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    26 November 2005

    DOHA WORK PROGRAMME

    Preparations for the Sixth Session of the Ministerial Conference

    Draft Ministerial Text

    In line with the procedure set out at the General Council meeting in October and the meetingsof the TNC in eptember and October! the attached draft te"t is being presented b# the Chairman ofthe General Council and the $irector%General for &embers' consideration! with the followingobservations(

    It should be emphasi)ed that this draft te"t does not purport to represent agreement overall!and it is without pre*udice to an# delegation's position on an# issue( It draws on and incorporates

    much wor+ done b# the Chairs of the negotiating bodies and other ,TO bodies( Their consultationshave in man# cases produced inputs for the present draft which are either full# agreed b# &embers orreflect a high level of convergence( In other areas! the te"t reflects a lower level of convergence( Insome areas where important substantive differences persist! this draft attaches a report b# the relevantChair! on his own responsibilit#! setting out the present situation as he sees it(

    The attached te"t is a first draft( -n# possible revision of it will depend upon further progresstowards convergence among &embers! with whom we shall be consulting intensivel# in the ver#limited time remaining before the General Council considers the te"t it will send to .ong /ong(

    In carr#ing out these further consultations! we shall continue to be guided b# the principles ofconsensus%building and wor+ing in a bottom%up wa#(

    ,e urge &embers to approach this draft te"t in a constructive spirit and with respect for thepositions of others( ,e will continue to wor+ with #ou all to facilitate agreement in the short timeahead of us(

    _______________

    05%561

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    Draft Ministerial Text

    1( ,e reaffirm the $eclarations and $ecisions we adopted at $oha and our full commitment togive effect to them( ,e emphasi)e the central importance of the development dimension in ever#

    aspect of the $oha ,or+ 9rogramme and recommit ourselves to ma+ing it a meaningful realit#! interms both of the results of the negotiations on mar+et access and rule%ma+ing and of the specificdevelopment%related issues set out below( ,e renew our resolve to complete the $oha ,or+9rogramme full# and to conclude the negotiations launched at $oha successfull# in 2006(

    2( In pursuance of these ob*ectives! and ta+ing into account the $ecision adopted b# the GeneralCouncil on 1 -ugust 200:! we agree as follows;

    Agriculture

    negotiations

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    &ar+et -ccess since 200:! but note that much remains to be done in order toestablish modalities and to conclude the negotiations( ,e ta+e note of the report b#the Chairman of the Negotiating Group! attached in -nne" 4 to this document! andagree to intensif# wor+ to fulfil the $oha ob*ectives( In particular! we are resolved

    to establish modalities no later than >(((? and to submit comprehensive draftchedules based on these modalities no later than >(((?(

    Services

    negotiationsA( The negotiations on trade in services shall proceed to their conclusion with aview to promoting the economic growth of all trading partners and the developmentof developing and least%developed countries B$Cs! and with due respect for theright of &embers to regulate( In this regard! we recall and reaffirm the ob*ectivesand principles stipulated in the G-T! the $oha &inisterial $eclaration! theGuidelines and 9rocedures for the Negotiations on Trade in ervices adopted b# thepecial ession of the Council for Trade in ervices on 2 &arch 2001! as well as-nne" C of the $ecision adopted b# the General Council on 1 -ugust 200:(

    ( ,e urge all &embers to participate activel# in these negotiations towardsachieving a progressivel# higher level of liberali)ation of trade in services! withappropriate fle"ibilit# for individual developing countries as provided for in -rticleI of the G-T( Negotiations shall have regard to the si)e of economies ofindividual &embers( ,e recogni)e the particular economic situation of B$Cs!including the difficulties the# face! and ac+nowledge that the# are not e"pected tounderta+e new commitments( ,e recogni)e the special situation of recentl#%acceded&embers who have underta+en e"tensive mar+et access commitments at the time ofaccession( This situation will be ta+en into account in the negotiations(

    8( ,e are determined to intensif# the negotiations in accordance with theabove principles and the Ob*ectives! -pproaches and Timelines set out in -nne" C

    to this document with a view to e"panding the sectoral and modal coverage ofcommitments and improving their Dualit#( In this regard! particular attention will begiven to sectors and modes of suppl# of e"port interest to developing countries(

    Rules

    negotiations10( ,e recall the mandates in paragraphs 2 and 28 of the $oha &inisterial$eclaration and reaffirm our commitment to the negotiations on rules! as we setforth in -nne" $ to this document(

    TRIPS

    negotiations11( ,e ta+e note of the report of the Chairman of the pecial ession of theCouncil for T@I9 setting out the progress in the negotiations on the establishmentof a multilateral s#stem of notification and registration of geographical indicationsfor wines and spirits! as mandated in -rticle 2

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    3O4057289age ,ewelcome the decision b# the T@I9 Council to e"tend the transition period under

    -rticle 66(1 of the T@I9 -greement(? ,e reaffirm our commitment to enhanceeffective trade%related technical assistance and capacit# building to B$Cs on a

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    priorit# basis in helping to overcome their limited human and institutional trade%related capacit# to enable B$Cs to ma"imise the benefits resulting from the $oha$evelopment -genda $$-(

    Integrated

    Frame%or, 28( ,e continue to attach high priorit# to the effective implementation of theIntegrated =ramewor+ I= and reiterate our endorsement of the I= as a viableinstrument for B$Cs' trade development! building on its principles of countr#ownership and partnership( ,e reaffirm our commitment made at $oha! andrecogni)e the urgent need to ma+e the I= more effective and timel# in addressing thetrade%related development needs of B$Cs( ,e highlight the importance ofcontributing to reducing their suppl# side constraints(

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    3O4057289age A

    and recommendations of the review will be ta+en into account! as appropriate(

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    Aid $or Trade

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    Annex A

    Agricltre

    @eport b# the Chairman of the pecial ession of the Committee on -griculture to the TNC

    1( The present report has been prepared on m# own responsibilit#( I have done so in response tothe direction of &embers as e"pressed at the informal pecial ession of the Committee on-griculture on 11 November 2005( -t that meeting! following the informal .eads of $elegationmeeting the preceding da#! &embers made it cr#stal clear that the# sought from me at this point anob*ective factual summar# of where the negotiations have reached at this time( It was clear from thatmeeting that &embers did not e"pect or desire an#thing that purported to be more than that( In

    particular! it was clear that! following the decision at the .eads of $elegation meeting that fullmodalities will not be achieved at .ong /ong! &embers did not want an#thing that suggested implicitor e"plicit agreement where it did not e"ist(

    2( This is not! of course! the +ind of paper that I would have chosen or preferred to haveprepared at this point( Ideall#! m# tas+ should have been to wor+ with &embers to generate a draftte"t of modalities( 4ut this te"t reflects the realit# of the present situation( There will be becausethere must be if we are to conclude these negotiations such a draft te"t in the future( I loo+ at thisnow as a tas+ postponed! but the precise timing of this is in the hands of &embers(

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    3O4057289age -%2

    profound ris+ to our process( I would li+e to believe that this report at least underlines to us that thereis indeed something real and important still within our grasp and we ought not to ris+ losing it( Ourover%riding challenge and responsibilit# is to meet the development ob*ective of the $oha$evelopment -genda( To meet this challenge and achieve this goal! we must act decisivel# and with

    real urgenc#(

    A( The future life of this paper! if an#! is a matter entirel# in the hands of TNC &embers todecide( This! as I see it! is the proper safeguard of the integrit# of what has come to be described as abottom%up process(

    DOMEST!C S"PPORT

    ( There has been ver# considerable potential convergence! albeit on a manifestl# conditionalbasis(

    -verall Cut

    % There is a wor+ing h#pothesis of three bands for overall cuts b# developed countries(There is a strongl# convergent wor+ing h#pothesis that the thresholds for the three bands

    be FL billion 0%10H 10%60H M60( On this basis! the European Communities would be inthe top band! the Fnited tates and 3apan in the second band! and all other developedcountries at least in the third band( =or developing countries! there is a view that eitherdeveloping countries are assigned to the relevant integrated band the bottom or thatthere is a separate band for them(i

    % 4ased on post%3ul# 2005 proposals! there has been an undeniabl# significant convergenceon the range of cuts( Of course! this has been conditional( 4ut sub*ect to that feature! a

    great deal of progress has been made since the bare bones of the 3ul# 200: =ramewor+(The following matri" provides a snapshot;

    #an$s Threshol$s %"S& 'illion( Cts

    1 0%10

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    3O4057289age -% of the *AMA fra2e4or/(

    28( In response to calls b# some &embers for a better idea of the scope of the problem! the -C9Group circulated an indicative list of products 1A0 . 6%digit tariff lines vulnerable to preferenceerosion in the EC and F mar+ets as identified through a vulnerabilit# inde"( imulations were also

    submitted b# the -frican Group( ome developing &embers e"pressed concern that the tariff lineslisted covered the ma*orit# of their e"ports! or covered critical e"ports to those mar+ets and were also

    precisel# the lines on which the# sought &=N cuts( -s a result! for these &embers! it was impossibleto entertain an# solution which related to less than full formula cuts or longer staging( In this regard!concern was e"pressed b# them that non%trade solutions were not being e"amined( =or the proponentsof the issue! a trade solution was necessar# as this was a trade problem( -ccording to them! their

    proposal would not undermine trade liberali)ation because the# were see+ing to manage suchliberali)ation on a limited number of products(

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    3O4057289age 4%A

    C0 1!*A+REMARKS

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    Annex C

    Ser5ices

    O'6ecti5es

    1( In order to achieve a progressivel# higher level of liberali)ation of trade in services! withappropriate fle"ibilit# for individual developing countr# &embers! we agree that &embers shouldstrive to ensure that their new and improved commitments adhere to the following ob*ectives;

    a &ode 1

    i commitments at e"isting levels of mar+et access on a non%discriminator#basis across sectors of interest to &embers

    ii removal of e"isting reDuirements of commercial presence

    b &ode 2

    i commitments at e"isting levels of mar+et access on a non%discriminator#basis across sectors of interest to &embers

    ii commitments on mode 2 where commitments on mode 1 e"ist

    c &ode (((?! we agree that the negotiations shall adhere to the following dates;

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    a -n# outstanding initial offers shall be submitted as soon as possible(

    b Groups of &embers presenting plurilateral reDuests to other &embers should submitsuch reDuests b# >=ebruar# 2006? or as soon as possible thereafter(

    c - second round of revised offers shall be submitted b# >date?(

    d =inal draft schedules of commitments shall be submitted b# >date?(

    e &embers shall strive to complete the reDuirements in 8a before the date in 11c(

    Re5ie4 of Progress

    12( The pecial ession of the Council for Trade in ervices shall review progress in the negotiationsand monitor the implementation of the Ob*ectives! -pproaches and Timelines set out in this -nne"(

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    Annex D

    Rles

    I( -nti%$umping and ubsidies and Countervailing &easures including =isheries ubsidies

    ,e;

    1( ac,no%ledgethat the achievement of substantial results on all aspects of the @ules mandate!in the form of amendments to the -nti%$umping -$ and ubsidies and Countervailing&easures C& -greements! is important to the development of the rules%based multilateraltrading s#stem and to the overall balance of results in the $$-H

    2( aim to achieve in the negotiations on @ules further improvements! in particular! to thetransparenc#! predictabilit# and clarit# of the relevant disciplines! to the benefit of all

    &embers! including in particular developing and least%developed &embers( In this respect!the development dimension of the negotiations must be addressed as an integral part of an#outcomeH

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    specific te"tual proposals in order to ensure a balanced outcome in all areas of the Group'smandateH

    ( note the desirabilit# of appl#ing to both anti%dumping and countervailing measures an#

    clarifications and improvements which are relevant and appropriate to both instrumentsH

    8( recall our commitment at $oha to enhancing the mutual supportiveness of trade andenvironment! notethat there is broad agreement that the Group should strengthen disciplineson subsidies in the fisheries sector! including through the prohibition of certain forms offisheries subsidies that contribute to overcapacit# and over%fishing! and call on 9articipants

    promptl# to underta+e further detailed wor+ to! inter alia! establish the nature and e"tent ofthose disciplines! including transparenc# and enforceabilit#( -ppropriate and effective specialand differential treatment for developing and least%developed &embers should be an integral

    part of the fisheries subsidies negotiations! ta+ing into account the importance of this sector todevelopment priorities! povert# reduction! and livelihood and food securit# concernsH

    10( directthe Group to intensif# and accelerate the negotiating process in all areas of its mandate!on the basis of detailed te"tual proposals before the Group or #et to be submitted! andcomplete the process of anal#sing proposals b# 9articipants on the -$ and C& -greementsas soon as possibleH

    11( mandatethe Chairman to prepare! earl# enough to assure a timel# outcome within the conte"tof the 2006 end date for the $oha $evelopment -genda and ta+ing account of progress inother areas of the negotiations! consolidated te"ts of the -$ and C& -greements that shall

    be the basis for the final stage of the negotiations(

    II( @egional Trade -greements

    1( ,e welcome the progress in negotiations to clarif# and improve the ,TO's disciplines andprocedures on regional trade agreements @T-s( uch agreements! which can foster tradeliberali)ation and promote development! have become an important element in the trade policies ofvirtuall# all &embers( Transparenc# of @T-s is thus of s#stemic interest as are disciplines that ensurethe complementarit# of @T-s with the ,TO(

    2( ,e commend the progress in defining the elements of a transparenc# mechanism for @T-s!aimed! in particular! at improving e"isting ,TO procedures for gathering factual information on

    @T-s! without pre*udice to the rights and obligations of &embers( ,e instruct the Negotiating Groupon @ules to intensif# its efforts to resolve outstanding issues! with a view to a provisional decision on@T- transparenc# b# >(((?(

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    Annex E

    Tra$e 1acilitation

    @eport b# the Negotiating Group on Trade =acilitation to the TNC

    1( ince its establishment on 12 October 200:! the Negotiating Group on Trade =acilitation meteleven times to carr# out wor+ under the mandate contained in -nne" $ of the General Council$ecision in ,T7B75A8( The negotiations are benefiting from the fact that the mandate allows for thecentral development dimension of the $oha negotiations to be addressed directl# through the widel#ac+nowledged benefits of trade facilitation reforms for all ,TO &embers! the enhancement of tradefacilitation capacit# in developing countries and B$Cs! and provisions on special and differentialtreatment $T that provide fle"ibilit#( 4ased on the Group's ,or+ 9lan TN7T=71! &emberscontributed to the agreed agenda of the Group! tabling 60 written submissions sponsored b# more than100 delegations( &embers appreciate the transparent and inclusive manner in which the negotiations

    are being conducted(

    2( Good progress has been made in all areas covered b# the mandate! through both verbal andwritten contributions b# &embers( - considerable part of the Negotiating Group's meetings has beenspent on addressing the negotiating ob*ective of improving and clarif#ing relevant aspects of G-TT-rticles R! RIII and ! on which about :0 written submissions

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    resulting need to move into focussed drafting mode earl# enough after the i"th &inisterialConference so as to allow for a timel# conclusion of te"t%based negotiations on all aspects of themandate(

    5( ,or+ needs to continue and broaden on the process of identif#ing individual &ember's tradefacilitation needs and priorities! and the cost implications of possible measures( The NegotiatingGroup recommends that relevant international organi)ations be invited to continue to assist &embersin this process! recogni)ing the important contributions being made b# them alread#! and beencouraged to continue and intensif# their wor+ more generall# in support of the negotiations(

    6( In light of the vital importance of technical assistance and capacit# building to allowdeveloping countries and B$Cs to full# participate in and benefit from the negotiations! the

    Negotiating Group recommends that the commitments in -nne" $'s mandate in this area bereaffirmed! reinforced and made operational in a timel# manner( To bring the negotiations to asuccessful conclusion! special attention needs to be paid to support for technical assistance andcapacit# building that will allow developing counties and B$Cs to participate effectivel# in the

    negotiations! and to technical assistance and capacit# building to implement the results of thenegotiations that is precise! effective and operational! and reflects the trade facilitation needs and

    priorities of developing countries and B$Cs( @ecogni)ing the valuable assistance alread# beingprovided in this area! the Negotiating Group recommends that &embers! in particular developed ones!continue to intensif# their support in a comprehensive manner and on a long%term and sustainable

    basis! bac+ed b# secure funding(

    A( The Negotiating Group also recommends that it deepen and intensif# its negotiations on theissue of $T! with a view to arriving at $T provisions that are precise! effective and operationaland that allow for necessar# fle"ibilit# in implementing the results of the negotiations( @eaffirmingthe lin+ages among the elements of -nne" $! the Negotiating Group recommends that furthernegotiations on $T build on input presented b# &embers in the conte"t of measures related to

    G-TT -rticles R! RIII and and in their proposals of a cross%cutting nature on $T(

    !!0 PROPOSED MEAS"RES TO !MPRO-E A*D C+AR!1. GATT ART!C+ES -9 -!!!

    A*D )

    -( 9F4BIC-TION-N$-R-IB-4IBITKO=IN=O@&-TION

    9ublication of Trade @egulations

    9ublication of 9enalt# 9rovisions

    Internet 9ublication

    a of elements set out in -rticle of G-TT 188:b of specified information setting forth procedural seDuence and other reDuirements for

    importing goods

    Notification of Trade @egulations

    Establishment of EnDuir# 9oints7N=97Information Centres

    Other &easures to Enhance the -vailabilit# of Information

    4( TI&E9E@IO$4ET,EEN9F4BIC-TION-N$I&9BE&ENT-TION

    Interval between 9ublication and Entr# into =orce

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