Some aspects of the Doha work program Baku, Azerbaijan February 2015

Outline  Reasons for the stalemate in the negotiations  Rules (see next few slides)  Implementation- Related Concerns and Issues of Developing Countries (see following slides).  LDC requests for Early Harvest  Services (see following slides)  Special & Differential Treatment (S&D) provisions

Reasons for the stalemate in the negotiations  Primarily because: clash of positions and paradigms. "new trade flows" Vs "development content".  Main areas of contention: level of ambition in agricultural reform; market access in industrial products; and services.

Other areas of the Doha Work Program – Anti Dumping  Rules: practice of zeroing by the US( which is totally opposed by all other WTO Members); public interest, the lesser duty rule and sunset review of the Anti Dumping Agreement.  (US- any final Rules agreement must address this issue, and be balanced and fair and not simply against one dumping system.)

Other areas of the Doha Work Program – Anti Dumping (2)  On the lesser duty rule (i.e. the use of AD duties adequate to remove injury to the domestic industry): proposal also by Japan et al to make it mandatory.  On consideration of public interest, Japan et al (developing and developed). Should make it mandatory.

Other areas of the Doha Work Program – Anti Dumping (3)  On sunset review, many call for an automatic termination of AD measures after a certain period of time.  (Under the ADA, AD measures shall be terminated no later than 5 years after its imposition, but can be extended after a so- called "sunset review"  Developing countries want S&D treatment in ADA- e.g. making price undertakings by exporters mandatory in any AD investigation brought by a developed against a developing country.

Other areas of the Doha Work Program – Implementation related issues(TRIPS)1 Implementation-related issues: Negotiations on a multilateral Register on GI- (Art 23.4, TRIPS): Significant progress recently, although still far from agreement, on registration and notifications. This is a good sign after nearly 18 years of nil progress.

Other areas of the Doha Work Program – Implementation related issues(TRIPS)2 Extension of G.Is to beyond wines and spirits. These consultations are being undertaken without prejudice to Members’ positions on the mandate or linkage to other TRIPS issues.

Other areas of the Doha Work Program – Implementation related issues(TRIPS)3 Review of TRIPS Art 27.3(b): Bolivia has submitted a proposal to the TRIPS Council calling for an urgent review of this Article, in order amongst others, to prohibit the patenting of all life forms, ensure the protection of innovations of indigenous and local farming communities and prevent anti-competitive practices that endanger food sovereignty in developing countries.

LDCs request for early harvest (1) Given the uncertainty on the conclusion of the DDA, LDCs in the WTO have been asking for early harvest for the following: a)Duty Free and Quota Free MA- that this be granted even without the commencement of the implementation period of the Doha Development Round. Simplified ROO for DFQF exports as well. a)Expedited WTO accession process/benchmarks for the 2002 LDC Guidelines on WTO accession.

LDCs request for early harvest (2) c)Elimination of the subsidies provided to cotton growers c)Waiver to allow for S&D treatment to be given to services and services suppliers from LDCs.

Other areas of the Doha Work Program( Services)  Domestic regulations (Art VI)- the necessity test; Emergency safeguards, Government procurement, Subsidies.  Request and Offer approach to be intensified.

Other areas of the Doha Work Program (S&D)  Strengthening all existing Special & Differential treatment proposals to make them legally enforceable  This is because almost all S&D treatment provisions in the Uruguay Round Agreements are on a "best endeavour basis" and constitute "soft law".

Thank You