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State of Play: NTBs in NAMA

State of Play: NTBs in NAMA. Workshop for African Group Countries: WTO NAMA Negotiations on NTBs 12-14 April 2010. Sanitary and phytosanitary Technical barriers to trade PSI and other formalities Price control or price-related measures Licenses, quotas, prohibitions

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State of Play: NTBs in NAMA

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  1. State of Play: NTBs in NAMA Workshop for African Group Countries: WTO NAMA Negotiations on NTBs 12-14 April 2010

  2. Sanitary and phytosanitary Technical barriers to trade PSI and other formalities Price control or price-related measures Licenses, quotas, prohibitions Charges, taxes, para-tariffs Finance measures Anti-competitive measures Trade-related investment measures Distribution restrictions Restrictions on post-service sales Subsidies Procurement restrictions A broad range of interventions

  3. Definitions: Two Challenges NTBs are defined negatively: Any measure with a trade effect that is not a tariff Challenge 1 - design and content: • Legitimate public policy • Legitimate public policy spiced with protection • Protection Challenge 2 – application of measures • Efficient, least cost administration of public policy • Excessive dead-weight costs, inefficient or deliberately cost-augmenting administration

  4. NAMA – NTBs: Sequence of main events 2002/2003→ Generic proposals by Participants Apr. 2003→ Overview of neg. proposals submitted, NTBs Jan. 2003→1st Notification exercise Aug. 2003→ Chair’s Draft Elements for Modalities, including NTBs Oct. 2003→2nd Notification exercise 2004/2005→ Review and classification of notifications Where should the notified NTBs be negotiated? (Continues…)

  5. 2005 → Hong Kong: bilateral, vertical and horizontal approaches NTBs are being addressed in other for a, including negotiating groups Need for specific negotiating proposals 2006/07→ 13 vertical and horizontal proposals were submitted by Participants (almost half are TBT related). Bilateral requests were also made (TN/MA/NTR/ series ) 2008→ Should NTB negotiations finish with the modalities or subsequently? If the latter, then how?(TN/MA/W/103/Rev.3 P. 23-26) 2009→ Intensive technical work on the proposals (Q&A process); Two new proposals have been received NAMA – NTBs: Sequence of main events (cont.)

  6. NAMA NTBs Inventory (2nd exercise)What type of measures were notified?

  7. NAMA NTBs Inventory (2nd exercise)Which sectors faced the most measures?

  8. NAMA NTBs Inventory (2nd exercise)Where would the Member concerned like to solve the issue? Each Member to decide where to tackle the NTBs of its interest

  9. December 2008 text (TN/MA/W/103/Rev.3)Core Elements • Text based negotiations should continue on proposals after modalities are established. Seven “merit particular attention” • Aim is to finalize discussions on proposals as early as possible for their inclusion in any final package in NAMA • Members should pay attention to any systemic or cross-cutting issues, including those relating to the TBT Agreement, that may arise from these proposals • Negotiations on bilateral requests should proceed in tandem. Need to multilateralize the outcomes through inter alia incorporating them where appropriate into Part III of the schedules

  10. Horizontal Mechanism – African Group, Canada, EU, LDCs, NAMA-11, NZ, Norway, Pakistan, CH 1

  11. Chemicals – Argentina 2

  12. Fireworks - China 3

  13. Lighters - China 4

  14. Elimination of unilateral NTBS - Cuba 5

  15. Electronics – EU and Switzerland 6

  16. Export taxes - EU 7

  17. Textiles, Clothing, Footwear and Travel Goods – EU, Mauritius, Sri Lanka, US 8

  18. Export Licensing – Japan, Chinese Taipei and US 9

  19. Forestry Products in Building Construction – New Zealand 10

  20. Electronic Goods - US 11

  21. Remanufactured Goods – Japan, Switzerland, United States 12

  22. Automotive Products - US 13

  23. Automotive Products - EU 14

  24. Industry-specific NTB Proposals – EU, India 15

  25. Summary: Cross-Cutting • Horizontal proposal • Cuba’s generic proposal • Export-related policies • Framework for industry-specific proposals

  26. Summary: Sector-Specific • Chemicals • Fireworks • Lighters • Remanufactured goods • Electronics • Textiles, clothing, footwear, leather goods • Forestry products • Automotive products

  27. Some Objectives Underlying Sector-Specific Proposals • Internationalization of standards • Common standards • Streamlining of standards-related procedures • Greater recognition of national procedures • Avoiding duplication • Willingness to consult • Guaranteeing transparency • Technical assistance

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