 WORLD TRADE  
ORGANIZATION  WT/GC/W/5351 
31 July 2004  
 
(04-3291) 
General Council 
27 and 31 July 2004  
 
 
 
Doha Work Programme 
 
Draft General Council Decision of 31 July 2004 
 
 1. The General Council reaffirms the Ministerial Declarations and Decisions adopted at Doha 
and the full commitment of all Members to give e ffect to them.  The Council emphasizes Members' 
resolve to complete the Doha Work Programme fu lly and to conclude su ccessfully the negotiations 
launched at Doha.  Taking into account the Mi nisterial Statement adopted at Cancún on 
14 September 2003, and the statements by the Co uncil Chairman and the Director-General at the 
Council meeting of 15-16 December 2003, the Council takes note of the report by the Chairman of the 
Trade Negotiations Committee (TNC) and agrees to take action as follows:  
a. Agriculture :  the General Council adopts the frame work set out in Annex A to this 
document. 
 
b. Cotton :  the General Council reaffirms the importa nce of the Sectoral Initiative on Cotton 
and takes note of the parameters set out in Annex A within which the trade-related aspects of this 
issue will be pursued in the agriculture nego tiations.  The General Council also attaches 
importance to the development aspects of th e Cotton Initiative and wishes to stress the 
complementarity between the trade and development aspects.  The Council takes note of the 
recent Workshop on Cotton in Cotonou on 23-24 March 2004 organized by the WTO Secretariat, 
and other bilateral and multilateral efforts to  make progress on the development assistance 
aspects and instructs the Secretariat to continue to work with the development community and to 
provide the Council with periodic re ports on relevant developments. 
Members should work on related issues of deve lopment multilaterally with the international 
financial institutions, continue their bilateral programmes, and all developed countries are urged 
to participate.  In this regard, the General Counc il instructs the Director General to consult with 
the relevant international organizations, includi ng the Bretton Woods Institutions, the Food and 
Agriculture Organization and the International Trade Centre to direct effectively existing 
programmes and any additional resources toward s development of the economies where cotton 
has vital importance. 
 
c. Non-agricultural Market Access :  the General Council adopts the framework set out in 
Annex B to this document. 
 
d. Development : 
Principles :  development concerns form an integral pa rt of the Doha Ministerial Declaration.  
The General Council rededicates and recommits  Members to fulfilling the development 
dimension of the Doha Development Agenda, wh ich places the needs and interests of developing 
and least-developed countries at the heart of th e Doha Work Programme.  The Council reiterates 
the important role that enhanced market access, balanced rules, and well targeted, sustainably 
                                                     
 
1  This document is a revision of JOB(04)/96/Rev.1. WT/GC/W/535 
Page 2  
 
financed technical assistance and capacity bu ilding programmes can play in the economic 
development of these countries. 
Special and Differential Treatment :  the General Council reaffirms that provisions for special 
and differential (S&D) treatment are an integr al part of the WTO Agreements.  The Council 
recalls Ministers' decision in Doha to review  all S&D treatment provisions with a view to 
strengthening them and making them more pr ecise, effective and operational.  The Council 
recognizes the progress that has been made so fa r.  The Council instructs the Committee on Trade 
and Development in Special Session to expeditiously  complete the review of all the outstanding 
Agreement-specific proposals and report to the Ge neral Council, with clear recommendations for 
a decision, by July 2005.  The Council further inst ructs the Committee, within the parameters of 
the Doha mandate, to address all other outstandi ng work, including on the cross-cutting issues, 
the monitoring mechanism and the incorporation of  S&D treatment into the architecture of WTO 
rules, as referred to in TN/CTD/7 and repor t, as appropriate, to the General Council. 
The Council also instructs all WTO bodies to whic h proposals in Category II have been referred 
to expeditiously complete the consideration of  these proposals and report to the General Council, 
with clear recommendations for a decision, as soon as possible and no later than July 2005.  In 
doing so these bodies will ensure that, as far as possible, their meetings do not overlap so as to enable full and effective participation of  developing countries in these discussions. 
Technical Assistance :  the General Council recognizes the pr ogress that has been made since the 
Doha Ministerial Conference in expanding Trad e-Related Technical Assistance (TRTA) to 
developing countries and low-income countries in tran sition.  In furthering this effort the Council 
affirms that such countries, and in particular least-developed countries, should be provided with 
enhanced TRTA and capacity building, to in crease their effective participation in the 
negotiations, to facilitate their im plementation of WTO rules, and to enable them to adjust and 
diversify their economies.  In this context the Council welcomes and further encourages the 
improved coordination with other agencies, incl uding under the Integrated Framework for TRTA 
for the LDCs (IF) and the Joint Integrated  Technical Assistance Programme (JITAP).  
Implementation :  concerning implementation-related i ssues, the General Council reaffirms the 
mandates Ministers gave in paragraph 12 of th e Doha Ministerial Declaration and the Doha 
Decision on Implementation-Related Issues and C oncerns, and renews Members' determination 
to find appropriate solutions to outstanding issu es.  The Council instructs the Trade Negotiations 
Committee, negotiating bodies and other WTO bodies concerned to redouble their efforts to find 
appropriate solutions as a priority.  Without pr ejudice to the positions of Members, the Council 
requests the Director-General to continue with his consultative process on all outstanding 
implementation issues under paragraph 12(b) of th e Doha Ministerial Declaration, including on 
issues related to the extension of the protection of  geographical indications provided for in Article 
23 of the TRIPS Agreement to products other than wines and spirits, if need be by appointing 
Chairpersons of concerned WTO bodies as his Friends  and/or by holding dedicated consultations.  
The Director-General shall report to the TNC a nd the General Council no later than May 2005.  
The Council shall review progress and take any appropriate action no later than July 2005. 
Other Development Issues :  in the ongoing market access negotiations, recognising the 
fundamental principles of the WTO and releva nt provisions of GATT 1994, special attention 
shall be given to the specific trade and developm ent related needs and c oncerns of developing 
countries, including capacity constraints.  These pa rticular concerns of developing countries, 
including relating to food security, rural develo pment, livelihood, preferences, commodities and 
net food imports, as well as prior unilateral liberalis ation, should be taken into consideration, as 
appropriate, in the course of the Agriculture a nd NAMA negotiations.  The trade-related issues 
identified for the fuller integration of small, vulnerable economies into the multilateral trading 
system, should also be addressed, without creating a sub-category of Members, as part of a work 
programme, as mandated in pa ragraph 35 of the Doha Ministerial Declaration.  WT/GC/W/535 
 Page 3 
 
 
Least-Developed Countries :  the General Council reaffirms the commitments made at Doha 
concerning least-developed countries and renews its  determination to fulfil these commitments.  
Members will continue to take due account of the concerns of least-developed countries in the 
negotiations.  The Council confirms that nothing in this Decision shall detract in any way from 
the special provisions agreed by Members in respect of these countries. 
 
e. Services :  the General Council takes note of the re port to the TNC by the Special Session of 
the Council for Trade in Services2 and reaffirms Members' commitment to progress in this area of 
the negotiations in line with the Doha mandate .  The Council adopts the recommendations agreed 
by the Special Session, set out in Annex C to this document, on the basis of which further 
progress in the services negotiations will be pursued.   Revised offers should be tabled by May 
2005. 
 
f. Other negotiating bodies : 
Rules, Trade  & Environment and TRIPS :  the General Council takes note of the reports to the 
TNC by the Negotiating Group on Rules and by th e Special Sessions of the Committee on Trade 
and Environment and the TRIPS Council.3  The Council reaffirms Members' commitment to 
progress in all of these areas of the negotiations in line with the Doha mandates. 
Dispute Settlement :  the General Council takes note of the report to the TNC by the Special 
Session of the Dispute Settlement Body4 and reaffirms Members' commitment to progress in this 
area of the negotiations in line with the Doha mandate.  The Council adopts the TNC's 
recommendation that work in the Special Session should continue on the basis set out by the 
Chairman of that body in his report to the TNC. 
 
g. Trade Facilitation :  taking note of the work done on trade facilitation by the Council for 
Trade in Goods under the mandate in paragraph 27 of the Doha Ministerial Declaration and the 
work carried out under the auspices of the General Council both prior to the Fifth Ministerial 
Conference and after its conclusion, the Gene ral Council decides by explicit consensus to 
commence negotiations on the basis of the moda lities set out in Annex D to this document. 
Relationship between Trade and Investment, Interaction between Trade and Competition 
Policy and Transparency in Government Procurement :  the Council agrees that these issues, 
mentioned in the Doha Ministerial Declaration in paragraphs 20-22, 23-25 and 26 respectively, 
will not form part of the Work Programme set out in that Declaration and therefore no work 
towards negotiations on any of these issues will take place within the WTO during the Doha 
Round. 
 
h. Other elements of the Work Programme :  the General Council reaffirms the high priority 
Ministers at Doha gave to those elements of the Work Programme which do not involve 
negotiations.  Noting that a number of these issues ar e of particular interest to developing-country 
Members, the Council emphasizes its commitment to fulfil the mandates given by Ministers in all 
these areas.  To this end, the General Council a nd other relevant bodies shall report in line with 
their Doha mandates to the Sixth Session of the Ministerial Conference.  The moratoria covered 
by paragraph 11.1 of the Doha Ministerial Decision on Implementation-related Issues and 
Concerns and paragraph 34 of the Doha Minist erial Declaration are extended up to the Sixth 
Ministerial Conference. 
  
                                                     
 
2 This report is contained in document TN/S/16. 
3 The reports to the TNC referenced in this paragraph are contained in the following documents:  
Negotiating Group on Rules - TN/RL/9;  Special Session of the Committee on Trade and Environment - 
TN/TE/9;  Special Session of the Council for TRIPS - TN/IP/10. 
4 This report is contained in document TN/DS/10. WT/GC/W/535 
Page 4  
 
2. The General Council agrees that this Decisi on and its Annexes shall not be used in any 
dispute settlement proceeding under the DSU and sha ll not be used for interpreting the existing WTO 
Agreements.  3. The General Council calls on all Members to redouble their efforts towards the conclusion of 
a balanced overall outcome of the Doha Devel opment Agenda in fulfilment of the commitments 
Ministers took at Doha.  The Council agrees to con tinue the negotiations la unched at Doha beyond the 
timeframe set out in paragraph 45 of the Doha De claration, leading to the Sixth Session of the 
Ministerial Conference.  Recalling its decision of 21 October 2003 to accept the generous offer of the 
Government of Hong Kong, China to host the Sixt h Session, the Council further agrees that this 
Session will be held in December 2005. 
 
_______________ 
   WT/GC/W/535 
 Page A-1 
 
 
Annex A 
 
Framework for Establishing Modalities in Agriculture 
 
 
1. The starting point for the current phase of th e agriculture negotiations has been the mandate 
set out in Paragraph 13 of the Doha Ministerial Declaration. This in turn built on the long-term 
objective of the Agreement on Agriculture to estab lish a fair and market-oriented trading system 
through a programme of fundamental reform. The elements below offer the additional precision 
required at this stage of the negotia tions and thus the basis for the negotiations of full modalities in the 
next phase. The level of ambition set by the Doha  mandate will continue to be the basis for the 
negotiations on agriculture.  2. The final balance will be found only at the conclusion of these subsequent negotiations and 
within the Single Undertaking. To achieve this ba lance, the modalities to be developed will need to 
incorporate operationally effective and meaningful provisions for special and differential treatment for 
developing country Members. Agriculture is of critical importance to the economic development of 
developing country Members and they must be able to pursue agricultural policies that are supportive of their development goals, poverty reduction stra tegies, food security and livelihood concerns. Non-
trade concerns, as referred to in Paragraph 13 of  the Doha Declaration, will be taken into account. 
 
3. The reforms in all three pillars form an in terconnected whole and must be approached in a 
balanced and equitable manner.   4. The General Council recognizes the importance of cotton for a certain number of countries 
and its vital importance for developing countries, especially LDCs.  It will be addressed ambitiously, 
expeditiously, and specifically, within  the agriculture negotiations.  Th e provisions of this framework 
provide a basis for this approach, as does the sectoral  initiative on cotton.  The Special Session of the 
Committee on Agriculture shall ensure appropriate pr ioritization of the cotton issue independently 
from other sectoral initiatives.  A subcommittee on cotton will meet periodically and report to the 
Special Session of the Committee on Ag riculture to review progress.  Work shall encompass all trade-
distorting policies affecting the sector in all thr ee pillars of market access, domestic support, and 
export competition, as specified in the Doha text and this Framework text. 
 5. Coherence between trade and development asp ects of the cotton issue will be pursued as set 
out in paragraph 1.b of the text to  which this Framew ork is annexed. 
 
 
 DOMESTIC SUPPORT 
 
6. The Doha Ministerial Declaration calls for "s ubstantial reductions in trade-distorting domestic 
support". With a view to achieving these substantial reductions, the negotiations in this pillar will 
ensure the following: 
 
• Special and differential treatment remains an  integral component of domestic support. 
Modalities to be developed will include longe r implementation periods and lower reduction 
coefficients for all types of trade-distorting domestic support and continued access to the provisions under Article 6.2.  
 
• There will be a strong element of harmonisa tion in the reductions made by developed 
Members. Specifically, higher levels of perm itted trade-distorting domestic support will be 
subject to deeper cuts. WT/GC/W/535 
Page A-2  
 
 
• Each such Member will make a substantial reduc tion in the overall level of its trade-distorting 
support from bound levels. 
 
• As well as this overall commitment , Final Bound Total AMS and permitted de minimis  levels 
will be subject to substantial reductions and, in the case of the Blue Box, will be capped as 
specified in paragraph 15 in order to ensure results that are coherent with the long-term 
reform objective. Any clarification or devel opment of rules and conditions to govern trade 
distorting support will take this into account. 
 
 Overall Reduction: A Tiered Formula 
 
7. The overall base level of all trade-distorti ng domestic support, as measured by the Final 
Bound Total AMS plus permitted de minimis  level and the level agreed in  paragraph 8 below for Blue 
Box payments, will be reduced according to a tiered formula. Under this formula, Members having 
higher levels of trade-distorting domestic support will make greater overall reductions in order to 
achieve a harmonizing result.  As the first instal ment of the overall cut, in the first year and 
throughout the implementation period, the sum of all trade-distorting support will not exceed 80 per 
cent of the sum of Final B ound Total AMS plus permitted de minimis  plus the Blue Box at the level 
determined in paragraph 15.     8. The following parameters will guide the further negotiation of this tiered formula: 
 
• This commitment will apply as a minimum overall commitment. It will not be applied as a 
ceiling on reductions of overall trade-distorti ng domestic support, should the separate and 
complementary formulae to be developed for Total AMS, de minimis  and Blue Box payments 
imply, when taken together, a deeper cut in  overall trade-distorting domestic support for an 
individual Member. 
 
• The base for measuring the Blue Box component  will be the higher of existing Blue Box 
payments during a recent representative period to be agreed and the cap established in 
paragraph 15 below.  
  Final Bound Total AMS: A Tiered Formula 
 
9. To achieve reductions with a harmonizing effect: 
 
• Final Bound Total AMS will be reduced substantially, using a tiered approach. 
 
• Members having higher Total AMS w ill make greater reductions.   
 
• To prevent circumvention of the objective of the Agreement through transfers of unchanged 
domestic support between different support cate gories, product-specific AMSs will be capped  
at their respective average levels acco rding to a methodology to be agreed. 
 
•
 Substantial reductions in Final Bound Total AM S will result in reductions of some product-
specific support.   
 
10. Members may make greater than formula reducti ons in order to achieve the required level of 
cut in overall trade-distorting domestic support.   WT/GC/W/535 
 Page A-3 
 
 
De Minimis 
 
11. Reductions in de minimis  will be negotiated taking into account the principle of special and 
differential treatment.  Developing countries that allocate almost all de minimis  programmes for 
subsistence and resource-poor farmers will be exempt.  
 
12. Members may make greater than formula reducti ons in order to achieve the required level of 
cut in overall trade-distorting domestic support.   Blue Box 
 
13. Members recognize the role of the Blue Box in  promoting agricultural reforms. In this light, 
Article 6.5 will be reviewed so that Member s may have recourse to the following measures: 
 
• Direct payments under production-limiting programmes if: 
- such payments are based on fixed and unchanging areas and yields; or 
- such payments are made on 85% or less of a fixed and unchanging base level of 
production; or 
- livestock payments are made on a fixe d and unchanging number of head.  
 
Or  
• Direct payments that do not require production if: 
- such payments are based on fixed and unchanging bases and yields; or  
- livestock payments made on a fixed a nd unchanging number of head; and 
- such payments are made on 85% or less of a fixed and unchanging base level of 
production. 
 
14. The above criteria, along with additional crite ria will be negotiated. Any such criteria will 
ensure that Blue Box payments are less trade-di storting than AMS measures, it being understood that: 
 
• Any new criteria would need to take account of  the balance of WTO rights and obligations. 
 
• Any new criteria to be agreed will not have the perverse effect of undoing ongoing reforms. 
 
 15. Blue Box support will not exceed 5% of a Me mber’s average total value of agricultural 
production during an historical period. The historic al period will be established in the negotiations.  
This ceiling will apply to any actual or potential Blue Box user from the beginning of the 
implementation period.  In cases where a Member has placed an exceptionally large percentage of its 
trade-distorting support in the Blue Box, some flexib ility will be provided on a basis to be agreed to 
ensure that such a Member is not called u pon to make a wholly disproportionate cut.  
  Green Box 
 
16. Green Box criteria will be reviewed and clar ified with a view to ensuring that Green Box 
measures have no, or at most minimal, trade-distor ting effects or effects on production. Such a review 
and clarification will need to ensure that the basi c concepts, principles and effectiveness of the Green 
Box remain and take due account of  non-trade concerns. The improve d obligations for monitoring and 
surveillance of all new disciplines foreshadowed in paragraph 48 below will be particularly important 
with respect to the Green Box. WT/GC/W/535 
Page A-4  
 
EXPORT COMPETITION 
 
17. The Doha Ministerial Declaration calls for "r eduction of, with a view to phasing out, all forms 
of export subsidies".  As an outcome of the negotiations, Members agree to establish detailed 
modalities ensuring the parallel elimination of all forms of export subsidies and disciplines on all 
export measures with equivalent effect by a credible end date. 
  
End Point 
 18. The following will be eliminated  by the end date to be agreed: 
 
• Export subsidies as scheduled. 
 
• Export credits, export credit guarantees or in surance programmes with repayment periods 
beyond 180 days. 
 
• Terms and conditions relating to export credits, export credit guarantees or insurance 
programmes with repayment peri ods of 180 days and below which are not in accordance with 
disciplines to be agreed. These disciplines will cover, inter alia , payment of interest, 
minimum interest rates, minimum premium re quirements, and other elements which can 
constitute subsidies or otherwise distort trade. 
 
• Trade distorting practices with respect to exporting STEs including eliminating export 
subsidies provided to or by them, government  financing, and the underwriting of losses. The 
issue of the future use of monopoly powers will be subject to further negotiation.  
 
• Provision of food aid that is not in conformity  with operationally effective disciplines to be 
agreed. The objective of such disciplines will be  to prevent commercial displacement.  The 
role of international organizations as regards the provision of food aid by Members, including 
related humanitarian and developmental issues,  will be addressed in the negotiations.  The 
question of providing food aid exclusively in fu lly grant form will also be addressed in the 
negotiations.  
 
19. Effective transparency provisions for paragr aph 18 will be establishe d. Such provisions, in 
accordance with standard WTO practice, will be  consistent with co mmercial confidentiality 
considerations. 
 
 Implementation 
 20. Commitments and disciplines in paragraph 18 will be implemented according to a schedule 
and modalities to be agreed. Commitments will be implemented by annual instalments. Their phasing 
will take into account the need for some cohere nce with internal reform steps of Members. 
 21. The negotiation of the elements in paragr aph 18 and their implementation will ensure 
equivalent and parallel commitments by Members.   
 
 
Special and Differential Treatment 
 
22. Developing country Members will benefit from longer implementation periods for the 
phasing out of all forms of export subsidies.  WT/GC/W/535 
 Page A-5 
 
 
 23. Developing countries will continue to benef it from special and differential treatment under 
the provisions of Article 9.4 of the Agreement on Agriculture for a reasonable period, to be 
negotiated, after the phasing out of all forms of e xport subsidies and implementation of all disciplines 
identified above are completed. 
 
24. Members will ensure that the disciplines on export credits, export credit guarantees or 
insurance programs to be agreed will make appropr iate provision for differential treatment in favour 
of least-developed and net food-importing developing countries as provided for in paragraph 4 of the 
Decision on Measures Concerning the Possible Negativ e Effects of the Reform Programme on Least-
Developed and Net Food-Importing Developing Countr ies.  Improved obligations for monitoring and 
surveillance of all new disciplines as  foreshadowed in paragraph 48 will be critically important in this 
regard.  Provisions to be agreed in this respect  must not undermine the commitments undertaken by 
Members under the obligations in paragraph 18 above.    
25. STEs in developing country Members which en joy special privileges to preserve domestic 
consumer price stability and to ensure food security will receive special consideration for maintaining 
monopoly status.    
Special Circumstances 
 
26. In exceptional circumstances, which cannot be  adequately covered by food aid, commercial 
export credits or preferential international fi nancing facilities, ad hoc temporary financing 
arrangements relating to exports to developing countries may be agreed by Members.  Such 
agreements must not have the effect of unde rmining commitments undertaken by Members in 
paragraph 18 above, and will be b ased on criteria and consultation procedures to be established. 
  
 
MARKET ACCESS 
 27. The Doha Ministerial Declaration calls for "substantial improvements in market access". 
Members also agreed that special and differential treatment for developing Members would be an integral part of all elements in the negotiations.  
The Single Approach: a Tiered Formula 
 
28. To ensure that a single approach for deve loped and developing country Members meets all 
the objectives of the Doha mandate, tariff reductions will be made through a tiered formula that takes 
into account their different tariff structures.  29. To ensure that such a formula will lead to substantial trade expansion, the following 
principles will guide its further negotiation: 
 
• Tariff reductions will be made from bound rates. Substantial overall ta riff reductions will be 
achieved as a final result from negotiations. 
 
• Each Member (other than LDCs) will make a c ontribution. Operationally effective special and 
differential provisions for developing country Members will be an integral part of all 
elements. 
 WT/GC/W/535 
Page A-6  
 
• Progressivity in tariff reductions will be achieved through deeper cuts in higher tariffs with 
flexibilities for sensitive products. Substantia l improvements in market access will be 
achieved for all products. 
 30. The number of bands, the thresholds for defini ng the bands and the type of tariff reduction in 
each band remain under negotiation.  The role of a tari ff cap in a tiered formula with distinct treatment 
for sensitive products will be further evaluated.   
Sensitive Products 
 
Selection
 
 31. Without undermining the overall objective of the tiered approach, Members may designate an 
appropriate number, to be negotiated, of tariff lin es to be treated as sensitive, taking account of 
existing commitments for these products.   
 
Treatment
 
 32. The principle of ‘substantial impr ovement’ will apply to each product. 
 33. ‘Substantial improvement’ will be achie ved through combinations of tariff quota 
commitments and tariff reductions applying to each product .   However, balance in this negotiation 
will be found only if the final negotiated result also  reflects the sensitivity of the product concerned. 
 34. The extent of MFN-based tariff quota expansi on and any required tariff reduction for all such 
products will be determined in th e negotiations.  A base for tariff q uota expansion will be established, 
taking account of coherent and equitable criteria to be  developed in the negotiations.  In order not to 
undermine the objective of the tiered approach for all such products, MFN-based tariff quota 
expansion will be provided under specific rules to  be negotiated taking into account deviations from 
the tariff formula. 
 
 
Other Elements  
35. Other elements that will give  the flexibility required to reach  a final balanced result include 
reduction or elimination of in-quota tariff rates , and operationally effective improvements in tariff 
quota administration for existing tariff quotas so as to enable Members, and particularly developing 
country Members, to fully benefit from the ma rket access opportunities under tariff rate quotas. 
 
36. Tariff escalation will be addressed through a formula to be agreed. 
 37. The issue of tariff simplification remains under negotiation. 
 
38. The question of the special agricultura l safeguard (SSG) remains under negotiation. 
 
 Special and differential treatment 
 39. Having regard to their rura l development, food security and/or livelihood security needs, 
special and differential treatment for developing countr ies will be an integral part of all elements of 
the negotiation, including the tariff reduction formul a, the number and treatment of sensitive products, 
expansion of tariff rate quot as, and implementation period.   WT/GC/W/535 
 Page A-7 
 
 
40. Proportionality will be achieved by requiring  lesser tariff reduction commitments or tariff 
quota expansion commitments from developing country Members.  41. Developing country Members will have the flex ibility to designate an appropriate number of 
products as Special Products, based on criteria of  food security, livelihood security and rural 
development needs.  These products  will be eligib le for more flexible treatment.  The criteria and 
treatment of these products will be further specifi ed during the negotiation phase and will recognize 
the fundamental importance of Special Products to developing countries.  42. A Special Safeguard Mechanism (SSM) will be  established for use by developing country 
Members. 
 43. Full implementation of the long-standing commi tment to achieve the fullest liberalisation of 
trade in tropical agricultural products and for produc ts of particular importance to the diversification 
of production from the growing of illicit narcotic crops  is overdue and will be addressed effectively in 
the market access negotiations. 
 44. The importance of long-standing preferences is fully recognised. The issue of preference 
erosion will be addressed. For the further considerati on in this regard, paragr aph 16 and other relevant 
provisions of TN/AG/W/1/Rev.1 will be used as a reference.     LEAST- DEVELOPED COUNTRIES  
45. Least-Developed Countries, which will have full access to all special and differential 
treatment provisions above, are not required to undertake reduction commitments.  Developed 
Members, and developing country Members in a position to do so, should provide duty-free and 
quota-free market access for products originating from least-developed countries.  46. Work on cotton under all the pillars will reflect  the vital importance of this sector to certain 
LDC Members and we will work to ach ieve ambitious results expeditiously. 
 RECENTLY ACCEDED MEMBERS 
 
47. The particular concerns of recently acceded  Members will be effectively addressed through 
specific flexibility provisions.  
 
MONITORING AND SURVEILLANCE 
 
48. Article 18 of the Agreement on Agriculture will be amended with a view to enhancing 
monitoring so as to effectively ensure full transp arency, including through timely and complete 
notifications with respect to the commitments  in market access, domestic support and export 
competition. The particular concerns of devel oping countries in this regard will be addressed. 
  
OTHER ISSUES 
 49. Issues of interest but not agreed:  sectoral  initiatives, differential export taxes, GIs.  
 50. Disciplines on export prohibitions and restri ctions in Article 12.1 of the Agreement on 
Agriculture will be strengthened.   WT/GC/W/535 
 Page B-1 
 
 
Annex B 
 
Framework for Establishing Modalities in  
Market Access for Non-Agricultural Products 
  
1. This Framework contains the initial elem ents for future work on modalities by the 
Negotiating Group on Market Access.  Additional nego tiations are required to reach agreement on the 
specifics of some of these elements.  These relate to the formula, the issues concerning the treatment 
of unbound tariffs in indent two of paragraph 5, the flexibilities fo r developing-country participants, 
the issue of participation in the sectorial tariff compone nt and the preferences.  In order to finalize the 
modalities, the Negotiating Group is instructed to  address these issues expeditiously in a manner 
consistent with the mandate of paragraph 16 of the Doha Minist erial Declaration and the overall 
balance therein.  
2. We reaffirm that negotiations on market acc ess for non-agricultural products shall aim 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.  We also reaffirm the importance of special and differential treatment and less than full reciprocity in reduction commitm ents as integral parts of the modalities. 
 
3. We acknowledge the substa ntial work undertaken by the Negotiating Group on Market 
Access and the progress towards achieving an agre ement on negotiating modalities.  We take note of 
the constructive dialogue on the Chair's Draft El ements of Modalities (TN/MA/W/35/Rev.1) and 
confirm our intention to use this document as a re ference for the future work of the Negotiating 
Group.  We instruct the Negotiating Group to contin ue its work, as mandated by paragraph 16 of the 
Doha Ministerial Declaration with its correspondi ng references to the re levant provisions of 
Article XXVIII bis of GATT 1994 and to the provisions cited in  paragraph 50 of the Doha Ministerial 
Declaration, on the basis set out below.  4. We recognize that a formula approach is key to reducing tariffs, and reducing or eliminating 
tariff peaks, high tariffs, and tariff escalation.  We  agree that the Negotiating Group should continue 
its work on a non-linear formula applied on a line-by-l ine basis which shall take fully into account the 
special needs and interests of developing and least -developed country particip ants, including through 
less than full reciprocity in reduction commitments.  5. We further agree on the following elements regarding the formula: 
- product coverage shall be  comprehensive without a priori  exclusions; 
- tariff reductions or elimination shall commence from the bound rates after full 
implementation of current concessions;  however, for unbound tariff lines, the basis 
for commencing the tariff reductions shall be [two] times the MFN applied rate in the 
base year; 
- the base year for MFN applied tariff rates shall be 2001 (applicable rates on 
14 November); 
- credit shall be given for autonomous libe ralization by developing countries provided 
that the tariff lines were bound on an MFN b asis in the WTO since the conclusion of 
the Uruguay Round; 
- all non- ad valorem  duties shall be converted to ad valorem  equivalents on the basis of 
a methodology to be determined and bound in ad valorem  terms; 
- negotiations shall commence on the basis of the HS96 or HS2002 nomenclature, with 
the results of the negotiations to be finalized in HS2002 nomenclature; WT/GC/W/535 
Page B-2  
 
- the reference period for import data shall be 1999-2001. 
 6. We furthermore agree that, as an exception,  participants with a binding coverage of non-
agricultural tariff lines of less than [35] per cent would be exempt from making tariff reductions 
through the formula.  Instead, we expect them to  bind [100] percent of non-agricultural tariff lines at 
an average level that does not exceed the overall average of bound tariffs for all developing countries 
after full implementation of current concessions.  7. We recognize that a sectorial tariff compone nt, aiming at elimination or harmonization is 
another key element to achieving the objectives of paragraph 16 of the Doha Ministerial Declaration 
with regard to the reduction or elimination of tariffs , in particular on products of export interest to 
developing countries.  We recognize that participation by all participants will be important to that 
effect.  We therefore instruct the Negotiating Group to pursue its discussions on such a component, 
with a view to defining product coverage, particip ation, and adequate provisions of flexibility for 
developing-country participants. 
 
8. We agree that developing-country participan ts shall have longer im plementation periods for 
tariff reductions.  In addition, they sh all be given the following flexibility: 
  a) applying less than formula cuts to up to [10] percent of the tariff lines provided that the 
cuts are no less than half the formula cuts and that these tariff lines do not exceed [10] percent 
of the total value of a Member's imports; or 
  b) keeping, as an exception, tariff lines unbound, or not applying formula cuts for up to [5] 
percent of tariff lines provided they do not exceed [5] percent of the total value of a Member's 
imports. 
 
We furthermore agree that this flexibility coul d not be used to exclude entire HS Chapters. 
 9. We agree that least-developed country particip ants shall not be required to apply the formula 
nor participate in the sectorial approach, however , as part of their contribution to this round of 
negotiations, they are expected to substantia lly increase their level of binding commitments. 
 
10. Furthermore, in recognition of the need to enhance the integration of least-developed 
countries into the multilateral trading system and support the diversification of their production and 
export base, we call upon developed- country participants and other pa rticipants who so decide, to 
grant on an autonomous basis duty-free and quota -free market access for non-agricultural products 
originating from least-developed countries by the year […]. 
 11. We recognize that newly acceded Members shall have recourse to special provisions for tariff 
reductions in order to take into account their exte nsive market access commitments undertaken as part 
of their accession and that staged tariff reducti ons are still being implemented in many cases.  We 
instruct the Negotiating Group to further elaborate on such provisions. 
 
12. We agree that pending agreement on co re modalities for tariffs, the possibilities of 
supplementary modalities such as zero-for-zero sector elimination, sectorial harmonization, and request & offer, should be kept open.  
13. In addition, we ask develope d-country participants and other participants who so decide to 
consider the elimination of low duties.  14. We recognize that NTBs are an integral and equally important part of these negotiations and 
instruct participants to intensify their work on NTBs .  In particular, we encourage all participants to 
make notifications on NTBs by 31 October 2004 and to proceed with  identification, examination,  WT/GC/W/535 
 Page B-3 
 
 
categorization, and ultimately negotiations on NTBs.  We take note that the modalities for addressing 
NTBs in these negotiations could in clude request/offer, horizontal, or vertical approaches; and should 
fully take into account the principle of special a nd differential treatment for developing and least-
developed country participants.  
15. We recognize that appropriate studies and capac ity building measures shall be an integral part 
of the modalities to be agreed.  We also recognize th e work that has already been undertaken in these 
areas and ask participants to c ontinue to identify such issues to improve participation in the 
negotiations.  
16. We recognize the challenges that may be faced by non-reciprocal preference beneficiary 
Members and those Members that are at present highly dependent on tariff revenue as a result of these negotiations on non-agricultural products.  We instruct the Negotiating Group to take into 
consideration, in the course of its work, the pa rticular needs that may arise for the Members 
concerned. 
 
17. We furthermore encourage the Negotiating Group to work closely with the Committee on 
Trade and Environment in Special Session with a view to addressing the issue of non-agricultural environmental goods covered in paragraph 31 (iii) of the Doha Ministerial Declaration. 
 
 
  WT/GC/W/535 
 Page C-1 
 
 
 
Annex C 
 
Recommendations of the Special Session of the Council for Trade in Services 
  
(a) Members who have not yet submitted their initial offers must do so as soon as possible. 
 (b) A date for the submission of a round of revised offers should be established as soon as 
feasible. 
 
(c) With a view to providing effective market access to all Members and in order to ensure a 
substantive outcome, Members shall strive to en sure a high quality of offers, particularly in 
sectors and modes of supply of export interest to developing countries, with special attention to be given to least-developed countries. 
 
(d) Members shall aim to achieve progressively highe r levels of liberalization with no a priori 
exclusion of any service sector or mode of supply and shall give special attention to sectors and modes of supply of export interest to developing countries.  Members note the interest of developing countries, as well as other Members, in Mode 4. 
 
(e) Members must intensify their efforts to conclude the negotiati ons on rule-making under 
GATS Articles VI:4, X, XIII and XV in acco rdance with their respective mandates and 
deadlines. 
 (f) Targeted technical assistance should be provided with a view to enabling developing 
countries to participate effectively in the negotiations. 
 (g) For the purpose of the Sixth Ministerial meeti ng, the Special Session of the Council for Trade 
in Services shall review progress in these negotia tions and provide a full report to the Trade 
Negotiations Committee, including possible recommendations. 
 WT/GC/W/535 
Page D-1 
 
 
Annex D 
 
Modalities for Negotiations on Trade Facilitation 
 
 
1. Negotiations shall aim to clarify and improve re levant aspects of Articles V, VIII and X of the 
GATT 1994 with a view to further expediting the movement, release and clearance of goods, 
including goods in transit.1  Negotiations shall also aim at e nhancing technical assistance and support 
for capacity building in this area.  The negotiatio ns shall further aim at provisions for effective 
cooperation between customs or any other appropr iate authorities on trade facilitation and customs 
compliance issues. 
 2. The results of the negotiations shall take fully into account the principle of special and differential treatment for developing and least-dev eloped countries.  Members recognize that this 
principle should extend beyond the granting of traditional transition periods for implementing 
commitments.  In particular, the extent and the timin g of entering into commitments shall be related to 
the implementation capacities of developing and least-developed Members.  It is further agreed that those Members would not be obliged to undertake investments in infrastructure projects beyond their 
means.  3. Least-developed country Members will only be  required to undertake commitments to the 
extent consistent with their indi vidual development, financial and trade needs or their administrative 
and institutional capabilities.  4. As an integral part of the negotiations, Me mbers shall seek to identif y their trade facilitation 
needs and priorities, particularly those of deve loping and least-developed countries, and shall also 
address the concerns of developing and least-devel oped countries related to cost implications of 
proposed measures.  5. It is recognized that the provision of technical assistance and support for capacity building is vital for developing and least-developed countries to en able them to fully participate in and benefit 
from the negotiations.  Members, in particular de veloped countries, therefore commit themselves to 
adequately ensure such support a nd assistance during the negotiations.
2 
 6. Support and assistance should also be provi ded to help developing and least-developed 
countries implement the commitments resulting from th e negotiations, in accordance with their nature 
and scope.  In this context, it is recognized that negotiations could lead to certain commitments whose 
implementation would require support for infrastructur e development on the part of some Members.  
In these limited cases, developed-country Members will make every effort to ensure support and 
assistance directly related to the nature and scope of the commitments in order to allow implementation.  It is understood, however, that  in cases where required support and assistance for 
such infrastructure is not forthcoming, and where a developing or least-developed Member continues 
to lack the necessary capacity, impl ementation will not be required.  While every effort will be made 
to ensure the necessary support and assistance, it is  understood that the commitments by developed 
countries to provide such support are not open-ended.  7. Members agree to review the effectiveness of the support and assistance provided and its 
ability to support the implementation of the results of the negotiations. 
 
                                                     
 
1 It is understood that this is without prejudice to the possible format of the final result of the 
negotiations and would allow consideration of various forms of outcomes. 
2 In connection with this paragraph, Members note that paragraph 38 of the Doha Ministerial 
Declaration addresses relevant technical assist ance and capacity building concerns of Members. WT/GC/W/535 
Page D-2  
 
8. In order to make technical assistance a nd capacity building more effective and operational 
and to ensure better coherence, Members shall invi te relevant internationa l organizations, including 
the IMF, OECD, UNCTAD, WCO and the World Bank to undertake a collaborative effort in this 
regard.  
9. Due account shall be taken of the relevant wo rk of the WCO and other relevant international 
organizations in this area.  10. Paragraphs 45-51 of the Doha Ministerial Decl aration shall apply to these negotiations.  At its 
first meeting after the July session of the Genera l Council, the Trade Negotiations Committee shall 
establish a Negotiating Group on Trade Facilitation and a ppoint its Chair.  The first meeting of the 
Negotiating Group shall agree on a work plan and schedule of meetings.  
__________ 
  