JOB/GC/221  
 
15 October  2019 
(19-6672) Page: 1/2 
General Council    
 
 
AGENDA ITEM 2 : IMPLEMENTATION OF TH E BALI, NAIROBI AND BUENOS AIRES 
OUTCOMES – STATEMENT  BY THE CHAIR  
TUESDAY, 15 OCTOBER  2019 
1.1.  Let me begin with my report on discussions under the Work Programme on Electronic 
Commerce. As you know, at MC11, Ministers agreed to continue and reinvigorate the Work 
Programme; instructed the General Council to hold periodic reviews; and agreed to conti nue the 
practice of not imposing customs duties on electronic transmissions. At the July General Council 
review of the Work Programme, I informed Members that I would consult broadly after the summer 
break, given the December 2019 expiry of the moratorium.   
1.2.  In that regard, I convened an Informal Open -ended meeting on 1 October to get a general 
sense of Members' views. It was clear from that meeting that views on the scope and implications 
of the moratorium remain divergent. Some delegations requested furthe r discussions.  
1.3.  Following that meeting, I invited all Members to bilateral consultations on the way forward with 
respect to both the Moratorium and the Work Programme. Thus far, only a few delegations have 
come forward to consult with me. I strongly urge a ll delegations to engage in these consultations 
which remain Member -driven, inclusive and transparent.  
1.4.  As I mentioned at the Informal meeting, I remain ready to meet delegations in an effort to 
make progress on this matter, and I hope that a possible draf t decision can be presented to the 
General Council for its consideration.  
1.5.  I also note that a specific item on the Work Programme and the moratorium on e -commerce 
has been included in the Agenda by Switzerland and other co -sponsors and will be taken up lat er on 
in the meeting.  
1.6.  Regarding TRIPS Non -Violation and Situation Complaints, under the Buenos Aires Decision, the 
TRIPS Council is directed to continue its examination of scope and modalities for such complaints 
and make recommendations by the end of 2019 , when the moratorium on bringing such complaints 
will expire. Members' discussions at the TRIPS Council meetings this year have shown signs of 
increased activity, but this has not yet resulted in any tangible submission or new proposals.  
1.7.  Since the summer  break, the Chair of the TRIPS Council has been holding focused consultations 
with a view to intensifying the substantive engagement, and to finding a permanent solution to this 
issue. As usual, the item of non -violation complaints is also on the agenda of  the next TRIPS Council 
meeting and I would encourage delegations to engage on substance regarding the merits of the 
TRIPS non -violation moratorium.  
1.8.  As it is the case for e -commerce, a specific item on the TRIPS moratorium has also been 
included in the ag enda of this meeting at the request of Chile and other co -sponsors.  
1.9.  Moving to the review of the Bali Decision on TRQ Administration, the General Council is 
expected to take a decision on the recommendations arising from the review no later than 
31 December  2019, unless Members agree otherwise.  
1.10.   The objective of the Review is to promote improvement in the utilization of TRQs and to 
specifically consider the issue of the future operation of paragraph 4 of the Underfill Mechanism. On 
this issue, Members appear  to agree towards seeking an extension of the timeline to finali ze JOB/GC/221  
 
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  recommendations on its future operation. Members have been engaged and have shown 
commitment to arrive at an agreed language to propose such an extension without altering the 
overall balanc e of the original Bali TRQ Decision.  
1.11.   The Chair of the Committee on Agriculture will organise additional informal meetings and 
consultations to enable Members to reach an agreement on the report of the Review and the 
associated recommendations by the Octob er 2019 meeting of the Committee. The agreed 
recommendations will be forwarded to the General Council for a decision.  
1.12.   Regarding the implementation of the Nairobi Decision on Export Competition by Members with 
scheduled export subsidies commitments, eleven  Members1 have now had their revised schedules 
certified; and two Members2 have circulated draft revised schedules, for which the certification 
process is ongoing.  
1.13.   With respect to the Decision on the LDC Services Waiver and the Decision on Preferential 
Rules of Origin for LDCs , both the Services Council and the Committee on Rules of Origin are 
scheduled to meet after this General Council meeting. I will provide a more substantive report at 
our next meeting following their respective discussions.  
1.14.   I cannot rep ort any changes on the Monitoring Mechanism. Positions are also unchanged on 
Duty Free Quota Free market access for LDCs, in particular with respect to the divergent views on 
the background paper by the Secretariat which should inform the DFQF annual revie w. The CTD 
Chairman has been holding informal discussions with some delegations, in an effort to find a way 
forward on both matters.  
1.15.   On Aid for Trade, at the next meeting in November, the CTD Chairman will outline his thoughts 
on the process for a new Aid  for Trade work programme for the 2020 -2021 period. This meeting will 
be preceded by a workshop on SMEs and Access to Finance.  
1.16.   And lastly, on Trade Facilitation, since my last report there have been additional ratifications, 
bringing the overall number to 146.  There are also some positive developments on the notifications 
side, as 45 implementation notifications have been received – this means the notifications related 
to Categories A, B, or C. This is especially important given the deadline on 22 August f or developing 
country Members to submit their definitive Category C implementation dates. Out of the 
60 developing  country  Members that have designated Category C commitments so far, 55 have 
presented definitive dates, meaning the 92% of the total.  
 
__________  
 
1 Australia, Colombia, Iceland, Israel, Mexico, Norway, South Africa, Switzerland, Turkey, the United 
States and Uruguay.  
2 European Union and Canada.