where are we in the wto services negotiations? 12 -what are we i… · mc 8: looking ahead the...
TRANSCRIPT
-
1
Trade in Services Division
World Trade Organization
Where are we in the WTO
Services Negotiations?
-
History of Post-UR negotiations
2
1994
GATS
1995-1997
Financial Maritime Mode 4 Telecom
1995 …
Rule making Art. VI,X, XIII & XV
2000
Art. XIX Mandate
2001 …
Doha Development Agenda
-
DDA: Negotiating issues Specific commitments (“market access”)
Market access National treatment Other commitments
MFN exemptions Annex on Article II
Rules Domestic regulation Subsidies, Safeguards, Government procurement
Implementation of LDC modalities Measures falling under LDC waiver
3
-
Milestones in the DDA negotiations
2005 Hong Kong Ministerial Declaration Annex C sets out ‘modalities’ for negotiations in services
Sectoral and modal negotiating objectives
Timelines for conclusion of the services negotiations
2008 Mini-Ministerial Meeting Draft text on services
Signalling Conference
Principle of LDC waiver
Eighth Ministerial Conference (2011) …
4
-
State of play: Market access Initial offers
71 Schedules (covering 95 Members*) Last submission: 19 March 2008 (Belize)
Revised offers
31 Schedules (covering 55 Members*) Last submission: 22 August 2007 (Nigeria)
*Counting EC Members (EC 25) individually
5
-
UR Commitments, Doha Offers and Actual Policies
ZAF
KENNGA
MUS
PHL
CHN
IDNMYS
THA
ALB
CZE
TUR
LTU
HUN
POLBGR
BHR
OMN
DOM
MEX
CHL
BRAPE R
BOL
TTOGTMHND
ARG
URY
PAN
CRI
COLNIC PRY
JOR
MAR
TUN
EGY
NZL
USA
DNK
AUS
GRC
FIN
JPN
PRT
AUTIRL
SWEDEU
NLDCANGBR
KOR BEL
ESP
ITAFRA
LKA
IND
PAK
ZAF
KEN
NGAMUS
PHL
CHN
IDN MYSTHA
ALB
CZE
TUR
LTU
HUNPOL
BGR
BHR
OMN
DOM
MEX
CHL
BRA
PE R
BOL
TTOGTMHND
ARG
URY
PAN
CRI
COLNIC PRY
JOR
MAR
TUNEGY
NZL
USADNK
AUS
GRC
FIN
JPN
PRT
AUT
IRLSWEDEU
NLD
CAN
GBR
KOR
BEL
ESP
ITA FRA
LKAIND
PAK
ZAFKENNGA
MUS
PHL
CHN
IDN
MYSTHA
ALB CZETUR
LTU
HUN
POLBGR
BHROMN
DOM
MEX
CHL
BRAPE R
BOL
TTO
GTMHND ARG
URY
PAN
CRI
COL
NIC
PRY
JOR
MAR
TUN
EGY
NZL
USA
DNK
AUSGRC
FIN
JPN
PRTAUT
IRLSWE
DEU
NLD
CAN
GBR
KORBEL
ESP
ITAFRA
LKA
IND
PAK
02
04
06
08
01
00
Serv
ice
s tr
ad
e r
estr
ictiv
eness
inde
x
0 10000 20000 30000 40000GDP per capita,PPP
Restr ictive ness of GATS co mmitment Fitted values
Restr ictive ness of DOHA Offers Fitted values
Restr ictive ness of actual policy Fitted values
STRI for 61 countries, excluding Qatar and 31 countries that did not submit offersSource: Borchert,Gootiiz, Mattoo 2010
-
UR commitments, Doha offers and actual policies by region
Source: Borchert, Gootiiz, Mattoo 2010
020
4060
80
Ser
vice
s tr
ade
rest
rictiv
enes
s in
dex
SAR GCC LAC AFR MENA EAP OECD ECA
Binding gap, offer gap and applied policy for 93 countries
Actual Policy
Offer gap (Doha Offer-Actual policy)
Offer Improvement (Uruguay Round commitment-Doha Offer)
-
UR commitment, Doha Offers, and actual policies by sector
Source: Borchert, Gootiiz, Mattoo 2010
010
2030
4050
6070
80
Ser
vice
s tr
ade
rest
rictiv
enes
s in
dex
Financial Telecom Retailing Maritime shipping Professional Overall
Offer Improvement (Uruguay Round commitment-Doha Offer)
Offer gap (Doha Offer-Actual policy)
Actual Policy
-
State of play: MFN exemptions
Some 40 exemptions (
-
State of play: Overall
Limited progress in the market access negotiations since July 2008.
Intensified negotiations on domestic regulation with notable progress, but disagreement persists on important and basic issues.
Technical work continues on GATS rules, although without convergence regarding the outcome in any of the subjects (ESM, GP, subsidies).
Report of Chair CTSS to TNC (TN/S/36 of 21 April 2011)
10
-
MC 8: Looking ahead
The negotiations are at an impasse. Unlikely that all elements could be concluded simultaneously in the near future. Members need to more fully explore different negotiating approaches while respecting the principles of transparency and inclusiveness. Advance negotiations, where progress can be achieved, including focusing on elements that allow to reach provisional or definitive agreements based on consensus earlier than full conclusion.
Chairman’s Concluding Statement (excerpts), WT/MIN(11)/11 (17 December 2011)
-
LDC Services Waiver Enables Members to provide preferential
treatment to services and service suppliers of LDC without according the same treatment to like services and service suppliers of all other Members (TN/S/37)
It will be reviewed every year
It will expire 15 years after adoption
12
-
MC 9: one item on services Operationalization of the Waiver Concerning
Preferential Treatment to Services and Service Suppliers of Least-Developed Countries – Ministerial Decision – WT/MIN(13)/43 - WT/L/918
13
-
Operationalize the LDC waiver
A High-level meeting of the Council for Trade in Services six months after the submission of an LDC collective request identifying the sectors and modes of supply of particular export interest to them;
Developed and developing Members shall indicate sectors and modes of supply where they intend to provide preferential treatment to LDC services and service suppliers;
A Member may accord preferences similar to those arising from preferential trade agreements to which it is a party;
targeted and coordinated technical assistance aimed at strengthening the domestic and export services capacity of LDCs
The Council for Trade in Services shall periodically review the operationalization of the waiver
14
-
‘Plurilaterals’ – A new approach(?)*
Agreement that aims to capture substantial part of liberalization achieved in other trade negotiations
Comprehensive in scope, substantial sectoral coverage, no a priori exclusion of any sector or mode of supply
Market access corresponding as closely as possible to actual practice plus opportunities for improved access
New and enhanced rules Intensify work from September 2012 on these concepts
* Media release (5 July 2012) from Australia, Canada, Colombia, Costa Rica, EU, Hong Kong China, Israel, Japan, Mexico, New Zealand, Norway, Pakistan, Peru, Korea, Switzerland, Chinese Taipei, Turkey, United States.
15
-
Plurilateral - Option (I) Non-MFN outcome Agreement WTO rule Example Advantages Constraints
Economic Integration
GATS Art. V CAFTA TPP? ISA?
• Flexible format (+ or - list) • Agreement and
approval among interested Parties
• Higher level of ambition
• May not include all
commercially significant markets • Dispute
Settlement?
Addition to Marrakesh Agreement, Annex 4
Art. X.9 Marrakesh Agreement – WTO
Agreement on Government Procurement (GPA)
• Applies only to the signatories
• WTO Framework • WTO Dispute
Settlement
Ministerial Decision, requires consensus*
-
Plurilateral - Option (II) MFN outcome
17
Agreement WTO rule Example Advantage Constraints
GATS Part III
GATS Art. II (MFN)
Services: Telecom Financial
Goods: Information Technology Agreement (ITA)
WTO Agreement WTO Dispute Settlement
Possibility of ‘free riders’ (?)
-
Post-Bali Programme Any services components?
18
-
Perennial challenges in the services negotiations Linkage to other negotiating areas
Especially agriculture & NAMA
Difficult policy coordination in capitals
Sectoral responsibilities scattered among different ministries
Structure of GATS
Schedules and modal structure too complex?
Regionalism
Diversion of negotiating resources?
19
In sum: Generate political leadership