UNCTAD 1 OVERVIEW OF THE DOHA WORK PROGRAMME ISSUES TO BE CONSIDERED BY DEVELOPING COUNTRIES Commercial Diplomacy Programme UNCTAD December 2001

UNCTAD 2 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 negotiating process. As in soccer it could be seen as the kick-off to the beginning of the game. 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 1 st, 2005, ie: the single undertaking has to be completed in 3 years

UNCTAD 3 The Work Programme Ahead is complex and ambitious because of: 1. the variety of issues and the deep implications for the trading system 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, etc.)

UNCTAD 4 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 1 st, 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 not specified in the Ministerial Decision on implementation).

UNCTAD 5 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.

UNCTAD 6 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.

UNCTAD 7 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. 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 The Work Programme contains a number of “development-related provisions” which reflect the interests of developing countries (2):

UNCTAD 8 The development content in the negotiations The development content in the negotiations Operational special and differential treatment provisions Operational special and differential treatment provisions The following are examples of technical work to be done to identify:

UNCTAD 9 Formulate provisions that materialise the concept of « food security » (a « development box »?) 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? How to ensure the phasing out of export subsidies, considering the different developing countries’ needs? In agriculture: In services: Identify measures that ensure the movement of professionals (a « GATS visa »?) Identify measures that ensure the movement of professionals (a « GATS visa »?) Identify the market access barriers in each sector of services Identify the market access barriers in each sector of services

UNCTAD 10 In tariffs: Give a specific meaning to « less than reciprocal » tariff reductions Give a specific meaning to « less than reciprocal » tariff reductions Take into account subregional commitments to preserve regional trade arrangements 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 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 (crucial year in the process) Many deadlines on implementation are 2002 (crucial year in the process)

UNCTAD 11 The main mandates on the Built- in Agenda: Agriculture The Ministerial Declaration sets new goals for the negotiations in this area: Substantial improvement in market access, Substantial improvement in market access, Phasing out all forms of export subsidies Phasing out all forms of export subsidies Substantial reductions in trade-distorting domestic support Substantial reductions in trade-distorting domestic support - Special and Differential Treatment Provisions to be agreed by 31/03/03 - Draft Schedules: before 5 th Ministerial Conference (2003)

UNCTAD 12 The main Mandates on the Built-in Agenda : Services Confirmation of the goals of article XIX, ie. continue the liberalization of trade in services Confirmation of the goals of article XIX, ie. continue the liberalization of trade in services Guidelines and Procedures, as adopted in March 2001 Guidelines and Procedures, as adopted in March 2001 Article IV on special and differential treatment Article IV on special and differential treatment Initial Requests to be submitted by: Initial Requests to be submitted by: Initial Offers to be submitted by: Initial Offers to be submitted by:

UNCTAD 13 Launching of new negotiations on: market access for non-agricultural products; market access for non-agricultural products; the WTO rules on: anti-dumping, subsidies and countervailing measures, regional agreements, fisheries subsidies; the WTO rules on: anti-dumping, subsidies and countervailing measures, regional agreements, fisheries subsidies; geographical indications in the framework of TRIPS; geographical indications in the framework of TRIPS; dispute settlement (improvements and clarifications) dispute settlement (improvements and clarifications)

UNCTAD 14 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 theright of countries to adopt non- distortive trade measures for the protection of human, animal or plant life or health, and of the environment "at the levels it considers appropriate”. Note that the Preamble of the Declaration has a strong language on the right of countries to adopt non- distortive trade measures for the protection of human, animal or plant life or health, and of the environment "at the levels it considers appropriate”. Launching of new negotiations on:

UNCTAD 15 trade and investment trade and investment trade and competition policy trade and competition policy transparency in government procurement transparency in government procurement trade facilitation 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”. The pre-negotiating stage agreed on the « Singapore issues »:

UNCTAD 16 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 The pre-negotiating stage agreed on the « Singapore issues »:

UNCTAD 17 Trade, Debt and Finance Trade, Debt and Finance Trade and transfer of technology 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 TRIPS. The « new » Doha Issues

UNCTAD 18 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? Is This Work Programme a “Development Round”? Final remarks

UNCTAD 19 Yes, Potential positive outcome could be achieved IF : Developing countries are successful in defining clear objectives and negotiating proposals in each topic. 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. 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. 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. Effective, targeted and operational S&D provisions are ensured in each topic.