RESTRICTED  
  
S/C/M/138  
 
24 April 2019  
(19-2746) Page: 1/23 
Council for Trade in Services    
 
REPORT OF THE MEETIN G HELD ON 21 MARCH 2019 
NOTE BY THE SECRETAR IAT1 
The Council for Trade in Services held a meeting on 21 March 2019 chaired by Ambassador Suescum 
(Panama). The agenda was contained in document WTO/AIR/CTS/1 8. 
 
The Chairman  indicated that, under Other Business, he would make a statement on the state of his 
consultations on the appointment of Chairpersons to the subsidiary bodies of the Council for 2019, 
and the Secretariat would report briefly on its technical assistance act ivities in 2019 and on its 
discussions with the UN Statistical Division concerning the accessibility of the CPC Provisional.  In 
light of the fact that the incoming Chairperson would need to leave at 12h45 , he encouraged 
delegations to be efficient in thei r use of time.  
 
The representative of the European Union  said that he wished to add an item of Other Business, to 
inform delegations about the EU -25 Consolidated Schedule of Commitments . 
 
The representative of the United States  requested th at, to honour th e Chairman's call for more 
efficiency, item G of the agenda concerning "Information sharing on the US–Lao PDR cooperation on 
digital trade  issues " be moved under agenda item C relating to the "Work Programme on Electronic 
Commerce".   
 
The agenda was adopt ed as modified . 
1  ITEM A: NOTIFICATION S PURSUANT TO ARTICL ES III:3, V:7 AND VII:4 OF THE GATS  
1.1.  With regard to the notifications made pursuant to GATS Article III:3 (Transparency), the 
Chairman  drew the Council's attention to the communications received from Switzerland 
(S/C/N/922), Japan (S/C/N/930), and New Zealand (S/C/N/931 to 945).  
1.2.  The representative of Canada  thanked delegations for their notifications. She had a follow -up 
question to New  Zealand on its notification concerning privacy measures , contained in document 
S/C/N/944. She enquired how New Zealand's Privacy Commissioner would assess whether a transfer 
of personal information that had been routed through New Zealand was intended to avoid the privacy 
laws of the originating country.  
1.3.  The representative of New Zealand  thanked Canada for the question. He replied that the Privacy 
Commissioner had the power, under Section 114b of the Act, to prohibit the transfer of personal 
information fr om New Zealand to another State if it was satisfied that the personal information would 
be transferred to a jurisdiction where it would not be subject to a law providing comparable 
safeguards to those in New Zealand's Act. In exercis ing its discretion, the  Privacy Commissioner was 
required  to consider whether or not the proposed transfer of personal information affected or was 
likely to affect an individual , the desirability of facilitating the free flow of information between New 
Zealand and other States , and any existing or developing of international guidelines relevant to 
cross-border data flows.    
                                                
1 This document has been prepared under the Secretariat's own responsibility and is without prejudice 
to the positions of Members or to their rights and obligations under the WTO.  S/C/M/138  
 
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  1.4.  The Chairman  suggested that the Council take note of the notifications and the statements 
made.  
1.5.  It was so agreed . 
1.6.  Concerning the notifications made pursuant to Article V:7 (Economic Integration), the 
Chairman  drew the Council's attention to the communications received from Australia, Brunei 
Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Viet Nam 
(S/C/N/920); the European U nion and Japan (S/C/N/921); Hong Kong, China and Georgia 
(S/C/N/923); and the United States and the Republic of Korea (S/C/N/621/Add.1).  
1.7.  He suggested that the Council take note of the notifications made and that the agreements 
notified be referred to the C ommittee on Regional Trade Agreements for consideration.  
1.8.  It was so agreed . 
1.9.  The Chairman  also drew delegations' attention to the fact that, at its meeting scheduled for 1 
and 2 April, the CRTA would be considering five regional trade agreements that covered  trade in 
services.  The agreements in question were : the 'Closer Economic Partnership Arrangement between 
Hong Kong, China and Macao, China'; the 'Free Trade Agreement between Chile and Thailand'; the 
'Free Trade Agreement between China and Georgia'; the 'Free Trade Agreement between Georgia 
and the EFTA States'; and the 'Accession of Ecuador to the Trade Agreement between the European 
Union and Colombia and Peru'.  He hoped that the information  he had provided  would be useful to 
delegations in organising their time.  
1.10.   Turning to the notifications made under Article VII:4 (Recognition), the Chairman drew the 
Council's attention to the communications received from India (S/C/N/924 to 929).   
1.11.   The representative of India stated that her delegation was pleased to  notify six agreements 
pursuant to Article VII:4 of the GATS, as contained in documents S/C/N/924 to S/C/N/929. Five of 
those notifications related to recognition agreements finalised by the Institute of Chartered 
Accountants of India (ICAI) with its count erparts in South Africa, Ireland, Canada, England and 
Wales, as well as Australia and New Zealand. The sixth notification, contained in document 
S/C/N/929, related to mutual recognition agreements between the Indian Nursing Council and the 
Singapore Nursin g Board.   
1.12.   Regarding the notification contained in document S/C/N/928 , concerning an MoU between 
ICAI and the Institute of Chartered Accountants in Australia and New Zealand, she noted that the 
notification currently specified a duration of 5 years. However, India wished to inform the Council 
that the duration of the MoU, which was still awaiting Cabinet approval in India, was under 
consideration and was not 5 years. I ndia thanked Australia f or having brought the point to its notice.  
1.13.   The representative of Canada  thanked India for consulting her delegation in preparing the 
notification concerning Canada. Her delegation wished to take the opportunity to provide an update 
on the Chartered Profess ional Accountants (CPA) of Canada, which had been created in 2013 to 
unite Canada's three legacy accounting professions (CA, CGA, CMA) under the new CPA designation. 
As a result, all the existing MoUs originally negotiated by the legacy accounting bodies h ad to be 
renegotiated. While the process was still ongoing, Canada intended to notify new agreements as 
appropriate.  
1.14.   The Chairman  suggested that the Council take note of the notifications and the statements 
made.  
1.15.   It was so agreed . 
1.16.   The Chairman  indicated that the agenda included also consideration of the Note by the 
Secretariat titled "Overview of notifications made under relevant GATS provisions", which Members 
had agreed would be updated annually. The Note had been circulated as document 
JOB(0 9)/10/Rev.9.   S/C/M/138  
 
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  1.17.   A representative of the Secretariat  indicated that the Note provided a statistical account of 
the notifications made by Members under relevant GATS provisions, updated to incorporate 
notifications submitted between January and December 2018.  For ease of reference, the Note listed 
GATS notification requirements applicable to Members, irrespective of whether any notifications had 
been submitted under those Articles in 2018.  
1.18.   As indicated in the Note, during 2018, ten notifications had been subm itted pursuant to 
Article  III:3 on transparency; six economic integration agreements had been notified under Article 
V:7; and seven notifications had been made  pursuant to Article VII:4. Three observations could be 
made based on the current update of the N ote. First, the number of Article III:3 notifications received 
in 2018 was amongst the lowest ever recorded. Second, fewer economic integration agreements 
had been notified by Members in 2018 compared to 2017, a continuation of the trend noted in the 
previous update. Third, 2018 had witnessed a significant increase in notifications submitted pursuant 
to Article VII:4 on recognition.  
1.19.   All delegations who took the floor  thanked the Secretariat for the Not e. 
1.20.   The representative of  South Africa  said that the Note provided a useful overview of 
notifications made under relevant GATS provisions . Transparency in the WTO ha d frequently been 
argued by some Members to constitute a fundamental element of WTO Agreements and a properly 
functioning WTO sys tem, and thus of Members ' obligations. Advances in technology ha d expanded 
and deepened the linkages between manufacturing and services, which further underline d the 
importance of services notifications.  Hence, she noted with interest that those Members cu rrently 
the champions of enhanced transparency and strengthened notification requirements in the WTO 
were chronically low in their level of compliance with existing notification requirements, notably 
under GATS Article III :3. 
1.21.   The Note reflect ed services notifications over some twenty -three years and reveal ed that 
developing countries, and especially least developed countries, notably from Africa,  had submitted 
more notifications under the GATS than most developed countries.   While the opposite was being 
argued in the Council for Trade in Goods, her delegation  viewed that as an important anomaly that 
warrant ed further investigation. She stressed  that her delegation was  raising th at issue  with the 
objective of engaging in an exercise that made systemic improve ments to the functioning of WTO 
bodies in the interests of all Members, and not what many Members perceive d as selective 
improvements. South Africa was not a proponent for additional transparency obligations but wished 
to ensure that , if emphasis was being  given to compliance in accordance with existing obligations, 
this exercise take place in all areas.  
1.22.   In light of recent events , such as the significant push to negotiate multilateral rules on e -
commerce and digital trade, investment facilitation and MSMEs , which were inextricably linked to 
services -related sectors and important areas for trade policy -making, South Africa considered that  
notifications in th ose areas , as they pertain ed to measures which "significantly affect trade in 
services " were particularly relevant.  Therefore , her delegation would  be interested in engaging in 
the Council  in an assessment of compliance with existing notification obligations, notably on the 
substantive reasons for Members ' non-compliance. In her delegation's view,  that would be a valuable 
and constructive exercise. To kick start th e process, South Africa proposed that an addendum to the 
Secretariat Note be compiled, listing the types of measures that Members had already notified under 
GATS Article III.3.  
1.23.   The repres entative of Australia  wished to applaud those Members which had submitted the 
notifications mentioned  under that agenda item, both those that had notified measures that had 
recently entered into force and those that had sought to bring their notifications up to date.   
1.24.   The Note by the Secretariat was a useful resource that enabled Members to understand trends 
in the number of notifications since the entry into force of the GATS.  For example, it was interesting 
to note that in 2017, 19 notifications had been made under Article III:3 compared to 10 notifications 
in 2018. It was also notable to compare those figures to the number of measures listed in the 
Director General's overview on trade related developments for the period mid -October 2017 to mid -
October 201 8. That overview included 132 entries for new measures, which concerned 59 WTO 
Members and two Observers. The report noted that the majority of measures mentioned were trade 
facilitating. One of the reasons for the discrepancy could be that the Director Ge neral's overview S/C/M/138  
 
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  covered measures that fell outside the scope of measures covered by Members' schedules of specific 
commitments.  
1.25.   Looking over time, significant spikes in the number of notifications appeared to be where one 
or two Members had made notifica tions. For example, in 2009, there were 13 notifications by China, 
9 by New Zealand and Switzerland separately, and a spike in 2005 given to 32 notifications by 
Albania. Members might have different views on what th ose numbers mean t, and Australia did not 
intend to analyse those numbers at that juncture. Instead, she wished to share some questions that 
had arisen for her delegation while looking at the notification process in considering its own 
notification practice.  
1.26.   First, what were examples of best pract ice in notifications: for instance, were there particularly 
good examples that clearly described how a measure differed from past practice? Second, how could 
capitals and the private sector be better involved in the notification process? Third, did capital s have 
sufficient time to analyse notifications in order to be able to ask questions on new measures? Fourth, 
should some notifications, e.g. on MRAs, be done jointly? That might not always be possible or 
preferable, but should Members strive towards this as best practice? Fifth, notifications under some 
other WTO Agreements were made through a central portal; could this concept be useful for service 
trade measures for making it easier for Members to find and analyse notifications?  
1.27.   Those were just some ques tions that Australia had started considering through its own 
experience and looked forward to discussing those issues with interested Members bilaterally and in 
various configurations.  
1.28.   The representative of Senegal , speaking  on behalf of the LDC Group , took note of the routine  
Note prepared by the Secretariat. While routine , the Note  was receiving special attention during a 
period of challenges from proposals that question ed developing countries ' track record  with 
notification obligations. Proposals with punitive measures in mind had been  introduced for the 
agreement of Members . LDCs were concerned about the way those  proposals were devoid of any 
real consideration f or the abject lack of capacity in most LDCs , whic h did not count with the resources 
in Capital on a sustainable basis. Many times, there was just one person handling several areas and 
trained staff change d frequently to meet the needs of Ministries. Most Ministries focused on dire 
policy and overarching development and livelihood priorities, notably  the alleviation of poverty.  As 
evidenced by the Secretariat Note, only a few LDCs were identified as having submitted notifications . 
However, interestingly, some of the LDCs mentioned  in the Note ha d submitte d more notifications 
than some developed Members. That said, any examination of problems with notification obligations 
had to be  addressed  from the perspective of initiatives from the WTO and developed Members to 
provide sustained assistance and resources in Capitals.   
1.29.   The representative of China  said that the Secretariat Note was very informative and timely . 
He thanked South Africa, Australia and Senegal for their statements , which were very thought -
provoking. It was apparent that  Members  needed to have more discussion o n that very important 
issue. The n otification  obligation  was a fundamental  obligation of WTO Members. China noted with 
concern that the number of notifications made under Article III:3 of the GATS was decreasing. His 
delegation st ood ready to work together with other Members to improve the notification efforts under 
the GATS in the future.  
1.30.   The representative of Malawi , speaking on behalf of the  ACP Group , commended the 
statements made by the LDC Group and the African Group, which a lso comprised members of the 
ACP Group. The ACP Group took note of the Note prepared by the Secretariat. The Group supported 
the WTO monitoring and transparency function s and its members were committed to fulfil ling their 
WTO obligations. The issue of noti fications was a staple  in WTO Committee processes and, therefore , 
the Group had read with interest the findings in the Secretariat  Note. In other fora where the issue 
had been discussed,  the Group had heard assertions that  developing countries and LDCs in the 
various WTO bodies had lower rates  of compliance with notification requirements as compared to 
developed Members. That was oftentimes owing to  lack of capacity, in terms of time and human 
resources, as well as lack of adequate statistical data and informat ion. The ACP Group took note of 
the chronically low number of notifications submitted  under the GATS Article III:3 by developed 
countries and was interested in  engaging in a discussion which sought to  explain  why such figures  
were below par . The A CP Group stood ready to continue discussions on th e matter.  S/C/M/138  
 
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  1.31.   The representative of Canada  commend ed all Members for submitting notifications to the 
Council . The information provided in the Secretariat Note had allowed her delegation to reflect on 
its own no tification practices and the trends and performance of the system. Canada recognize d that 
the notification function was one of the key pillars of the regular work of the Council and supported 
the WTO core principles of transparency and predictability. Expl oring ways to maintain and improve 
effective transparency procedures and mechanisms that could provide greater benefits to policy -
makers and stakeholders in the areas of services was of interest to Canada. Her delegation shared 
the views that some elements  of the notifications process could benefit from further discussions to 
help Members with their submissions. As highlighted by Australia, her delegation also saw value in 
exchanging views on how Members could facilitate the submission process, the access t o information 
for Members and stakeholders, and improve dialogue on the measures and instruments notified. 
Learning more about best practices would also be useful. Canada was keen to  pursu e such 
discussions with interested Members.  
1.32.   The representative of Switzerland  thanked those Members that had submitted notifications. 
The Secretariat Note  was a very useful tool to follow notif ication  practice s under the GATS. It clearly 
showed that n otification  levels were diverse over time  and among the different notification 
obligations under the GATS. Her delegation w elcomed any measures aimed at improving notif ication  
proced ures and providing support to Members in their efforts to submit notifications.  The questions 
posed by Austr alia and others were  very relevant to th at process. Switzerland stood ready to discuss 
this issue with delegations bilaterally and in different formats.  
1.33.   The representative of Mexico  thank ed Australia and Canada for their statements regarding 
the notification proc ess under the GATS . In her delegations' view, the q uestion s posed by Aust ralia 
were very relevant. Her delegation stood  ready to discuss the matter with delegations in different 
formats, as had been proposed. She h oped that concrete pr oposals to help impro ve the notific ation 
process in the Council would result from such discussions, including, for example, the possibility of 
adopting  processes and best practices , as was the experience in other WTO bodies.   
1.34.   The representative of the United States  said that o ne transparency provision under the GATS 
was not listed in the Secretariat Note, namely the one contained in section 5c of the Annex on 
Telecommunications, which stipulated that any new or amended measures of Members significantly 
affecting the use of publ ic telecommunications transport networks relating to the access to 
information contained in data bases, and the movement of information within and across borders, 
had to be notified and be subject to consultation. That was another transparency provision th at had 
not been used.  
1.35.   The United States was obviously very supportive of transparency generally. Part of the 
challenge found in services was the standard laid down in GATS Article III:3, which referred to 
measures that "significantly affect trade in servi ces", and which was tied to "trade in services", not 
measures that might affect services in general . That standard needed to be thought through as it 
constituted a fairly subjective standard, as opposed to transparency standards that might apply in 
other c ontexts, like in the goods area. As a way of reflecting on the subjectiv ity of th at standard, he 
noted that there had been notifications to the Council about measures at the local level regarding 
smoking in public establishments, which was clearly not what  was intended by the provision at issue. 
Very good suggestions had been made and the United States was willing to engage further to 
improve the process of notifications under the GATS.  
1.36.   The representative of the European Union  also wished to thank those Mem bers which had 
submitted notifications to the Council at that juncture. His delegation looked forward to the renewed 
interest on services notifications. There were challenges in terms of interpretation and 
implementation of Article III:3 of the GATS , which  had been the subject of conversations in the past 
and Members should continue to find ways of improving notifications.  The European Union stood 
ready to continue discussions on that matter.  
1.37.   Regarding the request by South Africa, a representative of the Secretariat  indicated that a 
note on the typology of measures notified had already been produced in 2013, in document 
S/C/W/351, although it had not been updated since.  S/C/M/138  
 
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  1.38.   The Chairman  suggested that the Council take note of the statements made. He exhorted 
delegations which  had shown interest in that matter to discuss among themselves and be in touch 
with each other.  
1.39.   It was so agreed . 
2  ITEM B: OPERATIONALIZATION  OF THE LDC SERVICES  WAIVER  
2.1.  The Chairman  recalled that, at the previous Council  meeting, Members had reverted to the 
suggestions the LDC Group had put forward in its communication entitled "Possible Elements for a 
Review of the Operation of Notified Preferences", contained in document JOB/SERV/284.  Members 
had agreed that, as proposed by the LDC Group, th e Council would hold a dedicated meeting, at a 
date to be determined, at which Members would exchange information as part of the mandate in the 
Nairobi Decision that the Council "initiate a process to review the operation of notified preferences, 
on the ba sis of information provided by Members".  Several delegations had stressed the need for 
the information exchange to be broad, covering the full scope of services trade opportunities 
available to LDC service suppliers, flexible, and based on an equal and co mmensurate engagement 
to information -sharing on the part of all Members, including the LDCs.   
2.2.  It had been  decided that he would contact relevant delegations to further discuss the format, 
date, content and overall organization of the dedicated meeting.  A ccordingly, he had  held various 
meetings with the LDC Group coordinator for the Waiver, to seek the Group's views.  He underst ood 
that the LDC Group ha d been busy developing its thinking on the dedicated meeting and that it ha d 
begun  reaching out to notify ing Members.   
2.3.  The representative of Senegal , speaking on behalf of the LDC Group, thank ed Members for 
agreeing to the Group's  proposal for a dedicated session to review the operation of the LDC services 
Waiver notifications and the objectives of the Waiver itself.  
2.4.  LDCs hoped that the review could take place in the autumn  of that year.  In that regard, the 
Group was  in the process of elaborating a structure for the session and ha d engaged in a number of 
informal bilateral discussions with Members keen to m ake th e review a success.  Those discussions 
had not been exhausted and the Group  hoped to reach out to more Members in the following  few 
weeks. He thank ed those Members who had reached out to the Group  to consider ways that they 
could  contribute.  Th at gave the Group  the reassurance of the commitment of th ose Members to the 
success of the Waiver.  
2.5.  As the Group  had stated since the beginning, its expectation was that the review process would 
principally provide for information -sharing on how Members were building awareness of the benefits 
of their preferences in LDCs and how they were going about increasing LDC access to those 
preferences , as well as how their capacity -building and assistance programmes support ed use of the 
preferences.   
2.6.  Again,  LDCs were  open to Members providing any information available they deem ed useful to 
share.  Once the Group  had conclude d its informal bilateral consultations with Members, it would  
welcome consultations led by  the Chairman with delegations to come to agreement on the  structure 
of the review session.  
2.7.  The review would help LDCs exchange information with their partners having notified 
preferences , and for the entire Membership to take stock of  the implementation of the Decisions 
taken by Ministers in that regard.  LDCs would like for Members to harvest from the exercise ideas 
on how to ensure awareness of the benefits for all LDCs to report to Capitals , but also for notifying 
Members to sensitize their consumers interested in acquiring the services from LDC qualified serv ice 
suppliers .  
2.8.  He also  recall ed the Group's remarks in December 2018 that the dedicated session did not 
replace the standing item on the operationalization of the LDC Waiver  on the CTS agenda.   The 
Group looked forward to continu ing cooperation with Members on that issue, which was of utmost 
importance to LDCs. S/C/M/138  
 
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  2.9.  The representative of the United States  thanked the LDC Group for its efforts in that area and 
looked forward to  continuing consultations  with them  to make the dedicated meeti ng a success.  His 
delegation had suggested that the ITC  present a publication it had produced  a couple of years earlier, 
titled "Making the Most of the LDC Services Waiver", to refresh memories on what the main 
suggestions and recommendations , contained  in Chapter 2 , were. These highlighted the steps that 
LDCs should take and the various programmes that were available to them, and he thought that 
having the ITC give a presentation on those aspects would be useful in thinking about how to go 
about the dedic ated meeting.  His delegation  looked forward to  that event being a success.  
2.10.   The representative of India reiterate d that her delegation  attache d utmost importance to the 
meaningful implementation of the preferences granted under the Waiver by all preferenc e-granting 
Members , with the ultimate objective of increasing LDCs' share in global export of services. India 
fully support ed information -sharing sessions in the Council,  including the organisation of a dedicated 
workshop that br ought together all relevant stakeholders.  Her delegation also support ed the LDC 
request for all possible assistance  from the Secretariat  in that regard.  
2.11.   She recalled that , as a part of the preferences granted, India had notified that at least 25 per 
cent of al l technical assistance and capacity building opportunities offered by the Indian Ministry of 
External Affairs (MEA) would be solely earmarked for LDCs.  As her delegation had indicated  at the 
previous  meeting , that preference ha d been utilised effectively by LDCs . In the previous  three years, 
since the preference had been  notified, approximately 50 per cent of more than 10,000 training slots 
of the MEA 's ITEC programme had been utilised by LDC Members.  
2.12.   As Members  were aware, India was the only WTO Member wh ich had notified that it was 
waiving visa fees for all LDC applicants applying for Business and Employment visas during the full 
duration of the Waiver .  To obatin  information on utilization of that preference, her delegation had 
contacted  all the Indian Missions in LDCs; up to that point, her delegation had received information 
from Indian  Missions  in 44 LDCs.  As per information received, during the previous  three  years ( i.e. 
2016, 2017 and 2018), a total of 48,602 LDC applicants ha d availed the mselves of the w aiver of 
visa fees for Indian Employment and Business Visas.  
2.13.   Her delegation  would encourage other Members to also provide updates on the steps they 
had taken regarding the implementation of preferences under the LDC Waiver  and their  utilisation 
by LDC beneficiaries.  
2.14.   The representative of South Africa  thank ed the LDC Group for their efforts in that area, but 
express ed her delegation's  disappointment that South Africa was  never consulted on th at matter by 
the Group.  As the only Africa n country that ha d notified preferences pursuant to the Waiver Decision, 
South Africa support ed the integration of LDCs into the multilateral trading system , and encourage d 
Members who ha d not yet notified, to do so as soon as possible.  
2.15.   With respect to th e review of the operation of notified preferences, she flagged, at that stage, 
that her delegation  would  face some difficulties with respect to collating all the information necessary 
for th e review.  That might  limit the extent of her delegation's  participation  in the dedicated meeting .  
South Africa did not have a central repository for its technical assistance and capacity -building 
programmes in services because th ose were demand -driven and done in consultation with 
beneficiary country institutio ns and regulators.  Those programmes were often conducted 
autonomously by South Africa's  regulators, relevant line -function departments and institutions, 
without necessarily including the participation of the Department of Trade and Industry.  
2.16.   From past exp erience, South Africa's  cooperation with relevant international organisations 
such as UNCTAD were also demand -driven.  For example, with respect to trade in services, her own  
Ministry  had hosted study tours and workshops for Lesotho and Uganda in the devel opment of their 
UNCTAD Services Policy Reviews.  South Africa's  regulators across the wide spectrum of service 
sectors also offer ed similar capacity -building initiatives to African LDC Members.  Her delegation 
would endeavour to collect the requisite infor mation for the review.  
2.17.   Without prejudging the outcome of the review, she suggested that  it might be useful to look 
at the WTO 's Institute for Training and Technical Cooperation to see whether there ha d been requests 
by LDC Members for enhancing trade capa city and addressing trade policy issues in services.  Her 
delegation also thought that it might be useful to explore some options for LDC regional courses or S/C/M/138  
 
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  e-learning courses on the LDC Services Waiver.  The latter option ha d the advantage of reaching a 
wider audience, at any time, and any place.  One possibility was for the notifying Member s to offer 
the substantive material for the course, which would allow users and service providers from LDC 
Member s to engage directly with the schedules and notified p references.  
2.18.   The representative of China  thank ed the LDC Group for their statement and the proposal 
regarding the review of the Waiver  preferences .  China attache d great importance and continue d to 
contribute to the implementation of the LDC Waiver , and applaud ed other Members ' efforts in that 
regard, in particular India's .  His delegation believe d that those efforts would  help LDCs fully explore 
their trade potential in the service sector.  Bearing th at in mind, China support ed any constructive 
idea on t he design of a review mechanism that would  help assess the effectiveness of the Waiver  
preferences and contribute to the better implementation of Waiver . 
2.19.   The representative of Norway  said that his delegation welcomed the LDC Group's initiative 
and the Grou p's efforts to plan for the dedicated meeting. Norway stood ready to participate 
positively .   
2.20.   The representative o f Canada  thanked the LDC Group for their proposal and for their 
constructive engagement. Her delegation welcomed the update provided and looked forward to 
continuing the consultations and working with other Members to have a successful dedicated 
meeting.  
2.21.   The repre sentative of Senegal , speaking on  behalf of the  LDC Group, said that the Group had 
taken note of the statements made and wished to assure all Members that the Group was continuing 
with its consultative process and  was ready to engage in consultations with any Member which was 
willing to contribute. He also said that the Group would consult with South Africa.  With regard to 
the suggestions regarding the use of the WTO's ITTC, those ideas could be explored to see how to 
make best use of all available resourc es to ensure that  the dedicated meeting  was a success . The 
Group would continue to consult and hoped to arrive at an agreement on the structure of the 
dedicated meeting at  the next  Council  meeting.  
2.22.   A representative of  the International Trade Centre  (ITC) s aid that it was a pleasure to take 
part in the meeting  and share with Members the ITC 's initiatives on services trade and in particular 
those related to the LDC services Waiver .  
2.23.   The ITC was the joint agency of the World Trade Organization and the United Nations .  Its 
mission was to enhance inclusive and sustainable economic growth and development in developing 
countries through improving the international competitiveness of their SMEs.  ITC offered a wide 
range of technical assistance on services trade.  It worked  together with governments to improve 
policies, build trade negotiation capacity and develop export strategies.  It also worked with trade 
and investment support institutions to enhance  their ability to better promote services exports, and 
most importantly, with service -exporting SMEs to improve their supply capacities and to connect 
them with international clients.  
2.24.   The key service sectors covered by ITC interventions include d tourism, ICT and IT/BPO 
services, e -commerce, creative industries and digital exports.  From the ITC's  experiences, those 
were the sectors where developing countries were already exporting or ha d the greatest export 
potential.   
2.25.   It was encouraging to see that , with the right technical assistance interventions, SMEs in 
developing and least developed countries were able to compete effectively in the international 
market.  Through the ITC's  interventions, IT companies in Uganda and Senegal were now selling 
software and I T services to European customers.  Freelancers in Gambia and Jordan were trained to 
use online platforms to provide design and programming services to global clients.  Tour operators 
in Myanmar and Liberia were receiving more international tourist s as a resu lt of an improved 
business and policy environment.  Filming and education institutions from South America were 
negotiating deals with Chinese counterparts on co -production and language training programmes. 
Women and youth entrepreneurs from around the world  were connected through the ITC's 
"SheTrades " platform to get better access to global markets and trade finance.  S/C/M/138  
 
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  2.26.   As he would not have time to cover all aspects of  the ITC's intervention on services trade , 
interested Member s could  find more information on the ITC  website and  the ITC would certainly  be 
happy to discuss in greater detail with individual Member s specific interventions and requests.  
2.27.   On the LDC services Waiver  in particular,  the ITC had a number of initiatives aimed specifically 
at helping LDCs negotiate and make use of the Wavier mechanism. The ITC had organized a series 
of five workshops in 2015 specifically for LDC services delegates to build capacit y for the Waiver  
negotiation. Th ose workshops ha d helped delegates improve awareness of the cha llenges associated 
with negotiating services, share experiences , including with LDC private sector representatives, and 
pass on best practices.  
2.28.   The ITC had also produced a publication titled "Making the Most of the LDC Services Waiver ", 
which outline d the actions that could be undertaken by LDCs to connect their service suppliers to 
value chains. Th ose include d collection and analysis of services trade data, organizing awareness -
raising workshops and public -private dialogues, establishing interagency servi ces coordinating 
mechanisms, building private sector coalition of services industries, facilitating SME services export s 
through trade promotion activities and participation in international services trade fairs, among 
others.  
2.29.   The ITC was currently working together with the WTO Secretariat to integrate the notifications 
under the Waiver  into the  WTO's  I-TIP database, so that users could  easily identify measures 
pertaining to specific sectors and notifying Member s. The ITC was  also exploring joint technical 
assistance initiatives in the context of the Waiver , focused on specific LDC countries and sectors.  
2.30.   A lot had been done , but it was  not enough. LDC 's share in global services trade remain ed 
less than 1%, and that was  far from reaching the Sustainable Development Goal of doubling LDC 's 
share of global export s by 2020. Rapid advancement of digital technologies open ed the door for 
more opportunities in services trade, including for companies from developing and least developed 
countries. A recent study by the McKinsey Global Institute show ed that cross -border services were 
growing more than 60 percent faster than trade in goods. Services trade would  be playing an 
increasingly important role for economic growth and diversificatio n.  
2.31.   The ITC stood  ready to continue providing tailored technical assistance for developing 
countries and LDCs to build service s export capacity. It looked forward to working together with 
Member s and the Secretariat to design, implement and deliver project s that had real and substantive 
impacts on increasing services exports from developing countries and LDCs.  
2.32.   The Chairman  noted that  the LDC Group  was consulting and would continue to do so and 
engage with more delegations. As the suggestion had been made  to hold the dedicated meeting in 
the autumn, a nd in view of the WTO's inactivity during the summer months, he stressed that time 
was of the essence. He would therefore recommend to the incoming Chairman to continue consulting 
and to pay particular attention  to that issue, on the basis on Members' initiatives. He then  suggested 
that the Council take note of the statements  made  and indicated that the Council  would  revert to 
that item at its next meeting . 
2.33.   It was so agreed . 
3  ITEM C: WORK PROGRAMME ON ELECTRONIC COMMERCE  
3.1.  The Chairman  recalled that agenda item G was now subsumed under that agenda item.  
3.2.  The representative of the United States  wished  to provide an update on a year -long initiative 
between the governments of the United States and of Lao PDR  and their respective private sectors 
on digital economy issues.  He believe d that their experience in cooperation , as both technical 
assistance and commercial partners , as well as the exploration of substantive policy issues related 
to digitally enhanced development could be of interest to the Council. Many of the lessons learn t 
over the course of the year -long initiative might  be useful to others considering similar policy 
questions and he hoped  that other  Members  that ha d similar lessons to share would consider doing 
so at future Council meetings  or as part of the LDC dedicated meeting related to the Waiver .  S/C/M/138  
 
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  3.3.  The US Embassy , in partnership with the Government of Lao PDR,  had organized and 
implemented three Lao Digital Foru ms throughout 2018, held in January, June and December.  The 
Forum s brought together Lao Government agencies and a wide range of Lao, global, and regional 
private sector voices to discuss digital economy  issues . The Forum grew from 80 participants at its 
first session in January to over 150 participants at the December session.  
3.4.  The Forum brought together Lao policymakers from a range of Ministries, American and 
regional companies, and Lao entrepreneurs to discuss opportunities and challenges from their 
different perspectives in order to assess critical questions , such as  how the digital economy could  
facilitate the development of MSMEs, and what policy environment the private sector view ed as 
necessary for success; how governments could welcome the contribut ions of innovative financial 
technologies while at the same time ensur ing the goals of macroeconomic and financial sector 
stability; and what were the appropriate guiding principles to follow to support e -commerce 
development in Lao  PDR. 
3.5.  The key lessons le arnt from the initiative included, first, recognition of the importance of 
bringing together different Ministries within the Government to begin to discuss digital issues/e -
commerce from all sides. Participants recognized that robust interagency coordinati on was a 
challenge that had to  be overcome to enable each Ministry to express its goals and its regulatory 
priorities and be in a position to evaluate options and formulate policy direction. As in many 
countries, officials from Ministries that overs aw Science and Technology , Post and 
Telecommunications , the  Central Bank , and Trade and Commerce might  not have dedicated 
interagency discussions on digital issues. The Minister of Commerce and Industry reiterated at the 
Forum the importance of internal coordinat ion and the necessity of such interaction.  
3.6.  A second key lesson was a  recognition of the importance of the strength and competitiveness 
of fundamental pillars of the digital economy , including telecommunications and the financial sector. 
With a young and d ynamic population willing to embrace new technologies, and private sector driven 
innovation, the initial barriers to digital growth might  actually be telecommunications policies that 
increase d the cost of internet access, pricing out many consumer and econ omic benefits, or financial 
sectors that lack ed the regulatory framework s needed to encourage digital advancements while 
ensuring market stability.   
3.7.  The Forum also highlighted the growing connection policymakers were drawing between digital 
developments a nd trade in physical goods, particularly in the area of blockchain and other 
technologies that could enhance traceability and transparency in key export sectors for Lao PDR,  
such as coffee, tea and other agriculture products.  
3.8.  The Forum also provided an ex cellent example of a truly demand -driven initiative which 
creatively leveraged both public and private sector funds and interest to achieve a meaningful policy 
dialogue to address an existing gap. The US  experience in working to implement the year -long 
initiative demonstrated that there were untapped resources within Lao  PDR and the region which 
were relatively easily unlocked thanks to an active group of Lao entrepreneurs . 
3.9.  In conclusion, his delegation was sharing th at brief update because it believe d that many 
Members might  be confronting similar challenges in their own countries, or perhaps there might  be 
some suggestions or recommendations from others who ha d undertaken similar efforts domestically 
and ha d perhaps established some lessons learn t or best practices for themselves that they might 
consider sharing more broadly within the Council.  
3.10.   The representative of Lao PDR express ed Lao's  appreciation to the United States, both for 
technical assistance and fruitful partnership in the area of  the digital economy. Th at effort was fully 
in line with the main relevant objectives set by the Laotian government, which aim ed at enabling its 
domestic producers and service providers to engage in a bigger market and at facilitating access to 
more quality pro ducts and services for domestic consumers.  
3.11.   Indeed, many issues were explored,  and numerous lessons learn t, during th at year-long 
initiative, encompassing the three Lao Digital Forum meetings attended by an interested and growing 
number of participants. The  initiative had been  warmly welcomed by  both the Lao public and private 
sector. His delegation  believe d that the cooperation could indeed become a point of reference for 
others and that it should be continued in all the three focus areas addressed through the Digital S/C/M/138  
 
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  Forums held throughout 2018 , namely  Digital Economy and MSMEs, Financial Technologies , and 
Supporting E -Commerce. Such follow -up effort s, which should continue to  be demand -driven, could 
be of important assistance in spreading information in re spect of available digital solutions, 
maintaining a meaningful dialogue between multiple stakeholders and coordinating ongoing public 
and private sector efforts in advancement towards a digital economy.  
3.12.   That was even more timely in light of  the launch of the work on electronic commerce at the 
WTO, in which Lao PDR want ed to take an active part, although it often felt lagging behind not only 
in proficiency, but also necessary resources as compared to other Members  that had already 
accumulated experience in t hat area. 
3.13.   His delegation would welcom e other Members ' feedback on the cooperation  initiative  as 
outlined by the U nited States . In addition, Lao PDR also  wished  to request additional constant 
support from development partners for technical assistance in th at area.  
3.14.   The representative of China  said that the WTO Work Programme on Electronic C ommerce 
mandated Members to share information on trade -related aspects of e -commerce at relevant WTO 
bodies, including the CTS.  Therefore, he was very glad to see the U nited States and Lao PDR sharing 
information on US -Lao PDR cooperation on digital trade issues and hope d to see more , similar 
sharing from other Members in the future, especially on the efforts in helping developing Member s 
and LDCs bridge the digital gap.   
3.15.   He wished to take th e opportunity  at that meeting  to introduce provisions regarding consumer 
protection and the liability of e -commerce platforms in China' s Electronic Commerce Law, which had 
come  into effect at the beginning of th at year.  
3.16.   Regarding cons umer protection , a sound consumer protection system was essential for the 
healthy and sustainable development of e -commerce. China's  E-commerce Law buil t on the existing 
legislations on consumer protection, and provide d tailored stipulations for related ac tivities, which 
include d the following.  
3.17.   First, e -commerce operators had to  fully, faithfully and accurately disclose in a timely manner 
the information on their goods or services to safeguard consumers ' right to be informed and to 
choose.  E-commerce oper ators were prohibited from conduct ing false or misleading commercial 
promotion by fabricating transactions or user comments or by any other means, to defraud or 
mislead consumers.   
3.18.   Second, w hen providing search results o n goods or services for consumers ba sed on their 
interest and preference, consumption habits, or any other characteristics, e -commerce operators 
had to simultaneously provide the consumers with the option  of not targeting their personal 
characteristics, and respect and equally protect their lawful rights and interests.  
3.19.   Third, where  e-commerce operators intend ed to perform tie -in sale of goods or services, they 
had to  alert consumers in a prominent way and were prohibited from  setting the said tie -in sale as 
a default option.   
3.20.   Fourth, where  e-commerce operators collect ed or use d the personal information of their users, 
they had to  comply with the provisions on the protection of personal information in the rele vant laws 
and administrative regulations.  
3.21.   Fifth, e -commerce operators had to  expressly specify the ways and procedures for searching, 
correcting and deleting user information and user deregistration, and were prohibited  from setting 
unreasonable condition s for such search, correction, deletion or deregistration.    
3.22.   Turning to  the liability of e -commerce platforms , that was an important i ssue i n the e -
commerce legislation of various Members. A few Member s stipulated that platforms were exempted 
from "non-IP contents created by third parties ". China had serious ly consider ed that issue during 
the drafting of the E -commerce Law. Many experts were of the view that e -commerce platforms 
were not purely information intermediaries, but were integrating other function s, such as releasing 
advertisements, assessing credits and providing financial services, etc.  In that context, the "Safe S/C/M/138  
 
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  Harbo ur" Principle could not  always apply to information intermediaries. It was necessary to 
determine their liability under different circumstances.  
3.23.   Bearing that in mind, and taking into account the opinions of various stakeholders, China's  E-
commerce Law assign ed different liabilities for e -commerce platforms under different situations, as 
followed. First, e -commerce platform operators bore civil liability, as goods sellers or service 
providers, for the goods or services marked with "self-operated business ", in accordance with Law.  
3.24.   Second, w here an e -commerce platform operator knew or should have known that an on -
platform business operator sold such goods or provide d such services as not meeting the 
requirements for guaranteeing personal and property safety or infringe d upon the lawful rights and 
interests of consumers, and fail ed to take necessary measures, the e-commerce platform operator 
had to  bear joint and several liability with the on -platform business operator in question.   
3.25.   Third, w here e -commerce platform operators fail ed to verify the qualifications or licenses of 
on-platform business operators that sold goods or provide d services which affect ed the life and 
health of consumers or  failed to fulfil the obligation of guaranteeing consumer safety, and as a result 
damages were caused to consumers, the e -commerce platform operators had to  assume 
correspond ing liability in accordance with  the Law. 
3.26.   Fourth, w here an e -commerce platform operator kn ew or should have known that an on -
platform business operator infringe d upon an intellectual property right, it had to  take necessary 
measures such as deleting, block ing, disconnecting links or terminating transactions and services, 
or, failing that, it had to  assume joint and several liability with  the infringer . 
3.27.   China was of the view  that enforcement of the relevant provisions could contribute to the 
achievement of v arious public policy objectives , such as consumer protection and IP protection. He 
encourage d Members to make suggestions in th at regard or  share relevant experiences of their 
domestic legislation in future discussions.  
3.28.   The representative of Australia  said that her delegation was pleased to contribute to the 
discussion s under th e e-commerce Work Programme  to share domestic experiences on addressing 
the opportunities and challenges of e -commerce.   At that meeting, she would share information 
about Austra lia's digital economy strategy, Australia' s Tech Future released in December 2018.  
3.29.   Australia 's Tech Future set out ways to address the opportunities and the challenges offered 
by technological change by focusing on four key areas:  first, developing digita l skills and ensuring 
inclusiveness ; second , ensuring that G overnment better deliver ed digital services ; third,  building 
infrastructure and providing secure access to high -quality data, and , fourth , maintaining cyber 
security and reviewing Australia's  regulatory systems.  
3.30.   Under each of th ose elements, the strategy set outcomes, identifie d opportunities and areas 
that need ed further focus, and outline d corresponding Government plans of action.  
3.31.   The strategy set out a number of industry examples, which demonst rated the benefits of 
digital technologies.  One key industry in Australia in which digital technologies ha d been 
transformative was agriculture.  Australian farmers were increasingly adopting new technologies to 
drive productivity gains and sustainable solu tions.  For example, Australian agricultural start -up 
SmartShephard had developed an innovative electronic tag that allow ed famers to record and 
monitor stock behaviour and make more informed decisions.  Other services industries that were 
taking advantage o f emerging digital technologies include d manufacturing, mining, tourism, 
education, transport, emergency services and health industries.  
3.32.   In order to ensure the benefits of the digital economy were maximised for all, Australia' s Tech 
Future outline d a number of strategies.  She would  mention three.  First, digital inclusion ha d the 
potential to support and improve the quality of life for some of the most disadvantaged and excluded 
in the community. Some strategies to ensure digital inclusion in Austral ia include d a 'telehealth ' 
initiative to allow Australians in rural areas to access health professionals via video consultations , 
and a  'Be Connected ' program me which help ed older Australians by improving their digital 
confidence, skills and online safety.  S/C/M/138  
 
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  3.33.   Second, improving access to, and use of, data while maintaining strong data safeguards was 
key to unlocking opportunities, including for MSMEs. Some initiatives include d legislative reforms to 
help streamline the public release of data , while maintaining appropriate privacy and security 
settings , and building trust , including development of an ethics framework , around the use of data 
focusing on Artificial Intelligence (AI) and machine learning.  
3.34.   Third, the strategy also ha d a focus on delivering digital Government services that were 
secure, fast and easy to use, including through the use of artificial intelligence.    
3.35.   A key aspect of Australia' s strategy was also ensuring th at the  international settings benefit ted 
businesses and consumers . Australia' s top di gital economy priorities in international engagement in 
2019 include d exploring, through collaboration and ongoing dialogue, how AI could  maximise global 
economic growth and wellbeing , focusing on digital inclusion for marginalised and underrepresented 
groups and s upporting the development of digital trade rules and application of international 
standards that support ed the uptake of digitalisation and digital trade.  Her delegation would  be 
happy to outline in more detail  the program mes Australia was underta king with other Member s in 
future discussions, including challenges addressed and lessons learn t.  
3.36.   Australia had considered a number of stakeholder views in developing Australia's  Tech Future 
strategy. Continued partnership with industry , both domestic and international businesses, 
community and academia would  be important in successfully implementing the strategy  and would 
ensure  that it was flexible and responsive to new challenges and opportunities as they arose . In 
order to ensure the Government 's strategy remain ed fit for purpose, in implementing the strategy 
Australia  would monitor how it was tracking against its stated objectives and outcomes , to identify 
where to further focus efforts  and track its performance relative to other coun tries in key areas 
where global metrics exist ed. 
3.37.   In conclusion, her delegation saw huge value in Members cooperating and learning from each 
other . She hoped that  information shared on its strategy might  be useful for other Members in 
considering their own approaches on the digital economy  and would like to hear from others on their 
experiences in that key policy area.  
3.38.   The representative of Senegal , speaking on behalf of the LDC Group , welcome d the 
information provided under th at agenda item with regard to its member Lao PDR. The Group  believe d 
that information of th at kind, concerning cooperation with LDCs on digital trade issues , was useful 
to exchange with Members of the Council .  
3.39.   The LDC Group wished to reiterate its support for continued work under the Work Programme.  
The Group was preparing its own internal workshop on e -commerce and LDC participation , as well 
as challenges. As far as work in the CTS was concerned, the Group would suggest that any ongoing 
work include specific analysis and examination o f the performance and situation of LDCs. The Group  
welcomed discussion of any relevant work on the impact of the Moratorium on LDCs.  
3.40.   The representative of Malawi , speaking on behalf of the  ACP Group , said that  work under the 
current mandate of  the 1998 Wo rk Programme  had not been exhausted and there was much more 
that needed to be done under the Work Programme's development dimension if WTO Members had 
to remain faithful to the multilateral mandate agreed by their Ministers at MC11. Despite rapid 
technolog ical developments, ACP members  remained challenged ; many were without access to basic 
ICT infrastructure, especially in rural communities , and lacked human and financial resources. In 
addition, many ACPs  were yet to develop the necessary strategies and ref orms to promote e-
commerce  and remained excluded from accessing any of the benefits which could be delivered 
through electronic commerce . He noted that t echnical assistance and capacity building  to assist 
developing countries and LDCs to develop such inter nal structures were still woefully insufficient. 
Many ACP countries , owing to size and ownership of services in their markets,  were not large enough 
to demand or influence the type of  services supplied, but, instead, were takers of those services, 
many of which were necessary if they were to make effective use of e-commerce  as an enabler for 
trade and development . Therefore, the y commended th ose Members which had shared information  
or experiences under th e Work Programme , as that had contributed  to some extent to  bridging the 
knowledge gap  on Members'  policies and regulatory regimes.   S/C/M/138  
 
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  3.41.   The ACP Group  supported the proposal to include UNCTAD's research paper titled "Growing 
Trade in Electronic Transmissions:  Implications for the South" at the upcoming General Council 
workshop o n the Moratorium  on custom duties on electronic transmissions . The Group considered it 
important to fully examine and appreciate the implications that the Moratorium was having , and 
could continue to have , on developing countries and LDCs. As they sought to digest various 
important elements of the paper, in the Group and individual ACP Capitals, they hoped that the wider 
Membership would  see the necessity and merit of discussing that pap er as well.  
3.42.   The ACP Group remained committed to the work under the 1998 Work Programme, as 
renewed by Ministers at MC11, and looked forward to a continued discussion, particularly on its 
development component, in various WTO Committees.  
3.43.   The representative  of South Africa , speaking on behalf of the African Group , reaffirmed the 
African Group 's previous statements on the Work Programme on E lectronic commerce. The 
reinvigoration of work under the Work Programme would have a dual benefit for the Group: it woul d 
serve as a platform for information -sharing and experiences in the multilateral process, and would 
also assist in their understanding and articulation for regional and continental efforts underway in 
that area. 
3.44.   In the past, the African Group ha d called o n Members to continue to examine e -commerce 
issues in a comprehensive manner in the WTO within the existing non -negotiating framework . The 
majority of Members in the African Group were of the view that it was premature to consider 
negotiating rules on e -commerce. The African Group had emphasised the need for Members, 
especially those who ha d become global digital leaders , to share their policy insights and specific 
government measures employed to support the development of e -commerce in their countries. She 
thank ed those Members which  had been forthcoming with information. She noted, however, that 
there ha d been very little substantive debate under th at agenda item in 2018, despite Ministerial 
guidance to continue work.  
3.45.   Africa, a continent with 55 countr ies, 44 of which were WTO Members, did not have adequate 
legislation in the e -commerce landscape. Based on UNCTAD 's Global Cyberlaw Tracker, of all the 
African countries, 56% ha d legislation on electronic transactions , 37% on consumer protection , 43% 
on pr ivacy and data protection and 52% on cybercrime. Further, the number of jurisdictions with 
competition regimes in Africa ha d rapidly expanded , from 13 in 2000 to more than 30 in 2017, 
reflecting the growing role of competition policy on the African develop ment agenda.  However, 
despite th at positive expansion of legislation and institutional development, the capacity to enforce 
it was limited.  
3.46.   The African Group  had emphasised in previous interventions that e -commerce and the digital 
space was highly asymmet rical and market share was highly concentrated. The world 's top four 
companies by capitalization were digital -based: Apple, Google, Microsoft and Amazon.  Companies 
in Africa and Latin America,  however , account ed for less than 2 percent of total market shar e. 
3.47.   With th at context in mind, the African Group was interested in learning more about recent 
developments in the e -commerce space. These include d: the introduction of a 'digital services ' tax 
in the OECD to address taxation concerns of technology and digit al giants, as well as the introduction 
of similar taxes by some Members ; the wave of consumer privacy laws and regulations such as the 
EU's GDPR and ePrivacy regulation , Canada 's Personal Information Protection and Electronic 
Documents Act , the Australian Privacy Act  and Japan 's Personal Information Protection Commission ; 
the anti -competitive practices of technology firms and digital platforms that might  be causing market 
distortions, restrictive trade practices and tax avoidance ; the challenges facing vendors, innovators, 
producers and consumers in the e -commerce space in developing countries ; and r egional efforts 
amongst Members, including development -related issues such as digital infrastructure, payment 
instruments, and policies associated with innov ation, research and development, including data flows 
and data localisation regimes.  
3.48.   In accordance with the African  Union's "Agenda 2063: The Africa We Want ", the African Group 
saw considerable potential in establishing strong links between industrial pol icy, ICT -related 
infrastructure and skills development that support ed the digital economy.  S/C/M/138  
 
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  3.49.   There was no consensus that the GATS was technologically neutral. Hence, the 
aforementioned elements for discussion under the Work Programme could serve as a useful  
mechanism to bridge the divergences and ha ve an honest appraisal about the various complexities 
associated with services market access, the classification of new services, and mode 1 and 2 delivery, 
in the e -commerce space.  In that regard, the Group saw  complementarities with the work in the 
Council  and the Committee on Specific Commitments.  
3.50.   The African Group had taken  note of the G eneral Council  Chair's announcement of a one -day 
workshop in April bringing relevant stakeholders together, the objective of which was to provide the 
terms of reference for future study of the Moratorium which the WTO would  undertake with other 
International Organisations. Unf ortunately, since the Group was  not given advance notice on  that 
announcement , the Group had not been  in a position to react at the last G eneral Council meeting.  
3.51.   After consultations, the Group wished to place on record its support for th e initiative and 
asked that the Chair convey to the Chair of the General Council  the African Group 's request to include 
on the agenda the introduction of UNCTAD 's Research Paper No. 29 on "Growing Trade in Electronic 
Transmissions: Implications for the South " as part of th at workshop. She would share a copy of this 
study to the Secretariat for circulation to Members.  
3.52.   Finally, the African Group  reiterate d the importance of the WTO collaborating with other 
International Organisations, notably on the coordinating and policy r ole they play ed in the e -
commerce space , i.e. ITU and UNCTAD.  
3.53.   With regard to the i nformation shared on the US–Lao PDR Cooperation on Digital Trade Issues , 
she said that South Africa took note of the information shared on the U S-Lao PDR cooperation on 
Digital Forums.  She had a  few questions and comments on that matter , and stress ed that it was 
purely for information purposes , in order to get a deeper understanding of that process from Lao 
PDR's perspective.  Specifically, she asked how, p rior to the collabora tion and cooperation with the 
United States, digital issues were being considered in Lao by different Ministries ; whether the 
programme provide d any new significant assistance to overcome , for example, the digital divide in 
Lao noting that , as that convers ation was better suited for the CTD, it might be relevant to raise  it 
in the context of th at new agenda item ; and what was the extent of the legislative cover of digital 
trade in Lao PDR and whether Lao PDR had a cyber or e -commerce policy in place .  
3.54.   She t hought that responses to th ose questions might  be useful for the entire Membership , 
because South Africa had also recognized the multitude of roles that different Ministries, regulators 
and agencies play ed in digital transformation. From South Africa's own  experience, it was extremely 
important for developing and least -developed countries to develop appropriate national and regional 
e-commerce strategies and policy responses to the digital transformation agenda , especially at a 
time whe n most developing and  least-developed countries were developing their own digital 
industrial policies and domestic regulations.  
3.55.   The representative of India appreciate d the interventions made by Members sharing their 
experiences in the realm of the digital economy and e -commer ce. India welcome d the MC 11 Decision 
reaffirming the 1998 Work Programme on Electronic Commerce,  which ha d a non -negotiating and 
exploratory mandate .   
3.56.   India had always maintained that while e -commerce ha d created new and exciting trade and 
investment oppo rtunities, it also pose d several new infrastructure and regulatory challenges which 
needed to be addressed, including the need for bridging the digital divide.   
3.57.   However , some Members were keen to have rules on ecommerce.  In that regard, India's  
considered view was that the gains from e-commerce should not be confused with the likely benefits 
of rulemaking in e-commerce. Her delegation believe d that  negotiation s on rules and disciplines in 
e-commerce would be highly premature at th at stage , espec ially given  the highly asymmetrical 
nature of the existing global e-commerce space.  UNCTAD 's recently released  2018 Trade and 
Development  Report was  a very timely warning to developing countries on how they could lose out 
to digital monopolies  unless they took charge of their trade and investment policies in the digital 
era. S/C/M/138  
 
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  3.58.   Her delegation also want ed to reiterate its serious concerns on having parallel discussions on 
e-commerce under the Joint Initiative with clear objectives of rulemaking . The latter  clearly run 
contrary to the exploratory mandate of the 1998 multilateral Work Programme, which ha d been 
reaffirmed by all Members at MC 11. India would continue to pursue th e multilaterally -mandated 
Work Programme  at the WTO.  
3.59.   She also wished to  inform Members that the G overnment of India , in consultation with 
stakeholders, was working on its National E -Commerce Policy, to be finalised soon. Th at Policy would  
inform India's  international engagement on th at important subject. The draft e-commerce policy was 
already in public domain for stakeholder consultations.   
3.60.   The representative of Côte d'Ivoire  thanked the United States for sharing its experience with 
regard to technical assistance related to e -commerce. His delegation was of the view that the  
initiative undertaken by the WTO in the context of the TFA negotiations, that consisted in carrying 
out a 'needs assessment' for Members, and LDCs and developing countries in particular, be repeated 
in the context of the work on electronic commerce. It wa s evident that LDCs and many developing 
countries faced significant information and infrastructure deficits which prevented them from fully 
engaging in e -commerce. A needs assessment initiative would also help better orient the technical 
assistance necessa ry to enable all Members to participate in the discussions.  
3.61.   The representative of Lao PDR  thanked all Members who had shown interest in the information 
shared on the Lao -US Cooperation on Digital Trade Issues, and especially South Africa for the 
questions  it had posed. He replied that Lao PDR's e-commerce Law was under development and the 
draft would be passed by the National Assembly hopefully that year. He would revert with further 
details at the following meeting of the Council.  
3.62.   The Chairman  said that there had been a suggestion to covey to the Chair of the General 
Council the African's Group request that UNCTAD 's Research Paper No. 29 be included in the April 
workshop on the Moratorium. He would ask the incoming Chairman to transmit the request.  
3.63.   The representative of  the European Union  asked for clarification on what would be conveyed  
with regard to the UNCTAD document , noting that the request had come  from the African Group and 
it had not come from the collective will of the Council . The Council  had n ot agreed in any way to the 
inclusion of the UNCTAD document , which , moreover,  his delegation  was not familiar with.  
3.64.   The representative of United States  wondered why the African Group's request needed to be 
conveyed by the Chairman of the CTS and  why the A frican Group could not just convey it directly, 
given that not all Members had agreed to th at request.  If there was an open invitation for Members 
to convey information through the Chairman, then other Members also needed  to have the 
opportunity to look at  the document and make their own recommendations as to whether the 
message should be conveyed. Not all Members had reviewed the UNCTAD document and not all 
Members agreed that that recommendation should be made.  
3.65.   The Chairman  clarified that he would convey  the information indicating  clearly  that it was a 
request by the African Group  only, not a recommendation or an agreement by the Council . 
3.66.   In response to the United States, the representative of South Africa  said that the Chair of the 
CTS was required to report to the Chair  of the General Council as per the Work Programme  Decision .  
She had clearly explained that the African Group  had not been consulted on the workshop o f 29 April 
on the e -commerce Moratorium, hence the Group was  raising the issue  in the C ouncil  so that the 
requests from the African and ACP Groups for the UNCTAD paper to be included in the workshop 
could  be communicated to the G eneral Council  Chair.  
3.67.   The Chairman  suggested that the  Council take note of the statements made  and said that the 
Council  would  revert to this item at its next meeting.  
3.68.   It was so agreed . S/C/M/138  
 
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  4  ITEM D: UPDATE OF THE SECRET ARIAT BACKGROUND NOT E ON MODE  4 – REQUES TED 
BY INDIA  
4.1.  The Chairman  recall ed that, at the previous  meeting, the delegation of India had  reiterated its 
request that the Secretariat Background Note on mode 4, contained in d ocument S/C/W/301, be 
updated. India's request had generated some discussion, including on the scope of the proposed 
update. Moreover, the proposal by India had prompted additional suggestions for possible 
Secretariat work, namely the updating of the other two modal papers, on modes 1&2 and on mode  3, 
and the preparation of a note that considered all the modes together, with an emphasis specifically 
on their interrelations hip.   
4.2.  The Council  had agreed that he would have further contacts with relevant delegations, to see 
if an agreement on the issue could be arrived at. He had  accordingly held some discussions with the 
delegations concerned, and th ose delegations ha d also be en in contact with each other.  
4.3.  The representative of India said that her delegation's  position was very transparent and 
accommodative . The Secretariat should update all its Background Notes , on modes 1 and 2, mode 3 
and mode 4. Besides, the Secretariat, as requested by one delegation, should also prepare an 
additional Note on inter -modal linkages.  In fact, at the previous  meeting, one delegation  had made 
a very valid point that Members  were still living in a world where commitments and limitations were 
scheduled in a modal way and that  technically it would be difficult to think out of the mode -specific 
approach.  
4.4.  Following the Council meeting in December 2018, her delegation  had met  bilaterally with those 
delegations which had expressed views on India' s request at that meeting. She underst ood that , 
while most delegations support ed the updating  of all modal Notes by the Secretariat as well as  the 
production of  one new Note on inter -modal linkages, one delegation continue d to have concerns.  
Her delegation w anted to keep Members informed of where things stood, and also  wished to  take 
the opportunity to express its sincere thanks to the Chairman and the Secretariat for their best 
efforts in trying to resolve th at issue.  
4.5.  The representative of Senegal , speaking on behalf of the LDC Group , expressed the Group's  
support for the request submitted by India to update the Secretariat background Note on mode 4. 
In updating the Note, the LDC Group would urge the Secretariat to include specific information on 
the priorities of LDC suppliers , including mode 4 measures identified by the LDC Group in its quest 
to operationalize the LDC services Waiver  and notifications with mode 4 entries, as well as 
limitations.  
4.6.  The representative of the Bolivarian Republic of Vene zuela also supported India's request for 
the Secretariat Note on mode 4 to be updated.  
4.7.  The representative of European Union  noted that although his delegation had  not intervened 
at the previous CTS meeting it had intervened before on that issue and would have welcomed being 
part of the conversations between meetings. He was not sure if the plan was to reach a decision at 
that meeting, but he had a couple of questions on India's proposal. First, he  wished to clarify if  
India's proposal now was that all the modal Notes should be updated , a proposal his delegation could 
live with,  and that, in addition,  India was endorsing the US proposal for  a new Note on inter -modal 
linkages. Second, listening to the LDC  Group's  specific suggestion s for the update of the mod e 4 
Note, he was not sure how  different that would be from the mode 4  Secretariat Note that  Members 
were familiar with . Answers to those questions would be necessary before a decision could be arrived 
at. 
4.8.  The representative of United States  said that his d elegation had appreciate d the conversations 
with the Secretariat and the delegation of India on th at issue,  although the United States  was still 
perplexed as to what the updated Note would achieve. H is delegation had suggested something 
more forward -lookin g and was a little disheartened that the interest s were so backward -looking. The 
1998 Note produced by the Secretariat on mode 4  had not change d much when it was  first updated 
in 2009. His delegation had looked at what  elements  of the 2009 Note could be brought up -to-date 
and had not seen much that could be updated . If the idea was to put a 2019 dat e on the 2009 paper, 
there was no interest on the part of his delegation.  S/C/M/138  
 
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  4.9.  The United States had therefore tried to suggest something new  which would capture the  
interest of other Members and contribute to the Council's discussions , namely a Note that would 
look at the interlinkages between all the modes of supply. India's response had been that it could 
agree to such a Note, as long as a stand -alone Note on mode 4, with a new date on an old paper, 
was also produced. His delegation could  maybe  agree to having a Note on mode 4 if the flaws of the 
1998 and 2009 Notes were removed, as some heavily caveated paragraphs  in those Notes admitted 
that several elements were not relevant to mode 4.  The United States was not the only delegation 
to point out when Secretariat papers  had flaws, as India had recently done in the General Council 
with regard to a different Secretariat paper. As such, it was clearly possible for Membe rs to state 
that old papers stood but no longer reflect ed where Members were at that point in time. While his 
delegation  was not suggesting "deleting" the 2009 Note, it could not agree to putting a new date on 
it and pretend that it was endorsing it . His delegation had put forward some constructive ideas; if 
those could not be agreed to , the Council was at an impasse.  
4.10.   Responding to the  question by the  European Union , the representative of India confirm ed that 
its suggestion was for the Secretariat  to update  all its Background Notes , on modes 1 and 2, mode 3 
and mode 4 . Besides, as requested by one delegation, the Secr etariat  could also prepare an 
additional Note on inter -modal linkages.  
4.11.   The Chairman  suggested that the Council take note of the statements made.  
4.12.   It was so agreed . 
5  ITEM E: CYBERSECURITY MEASUR ES OF CHINA – REQUES TED BY JAPAN   
5.1.  The Chairman  said that that item had been added to the agenda of the Council at the request 
of the delegation of J apan.  
5.2.  The representative of Japan  thanked China for responding to bilateral requests for 
consultations. H is delegation had requested that th e item be added to the  Council's  agenda in order 
to express its concerns on the following points with regard  to China's Cybersecurity Law and related 
proposed measures, namely: the obligation of data localization in China;   the obligation to conduct 
a security assessment on cross -border data transfers;  and ambiguous definitions of legal terms 
such as "network operators ", "critical data " and "critical information infrastructure. " 
5.3.  Japan continue d to bring th e matter before the Council  because the potential effects extend ed 
across all service sectors, ha d a bearing on the rights of many other Members, and therefore could 
disrupt business operations of foreign enterprises in China. For example, Japan  had a strong concern 
about China 's proposed measures of requiring the localization of data in China, as thes e could impose 
an additional burden on foreign enterprises and restrict cross -border data transfers, which were 
necessary for day -to-day business operations.  
5.4.  Japan request ed that  China ensure that the drafting measures did not unfairly hinder the level -
playing field of the business environment in China and were fully consistent with China 's international 
trade obligations.  
5.5.  At the previous Council meeting, China had responded that it was still improving and detailing 
relevant standards to define  terms  such as "critical data " and "critical information infrastructure ".  
Japan believe d that th ose were very important elements which could define the scope of the 
regulation.  Thus, his delegation wished to request once again that China carefully draft relevant 
definitions to ensure that the measures  at issue  were not used arbitrarily by the authorities and 
negatively impact ed the business operations of foreign enterprises in China.  
5.6.  Lastly, Japan expect ed that China would  provide reasonable advance notice and opport unities 
for all stakeholders to comment on the new draft implementing measures.  
5.7.  The representative of United States  expressed his delegation's support  for Japan 's intervention 
and share d Japan 's concerns regarding China 's cybersecurity measures, including with respect to 
their restrictions on cross -border transfers of information and data localization requirements.  S/C/M/138  
 
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  5.8.  As Members were aware, the United States  had submitted several communications on th at 
subject since 2017 , contained in documents S/C/W/374, S/C/W/376 and S/C/W/378.  His delegation 
would not reiterate all of th ose points at that meeting  but note d that the United States  and several 
other Members ha d expressed concerns regarding the trade -restrictive nature of th ose measures. 
In particular, his delegation continue d to have concerns about China 's proposed restrictions on 
"important data, " which would, in many cases, prohibit cross -border transfers of information that 
were routine in the ordinary course of business. The United States  also remain ed concerned about 
China 's data localization requirement for companies supplying services over the Internet in a broad 
range of "critical information infrastructure " sectors.  
5.9.  His delegation  continue d to urge China to revise the relevant sections of the Cybers ecurity Law 
and its draft implementing measures, to provide reasonable advance notice and opportunity for 
Members and stakeholders to comment on draft revisions, and to incorporate those suggestions in 
its revised measures.  
5.10.   The representative of Chinese Ta ipei thanked Japan for bringing the issue again to Members' 
attention and echoed the statement by the United States in that regard. In her delegation's view, 
Members' measures on international transfer of information would affect cross-border business 
operations and MSME's equal opportunities for market access. H er delegation still had concerns in 
that regard and would be happy to continue discussing the issue at future meetings.  
5.11.   The representative of China  noted that, i n recent years, certain Member s had c ontinued 
raising their concerns on the cybersecurity regulations adopted by China. China ha d provided 
comprehensive feedbacks to their questions at previous meetings.  Cybersecurity was a global 
challenge, and there was no one -size-fits-all solution for each individual Member. China ke pt 
exploring ways to address th ose challenges, and in that  process  would continue to welcome and 
consider constructive suggestions from different stakeholders.  
5.12.   China was  still in the proce ss of drafting the implementing measures of the Cybersecurity 
Law, and  his delegation had provided explanations on relevant legislations and measures at the 
previous  five CTS meetings.  His delegation was disappointed to see Japan raising th e subject  again 
at that meeting, although th ose issues  had been addressed in China's  previous statements.  
5.13.   Japan had raised three concerns in its statement. First, about the requirement for data 
localization in China. Second, about the requirement to conduct a security ass essment on cross -
border data transfers. Third, on definitions of legal terms such as "network operators ", "critical data " 
and "critical information infrastructure ". Most of th ose questions ha d been responded to at the 
Council  meeting of December  2018. Yet, his delegation was  willing to respond to them again at th at 
meeting.  
5.14.   Regarding the "data localization requirements " and "security assessment ", relevant 
requirements were designed to guarantee the lawful, orderly and free flow of information, and were 
in line with existing WTO rules. According to the Cybersecurity Law, critical information infrastructure 
operators were allowed to transfer personal information and important data after a security 
assessment, in case it was truly necessary to transfer relevant information outside China.  
5.15.   Regarding the so -called "ambiguous definitions of legal terms ", the Cybersecurity Law of 
China provided quite clear definition s of relevant terms. For instance, Article 31 of the Law define d 
"critical information infrastructure " as follow ed: "public communication and information services, 
power, traffic, water resources, finance, public service, e -government, and other critical information 
infrastructure which —if destroyed, suffering a loss o f function, or experiencing leakage of data —
might seriously endanger national security, national welfare, the people 's livelihood, or the public 
interest ". 
5.16.   By way of  comparison, the Second Action Plan on Information Security Measures for Critical 
Infrastru ctures of Japan define d "critical infrastructure " as follow ed: "'critical infrastructure ' as 
follows  is the basis of people 's social lives and economic activities formed by businesses that provide 
services which are extremely difficult to be substituted by  others if its function is suspended, 
deteriorated or become unavailable, it could have significant impacts on people 's social lives and 
economic activities ". S/C/M/138  
 
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  5.17.   His delegation was  not convinced about what ma de the Chinese definition more "ambiguous " 
than the  Japanese one. He hoped that  Japan could provide more clarification on its definitions of 
relevant terms in the coming meetings.  
5.18.   The representative of New Zealand  welcomed China's remarks at the previous meeting and 
at that meeting and its efforts to welco me suggestions from interested parties with a view to ensur ing 
that its regulations were  drafted in a way that was  clear and non -discriminatory. His delegation 
appreciated the update  that China was still in the process of drafting the implementing measures  of 
the Cybersecurity Law. New Zeeland welcome d further  information about how China intended to 
proceed with implementation of the Law  and clarity around the timelines of the subsequent 
regulations . 
5.19.   The Chairman  suggested that the Council take note of the statements made.  
5.20.   It was so agreed . 
6  ITEM F: CYBERSECURITY MEAS URES OF VIET NAM – REQUESTED BY JAPAN AN D THE 
UNITED STATES  
6.1.  The Chairman  said that th e item had been added to the agenda of the Council at the request 
of the delegations of Japan and the United States.   
6.2.  The representative of Japan  said that, as his delegation  placed great emphasis on th at issue, 
Japan and the United States ha d once again re gistered th e issue on the Council's agenda.  In addition 
to the exchange at the Council , Japan was grateful that Viet  Nam was engaging in  bilateral dialogue s, 
which ha d proven fruitful in many ways. In addition to raising questions at the Council meeting, his 
delegation hoped to find solutions that would  be acceptable to both sides through close 
communication between Geneva and each Capital.  
6.3.  Like other Members, Japan had s ubmitted comments to the Government of Viet Nam on the 
draft decree relating to the L aw on Cybersecurity. Japan request ed that the Vietnamese government 
appropriately incorporate Japan's  inputs and requests when drafting the related laws and 
regulations.  
6.4.  Japan appreciate d Viet Nam's efforts to narrow the scope of the obligation of data lo calization 
and establishment of  a local presence in Vie t Nam. On the other hand, there still remain ed some 
ambiguous articles which could potentially undermine the operations of foreign enterprises. In th at 
regard, at the bilateral meeting, the Vietnamese government  had explained that it was addressing 
Japan 's concerns by carefully reviewing the draft decree so as not to cause misunderstanding s 
because of vague terminology and provisions, and also for th at his delegation wished to express its 
appreciation f or Viet  Nam's constructive consideration.  
6.5.  Lastly, Japan expect ed that Viet Nam would  continue to ensure transparency and take into 
consideration the inputs of all stakeholders before finalizing the laws and regulations.  
6.6.  The representative of United States  said that, a s noted at the Council meeting in December, 
the United States appreciated the opportunity to comment on Viet  Nam's draft decree implementing 
the Cybersecurity Law.  While the draft decree  had narrowed the scope of the Law's data localization 
and local presence provisions, it still raise d concerns about potential impacts on foreign service 
suppliers.   
6.7.  As Viet Nam revise d the draft decree, the United States  urged Viet Nam to carefully consider 
Members ' comments and to continue to narrow the draf t's scope in order to ensure that the Law was 
implemented in the least trade -restrictive manner possible.   
6.8.  His delegation looked forward to seeing the revised draft and urge d Viet Nam to provide 
reasonable advance notice and opportunity for Members and stakeholders to comment on draft 
revisions. The United States  also urge d Viet Nam to seriously consider and incorporate Members ' 
comments on any revised draft. His delegation would welcom e any further updates from Viet Nam 
at that meeting .   S/C/M/138  
 
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  6.9.  The representative of Canada  reiterated her delegation's concerns on Viet Nam's cybersecurity 
measures as expressed at previous Council meetings and echoed the comments made by other 
Members in the Cou ncil.  At the December meeting of the Council, Viet Nam had indicated that there 
would be a supplementary period of consultations and her delegation encouraged Viet Nam to 
provide  an update on recent developments on that issue.  
6.10.   The representative of Austra lia said that her delegation's statement built on the statements 
Australia had delivered on th at agenda item and related agenda items at previous meetings. 
Australia would  continue to make statements on Member s' cyber security  measures as new 
developments a rose.  
6.11.   She thank ed Viet Nam for engaging with Members on their cybersecurity measures.  Australia 
share d other Members ' concerns with a number of concepts in Viet  Nam's Cyber Security Law.  In 
that regard, Australia had provided feedback on Viet  Nam's draft decree implementing the new Law. 
Her delegation underst ood that  Viet Nam was  currently preparing a second draft of the decree 
implementing the new Law, and  strongly encourage d Viet Nam to provide a period for public 
consultation.  Australia looked forward to continuing to work with Viet Nam on the implementation 
of the Cyber security Law and thank ed Viet Nam for its engagement on th at matter.  
6.12.   In line with his delegation's previous interventions in the Council, t he representative of 
New Zealand  continu ed to have a strong interest in the revision of the draft decree and urged  
Viet Nam to continue to engage with stakeholders so that they may effectively input into the 
consultation process before final regulations were implemented. New Zealand reiterated the 
importance of those regulations remaining consistent with Viet Nam's  GATS commitments and of 
ensuring that the requiremen ts, including regarding local storage of data and limitations on cross -
border transfer of data, not unduly act as a barrier to foreign  service suppliers, putting business at 
a potential commercial disadvantage.  
6.13.   The representative of Viet Nam  said that, at the previous Council meeting  in December 2018 , 
his delegation had explained that the draft decree implementing certain articles of the Cybersecurity 
Law narrowed down the scope of some  specific obligations to only national security issues, in order 
to avoi d affecting normal business operations to the greatest extent possible . He reiterated  that 
Viet Nam's legislative drafting process of the Cybersecurity Law in general, and of the implementing 
decrees in particular, was transparent  and democratic, whereby a ll interested  stakeholders , whether 
private or public, domestic or foreign, were welcome to provide comments within a certain  time-
frame prescribed by  law. He stressed that his delegation remain ed ready to engage with interested 
Members  to provide further explanations if requested.  
6.14.   The Chairman  suggested that the Council take note of the statements made.  
6.15.   It was so agreed . 
7  ITEM H: OTHER BUSINESS  
7.1.  As indicated at the start of the meeting, the Chairman  provided Members with a quick account 
of the stat e of his consultations on the appointment of Chairpersons to the subsidiary bodies of th e 
Council for  Trade in Services for  2019. As Members  knew, following the announcement at the 
February meeting of the General Council and the communication sent to Members on 4 March, the 
previous  week he had  held a series of meetings with Group Coordinators as well as with other 
delegations wishing to make proposals in th at regard.  In accordance with the Guidelines for the 
Appointment of Officers to WTO Bodies of 2002, in order to ensure balance in the proposed slate of 
names for the Chairmanships of the subsidiary bodies, he had also been consulting with the 
Chairman of the Goods Council.   
7.2.  At that point, he was  not yet in a position to suggest a slate of names for the Chairpers onship s 
of the CTS subsidiary bodies. He was  continuing with his consultations and  hoped to be able to revert 
to Members  with a proposed slate in the following  weeks.  
7.3.  The representative of the European Union  wished to draw the Membership 's attention to the  
communication  contained in document  S/L/429 with respect to the EU -25 Consolidated Schedule of 
Commitments.  In that communication, the European Union had informed Members that its S/C/M/138  
 
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  consolidated schedule, contained in documents S/C/W/273, Corr.1 and Suppl.1 , had entered into 
force on 15 March 2019.  That put an end to a process that had started in 2004.  
7.4.  At that time, the European Union had launched a procedure to modify the EU schedule of 
specific commitments. Th at had  proved to be necessary because the original EU schedule had been  
established in 1994 and therefore only covered the 12 Member States of the European Union at that 
time. To ensure that the 13 Member States that  had joined the European Union in 1995 and 200 4 
aligned some of their commitments with th ose of  other  Member States, it had been  necessary to 
modify their individual schedules and consolidate them with the existing EU schedule.  
7.5.  Subsequently, the European Union had negotiated and reached 17 bilateral c ompensation 
agreements with th ose Members which had claimed to be affected by the modifications.  Following 
relevant WTO procedures, the consolidated EU schedule had been  certified in November 2006.  At 
that point in time, and in document S/L/286, it had bee n established that the consolidated EU 
schedule would enter into force on a date to be specified by the European Union , after the EU internal 
decision -making procedures for the conclusion of the bilateral compensation agreements had been  
completed.  
7.6.  Those procedures ha d recently been completed and the European Union had therefore been in 
a position to notify Members of the date of entry into force of its consolidated schedule.  
7.7.  A representative of the Secretariat  noted that, with respect to the Secretariat's  technical 
assistance activities on trade in services planned for 2019, the dates of 16 -20 September had been 
confirmed for the Geneva -based Advanced Trade in Services Course. The Course was targeted at 
mid- to senior -level government officials directly in volved in trade in services policy formulation 
and/or in the conduct of services negotiations.   
7.8.  The representative  then recalled that the website of the United Nations Statistics Division 
(UNSD) no longer provided access to the Provisional Version of the Central Product Classification  
(CPC)  or the correspondence tables between the Provisional CPC and later classifications. Upon 
New Zealand's request, the Secretariat had been in regular and repeated contact with UNSD on that 
issue. It had learnt that the pr oblem appear ed to stem from an IT migration issue at the UN. The 
UN Statistics Division had made some changes to its website last year , in order to improve the 
situation , but was still facing some technical difficulties. UNSD, however, fully underst ood the 
importance of making all versions of the CPC classification and correspondence tables available on 
its website.   
7.9.  While UNSD  continue d to work on fixing the problem, it ha d put in place a provisional solution 
that enable d users to download all the av ailable PDF versions of CPC, as well as ISIC classifications. 
The weblink to access all th ose documents ha d been made available on the WTO Member's services 
webpage.  The Secretariat would  continue to engage with UNSD, to convey the urgency of the issue, 
and aim ed to report back to the Council in the future.  
7.10.   The representative of New Zealand  thanked the Secretariat for its efforts and for keeping 
Members  updated on that issue.  He was happy to learn that some progress was being made with 
UNSD. The issue was o f great importance to all Members and he would welcome as soon as possible 
an indication of the timeframe for the definitive resolution of the problem . 
7.11.   The representative of Chile thanked the Secretariat and UNSD for their efforts in getting those 
essentia l instruments back online. The representative of China  also wished  to express  its gratitude 
to the Secretariat for its efforts and to New Zealand for bringing the issue to Members' attention.  
7.12.   The Chairman  said that the Council would take note of the statements made.   
7.13.   It was so agreed . 
8  ITEM I: APPOINTMENT OF THE N EW CHAIRPERSON  
8.1.  Based on the consensus reached in the General Council, the Chairman  was very happy to pass 
on the Chairmanship of the Council for Trade in Services to Ambassador Muylle of Belgium. He was S/C/M/138  
 
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  confident that, with his experience, knowledge and wisdom, Ambassador Muylle would  guide the 
future work of the Council capably and efficie ntly.  
8.2.  As the outgoing chairperson of the Council, he said that,  during the previous  year, he had 
enjoyed working with Members and ha d appreciated  delegations'  cooperative and constructive spirit 
in fulfilling the mandate of the Council. He then propose d that the Council elect Ambassador Muylle 
by acclamation as the new Chairperson . 
8.3.  It was so agreed . 
8.4.  The new Chairman , Ambassador Muylle, thank ed Ambassador Suescum for his kind words , 
hard work and efforts during the previous  year, which  had clearly borne fru it and were certainly 
orienting and paving the way forward for the Council for Trade in Services over the following year . 
He also wish ed to thank all  Members  for their trust and confidence and hoped that he would live up 
to Members' expectations . He would do his best to chair the Council in the most efficient way possible 
and was confident that with Members'  cooperation, and the Secretariat's assistance, Members  would 
be able to make some good progress over the months that followed . 
8.5.  The representative of Senegal , speaking on behalf of the LDC group , thanked the outgoing 
Chairman for his efforts and congratulated Ambassador Muylle on his election.  
8.6.  The Chairman  suggest ed that the Council take note of the statements made.   
8.7.  The meeting was adjourned . 
________ __