- home
- trade topics
- agriculture
- negotiations
- chairperson’s texts 2008
- revised draft modalities
AGRICULTURE: NEGOTIATIONS
Unofficial guide to the 8 February 2008 ‘revised draft modalities? Corrected 5 March 2008
The main purpose of this note is to walk you
through the revised draft text circulated by Ambassador Crawford
Falconer, chairperson of the agriculture negotiations, on 8 February
2008.
It summarizes the main points of the text and indicates where changes
have been made compared with the previous draft circulated in July
2007.
Because this note is simplified you should consult the original for a
more complete and precise picture.
> Revised
draft modalities for agriculture (8 February 2008)
> What
are “modalities?
Chairperson
Crawford Falconer’s press conference (mp3 audio) > help
> Original
mandate:
Article 20
> The Doha mandate
> The Doha mandate explained
NOTE: THIS UNOFFICIAL EXPLANATION HAS BEEN PREPARED BY THE INFORMATION AND MEDIA RELATIONS DIVISION OF THE WTO SECRETARIAT TO HELP THE PUBLIC UNDERSTAND THE AGRICULTURE NEGOTIATIONS. IT IS NOT AN OFFICIAL SUMMARY OF THE TEXT.
See also:
> Negotiations gateway
> 2004 agreed framework
> 2005 Hong Kong Ministerial Declaration
> More on the
modalities phase
Need help on downloading?
> Find help here
For starters
-
No surprises.
As with previous drafts, this one is painstakingly built up from ideas discussed in the negotiations, alternating with working documents. It reflects the latest thinking among negotiators and the chairperson. Because this is a gradual process built on members?evolving positions (ie, a “bottom up?process), including some 150 hours of talks since September and 16 working documents, there are no surprises. -
That still means a lot of progress. Reports that the text shows no progress miss the point. All along, the objective has been to whittle down the outstanding issues to a manageable few. These can then be discussed politically, and in comparison with other subjects, particularly non-agricultural market access (NAMA).
In that sense, a tremendous amount of progress has been made since September, clarifying the issues, refining the approach so that it is technically and legally more appropriate, identifying answers to questions posed by the chairperson in his earlier draft, and sorting out a wide range of flexibilities ?for over one-third of WTO members, including around 45 small and vulnerable economies, and different groups of countries that recently joined the WTO (the “recently-acceded members?or RAMs).
The text is now comprehensive across all three agricultural pillars (domestic support, market access and export subsidies/competition).
That is why there are no changes in the numbers in the main formulas. Since discussions on the previous draft began in September 2007, it was clear that they would be tackled later. As it turns out, the role of the formulas has changed somewhat. -
There’s more to it than formulas. Sorting out other issues has taken some pressure off the big numbers.
1. The formulas remain unchanged, but the options are already quite narrow (see for example the explanation of the tariff cutting formula). For export subsidies, which will be eliminated, the remaining question on the “formula?is only about annual steps for cutting subsidized quantities in order to reach zero. So, for example some negotiators have argued that the major issue in market access for them is no longer the formula, but the selection and treatment of sensitive products. Here, the negotiations have seen considerable progress even though differences remain on what is a highly technical subject ?but one with real commercial impact involving important traded products.
2. The large amount of new detail on flexibilities for developing countries, including provisions for small and vulnerable economies and recent new members, has also taken a lot of pressure off the main tariff reduction formula. -
That said, the formulas are still important for countries and products where the formulas will apply, and because many flexibilities take the form of deviations from the formulas. Hard bargaining still remains, on the numbers, tariff quotas for sensitive products, special products, some disciplines for domestic support of the type that does not distort trade (the Green Box), etc. The difference is that the options are now simpler, more manageable, and less muddied by technical complexity.
HighlightsNumbers in the draft tend to be in square brackets (indicating they are still to be negotiated) and in some cases the text offers ranges (e.g. tariffs) or alternatives (e.g. domestic support). Terms used in this box are explained in the longer summary. Domestic support
Market access
Export competition
|
Details ?p class="subtitlecolourtext" align="center"> Domestic Support
Background explanation: Cutting trade-distorting domestic support would operate simultaneously through several layers of constraints. Each category of supports would be cut or limited:
-
Amber Box (the most distorting, with direct links to prices and production, officially aggregate measurement of support or AMS)
-
De minimis (Amber Box but in smaller or minimal amounts)
-
Blue Box (less distorting because of conditions attached to the support)
Second, for each of these, there would also be some constraints on
support for each product (“product-specific?.
Third, on top of that would be cuts in the permitted amounts of all
three combined:
-
“Overall trade-distorting domestic support?(OTDS)
(News reports of some countries being asked to cut their supports to
$X billion are referring only to that last “overall?discipline.)
In the 2007 and
2008 revised drafts: The cuts
would be achieved by two methods:
1. Tiered formulas. Like the tariff formula, the formulas for
the Amber Box and overall distorting support are also
expressed as “tiers?with supports in the highest tier having the
steepest percentage cuts. However, it is not products but the
countries themselves that go into the tiers, since the support figures
are aggregates for the whole of agriculture.
2. Caps (or cuts resulting in caps). For de minimis, Blue
Box and support for individual products.
Overall trade-distorting domestic
support
(Amber
+ de minimis + Blue)
(Cuts made from figures for base period of 1995?000 ?paragraph 1)
(Par.3) (Unchanged from 2007 draft)
-
Highest tier (above $60bn, i.e. EU), cut by 75% or 85%.
(EU’s current ceiling is estimated at €110.3bn = approx $151.93bn. Cut would bring the ceiling down to €27.6bn or €16.5bn) -
Middle tier ($10bn?60bn, i.e. US, Japan), cut by 66% or 73%
(US’s current ceiling is estimated at $48.2bn. Cut would bring the ceiling down to $16.4bn or $13bn)
(Japan would make a bigger effort because it’s overall support is more than 40% of the value of its agricultural production ?a cut halfway between the cuts of the top and second tiers ?Par.4) -
Lower tier (below $10bn. i.e. all others), cut by 50% or 60%
New in 2008 draft: 33.3% is cut from the start of the implementation
period (a “downpayment? for the top three subsidizers (ie, EU, US and
Japan); 25% for other developed countries (previously 20% for all)
(Par.5)
Implementation: 5 years for
developed countries, 8 years for developing; equal annual steps
(Pars.5, 8).
Base level: the starting point
for the percentage cuts. This is needed because the concept of
“overall trade-distorting domestic support?is new, because there is a
new type of Blue Box programme, and because previously there were no
limits on Blue Box payments. New in this draft: when countries make no
cuts, they have to stay within the base level (except least-developed
countries) (Par.10).
The base level for developed countries = Amber Box commitment ceiling
+ non-product-specific de minimis ceiling (5% of production for
developed countries, 10% for developing) + total of product-specific
de minimis ceiling (sum total of 5% of production of each product for
developed, 10% for developing) + actual Blue Box payment or 5% of
production (if higher). (Par.1) (Unchanged from 2007 draft)
(Therefore, for some developed countries, the base level = Amber Box
commitment + 15% of production)
Developing countries. Those
with Amber Box commitments: cut by two-thirds of the formula cut.
(Par.7) Those without Amber Box commitments and net-food-importing
countries would make no reductions. (Par.6) (Unchanged)
Recent new members. New
members who joined very recently (Saudi Arabia, the former Yugoslav Republic of Macedonia, Viet
Nam) and those with low incomes in transition (Albania, Armenia,
Georgia, Kyrgyz Rep, Moldova) make no cuts. Others make two-thirds of
the normal cut. (Par.9) (More detail. Two-thirds cut is new)
Amber Box (i.e. final bound
total AMS)
(Par.13) (Unchanged)
-
Highest tier (above $40bn, i.e. EU), cut by 70%.
(EU’s current ceiling is €67.16bn = approx $92.5bn. Cut would bring ceiling down to €20.1bn) -
Middle tier ($15bn?40bn, i.e. US, Japan), cut by 60%
(US’s current ceiling is $19.1bn; down to $7.6bn after cut.) -
Lower tier (below $15bn. i.e. all others), cut by 45%
Japan would make the top tier cut, effectively putting it in the top
tier. Other developed countries whose Amber Box support is more than
40% of the value of their agricultural production would also make a
bigger cut, i.e. a cut halfway between the cut of their tier and the
tier above. (Par.14) (Also unchanged)
Downpayment New: The top three
subsidizers (ie, EU, US and Japan) to cut 25% from the start. (Par.15)
Unchanged: aAll other cuts are equal annual steps over five years
(eight for developing countries). (Par.15)
Various developing countries
would make two-thirds of the normal cut or be exempt cuts, and would
continue to be allowed some types of support. (Pars. 16?8)
(Unchanged)
Recent new members. New
members who joined very recently (Saudi Arabia, the former Yugoslav Republic of Macedonia, Viet
Nam) and those with low incomes in transition (Albania, Armenia,
Georgia, Kyrgyz Rep, Moldova) would make no cuts. Some would be
allowed to exclude investment subsidies from Amber Box calculations.
Some would make two-thirds of the normal cut. (Par.19) (More detail.
Two-thirds cut is new)
Amber box support for individual
products would be limited to no more than the amounts actually
provided on average in 1995?000 (with some variation for developing
countries). The calculation for the US would be based on total Amber
Box support for that period but shared among individual products
according to the average share over the years 1995?004. Some
additional adjustments would be made for special situations.
Developing countries would be allowed to choose from three options.
(Pars.21?9) (Largely unchanged, with some revised details on special
situations and legal provisions)
De minimis
(Amber Box supports in small, minimal or negligible amounts, currently limited to 5% of production in developed countries, 10% in developing)
-
Developed countries: cut by 50% or 60% (i.e. cap at 2.5% or 2% of the value of production, from the current 5%) (Par.30) (Unchanged)
-
Developing countries with Amber Box commitments: cut two-thirds of the above cuts (from the current 10% of the value of production). Totally exempt: if almost all is for “subsistence and resource-poor farmers? or the country is a net food importer. (Pars.31?2) (Unchanged)
-
Recent new members: no cuts for those who joined very recently and some with low incomes (Saudi Arabia, the former Yugoslav Republic of Macedonia, Viet Nam; Albania, Armenia, Georgia, Kyrgyz Rep, Moldova). Others make at least one-third of the standard cut. (Par.33) (Unchanged)
Blue Box
New type. (The present Blue
Box is essentially Amber Box support but with production limits so
that over-production is curbed.) The Agriculture Agreement would be
amended to add a new type of Blue Box based on payments that do not
require production but are based on a fixed amount of production in
the past (eg, for US “countercyclical payments?. (Par.35)
(Unchanged).
New in the 2008 draft: a country would have to decide which type of
Blue Box to use. It would normally only use one type for all products
and this would not change. Any exceptions would have to be approved
now (when “schedules?of commitments are agreed). In any case, any
product can only receive one type of Blue Box support. (Par. 36?7)
Limit (unchanged except for
some details): 2.5% of the value of production during the base period
(Par.38). More is allowed for some countries (such as Norway)
that now use a lot of Blue Box support as they reform their support by
shifting away from the more distorting Amber Box ?if the Blue Box
support is more than 40% of trade-distorting support, it is cut by the
same percentage as the Amber Box cut, in up to two years (Par 39).
Developing countries: 5% of the value of production, with
flexibility for some special circumstances. (Pars.49?1) Recent new
members: 5% of the value of production, with some flexibility over
the base period. (Par.52)
Other criteria: The 2008 texts
spells out in greater detail how limits would also be imposed on Blue
Box support for each products. Generally the limits are the
average spent in 1995?000, with adjustments if there are gaps in
spending in some years. For the US, the limits are 10% or 20% more
than estimates of maximums under the 2002 Farm Bill. Various
provisions deal with a range of situations, including the possibility
of going above Blue Box limits per product if an equivalent reduction
is made in the Amber Box limits for that product. (Pars.40?8) (Some
new)
Green box
(Ie, support that does not distort production or prices or causes
minimal distortion.) The Agriculture Agreement’s provisions (its Annex
2) would be amended to allow more development programmes by developing
countries and to tighten criteria for developed countries (e.g. on
decoupled income support). Remaining issues include the question of
“fixed and unchanging?base periods for income support, structural
adjustment and regional assistance programmes; and possible revision
of conditions for developing countries?food stockpiling purchases at
prices that are higher than the market.
In order to ensure Green Box programmes are genuinely “green?(i.e.
non-distorting), transparency, monitoring and surveillance would be
enhanced. (Annex B) (Some modification)
Cotton
Trade-distorting domestic support for cotton would be cut by more than
for the rest of the sector. The text includes a formula reflecting
this, based on a formula proposed by the “Cotton Four?African
countries in 2006. (Par.55) (Unchanged)
Mathematically, the formula says that if a country’s general Amber Box
cut is “Rg? then, the percentage cut for cotton = Rg +
((100-Rg)x100)/3xRg
Eg, if the US Amber Box reduction is 60%, as above, then its cut in
Amber Box support for cotton would be 82.2% i.e. (60+(40x100/180))%.
That is unchanged and remains unsettled.
Blue Box support for cotton would be capped at one-third of what would
be the normal limit (Par.56). (Unchanged)
Developing countries with Amber and Blue Box commitments would make
two-thirds of developed country cuts for cotton and over a longer time
period (Pars.58 and 59). (Unchanged)
Tariff reduction formula: the bottom
line
The tiered reduction formula is the main approach for cutting
tariffs (from ceilings legally bound in the WTO). Products are
categorized by the height of the starting bound tariff (Year 0 in the
charts below). Products in higher tiers have steeper cuts. Eventually
a single percentage cut will be negotiated for use in each tier: the
present text contains ranges of possibilities (eg, 66%?3% in the top
tier for developed countries).
In the 2008 text, the numbers remain unchanged (for details see charts
on next page). For developing countries, the standard cuts in each
tier would be two-thirds of the equivalent cut for developed
countries. The numbers in the formulas are among the narrower set of
more political issues that will probably only be settled later when
compared with non-agricultural market access and possibly other
issues, and the negotiations go to a more political level.
However, the general tiered formula will not apply to all products.
Some flexibility is spelt out for some products (details below),
including those that are politically “sensitive?and those that are
“special?because they affect food security, livelihood security and
rural development in poorer countries.
Developing countries have more exceptions, particularly the smallest
and most vulnerable among them ?the text lists around 45 small and
vulnerable economies, meaning that over half of developing
countries that are not least-developed would be eligible for even
smaller reductions (Annex I). Least-developed countries and some
recent new members will not have to make any cuts (Pars.145?).
The charts (below) are only provided to illustrate how the
formula works and to allow developed and developing countries?cuts to
be compared. The solid lines compare developed and developing
countries?cuts from starting tariffs that are mid-points in the
developed countries?lower three tiers and arbitrarily 100% in their
top tier. The dotted lines show cuts from mid-tier or 150% in the top
tier, for developing countries.
The charts show that in each case the maximum and minimum cuts
suggested by the ranges do not produce very different results,
particularly in the lower tiers. Eg, for developed countries a 10%
tariff would be cut to 4.8%?.2%; for developing countries to
6.53%?.8%. But the cuts to be made by developing countries are
clearly less than those of developed countries. Eg, a 100% tariff
would be cut to 27%?4% in a developed country, but only to
56.7%?8.7% in a developing country.
Note that the special treatment for developing countries can
sometimes work doubly. Not only are the cuts in each tier gentler, but
many products (such as those with a 100% tariff) fall into a lower
tier in the formula (top tier for developed, upper middle tier for
developing), meaning that the cut is even gentler.
The only products that are in the same tier for both developed and
developing countries are those with tariffs above 130% (top tier),
those with tariffs of 30%?0% (lower middle tier), and those with
tariffs below 20% (bottom tier).
However, the tariff formula is by no means the whole story ?/p>
![]() |
![]() |
Top tier: tariffs above 75% ?cut
by 66-73% Subject to a minimum average cut of 54%. If the formula gives a smaller average, then additional reductions would be made. (Pars.62-63) |
Top tier: tariffs above 130% ?cut
by 44?8.7% Plus a maximum average cut of 36%. If the average is more than that, the cut by the formula can be reduced. (Par.64?5) |
Flexibilities in brief: deviations and exemptions from the bottom line
For developing countries these could be quite extensive, and in some cases the bottom-line formula could be the exception rather than the rule, or it could be discarded completely:
-
Sensitive products (available for all) would have smaller cuts than from the formula, but with new or expanded quotas allowing imports at lower tariffs (“tariff quotas? to provide some access to the market. Deviations would be one-third, half or two-thirds of the cut, with the quota adjusted in relation to the deviation. (More details below)
-
Maximum average cut (developing countries) ?36%. Developing countries could make smaller cuts than the formula in order to stay within that average maximum. (Par.65) (Unchanged)
-
Smaller maximum average cut (45 small and vulnerable economies) ?24% possible. This group of developing countries could choose to make even smaller cuts than the formula ?which in any case is 10 percentage points less than the normal formula for developing countries ?in order to stay within that lower average maximum cut. Any products deviating from the formula would be “special products?and some would be exempt cuts (see below). (Pars.66, 124 and Annex I) (Modified and clarified as “special products?
-
Would not have to make any tariff cuts: least-developed countries, “very recent?new members (Saudi Arabia, the former Yugoslav Republic of Macedonia, Viet Nam), small low-income recent new members (Albania, Armenia, Georgia, Kyrgyz Rep, Moldova). (Pars.67?1, 145) (Revised)
-
Smaller than formula cuts (other recent new members) ?up to 7.5 percentage points less, and no cuts on tariffs of 10% or less, starting one year after their current membership deals have been implemented fully and perhaps with two additional years to implement the new agreement. (Pars.67?1) (7.5 percentage points is new, previously 5 points)
-
Special products (developing countries) ?smaller cuts for 8%?2% or 8%?0% of products whose selection (beyond the minimum 8%) is guided by indicators (Annex F). Of these perhaps up to 6% of products would have tariffs cut by 8% or 15%, another up to 6% might have 12% or 25% cuts with possibly up to 8% of products exempt any cut. (Pars.123?25) (See above for small and vulnerable economies. Recent new members have different conditions.)
Tariff cap
No mention. However, developed countries
with more than 4% (previously 5%) of products (either only those that
are charged duty ?“dutiable??or all of them) whose tariffs end up
at levels above 100% have to provide a larger increase in tariff
quotas than they would normally (Par.76, last sentence). (Modified)
(In his 17 July 2007 press conference, Amb.Falconer described this as
an “incentive?for countries to keep their tariffs within a certain
limit. If they decide to go above the limit, then they “pay?for that
through larger market access. He also said that if he had drafted a
paper with a fixed limit or cap on tariffs, then the proposal for the
top tier of tariffs would also have been different.)
Sensitive products (all countries)
What and how many? These are
sensitive essentially for political reasons ?smaller cuts than the
formula, can be made by all members. For developed countries 4% or 6%
of products could be “sensitive?(or 6% or 8% if more than 30% of
products fall into the top tier of the formula). (Par.72)
What tariff cut? the tariff
cut would deviate from the formula cut by one-third, half or
two-thirds of the formula cut. (Par.74) (The half cut is new)
For developing countries,
one-third more (5.3% or 8%) of products (Par.73) (Unchanged). The
deviation would be the same as for developed countries. (Par.74) (New)
The payment ?some more market
access, via a “tariff quota?/span> (where quantities inside the quota
are charged lower or no duty. The out-of-quota tariff is the normal
rate determined by the reduction formula).
In return for being allowed a smaller tariff cut, developed countries
have to allow at least some quantities into their markets at a lower
tariff (inside the tariff quota, which expands if a quota already
exists). This new “access opportunity?would be 4% or 6% of domestic
consumption if the full two-thirds deviation is applied, 3.5% or 5.5%
if only half the cut is made, or 3% or 5% if the deviation is the
smaller one-third. (Par.75) (The half cut is new)
The text says countries have to provide additional access to their
markets if they have the exceptionally larger number of sensitive
products, and even more if over 5% of products end up with tariffs of
over 100% (see “tariff cap?above); but they can provide less access
if normal imports are comparatively large. The quota expansions have
to be made available to all members on equal terms
(“most-favoured-nation?. (Pars.75?7, 79) (Modified)
For developing countries the quota expansion is two-thirds of the
amounts for developed countries, and domestic consumption (see below)
does not include subsistence farmers?consumption of their own
produce. (Par.78) (Unchanged)
Complexity ?domestic consumption.
Behind these broad principles lie some highly complex questions. A
considerable amount of progress has been made in trying to resolve
different positions on these.
A major question is the extent of disaggregation for identifying
“sensitive products?and for the tariff quotas. Must a sensitive
product be a broad category such as “cheese? Or can it be “hard
cheese? or even more detailed such as “cheddar cheese? (“P(y¨¢ng)artial
designation?is the term for using subcategories or parts of
categories to identify sensitive products.)
This is a problem for two reasons. First, domestic consumption is
going to be the yardstick for new or expanded quotas, but data are not
usually available for narrow categories of products. Therefore
consumption has to be estimated using “proxies? a subject of
divergent opinions. Second, subcategories of products can be
substitutes (which means they can compete with each other), so the
distinctions are not always clear-cut.
The new text describes how this would work and includes options for a
minimum quota or quota expansion (“safety net provision?or “floor?
to cover cases where trade figures used (as “proxies? to estimate
domestic consumption are exceptionally low because of trade barriers.
(See Annex C of paper for details.)
Additional criteria and other issues
“Tariff escalation?(the
problem of higher tariffs on processed products than on raw materials,
which hinders processing for export in the country producing the raw
materials). Where the escalated processed product has a tariff that is
significantly above the unprocessed product (ie, by 5 percentage
points or more), it would take the cut of the tier above or if it is
already in the top tier, an additional 30% cut. Sensitive products
would be exempt, and the tropical products cut would override the
escalation cut if it is bigger. (Pars.80?6 and Annex D) (Revised.
New: Annex D ?list of potential escalation products, to be developed)
Commodities: This aims to
strengthen provisions on tariff escalation for developing countries
depending on commodity exports. It includes possibilities for
eliminating non-tariff barriers and for price stabilization.
(Pars.87?7)
Simplifying tariffs. All of
this is new. A minimum number of tariffs (perhaps 90%) would be
simplified and no others would be made more complex than they are
already. This could mean they are only ad valorem (percentages of the
price) or perhaps specific (dollars, euros etc, per tonne, litre,
etc). More complex tariffs have to be simplified, either as ad valorem
or specific duties. Options are also presented for countries with a
lot of non-ad valorem tariffs, and more technical issues such as the
method of converting tariffs to their ad valorem equivalents.
(Par.98?04)
Tariff quotas (where a higher
tariff is charged on quantities outside the quota, and a lower or zero
duty for quantities inside. The out-of-quota tariff is the normal rate
determined by the reduction formula). The new text includes some new
provisions on bound in-quota tariffs and how much they should be cut,
and whether new quotas should have zero in-quota duties. Provisions on
tariff quota administration are streamlined, now referring to the WTO
Import Licensing Agreement with additional criteria, instead of having
provisions written from scratch. (Pars.105?18) Also new, a proposed
way of monitoring tariff quotas and improving access to the market if
imports are persistently less than the quota (“underfill?. (Annex E)
Tropical and diversification products
and long-standing preferences: new provisions are designed to
accelerate liberalization of tropical products ?alternative proposals
suggest imports could be duty-free if the present tariff is no more
than 25% or 10%, otherwise having a range of cuts, depending on the
proposal. Slower liberalization for products with long-standing
preferences ?alternative proposals suggest a 10-year delay in
starting tariff cuts or simply two years longer to make the cuts.
Where the two overlap, the tropical products (and tariff escalation)
provisions could override those of preferences, except for some
products (still to be identified). (Pars.140?44, products listed in
Annexes G and H)
Safeguards
1.
Special safeguard (SSG).
Eliminate or reduce the number of products eligible for the current
“special safeguard? (This safeguard can be used on products whose
variable duties, discretionary import licensing, quotas or import bans
were converted to tariffs in the Uruguay Round, and many developing
countries gave up their right to use it because they chose to set
ceiling bindings instead of to “tariffy?) (Pars.119?22)
2.
(The
new) special safeguard mechanism (SSM). Developing
countries would be able to temporarily protect their producers by
applying the new special safeguard mechanism. Previously there was no
draft text. Now the draft proposes formulas for the mechanism, and
includes possible disciplines to avoid the safeguard being triggered
frequently and frivolously, and disciplines the increase in tariffs so
that present bound ceilings (or “P(y¨¢ng)re-Doha Round bindings? are not
exceeded. (Pars.126?39)
Least-developed countries
Least-developed countries would not have to reduce tariffs. They would also enjoy duty-free and quota-free access to developed countries?markets “on a lasting basis ?that ensures stability, security and predictability?on at least 97% of products, and for cotton products. (Pars.145?46)
Export subsidies
Eliminate by the end of 2013 (developed countries), with half cut by
the end of 2010, and options offered for cutting the subsidized
quantities in the period (unchanged). New: the elimination date for
developing countries would be 2016. (Pars.153?55)
Export credits, export credit
guarantees or insurance programmes
These would be disciplined to avoid hidden subsidies and ensure the
programmes operate on commercial terms. Proposed conditions include
limiting the repayment period to 180 days, ensuring programmes are
self-financing (ie, not making losses over a period), etc. This
revision greatly simplifies the text on self-financing: instead of
listing criteria it just refers to recovering costs “to a commercially
viable standard? over a “rolling?period of four or five years.
(Annex J)
For developing countries providing credit, the 180-day maximum
repayment term would be reached in three steps over a period, probably
three years. Least-developed and net food-importing developing
countries would be allowed 360 days to repay (previously 270 days).
Some additional flexibility in special cases would be allowed under
the supervision of the WTO Agriculture Committee. (Annex J)
Agricultural exporting state trading
enterprises
Their activities would be disciplined. A key question remains whether
monopoly power would be outlawed or just disciplined. The new text
simplifies the definition by referring to the relevant provisions in
the General Agreement on Tariffs and Trade (Art.17). It also has minor
changes to the special provisions for developing countries. (Annex K)
International food aid
As before, emergency food aid would be in a “Safe Box?with more
lenient disciplines. Emergencies would be declared by relevant
international organizations such as the UN, World Food Programme, Red
Cross, etc.
Other food aid (ie, not emergency aid) would be disciplined to prevent
the aid from displacing commercial trade, and with needs assessment,
which would be under the responsibility of a UN agency.
The revised text tidies up a lot of the legal language. It gives the
recipient government priority over all food aid operations, increases
the emphasis on needs assessment, and strengthens the UN’s final say
when NGOs assess needs. Members?continuing differences over
monetization (ie, selling donated products to raise funds for aid) is
reflected in options for disciplining the practice. It could be
permitted under certain conditions both in emergencies and in other
situations. (Annex L)
Cotton
Export subsidies would be eliminated from the start of the
implementation period. (Par.160?1)
Export prohibitions and restrictions
Disciplines would be tightened for introducing new export restrictions, with increased transparency and monitoring. (Pars.163?79)
Monitoring and surveillance
The text includes new proposals for a
flexible institutional structure based on the WTO’s regular
Agriculture Committee. It includes clearer obligations on member
governments to keep each other informed (through “notification? on
what they do under the agreement, and to set up enquiry points. The
surveillance mechanism would be reviewed every five years. (Annex M)
(The following remain in square brackets with no other text,
indicating no narrowing of opposing views.)
[Sectoral initiatives] (Duty
free trade in a particular sector)
[Differential export taxes]
(Higher export duties on raw materials than on processed products ?
the mirror image of tariff escalation)
[Geographical indications]
(Names of products ?often food ?that are identified by their origin
and characteristics)
-
Annex A: United States ?Product-Specific Blue Box Limits (left blank, to be finalized) (new)
-
Annex B: The Green Box (“Annex 2 of the Agreement on Agriculture shall be amended as follows? (modified)
-
Annex C: Basis for the Calculation of Tariff Quota Expansion (new)
-
Annex D: Tariff Escalation Provisional Potential List (to be finalized) (new)
-
Annex E: Tariff Quota Underfill Mechanism (new)
-
Annex F: Illustrative List of Indicators for the Designation of Special Products (previously blank)
-
Annex G: Proposed List of Tropical and Alternative Products and Indicative List of Tropical Products Used in the Uruguay Round) (new)
-
Annex H: Proposed Indicative List of Preference Erosion Products (new, previously analytical sample list)
-
Annex I: Small, Vulnerable Economies (unchanged)
-
Annex J: Possible New Article to Replace the Current Article 10.2 of the Agreement on Agriculture ?Export Credits, Export Credit Guarantees or Insurance Programmes (modified)
-
Annex K: Possible Article 10 bis of the Agreement on Agriculture ? Agricultural Exporting State Trading Enterprises (modified)
-
Annex L: Possible New Article 10.4 to Replace the Current Article 10.4 of the Agreement on Agriculture ?International Food Aid (modified)
-
Annex M: Monitoring and Surveillance (new)
• boxes: categories of domestic support
• Amber Box: domestic support considered to distort
production and trade, eg, by supporting prices or being
directly related to production quantities, and therefore
subject to reduction commitments. Officially, “aggregate
measurement of support” (AMS)
• de minimis: Amber Box supports in small, minimal
or negligible permitted amounts (currently limited to 5%
of the value of production in developed countries, 10% in
developing). To simplify this guide to the “modalities”,
de minimis is treated separately from the Amber box
• Blue Box: Amber Box types of support, but with
constraints on production or other conditions designed to
reduce the distortion. Currently not limited
• Green Box: domestic supports considered not to support
trade or to cause minimal distortion and therefore
permitted with no limits
• distortion: when prices are higher or lower than normal,
and when quantities produced, bought, and sold are also
higher or lower than normal — ie, than the levels that
would usually exist in a competitive market
• tiered formula: a formula where higher tariffs have
steeper cuts than lower tariffs — products with higher
tariffs are put in a higher category or tier, which has a
steeper cut than lower tiers. Also used for cutting
domestic support
• tariff quota: when quantities inside a quota are charged
lower import duty rates, than those outside (which can be
high). (The reductions from the formulas apply to
out-of-quota tariffs.)
• Tariff line: a product as defined in lists of
tariff rates. Products can be sub-divided, the level of
detail reflected in the number of digits in the Harmonized
System (HS) code use to identify the product.
• export competition: term used in these negotiations to
cover export subsidies and the “parallel” issues, which
could provide loopholes for governments’ export subsidies
— export finance (credit, guarantees and insurance),
exporting state trading enterprises, and international
food aid
> More jargon: glossary
Rather, it is an assessment drawn from WTO member governments’ positions. It is the negotiations’ chairperson’s judgement of what they might be able to agree — based on what they have proposed and debated in over seven years of negotiations and their responses to his previous papers. He has stressed that this is not final. It puts the possible areas of agreement on paper so that members can react and further revise the draft. So this paper kicks off another intensive series of meetings and comment.
How are these issues being negotiated?
In this phase of the negotiations, the hard talking on agriculture has taken place in meetings of 36–37 representative delegations, a more manageable size than sessions of the full membership. The process is controlled by meetings of the full membership and is chaired by the talks’ chairperson, Ambassador Crawford Falconer of New Zealand. The 36–37 meet in Room E at the WTO and the sessions are sometimes called “Room E” meetings. All coalitions are represented to ensure the talks are inclusive and transparent.
In January 2008 there were 37 delegations in Room E:
Argentina (Cairns Group, G-20), Australia (Cairns Group
coordinator), Benin (Cotton-4, African Group,
least-developed, Africa-Caribbean-Pacific), Brazil (G-20
coordinator, also Cairns), Canada (Cairns), Chad (Cotton-4
coordinator, also African Group, least-developed, ACP), China (G-33, G-20, recent new member), Colombia (Cairns,
tropical products group), Costa Rica (tropical products
coordinator, also Cairns), Côte d’Ivoire (African Group
coordinator, also ACP), Cuba (G-33, small and vulnerable
economies), Dominican Republic (small-vulnerable economies
coordinator, also G-33), Ecuador (tropical products,
recent new member), Egypt (G-20, African Group), EU, India (G-33, G-20), Indonesia (G-33 coordinator, also G-20,
Cairns), Jamaica (ACP coordinator, also G-33,
small-vulnerable), Japan (G-10), Kenya (G-33, African, ACP), Rep. Korea (G-33, G-10), Lesotho (least-developed
countries coordinator, also African Group, ACP), Mauritius (G-33, ACP, African), Malaysia (Cairns), Mexico (G-20), New Zealand (Cairns), Norway (G-10), Pakistan (Cairns,
G-20, G-33), Paraguay (Cairns, G-20, tropical products,
small-vulnerable), Philippines (G-33, G-20, Cairns), Switzerland (G-10 coordinator), Chinese Taipei (recent new
members coordinator, also G–10), Thailand (Cairns, G-20), Turkey (G-33), Uruguay (Cairns, G-20), US, Venezuela (G-33, G-20)
(Previously, during 2007: Panama as recent new members coordinator; Uganda as African Group coordinator.)