JOB(01)/140/Rev.2 13 November 2001
Draft Ministerial Declaration
Revision
1. The multilateral trading system embodied I the World trade Organization has contributed significantly to economic
growth, development and employment throughout the past fifty years. We are determined, particularly in the light of the
global economic slowdown, to maintain the process of reform and liberalization of trade policies, thus ensuring that the
system plays its full part in promoting recovery, growth and development. We therefore strongly reaffirm the principles
and objectives set out in the Marrakesh Agreement Establishing the World Trade Organization, and pledge to reject the
use of protectionism.
2. International trade can play a major role in the promotion of economic development and the alleviation of poverty. We
recognize the need for all our peoples to benefit from the increased opportunities and welfare gains that the
multilateral trading system generates. The majority of WTO Members are developing countries. We seek to place their
needs and interests at the heart of the Work Programme adopted in this Declaration. Recalling the Preamble to the
Marrakesh Agreement, we shall continue to make positive efforts designed to ensure that developing countries, especially
the least-developed among them, secure a share in the growth of world trade commensurate with the needs of their
economic development. In this context, enhanced market access, balanced rules, and well targeted, sustainably financed
technical assistance and capacity- building programmes have important roles to play.
3. We recognize the particular vulnerability of the least-developed countries and the special structural difficulties
they face in the global economy. We are committed to addressing the marginalization of least-developed countries in
international trade and to improving their effective participation in the multilateral trading system. We recall the
commitments made by Ministers at our meetings in Marrakesh, Singapore and Geneva, and by the international community at
the Third UN Conference on Least-Developed Countries in Brussels, to help least-developed countries secure beneficial
and meaningful integration into the multilateral trading system and the global economy. We are determined that the WTO
will play its part in building effectively on these commitments under the Work Programme we are establishing.
4. We stress our commitment to the WTO as the unique forum for global trade rule-making and liberalization, while also
recognizing that regional trade agreements can play an important role in promoting the liberalization and expansion of
trade and in fostering development.
5. We are aware that the challenges Members face in a rapidly changing international environment cannot be addressed
through measures taken in the trade field alone. We shall continue to work with the Bretton Woods institutions for
greater coherence in global economic policy-making.
6. We strongly reaffirm our commitment to the objective of sustainable development, as state din the Preamble to the
Marrakesh Agreement. We are convinced that the aims of upholding and safeguarding an open and non-discriminatory
multilateral trading system, and acting for the protection of the environment and the promotion of sustainable
development can and must be mutually supportive. [We take note of the efforts by Members to conduct national
environmental assessments of trade policies on a voluntary basis][We recognize that under WTO rules no country should be
prevented from taking measures for the protection of human, animal or plant life or health, or of the environment at the
levels it considers appropriate, subject to the requirement that they are not applied in a manner which would constitute
a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised
restriction on international trade, and are otherwise in accordance with the provisions of the WTO Agreements. We
welcome the WTO’s continued cooperation with the United Nations Environment Programme and other intergovernmental
environmental organizations. We encourage efforts to promote cooperation between the WTO and relevant international
environmental and developmental organizations, especially in the lead up to the World Summit on Sustainable Development
to be held in Johannesburg, South Africa, in September 2002.]
7. We reaffirm the right of Members under the general Agreement on Trade in Services to regulate, and to introduce new
regulations on, the supply of services.
8. We reaffirm our declaration made at the Singapore Ministerial Conference regarding internationally recognized core
labour standards. We take note of work under way in the International Labour Organization (ILO) on the social dimension
of globalization.
9. We note with particular satisfaction that this Conference has completed the WTO accession procedures for China and
Chinese Taipei. We also welcome the accession as new Members, since our last Session, of Albania, Croatia, Georgia,
Jordan, Lithuania, Moldova and Oman. These accessions will greatly strengthen the multilateral trading system, as will
those of the 28 countries now negotiating their accession. We therefore attach great importance to concluding accession
proceedings as quickly as possible. In particular, we are committed to accelerating the accession of least-developed
countries.
10. Recognizing the challenges posed by an expanding WTO membership, we onfirm our collective responsibility to ensure
internal transparency and the effective participation of all Members. While emphasizing the intergovernmental character
of the organization, we are committed to making the WTO’s operations more transparent, including through more effective
and prompt dissemination of information, and to improve dialogue with the public. We shall therefore at the national and
multilateral levels continue to promote a better public understanding of the WTO and to communicate the benefits of a
liberal, rules-based multilateral trading system.
11. In view of these considerations, we hereby agree to undertake the broad and balanced Work Programme set to below.
These incorporates both an expanded negotiating agenda and other important decisions and activities necessary to address
the challenges facing the multilateral trading system.
WORK PROGRAMME
IMPLEMENTATION-RELATED ISSUES AND CONCERNS
12. We attaché the utmost importance to the implementation-related issues and concerns raised by Member sand are
determined to find appropriate solutions to them. In this connection, and having regard to the General Council Decisions
of 3 May and 15 December 2000, we further adopt the Decision on Implementation-Related Issues and Concerns in document
Job (01)/139/Rev.2 to address a number of implementation problems faced by Members. We agree that negotiations on
outstanding implementation issues shall be an integral part of the Work Programme we are establishing, and that
agreements reached at an early stage in these negotiations shall be treated in accordance with the provisions of
paragraph 47 below. In these regard, we shall proceed as follows: (a) where we provide a specific negotiating mandate in
this Declaration, the relevant implementation issues shall be addressed under that mandate; (b) the other outstanding
implementation issues shall be addressed as a matter of priority by the relevant WTO bodies, which shall report to the
Trade Negotiations Committee, established under paragraph 46 below, by the end of 2002 for appropriate action.
AGRICULTURE
13 We recognize the work already undertaken in the negotiations initiated in the early 2000 under Article 20 of the
Agreement on Agriculture, including the large number of negotiating proposals submitted on behalf of a total of 121
Members. We recall the long-term objective referred to in the Agreement to establish a fair and market-oriented trading
system through a programme of fundamental reform encompassing strengthened rules and specific commitments on support and
protection in order to correct and prevent restrictions and distortions in world agricultural markets. We reconfirm our
commitment to this programme. Building on the work carried out to date, we commit ourselves to comprehensive
negotiations aimed at: substantial improvements in market access; reductions of [, with a view to phasing out,] all
forms of export subsidies; and substantial reductions in trade-distorting domestic support. We agree that special and
differential treatment for developing countries shall be an integral part of all elements of the negotiations and shall
be embodied in the Schedules of concessions and commitments and as appropriate in the rules and disciplines to be
negotiated, so as to be operationally effective and to enable developing countries to effectively take account of their
development needs, including food security and rural development. We take note of the non-trade concerns reflected in
the negotiating proposals submitted by Members and confirm that non-trade concerns will be taken into accounting the
negotiations as provided for in the Agreement on Agriculture.
14 Modalities for the further commitments; including provisions for special and differential treatment, shall be
established no later than 31 March 2003. Participants shall submit their comprehensive draft Schedules based on these
modalities no later than the date of the Fifth Session of the Ministerial Conference. The negotiations, including with
respect to rules and disciplines and related legal texts, shall be concluded as part and at the date of conclusion of
the negotiating agenda as a whole.
SERVICES
15. The negotiations on trade in services shall be conducted with a view to promoting the economic growth of all trading
partners and the development of developing countries. We recognize the work already undertaken in the negotiations,
initiated in January 2000 under article XIX of the General Agreement on Trade in Services, and the large number of
proposals submitted by the Members on a wide range of sectors an several horizontal issues, as well as on the movement
of natural persons. We reaffirm the Guidelines and Procedures for the Negotiations adopted by the Council for Trade in
Services on 28 March 2001 as the basis for continuing the negotiations, with a view to achieving the objectives of the
General Agreement on Trade in Services, as stipulated in the Preamble, Article IV and Article XIX of that Agreement.
Participants shall submit initial requests for specific commitments by 30 June 2002 and initial offers by 31 March 2003.
MARKET ACCESS FOR NON-AGRIUCLTURAL PRODUCTS
16. We agree to negotiations which shall aim, by modalities to be agreed, to reduce or as appropriate eliminate tariffs,
including the reduction or elimination of tariff peaks, high tariffs, and tariff escalation, as well as non-tariff
barriers, in particular on products of export interest to developing countries. Product coverage shall be comprehensive
and without a priori exclusions. The negotiations shall take fully into account the special needs and interests of
developing and least-developed country participants, including through less than full reciprocity in reduction
commitments, in accordance with the relevant provisions of Article XXVIII bis of GATT 1994 and the provisions cited in
paragraph 50 below. To this end, the modalities to be agreed will include appropriate studies and capacity-building
measures to assist least-developed countries to participate effectively in the negotiations.
TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS
17. We stress the importance we attach to implementation and interpretation of the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS Agreement) in a manner supportive of public health, by promoting both access to
existing medicines and research and development into new medicines and, in this connection, are adopting a separate
Declaration.
18. With a view to completing the work started in the Council for Trade-Related Aspects of Intellectual Property Rights
(Council for TRIPS) on the implementation of Article 23.4, we agree to negotiate the establishment of a multilateral
system of notification and registration of geographical indications for wines and spirits by the Fifth Session of the
Ministerial conference. We note that issues related to the extension of the protection of geographical indications
provided for in Article 23 to products other than wines and spirits will be addressed in the Council for TRIPS pursuant
to paragraph 12 of this Declaration.
19. We instruct the Council for TRIPS, in pursuing its work programme including under review of Article 27.3(b), the
review of the implementation of the TRIPS Agreement under Article 71.1 and the work foreseen pursuant to paragraph 12 of
this Declaration, to examine, inter alia, the relationship between the TRIPS Agreement and the Convention on Biological
Diversity, the protection of traditional knowledge and folklore, and other relevant new developments raised by Members
pursuant to Article 71.1. In undertaking this work, the TRIPS Council shall be guided by the objectives and principles
set out in Articles 7 and 8 of the TRIPS Agreement and shall take fully into account the development dimension.
RELATIONSHIP BETWEEN TRADE AND INVESTMENT
20. [Recognizing the case for a multilateral framework to secure transparent, stable and predictable conditions for
long-term cross-border investment, particularly foreign direct investment, that will contribute to the expansion of
trade,] we agree tat at the Fifth Session of the Ministerial Conference a decision will be taken on whether to launch
negotiations in this area.
21. In the period until the Fifth Session, further work in the Working Group on the Relationship Between Trade and
Investment will focus on the clarification of: scope and definition; transparency; non-discrimination; modalities for
pre-establishment commitments based on a GATS-type, positive list approach; development provisions; exceptions and
balance of payments safeguards; consultation and the settlement of disputes between Members. Any framework should
reflect in a balanced manner the interests of home and host countries, and take due account of the development policies
and objectives of host governments as well as their right to regulate in the public interest. The special development,
trade and financial needs of developing and least-developed countries should be taken into account as an integral part
of any framework, which should enable Members to undertake obligations and commitments commensurate with their
individual needs and circumstances. Due regard should be paid to other relevant WTO provisions. Account should be taken,
as appropriate, of existing bilateral and regional arrangements on investment.
22. We recognize the needs of developing and least-developed countries for enhanced support for technical assistance and
capacity building in this area, including policy analysis and development so that they may better evaluate the
implications of closer multilateral cooperation for their development policies and objectives, and human and
institutional development. To this end, we shall work in cooperation with other relevant intergovernmental
organizations, including UNCTAD, and through appropriate regional and bilateral channels, to provide strengthened and
adequately resourced assistance to respond to these needs.
JOB (01) /140/Rev.2
INTERACTION BETWEEN TRADE AND COMPETITION POLICY
23. [Recognizing the case for a multilateral framework to enhance the contribution of competition policy to
international trade and development,] we agree that at the Fifth Session of the Ministerial Conference a decision will
taken on whether to launch negotiations in this area.
24. In the period until the Fifth Session, further work in the Working Group on the Interaction between Trade
Competition Policy will focus on the clarification of: core principles, transparency, non-discrimination and procedural
fairness, and provisions on hardcore cartels; modalities for voluntary cooperation; and support for progressive
reinforcement of competition institutions in developing countries through capacity building. Full accounts shall be
taken of the needs of developing and least-developed country participants and appropriate flexibility provided to
address them.
25. We recognize the needs of developing and least-developed countries for enhanced support for technical assistance and
capacity building in this area, including policy analysis and development policies and objectives, and human and
institutional development. To this end, we shall work in cooperation with other relevant intergovernmental
organizations, including UNCTAD, and through appropriate regional and bilateral channels, to provide strengthened and
adequately resources assistance to respond to these needs.
TRANSPARENCY IN GOVERNMENT PROCUREMENT
26. We agree to negotiations on a multilateral agreement on transparency in government procurement, building on the
progress that has been made in the Working Group on Transparency in Government Procurement and taking into account the
situation of development priorities, especially those of least-developed country participants. The negotiations shall be
limited to the transparency aspects and therefore will not restrict the scope for countries to give preferences to
domestic supplies and suppliers. Matters related to the nature of commitments and their implementation shall be
addressed in negotiations, taking into account the situation of developing and least-developed country participants. In
the case of developing and least developed countries, it is recognized that the technical assistance provided. We commit
ourselves to ensuring adequate technical assistance and support for capacity building both during the negotiations and
after their conclusion.
TRADE FACILITATION
27. With the aim of further expediting the movement, release and clearance of goods including goods in transit, we agree
to negotiations which shall build upon Articles V, VIII and X of the GATT 1994 by clarifying and improving elements of
those Articles, taking into account, as appropriate, existing WTO provisions on matters related to customs and other
procedures and formalities for goods trade. Matters related to the nature of any additional commitments and their
implementation shall be addressed in negotiations, taking into account the situation of developing and least-developed
countries, it is recognized that the implementation of the outcome shall be related to their capacities, to implement
and the technical assistance provided. We commit ourselves to ensuring adequate technical assistance and support for
capacity building both during the negotiations and after their conclusion.
WTO RULES
28. In the light of experience and the increasing application of these instruments by Members, we agree to negotiations
aimed at clarifying and improving disciplines under the Agreements on
Implementation of Article VI of the GATT 1994 and on Subsidies and Countervailing Measures, while preserving the basic
concepts, principles and effectiveness of these Agreements, their objectives [and instruments][and procedures], and
taking into account the needs of developing and least-developed participants. In the initial phase of the negotiations,
participants will indicate the provisions that they seek to clarify and improve, including disciplines on trade
distorting practices, in the subsequent phase. In the context of these negotiations, participants shall also aim to
clarify and improve WTO disciplines on fisheries subsidies, taking into account the importance of this sector to
developing countries.
29. We also agree to negotiations aimed at clarifying and improving disciplines and procedures under the existing WTO
provisions applying to regional trade agreements. The negotiations shall take into account the development aspects of
regional trade agreements.
DISPUTE SETTLEMENT UNDERSTANDING
30. We agree to negotiations on improvements and clarifications of the Dispute Settlement Understanding. The
negotiations should be based on the work done thus far as well as any additional proposals by Members, and aim to agree
on improvements and clarifications not later than May 2003, at which time we will take steps to ensure that the results
enter into force as soon as possible thereafter.
TRADE AND ENVIRONMENT
31. [With a view to enhancing the mutual supportiveness of trade and environment, we agree to negotiations on:
(i) the reduction or, as appropriate, elimination of tariff and non-tariff barriers to environmental goods and services,
especially in relation to developing countries, in particular the least-developed among them;
(ii) procedures for regular information exchange between multilateral environmental agreements (MEAs) Secretariats and
the relevant WTO Committees, and the criteria for the granting of observer status.]
[We note that fisheries subsidies form part of the negotiations provide for in paragraph 28.]
32. We instruct the Committee on Trade and Environment, in pursuing work on all items on its agenda within its current
terms of reference, to give particular attention to:
(i) the effect of environmental measures on market access, [especially in relation to developing countries, in
particular the least-developed among them,] and those situations in which the elimination or reduction of trade
restrictions and distortions would benefit trade, the environment and development;
(ii) the relationship between the multilateral trading system and multilateral environment agreement (MEAs);
(iii) the relevant provisions of the Agreement on Trade-Relates Aspects of Intellectual Property Rights; and
(iv) labeling [requirements for environmental purposes].
Work on these issues should include the identification of any need to clarify relevant WTO rules. The Committee shall
report on [all items on its agenda] to the Fifth Session of the Ministerial Conference and make recommendations, where
appropriate, with respect to [any] future action, including the desirability of negotiations. [The outcome of this work
as well as the negotiations carried out under paragraph 31 shall be compatible with the open and non-discriminatory of
the multilateral trading system, shall not add to or diminish the rights and obligations of Members under existing WTO
agreements, nor alter the balance of these rights and obligations, and will take into account the needs of developing
and least-developed countries.]
33. [We recognize the importance of technical assistance and capacity building in the ield of trade and environment to
developing countries, in particular the least-developed among them. We also encourage that expertise and experience be
shared with Members wishing to perform environmental reviews at the national level. A report shall be prepared on the
these activities for the Fifth Session.]
ELECTRONIC COMMERCE
34. We take note of the work which has been done in the General Council and other relevant bodies since the Ministerial
Declaration of 20 May 1998 and agree to continue the Work Programme on Electronic Commerce. The work to date
demonstrates that electronic commerce creates new challenges and opportunities for trade for Members at all stages of
development, and we recognize the importance of crating and maintaining an environment which is favorable to the future
development of electronic commerce. We instruct the General Council to consider the most appropriate institutional
arrangements for handling the Work Programme, and to report on future progress to the Fifth Session of the Ministerial
Conference. We declare that Members will maintain their current practices of not imposing customs duties on electronic
transmissions until the Fifth Session.
SMALL ECONOMIES
35. We agree to a work programme, under the auspices of the General Council, to examine issues relating to the trade of
small economies. The objective of this work is to frame responses to the trade-relates issues, identified for fuller
integration of small, vulnerable economies into the multilateral trading system, and not to create a sub-category of WTO
Members. The General Council shall review the work programme and make recommendations for actions to the Fifth Session
of the Ministerial Conference.
TRADE, DEBT AND FINANCE
36. We agree to an examination, in the Working Group under the auspices of the General Council, of the relationship
between trade, debt and finance and of any possible recommendations on steps that might be taken within the mandate and
competence of the WTO to enhance the capacity of the multilateral trading system to contribute to a durable solution to
the problem of external indebtedness of developing and least-developed countries, and to strengthen the coherence of
international trade and financial polices, with a view to safeguarding the multilateral trading system from the effects
of financial and monetary instability. The General Council shall report to the Fifth Session of the Ministerial
Conference on progress in the examination.
TRADE AND TRANSFER OF TECHNOLOGY
37. We agree to an examination, in a Working Group under the auspices of the General Council, of the relationship
between trade and transfer of technology, and of any possible recommendations on steps that might be taken within the
Mandate of the WTO to increase flows of technology to developing countries. The General Council shall report to the
Fifth Session of the Ministerial Conference on progress in the examination.
TECHNICAL COOPERATION AND CAPACITY BUILDING
38. We confirm that technical cooperation and capacity building are core elements of the development dimension of the
multilateral trading system, and we welcome and endorse the New Strategy for WTO Technical Cooperation for Capacity
Building, Growth and Integration. We instruct the Secretariat, in coordination with other relevant agencies, to support
domestic efforts for mainstreaming trade into national plans for economic development and strategies for poverty
reduction. The delivery of WTO technical assistance shall be designed to assist developing and least-developed counties
to adjust to WTO rules and disciplines, implement obligations and exercise the rights of membership, including drawing
on the benefits of an open, rules-based multilateral trading system. Priority shall also be accorded to small,
vulnerable, and transition economies, as well as to Members and Observers without representation in Geneva. We reaffirm
our support for the valuable work of the International Trade Centre, which should be enhanced.
39. We underscore the urgent necessity for the effective coordinated delivery of technical assistance with bilateral
donors, in the OECD Development Assistance Committee and relevant international and regional intergovernmental
institutions, within a coherent policy framework and timetable. In the coordinated delivery of technical assistance, we
instruct the Director general to consult with the relevant agencies, bilateral donors and beneficiaries, to identify
ways of enhancing and rationalizing the Integrated Framework for Trade-Related Technical Assistance to Least-Developed
Countries and the Joint Integrated Technical Assistance Programme (JITAP).
40. We agree that there is a need for technical assistance to benefit from secure and predictable funding. We therefore
instruct the Committee on Budget, Finance and Administration to develop a plan for adoption by the General council in
December 2001, that will ensure long-term funding for WTO technical assistance at an overall level no longer than that
of the current year and commensurate with the activities outlined above.
41. We have established firm commitments on technical cooperation and capacity building in various paragraphs in this
Ministerial Declaration. We reaffirm these specific commitments contained in paragraphs 16, 22, 25-27, 33, 38-40, 42 and
43, and also reaffirm the understanding in paragraph 2 on the important role of sustainably financed technical
assistance and capacity-building programmes. We instruct the Director-General to report ot the Fifth Session of the
Ministerial Conference, with an interim report to the General Council in December 2002 on the implementation and
adequacy of these commitments in the identified paragraphs.
LEAST-DEVELOPED COUNTRIES
42. We acknowledge the seriousness of the concerns expressed by the least-developed countries (LDCs) in the Zanzibar
Declaration adopted by their Ministers in July 2001. We recognize tat the integration of the LDCs into the trading
system requires combined and inter-related action at three levels, namely; market access, trade-related technical
assistance and capacity building, and supporting domestic measures to mainstream trade priority areas of action into
plans for economic development and strategies for poverty reduction. 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. Accession of LDCs remains a priority for the Membership. We agree to work to facilitate and accelerate
negotiations with acceding LDCs. We instruct the Secretariat to reflect the priority we attach to LDCs’ accessions in
the annual plans for technical assistance. 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 the 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.
43. We endorse the Integrated Framework for Trade-Related Technical Assistance to Least-Developed Countries (IF) as a
viable model for LDCs’ trade development. We urge development partners to significantly increase contributions to the IF
Trust Fund and WTO extra-budgetary trust funds in favour of LDCs. We urge the core agencies, in coordination with
development partners, to explore the enhancement of the IF and the extension of the model to all LDCs, following the
review of the IF and the appraisal of the ongoing Pilot Scheme in selected LDCs. We request the Director General,
following coordination with heads of the other agencies, to provide an interim report to the General Council in December
2002 and a full report to the Fifth Session of the Ministerial Conference on all issues affecting LDCs.
SPECIAL AND DIFFERENTIAL TREATMENT
44. We reaffirm that provisions of special and differential treatment are an integral part of the WTO Agreements. We
note the concerns expressed regarding their operations in addressing specific constraints faced by developing countries,
particularly least-developed countries. In that connection, we also note that some Members have proposed a Framework
Agreement on Special and Differential Treatment (WT/GC/W/442). We therefore agree that all special and differential
treatment provisions shall be reviewed with a view to strengthening them and making them more precise, effective and
operational. In this connection, we endorse the work programme on special and differential treatment set out in the
Decision on Implementation-Related Issues and Concerns.
ORGANIZATION AND MANAGEMENT OF THE WORK PROGRAMME
45. The negotiations to be pursued under the terms of this Declaration shall be concluded not later than [1 January
2005]. The Fifth Session of the Ministerial Conference will take stock of progress in the negotiations, provide any
necessary political guidance, and take decisions as necessary. When the results of the negotiations in all areas have
been established, a Special Session of the Ministerial Conference will be held to take decisions regarding the adoption
and implementation of those results.
46. The overall conduct of the negotiations shall be supervised by a Trade Negotiations Committee under the authority of
the General Council. The Trade Negotiations Committee shall hold its first meeting not later than [31 January 2002]. It
shall establish appropriate negotiating mechanisms as required and supervise the progress of the negotiations.
47. With the exception of the improvements and clarifications of the Dispute Settlement Understanding, the conduct,
conclusion and entry into force of the outcome of the negotiations shall be treated as parts of a single undertaking.
However, agreements reached at an early stage may be implemented on a provisional or definitive basis. Early agreements
shall be taken into account in assessing the overall balance of the negotiations.
48. Negotiations shall be open to:
(i) all Members of the WTO; and
(ii) States and separate customs territories currently in the process of accession and those that inform Members, at a
regular meeting of the General Council, of their intention to negotiate the terms of their membership and for whom an
accession working party is established.
Decisions on the outcomes of the negotiations shall be taken only by WTO Members.
49. The negotiations shall be conducted in a transparent manner among participants, in order to facilitate the effective
participation of all. They shall be conducted with a view to ensuring benefits to all participants and to achieving an
overall balance in the outcome of the negotiations.
50. The negotiations and the other aspects of the work Programme shall take fully into account the principle of special
and differential treatment for developing and least-developed countries embodied in: Part IV of the GATT 1994, the
Decision of 28 November 1979 on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of
Developing Countries; the Uruguay Round Decision on Measures in Favour of Least-Developed Countries; and all other
relevant WTO provisions.
51. The Committee on Trade and Development and the Committee on Trade and Environment shall, within their respective
mandates, each act as a forum to identify and debate developmental and environmental aspects of the negotiations, in
order to help achieve the objective of having sustainable development appropriately reflected.
52. Those elements of the Work Programme which do not involve negotiations are also accorded a high priority. They shall
be pursued under the overall supervision of the General Council, which shall report on progress to the Fifth Session of
the Ministerial Conference.