This memorandum responds to questions raised
by members of the International Development Committee.
There are some 160 product groups covered by
the Multi-fibre Agreement (MFA). These are listed in the tables
at Annex 1, showing separately those which the European Union
has already integrated into the World Trade Organisation (WTO)
rules under the Agreement on Textiles and Clothing (ATC) and those
that remain to be integrated.
The table shows the 21 textile categories and
13 clothing categories representing a total of 36 per cent of
1990 imports have now been integrated. Those remaining include
the eight items deemed most sensitive in terms of domestic industry
in the European Union (categories 1-8).
There is no readily available information on
developing countries' compliance with the TRIPs agreement. However
27 countries have volunteered to have their compliance reviewed
by the WTO TRIPs Council in 2000 and a further 42 in 2001. These
are listed at Annex 2. It is reasonable to assume that these countries
have a degree of confidence that their legislation will be TRIPs
compliant by the time of their reviews.
The TRIPs Implementation Review Mechanism allows
at WTO Members to see each other's level of compliance and problems
of implementation that are being faced. If it is found that a
country is not TRIPs compliant there is no automatic sanction.
There is no information on whether least developed
countries are at present TRIPs compliant.
This question admits of no general answer because
each country tackles the implementation of its commitment under
the TRIPs agreement from a different starting point. It can however
be answered illustratively from the effort of Mexico and Indonesia
to strengthen their administration of intellectual property rights.
In 1992 Mexico, in preparation for joining the
North Amercian Free Trade Area de-merged its patent and copyright
protection function from its Ministry of Commerce and Industrial
Development and with assistance from the World Bank and WIPO,
set up a free standing and self-financing Mexican Industrial Property
Institute. The project to upgrade the skills of staff inherited
from the ministry and to acquire hardware and data bases cost
£32 million which was disbursed over the years 1994 to 1996.
This cost spread over three years, represents approximately 0.14
per cent of Mexico's capital budget. Once established the Institute
recovered more than three times its operating costs from fees
paid for filing patents and trade marks. Its cumulative net earnings
exceeded its establishment costs after approximately 3 years.
In Indonesia the World Bank, in 1997, allocated
the sum of $14.7 million out of a project of $34.5 million for
upgrading information technology, to technical assistance to improve
intellectual property protection and implement the TRIPs agreement.
The sum was to be disbursed over several years and would be devoted
to bringing laws and regulations up to date and to strengthen
the institutions involved. The $14.7 million allocated for improvements
to the intellectual property regime represents approximately 0.0025
per cent of Indonesia's capital expenditure budget.
Smaller developing countries may wish to pool
resources and develop communal patent offices.
First stage
MFA categories
integrated 1st January 1998
| | |
Textiles | | per cent share in 1990
EU imports
|
94 | wadding of textile materials
| 0.4 |
99 | coated textile fabrics linoleum rubberized textile fabrics etc
| 0.3 |
126 | artificial staple fibres
| 3.9 |
134 | metallized yarn | 0.0
|
148A | jute yarn | 2.3
|
149 | woven jute fabrics 150cm width
| 0.8 |
150 | woven jute 150cm width sacks and bags thereof
| 2.3 |
153 | used sacks and bags of jute etc
| 0.0 |
Clothing | |
|
69 | womans knitted petticoats
| 0.1 |
75 | mens knitted suits and ensembles
| 0.0 |
85 | woven ties bow-ties and cravats
| 0.0 |
| Tariff lines outside tariff Ch 50-63
| 8.8 |
| Total | 18.9
|
Second stage
MFA categories
integrated 1st January 1998
| | |
Textiles | | per cent share in 1990
EU imports
|
41 | yarns of continuous synthetic filament
| 3.9 |
46 | carded or combed wool |
0.9 |
58 | knotted carpets | 1.1
|
61 | narrow woven fabrics |
0.2 |
65 | knitted fabric | 0.9
|
67 | knitted clothing accessories household linen curtains blankets sacks and bags
|
0.4 |
91 | tents | 0.3
|
96 | non-woven fabrics and articles thereof
| 1.3 |
100 | impregnated coated covered textile fabrics
| 0.5 |
110 | woven pneumatic mattresses
| 0.3 |
111 | other woven camping goods
| 0.0 |
122 | woven sacks and bags of flax
| 0.0 |
124 | synthetic staple fibres
| 5.6 |
Clothing
19 | woven handkerchiefs
| 0.1 |
70 | panty-hose and tights full length hosiery of synthetic fibres
| 0.2 |
72 | swimwear | 0.1
|
74 | women's knitted suits and ensembles
| 0.2 |
76 | woven industrial or occupational clothing aprons smock overalls etc
| 0.7 |
77 | woven ski suits | 0.1
|
84 | woven shawls scarves mufflers etc
| 0.1 |
86 | corsets corset-belt braces etc
| 0.1 |
87 | woven gloves mittens and mitts
| 0.2 |
88 | woven gloves mittens and mitts
| 0.1 |
| Total | 17.3
|
Third and Fourth stage
MFA categories
to be integrated 1 January 2002 and 1 January 2005
| | |
Textiles | |
|
Presently under
EU quota |
| per cent share in 1990
EU imports
|
1 | cotton yarn | 7.9
|
2 | woven fabrics of cotton
| 9.3 |
3 | woven fabrics of synthetic discontinuous fibres
| 2.8 |
9 | terry towelling and similar terry fabrics woven toilet linen
| 0.8 |
20 | woven bed linen | 1.6
|
22 | yarn of synthetic staple fibres
| 1.8 |
23 | yarn of artificial staple fibres
| 0.7 |
32 | woven pile fabrics and chenille fabrics
| 0.2 |
33 | woven fabrics of synthetic filament yarn 3m sacks and bags
| 1.2 |
35 | woven fabrics of continuous synthetic fibres
| 1.5 |
36 | woven fabrics of continuous artificial fibres
| 0.3 |
37 | woven fabrics of artificial staple fibres
| 1.4 |
39 | woven table linen toilet and kitchen linen
| 0.6 |
50 | woven wool fabrics |
0.1 |
59 | carpets and other floor coverings
| 1.6 |
90 | twine cordage ropes etc of synthetic fibres
| 0.2 |
97 | nets and netting made of twine cordage or rope
| 0.1 |
109 | taupaulins sails sun-blinds etc
| 0.1 |
115 | flax or ramie yarn |
0.0 |
117 | woven fabrics of flax or ramie
| 0.1 |
118 | table toilet and kitchen linen of flax or ramie
| 0.1 |
120 | woven curtains etc of flax and ramie
| 0.0 |
123 | woven pile and chanille fabrics shawls scarves etc of flax
| 0.0 |
125A | synthetic continuous filament yarn
| 2.2 |
125B | synthetic monofilament strip etc
| 0.2 |
127A | yarn of continuous artificial filaments
| 0.2 |
127B | artificial monofilament strip etc
| 0.0 |
136 | woven silk fabrics |
0.1 |
140 | knitted fabrics of metal threads or metalized yarn
| 0.0 |
142 | carpets and floor coverings of sisal etc or hemp
| 0.0 |
145 | twine cordage ropes etc of abaca or of true hemp
| 0.0 |
146A | agricultural binder and bailer twine or sisal etc
| 0.4 |
146B | twine, cordage, ropes etc of sisal
| 0.0 |
151A | floor coverings of coir
| 0.2 |
151B | carpets and floor coverings of jute etc
| 0.0 |
163 | gauze and articles of gauze, put up for retail sale
| 0.3 |
Presently not
under EU quota |
| per cent share in 1990
EU imports
|
34 | woven fabrics of synthetic filament yarn 3m
| 0.0 |
38A | knitted synthetic curtain fabric
| 0.1 |
38B | net curtains | 0.0
|
40 | woven curtains | 0.2
|
42 | yarn of continuous man-made fibres yarn of artificial fibres and filament
|
0.2 |
43 | yarn of man-made filament yarn of artificial staple fibres
| 0.1 |
47 | yarn of carded wool |
0.1 |
48 | yarn of combed wool |
0.2 |
49 | wool yarn put up for retail sale
| 0.0 |
53 | cotton gauze | 0.0
|
54 | artificial staple fibres
| 0.0 |
55 | synthetic staple fibres
| 0.2 |
56 | yarn of synthetic staple fibres put up for retail sale
| 0.1 |
60 | hand made tapestries gobelins etc
| 0.0 |
62 | chenille yarn gimped yarn tulle labels badges braids etc
| 0.1 |
63 | knitted elastic fabric of synthetic fibres raschel lace
| 0.1 |
66 | woven travelling rugs blankets
| 0.1 |
93 | sacks and bags of woven fabrics
| 0.1 |
95 | felt and articles thereof
| 0.2 |
98 | other articles made from yarn twine cordage or rope
| 0.0 |
101 | twine cordage ropes etc other than of synthetic fibres
| 0.1 |
112 | other made-up textile articles
| 0.3 |
113 | woven floor cloths dish cloths etc
| 0.2 |
114 | woven fabrics and articles for technical uses
| 0.2 |
121 | twine cordage ropes etc of flax or ramie
| 0.0 |
129 | yarn of coarse animal hair
| 0.0 |
130A | silk yarn other than spun from waste
| 0.0 |
130B | silk yarn other than of category 130a
| 0.0 |
131 | yarn of vegetable textile fibre
| 0.0 |
133 | yarn of true hemp |
0.0 |
135 | woven fabrics of coarse animal hair
| 0.0 |
137 | woven pile and chenille fabrics, narrow woven fabrics of silk
| 0.0 |
138 | woven fabrics of paper yarn
| 0.0 |
139 | woven fabrics of metal threads or metalized yarn
| 0.0 |
141 | travelling rugs and blankets of materials of category 140
| 0.0 |
144 | felt of coarse animal hair
| 0.0 |
146C | twine, cordage, ropes etc of jute
| 0.0 |
152 | needle loom felt of jute etc
| 0.0 |
Clothing
Presently under EU quota
| | per cent share in 1990
EU imports
|
4 | knitted shirts t-shirts lightweight fine knit roll or turtle necked jumpers etc
|
2.8 |
5 | knitted jerseys pullovers slip-overs waistcoats bed-jackets anoraks etc
| 2.5 |
6 | woven beeches shorts and trousers etc
| 4.3 |
7 | woven or knitted women's blouses shirts and shirt-blouses
| 1.2 |
8 | woven men's shirts |
2.2 |
10 | knitted gloves | 0.4
|
12 | panty-hose and tights stockings socks etc
| 0.6 |
13 | knitted underpants briefs and knickers
| 0.6 |
14 | men's woven overcoats raincoats and others
| 0.3 |
15 | women's woven overcoats raincoats and other jackets and blazers
| 0.9 |
16 | men's woven suits and ensembles tracksuits with lining
| 0.5 |
17 | men's woven jackets and blazers
| 0.4 |
18 | woven singlets or other vests underpants briefs pyjamas petticoats etc
| 0.7 |
21 | woven parkas anoraks windcheaters etc
| 1.9 |
24 | knitted nightshirts pyjamas bathrobes dressing gowns etc
| 0.9 |
26 | women's dresses | 0.6
|
27 | women's skirts | 0.6
|
28 | knitted trousers bib and brace overalls breeches and shorts
| 0.5 |
29 | women's woven suits and ensembles tracksuits with lining
| 0.6 |
31 | brassieres | 0.1
|
68 | babies' garments and clothing accessories
| 0.8 |
73 | | 0.7
|
78 | all other unspecified woven clothing
| 1.2 |
83 | knitted overcoats jackets blazers and all other unspecified knitted clothing
|
0.3 |
156 | knitted blouses and pullovers of silk
| 0.0 |
157 | knitted garments mainly of silk and linen not elsewhere specified
| 0.1 |
159 | woven dresses blouses and shirt blouses of silk
| 0.1 |
160 | handkerchiefs of silk
| 0.0 |
161 | woven garments mainly of silk or linen not elsewhere specified
| 0.3 |
| Total % Stages 3 and 4* |
65.8 |
| *includes 0.9 per cent of imports which are not included in MFA categories.
|
Table 1 shows the list of countries who have volunteered to be
reviewed in 2000 and Table 2 the list of countries scheduled to
be reviewed in 2001.