TRADE WORLD ORGANIZATION
Working Party on Domestic Regulation
RESTRICTED S/WPDR/M/26 8 September 2004
(04-3794)
REPORT ON THE MEETING HELD ON 24 JUNE 2004 Note by the Secretariat1 1. The Working Party on Domestic Regulation (WPDR) held its twenty-sixth meeting on 24 June under the chairpersonship of Mr. David Cairns of the United Kingdom. The agenda for the meeting is contained in Airgram WTO/AIR/2341. Before adopting the agenda, the Chairperson suggested some changes. Members agreed to adopt the agenda as amended. During the meeting, Members congratulated Mr. Cairns on his new Chairpersonship of the Working Party, as well as thanking the outgoing Chair, Mr. Johannes Bernabe of the Philippines. A. OVERVIEW OF THE INFORMAL MEETING ON 8 JUNE
2. The Chairperson noted that the first item on the amended agenda was an overview by the Chair of the informal WPDR meeting held on 8 June 2004. He reported there had been a good discussion during the informal meeting, based on a Chairperson's Note regarding the organization of future work (circulated as JOB(04)/63 dated 26 May 2004). Delegations had indicated they were largely happy with the approach suggested in the Chairperson's Note. 3. Members had confirmed they wished to make progress in the Working Party in the Round and during the year, and that the approach should be concrete, practical and deal with substance. There was no need to prejudice the approach, especially in regard to horizontal versus sectoral disciplines. A number of Members believed that some elements for regulatory disciplines were missing, and they were encouraged by other delegations to fill the gaps by coming forward with papers. Members looked forward to the upcoming papers from several delegations. Regarding the next stage of negotiations, and the timing of an informal meeting to discuss moving to the next stage, there were some differences of view on when the Working Party would be ready. There was, however, general agreement that the move to the next stage would depend on receiving further submissions, the discussion of those submissions, and whether the WPDR believed it was ready to move to the next stage. The dates in the Chairperson's paper were therefore indicative. 4. Regarding work with regulators, delegations welcomed the Workshop on Domestic Regulation held on 29-30 March, and the benefits it had brought to regulators, negotiators, and industry, and some Members expressed interest in holding regional events. There was agreement that the WPDR should consider such events at a later stage, and that it was necessary to keep an eye on the overall programme of events and budgets. With respect to technical work, delegations indicated general interest in compiling a bibliography on domestic regulation, as well as in listing the regulatory elements of free trade agreements (FTAs). Members would be consulted in preparing the FTA listing, which would be strictly factual, and it was suggested that delegations themselves should come forward with material. 5. The Chairperson asked if any Member wished to make comments. No comments were received. B. NEW DOCUMENTS
1 This document has been prepared under the Secretariat's own responsibility and without prejudice to the positions of Members and to their rights and obligations under the WTO.
S/WPDR/M/26 Page 2 Colombia Paper on Visa Procedures 6. The Chairperson observed that the delegation of Colombia had circulated a room document (subsequently circulated as S/WPDR/W/29 dated 7 July 2004), entitled Examples of Measures Relating to Administrative Procedures for Obtaining Visas or Entry Permits. He asked Colombia if they wished to introduce their paper. 7. The delegation of Colombia apologized for the lateness of their paper, and thanked delegations in advance for their very preliminary comments. Their main objective in presenting the document was to give an incentive to technical debate in regard to the coverage of the regulatory concepts that could be contained in future disciplines under GATS Article VI:4. Article VI.4(c) recognized implicitly that licensing procedures could in themselves create significant barriers to the supply of services and, in Colombia's view, this was a key issue that required further analysis. Business interests in Colombia had requested that an effective solution be found at the multilateral level to regulatory barriers relating to administrative procedures for obtaining and renewing visas or entry permits, which they had identified as the main obstacle to trade. 8. Colombia did not question the right to require a visa, but rather the excessive complexity and discretion of the administrative procedures. Lack of transparency and predictability created serious problems for Colombian services exporters, including loss of business. Colombia, therefore, considered it appropriate to give a series of examples of the types of regulatory measures that could become barriers to trade. The examples in the paper resulted from detailed consultations with the private sector. Among the examples given were: retaining a passport for up to two months due to administrative procedures; as well as requiring an appointment before granting a visa, which in some cases could take as long as eight m...
M26