./.WORLD TRADE
ORGANIZATIONWT/GC/W/94
27 July 1998
(98-2974)
Original:  French
GLOBAL ELECTRONIC COMMERCE
Communication from Switzerland
The following communication received on 16 July 1998 from the delegation of Switzerland is
circulated for information of Members.
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With regard to the organization of the work
We continue to believe that, given the horizontal dimension of electronic commerce, the
General Council (GC) should either establish a ad hoc working party or arrange a series of meetings
of the GC in special session.  Nevertheless, we are aware that this position is not that of the majority
of delegations.
If it is finally decided that the work will be shared among the various bodies of the WTO, it is
important that the following elements be taken into account:
- The GC should give the subsidiary bodies a clear mandate  with respect to the work
it expects them to do;
- the GC should remain free to deal with the reports  it will receive from the
subsidiary bodies since it is the GC that will be responsible for preparing a synthesis;
- the GC should make sure that all the bodies invited to work on electronic commerce
have the same understanding  of what it is about.
As regards the bodies  which should be involved, we are of the opinion that the Council for
Trade in Goods, the Council for Trade in Serv ices, the Council for Trade-Related Aspects of
Intellectual Property Rights, the Committee on Trade and Development and the Committee onGovernment Procurement have a part to play.
As for the participation of the private sector , we do not see why we should have to provide
special rules for electronic commerce.  That said, we have no objection if, in a preliminary phase of
problem identification, the private sector can make a technical and informal contribution to a betterunderstanding of the realities of electronic commerce.
We do not consider it necessary to specify a particular role for the Secretariat  over and above
its ordinary tasks.  Moreover, it is for the Secretariat itself to arrange for its own organization in
carrying out its work on behalf of the Councils and Committees.WT/GC/W/94
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As regards the extent of the programme of work
The programme of work should not be an interpretation of the General Council's mandate, but
should rather lay down a procedure to be followed.  Thus, the programme should aim to provide
answers to the following questions :
(1) What do we understand by electronic commerce?(2) What are the aspects of electronic commerce - or of its regulation - which are having
an impact on the conditions of trade in goods and services (trade relevance)?
(3) Are the provisions of the various WTO Agreements applicable to these aspects?(4) If so, is there any need to clarify or specify the existing legal situation?(5) If not, does the WTO system offer the possibility of developing new solutions?
The first question - "What do we understand by electronic commerce" - should be dealt with
by the General Council, whereas the others could serve as the basis for the terms of reference of the
subsidiary bodies.
In this context, we consider that the list of questions submitted by the EU is perfectly
appropriate and should be incorporated in the programme of work, for example, in the form of an
illustrative list.
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