1. DOHA NEGOTIATING AGENDA Update on State of Play and Developing South Africa’s Negotiating Position

2. Presentation Content Scope of Negotiations/Work Programme Context (Current) Negotiating Bodies – Issues/Timetable Elements for Consultative Process Phased approach Challenges, Strategy and Linkages

3. Negotiating Groups (Special Sessions) The Scope of Negotations Agriculture Services Intellectual Property Rights (TRIPs) Non-Agricultural Market Access (industrial tariffs) Rules (Anti-Dumping, Subsidies, Regional Arrangements, Fisheries) Trade & Environment

4. Negotiating Groups (Special Sessions ) Special & Differential Treatment (Report to General Council with Recommendations by July 2002) Dispute Settlement (not part of single undertaking – deadline – May 2003)

5. Possible Negotiations Decision at 5 th MC (10 – 14 Sept 2003): Trade & Investment Trade & Competition Transparency in Government Procurement Trade Facilitation Working Groups Recommendation to 5 th MC: Small Economies Trade Debt & Finance Trade & Technology Transfer

6. Context (current) Broad Agenda Impetus/dates to Mandated Negotiations Focus on Negotiating Procedures/Timetable Window for domestic preparations US Farm Bill Steel Implications

7. Issue – Agriculture (1) Market access – tariffs, NTBs (SPS) Domestic support - phase down commitments/tighten disciplines Export subsidies - Reductions/elimination Non-trade concerns – environment, rural development, food security (others?) Special and Differential Treatment

8. Issue - Agriculture (2) 2002 Special Sessions Timetable: June – export subsidies & restrictions Early Sept – market access Late Sept – domestic support 18 Dec – Circulation of Chair’s Overview Paper

9. Issue - Agriculture (3) 2003 Timetable: January: comprehensive review based on overview ; first draft of modalities document February – comments on first draft and redrafting 31 March – deadline for modalities.

10. Issue – Services (1) Market access Requests Offers Focus: increase commitments & remove limitations Rules (applicable to all services) Classification of services Domestic regulation ESM Subsidies Government procurement

11. Issue - Services (2) Time table Initial requests for specific commitments – 30 June 2002 Initial offers of specific commitments – 31 March 2003 Rules negotiations - ongoing Sevices Weeks with Special Sessions – Every Quarter Key players Communications, Treasury, Transport, DEAT, Minerals and Energy, Health, Education

12. Issue – TRIPs (1) Public Health Declaration Compulsory licensing without manufacturing capacity (end 2002) Geographic Indications Register of GIs for Wines & Spirits (negotiations) Expansion of List of products for higher protection (discussion)

13. Issue – TRIPs (2) Art 27.3(b) exclusion from patentability of plants & animals and essentially biological processes Compulsory patenting of micro-organisms; non- biological and microbiological processes. Protection of plant varieties by patents or sui generis system. Implications – biotechnology, food security, biodiversity, traditional knowledge

14. Issue – TRIPs (3) Non-violation Compliants Dispute based on loss of benefit caused when when no WTO agreement or commitment has actually been violated Technology transfer for LDCs (Article 66) Measures to encourage technology transfer to LDCs

15. Issue - TRIPs (4 ) Timetable: By 5 th Ministerial – recommendations on the scope and modalities for non-violation complaints; Register End 2002 – mechanism to effect Article 66 provisions Key players: NDA; DACST; DEAT; SA Law Society (IP Division); NGOs; Wine & Spirit Industry; Labour.

16. Issue - Non-Agricultural Market Access (1) Issues: Tariff peaks (Above average levels) Tariff escalation (escalating tariffs “lock in” low value-added production) High tariffs (Targeting Developing Countries Africa/South Asia) S & D (“less than full reciprocity”) Non-tariff barriers (TBT)

17. Issue - Non Agricultural Market Access (2) First phase of negotiations Agree on Modalities (method for tariff liberalisation) –Request/ offer; Formula; Sectoral –Combinations –New method Time table Agree on modalities before 5 th Ministerial Key players: BTT, NEDLAC

18. Issue – Rules (1) Anti-Dumping, Subsidies and Countervailing Measures, Regional Trade Agreements Clarify and improve disciplines First phase of negotiations Identify provisions for clarification and improvement Issues (AD & Subsidies) methods of calculation relationship between dumping and injury lesser duty rule Cumulation S&D

19. Issue – Rules (2) Subsidies Issues Non-actionable subsidies to include those for development? Equitable disciplines on export credits RTA issues “substantially all trade” RTAs between North and South (Art. XXIV)

20. Issue - Trade & Environment Mandate MEAs and WTO relationship Exchange of Information (MEAs and WTO) Market Access negotiations on environmental gods and services Recommendation to 5 th MC (other possible negotiations): Eco-labelling Linkages to TRIPs Linkages between market access, development and environment

21. Issue - Trade & Environment (2) Circumscribed negotiations Rules would apply only to Members of both WTO and MEA (i.e. not non-parties of MEAs) Must be compatible with open, non-discriminatory trade system Shall not add or diminish rights and obligations of Members (SPS, in particular) Account for developing countries needs Timetable: 2003 – other issues; 2005

22. Developing SA’s Negotiating Position Establish formal consultative process Identify key national players/stakeholders Prioritise six negotiating groups; i.e. those underway Identify negotiating issues per group Follow timeline for negotiations as agreed in Doha Define government approach – through IRPS Stakeholders to define their approach Stakeholder engagement in Nedlac

23. Phased Approach 1 st Phase (until September 2002) Define Government position Stakeholders to define positions 2 nd Phase (from September 2002 – March 2003) Nedlac engagement Wider engagements 3 rd Phase (after March 2003) Engage Geneva negotiations

24. Nedlac Task Teams Engagement to define SA’s negotiating position Six Task Teams (initally) Focused interaction around negotiating issues in the WTO negotiating bodies Preparation of consolidated national positions Process to Cabinet for Negotiating mandate

25. Challenges, Strategy and Linkages Domestic consultations/mechanism Research – empirical/technical/legal Forging an African Negotiating Agenda Linkages to Cotonou Negotiations Capacity building