SPECIAL AND DIFFERENTIAL TREATMENT
PROVISIONS
IN WTO AGREEMENTS AND DECISIONS
Note by the Secretariat[1]
1 introduction.. 4
2 MULTILATERAL AGREEMENTs oN TRADE IN
GOODS. 7
2.1
General Agreement on Tariffs and Trade (GATT) 1994. 7
2.2
Understanding on the Balance-of-Payments Provisions of the General Agreement on
Tariffs and Trade 1994 19
2.3
Agreement on Agriculture. 21
2.4
Agreement on the Application of Sanitary and Phytosanitary Measures. 26
2.5
Agreement on Technical Barriers to Trade. 38
2.6
Agreement on Trade-Related Investment Measures. 49
2.7
Agreement on Implementation of Article VI of the GATT 1994. 51
2.8
Agreement on Implementation of Article VII of the GATT 1994. 53
2.9
Agreement on Import Licensing Procedures. 57
2.10
Agreement on Subsidies and Countervailing Measures. 60
2.11
Agreement on Safeguards. 68
2.12
Agreement on Trade Facilitation. 70
3 General Agreement on Trade in Services
(GATS). 91
4 Agreement on Trade-Related aspects of
Intellectual Property Rights. 97
5 Understanding on Rules and Procedures
Governing the Settlement of Disputes 101
6 plurilateral trade agreements. 108
6.1
Agreement on Government Procurement 108
7 ministerial, general council and other
relevant decisions. 112
7.1
Differential and More Favourable Treatment, Reciprocity and Fuller
Participation of Developing Countries - Decision of 28 November 1979
(Enabling Clause - L/4903) 113
7.2
Decision on Measures in Favour of Least Developed Countries (15 December 1993) 115
7.3
Decision on Texts Relating to Minimum Values and Imports by Sole Agents, Sole
Distributors and Sole Concessionaires (15 December 1993) 117
7.4
Decision on Measures Concerning the Possible Negative Effects of the Reform
Programme on Least Developed and Net Food‑Importing Developing Countries (15 December 1993) 119
7.5
Preferential Tariff Treatment for Least Developed Countries – Decision on
Waiver – 15 June 1999 (WT/L/304) 122
7.6
Accession of Least Developed Countries – Decision of 10 December 2002
(WT/L/508) 124
7.7 The
implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement
and Public Health (WT/L/540 and WT/L/540/Corr.1) - Decision of 30 August 2003. 127
7.8
Modalities for the Special Treatment for Least Developed Country Members in the
Negotiations on Trade in Services – Adopted by the Special Session of the Council
for Trade in Services on 3 September 2003 (TN/S/13) 128
7.9
Amendment of the TRIPS Agreement (WT/L/641) – Decision of 6 December 2005. 131
7.10
Other Decisions in Favour of Least Developed Countries – Annex F of the Hong
Kong Ministerial Declaration adopted on 18 December 2005
(WT/MIN(05)/DEC) 132
7.11
Transparency Mechanism for Regional Trade Agreements – Decision of
14 December 2006 (WT/L/671) 135
7.12
Transparency Mechanism for Preferential Trade Arrangements – Decision of
14 December 2010 (WT/L/806) 137
7.13
Preferential Treatment to Services and Service Suppliers of Least Developed
Countries - Decision of 17 December 2011 (WT/L/847) 139
7.14
Accession of Least Developed Countries - Decision of 25 July 2012
(WT/L/508/Add.1) 141
7.15
Extension of the Transition Period under Article 66.1 for Least Developed
Country Members - Decision of the Council for TRIPS of 11 June 2013
(IP/C/64) 147
7.16
General Services - Ministerial Decision of 7 December 2013 (WT/MIN(13)/37 -
WT/L/912)... 148
7.17
Public Stockholding for Food Security Purposes - Ministerial Decision of 7
December 2013 (WT/MIN(13)/38 - WT/L/913) 149
7.18
Understanding on Tariff Rate Quota Administration Provisions of Agricultural
Products, as defined in Article 2 of the Agreement on Agriculture - Ministerial
Decision of 7 December 2013 (WT/MIN(13)/39 - WT/L/914) 150
7.19
Cotton – Ministerial Decision of 7 December 2013 (WT/MIN(13)/41 - WT/L/916) 151
7.20
Preferential Rules of Origin for Least Developed Countries – Ministerial
Decision of 7 December 2013 (WT/MIN(13)/42 – WT/L/917) 152
7.21
Operationalization of the Waiver Concerning Preferential Treatment to Services
and Service Suppliers of Least Developed Countries – Ministerial Decision of 7
December 2013 (WT/MIN(13)/43 - WT/L/918) 154
7.22
Duty-Free and Quota-Free Market Access for Least Developed Countries –
Ministerial Decision of 7 December 2013 (WT/MIN(13)/44 - WT/L/919) 156
7.23
Public Stockholding for Food Security Purposes – Decision of 27 November 2014
(WT/L/939) 157
7.24
Extension of the Transition Period under Article 66.1 of the TRIPS Agreement
for Least Developed Country Members for Certain Obligations with Respect to
Pharmaceutical Products – Decision of the Council for TRIPS of 6 November 2015
(IP/C/73) 158
7.25
Least Developed Country Members – Obligations under Article 70.8 and Article
70.9 of the TRIPS Agreement with Respect to Pharmaceutical Products – Decision
of 30 November 2015 (WT/L/971) 159
7.26
Special Safeguard Mechanism for Developing Country Members – Ministerial
Decision of 19 December 2015 (WT/MIN/(15)/43 - WT/L/978) 161
7.27
Public Stockholding for Food Security Purposes – Ministerial Decision of 19
December 2015 (WT/MIN(15)/44 - WT/L/979) 161
7.28
Export Competition – Ministerial Decision of 19 December 2015 (WT/MIN/(15)/45 -
WT/L/980) 162
7.29
Cotton - Ministerial Decision of 19 December 2015 (WT/MIN(15)/46 - WT/L/981) 167
7.30
Preferential Rules of Origin for Least Developed Countries – Ministerial
Decision of 19 December 2015 (WT/MIN(15)/47 - WT/L/917/Add.1) 170
7.31
Implementation of Preferential Treatment in favour of Services and Service
Suppliers of Least Developed Countries and Increasing LDC Participation in
Services Trade – Ministerial Decision of 19 December 2015 (WT/MIN(15)/48 -
WT/L/982) 175
7.32 Fisheries Subsidies – Ministerial Decision of
13 December 2017 (WT/MIN(17)/64-WT/L/1031) 176
[1] This document has been prepared under the Secretariat's own
responsibility and is without prejudice to the positions of Members or to their
rights and obligations under the WTO.