Where are we in the WTO Services Negotiations? Trade in Services Division World Trade Organization

Transcription

1 Where are we in the WTO Services Negotiations? Trade in Services Division World Trade Organization 1

2 History of Post-UR negotiations GATS 1995 Rule making Art. VI,X, XIII & XV Financial Maritime Mode 4 Telecom 2000 Art. XIX Mandate Doha Development Agenda 2

3 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

4 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

5 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

6 UR Commitments, Doha Offers and Actual Policies IND CRI GTM URY HND LKA GTM TUN TUN KEN THA PAK IDN EGY COL NGA IND NIC PHL IDMAR LKA PRY N COL MYS CHL BOL THA MUS PAN MUS PAN NGA IND DOM PAKMAR DOM BRA TUR PE R TUR PHL IDN THA MEX EGY BRA PAN MYS MEX CHN BGR ARG JOR ZAF LKA TUN ZAF PE R JOR ZAF KEN CRI URY MEX NGA CHL PAKMAR ALB TUR HNGTM PRY D PECOL RBRA ARG BOL DOM NIC MUS BGR POL POL HUN HUN LTU LTUHUN POL LTU BHR TTO TTO BHR PRT KOR BHR ITA OMN OMNKOR PRT ITA GRC ESP CZE GRCITA PRT ESP CZE KOR NZL GRC ESP NZL TTO FRA DNK BEL FIN FRA SWE DEU BEL DNK JPN FIN GBR AUT CAN NLD FRAUS AUT CAN JPNDEU FINSWE BEL GBRDNK NLD AUS DEU AUT CAN JPN AUS GBR SWE NLD IRL IRL IRL USA USA GDP per capita,ppp Restr ictive ness of GATS co mmitm ent Restr ictive ness of DOH A Offers Restr ictive ness of actual policy Fitted values Fitted values Fitted values STRI for 61 countries, excluding Qatar and 31 countries that did not submit offers Source: Borchert,Gootiiz, Mattoo 2010

7 UR commitments, Doha offers and actual policies by region Binding gap, offer gap and applied policy for 93 countries SAR GCC LAC AFR MENA EAP OECD ECA Actual Policy Offer gap (Doha Offer-Actual policy) Offer Improvement (Uruguay Round commitment-doha Offer) Source: Borchert, Gootiiz, Mattoo 2010

8 UR commitment, Doha Offers, and actual policies by sector Financial Telecom Retailing Maritime shipping Professional Overall Offer Improvement (Uruguay Round commitment-doha Offer) Offer gap (Doha Offer-Actual policy) Actual Policy Source: Borchert, Gootiiz, Mattoo 2010

9 State of play: MFN exemptions Some 40 exemptions (<10 per cent) offered for withdrawal In addition, some 10 exemptions would be modified Almost half of the changes are offered by only 3 participants (EU, Switzerland, Liechtenstein) Related to EU accessions and reorganization of preferential relations Next regular review to take place in Council for Trade in Services Review every 5 years 9

10 State of play: Overall Limited progress in the market access negotiations since July 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

11 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)

12 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

13 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

14 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

15 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

16 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*

17 Plurilateral - Option (II) MFN outcome 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 (?) 17

18 Post-Bali Programme Any services components? 18

19 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? In sum: Generate political leadership 19