status of notifications of preferential rules of origin for
ldcs and preferential import data

Note by the Secretariat[1]

Revision

1  Introduction

1.1.  Paragraph 4.3 of the 2015 (Nairobi) Ministerial Decision on preferential rules of origin for least developed countries (LDCs) reiterates Members' commitment to notify their preferential rules of origin for LDCs as well as data concerning their preferential imports from LDCs. This note summarizes the legal requirements concerning such notifications and provides an overview of the notifications submitted to date.

2  Notification of preferential rules of origin and preferential imports

2.1.  The following WTO instruments require Members to notify their preferential rules of origin for LDCs under non-reciprocal trade preferences as well as their preferential imports from LDCs:

-        Paragraph 4 of Annex II of the Agreement on Rules of Origin requires Members to notify "promptly" "to the Secretariat" any preferential rules of origin. Notifications are circulated under the G/RO/N/ document series and are examined by the Committee on Rules of Origin (CRO);

-        The Transparency Mechanism for Preferential Trade Arrangements (WT/L/806 of 14 December 2010) requires Members to provide detailed and product-specific rules of origin "to the Secretariat".  Annex 1 of the Decision enumerates the specific information which should be submitted. The Decision also requires Members to notify, at the tariff line level, import data under their PTAs. Notifications of PTAs under the Transparency Mechanism are circulated as documents of the Committee on Trade and Development (CTD). Notifications are considered by the CTD in Dedicated Session (CTD‑DS), on the basis of a "factual presentation" prepared by the Secretariat. Only PTAs notified after the adoption of the Decision in 2010 have been examined under these procedures. In addition, a "guide" for each PTA is prepared in consultation with the Member implementing the PTA, and is placed in the Database on PTAs (http://ptadb.wto.org) after its approval by the implementing Member. Annex 2 of document G/MA/367 contains the format that Members have agreed to be used in the preparation of their notifications of tariffs and import data;

-       The 2013 (Bali) Ministerial Decision on Preferential Rules of Origin for LDCs (WT/L/917) and the 2015 (Nairobi) Decision (WT/L/917/Add.1) reiterate these obligations. In addition, the CRO agreed on a template to be used by all WTO preference-granting Members (G/RO/84) when notifying their preferential rules of origin. These notifications are circulated under the G/RO/LDC/N/ document series.