RESTRICTEDWORLD TRADE
ORGANIZATIONWT/COMTD/W/77/Rev.1/Add.2
21 December 2001
(01-6444)
Committee on Trade and Development
IMPLEMENTATION OF SPECIAL AND DIFFERENTIAL TREATMENT
PROVISIONS IN WTO AGREEMENTS AND DECISIONS
A REVIEW OF MANDATORY SPECIAL AND DIFFERENTIAL
TREATMENT PROVISIONS
Note by the Secretariat
Addendum
I. INTRODUCTION................................................................................................................. ....................4
II. PROVISIONS AIMED AT INCREASING TH E TRADE OPPORTUNITIES OF DEVELOPING
COUNTRY MEMBERS ................................................................................................................ ...........5
A. A GREEMENT ON TEXTILES AND CLOTHING ,  ARTICLE 2.18 ............................................................5
B. G ENERAL AGREEMENT ON TRADE IN SERVICES (GATS):  A RTICLE IV:1.......................................6
C. G ENERAL AGREEMENT ON TRADE IN SERVICES (GATS): A RTICLE IV:2........................................6
III. PROVISIONS UNDER WHICH WTO MEMBERS SHOULD SAFEGUARD THE INTERESTS
OF DEVELOPING COUNTRY MEMBERS.........................................................................................7
A. T HE "DECISION ON MEASURES CONCERNING THE POSSIBLE NEGATIVE EFFECTS OF THE
REFORM PROGRAMME ON LEAST -DEVELOPED  AND NET FOOD-IMPORTING DEVELOPING
COUNTRIES ":............................................................................................................................. ......7
1. Paragraph 3 (i)-(ii): ........................................................................................................ ...............7
2. Paragr aph 4 .................................................................................................................. .................8
3. Paragr aph 6 .................................................................................................................. .................8
B. A GREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES ,
ARTICLE 10.1........................................................................................................................... .......9
C. A GREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES ,
ANNEX  B, PARAGRAPH 2 ................................................................................................................9
D. AGREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES ,
ANNEX B, PARAGRAPH 9...............................................................................................................10
E. A GREEMENT ON TEXTILES AND CLOTHING , ARTICLE 6.6 (b) .......................................................10
F. A GREEMENT ON TEXTILES AND CLOTHING , ARTICLE 6.6 ( C) .......................................................11
G. A GREEMENT ON TEXTILES AND CLOTHING , ANNEX , PARAGRAPH 3 (A) .......................................11
H. A GREEMENT ON TECHNICAL BARRIERS TO TRADE , ARTICLE 10.6 ...............................................11
I. A GREEMENT ON TECHNICAL BARRIERS TO TRADE , ARTICLE 12.1 ...............................................12
J. A GREEMENT ON TECHNICAL BARRIERS TO TRADE , ARTICLE 12.2 ...............................................12
K. A GREEMENT ON TECHNICAL BARRIERS TO TRADE , ARTICLE 12.3 ...............................................12
L. A GREEMENT ON TECHNICAL BARRIERS TO TRADE , ARTICLE 12.5 ...............................................13
M. A GREEMENT ON TECHNICAL BARRIERS TO TRADE :  ARTICLE 12.8 ..............................................14
N. A GREEMENT ON TECHNICAL BARRIERS TO TRADE , ARTICLE 12.9 ...............................................14
O. A GREEMENT ON TECHNICAL BARRIERS TO TRADE , ARTICLE 12.10 .............................................15
P. I MPLEMENTATION OF ARTICLE VI OF THE GATT 1994, A RTICLE 15 ...........................................15
Q. I MPLEMENTATION OF ARTICLE VII OF THE GATT 1994, A NNEX III.5 .........................................16
R. D ECISION ON TEXTS RELATING TO MINIMUM VALUES AND IMPORTS BY SOLE AGENTS ,
SOLE DISTRIBUTORS , AND SOLE CONCESSIONAIRES :  TEXT 1 ......................................................16WT/COMTD/W/77/Rev.1/Add.2
Page 2
S. A GREEMENT ON SUBSIDIES AND COUNTERVAILING MEASURES , ARTICLE 27.15 .........................17
T. A GREEMENT ON SAFEGUARDS , ARTICLE 9.1,  D EVELOPING COUNTRY MEMBERS .......................17
U. U NDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF
DISPUTES ,     A RTICLE 8.10...........................................................................................................18
V. U NDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF
DISPUTES , ARTICLE 12.10 .............................................................................................................18
W. U NDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF
DISPUTES ,     A RTICLE 12.11 .........................................................................................................19
X. U NDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF
DISPUTES , ARTICLE 21.7...............................................................................................................19
Y. U NDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF
DISPUTES , ARTICLE 21.8...............................................................................................................19
Z. G ENERAL AGREEMENT ON TRADE IN SERVICES , SUBSIDIES , ARTICLE XV.1................................20
AA. G ENERAL AGREEMENT ON TRADE IN SERVICES , NEGOTIATIONS ON SPECIFIC
COMMITMENTS , ARTICLE XIX.3...................................................................................................20
IV. TECHNICAL ASSISTANCE........................................................................................................ .........21
A. A GREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES ,
ARTICLE 9.1............................................................................................................................ ......21
B. A GREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES ,
ARTICLE  9.2........................................................................................................................... .......21
C. A GREEMENT ON TECHNICAL BARRIERS TO TRADE , ARTICLES 11.1-11.7 AND 12.7......................22
D. I MPLEMENTATION OF ARTICLE VII OF GATT 1994:  A RTICLE 20.3.............................................24
E. G ENERAL AGREEMENT ON TRADE IN SERVICES :  ARTICLE XXV.2...............................................24
F. G ENERAL AGREEMENT ON TRADE IN SERVICES : ANNEX ON TELECOMMUNICATIONS ,
PARAGRAPH 6(C)...........................................................................................................................24
G. A GREEMENT ON TRADE -RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS :
ARTICLE  67............................................................................................................................ .......25
H. U NDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF
DISPUTES :  ARTICLE 27.2 .............................................................................................................25
I. T HE "DECISION ON MEASURES CONCERNING THE POSSIBLE NEGATIVE EFFECTS OF THE
REFORM PROGRAMME ON LEAST -DEVELOPED AND NET FOOD-IMPORTING DEVELOPING
COUNTRIES ":  P ARAGRAPH 3 (III): ................................................................................................26
V. PROVISIONS RELATING TO LEAST-DEVELOPED COUNTRY MEMBERS...........................27
A. P ROVISIONS AIMED AT INCREASING TRADE OPPORTUNITIES FOR L EAST -DEVELOPED
COUNTRIES . .............................................................................................................................. ....27
1. The 1999 Decision on the Waiver for Prefer ential Tariff Treatmen t of Least-Developed
Countries...................................................................................................................... ...............27
2. Agreement on Trade–Related Intellect ual Property Rights, Article 66.2.....................................27
3. Decision on Measures in Favour of Leas t-Developed Countries, Paragraph 2, (ii)....................28
B. P ROVISIONS AIMED AT SAFEGUARDING THE INTERESTS OF LEAST -DEVELOPED COUNTRIES .......29
1. Agreement on Agriculture, Article 16.1 and 16.2, Least-Developed and Net
Food-Importing Developing Countries .......................................................................................29
2. Agreement on Textiles and Clothing, Article 6.6 (a)....................................................................30
3. The General Agreement on Trade in Services. , Article IV:3, Increasing Participation of
Developing Countries........................................................................................................... .......30
4. General Agreement on Trade in Services, Negotiations on Specific Commitments,
Article XIX.3.................................................................................................................. ..............30
5. Understanding on Rules and Procedures Governing the Settlement of Disputes,
Article 24:1, Special Procedures Involv ing Least-Developed Country Members .......................31
6. Understanding on Rules and Procedures Governing the Settlement of Disputes,
Article 24:2, Special Procedures Involv ing Least-Developed Country Members .......................31
7. Decision on Measures in Favour of Le ast-Developed Countries, Paragraph 2(i).......................31
8. Decision on Measures in Favour of Leas t-Developed Countries, Paragraph 2(iv).....................32WT/COMTD/W/77/Rev.1/Add.2
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C. P ROVISIONS UNDER THE TYPOLOGY OF TECHNICAL ASSISTANCE ................................................32
1. The "Decision on Measures Concerning the Possible Negative Effects of the Reform
Programme on Least-Developed and Ne t Food-Importing Developing Countries":
Paragraph 3 (iii) .............................................................................................................. ...........32
2. Agreement on Technical Barriers to Trade, Article 11.8 .............................................................323. Decision on Measures in Favour of Le ast-Developed Countries, Paragraph 2(v)......................33WT/COMTD/W/77/Rev.1/Add.2
Page 4
I. INTRODUCTION
This note responds to the request by delegations, pursuant to Paragraph 12.1(i) of the
Decision on implementation-related issues and concerns adopted at Doha (WT/MIN(01)/17) that the
Secretariat produce an informal factual paper giving an overview of the operation of Special andDifferential Treatment provisions. It builds on earlier work done on this issue in document
WT/COMTD/W/77/Rev.1.
As in the note WT/COMTD/W/77/Rev.1, special and differential treatment provisions are
identified as mandatory in nature where they use the word "shall" rather than "should".  This note
adds a legal classification of Special and Differential treatment provisions taking into consideration
whether the specific Special and Differential provisions:
- require Members to achieve a certain result (obligations of result), or to engage in a certain
conduct (obligations of conduct)
- stipulate obligations of Members taken individually, or collectively
1
The Annex summarises those provisions that are obligations of conduct or growth, and,
collective or individual.  The distinction between obligations of result  and obligations of conduct is
not invariably clear-cut.  However, special and differential treatment provisions which contain
obligations of result require Members to achieve a certain outcome, but leave them free to choose
appropriate means of achieving that result2.  Special and differential treatment provisions which lay
down obligations of conduct do not require Members to achieve any particular result, but instead
require them to adopt a certain course of conduct3.
A classification of mandatory special and differential treatment provisions along the
suggested lines brings out clearly (i) what has to be done (namely to achieve a result or engage incertain conduct) and (ii) by whom (that is, whether Members collectively or individually).
Six types of special and differential treatment provisions have been identified by the
Secretariat:
(i) Provisions aimed at increasing the trade opportunities of developing country Members;
(ii) provisions under which WTO Members should safeguard the interests of developing country
Members;
(iii) flexibility of commitments, of actions, and use of policy instruments;
(iv) transitional time periods;
(v) technical assistance;
(vi) provisions relating to least-developed country Members.
                                                     
1 Some mandatory special and differential treatment provisions are addressed to Members as a
collective (e.g. "Members shall initiate negotiations in the area of Z" or "The Committee on X shall undertake a
review of Y").  The obligations they lay down must, as a result, be fulfilled by Members as a whole.  Other
mandatory special and differential treatment provisions  are addressed to Members individually (for example,
"Members shall, in the preparation of technical regul ations, take account of the special needs of developing
country Members").
2 For example, "Developed country Members shall establish contact points to facilitate the access of
developing country Members' suppliers".
3 For example, "Members shall take into account the special needs of developing country Members in
the implementation of this Agreement".WT/COMTD/W/77/Rev.1/Add.2
Page 5
In considering how to make special and differential treatment provisions more effective, it is
important to be mindful that different types of special and differential treatment provisions operate in
different ways.  Flexibility of commitments, of actions, and use of policy, and transition times usually
specify exceptions to rules to which developing countries may have recourse if they so choose.  The
distinction between "mandatory" and "non-mandatory" provisions therefore does not apply in thesecases.  On the other hand, provisions relating to increasing the trade opportunities of developing
country Members, safeguarding the interests of developing country Members, technical assistance,
and certain provisions relating to least-developed country Members, usually specify a conduct or
action to be undertaken by developed country Members in favour of developing country Members.
The remainder of this note provides, for each identified special and differential treatment
provision, the actual text for reference, a description of whether the classification of the provision isan obligation of result or of conduct, and comments on whether the provision in question has been
invoked and to what extent.  Where information was available, comments are provided on the issues
and questions that have arisen on the specific provision.  Within each category, we have listed each
Article in the order of the Legal Texts of the Results of the Uruguay Round of Multilateral Trade
Negotiations.
II. PROVISIONS AIMED AT INCREASING THE TRADE OPPORTUNITIES OF
DEVELOPING COUNTRY MEMBERS
A. A
GREEMENT ON TEXTILES AND CLOTHING ,  ARTICLE 2.18
"As regards those Members whose exports are subject to restrictions on the day
before the entry into force of the WTO Agreement and whose restrictions represent
1.2 per cent or less of the total volume of restrictions applied by an importing
Member as of the 31 December 1991 and  notified under this Article, meaningful
improvement in access for their exports shall  be provided , at the entry into force of
the WTO Agreement and for the duration of this Agreement, through advancement by
one stage of the growth rates set out in paragraphs 13 and 14, or through at least
equivalent changes as may be mutually agreed with respect to a different mix of base
levels, growth and flexibility provisions.  Such improvements shall  be notified  to the
TMB".
This provision can  be classified as an  obligation of result in that it  prescribes the provision
of meaningful improvement in access for certain Members' Exports through advancement of growth
rates, etc.  This provision also stipulates an obligation of Members taken individually .
Regarding this provision, it has been noted that one of the Members maintaining restrictions
increased the respective growth rates at the beginning of Stage 1 by 16 per cent and by a further
25 per cent while two of the Members maintaining restrictions increased the respective growth ratesby 25 per cent.  Document G/L/224 dated 19 February 1998 on Major Review of the Implementation of
the Agreement on Textiles and Clothing in the fi rst stage of the integration process, refers.
This is also part of the work to be done in  WTO subsidiary bodies dealing with increases in
growth rates of quotas in the context of Article 2, pursuant to paragraph 4.4 of the Doha Decision onImplementation-Related Issues and Concerns (WT/MIN(01)/17 dated 14 November 2001), which
requests the CTG to examine the following proposals: the methodology in application of growth-on-
growth provisions for small suppliers; extension of such treatment to LDCs; and where possible,
elimination of quota restrictions on imports of "such Members".  Under the same Decision, there is
also an agreement in paragraph 4.5 to examine the calculation of "the quota levels as ifimplementation of the growth-on-growth provision for stage 3 had been advanced to 1 January 2000".WT/COMTD/W/77/Rev.1/Add.2
Page 6
The Council for Trade in Goods is responsible for ex amining proposals relating to this provision and
making recommendations to the General Council by 31 July, 2002 for appropriate action.
B. GENERAL AGREEMENT ON TRADE IN SERVICES (GATS):  A RTICLE IV:1
This provision deals with the increasing participation of developing countries in world trade
in services.  It states as follows:
"The increasing participation of developing country Members in world trade shall  be
facilitated  through negotiated specific commitments, by different Members pursuant
to Parts III and IV of this Agreement, relating to:
(a) the strengthening of their domestic services capacity and its efficiency and
competitiveness, inter alia through access to technology on a commercialbasis;
(b) the improvement of their access to  distribution channels and information
networks;  and
(c) the liberalization of market access in sectors and modes of supply of export
interest to them."
This provision can be classified as  an obligation of conduct inasmuch as it appears to
envisage that Members negotiate specific commitments with a view to increasing the participation of
developing country Members in world trade.  No specific outcome of such negotiations is, however,
predetermined.  This provision stipulates an obligation of Members taken individually  through
"negotiated specific commitments".
During discussions on this provision held in the Council for Trade in Services on 19 and
20 July 1999, a developing country Member stated that developed countries should adopt
commercially meaningful commitments in areas of interest to developing countries to make Article IV
meaningful and effective.  (S/C/M/38 paragraph 42).  A developed country Member expressed theview that it was important for developing countries to identify sectors of interest to them.  Other
developing country Members pointed to the need to make Article IV operational.
Document S/C/M/35 dated 17 May 1999 paragr aph 36, and S/C/M/38 dated 13 September 1999,
paragraph 35, refers.
As part of the Guidelines and Procedures for the Negotiations on Trade in Services, adopted
by the Special Session of the Council for Tr ade in Services on 28 March 2001, Se ction III on
Modalities and Procedures provides for the Counci l, "when reviewing progress in negotiations, shall
consider the extent to which Article IV is being implemented and suggest ways and means of
promoting the goals established".  The modalities and procedures also require that consideration be
given to small suppliers of developing countries.  Finally, the Council is also required to conduct an
evaluation, before the completion of negotiations, of the results attained in terms of the objectives ofArticle IV (Document S/L/93 dated 29 March, 2001, refers).
C. G
ENERAL AGREEMENT ON TRADE IN SERVICES (GATS): A RTICLE IV:2
This provision also deals with increasing the participation of developing countries in world
trade.  It states as follows:WT/COMTD/W/77/Rev.1/Add.2
Page 7
"Developed country Members, and to the extent possible other Members, shall
establish contact points within two years from the date of entry into force of the WTO
Agreement to facilitate the access of developing country Members' service suppliers
to information, related to their respective markets, concerning:
(a) commercial and technical aspects of supply of services;(b) registration, recognition and obtaining of professional qualifications; and
(c) the availability of services technology".
This provision can be classified as an  obligation of result .  It clearly prescribes a result to be
achieved, that is, the establishment of contact points within a fixed time-period.  This provision also
stipulates an obligation of Members taken individually .
All developed country members, and many de veloping country Members have established
and notified contact points.  Document S/ENQ/78/Rev.1 dated 5 October 2001, refers.
III. PROVISIONS UNDER WHICH WTO MEMBERS SHOULD SAFEGUARD THE
INTERESTS OF DEVELOPING COUNTRY MEMBERS
A. T
HE "DECISION ON MEASURES CONCERNING THE POSSIBLE NEGATIVE EFFECTS OF THE
REFORM PROGRAMME ON LEAST -DEVELOPED  AND NET FOOD-IMPORTING DEVELOPING
COUNTRIES ":
1. Paragraph 3 (i)-(ii):
"Ministers  accordingly agree to establish  appropriate mechanisms to ensure that the
implementation of results of the Uruguay round on trade in agriculture does not
adversely affect the availability of food aid at a level which is sufficient to continue to
provide assistance in meeting the food n eeds of developing countries, especially
least-developed and net food-importing developing countries.  To this end  Ministers
agree :
(i) to review  the level of food aid established periodically by the Committee on
Food Aid under the Food Aid Convention 1986 and to initiate  negotiations in
the appropriate forum to establish a le vel of food aid commitments sufficient
to meet the legitimate needs of developing countries during the reform
programme;
(ii) to adopt  guidelines to ensure that an increasing proportion of basic
foodstuffs is provided to least-developed and net food-importing developingcountries in fully grant form and/or on appropriate concessional terms in line
with Articles IV of the Food Aid Convention 1986."
While Paragraph 3 (i)-(ii) does not use the word "shall", it can nonetheless be classified as an
obligation of result, in that it reflects the commitment of Minist ers to achieve certain results, that is,
establish appropriate mechanisms, review the level of food aid, initiate negotiations and adopt certainguidelines.  This provision also stipulates an obligation of Members taken collectively .
The current list of WTO net food-importing developing country Members is as follows:
least-developed countries as recognized by the Economic and Social Council of the United Nations, asWT/COMTD/W/77/Rev.1/Add.2
Page 8
well as Barbados, Botswana, Côte d'Ivoire, Cuba , Dominican Republic, Egypt, Honduras, Jamaica,
Kenya, Mauritius, Morocco, Pakistan, Peru, Saint Lucia, Sri Lanka, Saint Kitts and Nevis,
Saint Vincent and the Grenadines, Trinidad and Tobago, Tunisia and Venezuela.  Document
G/AG/5/Rev.4 dated 3 April 2001, refers.  The decision to establish this list was taken on the
understanding that " being listed would not as such confer automatic benefits since, under the
mechanisms covered by the Marrakesh Ministeria l Decision, donors and the institutions concerned
would have a role to play " (G/AG/R/4, dated 19 January 1996, paragraph 17).
At the Fourth Ministerial Conference, under the Decision on Implementation Related Issues
and Concerns (WT/MIN(01)/17 dated 14 November , 2001) paragraph 2.2, Ministers approved the
recommendations in the Report of the Committee on Agriculture regarding "(i) food aid;
(ii) technical and financial assistance in the context of aid programmes to improve agriculturalproductivity and infrastructure;  (iii) financing normal levels of commercial imports of basic
foodstuffs;  and (iv) review of follow-up.  Thes e recommendations are mandatory, with the exception
of those relating to technical and financial as sistance.  Document G/AG/11 dated 28 September 2001
refers.
2. Paragraph 4
"Ministers further agree to ensure  that any agreement relating to agricultural export
credits makes appropriate provision for differential treatment in favour of least-
developed and net food-importing developing countries."
While this provision does not use the word "shall", it can nonetheless be classified  as an
obligation of result .  The result to be achieved is that any agreement relating to agricultural export
credits makes appropriate provision for differential treatment.  This provision also stipulates an
obligation of Members taken collectively .
In the Decision of 14 November on Implementation-Related Issues and Concerns
(WT/MIN(01)/17), Ministers endorsed the decision and recommendations of the Committee on
Agriculture (G/AG/11 dated 28 September 2001) relating to export credits.  Should a Sector
Understanding on agricultural export credit s be concluded at the OECD, the Committee on
Agriculture will consider how this could be multilateralized within the framework of the Agreement
on Agriculture and how the provisions of paragraphs 4 have been taken into account.
3. Paragraph 6
"The provisions of this Decision will be subject to regular review  by the Ministerial
Conference, and the follow-up to this Decision shall be monitored , as appropriate, by
the Committee on Agriculture."
This provision can be classified as an obligation of result .  It prescribes that the provisions
will be reviewed regularly and that there will be a monitoring process by the Committee onAgriculture.  This provision also stipulates an obligation of Members taken collectively .
At a regular meeting of the Committee on Agriculture, the Committee was mandated to
review and report to the General Council on the follow-up to these recomm endations following its
regular September 2002 meeting. Document G/AG/11 dated 28 September 2001 refers.WT/COMTD/W/77/Rev.1/Add.2
Page 9
B. AGREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES ,
ARTICLE 10.1
"In the preparation and application of sanitary and phytosanitary measures,
Members shall  take account  of the special needs of developing country Members,
and in particular of least-developed country Members."
This provision can be classified as an  obligation of conduct , in that it does not prescribe a
particular result, but merely that Members "take account" of the special needs of developing countries
when in the process of preparing and applying sanitary and phytosanitary measures.  This provision
also stipulates an obligation of Members taken individually .
In discussions in the SPS Committee, some developing country Members have expressed
concern that although Article 10.1 provided that the special needs of developing countries shall be
taken into account in the preparation and application of SPS measures, this had rarely been done.
Document G/SPS/W/105 dated 9 May 2000 refers.  In November 1999, the Committee agreed to
examine the concerns of developing countries, focu ssing on specific issues they identified through
submissions and non-papers.  The discussions began on special and differential treatment inMarch 2000, and the Committee agreed to also focus on equivalence (Article 4) as of
November 2000.  The summary reports of the meetings include reference to relevant documents
provided by Members (G/SPS/R/17 through R/20).
In the light of its discussions on equivalence and in response  to the request from the General
Council that the Committee to examine the concerns of developing country Members regarding the
equivalence of sanitary or phytosanitary measures and develop concrete options as to how to deal with
them, the Committee took a Decision on the implementation of Article 4 of the SPS Agreement.  This
responded, in part to Article 10.1 of the Agr eement.  Document G/SPS/19 dated 26 October 2001
refers.
One of the difficulties and needs for special treatment identified by developing countries
(documents G/SPS/W/105, G/SPS/GEN/128 and G/SPS/GEN/197 refer) regards their effective
participation in the work of the relevant standard-set ting organizations.  This issue is also part of the
work to be done in WTO subsidiary bodies pursuant to the paragraph 3.5 (ii) of the Doha Decision on
Implementation-Related Issues and Concerns (W T/MIN(01)/17 dated 14 November 2001), addressing
specific existing special and differential treatment provisions.  In this Decision, Ministers urged "theDirector-General to continue his cooperative efforts with these [international standard setting]
organizations and [financial] institutions in this regard, including with a view to according priority to
the effective participation of least-developed countries and facilitating the provision of technical and
financial assistance for this purpose".  The actions taken by the Director-General have been reported
in WT/GC/42, WT/GC/45, WT /GC/46/Rev.1, WT/GC/54 and WT/MIN(01)/ST/97.
C. A
GREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES ,
ANNEX  B, PARAGRAPH 2
"Except in urgent circumstances, Members shall allow a reasonable interval  between
the publication of a sanitary or phytosanitary regulation and its entry into force inorder to allow time for producers in exporting Members, and particularly in
developing country Members, to adapt their products and methods of production to
the requirements of the importing Members."WT/COMTD/W/77/Rev.1/Add.2
Page 10
This provision can be classified as an obligation of result .  The provision requires Members
to ensure that there is sufficient "lead" time be tween the publication of a regulation and its entry into
force.  This provision also stipulates an obligation of Members taken individually .
This provision is addressed in the Doha Decision adopted 14 November 2001 on
Implementation-Related Issues and Concerns WT/MIN(01)/17 paragraph 3.2 which states, "Subject to
the conditions specified in paragraph 2 of Annex B to the Agreement on the Application of Sanitary
and Phytosanitary Measures, the phrase "reasonable interval" shall be understood to mean normally a
period of not less than 6 months.  It is understood that timeframes for specific measures have to be
considered in the context of the particular circumstances of the measure and actions necessary to
implement it.  The entry into force of measures which contribute to the liberalization of trade should
not be unnecessarily delayed".
D. AGREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES ,
ANNEX B, PARAGRAPH 9
"The Secretariat shall promptly circulate  copies of the notification to all Members
and interested international organizations and draw the attention of developingcountry Members to any notifications relating to products of particular interest to
them."
This provision can be classified as an  obligation of result .  It instructs the Secretariat to
provide copies of notifications to all Members, and to alert developing countries by drawing attention
to notifications on products of " interest to them" .
In implementing this provision, the Secretariat has modified the SPS notification format to
request information about which country(ies) were most likely to be affected by the notification.  The
Secretariat also prepares a monthly summary of SPS notifications received, drawing attention to the
issue at hand, which countries are most likely to be affected (where available), and the applicabledeadlines.  And in addition, the Secretariat has created a self-subscribing e-mail list for Members (and
interested public) to receive SPS notifications and other non-restricted SPS documents automatically -
normally two times per week.
E. A
GREEMENT ON TEXTILES AND CLOTHING , ARTICLE 6.6 (b)
"In the application of the transitional safeguard, particular account shall  be taken of
the interests of exporting Members as set out below:
Members whose total volume of textile and clothing exports is small in comparison
with the total volume of exports of othe r Members and who account for only a small
percentage of total imports of that product into the importing Member shall be
accorded  differential and more favourable treatment in the fixing of the economic
terms provided in paragraphs 8, 13 and 14.  For those suppliers, due account will be
taken , pursuant to paragraphs 2 and 3 of Article 1, of the future possibilities for the
development of their trade and the need to allow commercial quantities of imports
from them."
The chapeau presents language that can be classified as an obligation of conduct , since it
gives "particular account".  The first part of the provision can be classified an obligation of result
since it requires that  differential treatment be accorded in the fixing of certain economic terms.  The
second part can be classified as an obligation of conduct  since it requires a particular conduct, i.e.,
that Members take "due account" of future possibilities for trade development.  This provision also
stipulates an obligation of Members taken individually .WT/COMTD/W/77/Rev.1/Add.2
Page 11
Regarding this provision, concern was expressed that in the application of safeguard measures
by a Member, involving Members considered to be small suppliers, account had not been taken of the
specific requirement in Article 6.6(b) to provide differential and more favourable treatment.
Document G/L/224 dated 19 February 1998, paragraph 44 refers.
F. AGREEMENT ON TEXTILES AND CLOTHING , ARTICLE 6.6 ( C)
"In the application of the transitional safeguard, particular account shall be taken of
the interests of exporting Members as set out below:
with respect to wool products from wool-producing developing country members
whose economy and textile and clothing trad e are dependent on the wool sector,
whose textiles and clothing exports consist almost exclusively of wool products, andwhose volume of textiles and clothing trade  is comparatively small in the markets of
the importing Members, special consideration shall be given  to the export needs of
such Members when considering quota levels, growth rates and flexibility".
This provision can be classified as obligation of conduct, in that it enjoins Members not to
achieve a specific result, but to give "special consideration" to export needs of qualifying Memberswhen considering quota levels, growth rates and flexibility.  This provision also stipulates an
obligation of Members taken individually .
No safeguard action has been taken against any wool producing exporting country whose
economies are dependent on the wool sector.
G. A
GREEMENT ON TEXTILES AND CLOTHING , ANNEX , PARAGRAPH 3 (A)
"Actions under the safeguard provisions in Article 6 of this Agreement shall not
apply to :
developing country Members' exports of handloom fabrics of the cottage industry, or
hand-made cottage industry products made of such handloom fabrics, or traditional
folklore handicraft textile and clothing products, provided that such products are
properly certified under arrangements established between the Members concerned."
This provision can be classified as an  obligation of result .  It prevents Members from
applying safeguard measures in respect of developi ng country Members' exports.  This provision also
stipulates an obligation of Members taken individually .
No safeguard action has been taken against such products.
H. AGREEMENT ON TECHNICAL BARRIERS TO TRADE , ARTICLE 10.6
 "The Secretariat shall , when it receives notifications in accordance with the
provisions of this Agreement, circulate copies of the notifications to all Members and
interested international standardizing  and conformity assessment bodies, and draw
the attention  of developing country Members to any notifications relating to products
of particular interest to them."
This provision can be classified as an  obligation of result .  It instructs the Secretariat to
provide copies of notifications to all Members and to alert developing countries to notifications onproducts of "interest to them ".WT/COMTD/W/77/Rev.1/Add.2
Page 12
In relation to this Article, the Secretariat has set up a system whereby notifications of interest
to developing and least-developed countries are automatically sent to them. Document G/TBT/W/124
dated 22 December 1999 refers.
I. AGREEMENT ON TECHNICAL BARRIERS TO TRADE , ARTICLE 12.1
"Members shall provide  differential and more favourable treatment to developing
country Members to this Agreement, through the following provisions as well as
through the relevant provisions of other Articles of this Agreement."
This provision can be classified as an  obligation of result .  It requires Members to provide he
treatment prescribed in the following provisions and Articles.  This provision also stipulates an
obligation of Members taken individually .
J. AGREEMENT ON TECHNICAL BARRIERS TO TRADE , ARTICLE 12.2
"Members shall give particular attention  to the provisions of this Agreement
concerning developing country Members' rights and obligations and shall  take into
account  the special development, financial and trade needs of developing country
Members in the implementation of this Agreement, both nationally and in the
operation of this Agreement's institutional arrangements."
This provision can be classified as an  obligation of conduct .  No particular result is
prescribed.  Instead, Members must, in the implementation of the TBT Agreement,  "give particular
attention" to the rights and obligations of developing country Members, and also "take into account"their special trade needs.  This provision also stipulates an obligation of Members taken
individually .
One session of the workshop held in July 2000 on Technical Assistance and Special and
Differential Treatment in the context of the TB T Agreement dealt with identifying realistic and
practical options for progress by developing country Members and their needs concerning the
implementation and administration of the Agreement.  At the Second Triennial Review of the TBT
Agreement (November 2000), the Committee agreed to "develop a demand driven technical
cooperation programme related to the Agreement  taking into account existing and proposed technical
assistance activities, as well as seeking ways to achieve more effective cooperation among donors to
better target the needs identified by developing country Members".
It also "agreed that the progress made in implementing the programme should be assessed by
the Committee in the context of the Third Triennial review and that the Committee should also reflect
its work on the programme in its Annual Report to the General Council."  Document G/TBT/9 dated
13 November 2000, refers.
K. A
GREEMENT ON TECHNICAL BARRIERS TO TRADE , ARTICLE 12.3
"Members shall , in the preparation and application of technical regulations,
standards and conformity assessment procedures, take account  of the special
development, financial and trade needs of developing country Members, with a view
to ensuring that such technical regulations, standards and conformity assessmentprocedures do not create unnecessary obstacles to exports from developing country
Members."WT/COMTD/W/77/Rev.1/Add.2
Page 13
This provision can be classified as an  obligation of conduct . The conduct is to "take
account" of the needs of developing country Members.  There is with the objective of ensuring that
the regulations do not create obstacles to exports of developing country Members.  This provision also
stipulates an obligation of Members taken individually .
The Secretariat has no information regarding whether Members have applied this provision.
L. AGREEMENT ON TECHNICAL BARRIERS TO TRADE , ARTICLE 12.5
"Members shall take such reasonable measures  as may be available to them to
ensure  that international standardization bodies and international systems for
conformity assessment are organized and operated in a way which facilitates active
and representative participation of relevant bodies in all Members, taking into
account  the special problems of developing country Members."
This provision can be classified as an  obligation of conduct . It requires Members to take all
reasonably available measures to ensure a specified result and, in so doing, to take account of the
special problems of developing country Members.  There is no strict obligation, however, to achieve
the specified result under any circumstances.  When read in the context of the other provisions ofArticle 12, this provision could be viewed as an obligation of Members taken individually .
The TBT Committee adopted a Decision on Principles for the Development of International
Standards, Guides and Recommendations with Relation to Articles 2, 5 and Annex 3 of the
Agreement , to ensure that the principles of transparency, openness, impartiality and consensus,
effectiveness and relevance, and coherence were taken into account in the preparation of international
standards, and to address the concerns of developing countries. Document G/TBT/1/Rev.7 dated
28 November 2000, refers.  In particular, the Decision addresses the "Development Dimension",
where it asks that the "constraints in developing c ountries, in particular, to effectively participate in
standards development, should be taken into consideration in the standards development process".
As a result of a request by the General Council in October 2000, on 23 January 2001, a
meeting was held with a number of organizations  involved in standard-setting and TBT-related
technical assistance activities to address:  (i) the technical assistance which these organizations
provide, and (ii) how to facilitate the participation of developing countries in the work of international
standardizing bodies.  The organizations were asked to report back to the WTO on the technical
assistance they provide, and the steps they take to  facilitate developing country involvement in their
work.  (WT/GC/42, 45, 46/Rev.1, 46R1, and 48).
The Secretariat is currently compiling the info rmation received and the Committee is working
towards the preparation of a technical assistance programme for developing countries to be assessed
in the context of the Third Triennial Review of the Agreement (2003).
This issue is also dealt with in the Doha Decision of 14 November 2001 on Implementation-
Related Issues and Concerns (WT/MIN(01)/17) where in paragraph 5.3, it states that Ministers,
(i) Took "note of the actions taken to date by the Director-General to facilitate the increased
participation of Members at different levels of development in the work of the relevant internationalstandard setting organizations as well as his efforts to coordinate with these organizations and
financial institutions in identifying TBT-related technical assistance needs and how best to address
them; and (ii) [Urged] the Director-General to continue his cooperative efforts with these
organizations and institutions, including with a view to according priority to the effective participation
of least-developed countries and facilitating the provision of technical and financial assistance for thispurpose".WT/COMTD/W/77/Rev.1/Add.2
Page 14
M. AGREEMENT ON TECHNICAL BARRIERS TO TRADE :  ARTICLE 12.8
"It is recognized that developing country Members may face special problems,
including institutional and infrastructural problems, in the field of preparation and
application of technical regulations, standards and conformity assessment
procedures.  It is further recognised that the special development and trade needs ofdeveloping country Members, as well as their stage of technological development,
may hinder their ability to discharge fully their obligations under this Agreement.
Members therefore, shall take this fact fully into account .  Accordingly, with a view
to ensuring that developing country Members are able to comply with this Agreement,
the Committee on Technical Barriers to Trade provided for in Article 13 (referred to
in this Agreement as the "Committee") is enabled to grant, upon request, specified,
time-limited exceptions in whole or in part from obligations under this Agreement.When considering such requests the Committee shall  take into account  the special
problems, in the field of preparation and application of technical regulations,
standards and conformity assessment procedures, and the special development and
trade needs of the developing country Members, as well as its stage of technological
development, which may hinder its ability to discharge fully its obligations under thisAgreement.  The Committee shall , in particular, take into account  the special
problems of least-developed country Members."
This provision can be classified as an obligation of conduct .  It requires the Committee,
when considering requests for time-limited exceptions, to "take into account" the special problems of
developing country Members and least-developed country Members.  It does not require theCommittee automatically to grant exceptions.  This provision also stipulates an obligation of
Members taken collectively, inasmuch as it appears to constitute an obligation directed at the
relevant Committee.
Thus far, no request has been made under this Article for a time-limited exemption.
N. A
GREEMENT ON TECHNICAL BARRIERS TO TRADE , ARTICLE 12.9
"During consultations, developed country Members shall  bear in mind  the special
difficulties experienced by developing country Members in formulating and
implementing standards and technical re gulations and conformity assessment
procedures, and in their desire to assist developing country Members with their
efforts in this direction, developed country Members shall  take account  of the special
needs of the former in regard to financing, trade and development."
This provision can be classified as an  obligation of conduct .  It uses phrases such as "bear in
mind" and "take account", which indicate that no specific result is predetermined. This provision also
stipulates an obligation of Members taken individually .
A session of the workshop of Technical Cooperation and Special and Differential Treatment
dealt with development of human and institutional resources, ways by which technical regulations and
standards of markets could best be met, and other matters of capacity building.  As previously stated,
the TBT Committee is developing a "demand driven technical cooperation programme related to the
Agreement" as mandated by the Second Triennial Review.WT/COMTD/W/77/Rev.1/Add.2
Page 15
O. AGREEMENT ON TECHNICAL BARRIERS TO TRADE , ARTICLE 12.10
"The Committee shall  examine  periodically the special and differential treatment, as
laid down in this Agreement, granted to developing country Members on national and
international levels."
This provision can be classified as an obligation of result , insofar as it requires a periodical
examination of the special and differential treatment laid down in the Agreement.  This provision also
stipulates an obligation of Members taken collectively given it requires the Committee to take
action.
In the decisions and recommendations adopted by the Committee since 1 January 1995
concerning its rules of procedure and the interpretation, implementation and administration of the
Agreement, "specific needs for technical assistance, as well as information that may be provided bypotential donor Members on their technical assistance programmes, may be communicated to
Members through the Secretariat.  Members will take into account the provisions of Article 11.8 of
the TBT Agreement when considering requests for technical assistance from the least-developed
country Members.  In agreement with requesting Members or potential donor Members, as the case
may be, the information concerning specific needs and technical assistance programmes would becirculated by the Secretariat to all Members on an informal basis.  Whilst information would be
multilateralized in this manner, technical assistance would continue to be provided on a bilateral
basis.  The Secretariat would reflect the info rmation circulated under this procedure in the
documentation prepared for annual reviews of the implementation and operation of the Agreement if
the Members concerned so agree."
"Technical assistance would remain as an item of the agenda of the Committee on a
permanent basis and would be included on the agenda of a regular meeting of the Committee when so
requested by a Member in accordance with the agreed procedures."  Document GT/TBT/1/Rev.7
refers.
P. 
  IMPLEMENTATION OF ARTICLE VI OF THE GATT 1994, A RTICLE 15
"It is recognized that special regard must be given  by developed country Members to
the special situation of developing country Members when considering the
application of anti-dumping measures under this Agreement.  Possibilities of
constructive remedies provided for by this Agreement shall be explored  before
applying anti-dumping duties where they would affect the essential interests ofdeveloping country Members."
This provision can be classified as an obligation of conduct .  The provision requires that, in
certain circumstances, "special regard" be given to the situation of developing country Members and
that constructive remedies be "explored".  No specific result is envisaged.  This provision also
stipulates an obligation of Members taken individually .
The Panel in European  Communities – Antidumping Duties on Imports of Cotton-Type Bed
Linen from India  rule that the European Communities had failed to act consistently with the
obligations imposed by Article 15 of the Antidumping Agreement.  In it findings, the Panel noted
that:  (i) Article 15 refered to "remedies" in respect of injurious dumping.  A decision not to imposean anti-dumping duty was not a remedy of any type, constructive or otherwise;  (ii) Imposition of a
lesser duty or a price undertaking would constitute  "constructive remedies" within the meaning of
Article 15.  The Panel did not come to a conclusion as to what other actions might in addition
constitute "constructive remedies" Article 15;  (iii) The phrase "before applying anti-dumping duties"
in Article 15 means before the application of definitive  antidumping duties;  and (iv) Article 15WT/COMTD/W/77/Rev.1/Add.2
Page 16
imposes no obligation to actually provide or accept any constructive remedy that may be identified
and/or offered.  The Panel concluded that Article 15 does, however, impose an obligation to actively
consider, with an open mind, the possibility of such a remedy prior to the imposition of an anti-
dumping measure that would affect the essential interests of a developing country.  (WT/DS/141R
dated 30 October 2000).  The Dispute Settlement Body adopted the report of the Panel as modified by
the Appellate Body (which did not consider this aspect of the Panel's report) on 12 March 2001.  On
7 August 2001 the EC suspended the application of the anti-dumping measure with regard to imports
originating in India, effective 14 August 2001.  The EC considers that by this action, it has fully
implemented the DSB recommendations and rulings.  India has made known to the EC that it is in
disagreement as to whether this action constitutes full implementation of the DSB recommendations
and rulings in the dispute.  (WT/DS141/11, dated 21 September 2001)
In discussions on this provision in the Co mmittee on Anti-Dumping Practices, Members have
expressed the view that developed Members have not complied with Article 15 when imposing anti-
dumping duties.  (G/ADP/W/416 dated 8 November 2000, G/ADP/M/15 dated 14 March 2000,
G/ADP/M/16 dated 20 September 2000, G/ADP/M /17 dated 9 April 2001, G/ADP/M/18 dated
21 November, 2001).
This issue is also part of the work to be done in WTO subsidiary bodies pursuant to
paragraph 7.2 of the Doha Decision of 14 November 2001 on Implementation-Related Issues and
Concerns (WT/MIN(01)/17).  In this Decision, Mi nisters recognize "that, while Article 15 of the
Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994is a mandatory provision, the modalities for its application would benefit from clarification."
Pursuant to this decision, "the Committee on Anti-Dumping Practices is instructed, through its
working group on Implementation, to examine this issue and to draw up appropriate recommendations
within twelve months (that is by 14 November 2002) on how to operationalize this provision".
Q. I
MPLEMENTATION OF ARTICLE VII OF THE GATT 1994, A NNEX III.5
"Certain developing countries may have prob lems in the implementation of Article 1
of the Agreement insofar as it relates to  importations into their countries by sole
agents, sole distributors and sole concessionaires.  If such problems arise in practice
in developing country Members applying the Agreement, a study of this question shall
be made , at the request of such Members, with a view to finding appropriate
solutions."
This provision can be classified as an obligation of result .  It requires the production of a
study if requested by the qualifying Member.  This provision also stipulates an obligation of
Members taken collectively .
No request for a study has been made thus far in relation to Annex II.5.
R. DECISION ON TEXTS RELATING TO MINIMUM VALUES AND IMPORTS BY SOLE AGENTS , SOLE
DISTRIBUTORS , AND SOLE CONCESSIONAIRES :  TEXT 1
"Where a developing country makes a reservation to retain officially established
minimum values within the terms of paragraph 2 of Annex III and shows good cause,the Committee shall  give the request for the reservation sympathetic consideration.
Where a reservation is consented to, the terms and conditions referred to in
paragraph 2 of Annex III shall take full account  of development, financial and trade
needs of the developing country concerned."WT/COMTD/W/77/Rev.1/Add.2
Page 17
Both paragraphs can be considered to be an obligations of conduct .  The first part "give
sympathetic consideration" is construed to mean that, in principle, the Committee has the option of
not acceding to a request for a reservation.  The second part of the provision can be classified as an
obligation of conduct  since it prescribes that the terms and conditions attached to a reservation take
"full account" of the needs of the developing country Member concerned.  It does not require specificterms and conditions.  This provision also stipulates an obligation of Members taken collectively in
view of the fact that it lays a conditional obligation on the relevant Committee.
Annex III.2 of the Agreement states that " developing countries which currently value goods
on the basis of officially established minimum values may wish to make a reservation to enable them
to retain such values on a limited and transitional basis under such terms and conditions as may be
agreed to by the Members ".
Twenty Members have the right to use minimum values, either through a Decision by the
Committee granting them a reservation to maintain minimum values under paragraph 2, Annex III, or
by virtue of the fact that they continue to benefit from delayed implementation under Article 20.1,
paragraph 1, Annex III,  or through an Article IX waiver from their obligations under the Agreement
on Customs Valuation.
S. A
GREEMENT ON SUBSIDIES AND COUNTERVAILING MEASURES , ARTICLE 27.15
"The Committee shall , upon request by an interested developing country Member,
undertake  a review of a specific countervailing measure to examine whether it is
consistent with the provisions of paragraphs 10 and 11 as applicable to the
developing country Member in question."
This provision can be classified as an obligation of result  insofar as it requires the relevant
Committee to initiate and carry out a review of a CVD measure, if so requested.  This provision also
stipulates an obligation of Members taken collectively since the Committee is instructed to
undertake a review.
To date no request has been received by the SCM Committee pursuant to Article 27.15 (that
is, to review a specific countervailing measure).  This issue is also part of the work to be done in
WTO subsidiary bodies pursuant to the paragraph 10.3 of the Decision adopted 14 November 2001 on
Implementation-Related Issues and Concerns (WT/MIN(01)/17), addressing specific existing special
and differential treatment provisions.  In this Decision, Ministers agreed  that the Committee onSubsidies and Countervailing Measures continue its review of the provisions of the Agreement on
Subsidies and Countervailing Measures regarding countervailing duty investigations and report to the
General Council by 31 July 2002.  This Decision covers all provisions of the SCM Agreement having
to do with countervailing duty investigations.  To date, no Member has submitted a proposal
concerning Article 27.15 in the context of this review.
T. A
GREEMENT ON SAFEGUARDS , ARTICLE 9.1,  D EVELOPING COUNTRY MEMBERS
"Safeguard measures shall  not be applied  against a product originating in a
developing country Member as long as its share of imports of the product concerned
in the importing Member does not exceed 3 per cent, provided that developingcountry Members with less than 3 per cent import share collectively account for not
more than 9 per cent of total imports of the products concerned 
2."
Footnote 2:  "A Member shall  immediately notify  an action under paragraph 1 of
Article 9 to the Committee on Safeguards."WT/COMTD/W/77/Rev.1/Add.2
Page 18
This provision can be classified as an  obligation of result  given that, subject to certain
conditions, it prevents Members from applying safeguard measures against products from certain
developing country Members.  It also prescribes the notification of any safeguard measures that may
nevertheless be taken.  This provision also stipulates an  obligation of Members taken individually
since individual Members take safeguard measures.
This provision is invoked generally when a safeguard measure is conducted.
U. UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES ,
ARTICLE 8.10
"When a dispute is between a developing country Member and a developed country
Member the panel shall , if the developing country Member so requests, include  at
least one panelist from a developing country Member."
This provision can be classified as an  obligation of result , as it requires the inclusion of at
least one panelist from a developing country Member, if a request is made.  This provision also
stipulates an obligation of Members taken individually insofar as a developed country Member
cannot object to inclusion of a panelist on the grounds that the person is from a developing countryMember.
In disputes between developing country Memb ers and developed country Members, nationals
of developing country Members regularly serve as panelists.  This has been the result of specific
requests from developing country Members pursuant to this provision.
V. U
NDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES ,
ARTICLE 12.10
"In the context of consultations involving a measure taken by a developing country
member, the parties may agree to extend the periods established in paragraphs 7 and8 of Article 4.  If, after the relevant period has elapsed, the consulting parties cannot
agree that the consultations have concluded, the Chairman of the DSB shall  decide ,
after consultation with the parties, whether to extend the relevant period and, if so,
for how long."
"In addition, in examining a complaint against a developing country Member, the
panel shall  accord  sufficient time for the developing country Member to prepare and
present its argumentation.  The provisions of paragraph 1 of Article 20 andparagraph 4 of Article 21 are not affected by any action pursuant to this paragraph."
This first part of this provision can be classified as an  obligation of result since it requires
the Chairman of the DSB to make a decision.  The second part of the provision can be classified as an
obligation of result, in that it requires panels to grant sufficient time to developing country
respondents to prepare and present their argumentation.
In one dispute, a developing country defendant contended that the process raised a number of
questions in relation to the DSU such as (i) the real difficulties faced by developing countries on the
insistence by a developed country that consultations be held only in Geneva;  (ii) the meaning and
significance of the consultations stage;  (iii) whether a Member could decide unilaterally thatconsultations had been concluded in particular since Article 12.10 of the DSU provided that "In the
context of consultations involving a measure taken by a developing country Member, the parties may
agree to extend the period established in paragraph 7 and 8 of the Article 4.  If, after the relevant
period has elapsed, the consulting parties cannot ag ree that the consultations have concluded, theWT/COMTD/W/77/Rev.1/Add.2
Page 19
Chairman of the DSB shall decide, after consultations  with the parties, whether to extend the relevant
period, and if so, for how long."  For all these reas ons, one developing country  Member could not agree
to the establishment of a panel requested by a developed country Member.  WT/DSB/M/21, dated
5 August 1996, page 4 refers.
W. UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES ,
ARTICLE 12.11
"Where one or more of the parties is a developing country Member, the panel's report
shall explicitly indicate  the form in which account has been taken of relevant
provisions on differential and more-favourable treatment for developing country
Members that form part of the covered agreements which have been raised by the
developing country Member in the course of the dispute settlement procedures."
This provision can be classified as an  obligation of result since it requires panels to indicate
in their reports how special and differential treatment provisions have been taken into account.
Panel reports show that this provision has been taken into account. Examples can be found in
document WT/DS/141/R ( EC - Bed Linen ) dated 15 May 2000, or document WT/DS/90/R ( India -
Quantitative Restrictions ) dated  6 April 1999.
X. UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES ,
ARTICLE 21.7
"If the matter is one which has been raised by a developing country Member, the DSB
shall consider  what further action  it might take which would be appropriate to the
circumstances."
This provision can be classified as an obligation of conduct if it is understood to mean that
the DSB is not required to take specific further action, but rather to "think" about and discuss what, if
any, further action might be taken.  This provision also stipulates an obligation of Members taken
collectively since the obligation is laid on the DSB.
Y. UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES ,
ARTICLE 21.8
"If the case is one brought by a developing country Member, in considering what
appropriate action might be taken, the DSB shall  take into account  not only the trade
coverage of measures complained of, but also their impact on the economy ofdeveloping country Members concerned."
This provision can be classified as an obligation of conduct .  The provision does not
prescribe specific action to be taken, but rather requires the DSB to "take into account" certain aspects
in considering specific action.  This provision also stipulates an obligation of Members taken
collectively since the DSB is the addressee of the obligation.
This provision has been taken into account in an arbitrator's decision pursuant to Article 22.7
of the DSU.  Document WT/DS27/ARB/ECU ( EC – Bananas III (Ecuador) (Article 22.6 – EC))  refers.WT/COMTD/W/77/Rev.1/Add.2
Page 20
Z. GENERAL AGREEMENT ON TRADE IN SERVICES , SUBSIDIES , ARTICLE XV.1
"Members recognise that, in certain circumstances, subsidies may have distortive
effects on trade in services.  Members shall enter into negotiations with a view to
developing the necessary multilateral disciplines to avoid such trade-distortiveeffects.
7  The negotiations shall also address the appropriateness of countervailing
procedures.  Such negotiations shall also recognize  the role of subsidies in relation
to the development programmes of developing countries and take into account  the
needs of Members, particularly developing country Members, for flexibility in this
area.  For the purpose of such negotiations , Members shall exchange  information
concerning all subsidies related to trade in services that they provide to their
domestic service suppliers."
Footnote 7:  "A future work programme shall  determine  how, and in what time-frame,
negotiations on such multilateral disciplines will be conducted."
The classification of this provision presents some difficulty.  The provision could be
considered an obligation of conduct  if it is understood to mean that the mandated negotiations must
"recognize" the development role of subsidies and "take account" of the needs of developing countriesfor flexibility, without, however, predetermining a specific result.  If, on the other hand, the provision
is understood to mandate some  flexibility for developing country Members, it could be classified as an
obligation of result .  This provision also stipulates an obligation of Members taken collectively in
view of the fact that the envisaged negotiations are multilateral in nature.
AA. G
ENERAL AGREEMENT ON TRADE IN SERVICES , NEGOTIATIONS ON SPECIFIC COMMITMENTS ,
ARTICLE XIX.3
"For each round, negotiating guidelines and procedures shall be established.  For the
purposes of establishing such guidelines, the Council for Trade in Services shall
carry out an assessment of trade in services in overall terms and on a sectoral basiswith reference to the objectives of this Agreement, including those set out in
paragraph 1 of Article IV.  Negotiating guidelines shall  establish  modalities for the
treatment of liberalization undertaken autonomously by Members since previous
negotiations, as well as for the special treatment for least-developed country
Members under the provisions of paragraph 3 of Article IV "
This provision can be classified as an obligation of result .  It prescribes for that negotiating
guidelines and modalities be established for the treatment of liberalisation undertaken autonomously.Section V.B.3 below refers to Article IV.3 on least-developed countries.  It is not entirely clear
whether this provision stipulates an obligation of Members taken collectively and/or of  Members
taken individually .  The provision could be seen as directed both at Members engaged in multilateral
negations and at Members engaged in bilateral negotiations.
Guidelines and Procedures for the Negotiations on Trade in Services were adopted by the
Special Session of the Council for Trade in Services on 28 March 2001, pursuant to the objectives of
the GATS, as stipulated in the Preamble and Article IV, and as required by Article XIX.
Document S/L/93 dated 29 March 2001, refers. Section III of "Modalities and Procedures",
paragraph 13 addresses requirements specific to this provision stating,  "Based on multilaterallyagreed criteria, account shall be taken and credit shall be given in the negotiations for autonomous
liberalization undertaken by Members since previous negotiations.  Members shall endeavour to
develop such criteria prior to the start of negotiation of specific commitments."WT/COMTD/W/77/Rev.1/Add.2
Page 21
During a Special Session of the Services Council, several devel oping countries made
submissions made with regard to the t reatment of autonomous liberalization in the WTO service
negotiations.  Documents S/CSS/W/126 and 130 dated 30 November 2001 refer.
IV. TECHNICAL ASSISTANCE
A. AGREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES ,
ARTICLE 9.1
"Members agree to facilitate the provision of technical assistance to other Members,
especially developing country Members, either bilaterally or through the appropriate
international organizations.  Such assistance may be, inter alia, in the areas of
processing technologies, research and infrastructure, including in the establishment
of national regulatory bodies, and may take the form of advice, credits, donations and
grants, including for the purpose of seeking technical expertise, training and
equipment to allow such countries to adjust to, and comply with, sanitary orphytosanitary measures necessary to achieve the appropriate level of sanitary or
phytosanitary protection in their export markets."
Although this provision does not contain the word "shall", the terms "Members agree" is a
mandatory commitment to undertake a particular action.  It can be considered an obligation of
conduct , since it facilitates the provision of technical assistance.  It also stipulates an obligation of
Members taken collectively .
The SPS Committee has made Technical Cooperation and Assistance a standing item on the
agenda of its regular meetings.  Developing country Members are invited to identify their technical
assistance needs, and some have done so (see, for example, documents G/SPS/GEN/199,
G/SPS/GEN/208 and G/SPS/GEN/257).  The Secretariat prepared a typology paper on technical
assistance needs (G/SPS/GEN/206) and the issue was the subject of an informal meeting of the
Committee held on 9 July 2001 (G/SPS/GEN/267).  The Secretariat has also circulated two
questionnaires regarding technical assistance needs and programmes (G/SPS/W/101 and W/103), and
replies have been circulated to all Members (G/SPS/GEN/143 and addendum, and G/SPS/GEN/181).
Developing country concerns regarding technical assistance is also included is also included
in paragraph 3.5 (ii) of the Decision of 14 November 2001 on Implementation-Related Issues and
Concerns (WT/MIN(01)/17), addressing specific existing special and differential treatment
provisions.  In this Decision, Ministers urged "the Director-General to continue his cooperative effortswith these [international standard setting] organizations and [financial] institutions in this regard,
including with a view to according priority to the effective participation of least-developed countries
and facilitating the provision of technical and financial assistance for this purpose".  The actions taken
by the Director-General have been reported in WT/GC/42, WT/GC/45, WT/GC/46/Rev.1, WT/GC/54
and WT/MIN(01)/ST/97.
B. A
GREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES ,
ARTICLE  9.2
"Where substantial investments are required in order for an exporting developing
country Member to fulfil the sanitary or phytosanitary requirements of an importing
Member, the latter shall consider  providing  such technical assistance as will permit
the developing country Member to maintain and expand its market accessopportunities for the product involved."WT/COMTD/W/77/Rev.1/Add.2
Page 22
This Article can be classified as an obligation of conduct  given that it instructs "importing
Members" to "consider providing such technical assistance".  This provision also stipulates an
obligation of Members taken individually .
The SPS Committee has developed two questionnaires on technical assistance needs and
activities (document G/SPS/W/113 dated 15 October 2001 refers) and by preparing a typology paper
on technical assistance needs (document  G/SPS/GEN/206 dated 18 October 2000 refers).
C. AGREEMENT ON TECHNICAL BARRIERS TO TRADE , ARTICLES 11.1-11.7 AND 12.7
"11.1 Members shall , if requested, advise  other Members, especially the developing
country Members, on the preparation of technical regulations."
11.2 "Members shall , if requested, advise  other Members, especially the
developing country members, and shall  grant  them technical assistance on mutually
agreed terms and conditions regarding the establishment of national standardization
bodies, and participation in the international standardization bodies, and shall
encourage  their national standardization bodies to do likewise."
11.3 Members shall , if requested, take such reasonable measures  as may be
available to them to arrange for the regulatory bodies within their territories to
advise other Members, especially the developing country Members, and shall  grant
them technical assistance on mutually agreed terms and conditions regarding:
11.3.1 the establishment of regulatory bodies, or bodies for the assessment
of conformity with technical regulations; and
11.3.2 the methods by which their technical regulations can best be met.
11.4 Members shall , if requested, take such reasonable measures  as may be
available to them to arrange for advice to be given to other Members, especially the
developing country Members, and shall  grant them technical assistance on mutually
agreed terms and conditions regarding the es tablishment of bodies for the assessment
of conformity with standards adopted within the territory of the requesting Member.
11.5 Members shall , if requested, advis e other members, especially the developing
country members, and shall grant  them technical assistance on mutually agreed
terms and conditions regarding the steps that should be taken be their producers if
they wish to have access to systems for conformity assessment operated by
governmental or non-governmental bodies within the territory of the Member
receiving the request.
11.6 Members which are members or participants of international or regional
systems  for conformity assessment shall , if requested, advise  other Members,
especially the developing country members, and shall  grant  them technical assistance
on mutually agreed terms and conditions regarding the establishment of the
institutions and legal framework which would enable them to fulfil he obligations of
membership or participation in such systems.WT/COMTD/W/77/Rev.1/Add.2
Page 23
11.7 Members shall , if so requested, encourage  bodies within their territories
which are members or participants of international or regional systems for
conformity assessment to advise other Members, especially the developing country
Members, and should consider requests fo r technical assistance from them regarding
the establishment of the institutions which would enable the relevant bodies withintheir territories to fulfil the obligations of membership or participation.
12.7 Members shall , in accordance with the provisions of Article 11, provide
technical assistance to developing country Members to ensure that the preparation
and application of technical regulations, standards and conformity assessment
procedures do not create unnecessary obstacles to the expansion and diversification
of exports from developing country Members.  In determining the terms and
conditions of technical assistance,  account shall be taken  of the stage of development
of the requesting Members and in particular of the least-developed country
Members."
To the extent that the above-quoted provisions require Members to "grant" or "provide"
technical assistance or to "advise" developing country Members, they prescribe a particular result and
may thus be classified as obligations of result .  Where the provisions require Members to "consider"
requests for technical assistance or "take account" of certain aspects in determining the terms of
technical assistance, "encourage" their standardizing bodies to provide technical assistance or "take
such reasonable measures as may be available" to arrange for advice to be given, they do not prescribe
a particular result, but rather a particular conduct and may, hence, be classified as obligations of
conduct .  These provisions also stipulate obligations of Members taken individually , in that each
Member individually must comply with the obligations in question.
Based on the information gathering segment of the Committee's TBT-Related Technical
Cooperation Programme, at a TBT meeting on June 29 2001, the Secretariat had received
18 submissions  identifying technical assistance needs and provisions.  There have also beensubmissions of technical assistance provided those to be provided.  Submissions by Members can be
found in documents G/TBT/160, 163, 164, and 166.  In relation to Article 12.7, at the workshop on
Technical Assistance and Special and Differential Treatment, a number of presentations were made
on the technical and financial assistance already being provided by national and international
conformity assessment systems to developing  c o u n t r i e s .   D o c u m e n t  G / T B T / S P E C / 1 5  d a t e d
20 April 2000 contains the programme workshop.
In terms of facilitating the participation of developing countries in the work on international
standard setting bodies, as previously stated, numer ous steps have been taken by the Director-General
in cooperation with a number of international organizations, and the 14 November 2001 Decision on
Implementation-Related Issues and Concerns (WT/MIN(01)/17) took note of these efforts.
On technical assistance more generally, the decision on Implementation-related Issues and
Concerns (WT/MIN(01)/17) confirmed the approach to technical assistance being developed by the
Committee in Technical Barriers to trade, reflecting th e results of the triennial work in this area, and
mandates this work to continue.  The Committee will therefore continue developing the technical
assistance programme which it has started developing.  The TBT Committee is the responsible agentin this case.  There is no time-frame on this mandate.
In addition, the Doha Decision on Implementation-Related Issues and Concerns of
14 November 2001, in paragraph 5.4, "(i) Urges Members to provide, to the extent possible, the
financial and technical assistance necessary to enable least-developed countries to respond adequatelyto the introduction of any new TBT measures which may have significant negative effects on their
trade; and (ii) Urges Members to ensure that technical assistance is provided to least-developedWT/COMTD/W/77/Rev.1/Add.2
Page 24
countries with a view to responding to the special problems faced by them in implementing the
Agreement on Technical Barriers to Trade".
D. IMPLEMENTATION OF ARTICLE VII OF GATT 1994:  A RTICLE 20.3
"Developed country Members shall  furnish , on mutually agreed terms, technical
assistance to developing country Members that so request.  On this basis developed
country Members shall draw up  programmes of technical assistance which may
include, inter alia, training of personnel, assistance in preparing implementation
measures, access to sources of information regarding customs valuation
methodology, and advice on the application of the provisions of this Agreement."
This provision can be classified as laying down  obligations of result , since it provides for
Members to achieve specific results, that is, to "furnish" technical assistance, if requested, and to"draw up" programmes. This provision also stipulates an obligation of Members taken individually ,
in that it is addressed to each developed country Member individually.
In 1998, the Committee on Customs Valuation published an inventory of technical assistance
activities undertaken by WTO and WCO relating to fifty-two Members.  It was noted that "It is likelythat many activities have not been included for lack of information".  (G/VAL/W/25).  Some
developed country Members have identified areas of technical assistance relating to this provision,
that they have provided to developing coun try Members.(G/VAL/M/12; G/VAL/W/36; G/VAL/W/37
and Add.1;  G/VAL/W/48 dated 16 November 1999;   and G/VAL/W/49 dated 30 November 1999).
One developing country Member also drew attention to the technical cooperation activities it hadcarried out (G/VAL/M/14 dated 22 June 2000).  There has also been a work programme on technical
assistance for capacity building as regards the implementation and administration of the WTO
agreement on customs valuation  (G/VAL/W/82/Rev.1 dated 12 July 2001, G/L/488 dated
4 October 2001, and G/VAL/8/Add.8 dated 15 October 2001).
E. G
ENERAL AGREEMENT ON TRADE IN SERVICES :  ARTICLE XXV.2
"Technical assistance to developing countries shall be provided  at the multilateral
level by the Secretariat and shall  be decided  upon by the Council for Trade in
Services."
This provision can be classified as an  obligation of result , in that it instructs the Services
Council to take specific action, namely to "decide"  on technical assistance to be provided by the
Secretariat.  This provision also stipulates an obligation of Members taken collectively , insofar as it
requires a decision by the relevant Council.
There have been various programmes of technical assistance provided by the Secretariat
pursuant to this provision.  Documents WT/COMTD/W/62 dated 6 May 1999, WT/COMTD/W/70
dated 23 May 2000, and WT/COMTD/W/83 dated 2 May 2001, refer.
F. GENERAL AGREEMENT ON TRADE IN SERVICES : A NNEX ON TELECOMMUNICATIONS ,
PARAGRAPH 6(C)
"In cooperation with relevant international organizations, Members shall make
available , where practicable, to developing countries information with respect to
telecommunications services and developments in telecommunications and
information technology to assist in st rengthening their domestic telecommunications
services sector."WT/COMTD/W/77/Rev.1/Add.2
Page 25
This provision can be classified as  an obligation of result , since it requires Members to
"make available" certain information.  It is however qualified by the phrase "where practicable".  This
provision stipulates an obligation of Members taken individually .
G. AGREEMENT ON TRADE -RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS :
ARTICLE  67
"In order to facilitate the implementati on of this Agreement, developed country
Members shall provide , on request and on mutually agreed terms and conditions,
technical and financial cooperation in favour of developing and least-developed
country Members.  Such cooperation shall  include  assistance in the preparation of
laws and regulations on the protection and enforcement of intellectual property rights
as well as the prevention of their abuse, and shall include  support regarding the
establishment or reinforcement of domestic offices and agencies relevant to these
matters, including the training of personnel."
This provision can be considered to lay down  obligations of result , since it prescribes the
provision of technical assistance and support, if requested.  This provision also stipulates an
obligation of Members taken individually , in that it is addressed to each developed country
Member.
In the TRIPS Council, considerable attention has been given to the provision of technical
cooperation pursuant to Article 67 of the TRIPS Agreement. Developed countries have notified
contact points in their administrations for tec hnical cooperation on TRIPS (IP/N/7, revisions and
addenda).
Technical cooperation activities are notified and updated annually by developed country
Members and Intergovernmental Organizations.  Documents IP/C/W/10, 11, 12 and Addenda, 21, 22,
34, 35, 36, 77 and Addenda, 78 and Addenda, 79, 108 and Addenda, 109 and Addenda, 110, 154 andAddenda, 155 and Addenda, 156, 201, 202 and Addenda, 203 and Addenda, 241, 304, 305, and 306,
refers.
H. U
NDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES :
ARTICLE 27.2
"While the Secretariat assists Members in respect of dispute settlement at their
request, there may also be a need to provide additional legal advice and assistance inrespect of dispute settlement to developing country Members.  To this end, the
Secretariat shall  make available  a qualified legal expert from the WTO technical
cooperation services to any developing country Member which so requests.   This
expert shall  assist  the developing country Member in a manner ensuring the
continued impartiality of the Secretariat."
This provision can be classified as an  obligation of result , since it requires the Secretariat to
make available a legal expert, if requested.
The utilisation of this provision has been limited due mainly to the insufficiency of resources
of the Secretariat.  It has been stated that there is a need to review the application of Article 27.2 of
the DSU to make it more operational and effective in extending technical assistance regarding dispute
settlement matters to developing countries.  Suggestions have included supplementing the budget of
the Secretariat to enable the hiring of highly qualified consultants and legal officers, development of
an independent legal unit to ensure neutrality in assistance provision, and establishment of a trust fundWT/COMTD/W/77/Rev.1/Add.2
Page 26
of strategic alliances with lawyers' offices or private firms to expand the scope of the consultancy and
advisory services.
I. THE "DECISION ON MEASURES CONCERNING THE POSSIBLE NEGATIVE EFFECTS OF THE
REFORM PROGRAMME ON LEAST -DEVELOPED AND NET FOOD-IMPORTING DEVELOPING
COUNTRIES ":  P ARAGRAPH 3 (III):
"Ministers accordingly agree to establish  appropriate mechanisms to ensure that the
implementation of results of the Uruguay round on trade in agriculture does not
adversely affect the availability of food aid at a level which is sufficient to continue to
provide assistance in meeting the food n eeds of developing countries, especially
least-developed and net food-importing developing countries.  To this end  Ministers
agree :
 to give full consideration in the context of their aid programmes to requests for the
provision of the technical and financial assistance to least-developed and net-food
importing developing countries to improve their agricultural productivity and
infrastructure."
This provision can be classified as an obligation of conduct .  It prescribes giving "full
consideration".  It also stipulates an obligation of Members taken collectively .
The Decision of dated 14 November, 2001 on Implementation Related Issues and Concerns
(WT/MIN(01)/17) paragraph 2.2, approves the recommendations contained in the report of the
Committee on Agriculture (G/AG/11 [dated 28 September 2001]) regarding the  implementation ofthe Decision on Measures Concerning the Possible Negative Effects of the Reform Programme on
Least-Developed and Net Food-Importing Developing  Countries.  With respect to technical and
financial assistance, this recommendation states:
"(a) that developed country WTO Members should continue to give full and favourable
consideration in the context of their aid programmes to requests for the provision of
technical and financial assistance by least-developed and net food-importing
developing countries to improve their agricultural productivity and infrastructure;
(b) that, in support of the priority accorded by least-developed and net food-importing
developing countries to the development of their agricultural productivity and
infrastructure, the WTO General Council call upon relevant internationaldevelopment organisations, including the World Bank, the FAO, IFAD, the UNDP
and the Regional Development Banks to enhance their provision of, and access to,
technical and financial assistance to least-developed and net food-importing
developing countries, on terms and conditions conducive to the better use of such
facilities and resources, in order to improve agricultural productivity andinfrastructure in these countries under existing facilities and programmes, as well as
under such facilities and programmes as may be introduced."WT/COMTD/W/77/Rev.1/Add.2
Page 27
V. PROVISIONS RELATING TO LEAST-DEVELOPED COUNTRY MEMBERS
There are some provisions whose applicability are limited exclusively to the LDCs, and also
fall under the other five typologies of provisions as sub-groups that are mandatory.  These are
analysed below under the specific typology of each provision.
A. PROVISIONS AIMED AT INCREASING TRADE OPPORTUNITIES FOR L EAST -DEVELOPED
COUNTRIES .
1. The 1999 Decision on the Waiver for Preferenti al Tariff Treatment of Least-Developed
Countries
"Subject to the terms and conditions set out hereunder, the provisions of paragraphs
1 of Article I of the GATT 1994 shall  be waived  until 30 June 2009, to the extent
necessary to allow developing country Members to provide preferential tariff
treatment to products of least developed countries, designated as such by the United
Nations, without being required to extend the same tariff rates to like products of any
other Member."
The provision can be classified as an obligation of result .  Article I of the GATT 1994
cannot be invoked against developing country Members granting preferential tariff treatment to least
developed countries. This provision also stipulates an obligation of Members taken individually, in
that no Member can invoke Article I to challenge the preferential treatment at issue.
To date, five (5) notifications (of action taken) have been submitted under this decision.
Documents WT/COMTD/N/12Rev.1 dated 28 April 2000 WT/COMTD/47 and Addendum 1 dated
25 January 1999, WT/LDC/HL/M/1 Annex 1 date d  26 November 1997, WT/COMTD/W/39 and
Corr. 1 dated 8 June 1998, G/C/6 and WT/LDC/SWG/IF/18 dated 9 May 2001, refers.
2. Agreement on Trade–Related Intellectual Property Rights, Article 66.2
"Developed country Members shall provide  incentives to enterprises and institutions
in their territories for the purpose of promoting and encouraging technology transfer
to least-developed country Members in order to enable them to create a sound and
viable technological base."
The language in this provision can be classified as an obligation of result , since it requires
Members to provide incentives to enterprises and institutions in their territories.  This provision also
stipulates an obligation of Members taken individually, in that the obligation is to be complied with
by each developed country Member.
In response to an invitation by the TRIPS Council to developed country Members to supply
information on how Article 66.2 of the TRIPS Agreement is being implemented, information has been
provided in writing from 20 developed country Members (the number includes 12 Member States ofthe European Union).  Document IP/C/W/132 and addenda dated 11 March 1999 refers.  This has
been indexed in IP/C/W/169 dated 3 May 2000.  In the process to find effective ways of
implementing Article 66.2 of the TRIPS Agreement, Zambia has requested further information from
developed countries regarding how they are fulfilling the mandate under this provision.
Document IP/C/W/298 dated 2 July 2001, refers.
The Special Session of the General Council agreed on 18 October 2000 to invite the Council
for TRIPS, with a view to facil itating full implementation of Article 66.2, to give consideration toWT/COMTD/W/77/Rev.1/Add.2
Page 28
drawing up an illustrative list of incentives of the sort envisaged by Article 66.2, and to put on a
regular and systematic basis its procedure for the notification and monitoring of measures in
accordance with the provisions of Article 66.2.  During subsequent informal consultations in the
Council of TRIPS, all interested delegations were urged to submit either in writing or orally
suggestions for an illustrative list of monitoring procedure.  Such proposals have not yet beensubmitted.
At the invitation of the Special Session of the General Council, the Council for TRIPS invited
the Secretariats of the UNCTAD, WIPO, UNIDO, the World Bank, and CDB to provide to  written
information on their activities on technology capacity -building.  To date such information has been
received from the CDB, UNCTAD, UNIDO and WI PO.  Documents IP/C/W/243 and addenda 1, 2
and 3 refers.
This issue is part of the work to be done in WTO subsidiary bodies pursuant to the
paragraph 11.2 of the Doha Decision on Implementation-Related Issues and Concerns
(WT/MIN(01)/17 dated 14 November 2001), addressing specific existing special and differential
treatment provisions.  In this Decision, Ministers reaffirmed "that the provisions of Article 66.2 of theTRIPS Agreement are mandatory, it is agreed that  the TRIPS Council shall put in place a mechanism
for ensuring the monitoring and full implementation of the obligations in question".  Pursuant to this
provision, the "developed-country Members shall submit prior to the end of 2002 detailed reports on
the functioning in practice of the incentives provided to their enterprises for the transfer of technology
in pursuance of their commitments under Article 66.2.  These submissions shall be subject to a reviewin the TRIPS Council and information shall be updated by Members annually".
This issue is also addressed in the Declaration on the TRIPS Agreement and Public Health
adopted 14 November 2001 (WT/MIN(01)/DEC/2) wher e it states in paragraph 7 that Ministers
"reaffirm the commitment of developed-country Members to provide incentives to their enterprisesand institutions to promote and encourage technology transfer to least-developed country Members
pursuant to Article 66.2.   We also agree that the least-developed country Members will not be obliged,
with respect to pharmaceutical products, to implement or apply Sections 5 and 7 of Part II of the
TRIPS Agreement or to enforce rights provided for under these Sections until 1 January 2016, without
prejudice to the right of least-developed country Members to seek other extensions of the transition
periods as provided for in Article 66.1 of the TRIPS Agreement.  We instruct the Council for TRIPS
to take the necessary action to give effect to this pursuant to Article 66.1 of the TRIPS Agreement".
3. Decision on Measures in Favour of Leas t-Developed Countries, Paragraph 2, (ii)
"… Consideration  shall  be given  to further improve GSP and other schemes for
products of particular export interest to least-developed countries."
This provision can be classified as an obligation of conduct , since it prescribes that a further
improvement of GSP and other schemes be "considered".  It does not prescribe a particular
improvement of such schemes. This provision can be viewed as stipulating an obligation of
Members taken individually to the extent that it is read as referring to national GSP and other
schemes.
Announcements of new preferential market access measures in favour of least-developed
countries were made by a number of Members at the High-level Meeting on Integrated Initiatives for
Least-Developed Countries' Trade development in October 1997 and both at and since a meeting of
WTO's General Council in May 2000. Document WT/LDC/SWG/IF/14/Rev.1 and addenda 1-00 and
01 refers).WT/COMTD/W/77/Rev.1/Add.2
Page 29
Market access conditions in major markets for the exports of least developed countries is
recorded in documents WT/LDC/HL/14 and A dd 1 dated 23 October 1997, WT/COMTD/LDC/W/16
dated 16 November 1999, WTCOMTD/LD C/W/17 dated 25 January 2000, and
WT/LDC/SWG/IF/14/Rev.1 dated 20 April 2001 and addenda.
This issue is addressed in paragraph 42 of the Doha Ministerial Declaration of
14 November 2001 (WT/MIN(01)/DEC/1).  This st ates, "We acknowledge the seriousness of the
concerns expressed by the least-developed countrie s (LDCs) in the Zanzibar Declaration adopted by
their Ministers in July 200.  We recognize that th e integration of the LDCs into the multilateral
trading system requires meaningful market access, support for the diversification of their production
and export base, and trade-related technical assistance and capacity building.  We agree that the
meaningful integration of LDCs into the trading system and the global economy will involve efforts
by all WTO Members.  We commit ourselves to the objective of duty-free, quota-free market access
for products originating from LDCs.  In this regard, we welcome the significant market access
improvements by WTO Members in advance of the Third UN Conference on LDCs (LDC-III), in
Brussels, May 2001.  We further commit ourselves to consider additional measures for progressive
improvements in market access for LDCs.  We reaffirm the commitments we undertook at LDC -III,
and agree that the WTO should take into account, in designing its work programme for LDCs, the
trade-related elements of the Brussels Declaration and Programme of Action, consistent with the
WTO's mandate, adopted at LDC-III.  We instruct  the Sub-Committee for Least-Developed Countries
to design such a work programme and to report on the agreed work programme to the General
Council at its first meeting in 2002".
B. PROVISIONS AIMED AT SAFEGUARDING THE INTERESTS OF LEAST -DEVELOPED COUNTRIES
1. Agreement on Agriculture, Article 16.1 and 16.2, Least-Developed and Net
Food-Importing Developing Countries
"1. Developed country Members shall  take such action  as is provided for within
the framework of the decision on Measures Concerning the Possible Negative Effects
of Reform Programme on Least-Deve loped and Net Food-Importing Developing
Countries.
2. The Committee on Agriculture shall  monitor , as appropriate, the follow-up
to this Decision."
The first provision can be classified as an obligation of result  since such action as  is
provided for in the decision referred to must be taken.  The second provision is more difficult toclassify.  It could be seen as an obligation of result , to the extent that it can be understood in a similar
sense as those obligations which prescribe that a particular undertake an annual review, etc.  The first
provision stipulates an obligation of Members taken collectively , since the decision referred to is
addressed to Members as a collective.  The second provision stipulates an obligation of Members
taken collectively because the monitoring is to be done by the relevant Committee.
In the Decision adopted 14 November 2001 on Implementation-Related Issues and Concerns
(paragraph 2.2 of document WT/MIN(01)/17), relating to Special and Differential treatment
provisions on the implementation of Decision on Measures Concerning the Possible Negative Effects
of the Reform Programme on Least-Developed a nd Net Food-Importing Developing Countries, the
recommendations presented in document G/AG/ 11 were approved.  As decided through
document G/AG/11, the Committee on Agriculture shall review and report to the General Council on
the follow-up to recommendations these recomm endations following its regular September 2002
meeting.WT/COMTD/W/77/Rev.1/Add.2
Page 30
2. Agreement on Textiles and Clothing, Article 6.6 (a)
"In the application of the transitional safeguard, particular account shall  be taken of
the interests of exporting Members as set out below:
In the application of the transitional safeguard, particular account shall be taken of
the interests of exporting members as set out below:   least-developed countrymembers shall  be accorded  treatment significantly more favourable than that
provided to the other groups of Members referred to in this paragraph, preferably in
all its elements but, at least, on overall terms."
This provision can be classified as an obligation of result .  Members applying transitional
safeguard measures must achieve a specific result, which is to accord significantly more favourable
treatment to least-developed country Members.  This provision also stipulates an obligation of
Members taken individually since it is individual Members that apply transitional safeguard
measures.
There has been no safeguard action taken against any LDC.
3. The General Agreement on Trade in Services. , Article IV:3, Increasing Participation of
Developing Countries
"Special priority  shall  be given to the least-developed country Members in the
implementation of paragraphs 1 and 2 .  Particular account  shall  be taken of the
serious difficulty of the least-developed countries in accepting negotiated specific
commitments in view of th eir special economic situation and their development, trade
and financial needs."
This provision can be classified as an obligation of conduct . It gives priority and account to
the least-developed country Members.  This provision also stipulates an obligation of Members
taken individually .
There has been Guideline and Procedures for the Negotiations on trade in services were
adopted by the Special Session of the Council for Trade in Services on 28 March 2001, pursuant to
the objectives of the GATS, as stipulated in the Preamble and Article IV, and as required by
Article XIX. Document S/L/93 dated 29 March 2001 re fers.  Section I of "Objectives and Principles",
paragraph 2 addresses requirements specific to this provision.
4. General Agreement on Trade in Services, Negotiations on Specific Commitments,
Article XIX.3
"For each round, negotiating guidelines and procedures shall be established.  For the
purposes of establishing such guidelines, the Council for Trade in Services shall
carry out an assessment of trade in services in overall terms and on a sectoral basis
with reference to the objectives of this Agreement, including those set out inparagraph 1 of Article IV.  Negotiating guidelines shall  establish  modalities for the
treatment of liberalization undertaken autonomously by Members since previous
negotiations
Comments for this provision appeared earlier in the note in Section III.AA.WT/COMTD/W/77/Rev.1/Add.2
Page 31
5. Understanding on Rules and Procedures Governing the Settlement of Disputes,
Article 24:1, Special Procedures Involving Least-Developed Country Members
"At all stages of the determination of the causes of a dispute and of dispute settlement
procedures involving a least-developed country Member, particular consideration
shall be given to the special situation of least-developed country Members.  In this
regard, Members shall exercise  due restraint in raising matters under these
procedures involving a least-developed country Member.  If nullification or
impairment is found to result from a meas ure taken by a least-developed country
Member, complaining parties shall  exercise  due restraint in asking for compensation
or seeking authorization to suspend the application of concessions or other
obligations pursuant to these procedures."
This provision can be considered to lay down obligations of conduct .  The provision does
not preclude Members from bringing disputes against least-developed country Members.  However it
prescribes that they give  "particular consideration" to the special situation of least-developed country
Members and to  "exercise due restraint".  This provision also stipulates an obligation of Members
taken individually in view of the fact that Members have recourse to the WTO dispute settlement
individually.
No least-developed country has been involved in  disputes as complainant or respondent, or as
third party in panel proceedings.
6. Understanding on Rules and Procedures Governing the Settlement of Disputes,
Article 24:2, Special Procedures Involving Least-Developed Country Members
"In dispute settlement cases involving a least-developed country Member, where a
satisfactory solution has not been found in the course of consultations the Director-General or the Chairman of the DSB shall , upon request by a least-developed
country Member offer  their good offices , conciliation and mediation  with a view to
assisting the parties to settle the dispute, before a request for a panel is made.  The
Director-General or the Chairman of the DSB, in providing the above assistance,
may consult  any source which either deems appropriate."
This provision can be classified as an obligation of result .  The Director-General or the
Chairman of the DSB are required to "offer their good offices", if so requested.
No least-developed country has been involved in  disputes as complainant or respondent, or as
third party in panel proceedings.
In an attempt at making operational Article 5 of the DSU ( on good offices, conciliation and
mediation ), the Director-General has proposed some procedural steps to be taken by the parties to a
dispute when requesting the Director-General's assistance under Article 5 (see WT/DSB/25 dated
17 July 2001).
7. Decision on Measures in Favour of Leas t-Developed Countries, Paragraph 2(i)
"Expeditious implementation of all special and differential measures taken in favour
of least-developed countries including those taken within the context of the Uruguay
Round shall  be ensured  through, inter alia, regular reviews."
This provision can be classified as an obligation of result, in that it prescribes regular
reviews of the implementation of special and differential measures.   It is not quite clear whether thisWT/COMTD/W/77/Rev.1/Add.2
Page 32
provision stipulates an obligation of Members taken individually and/or an  obligation of Members
taken collectively .  If the reviews in question are to be undertaken at the multilateral level, the
provision could be viewed as an obligation of Members taken collectively.
The Committee on Trade and Development conducted reviews at various meetings.
(WT/COMTD/W/33 dated  31 October 1997, WT/COMTD/28 dated 21 November 2000, and
WT/COMTD/W/77/Rev.1 dated 21 September 2001 refers).  The new CTD Work Programme
for 2002 (WT/COMTD/34 dated 30 November 2001) entails a further review of the implementation
of special and differential measures taken in favour of developing countries, particularly,
least-developed countries.
8. Decision on Measures in Favour of Leas t-Developed Countries, Paragraph 2(iv)
"In the application of import relief measures and other measures referred to in
paragraph 3(c) of Article XXXVII of GATT 1947 and the corresponding provision of
GATT 1994, special consideration shall  be given to the export interests of least-
developed countries."
This provision can be classified as an obligation of conduct , inasmuch as import relief
measures may be applied, provided that "special consideration" is given to the export interests of
least-developed countries.  This provision also stipulates an obligation of Members taken
individually , since individual Members apply the import relief measures in question.
Import relief measures have never been applied to least-developed countries.
C. PROVISIONS UNDER THE TYPOLOGY OF TECHNICAL ASSISTANCE
1. The "Decision on Measures Concerning the Possible Negative Effects of the Reform
Programme on Least-Developed and Net Food-Importing Developing Countries":
Paragraph 3 (iii)
The remarks on page 25 apply to least-developed countries as well as other Net
Food-Importing Developing Countries.
2. Agreement on Technical Barriers to Trade, Article 11.8
" In providing advice and technical assistance to other Members in terms of
Article 11:1 to 11:7, Members shall give priority  to the needs of the least-developed
country Members."
This provision is somewhat difficult to classify.  It can be classified as an obligation of
conduct , if it may be assimilated to those provisions which require that "special consideration" be
given to the needs of certain countries, etc.  On the other hand, if the expression "shall give priority"is understood more as an obligation to give "more favourable treatment" to certain least-developed
country Members, the provision could be classified as an obligation of result .  This provision also
stipulates an obligation of Members taken individually , since the technical assistance at issue is
granted by individual Members.
Various programmes of technical assistance to Least-Developed countries have been
undertaken on an ad hoc basis.  Please refer to sections III.H to III.O on TBT of this note for more
information on technical assistance relating to this provision.WT/COMTD/W/77/Rev.1/Add.2
Page 33
3. Decision on Measures in Favour of Leas t-Developed Countries, Paragraph 2(v)
"Least-developed countries shall  be accorded  substantially increased technical
assistance in the development, strengthening and diversification of their production
and export bases including those of services, as well as in trade promotion, to enable
them to maximize the benefits fr om liberalized access to markets."
This provision may be classified as an obligation of result  since prescribes a specific result,
i.e., a substantial increase in technical assistance.  It is difficult to determine with certainty whether
this provision stipulates an obligation of Members taken individually and/or of  Members taken
collectively .  This is because it is not quite clear whether this obligation is addressed to Members as a
collective or to individual  Members or to both.
Technical assistance provided by bilateral, regional, and multilateral organizations is not
reported by the Secretariat.  The Annual Plan of Technical Assistance and the New Strategy for WTO
Technical Cooperation for Capacity Building, Gr owth and Integration (WT/COMTD/W/90 and Add.1
dated 21 September 2001), define the priorities to be given to technical assistance in the WTO.
A High Level Meeting in 1997 endorsed the "Integrated Framework for Trade-related
Technical Assistance, including for Human and Institutional Capacity-Building, to Support
Least-Developed Countries in Their Trade and Trade-related Activities"  (WT/LDC/HL/1/Rev.1).
The Framework seeks to increase the benefits that least-developed countries derive from the trade-related technical assistance available to them from  the six organizations involved in designing this
Framework: IMF, ITC, UNCTAD, UNDP, World Bank and WTO, as well as from other multilateral,
regional and bilateral sources.
In 2000, in a major review of the Integrated Framework, it was agreed: (i) to make every
effort to support the integration of trade, trade- related technical assistance, and capacity-building into
the national development strategies and plans of LDCs.  This would be ensured principally through
such instrument as Poverty Reduction Strategy Papers and would influence other developmentframeworks such as the United Nations Development Assistance Framework (UNDAF). In doing so,
these efforts will ensure dynamic interaction and dialogue among LDCs, donors and agencies, fully
respecting country ownership.  (ii) That this mainstreaming effort will be led and coordinated by the
World Bank, according to the principles of the Comprehensive Development Framework, with
participation and inputs from the other core agencies and other stakeholders. Building on initial NeedsAssessments and subsequent work, this will involve formulating country-specific integration
strategies as part of the mainstreaming process.   These activities will feed into the World Bank
Consultative Groups and UNDP Round Table Meetings where countries will present their medium-
term policy frameworks and financing needs, including for trade-related assistance, for support by the
donor community. (WT/LDC/SWG/IF/2 dated 12 July 2000)
Following the decisions by the Heads of Agency, consultations amongst Members, and
between Members and the core agencies, a Pilot Scheme was adopted by the Sub-Committee on
Least-Developed Countries on 12 Februa ry 2001.  (see WT/LDC/SWG/IF/13, 16 dated
16 February 2001).  The IF Pilot Scheme is managed by an IF Steering Committee, which held its
first meeting on 15 March 2001.  (see WT/LDC/SWG/IF/17 dated 5 April  2001).  In May 2001, theIF Pilot scheme was adopted.  Further meetings of the Steering Committee in November 2001 began
the process of implementation of the programme (document WT/IFSC/W/6/Rev.1 dated
7 November 2001 refers).WT/COMTD/W/77/Rev.1/Add.2
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ANNEX
Summary of Mandatory Special and Differential treatment Provisions4
Obligations of Conduct
PROVISIONS AIMED AT INCREASING THE TRADE OPPORTUNITIES OF DEVELOPING
COUNTRY MEMBERS
1. General Agreement on Trade in Services (GATS): Article IV:1 (Individual)
PROVISIONS UNDER WHICH WTO MEMBERS SHOULD SAFEGUARD THE INTERESTS OF
DEVELOPING COUNTRY MEMBERS
1. Agreement on the Application of Sanitary and Phytosanitary Measures,  Article 10.1
(Individual)
2. Agreement on Textiles and Clothing, Article 6.6 (b) (Individual)
3. Agreement on Textiles and Clothing, Article 6.6 (c) (Individual)4. Agreement on Technical Barriers to Trade, Article 12.2 (Individual)
5. Agreement on Technical Barriers to Trade, Article 12.3 (Individual)
6. Agreement on Technical Barriers to Trade, Article 12.5 (Individual)
7. Agreement on Technical Barriers to Trade, Article 12.8 (Collective)
8. Agreement on Technical Barriers to Trade, Article 12.9 (Individual)9. Implementation of Article VI of the GATT 1994, Article 15  (Individual)
10. Decision on Texts Relating to Minimum Values and Imports by Sole Agents, Sole
Distributors, and Sole Concessionaires:  Text 1 (Collective)
11. Understanding on Rules and Procedures Governing the Settlement of Disputes,     Article 21.7
(Collective)
12. Understanding on Rules and Procedures Governing the Settlement of Disputes,     Article 21.8
(Collective)
13. General Agreement on Trade in Services, Subsidies, Article XV.1 (Collective)
TECHNICAL ASSISTANCE
1. Agreement on the Application of Sanitary and Phytosanitary Measures, Article 9.1
(Collective)
2. Agreement on the Application of Sanitary and Phytosanitary Measures, Article 9.2
(Individual)
3. Agreement on Technical Barriers to Trade: Articles 11.1-11.7 and 12.7](Individual)
4. The Decision on Measures Concerning the Possible Negative Effects of the Reform
Programme on Least-Developed and Net Food-Importing Developing Countries:
Paragraph 3(iii).  (Collective)
PROVISIONS RELATING TO LEAST-DEVELOPED COUNTRY MEMBERS
1. Decision on Measures in Favour of Least-Deve loped Countries, Paragraph 2, (ii)  (Individual)
2. Decision on Measures in Favour of Least-Developed Countries, Paragraph 2(iv) (Individual)
3. [Agreement on Technical Barriers to Trade, Article 11.8]  (Individual)
4. The General Agreement on Trade in Services, Article IV:3, Increasing Participation of
Developing Countries (Individual)
5. Understanding on Rules and Procedures Governing the Settlement of Disputes, Article 24:1
(Individual)
                                                     
4 Note that square brackets indicate that the provision may fall within two classifications.WT/COMTD/W/77/Rev.1/Add.2
Page 35
Obligations of Result
PROVISIONS AIMED AT INCREASING THE TRADE OPPORTUNITIES OF DEVELOPING
COUNTRY MEMBERS1. Agreement on Textiles and Clothing,  Article 2.18 (Individual)
2. General Agreement on Trade in Services (GATS): Article IV:2  (Individual)
PROVISIONS UNDER WHICH WTO MEMBERS SHOULD SAFEGUARD THE INTERESTS OF
DEVELOPING COUNTRY MEMBERS
1. The "Decision on Measures Concerning the Possible Negative Effects of the Reform
Programme on Least-Developed  and Ne t Food-Importing Developing Countries":
Paragraph 3 (i) and 3(ii), 4 and 6.  (Collective)
2. Agreement on the Application of Sanitary and Phytosanitary Measures, Annex B, Paragraph 2
(Individual)
3. Agreement on the Application of Sanitary and Phytosanitary Measures, Annex B, Paragraph 9
(Secretariat)
4. Agreement on Textiles and Clot hing, Article 6.6(b)  (Individual)
5. Agreement on Textiles and Clothing, Annex, Paragraph 3(a) (Individual)
6. Agreement on Technical Barriers to Trade, Article 10.6  (Secretariat)
7. Agreement on Technical Barriers to Trade, Article 12.1  (Individual)8. Agreement on Technical Barriers to Trade, Article 12.10  (Collective)
9. Implementation of Article VII of the GATT 1994, Annex III.5 (Collective)
10. Agreement on Subsidies and Countervailing Measures, Article 27.15 (Collective)
11. Agreement on Safeguards, Article 9.1  (Individual)
12. Understanding on Rules and Procedures Governing the Settlement of Disputes, Article 8.10
(Individual)
13. Understanding on Rules and Procedures Governing the Settlement of Disputes, Article 12.10
(Chairman)
14. Understanding on Rules and Procedures Governing the Settlement of Disputes, Article 12.11
(Panel)
15. General Agreement on Trade in Services, Article XV.1   (Collective)
16. General Agreement on Trade in Services, Negotiations on Specific Commitments,
Article XIX.3.  This provision falls under those which WTO Members Should Safeguard the
Interests of Developing country Members, a nd those relating to Least-Developed Country
Members. (Collective and/or Individual)
TECHNICAL ASSISTANCE
1. Agreement on Technical Barriers to Trade, Articles 11.1-11.7, and 12.7 (Individual)
2. Implementation of Article VII of GATT 1994, Article 20.3  (Individual)
3. GATS, Article XXV.2  (Collective)
4. GATS, Annex on Telecommunications , Paragraph 6(c)  (Individual)
5. Agreement on Trade-Related Aspects of Intellectual Property Rights, Article 67  (Individual)
6. Understanding of Rules and Procedures Governing the Settlement of Disputes, Article 27.2
(Secretariat)WT/COMTD/W/77/Rev.1/Add.2
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PROVISIONS RELATING TO LEAST-DEVELOPED COUNTRY MEMBERS
1. The 1999 Decision on Waiver for Preferential Tariff Treatment of Least Developed Countries
(Individual)
2. Agreement on Trade-Related Intellectual Property Rights, Article 66.2 (Individual)3. Agreement on Agriculture, Articles 16.1 and 16.2, Least-Developed and Net Food-Importing
Developing Countries  (Collective)
4. Agreement on Textiles and Clot hing, Article 6.6(a)  (Individual)
5. Understanding on Rules and Procedures Governing the Settlement of Disputes, Article 24.2
(Director General or Chairman)
6. Agreement on Technical Barriers to Trade, Article 11.8  (Individual)
7. Decision on Measures in Favour of Least-De veloped Countries, Paragraph 2(i) (Individual
and/or collective)
8. Decision on Measures in Favour of Least-De veloped Countries, paragraph 2(v)  (Individual
and/or collective)
9. General Agreement on Trade in Services, Negotiations on Specific Commitments,
Article XIX.3.  This provision falls under those which WTO Members should safeguard theinterests of Developing country Members, a nd those relating to Least-Developed Country
Members. (Collective and/or Individual)
__________