Explanatory note on old and new procedures
The solution we have adopted is not one which will be considered perfect in all quarters. But member governments were wise enough to realize that we should not make the perfect, the enemy of the good. Moreover, after four years of working to resolve this difficult problem, governments made the decision that it was time to find a solution and move on the full agenda of work that confronts us as part of the Doha Development Agenda. I'd like to thank the governments for their hard work and constructive approach to this issue.
Let me review for briefly what today's decision will mean: Governments agreed on new procedures for the derestriction of documents, which will result in the great major of documents being made available to the public in 6-12 weeks, compared with the average time of 8-9 months which is required today.
As you know, most WTO documents are available to the public upon circulation unless a government indicates that it wishes for it to remain restricted. But until today, we have had rather complex list of exceptions to this basic principle. From today, the list of exceptions has been greatly reduced through an agreed set of procedures.
Previously, restricted documents did not become public for at least three to eight months and there was the possibility of extension. Now documents will either be derestricted after they are first considered by the relevant WTO body, or 60 days after circulation – whichever is earlier. Members will retain control over the restriction status of their own documents and can request that their submissions remain restricted until further notice.
Documents produced by the Secretariat will now be restricted only if the body in question so decides, and in such cases will be derestricted 60 days after circulation unless a member government requests an additional 30 day restriction period. Following these 30 days, the document would be automatically derestricted. In the past, Secretariat documents were restricted for up to 8 months after the date of circulation.
The restriction period for minutes of WTO meetings will, with very few exceptions, be reduced from eight months to 45 days.
The progress we have made in this area is an indication of a new attitude among members post-Doha and I'm encouraged that the spirit of co-operation I have seen during these consultations will be carried over to other aspects of the work in front of us.
General comments on new procedures back to top
New procedures simple to understand and easy to administer; cumbersome administrative process eliminated;
5 types of documents subject to restriction clearly identified; these are:
-
a Member's own submission at its request
- Secretariat documents if the body concerned so decides
- minutes of meetings
- accession working party documents
- documents relating to renegotiations of schedules
Restriction periods greatly reduced for majority of documents, from current 8 - 9 months on average to 1 ½ - 3 months;
Most documents subject to automatic derestriction after initial restriction period; at the same time, Members' rights protected regarding their own submissions;
New procedures will greatly reduce share of WTO documents circulated as restricted, currently about 30 per cent;
Review of procedures to be undertaken [at an appropriate time] [X years after adoption].
Basic philosophy back to top
Old: Documents in any WTO document series shall be unrestricted.
New: No change.
Comment:
Current procedures already provide that, by default, all WTO documents be circulated as unrestricted. The list of exceptions to this basic principle (i.e. restricted documents) is greatly reduced in the new procedures.
Restricted documents submitted by Members
Old: Restricted between 1 and 6 months, plus 60 days after date of circulation, with possibility of extension.
New: Restricted until first consideration by the relevant body, or 60 days after date of circulation, whichever is earlier; upon request by the Member concerned, it may remain restricted for further periods of 30 days, subject to renewed requests.
Comment:
Members will be fully in control over the restriction status of their own documents. If a Member so decides, its submission can remain restricted until further notice is given.
Background documents requested from the Secretariat as restricted back to top
Old: Restricted between 6 months plus 60 days after date of circulation, with possibility of extension.
New: Restricted if so decided by the body concerned, and derestricted 60 days after date of circulation; upon request by a Member, it can remain restricted for an additional 30-day period, after which it is automatically derestricted.
Comment:
Members will have at least 60 days to examine a Secretariat document before its derestriction, plus an additional 30 days if requested by a Member.
Minutes of meetings back to top
Old: Restricted between 6 months plus 60 days after date of circulation, with the possibility of extension.
New: Derestricted 45 days after date of circulation; this process not applicable to minutes of the Trade Policy Review Body which, in accordance with the Trade Policy Review Agreement, will continue to be circulated as unrestricted.
Comment:
Under the Rules of Procedure for meetings of the General Council and other WTO bodies, Members may "upon their request, verify those portions of the draft records containing their statements, prior to the issuance of such records".
Documents relating to renegotiation of schedules
Comment:
Coverage modified to include specific commitments under GATS. Derestriction procedures remain unchanged. Documents automatically derestricted upon certification of changes to schedules following the renegotiation.
Documents relating to accession working parties back to top
Comment:
Derestriction procedures simplified to reflect current practice. All accession documents automatically derestricted upon adoption of the working party report.
Background back to top
Current procedures provided for a review and modification if necessary two years after their adoption, i.e. in July 1998. Considerable consultations were held by former DDG Mr. Hoda beginning early in 1998, followed by DDG Mr. Rodriguez-Mendoza since 1999, and finally by the Chairman of the General Council, Amb. Marchi (Canada) in 2002. The revised procedures reflect an accommodation of the different views and concerns expressed by Members.