of agreements Back
the GATT years, examination of agreements was conducted in individual
working parties. The establishment of the CRTA as the single body
responsible for the examination of agreements helped streamline the
examination process and provided a forum for the discussion of
cross-cutting systemic issues which are common to most, if not all,
falling under Article XXIV are notified to the Council for Trade in
Goods (CTG) which adopts the terms of reference and transfers the
agreement to the CRTA for examination.
notification of agreements falling under the Enabling Clause is made
to the Committee on Trade and Development
(CTD). The agreement is
placed in the agenda of the CTD meeting where a debate is held, but,
generally, no in-depth examination in the CRTA is requested by the CTD.
covering trade in services concluded by any WTO Members, whether
developed or developing, are notified to the Council for Trade in
Services (CTS). The CTS may decide to pass the agreement to the CRTA
for examination — but unlike the case of RTAs notified under Article
XXIV of the GATT, such examination is optional, not mandatory.
examination of an agreement in the CRTA serves two purposes:
it ensures the transparency of RTAs and allows Members to evaluate an
agreement's consistency with WTO rules. The examination is conducted
on the basis of information provided by the parties to the RTA,
through written replies to written questions posed by WTO Members or
through oral replies to questions posed at CRTA meetings. Once the
factual examination is concluded, the Secretariat drafts the
examination report. Thereafter, consultations are conducted and once
the report is agreed by the CRTA, it is submitted to the relevant
superior body for adoption.
no examination report has been finalized since 1995 because of lack of
consensus. One problem derives from the possible links between CRTA-consistency
judgement and the dispute settlement process. In addition, there are
long-standing controversies about the interpretation of the WTO
provisions against which RTAs are assessed, and institutional problems
arising either from the absence of WTO rules (e.g. on preferential
rules of origin), or from discrepancies between WTO rules and those
contained in some RTAs.
this background, WTO Members, meeting at the Fourth Ministerial
Conference in Doha, while recognizing that RTAs can play an important
role in promoting trade liberalization and in fostering economic
development, also stressed the need for a harmonious relationship
between the multilateral and regional processes. On this basis,
Ministers agreed to launch negotiations aimed at clarifying and
improving the disciplines and procedures under the existing WTO
provisions applying to RTAs, while taking due account of the
developmental aspects of these agreements.
CRTA's other two functions are to consider how the required reporting
on the operation of agreements should be carried out and to develop
procedures to facilitate and improve the examination process.
reporting, the CRTA has developed a regular schedule for the
submission of biennial reports which applies to those RTAs where an
examination report has already been adopted. The document reference of
such reports can be found in the table by examination
status (in MS Excel, 112KB) under WT/document series.
procedures to facilitate and improve the examination process
documents in MS Word format: WT/REG/W/9 (6
page, 68KB) and WT/REG/W/15 ( in
PDF format 4 pages, 38KB) the Committee has developed a
Standard Format for the submission of agreements in the area of goods
format, 4 pages, 33KB) and in the area of services (see document in
PDF format: WT/REG/W/14, 4 pages, 31KB).
Committee agreed to deal with “systemic issues” (questions
of cross-cutting concern) under a three-pronged approach, encompassing
(i) legal analyses of relevant WTO provisions; (ii) horizontal
comparisons of RTAs; and (iii) a debate on the context and economic
aspects of RTAs.
legal analysis of WTO provisions has underlined the divergent views
that exist on the interpretation of certain elements of the WTO rules
governing RTAs. In-depth discussions have taken place on many aspects
of GATT Article XXIV, the Enabling Clause and GATS Article V based on
submissions by WTO Members and papers by the Secretariat. Document WT/REG/W/37
(in MS Word, 39 pages, 207KB) summarizes on a factual basis the discussion on the legal aspects of
the WTO provisions. See also the Annotated Checklist of Systemic
Issues (WT/REG/W/16 in PDF, 14 pages,
94KB) prepared by the Secretariat.
Secretariat has compiled studies on the horizontal comparisons of RTAs.
See the Inventory of Non-Tariff Provisions in Regional Trade
Agreements WT/REG/W/26 (in MS Word, 9 pages, 172KB),
Rules of Origin Regimes in Regional Trade Agreements WT/REG/W/45
(in MS Word, 29 pages, 258KB) and Coverage, Liberalization
Process and Transitional Provisions in Regional Trade Agreements WT/REG/W/46 in MS Word,
51 pages, 2330KB).