WTO-forhandlinger vedrørende markedsadgang for ikkelandbrugsprodukter
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Medlemmerne af
Folketingets Europaudvalg
og deres stedfortrædere
Bilag
Journalnummer
Kontor
1
400.C.2-0
EU-sekr.
22. maj 2003
Til underretning for Folketingets Europaudvalg vedlægges udkast til modali-
teter for WTO-forhandlingerne om markedsadgang for ikke-landbrugs-
produkter. Udkastet blev fremlagt den 16. maj 2003 af formanden for for-
handlingsgruppen vedr. markedsadgang for ikke-landbrugsprodukter, ambas-
sadør Pierre-Louis Girard.
2
WORLD TRADE
ORGANIZATION
TN/MA/W/35
16
May 2003
(03-2639)
Negotiating Group on Market Access
Draft
Elements of Modalities for Negotiations
on Non-Agricultural Products
Introduction
1.
In adopting on 19 July 2002 the Programme of
Meetings of the Ne-
gotiations on Market Access for
Non-Agricultural products (hereafter Work Pro-
gramme), the
participants in the Negotiating Group on
Market Access (NGMA)
stated that they will "aim at a
common understanding on a possible outline of mo-
dalities by the end of
March 2003 with a view to reaching an agreement on those
modalities by 31
May 2003." With a view to facilitate such agreement, the Chair
submits herewith a draft of "Elements of
Modalities for Negotiations on Non-
Agricultural Products," under his own responsibility.
2.
This
draft is based on the work carried out during the series of formal
and
informal session of the NGMA starting on 2 August 2002 and conducted in
accordance with the Mandate provided by Ministers at Doha, and the Work pro-
gramme thereunder adopted by the NGMA on 19 July 2002.
Paragraph
16
of
the
Doha
Ministerial
Declaration
provides
(WT/MIN(01)/DEC/1):
"16.
We agree to negotiations
which shall aim, by modalities to be
agreed, to reduce or as
appropriate eliminate tariffs, including the re-
duction or elimination of tariff peaks, high tariffs, and tariff escalation,
as well as non-tariff barriers, in particular on products of export inte-
rest to developing countries. Product coverage shall be comprehensive
and without a priori exclusions. The negotiations
shall take fully into
3
account the special needs and interests of developing
and least-
developed country participants, including
through less than full reci-
procity in
reduction commitments, in accordance with
the relevant
provisions of Article XXVIII bis of GATT 1994 and
the provisions ci-
ted 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."
Furthermore, paragraph 4 of the Work Programme states (TN/MA/3):
"4.
In accordance with paragraph 16 and other relevant provisions
of the Doha Ministerial Declaration, special and differential treatment
for developing and least-developed countries shall be an integral part of
all elements of the negotiations under this Work Programme."
3.
This
draft does not claim to represent elements agreed in whole or in
any part
and is without prejudice to the position of participants. As it will
become
evident immediately in this draft, some parts are not fully
elaborated, and some of
the other points raised are not included.
Thus, it is not in anyway comprehensive.
Rather it should be seen as
a set of basic elements for possible modalities, which
will need to be
adjusted, completed, refined, or further expanded upon.
4.
It is
hoped that these Draft Elements will
further stimulate the
constructive discussions
which have taken place between participants
so as to
enable them to build up a consensus on
modalities for negotiations on tariffs and
non-tariff barriers. It is
furthermore expected that in conducting these discussions
the participants
will keep closely in mind the importance of preserving the integrity
of
the WTO multilateral trading system as
embodied in the WTO Agreements,
building upon
the market openings realized thus far as a major element in promo-
ting
trade and development, and incorporating special and differential treatment as
an integral part of the negotiations.
Therefore the following elements
are proposed:
Tariffs
The proposed elements for modalities on tariff
negotiations are outli-
ned in the following four sub-sections, all of
which are an integral part of the mo-
dalities for all participants.
Formula
5.
The application of the formula
will be based on the following ele-
ments:
· base rate: tariff reduction or
elimination on all non-agricultural products1
from the bound rates after full
implementation of current concessions2.
1
All products not covered by the WTO Agreement on
Agriculture.
4
However, for unbound items, the
basis for commencing the tariff reduc-
tions shall be two times the MFN applied rate3;
· the
base year for MFN applied tariff rates shall be 2001;
· non-ad
valorem duties shall be converted to ad valorem equivalents according
to
the procedures in Annex I;
· HS nomenclature: negotiations to
commence on the basis of Harmonized
System (HS) 1996, and negotiations to
be finalized in HS2002 nomenclatu-
re;4 and
· for
import data, the years 1999-2001, hereinafter "reference
period", shall
be used in order to mitigate yearly fluctuations.
6.
All non-agricultural tariffs shall be
reduced on a line-by-line basis
using the
formula5 applied to the base rates outlined in paragraph 5:
1
t
t
B
t
t
B
t
a
a
+
´
´
´
=
where,
t1 is the final rate,
to be bound in ad valorem terms
t0 is the base rate
ta is the average
of the base rates6
2
Credit may be given for
autonomous liberalization provided that the items were
bound on an MFN
basis in the WTO since the conclusion of Uruguay Round. Thus, in
the
following cases, credit will accrue by using the base rate that was in place
before the
autonomous liberalization took place, and the formula reduction
would be applied to
this higher basis. In the case of items that were
not previously bound, two times the
MFN applied rate or the new bound rate,
which ever is higher, for the year the liberali-
zation took place would be
the basis. It is noted that in the cases of the Ministerial
Declaration on the Expansion of Trade in Information Technology Products,
further
initiatives in the Pharmaceutical zero-for-zero sector, and certain
other individual ini-
tiatives, the bound rate was reduced to zero and
through the application of the formula,
credits would not be relevant.
Thus, for the remaining items, credit could be given for
the tariff
lines noted in the following WTO documents which have been given legal
effect through certifications: European Communities (WT/Let/178), Hungary
(WT/Let/441), India (WT/Let/374), Korea (WT/Let/302), Pakistan
(WT/Let/424), Sri
Lanka (WT/Let/398), and the United States (WT/Let/182).
3
When the MFN applied rate in the base year is zero, 5 percent shall
be used as the
basis.
4
If Members so desire, they may commence
with HS2002 nomenclature if the cor-
responding concordance tables are
provided.
5
All numbers used in the formula will be calculated to one
significant decimal point.
6
The calculation of tariff averages should
not be biased by the disaggregation of Mem-
bers tariff schedules. To
reduce the bias introduced by the different number of tariff
lines in
Members' schedules, the HS standard nomenclature, an international standard
up to the level of HS 6-digt subheadings, shall serve as basis for the
calculation of sim-
ple tariff averages. The tariff average, shall be
calculated in two steps:
5
B is a coefficient with a unique value to be determined
by the participants
Sectorial Tariff Elimination
7.
In
addition to the application of the
formula, a sector elimination
approach is proposed
in order to eliminate and bind all tariffs on products of parti-
cular
export interest to developing and least-developed country participants.
There-
fore, the following sectors are
proposed: Electronics & Electrical goods;
Fish &
Fish products; Footwear; Leather
goods; Motor Vehicle parts & components;
Stones, Gems, & Precious Metals; and Textiles &
Clothing.7
The sectorial tariff elimination shall be achieved
through three phases
of equal length. The basis for elimination will
be from the bound rates after full
implementation of current
concessions, or for unbound items, the
MFN applied
rates in 2001. The tariff reductions will
occur in equal annual stages, as follows:
· developed
participants and other participants who so
decide, shall eliminate
tariffs at the end of the first
phase;
· other participants shall achieve
tariff reduction and elimination as follows:
1)
tariff reduction to a proposed level of not more than 10
percent8 at the end of
the first phase; 2) maintain this level
during the second phase; and 3) achieve
elimination of tariffs at the
end of the third phase.
Additional Provisions for Developing and
Least-Developed Participants
8.
Taking into account the relevant
provisions of the mandate, and the
special and differential treatment and
"less than full reciprocity" already provided in
the elements above,
developing and least-developed participants shall have additio-
nal
provisions as follows:
a)
for developing country
participants, longer implementation periods for ta-
riff reductions, and up
to 5 percent of tariff lines may remain unbound pro-
vided that they do not
exceed 5 percent of the total value of a member's
imports, calculated for
the reference period.9
b)
least-developed country
participants shall not be required to undertake re-
duction commitments, as
noted in paragraphs 6, 7, 11, and 12. As part of
i) A
simple arithmetic average of tariff line ad valorem duties or AVEs is
used
to calculate the tariff average for each non-agricultural HS 6-digit
subheading
ii) This HS 6-digit average is then used as basis to calculate
the simple
tariff average for each Member.
7
Members will need to
determine the product coverage applicable to these sectors.
8
If the
rate (bound or in the case of unbound items, the MFN applied rate in 2001) is
less than 10 percent, this lower rate shall remain in place.
9
Does not apply to those products included in the sectorial tariff elimination
approach.
6
their contribution to this round of negotiations, they
are however expected
to substantially increase their level of binding
commitments.
9.
Furthermore, as a contribution to
the integration of the LDCs into
the multilateral trading
system and support for the diversification of their produc-
tion and export
base, it is proposed that developed participants and other partici-
pants
who so decide, grant on an autonomous basis duty-free and quota-free mar-
ket access for non-agricultural products originating from LDCs by the year […]
Newly Acceded Members
10.
In addition to the
provisions already set out in paragraph
8 above,
newly acceded Members could have recourse to a higher
coefficient in the formula
in order to take into account their extensive
market access commitments underta-
ken as part of their accession and
recognizing that staged tariff reductions are still
being implemented.
Supplementary Modalities
11.
It is proposed that participants
supplement additional tariff reduction
and elimination made through the
formula and sectorial modalities above with ze-
ro-for-zero sector
elimination, sectorial harmonization, and request & offer.
12.
In
addition, it is proposed that participants consider the elimination
of low
duties.
Non-tariff Barriers
13.
The following elements are
proposed for the modalities on NTBs:
a)
It is understood that
the NGMA maintains overall responsibility for addres-
sing non-tariff
barriers (NTBs) as part of the Doha Declaration;
b)
The
negotiating group will proceed with the identification and examination
of
the various types of NTBs;10
c)
After
completing the identification, participants will
aim to categorise the
NTBs as well
as clarify and seek additional information
where necessary,
and then proceed in the following manner:
· Selected NTBs, to be agreed upon by the participants, would be dealt
with by
the NGMA on the basis of modalities, which could include
request/offer, hori-
zontal, or vertical approaches;
· NTBs
that have a specific negotiating mandate
in the Doha Declaration in
other areas should
continue to be addressed in that body but information on
10
In this respect, it is recalled that work has already been initiated with
the notification
of non-tariff barriers by participants.
7
the progress or outcome of those negotiations should be
reported to this group
for transparency;
· Work on NTBs which
relate to other areas of the Doha Declaration which cur-
rently do not have
a specific negotiating mandate would progress in other fora
but information
on the progress should be reported to this group for transpa-
rency; and
· NTBs that currently do not have
a specific negotiating mandate would, after
further clarification and if the group
decides there is a need to send them to
another WTO
body, be reported to the TNC in order to be forwarded to the
appropriate
WTO body for action and reporting back.
Appropriate Studies and Capacity
Building
14.
Paragraph 16 of the Doha Declaration and its reference to
paragraph
50 provide, as part of the modalities, for appropriate studies
and capacity building
measures to assist least-developed countries to
participate effectively in the negotia-
tions. In this regard, but also in
a broader sense, it is proposed that:
· Participants identify issues
related to studies and other capacity building measu-
res to further improve
participation in the negotiations. In addition, the Secreta-
riat will
continue to initiate these matters when it undertakes work relevant to
this
negotiating group, including in cooperation with other international organi-
zations. 11
· Participants initiate proposals to
provide adequate delivery of technical assistan-
ce and capacity building
measures related to the negotiations on non-
agricultural market access,
keeping in mind the measures already incorporated
in the
WTO Annual Technical Assistance/Capacity Building
Plans for both
2002 and 2003.
11
It
is noted that to date, a number of relevant studies have been prepared or
referen-
ced, as follows: Selective Bibliography of Research on
Market Access (TN/MA/S/1 +
Add.1), Formula Approaches to Tariff
Negotiations (TN/MA/S/3 + Rev.1 +
Rev.1/Add.1 + Rev.2), WTO Members' Tariff
Profiles (TN/MA/S/4 + Rev.1 +
Rev.1/Corr.1), Formula Approaches to Tariff
Negotiations – Secretariat Simulations
using Members' Tariff Concessions
(JOB (03)/67), Incidence of Non-Ad valorem Tariffs
in Members' Tariff
Schedules and Possible Approaches to the Estimation of Ad valorem
Equivalents (TN/MA/S/10), and Market Access Issues Related to Products of
Export
Interest Originating from Least Developed Countries (TN/MA/S/7).
8
ANNEX I
Calculation of ad valorem equivalents
Where Members have non-ad valorem tariffs
in their base rates, ad
valorem
equivalents (AVEs) for these rates will
be calculated by the
Secretariat using the
following methodology:
· If import values and quantities are
available in the IDB unit values shall be cal-
culated at the tariff line
level.
· If import values and quantities
are not available in the IDB at
the tariff line
level unit values of the relevant HS 6
digit subheading of the Member's IDB da-
ta shall be used.
· If
import values and quantities are not available in the IDB for a specific Mem-
ber at the HS 6 digit level, world unit values, based on data available in
the IDB
and complemented by information in the UN COMTRADE database, shall
be
used.
· Non ad valorem tariffs for which AVEs cannot be calculated
by the Secre-
tariat because of the technical nature of the duties concerned
shall be as-
sumed to have an AVE equivalent to the tariff average (ta) as
used in the
formula in paragraph 6 of this document.
However, if
the Member concerned so desires, they
may calculate AVEs
themselves if it is done so in a
transparent manner and uses the representati-
ve reference period.
Full details of the method and data used for these calcu-
lations
shall be included in the tables of supporting material for the draft of-
fers and shall be subject to multilateral review. Members may ask the
Secre-
tariat for technical assistance in their calculation of AVEs.
__________