F A X |
To: |
Participants in the Negotiations |
Date: |
14/07/08 |
From: |
H.E. Guillermo Valles Galmés
|
Over the
past few weeks, as we approach a crucial period in the DDA negotiations, I
have reflected on how best to synchronize the Rules negotiations with
advances in other areas of the negotiations. Taking into account the
circulation today by Ambassadors Falconer and Stephenson of revised texts on
Agriculture and NAMA, which marks a further step towards the goal of
achieving modalities in Agriculture and NAMA by the end of this month, I
think it is an appropriate time to convey to you all, in a clear and
transparent manner, my views as to how the Rules negotiations should proceed
in the period after modalities have been achieved.
Let me first speak to anti-dumping and horizontal subsidies. When I issued
my texts in November last year, I emphasized that those texts were Chair's
drafts intended to provoke discussion on the broad parameters of possible
outcomes to the negotiations; that they were technical papers not submitted
for approval in whole or in part; and lastly that I would circulate revised
draft texts as soon as I had a sufficient basis to do so. I intend to
release draft texts in these areas as soon as possible after modalities are
achieved. With respect to the nature of these coming texts, it is clear to
me that we need to move from the Chair's texts to Draft texts which will
have to describe a gradually emerging consensus. This is for the following
reasons. First, few if any delegations believe that my first Chair's texts
struck a proper balance. Second, little if any progress has been made since
I tabled those texts to find an alternative balance around which Members
could converge. Third, it seems to me that Members at this stage would
prefer that I pursue a bottom-up approach and that I adequately reflect the
actual negotiations among Members. I should therefore start providing draft
legal language in those areas where we could find consensus and in areas
where convergence could be potentially achieved. This is the only way to
provide all delegations with the assurances they need that their positions
are not prejudiced by revised texts. Thus, it should not be expected that my
new texts will offer any magic solutions in the many areas where Members'
positions differ dramatically and where the alternatives remain as
delegations originally tabled them, i.e., very far apart.
With respect to fisheries subsidies, the situation is more complex and the
problem is of a different nature. While progress on fisheries subsidies is
of course no less urgent or important than that on anti-dumping and
horizontal subsidies, in this area we have no pre-existing GATT/WTO
agreements to which we can revert and the differences among delegations go
to the very concepts and structure of the rules. Here, we are faced with
fundamental challenges, including how we can develop rules that are
effective in disciplining subsidies that contribute to overcapacity and
over-fishing, while formulating special and differential treatment that
addresses the very real concerns of developing Members with respect to
development priorities, poverty reduction, and livelihood and food security
concerns, including for millions of small fishers. These legitimate concerns
can only be heightened by the current crisis of surging food prices. I
believe that further discussion is necessary to provide the essential input
I require for a forthcoming revision of my text on fisheries subsidies that
could meet these two important objectives. As a tool to facilitate those
discussions, I expect to table a specific “road map” (i.e. a paper
identifying the key questions we need to address in order to reconcile the
approaches). I will do this at the same time as I circulate revised texts on
anti-dumping and horizontal subsidies, as it is important that all areas of
our mandate continue to move forward together.
In terms of our work programme, I intend to convoke a series of very
intensive meetings starting in early September. I would expect to begin with
a two-week session on fisheries subsidies, in order to gain the input
mentioned above, before turning later in the month to anti-dumping and
horizontal subsidies. Thereafter we will need to meet on a regular and in
fact nearly continuous basis throughout the fall as we seek to develop the
basis for further revised texts. This is in my view the best way to ensure
that we will have Rules texts reflecting the greatest convergence possible
for inclusion in the final comprehensive package of results for the Round
whenever required. In my Report to the Trade Negotiations Committee at the
end of this month I will provide all necessary precision concerning the
timing and organization of our intensive work after the summer break.
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