on these issues should include the
identification of any need to clarify relevant WTO rules. The Committee shall
report to the Fifth Session of the Ministerial Conference, and make
recommendations, where appropriate, with respect to future action, including
the desirability of negotiations. The outcome of this work as well as the
negotiations carried out under paragraph 31(i) and (ii) shall be compatible
with the open and non-discriminatory nature of the multilateral trading system,
shall not add to or diminish the rights and obligations of Members under
existing WTO agreements, in particular the Agreement on the Application of
Sanitary and Phytosanitary Measures, nor alter the balance of these rights and
obligations, and will take into account the needs of developing and
least-developed countries.
33. We recognize the importance of technical
assistance and capacity building in the field of trade and environment to
developing countries, in particular the least-developed among them. We also
encourage that expertise and experience be shared with Members wishing to
perform environmental reviews at the national level. A report shall be prepared
on these activities for the Fifth Session.
34. We take note of the work which has been done in
the General Council and other relevant bodies since the Ministerial Declaration
of 20 May 1998 and agree to continue the Work Programme on Electronic Commerce.
The work to date demonstrates that electronic commerce creates new challenges
and opportunities for trade for Members at all stages of development, and we
recognize the importance of creating and maintaining an environment which is
favourable to the future development of electronic commerce. We instruct the
General Council to consider the most appropriate institutional arrangements for
handling the Work Programme, and to report on further progress to the Fifth
Session of the Ministerial Conference. We declare that Members will maintain
their current practice of not imposing customs duties on electronic
transmissions until the Fifth Session.
35. We agree to a work programme, under the auspices
of the General Council, to examine issues relating to the trade of small
economies. The objective of this work is to frame responses to the
trade-related issues identified for the fuller integration of small, vulnerable
economies into the multilateral trading system, and not to create a
sub-category of WTO Members. The General Council shall review the work
programme and make recommendations for action to the Fifth Session of the
Ministerial Conference.
36. We agree to an examination, in a Working Group
under the auspices of the General Council, of the relationship between trade,
debt and finance, and of any possible recommendations on steps that might be
taken within the mandate and competence of the WTO to enhance the capacity of
the
multilateral
trading system to contribute to a durable solution to the problem of external
indebtedness of developing and least-developed countries, and to strengthen the
coherence of international trade and financial policies, with a view to safeguarding
the multilateral trading system from
the effects of financial and monetary instability. The General Council shall
report to the Fifth Session of the Ministerial Conference on progress in the
examination.
37. We agree to an examination, in a Working Group
under the auspices of the General Council, of the relationship between trade
and transfer of technology, and of any possible recommendations on steps that
might be taken within the mandate of the WTO to increase flows of technology to
developing
countries. The General Council shall report to the Fifth Session of the
Ministerial Conference on progress in the examination.
38. We confirm that technical cooperation and
capacity building are core elements of the development dimension of the
multilateral trading system, and we welcome and endorse the New Strategy for
WTO Technical Cooperation for Capacity Building, Growth and Integration. We
instruct
the
Secretariat, in coordination with other relevant agencies, to support domestic
efforts for mainstreaming trade into national plans for economic development
and strategies for poverty reduction. The delivery of WTO technical assistance
shall be designed to assist developing and least-developed countries and
low-income countries in transition to adjust to WTO rules and disciplines,
implement obligations and exercise the rights of membership, including drawing
on the benefits of an open, rules-based multilateral trading system. Priority shall
also be accorded to small, vulnerable, and transition economies, as well as to
Members and Observers without representation in Geneva. We reaffirm our support
for the valuable work of the International Trade Centre, which should be
enhanced.
39. We underscore the urgent necessity for the
effective coordinated delivery of technical assistance with bilateral donors,
in the OECD Development Assistance Committee and relevant international and
regional intergovernmental institutions, within a coherent policy framework and
timetable. In the coordinated delivery of technical assistance, we instruct the
Director-General to consult with the relevant agencies, bilateral donors and
beneficiaries, to identify ways of enhancing and rationalizing the Integrated
Framework for Trade-Related Technical Assistance to Least-Developed
Countries
and the Joint Integrated Technical Assistance Programme (JITAP).
40. We agree that there is a need for technical
assistance to benefit from secure and predictable funding. We therefore
instruct the Committee on Budget, Finance and Administration to develop a plan
for adoption by the General Council in December 2001 that will ensure long-term
funding for WTO technical assistance at an overall level no lower than that of
the current year and commensurate with the activities outlined above.
41. We have established firm commitments on
technical cooperation and capacity building in various paragraphs in this
Ministerial Declaration. We reaffirm these specific commitments contained in
paragraphs 16, 22, 25-27, 33, 38-40, 42 and 43, and also reaffirm the
understanding in paragraph 2 on the important role of sustainably financed
technical assistance and capacity-building programmes.
We
instruct the Director-General to report to the Fifth Session of the Ministerial
Conference, with an interim report to the General Council in December 2002 on
the implementation and adequacy of these commitments in the identified
paragraphs.
42. We acknowledge the seriousness of the concerns
expressed by the least-developed countries (LDCs) in the Zanzibar Declaration
adopted by their Ministers in July 2001. We recognize that the integration of
the LDCs into the multilateral trading system requires meaningful market
access, support for the diversification of their production and export base,
and trade-related technical assistance and capacity building. We agree that the
meaningful integration of LDCs into the trading system and the global economy
will involve efforts by all WTO Members. We commit ourselves to the objective
of duty-free, quota-free market access for products originating from LDCs. In
this regard, we welcome the significant market access improvements by WTO
Members in advance of the Third UN Conference on LDCs (LDC-III), in Brussels,
May 2001. We further commit ourselves to consider additional measures for
progressive improvements in market access for LDCs. Accession of LDCs remains a
priority for the Membership. We agree to work to facilitate and accelerate
negotiations with acceding LDCs. We instruct the Secretariat to reflect the
priority we attach to LDCs’ accessions in the annual plans for technical
assistance. We reaffirm the commitments we undertook at LDC-III, and agree that
the WTO should take into account, in designing its work programme for LDCs, the
trade-related elements of the Brussels Declaration and programme of Action,
consistent with the WTO’s mandate, adopted at LDC-III. We instruct the
Sub-Committee for Least-Developed Countries to design such a work programme and
to report on the agreed work programme to the General Council at its first
meeting in 2002.
43. We endorse the Integrated Framework for
Trade-Related Technical Assistance to Least-Developed Countries (IF) as a viable
model for LDCs’ trade development. We urge development partners to
significantly increase contributions to the IF Trust Fund and WTO
extra-budgetary trust
funds
in favour of LDCs. We urge the core agencies, in coordination with development
partners, to explore the enhancement of the IF with a view to addressing the
supply-side constraints of LDCs and the extension of the model to all LDCs,
following the review of the IF and the appraisal of the ongoing Pilot Scheme in
selected LDCs. We request the Director-General, following coordination with
heads of the other agencies, to provide an interim report to the General
Council in December 2002 and a full report to the Fifth Session of the
Ministerial Conference on all issues
affecting LDCs.
44. We reaffirm that provisions for special and
differential treatment are an integral part of the WTO Agreements. We note the
concerns expressed regarding their operation in addressing specific constraints
faced by developing countries, particularly least-developed countries. In that
connection, we also note that some Members have proposed a Framework Agreement
on Special and Differential Treatment (WT/GC/W/442). We therefore agree that
all special and differential treatment provisions shall be reviewed with a view
to strengthening them and making them more precise, effective and operational.
In this connection, we endorse the work programme on special and differential
treatment set out in the Decision on
Implementation-Related Issues and Concerns.
45. The negotiations to be pursued under the terms
of this Declaration shall be concluded not later than 1 January 2005. The Fifth
Session of the Ministerial Conference will take stock of progress in the
negotiations, provide any necessary political guidance, and take decisions as
necessary. When the results of the negotiations in all areas have been
established, a Special Session of the Ministerial Conference will be held to
take decisions regarding the adoption and implementation of those results.
46. The overall conduct of the negotiations shall
be supervised by a Trade Negotiations Committee under the authority of the
General Council. The Trade Negotiations Committee shall hold its first meeting
not later than 31 January 2002. It shall establish appropriate negotiating
mechanisms as required and supervise the progress of the negotiations.
47. With the exception of the improvements and
clarifications of the Dispute Settlement Understanding, the conduct, conclusion
and entry into force of the outcome of the negotiations shall be treated as
parts of a single undertaking. However, agreements reached at an early stage
may be
implemented
on a provisional or a definitive basis. Early agreements shall be taken into
account in assessing the overall balance of the negotiations.
48. Negotiations shall be open to:
(i) all Members of the WTO; and
(ii) States and separate customs territories
currently in the process of accession and those that inform Members, at a
regular meeting of the General Council, of their intention to negotiate the
terms of their membership and for whom an accession working party is
established.
Decisions
on the outcomes of the negotiations shall be taken only by WTO Members.
49. The negotiations shall be conducted in a
transparent manner among participants, in order to facilitate the effective
participation of all. They shall be conducted with a view to ensuring benefits
to all participants and to achieving an overall balance in the outcome of the
negotiations.
50. The negotiations and the other aspects of the
Work Programme shall take fully into account the principle of special and
differential treatment for developing and least-developed countries embodied
in: Part IV of the GATT 1994; the Decision of 28 November 1979 on Differential
and
More
Favourable Treatment, Reciprocity and Fuller Participation of Developing
Countries; the Uruguay Round Decision on Measures in Favour of Least-Developed
Countries; and all other relevant WTO provisions.
51. The Committee on Trade and Development and the
Committee on Trade and Environment shall, within their respective mandates,
each 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.
52. Those elements of the Work Programme which do
not involve negotiations are also accorded a high priority. They shall be
pursued under the overall supervision of the General Council, which shall
report on progress to the Fifth Session of the Ministerial Conference.