| Doha Round WTO Negotiations - July 2007 |
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Committee on Agriculture Special Session DRAFT MODALITIES FOR AGRICULTURE It is in the form (roughly but not entirely) of a draft text. It is, therefore, inevitably a technical ‑ looking document. For that reason, it is still not an easy read to the layperson. It has to be like that. To anyone that cares to compare it with the original draft, it represents considerable progress in my view. But there is a reason for that. Despite all the setbacks, failures and deadlocks that we have experienced over the past year, the underlying fact remains that under the surface very considerable progress has been made on all areas of this negotiation since that last draft. There are, in fact, relatively few square brackets now. They remain in places, but they are now narrowed down to what I would consider to be the essentials - either in the form of a relatively narrow range within which we need to (and in my view we can) settle, or on a precise number which, albeit not agreed, I think could serve as a reasonable target in the circumstances we now find ourselves in. The negotiating linkages that they imply are there for all who have eyes to see (not that everything is crudely linked, although I will confess that one pair of numbers that appears to be similar in two separate parts of the text is not coincidentally or randomly so, at least to my mind).
Of course, this is my effort as Chair at providing a revised draft text based on what I am hearing from Members in the multilateral process. It doesn't represent precise pre-agreement from the Membership to what is in there: that agreement is something that can come only from you as Members. But precisely in order to optimize our chances for getting to that agreement, I am taking the initiative of providing something that you can, hopefully, work off and refine from here on in. I know very well that Members have vastly varied and contradictory positions. But all Members know that any agreement requires compromise. And that can only be achieved by movement from established and preferred positions. Sometimes – and I have had the clear sense from Members that now is precisely such a time – that can be galvanised by having an independent third party express a view on the scope for compromise that no Member can quite bring themselves to articulate. I would have to say that, even had that not been the case, there comes a moment (and this is just such a moment) when the time for cutting to the chase is in fact upon us, and no other option is available.
Either way, this needs to be done. We have frankly exhausted all other avenues and the prospect of failure is, as a consequence, now so familiar to us that it can almost present itself seductively to us as our friend. We owe it to ourselves to at least now make the effort for a sustained and serious multilateral engagement on the basis of a working document.
I feel that this is all the more so incumbent upon us when in fact we have over the past period actually made very serious and valuable progress. So, above all, I would hope that what the revised draft text does is to demonstrate, as fairly and as adequately as I can find it in my powers to express it as Chair, just what is potentially on offer as we move into what could be -with the right political will - a serious closing zone for this negotiation. It should underline just how relatively narrow the differences are now. Of course, as is always the case, that the last effort is always the most difficult even if it is a relatively narrow difference that remains to be bridged. But it is essential to emphasise that we can still do this if we give the genuinely multilateral process a fair chance.
As a textual document, it is not an appropriate place to editorialise within it on the political and commercial issues at stake in those remaining zones for decision in the way that has been done, for instance, in the challenges papers or the earlier reference papers. They have served their purpose. This is now where, as it were, the rubber hits the road. Suffice it to say that this document is intended to take everyone out of their comfort zones. That has to happen if we are ever to get an agreement. Some of those narrow ranges or target numbers or technical draft text will be very painful, for sure. But that pain will be required to get agreement. I have done my level best to ensure that at least that pain is spread in a reasonably balanced way within the terms of the framework. Where there are narrow ranges, there is still in my view a bit of room (but not much to be sure) for some crucial negotiating to be done (and you should not just breezily assume that I am implying in each and every case that all that is needed is to split the difference). In some areas I have not shrunk from acknowledging that we are further apart, and I have not proposed precise drafting. To have done so would have been arbitrary or artificial. I would of course have preferred to have a document with the same level of precision on everything, but the variability of precision reflects the reality of where we are. But nor would it have been responsible to deliberately understate my sense of where we can in fact get to a large range of issues just because some have not yet got to that level on some others. Of course it is clear that nothing can or will be finalised until we get to the point where everything is developed to the same level of specificity.
Indeed, the document cannot foist anything on anyone. It is there to be worked on by you as Members. Any ultimate agreement is under your control- not mine. As Don and I have made clear, we are not presenting our texts as some kind of tablets of stone descended from on high - and even if we did, you as Members would hardly treat them that way in any case. I am certain that you will make clear which numbers or which parts of the draft you reject or wish to amend. I am pretty sure, in fact, that I can guess now the interventions of many of you in advance on nearly all of the issues! That is exactly as it should be. But the crucial thing is to be working off a reference point to make subsequent progress rather than multiple options. So, this revision is intended to be the next step in the process. We set to intensive work on this in September and we take as long as it takes. And there will be an inevitable revision after that intensive process.
I can conclude only by reconfirming to you all that I remain committed to facilitating convergence in every way possible in the little time remaining to us.
Yours sincerely
Ambassador Crawford Falconer Chairman Committee on Agriculture, Special Session DRAFT POSSIBLE MODALITIES ON AGRICULTURE I. Domestic SupportA. Overall Reduction of Trade-Distorting Domestic Support: A Tiered FormulaBase level1. The Base Overall Trade-Distorting Domestic Support shall be the sum of (i) the Final Bound Total AMS as defined in Article 1(h) of the Agreement on Agriculture plus (ii) 10% of value of production in the 1995-2000 base period (this being composed of 5% of VOP for product specific and non-product specific AMS respectively; plus (iii) the higher of existing average Blue Box payments, or 5 per cent of the average total value of agricultural production, in the 1995-2000 base period; Tiered reduction formula2. The base level of Overall Trade-Distorting Domestic Support shall be reduced in accordance with the following tiered formula: (a) Where the base level of Overall Trade-Distorting Domestic Support is greater than US$60 billion, or the equivalent in the monetary terms in which the binding is expressed, the reduction shall be [75][85] per cent; (b) Where the base level of Overall Trade-Distorting Domestic Support is greater than US$10 billion and less than or equal to US$60 billion, or the equivalents in the monetary terms in which the binding is expressed, the reduction shall be [66][73] per cent; 3. Developed country Members with high relative levels of OTDS in the second tier (at least 40 per cent of the total value of agricultural production) shall undertake an additional effort. The additional reduction to be undertaken shall be equal to the one half of the difference in the reduction rate between the second tier and the top tier. 4. Small low income recently acceded Members with economies in transition will not be required to undertake reductions in OTDS. Implementation period and staging5. As the first instalment of the overall reduction, in the first year and throughout the implementation period, the sum of all trade-distorting support shall not exceed 80 per cent of the base level of Overall Trade-Distorting Domestic Support. The remaining reductions shall be implemented in equal steps to the end of the implementation period. Special and differential treatment
6.
Developing country Members with no AMS Commitments
shall not be required to make commitments on reductions in
Overall Trade-Distorting Domestic Support. 8. NFIDC’s listed in document G/AG/5/Rev.8 shall be exempt from reduction commitments. 9. As the first instalment of the overall cut, in the first year and throughout the implementation period, the sum of all trade-distorting support shall not exceed 80 per cent of the base level of Overall Trade-Distorting Domestic Support. As for the second and subsequent years of implementation, the remaining reductions shall be implemented according to an implementation period that is longer than for developed country members. Other 10. Commitments relating to reductions in Overall Trade-Distorting Domestic Support shall apply as a minimum overall commitment. If necessary, a Member shall be required to make additional commitments on reductions or limits in Final Bound Total AMS, de minimis and/or Blue Box in order to achieve the appropriate reduction in Overall Trade-Distorting Domestic Support. B. Final Bound Total AMS: A Tiered FormulaTiered reduction formulaReductions in Final Bound Total AMS11. The Final Bound Total AMS shall be reduced in accordance with the following tiered formula: (a) Where the Final Bound Total AMS is greater than US$40 billion, or the equivalent in the monetary terms in which the binding is expressed, the reduction shall be [70] per cent; (b) Where the Final Bound Total AMS is greater than US$15 billion and less than or equal to US$40 billion, or the equivalents in the monetary terms in which the binding is expressed, the reduction shall be [60] per cent; (c) Where the Final Bound Total AMS is less than or equal to US$15 billion, or the equivalent in the monetary terms in which the binding is expressed, the rate of reduction shall be [45] per cent. 12. Developed country Members with high relative levels of Final Bound Total AMS (at least 40 per cent of the total value of agricultural production) shall undertake an additional effort. Where the Member concerned is in the second tier, the additional reduction to be undertaken shall be equal to the difference in the reduction rate between the second tier and the top tier. Where the Member concerned is in the bottom tier, the additional reduction to be undertaken shall be one half of the difference in the reduction rate between the first tier and the second tier. 13. Small low income recently acceded Members with economies in transition will not be required to undertake reductions in final bound total AMS. In the case of such Members, investment subsidies and input subsidies generally available to agriculture, interest subsidies to reduce the costs of financing as well as grants to cover debt repayment shall be exempted from domestic support AMS commitments. Implementation period and staging14. The reductions in Final Bound Total AMS shall be implemented in equal annual instalments. Special and differential treatment15. The reduction in Final Bound Total AMS applicable to developing country Members with Final Bound Total AMS commitments shall be two thirds of the reduction applicable for developed country Members. The reductions in Final Bound Total AMS shall be implemented in equal annual instalments with a longer implementation period than for developed country Members. 16. NFIDC’s listed in document G/AG/5/Rev.8 shall be exempt from AMS reduction commitments. 17. Developing country Members shall have continued access to the provisions of Article 6.2 of the Agreement on Agriculture. Other18. As provided for under Article 18.4 of the Agreement on Agriculture, cases of extraordinary situations shall be dealt with separately and on a pragmatic case-by-case basis. C. Product-Specific AMS CapsGeneral 19. Product-specific AMS limits shall be set out in the Schedule of the Member concerned. 20. Article 6.3 of the Agreement on Agriculture shall be amended to reflect the modalities with respect to product-specific AMS caps by the addition of the following: Ad Article 6.3:
A Member shall not exceed the product-specific AMS limits specified in its Schedule.
21. The product-specific AMS limits specified in each Member's Schedule shall be the average applied during the Uruguay Round implementation period (1995-2000). 22. For the United States, the product specific AMS limits will be the resultant of applying the average distribution of product specific support in the [1995-2004] period to the Uruguay Round implementation period (1995-2000) total AMS. 23. Where a Member has introduced product specific AMS support above de minimis after the base period, the base period for that product shall be the most recent two notified post base period years. 24. In cases where a product-specific AMS during the base period was below the de minimis level the Current AMS for such products shall not exceed the [current][new] de minimis level 25. Product-specific AMS caps shall be implemented in equal annual instalments in the implementation period. Special and differential treatment26. In the case of developing country Members, the Current AMS for individual products shall not exceed the respective levels established by one of the following methods: (a) the average applied levels during the base period 1995 to 2000 or 1995 to 2004, as may be selected by the Member concerned; or (b) two times the Member's product-specific de minimis level; or (c) 20 per cent of the Annual Bound Total AMS in any year. D. De MinimisReductions27. The de minimis levels pursuant to Article 6.4(a) of the Agreement on Agriculture shall be reduced by at least [50] [60] per cent and by a greater amount if that would be required to adjust to the rate of cut of Overall Trade-Distorting Domestic Support. 28. Recently acceded small low income Members with economies in transition will not be required to make cuts in de minimis. 29. The new de minimis levels shall [be effective from the beginning of the implementation period][be phased in through equal annual instalments over the implementation period]. Special and differential treatment30. Developing country Members with: (a) No AMS commitments; or (b) AMS commitments, but that allocate almost all that support for subsistence and resource-poor farmers; or (c) NFIDC’s listed in document G/AG/5/Rev.8 (d) shall be exempt from reductions in de minimis. 31. For other developing country Members with AMS commitments, the de minimis levels pursuant to Article 6.4(b) of the Agreement on Agriculture shall be two thirds of the reduction for developed country Members with any such additional amount as would be required to adjust to the rate of cut of Overall Trade-Distorting Domestic Support if that is greater. In the case of developing country RAMs with AMS commitments, an allowance of a further five percentage points will be made. For all these Members, the new de minimis levels shall be phased in over a longer period than for developed country Members. E. Blue BoxBasic criteria32. Subject to the additional criteria set out below Article 6.5 shall be amended as follows: Article 6.5 The value of the following direct payments shall be excluded from a Member's calculation of its Current Total AMS: (a) Direct payments under production-limiting programmes if: (i) such payments are based on fixed and unchanging areas and yields; or (ii) such payments are made on 85 per cent or less of a fixed and unchanging base level of production; or (iii) livestock payments are made on a fixed and unchanging number of head. Or (b) Direct payments that do not require production if: (i) such payments are based on fixed and unchanging bases and yields; or (ii) livestock payments made on a fixed and unchanging number of head; and (iii) such payments are made on 85 per cent or less of a fixed and unchanging base level of production. Additional criteriaBlue Box cap33. In addition to the criteria set out in the paragraph immediately above, a Member shall not provide support under Article 6.5 in excess of the amount as determined below. This will be expressed consistently in the value-specific commitments set out in that Member's Schedule. 34. The maximum permitted value of support under Article 6.5 shall not exceed 2.5 per cent of the average total value of agricultural production during the base period. This limit will apply from the commencement of the implementation period. 35. In cases where a Member has placed in the Blue Box an exceptionally large percentage of its trade-distorting support – defined as 40 per cent - during the base period, the percentage reduction in that support under Article 6.5(a) will equal the percentage reduction that the Member concerned will make in the Final Bound Total AMS. A short implementation period may be considered for any such Member in the event that immediate implementation is unduly burdensome. Other criteria38. An increase in Blue Box support for any individual product beyond the limitations determined under this Article shall be permissible where that amount does not exceed a corresponding and irreversible one for-one reduction in Current AMS support for the product(s) concerned (except for cotton, where that rate would be two-for-one). Where there was no Current AMS support in the base period for a particular product, an increase in Blue Box support is permissible for that product where the support concerned does not exceed 10 percent of the overall Blue Box ceiling and the overall Blue Box cap is still respected. Special and differential treatment39. For developing country Members, the maximum permitted level for the value of support under Article 6.5 shall not exceed 5 cent of the average total value of agricultural production in the base period. 40. Where a particular product accounts both for more than 25% of the total value of agricultural production and 80% of total bound AMS support during the base period, a developing country Member that chooses to switch its support from AMS to Blue for that product on a one –for –one and irreversible basis will be entitled to do so even if this would lead to exceeding the maximum permitted level provided for in the paragraph above. F.Green Box41.Annex 2 of the Agreement on Agriculture shall be amended as set out in Annex A of this document. G. Cotton: Domestic SupportReductions in Support for Cotton Production42 AMS support for cotton shall be reduced according to the following formula: 1. Rc = Rg + (100 – Rg) * 100 2. 3 * Rg Rc = Specific reduction applicable to cotton as a percentage Rg = General reduction in AMS as a percentage
43. This will be applied to the base value of support calculated as the arithmetic average of the amounts notified by Members for cotton in supporting tables DS:4 from 1995 to 2000. The Blue Box cap applicable to cotton shall amount to one third of the product-specific cap that would otherwise have been the resultant from the methodology generally applicable above. Implementation44. The reductions for trade-distorting domestic support on cotton shall be implemented over a period which is one third of the implementation period. Special and Differential Treatment45. Developing country Members with relevant AMS and Blue Box commitments for cotton otherwise applicable under the relevant provisions of this agreement shall provide a rate of reduction for cotton that is two thirds of that which would be applicable under paragraph 42 above.
46. Developing
country Members shall implement their reduction commitments
for cotton over a longer time period than for developed
country Members. II. Market AccessA. Tiered Formula for Tariff ReductionsBasis for reductions47 Subject to such other specific provisions as may be made, customs duties shall be reduced in equal annual instalments from bound duty levels[1] using the tiered formula in paragraphs (a) to 52 below. 48 In order to place bound non-ad valorem tariffs in the appropriate band of the tiered formula, Members shall follow the methodology to calculate ad valorem equivalents (AVEs), along with associated provisions, set out in Annex A to TN/AG/W/3 of 12 July 2006. Tiered Formula(a) Members shall reduce bound duties in accordance with the following tiered formula: (b) Where the bound duty or ad valorem equivalent is greater than 0 and less than or equal to 20 per cent the reduction shall be [48-52] per cent; (c) Where the bound duty or ad valorem equivalent is greater than 20 per cent and less than or equal to 50 per cent, the reduction shall be [55-60] per cent; (d) Where the bound duty or ad valorem equivalent is greater than 50 per cent and less than or equal to 75per cent, the reduction shall be [62-65] per cent; and 49 Developing country Members, other than those specified in paragraph 51 below shall reduce bound duties in accordance with the following tiered formula[2]: (a) Where the bound duty or ad valorem equivalent is greater than 0 and less than or equal to 30 per cent, the reduction shall be 2/3 of the cut for developed in the bottom band; (b) Where the bound duty or ad valorem equivalent is greater than 30 per cent and less than or equal to 80 per cent, the reduction shall be 2/3 of the cut for developed in the second band ; (c) Where the bound duty or ad valorem equivalent is greater than 80 per cent and less than or equal to 130 per cent, the reduction shall be 2/3 of the cut for developed in the third band; and (d) Where the bound duty or ad valorem equivalent is greater than 130 per cent, the reduction shall be 2/3 of the cut for developed countries in the fourth band. 50. The maximum average reduction in bound duties any developing country Member shall be required to undertake as a result of application of this formula is [36][40] per cent. Should the above formula imply an average reduction of more than that for a developing country Member, that developing country Member shall have the flexibility to apply lesser reductions applied in a proportionate manner across the bands, to keep within such an average level. 51. Small and vulnerable economies[3] will, in respect of each tier specified above for developing countries, be entitled to moderate the two-thirds cut by a further [10] ad valorem points in each band. Should strict application of this formula result in an overall average cut higher than [24] percent, the Member concerned would be entitled to apply lesser reductions at its discretion, to keep within such an average level. B. Sensitive ProductsDesignationTreatment - Tariff Cut55. Developed Members may deviate from the otherwise applicable reduction in bound duties on products designated as Sensitive. This deviation may be at a minimum of one third and a maximum of two-thirds of the reduction that would otherwise have been required by the tiered formula. 56 Developing country Members shall have the right to reduce bound duties on products designated as Sensitive by no less than two-thirds of the reduction that would otherwise have been required by the tiered formula. Tariff Quota Expansion57. Tariff quotas arrived at through use of the sensitive products provision pursuant to paragraph – above and paragraphs 53 and 54 above and 58 to 63 below shall, for developed Members, result in new access opportunities equivalent to no less than [4][6] percent of domestic consumption expressed in terms of physical units where the maximum deviation of two-thirds is used. Where the minimum deviation of one-third is used, the new access opportunities shall be no less than [3] [5] percent. 59. Where, for the top two bands, MFN imports are already occurring at an amount in excess of 50% of those entering under existing tariff rate quotas (and those tariff rate quotas are already providing for at least 2% of domestic consumption) and the minimum deviation is used, the TRQ expansion obligation may be moderated (reduced) by one quarter. For the bottom two bands, where such conditions apply, it may be moderated (reduced) by one fifth. 60. Where imports under an existing bound tariff quota already represent 10 per cent or more of domestic consumption and the minimum deviation is used, the expansion in the tariff quota under above need not be more than [2.5][3.5] percent. Where those imports are at 20 per cent or more of domestic consumption, the expansion need not be more than [2] [3] percent. 61 Where, as a result of the new tariff reductions undertaken in this negotiation, a Member finds that imports over the reduced MFN tariff have increased by an amount that is more than [two][three] times the increase in the new TRQ commitment expressed in terms of percentage of domestic consumption, the new TRQ commitment may be reduced by up to one half. This provision will not, however, be applicable in any case where there is any other WTO consistent measures raising or supplementing the MFN tariff, in place. 62. For developing country Members, the tariff quotas shall be two thirds of the amount for developed. For developing country Members, domestic consumption shall not include self-consumption of subsistence production. 63. Expansion of the tariff quota for a Sensitive Product shall be on a most-favoured-nation basis only. C. Other IssuesTariff escalation64.The fact is that we are not in a zone where we can yet define the central issues in a way that facilitates imminent decision. We have made only small progress on this, despite, latterly, some genuine engagement. Clearly we cannot close this negotiation nor have a final text without bringing this issue to resolution also. But there is nothing to be gained by pretending we have a close basis for agreement when we do not. This issue requires even more intensive work than some other areas before we can revise this draft text. We have to do that, and precisely in order to emphasise that need, I am not going to invent something artificial to act as nothing more than a fig leaf. At most there are certain points I would emphasise. 65. First, I stand by the tenor of my remarks in the Challenges paper. The subsequent informal discussions seemed to me to reinforce that impression. 66. Second, the mandate cannot be ignored or brushed under the carpet, so there is no escaping the fact that we need to address the issue and achieve an outcome. 67. Third, the issue is of interest to a number of Members, but more particularly so for developing country Members and those of them that have strong interests in commodities and tropical products – which of course have particular mandates of their own, serving only to reinforce the necessity of dealing with this. 68. Fourth, we do have particular proposals on the table, and we need to deal with these in a constructive spirit. My sense is that such proposals are too far-reaching in their present form and will not command agreement in their entirety. They cannot in that sense constitute a “basis” in any formal sense for our work, but our work should use them (non-exclusively) in the near term to help focus the discussion. 69. Fifth, we also have to be realistic about this in the overall context. By this I do not mean that we should neglect the issue, but that we need to have a practical and realistic recognition of what is the clear political reality that the primary driver of tariff liberalisation will be the tiered formula, and there is no prospect of this specific element being seen to become some kind of de facto dominant modality that would “trump” the main formula in any general sense. It will have a part to play in supplementing the formula in certain situations, but it will be a part. 70. Sixth, I would suggest we keep a focus on cases of this which are what I would say demonstrable and quantifiable. That way we may be less likely to get lost in abstract chains of value added which may be more theoretical than real but, be that as it may, will be impracticable to deal with through the relatively rough and ready instruments of tariff-cutting that we have to hand. 71. Seventh, we should perhaps think about some kind of de facto threshold benchmark for priority attention. In other words find a proxy measure for cases that are more egregious rather than go looking for each and every case – actual or potential – that might exist mathematically. If that was the case we could orient ourselves by some kind of minimum spread concept e.g. measured by how wide the spread is in ad valorem terms. Commodities72. In the event that adverse effects of tariff escalation were not to be eliminated via the tiered formula for reductions in bound duties and such specific measures on tariff escalation as are provided for, Members shall engage with commodity dependent producing country Members to ensure satisfactory solutions. 73. Consistent with this, the following approach shall be applicable: (a) Commodity dependent developing countries, individually or as a group, shall identify and present products of interest to them for purposes of addressing tariff escalation to be adopted as part of the modalities. In doing so, they will indicate the match of products on which tariff escalation should be addressed. (b) Developed countries and developing countries in a position to do so will undertake tariff escalation reductions in the identified products. (c) At the end of the implementation period, the difference between the identified primary and processed products shall not exceed [x] percentage points. For this purpose, all non-ad valorem tariffs on the products identified by developing countries shall be bound in ad valorem. 74. Provision shall be made also for suitable procedures for negotiations on the elimination of non-tariff measures affecting trade in commodities. 75. Provision will be made to ensure the possibility that Members may take joint action through adoption of suitable measures, including through adoption of intergovernmental commodity agreements, for stabilization of prices for exports of agricultural commodities at levels that are stable, equitable and remunerative. 76. Action for negotiations and adoption of intergovernmental commodity agreements in pursuance of the provisions of the paragraph above may be taken either jointly by producing and consuming countries or by commodity dependent producing countries only. 77. Such intergovernmental commodity agreements may be negotiated and adopted by the countries themselves, or adopted after negotiations undertaken under the auspices of the WTO, UNCTAD or international commodity organizations. 78. Intergovernmental commodity agreements may be negotiated and adopted on an international or regional basis. 79. Such agreements may provide for participation of association of producers. 82. Financial resources required by the international trade and other organizations for providing technical assistance in accordance with the provisions of paragraphs 80 and 81 above shall be monitored through the mechanism established in WTO for administering Aid for Trade. Tariff simplification83. All bound duties on agricultural products shall be expressed as simple ad valorem [or specific and compound] duties no later than the end of the implementation period. In any case, no tariff may be bound in a form more complex than the current binding. Highly complex forms of bound duties, such as complex matrix tariffs, shall be eliminated or at least simplified in a transparent and verifiable way. In all cases of simplification, Members shall supply supporting data with their draft schedules (or in the Committee on Agriculture in any cases where this occurs after commencement of implementation) that demonstrates that the simplified bound duty is representative of the original more complex duty. Tariff quotasBound in-quota duties84. This remains to be precisely negotiated. I would propose the following by way of orientation: |