Draft NAMA modalities

Third Revision

Preamble

1.         In paragraph 16 of the Doha Ministerial Declaration, we agreed "to negotiations which shall aim, by modalities to be agreed, to reduce or as appropriate eliminate tariffs, including the reduction or elimination of tariff peaks, high tariffs, and tariff escalation, as well as non-tariff barriers, in particular on products of export interest to developing countries.  Product coverage shall be comprehensive and without a priori exclusions.  The negotiations shall take fully into account the special needs and interests of developing and least-developed Members, including through less than full reciprocity in reduction commitments, in accordance with the relevant provisions of Article XXVIII bis of GATT 1994 and the provisions cited in paragraph 50 of the Doha Ministerial Declaration. To this end, the modalities to be agreed will include appropriate studies and capacity‑building measures to assist least-developed countries to participate effectively in the negotiations."

2.         Further to the Doha Development Agenda (DDA) mandate, and building on the results reached in Annex B of the General Council Decision of 1 August 2004 (the "NAMA Framework") and paragraphs 13 to 24 of the Hong Kong Ministerial Declaration, we hereby establish the following modalities for the non-agricultural market access (NAMA) negotiations which shall be applicable to all non-agricultural tariff lines as defined in Annex 1.  

3.         The results of the application of these modalities shall be reflected in schedules of concessions which shall be submitted and finalized in the Harmonized System 2002 nomenclature and prepared in accordance with document JOB(06)/99/Rev.2.  Initial, comprehensive, draft schedules shall be submitted no later than three months after the establishment of modalities.

4.         These modalities do not create a new category or sub-category of WTO Members, nor do they create a precedent for future negotiations.  In applying these modalities, existing bindings shall not be raised except as provided by Article XXVIII of GATT 1994.