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Decisions

The WTO – operated members and the organization based on unanimity (consensus). The concept "consensus" is defined in article 9 of the Marrakesh agreement about WTO creation (further – the WTO Agreement).

 

 

The decision of corresponding body is considered the accepted consensus if any of the Members who are present at session   during which time the decision was accepted,formally has not stated objections against acceptance of the offered project of the decision.

 


In cases when the decision cannot be accepted on the basis of a consensus, according to norms of the Agreement of the WTO, the voting procedure is applied.

 

Voting


According to article 9 of the Agreement of the WTO, at sessions of Ministerial conference and the General council each member of the WTO possesses one voice. The European Community at voting possesses a poll equal to number of the states entering into it, the WTO being simultaneously members. Decisions are accepted by the majority of the submitted voices if other is not established by the Agreement of the WTO or the corresponding multilateral trading agreement.


Thus, the Agreement on WTO creation provides decision-making by means of voting in following cases:


  • Acceptance of interpretation of the Agreement of the WTO and multilateral trading agreements the majority in 3/4 voices of members of the WTO.

  • In exceptional cases, the decision of Ministerial conference on refusal of the obligations imposed on members by the Agreement of the WTO or other multilateral agreement, the majority in 3/4 voices of members.

  • The decision of Ministerial conference on modification of positions of multilateral trading agreements (depending on agreement positions), the majority in 2/3 voices at a failure to reach for consensus on this point in question.

  • The decision of Ministerial conference on the introduction of a new member, the majority in 2/3 voices.

It should be noted that voting is possible not in all committees. For example, in the Agreement on sanitary and phytosanitary measures (further - SPM) it is specified that Committee SPM passes the decision on the basis of a consensus.

 

Formal and informal sessions

 

It is necessary to recognize that the important break in the course of negotiations is seldom reached at official sessions of the WTO or Councils. In connection with decision-making on the basis of a consensus, i.e. without voting, informal consultations of the WTO play the important role in reduction of distinctions to the general denominator.


Informal meetings are level below official meetings. Thus informal meetings also can include full membership, but provide more frank discussions, i.e. not for the report. Informal meetings can be spent, for example, only for heads of delegations.


Besides, as complicated questions are easier for discussing in small groups, practice of sessions with delegations on two or three, or in groups till 20-30 (from the most interested delegations on a certain question) is applied. Thus it is necessary to remember that at similar small sessions the attention should be given all and each participant. The key moment is the guarantee of that everyone receives the information, even if it does not take part in consultation or session (process should be "transparent").


Some meetings pass in so-called to "a green room», i.e. in a conference hall of the General director. The term is applied to sessions at 20-40 delegates. These meetings can be called and the chairman of committee, and the General Director, and to pass, for example, at Ministerial conference.


Negotiations about access on commodity markets and services also pass in small groups, but is perfect for other reason. The received package of obligations of the separate countries is reached as a result of numerous informal bilateral negotiations. Hence, informal sessions play the important role in consensus achievement though are not reflected in organizational structure of the WTO. Nevertheless, informal consultations are not separated from official sessions. They are necessary for simplification of official decisions in councils and committees. Official meetings are forums for an exchange of opinions, register positions of the countries, and, finally, confirm decisions. Art of achievement of the consent between all members of the WTO is the appropriate balance so achievements between only several countries is comprehensible to other members.

 

These official and informal meetings put a basis of negotiations within the limits of the WTO, and frequently are also break in the permission of complicated questions in committees.The WTO – operated members and the organization based on unanimity (consensus). The concept "consensus" is defined in article 9 of the Marrakesh agreement about WTO creation (further – the WTO Agreement).

 

 

The decision of corresponding body is considered the accepted consensus if any of the Members who are present at session   during which time the decision was accepted,formally has not stated objections against acceptance of the offered project of the decision.

 


In cases when the decision cannot be accepted on the basis of a consensus, according to norms of the Agreement of the WTO, the voting procedure is applied.

 

Voting


According to article 9 of the Agreement of the WTO, at sessions of Ministerial conference and the General council each member of the WTO possesses one voice. The European Community at voting possesses a poll equal to number of the states entering into it, the WTO being simultaneously members. Decisions are accepted by the majority of the submitted voices if other is not established by the Agreement of the WTO or the corresponding multilateral trading agreement.


Thus, the Agreement on WTO creation provides decision-making by means of voting in following cases:


  • Acceptance of interpretation of the Agreement of the WTO and multilateral trading agreements the majority in 3/4 voices of members of the WTO.

  • In exceptional cases, the decision of Ministerial conference on refusal of the obligations imposed on members by the Agreement of the WTO or other multilateral agreement, the majority in 3/4 voices of members.

  • The decision of Ministerial conference on modification of positions of multilateral trading agreements (depending on agreement positions), the majority in 2/3 voices at a failure to reach for consensus on this point in question.

  • The decision of Ministerial conference on the introduction of a new member, the majority in 2/3 voices.

It should be noted that voting is possible not in all committees. For example, in the Agreement on sanitary and phytosanitary measures (further - SPM) it is specified that Committee SPM passes the decision on the basis of a consensus.

 

Formal and informal sessions

 

It is necessary to recognize that the important break in the course of negotiations is seldom reached at official sessions of the WTO or Councils. In connection with decision-making on the basis of a consensus, i.e. without voting, informal consultations of the WTO play the important role in reduction of distinctions to the general denominator.


Informal meetings are level below official meetings. Thus informal meetings also can include full membership, but provide more frank discussions, i.e. not for the report. Informal meetings can be spent, for example, only for heads of delegations.


Besides, as complicated questions are easier for discussing in small groups, practice of sessions with delegations on two or three, or in groups till 20-30 (from the most interested delegations on a certain question) is applied. Thus it is necessary to remember that at similar small sessions the attention should be given all and each participant. The key moment is the guarantee of that everyone receives the information, even if it does not take part in consultation or session (process should be "transparent").


Some meetings pass in so-called to "a green room», i.e. in a conference hall of the General director. The term is applied to sessions at 20-40 delegates. These meetings can be called and the chairman of committee, and the General Director, and to pass, for example, at Ministerial conference.


Negotiations about access on commodity markets and services also pass in small groups, but is perfect for other reason. The received package of obligations of the separate countries is reached as a result of numerous informal bilateral negotiations. Hence, informal sessions play the important role in consensus achievement though are not reflected in organizational structure of the WTO. Nevertheless, informal consultations are not separated from official sessions. They are necessary for simplification of official decisions in councils and committees. Official meetings are forums for an exchange of opinions, register positions of the countries, and, finally, confirm decisions. Art of achievement of the consent between all members of the WTO is the appropriate balance so achievements between only several countries is comprehensible to other members.

 

These official and informal meetings put a basis of negotiations within the limits of the WTO, and frequently are also break in the permission of complicated questions in committees.