Committee on Rules of Origin - Status of notifications of preferential rules of origin for LDCs and preferential import data - Note by the Secretariat - Revision


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 the preferential rules of origin that they apply in the context of non-reciprocal trade preferences for LDCs as well as their preferential tariffs and imports covered by such preferences:

-        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.

3  Status of notifications concerning Preferential Rules of Origin

3.1.  The following table enumerates, for each preference-granting Member, the latest information available concerning preferential trade arrangements in favour of LDCs, namely:

-        The references of the latest notifications submitted to the CTD describing the coverage of preferential schemes, their date of entry into force, eligibility criteria and list of beneficiary countries; and

-        The references of the latest notifications submitted to the CRO describing the preferential rules of origin and origin requirements applicable to LDCs as required under the notification template adopted by the Committee (_G/RO/84).



[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.