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TWN Info Service on WTO and Trade Issues (Feb11/06) WTO Rules Group begins review of RTA Transparency
Mechanism Geneva, 7 Feb (Kanaga Raja) -- The WTO Negotiating Group on Rules last week started its review of the Transparency Mechanism for Regional Trade Agreements (RTAs), which was established by the General Council on a provisional basis on 14 December 2006. A meeting of the Rules Group on 4 February considered
two proposals on this issue, one by the The mechanism (WT/L/671) provides for the early announcement to the WTO by Members who are either participating in new negotiations aimed at the conclusion of an RTA or are parties to a newly-signed RTA. It also provides for notification of RTAs to the WTO, as well as procedures to enhance transparency and other provisions such as subsequent notification and reporting, the bodies entrusted with the implementation of the mechanism and technical support for developing countries. The General Council decision, which applies on a provisional basis to all RTAs, also states that Members will review, and if necessary, modify this decision, in light of the experience gained from its provisional operation, and replace it by a permanent mechanism adopted as part of the overall results of the Doha Round. At its last meeting in December 2010, the Rules Group agreed to launch the review of the provisional transparency mechanism for RTAs, with a view to making it permanent. The Chair, Ambassador Dennis Francis of Trinidad and Tobago, had reported that in his informal consultations, delegations said that since its provisional establishment four years ago, the mechanism has performed reasonably well although there are some areas that would require some fine-tuning. At the meeting on 4 February, the Group discussed
a proposal from the In its proposal, the Most notably, it added, while there is no doubt that the TM applies to all RTAs - whether negotiated under GATT 1994, the GATS, or the Enabling Clause - practical questions of the venue of consideration have arisen when parties to an agreement differ among themselves in their view of the relevant WTO provision for concluding a particular preferential agreement. The In two recent cases, said the Disagreements of this nature even prevented adoption
of the final annual reports for 2010 of the CTD (Committee on Trade
and Development) and the CRTA While the Negotiating Group on Rules is unlikely
in the near term to be able to bridge the underlying differences among
Members as to the scope of the Enabling Clause, it is incumbent upon
the Group in its review of the TM to work to avoid future breakdowns
in the WTO's working procedures, the In order to avoid un-resolvable conflicts among
the Membership concerning the choice of forum, the [According to the General Council decision establishing the transparency mechanism, the CRTA and the CTD are instructed to implement the mechanism. The CRTA shall do so for RTAs falling under Article XXIV of GATT 1994 and Article V of GATS, while the CTD shall do so for RTAs falling under paragraph 2 ( c) of the Enabling Clause.] According to trade officials, the [Currently, RTAs among developing countries are considered in the CTD.] According to trade officials, According to trade officials, The Chair said that only the Members, and not the Chair, can decide on the Group's approach. Generally supporting On the other hand, the European Union, A separate proposal was tabled by According to trade officials, many delegations
expressed support for The Rules Group also took up systemic issues related
to RTAs, where it considered a proposal from According to the Bolivian proposal, a clarification and improvement in WTO rules on the formation and operation of RTAs should support the development strategy of developing countries through regional integration by providing a supportive multilateral framework. Multilateral rules should support the enhancement and applicability of strengthened Special and Differential Treatment (S&DT) and the less than full reciprocity principles for the rules governing RTAs between developed and developing countries, it added. "These flexibilities should be transferred into effective commitments, especially if we consider multilateral rules as the overarching umbrella for RTAs. They should also promote coherence between different provisions and Agreements such as GATT Article XXVI and GATS Article V by generating similar outcomes." Presently, there is no de jure special and differential
treatment for developing countries in meeting the requirements set out
in existing GATT Article XXIV disciplines, said Bolivia proposed that the following provision, drawing on GATS Article V: 3 (a), be inserted in an appropriate place in GATT Article XXIV: "Where developing countries are parties to an agreement with developed countries for the formation of a customs union, a free trade area, or an interim arrangement leading to either a customs union or a free trade agreement, special and differential treatment, in particular less than full reciprocity, shall be provided to developing countries regarding the conditions set out above in paragraphs 5 to 9 inclusive, specially with respect to subparagraph 5( c) and subparagraph 8(a)(i) and (b)." According to trade officials, The Swiss position was generally shared by the
European Union, On the other hand, The next meeting of the Rules Group is scheduled for 7 March. +
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