WORLD TRADE
ORGANIZATIONWT/GC/W/471
24 April 2002
(02-2340)
General Council Original:  English
PREPARATORY PROCESS IN GENEVA AND NEGOTIATING PROCEDURE
AT THE MINISTERIAL CONFERENCES
Communication from Cuba, Dominican Republic, Egypt, Honduras, India, Indonesia, Jamaica,
Kenya, Malaysia, Mauritius, Pakistan, Sri Lanka, Tanzania, Uganda, and Zimbabwe
The following communication, dated 19 April, has been received from the Permanent Mission
of India.
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Since the WTO was established in January 1995, four Ministerial Conferences have been held
so far. The procedures adopted, both in the preparatory process in Geneva and at the Ministerial
Conference itself, have been different. This uncertainty in the process makes it difficult for manyMembers to prepare themselves for the conferences. Some basic principles and procedures for this
Member-driven organization need to be agreed upon, so that both the preparatory process and the
conduct of the Ministerial Conference are transparent, inclusive and predictable.
Preparatory process in Geneva
The aim of the process should be to finalize the agenda for the Ministerial Conference and a
broad work programme flowing from the agenda, to be proposed for consideration at the Ministerial
Conference. The Geneva process should aim to finalize a draft ministerial declaration, which reflects
the priorities and interests of the entire memb ership. The following elements should guide the
preparatory process:
(i) All consultations should be transparent and open-ended. The preparatory process
should be conducted under the close supervision of the General Council and chaired
by the Chairman of the General Council. Any consultations or meetings held outside
this process are not part of the formal preparatory process. Any negotiating procedure
to be adopted should be approved by Members by consensus at formal meetings.
(ii) The draft agenda should be drawn up only after Members have been given an
opportunity to express their views. Once the agenda and its parameters are agreed
upon, changes may be permitted only if so decided by the entire membership.
(iii) There should be frequent formal meetings of the General Council to take stock of the
progress in the preparatory work and minutes should be drawn up of such meetings.
This would help Members who do not have delegations in Geneva and will give an
indication of the status of work to capital ba sed officials. In view of the difficulty that
non-Geneva based delegations have in sending representatives for such meetings, a
formal meeting of the General Council should be scheduled either just before or just
after the Geneva Week, for such delegations.WT/GC/W/471
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(iv) There should be sufficient time for delegations to consider documents to facilitate
proper consideration by and consultation with the capital.
(v) Language of draft ministerial declaration should be clear and unambiguous. The draft
ministerial declaration should be based on consensus.  Where this is not possible,such differences should be fully and appropriately reflected in the draft ministerial
declaration. This could be done either through listing various options suggested by
Members or by the chairperson reflecting different positions on issues. If the majority
of the membership has strong opposition to the inclusion of any issue in the draft
ministerial declaration then such an issue should not be included in the draft
declaration.
(vi) The work on the declaration should be completed in Geneva to the maximum extent
possible. Only those issues, which are reflected either as options or where the
chairperson has reflected different positions should be left for the ministers to
deliberate and decide at the ministerial conference.
(vii) A draft ministerial declaration can only be forwarded to the Ministerial Conference
by the General Council upon consensus to do so.
(viii) In the preparatory process for the Ministerial Conference the Director-General and
the Secretariat of the WTO should remain impartial on the specific issues beingconsidered in the ministerial declaration.
(ix) Sectoral work by working groups is an effective way for expediting resolution of
pending issues. The number, structure and chairpersons/facilitators for such working
groups should be decided in the General Council in Geneva, in advance of theMinisterial Conference through consultations among all Members.
Process at Ministerial Conferences
(a) The agenda for the conference should not be adopted at the ceremonial opening session, but at
the first formal plenary session immediately thereafter.
(b) A Committee of the Whole should be established at all Ministerial Conferences. This
Committee should be the main forum for decision-making.  All meetings of the Committee of
the Whole should be formal.
(c) The chairpersons including facilitators, who would conduct consultations and meetings on
specific subjects at the Ministerial Conference, should be identified by consensus in the
preparatory process in Geneva, through consultations among all Members. Such persons
should be persons from Members that do not have a direct interest in the subject assigned for
consultations.
(d) Consultations by chairperson/facilitator should be at open-ended meetings only. The
chairperson/facilitator could convene meetings of proponents and opponents on the subject
assigned and any other interested Member should be free to join such meetings. For this to be
achieved, the schedule of each meeting shall be announced at least a few hours before the
meeting.
(e) Consultations should be transparent, inclusive and all Members should be given equal
opportunity to express their views. Chairpersons/facilitators should report to the Committee
of the Whole periodically and in a substantive way.WT/GC/W/471
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(f) All negotiating texts and draft decisions should be introduced only in open-ended meetings.
(g) Late night meetings and marathon negotiating sessions should be avoided.
(h) Language of declaration should be clear and unambiguous. All drafts shall be considered and
finalized in a drafting committee to be appointed for that purpose by all Members and
membership of which should be open to all Members.
(i) The Secretariat and the Director-General of the WTO as well as all the
chairpersons/facilitators should assume a neutral/impartial and objective role. They shall not
express views explicitly or otherwise on the specific issues being discussed in the MinisterialConference. Specific rules to conduct the work of the Chairs and Vice-Chairs of the
Ministerial Conference should be elaborated.
(j) Discussions at the Ministerial Conference on the draft ministerial declaration should focus on
issues not agreed upon in the Geneva process and the various alternate texts developed atGeneva.
(k) Any new draft on specific issues should be circulated to all Members well in advance so that
Members have sufficient time to consider them. To ensure transparency in the negotiating
process any draft on specific issues should clearly indicate the Member(s) suggesting thedraft.
(l) The duration of Ministerial Conferences should be in accordance with the schedule agreed
upon in Geneva, as many delegations make their travel and accommodation arrangements
accordingly. If an extension is required, it shall be formally approved through consensus.
(m) In various meetings, formal as well as informal, during the Ministerial Conference
arrangements should be made for the Ministers to be accompanied by at least two officers. It
is the right of any Member to designate its representative and in this connection the Heads of
Delegations has the discretion to mandate his/her officials to speak on his/her behalf.
Venue of Ministerial Conferences
This issue had been discussed during the Uruguay Round, when it was felt that the
Conferences should be held in the WTO itself. Apart from convenience this would also result in
savings in costs and efforts. Many developing countries find it prohibitively expensive to participate
in the Conferences. There could be a case for having all the future Ministerial Conferences afterMexico in Geneva itself.
Recognizing that Ministerial Conferences are to be held at least once every two years, and
recalling paragraph 1 of Article IV of the Marrakesh Agreement Establishing the WTO, it is strongly
recommended that Members review the evolving tendency of holding Ministerial Conferences that areprimarily focused on the launching or review of negotiations.
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