WORLD TRADE
ORGANIZATIONWT/GC/W/456
6 November 2001
(01-5441)
General Council Original:  English
PREPARATIONS FOR THE FOURTH SESSION OF THE MINISTERIAL CONFERENCE
Comments on the Draft Ministerial Decision on Implementation-Related Issues
and Concerns (Job (01)/139/Rev.1)
Communication from Cuba
The following communication, dated 1 November 2001, has been received from the
Permanent Mission of Cuba.
_______________
Agreement on Agriculture
Proposed alternative formulation for Tiret 5
“Developing Countries measures to address food security and rural development taken under Green
Box shall not be challenged by Members”
Agreement on the Application of Sanitary and Phytosanitary Measures     
Proposed alternative formulation  for Tirets 9 and 10
 “The phrase "longer time-frame for compliance" referred to in Article 10.2 of the Agreement on the
Application of Sanitary and Phytosanitary Measures, shall be understood to mean normally a period
of not less than 12 month beyond the date the measure come into effect for others.  When a phase in
does not exist but a developing country identifies specific problems with the measures, the country
applying the measures shall enter into consultatio ns with the developing country with a view to
finding a mutually satisfactory solution"
Proposed alternative formulation  for Tiret 11
“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 meannormally a period of not less than 6 months.”
Proposed alternative formulation for Tiret 15
“Pursuant to the provisions of Article 12.7 of the Agreement on the Application of Sanitary and
Phytosanitary Measures, the Committee on Sanitary and Phytosanitary Measures is instructed to
review the operation and implementation of the Agreement on Sanitary and Phytosanitary Measures atleast once every three  years."WT/GC/W/456
Page 2
Agreement on Technical Barriers to Trade
Proposed alternative formulation  for Tiret 35
"The phrase "reasonable interval" in paragraph 12 of Article 2 of the Agreement on Technical Barriers
to Trade shall be understood to mean normally a period of not less than 12 months, except when this
would be ineffective in fulfilling the legitimate objectives pursued."
Tiret that we wish to be brought forward for urgent action and decision:
Tiret 33 –  “Article 11 shall be made obligatory so that technical assistance and cooperation is
provided to developing countries”.
Agreement on Subsidies and Countervailing Measures
Add the following text on Tiret 67
 “Annex VII of the Agreement shall be modified to read as follows:
The developing-country Members not subject to the provisions of paragraph 1(a) of Article 3 under
the terms of paragraph 2(a) of Article 27 are:
(i) The developing countries, including the least-developed countries, Members of the
WTO that are included in the Low and Middle Income Category of the World Bank;
(ii) Countries indicated in paragraph (i) abov e will be excluded from this Annex if their
GNP per capita has exceeded the top level of the Middle Income Category of the
World Bank. They will be automatically included in this Annex, if their GNP per
capita falls at or under the top level of the Lower-Middle Income Category of the
World Bank.”
Proposed alternative formulation for Article 27.4
 “Having regard to the particular situation of  certain developing-country Members, directs the
Committee on Subsidies and Countervailing Measures to extend the transition period for 15 years,
under the rubric of Article 27.4 of the Agreement on Subsidies and Countervailing Measures, for
certain export subsidies provided by such Members,  pursuant to the procedures set forth in document
G/SCM/W/471."
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Tirets which we wish to be brought forward for urgent action and decision:
Tiret 87- “In the light of provisions contained in Articles 23 and 24 of the TRIPS Areement,
additional protection for geographical indications shall be extended for products other than wines and
spirits.”
Tiret 88-  “a clear understanding in the interim that patents inconsistent with Article 15 of the CBD
shall not be granted.”
Tiret 91-  “The period given for implementation of the provisions of Article 27.3(b) shall be five years
from the date the review is completed.”WT/GC/W/456
Page 3
Tiret 93- “The transitional period for developing countries provided for in Article 65.2 shall be
extended.”
Tiret 94-  “Articles 7 and 8 of the TRIPS Agreement to be operationalized by providing for transfer of
technology on fair and mutually advantageous terms.”
Tiret 95-  “Article 27.3(b) to be amended in light of the provisions of the Convention on Biological
Diversity and the International Undertaking.  Also, clarify artificial distinctions between biological
and microbiological organisms and process; ensure the continuation of the traditional farming
practices including the right to save, exchange and save seeds, and sell their harvest; and prevent anti-
competitive practices which will threaten food sovereignty of people in developing countries, as
permitted by Article 31 of the TRIPS Agreement. ”
__________