RESTRICTED  
  
WT/GC/M/188  
 
22 February 2021  
(21-1468) Page: 1/206 
General Council  
16-18 December 2020    
 
MINUTES OF MEETING  
HELD IN VIRTUAL FORMAT ON 16 -18 DECEMBER 2020  
Chairperson: H.E. Dr. David Walker (New Zealand)  
On behalf of the General Council, t he Chairman extended deep condolences to the delegation of 
Eswatini and through them to the Government and People of Eswatini for the demise of the Prime 
Minister of the Kingdom of Eswatini, His Excellency, the Right Honourable Prime Minister Ambrose 
Mandv ulo Dlamini . The representative of  Eswatini  spoke .1 
 
The Chairman bade farewell to H.E. Mr. Mohammad Qurban Haqjo (Afghanistan), H.E. Dr. Zhang 
Xiangchen (China), H.E. Ms. Katrina Naut (Dominican Republic),  H.E. Mr. Alaa Youssef (Egypt), H.E. 
Mr. Yusupha Alieu Kah (The Gambia), H.E. Mr. Penda Naanda (Namibia) and H.E. Mr. Dennis Shea 
(United States)  and to H.E. Ms. Sunanta Kangvalkulkij (Thailand), the 25th Chair of the WTO General 
Council  and expressed appreciation for their valuable contribution during t heir time as Permanent 
Representatives.  
 
Subjects discussed2: 
 
1   REPORT ON INFORMAL TNC AND INFORMAL HODS MEETINGS  ................................ .... 4 
2   IMPLEMENTATION OF THE BALI, NAIROBI AND BUENOS AIRES OUTCOMES – 
STATEMENT BY THE CHAIRMAN  ................................ ................................ .......................  5 
3   WORK PROGRAMME ON SMALL ECONOMIES – REPORT BY THE CHAIRMAN OF 
THE DEDICATED SESSION OF THE COMMITTEE ON TRADE AND DEVELOPMENT  ...............  9 
4   THE DEVELOPMENT ASSISTANCE ASPECTS OF COTTON  ................................ .............  13 
4.1   Action Plan to Enhance Support for Cotton By -Product Development in LDCs –  
Draft General Council Declaration – Communication from Burkina Faso on Behalf  
of the C -4 and Côte d'Ivoire  ................................ ................................ ................................ 13 
4.2   Statement by Deputy Director -General  ................................ ................................ .......... 19 
5   TWELFTH SESSION OF THE MINISTERIAL CONFERENCE – DATE AND VENUE  ............  20 
6   WORK PROGRAMME ON ELECTRONIC COMMERCE  ................................ .....................  27 
6.1   Reports by the Chairs of the Council for Trade in Goods and  the Council for  Trade in  
Services  ................................ ................................ ................................ ............................ 27 
6.2   Work Programme on Electronic Commerce and Moratorium on Imposing Customs  
Duties  on Electronic Transmissions – Request from India ................................ ........................ 29 
6.3   Reinvigorating the Work Under the 1998 Work Programme on Electronic Commerce – 
Communication from South Africa and India  ................................ ................................ ......... 29 
 
1 The full statement can be found in Annex 1.  
2 The proposed agenda was circulated in document WT/GC/W/813.  WT/GC/M/188  
 
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  7   TRADE RELATED CHALLENGES OF THE LEAST DEVELOPED COUNTRIES AND  
WAY FORWARD: A DRAFT FOR MC DECISION – COMMUNICATIONS FROM  
CHAD ON BEHALF  OF THE LDC GROUP   ................................ ................................ ...........  45 
8   COVID -19 AND BEYOND: TRADE AND HEALTH – STATEMENT BY CO -SPONSORS 
OF WT/GC/223  ................................ ................................ ................................ ..............  54 
9   PROPOSAL ON AG RICULTURE EXPORT PROHIBITIONS OR RESTRICTIONS  
RELATING  TO THE WORLD FOOD PROGRAMME  ................................ ..............................  66 
9.1   Draft General Council Decision – Communication from Albania; Angola; Australia; the 
Kingdom of Bahrain; Bangladesh; Brunei Darussalam; Canada; Chile; Colombia; Ecuador; the  
European Union; Grenada; Guyana; Iceland; Indonesia; Israel; Japan; the Republic of Korea; 
Liechtenstein; Malawi; Ma laysia; Mali; Mexico; the Republic of Moldova; Mongolia; Montenegro; 
Myanmar; New Zealand; Norway; Paraguay; Peru; the Philippines; Qatar; Samoa; the Kingdom  
of Saudi Arabia; Singapore; the Solomon Islands; Switzerland; the Separate Customs Territory  
of Taiwan, Penghu, Kinmen and Matsu; Ukraine; the United Arab Emirates; the United Kingdom; 
the United States; Vanuatu and Viet Nam  ................................ ................................ ............. 66 
9.2   Communication from Singapore  ................................ ................................ ................... 66 
10   IMPORTANCE OF MARKET -ORIENTED CONDITIONS TO THE WORLD TRADING 
SYSTEM – JOINT STATEMENT BY B RAZIL, JAPAN, AND THE UNITED STATES  .................  76 
11   PROCEDURES TO STRENGTHEN THE NEGOTIATING FUNCTION OF THE WTO – 
STATEMENT BY THE UNITED STATES  ................................ ................................ .............  84 
12   STRENGTHENING THE WTO TO PROMOTE DEVELOPMENT AND INCLUSIVITY – 
COMMUNICATION FROM THE AFRICAN GROUP, CUBA, AND INDIA  ................................  90 
13   TRIPS COUNCIL MATTERS  ................................ ................................ .......................  96 
13.1   Annual Review of the Special Compulsory Licensing System – Paragraph 7 of the Annex  
to the Amended TRIPS Agreement and Paragraph 8 of the Decision on the Implementation of 
Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health – Report of 
the Council for TRIPS ................................ ................................ ................................ .......... 96 
13.2   Status Report on the Consideration by the TRIPS Council of the "Proposal for a Waiver  
from Certain Provisions of the TRIPS Agreement for the Prevention, Containment and  
Treatment of COVID -19" – Statement by the Cha ir of the Council For TRIPS  ............................. 97 
14   WAIVERS UNDER ARTICLE IX OF THE WTO AGREEMENT  ................................ ....... 111  
14.1   Introduction 0f Harmonized System 2002 Changes into WTO Schedules of   
Tariff Concessions – Draft Decision  ................................ ................................ .....................  111 
14.2   Introduction of Harmonized System 2007 Changes into WTO Schedules of   
Tariff Concessions – Draft Decision  ................................ ................................ .....................  111 
14.3   Introduction of Harmonized System 2012 Changes into WTO Schedules of   
Tariff Concessions – Draft Decision  ................................ ................................ .....................  111 
14.4   Introduction of Harmonized System 2017 Changes into WTO Schedules of   
Tariff Concessions – Draft Decision  ................................ ................................ .....................  111 
14.5   Review of Waivers Pursuant to Article IX:4 of the WTO Agreement  ...............................  111 
14.5.1    Preferential Treatment in favour of Services and Service Suppliers of  
Least -Developed Countries, granted on 17 December 2011 until 31 December 2030  ................  111 
14.5.2    Preferential tariff treatment for least -developed countries, granted  
on 16 October 2019 until 30 June 2029  ................................ ................................ ..............  111 
14.5.3    Cuba – Article XV:6 – Extension of waiver, granted on 7 December 2016 until 
31 December 2021   ................................ ................................ ................................ ..........  112 
14.5.4    European Union – Application of Autonomous Preferential Treatment to the 
Western  Balkans, granted on 7 December 2016 un til 31 December 2021   ...............................  112 
14.5.5    United States – African Growth and Opportunity Act, granted on 30 November 2015  
until 30 Septembe r 2025  ................................ ................................ ................................ .. 112 WT/GC/M/188  
 
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  14.5.6    United States – Caribbean Basin Economic Recovery Act, granted  
on 16 October 2019  until 30 September 2025  ................................ ................................ ..... 112 
14.5.7    United States – Former Trust Territory of the Pacific Islands, granted  
on 7 December 2016 until 31 December 2026  ................................ ................................ ..... 112 
14.5.8    United States – Trade Preferences granted to Nepal, granted on 7 December 2016   
until 31 December 2025   ................................ ................................ ................................ .. 112 
15   REVIEW OF WTO ACT IVITIES  ................................ ................................ ................  113  
15.1   General Council, Dispute Settlement Body and Trade Policy Review Body  ......................  113 
15.2   Sectoral Councils and Committee on Agriculture  ................................ .........................  113 
15.3   Committees on Trade and Development, Trade and Environment, Balance -of-Payments 
Restrictions, Budget, Finance and Administration, and Regional Trade Agreements  ..................  113 
15.4   Working Group on Trade and Transfer of Technology   ................................ ..................  113 
15.5   Committees under the Plurilateral Trade Agreements  ................................ ..................  113 
16   APPOINTMENT OF OFFICERS TO WTO BODI ES – ANNOUNCEMENT BY THE 
CHAIR  PURSUANT TO PARAGRAPH 7.1(A) OF THE GUIDELINES  ................................ .. 114  
17   COMMITTEE ON BUDGET, FINANCE AND ADMINISTRATI ON – REPORTS  
ON MEETINGS OF OCTOBER AND NOVEMBER 2020  ................................ ......................  114  
18   OTHER BUSINESS  ................................ ................................ ................................ .. 116  
18.1   G20 Leaders' Declaration – Riyadh Summit – Statement by the Kingdom  
of Saudi Arabia  ................................ ................................ ................................ ................  116 
18.2   Procedural Guidelines for WTO Councils and Committees Addressing Trade Concerns – 
Statement by the European Union  ................................ ................................ ......................  117 
18.3   International Year of the Creative Economy for Sustainable Development 2021 –  
Statement by Oman  ................................ ................................ ................................ .........  118 
18.4   WTO Virtual Meetings – Statement by Oman  ................................ ..............................  119 
18.5   Process of Appointment of the Next Director -General – Statement by the Chairman  ........  120 
ANNEX 1 – STATEMENT BY THE  KINGDOM OF ESWATINI ON THE DEMISE OF HIS 
EXCELLENCY, THE RIGHT HONOURABLE PRIME MINISTER AMBROSE MANDVULO 
DLAMINI  ................................ ................................ ................................ ......................  121  
ANNEX 2 – STATEMENTS BY THE GENERAL COUNCIL CHAIRMAN AND BY DEPUTY 
DIRECTOR -GENERAL KARL BRAUNER – CHAIRING THE MEETING AND REPRESENTING 
ALL DEPUTY DIRECTORS -GENERAL AND REPORTS BY THE CHAIRS OF THE  
NEGOTIATING  GROUPS AT THE I NFORMAL TNC AND INFORMAL HODS  
MEETINGS HELD ON 14 DECEMBER 2020  ................................ ................................ ..... 122  
ANNEX 3 – STATEMENTS BY MEMBERS AT THE INFORMAL TNC AND INFORMAL  HODS 
MEETINGS HELD ON 14 DECEMBER 2020  ................................ ................................ ..... 134  
ANNEX 4 – STATEMENT BY MOROCCO ON THE REPORT ON THE INFORMAL TNC AND 
INFORMAL HODS MEETI NGS (AGENDA ITEM 1)  ................................ ...........................  201  
ANNEX 5 – STATEMENTS BY EL SALVADOR, MYANMAR, NIGERIA AND THAILAND ON 
THE PROPOSAL ON AGRICULTURE EXPORT PROHIBITIONS OR RESTRICTIONS 
RELATING  TO THE WORLD FOOD PROGRAMME (AGENDA ITEM 9)  ...............................  202  
ANNEX 6 – STATEMENT BY OMAN ON THE STATUS REPORT ON THE CONSIDERATION 
BY THE TRIPS COUNCIL OF THE "PROPOSAL FOR A WAIVER FROM CERTAIN 
PROVISIONS  OF THE TRIPS AGREEMENT FOR THE PREVENTION,  
CONTAINMENT AND TRE ATMENT OF COVID -19" (AGENDA ITEM 13)  ...........................  204  
ANNEX 7 – STATEMENT BY CHAD (LDCS) ON THE REVIEW OF WAIVERS PURSUANT  
TO ARTICLE IX:4 OF THE WTO AGREEMENT (AGENDA ITEM 14)  ................................ .. 205  
 
  WT/GC/M/188  
 
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  1  REPORT ON INFORMAL TNC AND INFORMAL HODS MEETINGS  
1.1.  The Chairman  recalled that, on 14 December, the Informal TNC and Informal Heads of 
Delegation meetings had been  convened by the four Deputy Directors -General in coordination with 
him as General Council Chair. They continue d in line with the understanding that had been  reached 
at the Jul y meeting of the General Council – that reflecting the existing and appropriate boundaries 
of governance, the Deputy Directors -General w ould undertake their responsibilities in close 
consultation with Members, where relevant, as represented by the General Council Chair.  
1.2.  Deputy Director -General Karl Brauner, representing all DDGs, had chaired the meeting and had 
provided a report on recent activities. The Chairs of 5 Negotiating Bodies had made reports on 
progress in their respective areas, and 60 delegation s had taken the floor. As per past practice and 
as also indicated on 14 December , the report of the Deputy Director -General and the reports of the 
Chairs of negotiating bodies w ould be included in the minutes of th e General Council meeting. 
Statements deli vered by delegations w ould also be included in the minutes unless delegations  
indicate d otherwise.  
1.3.  The representative of El Salvador , on behalf of Guatemala , Honduras , Panama , the Dominican 
Republic  and El Salvador , said that 2020 had been  a year full of challenges and had  turned the world 
upside down. Work in the WTO was no exception. The pandemic had not only impact ed the course 
of Members'  discussions but had also postponed the achievement of their objectives – chang ing the 
way they did things perhaps  even permanently . Despite the current circumstances, Members  had 
learned to be resilient and ha d found creative ways of communicating and having discussions in 
order to continue WTO work.  
1.4.  They regret ted that Members  had not been able to conc lude the fisheries subsidies 
negotiations. Nonetheless, they appreciate d the leadership and tireless efforts of the NGR Chair and 
all Members which ha d made it possible to make some progress throughout the year. Th at progress 
was reflected in the consolida ted text Members  had on the table. They hoped that Members  could 
pick up on th ose discussions in January and that they could be  able to continue to participate actively 
in the meetings already planned for the first month of the new year.  
1.5.  While 2021 was not going to be free of challenges, it w ould offer opportunities to redouble 
Members'  efforts to achieve objectives laid out prior to the pandemic. The stakes were high. 
Members'  constructive dialogues and discussions in building bridges and finding solution s would  be 
crucial in appointing the new Director -General, ensuring the success of the next Ministerial 
Conference, and finding a solution to the impasse on the Appellate Body. They were committed to 
making constructive contributions in all areas of discuss ion which include d the ongoing negotiations, 
joint initiatives to which they were part of and the reform work. All of th ose would contribute to 
strengthening the multilateral trading system and w ould offer benefits for all Members and promote 
the developme nt of their people.  
1.6.  Guatemala, Honduras, Panama, the Dominican Republic and El Salvador  commend ed the Chair 
and the DDGs in leading the work in the organization despite the challenges.  They also thank ed the 
Troika for their efforts throughout the DG Select ion Process and the Chairs of all WTO Bodies, the 
Secretariat and all delegations for their efforts and commitment to the multilateral trading system. 
They hoped that the new year w ould be full of success for everybody at a personal and professional 
level and that Members  would be able to rise to all of the challenges on the horizon in order to reap 
the fruits of their work done throughout the years.  
1.7.  The representative of Oman  noted that t hose were challenging times that require d solidarity 
and cooperation  from all Members . COVID -19 ha d affected all aspects of their lives. It had forced 
countries to reconsider their priorities and review their development plans for the next years making 
human life and human health top priorit ies together with e mployment, edu cation and social welfare. 
Trade finance and resilience of national economies were policy objectives for economic revival.  At 
present, the Government of Oman was  handling two challenges at the same time: the low oil prices 
and the COVID -19 pandemic. Both h ad huge impacts on Oman's economy. Like everywhere else, all 
sectors ha d been greatly affected and many people ha d lost their jobs.  
1.8.  COVID -19 ha d added more challenges to the limited resources of developing countries. The 
pandemic show ed the gap in their digital infrastructure when people ha d to work from home and WT/GC/M/188  
 
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  students ha d to do virtual schooling. Connectivity issues and lack of skills had been  obvious. Many 
SMEs had lost their businesses. But despite all that, some SMEs had used the crisis as an opportunity 
to create or improve their websites, marketing tools and skills. The pandemic ha d increased the role 
of e-commerce and the need for people  to benefit from th e new mode of trade not only as users and 
consumers but also as producers.  Members  should benefit from the big amount of data that was 
generated in their countries and from its economic value. In order to do so, they should intensify  
their work on the Work Programme on Electronic Commerce next year to achieve the desired results . 
1.9.  On fisheries subsidies negotiations, despite technical difficulties associated with remote 
participation, Oman ha d tried to actively engage in the negotiations. Any outcome in th ose 
negotiations should stay true to the SDG 14.6 mandate and be in keeping with all established 
principles of the covered agreements. Ensuring SDG 14.6 should not be at the expense of attaining 
other SDGs. The cure should not be worse than the disease. Regular fisherfolks who rel ied on 
government support for their livelihoods and  those of their families and communities should be given 
special consideration. The disciplines should not punish the individuals and communities who 
oftentimes operate d under harsh circumstances. Too many of th ose communities not receiving 
support would m ean no work and no money and would ultimately lead to more poverty. Th at would 
impede the attainment of SDG 1 which aim ed at ending poverty in all its forms everywhere by 2030.  
1.10.   Members  should do all they could so that they would  not solve a problem by crea ting a new 
one. In the same vein, the development gap between countries c ould not be ignored and should  be 
taken into account. Any outcome should preserve appropriate S&DT according to the mandate and 
Members' needs. As Members  were nearing the end of the year, Oman  hoped that when the 
Negotiating Group on Rules resume d its work next year, that Members would kick of the new year 
with a renewed sense of commitment, energy and cooperation. On agriculture, the pandemic show ed 
the importance of food security. C ountries should restrain from taking any measures that could  have 
an international impact on the price of and access to food.  
1.11.   The representative of Cambodia  associate d with the statement s made by the LDCs and ASEAN 
during the 14 December Informal TNC and I nformal HODs meetings. Cambodia  commend ed the 
Chair for his efforts and hard work especially for his contributions during th at difficult period, and 
the DDGs and the Chairs of Negotiating Groups for their efforts to move the negotiations forward.  
1.12.   The General Council took note  of the report3 of Deputy Director -General Brauner , representing 
all DDGs, on 14 Decem ber, and of the sta tement s that day4 as well as those delivered at the 
14 Decem ber Informal TNC and Informal HODs meetings .5 
2  IMPLEMENTATION OF THE BALI, NAIROBI AND BUENOS AIRES OUTCOMES – 
STATEMENT BY THE CHAIRMAN  
2.1.  The Chair man recalled6 that the item  remain ed on the agenda so that the General Council c ould 
continue to follow up, in a horizontal and transparent manner, on the Ministerial decisions adopted 
in Bali, Nairobi and Buenos Aires. As always, his statement t hat day was based on the information 
provided by the Chairs of the regular bodies on the implementation work taking place further to 
 
3 Deputy Director -General Brauner's report, representing all Deputy Directors -General, (also circulated in 
document JOB/TNC/89) and the reports of the Chairs of Negotiating Bodies at the  14 Decem ber Informal  TNC 
and Informal HODs Meetings  are incorporated in the minutes of this meeting and are reproduced in Annex 2 of 
this document . 
4 See Footnote 7 and Annex 4.  
5 The statements at the 14 December  Informal TNC and Informal HODs Meetings by the fol lowing 
delegations are incorporated in the minutes of this meeting and can be found in Annex 3 of this document : 
Morocco; Switzerland; Uruguay (Informal Working Group on MSMEs); Jamaica (ACP); Egypt; Tunisia; Nigeria; 
Chinese Taipei; Chile (Structured Disc ussions on Investment Facilitation for Development); Senegal; Singapore; 
Republic of Korea; Norway; Barbados; Iceland ( Informal Working Group on Trade and Gender ); Turkey; Australia 
(Joint Statement Initiative on Electronic Commerce); Chad (LDCs); Guyana ( CARICOM); United States; 
Philippines; Brazil; Panama (Article XII); Russian Federation; Paraguay; European Union; Costa Rica (Joint 
Initiative on Services Domestic Regulation); Hong Kong, China; Afghanistan; India; Japan; Thailand; Nepal; 
Botswana (African  Group); Viet Nam (ASEAN) ; Colombia; Mozambique; Canada (Ottawa Group); Mexico; 
Uganda; China; Montenegro; Malaysia; South Africa; Fiji; Pakistan; Tanzania; New Zealand; Peru; Vanuatu 
(Pacific Group); Kingdom of Saudi Arabia; Indonesia; Republic of Moldova ; Argentina; Ecuador; Mauritius; 
Mongolia; Bangladesh; Bolivarian Republic of Venezuela and United Kingdom. The concluding remarks of Deputy 
Director -General Brauner is also included in Annex 3. 
6 The Chair man's statement was circulated in document JOB/GC/249.  WT/GC/M/188  
 
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  Ministerial mandates in their respective areas. He also point ed out that matters related to the Work 
Programme on Small Economies, an d the Work Programme on Electronic Commerce w ould be taken 
up in the separate agenda items.  
2.2.  In the area of Agriculture, the Committee on Agriculture had continued its follow -up on the Bali 
TRQ Decision at its recent November meeting, in light of the recomm endations of the review 
approved by the General Council last year. The Committee had also considered the proposed TRQ 
underfill Tracking Register. He underst ood that, given some concerns expressed on the existing 
scope of the underfill mechanism, the appro val of the draft tracking register had been  deferred to a 
future meeting of the Committee – when the mechanism was actually invoked.  
2.3.  As regards the Bali Decision on Public Stockholding for Food Security Purposes, the notification 
presented by a Member subs equent to its invocation of the Decision had continued to be reviewed 
by the Committee at its November meeting, based on Members' written questions . 
2.4.  Turning to the LDC Services Waiver, in October, the LDC Group had proposed that the Council 
for Trade in Se rvices organi zed a webinar to bring together LDC service suppliers and consumers of 
LDC services in Members having granted preferences under the LDC Services Waiver. Just before 
the CTS meeting of 4 December, the LDC Group had circulated a suggested outlin e for the webinar. 
Members had generally found that it had provided greater clarity about the objective and scope of 
the webinar and had expressed broad support for an event that would enable an exchange of 
information and experiences. The Council had agreed that the Secretariat would prepare a draft 
programme for the webinar to be submitted to Members for consideration and further views.  
2.5.  On Preferential Rules of Origin for LDCs, at the November meeting of the Committee on Rules 
of Origin, several aspects o f the Bali and Nairobi Ministerial Decisions had been  discussed. Members  
had considered a Secretariat note on the utilization rates and two submissions by the LDC Group. 
The first had reiterated the LDC preference for rules of origin based on the value "of  non-originating 
materials", as noted in the Nairobi Ministerial Decision. In the second submission, the LDC Group 
had called for an intensification of the examination work of the Committee on Rules of Origin, the 
identification of best practices and the p reparation of a report to be submitted at MC12. In line with 
the Decision, Members had conducted an "annual review" of developments in th e area and had 
adopted an annual report for the General Council to take note of – that was contained in document 
G/RO/9 1, to which he drew Members'  attention.  
2.6.  Regarding Duty -Free Quota -Free market access for LDCs, at its November meeting, the CTD 
had undert aken its annual review of the steps taken to provide DFQF market access to LDCs – as 
mandated by the Bali Decision. It  had once again not been possible for the Secretariat to prepare 
the mandated report, as divergent views persist ed on its scope and coverage. Nevertheless, the 
annual review had provided the opportunity for some Members to share information on their DFQF 
schemes for LDCs.  
2.7.  Concerning the Monitoring Mechanism on Special and Differential Treatment, despite the 
meeting of the CTD's Dedicated Session which had been  held in November, the situation persist ed 
as no written submissions h ad been made and, as a result , the Mechanism was yet to be 
operationali zed. Additionally, there was still no common understanding on how to proceed with the 
long overdue review of the Mechanism. The CTD Chair had urged Members to come to a common 
understanding on the way forward.  
2.8.  With respect to the Bali Decision on Trade and Transfer of Technology, at a recent meeting of 
the Working Group, the Chair, on the basis of the consultations he held, had noted that, while 
delegations had been  willing to engage with a view to achieving an outcome on transfer of 
technology, advancing the mandate would require leadership on the side of the proponents. The 
African and the LDC Groups had stated their interest in exploring ways to revisit discussion s and 
revive the Working Group's activities.  
2.9.  Regarding Aid for Trade, earlier  in the month , an online briefing session had been  organi zed to 
provide Members with further information on the Aid -for-Trade Stocktaking Event which w ould be 
held on 23 -25 March 2021. The purpose of the Stocktaking Event was to collect, discuss and 
disseminate information concerning Members' Aid -for-Trade needs and responses to the trade -WT/GC/M/188  
 
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  related challenges triggered by the COVID -19 pandemic. Members ha d been invited to communicate , 
by 31 December, details on the sessions they would like to organi ze. 
2.10.   And lastly, a brief update concerning the Trade Facilitation Agreement, where the current rate 
of ratification st ood at 93% of the Membership.  
2.11.   The representative of Chad, on behalf of t he LDCs , said that t he past decisions taken in favour 
of LDCs to facilitate and strengthen their integration into world trade were very important, as they 
recall ed on each occasion. The challenge for the LDC Group after the adoption of th ose decisions 
was to implement them on the ground, by ensuring a more effective export of goods and services 
to the rest of developed and developing countries.  
2.12.   On the services waiver, in favour of LDC suppliers, the LDCs  had made submissions and had 
engaged with the Secreta riat and preference granting Members to promote the full operationalization 
of the preferences offered. A workshop on th e matter  would be held on  March 2021. 
2.13.   On the decision on preferential rules of origin, significant progress ha d been made since 
Nairobi,  in particular on transparency. Nevertheless, much remain ed to be done to implement the 
substantial part of the Nairobi Decision.  The LDC Group had made a number of submissions in the 
Committee on Rules of Origin which identif ied the best practices and areas requiring reform to align 
with the Nairobi Decision. Preference granting Members were called upon to consider the 
implementation of best practices, as discussed in the Committee.  
2.14.   Members were called upon to review their duty -free and quota -free market access 
programmes, in order to take into account, inter alia, the elements stipulated in the Nairobi Decision, 
to facilitate the effective implementation of duty -free and quota -free market access opportunities.  
2.15.   In the area of e -commerce, the LDCs  had submitted a communication since the last Decision 
in Buenos Aires to show the importance of their countries having adequate infrastructure so as to 
be able to benefit meaningfully from e -commerce.  
2.16.   The representative of Indonesia  noted that t here were a lot of work that need ed to be done 
to ensure meaningful progress on the mandated issues. Agriculture and fisheries subsidies 
negotiations currently need ed Members'  utmost attention in the lead up to MC12. The WTO need ed 
to achieve signifi cant progress on agriculture negotiations to achieve a permanent solution on public 
stockholding for food security purposes and a comprehensive and balanced outcome on a special 
safeguard mechanism. Members  should  redouble their efforts  to advance th ose ma ndated issues. In 
the context of agriculture reform, there should be balance and Members  should promote food 
security to address the challenges faced during the  current pandemic and its future impact.  
2.17.   On fisheries subsidies negotiations, Indonesia  urged Members to remain in line with the 
Buenos Aires mandate in prohibiting certain forms of subsidies that contribute d to overfishing and 
overcapacity. It was not the WTO's  duty to encroach on other international organizations that had  a 
mandate on fisheries man agement and sustainability issues. In fact, the overlap approach ha d 
contributed to prolonging the negotiations.  
2.18.   In address ing the impasse on the Appellate Body , Indonesia c alled on Members to renew their 
political will in resolving th e issue in an expedit ed manner. The new Director -General that hopefully 
would be elected soon should place th at agenda as an immediate priority in order to facilitate a new 
dialogue between Members to end the impasse.  
2.19.   The representative of Cambodia  associate d with the statement made by the LDCs  and referred 
to the important elements contained in the Bali Ministerial Decisions in favour of LDCs concerning 
duty-free and quota -free market access, preferential rules of origin and services waiver. Cambodia  
called on all Members to fully implement the decision on DFQF market access and take into account 
the LDC Submissions on the services waiver and the preferential rules of origin which had also been 
mentioned in the LDC statement. The continued and full implementat ion of the Ministerial Decisions 
in favour of LDCs w ould assist LDCs to increase their export revenue and reap meaningful benefits 
from the multilateral trading system. Cambodia  urged Members not to impose any measure that 
could create a trade barrier to e xports from and the development of the LDCs. Cambodia thank ed WT/GC/M/188  
 
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  the CTD for administering the annual review on the steps taken to provide DFQF  market access for 
LDCs in accordance with the relevant Bali Decision circulated in document WT/L/919.  
2.20.   The represent ative of the European Union  noted that India ha d invoked the Bali Ministerial 
Decision on public stockholding for the first time. The notification had been  reviewed during the 93rd 
Committee on Agriculture meeting on 28 July. There were however still at le ast six questions which 
India ha d not answered in substance, despite two Committee meetings having been held since then 
and the issue having being raised in the October General Council  meeting . The E uropean Union  
called on India to fulfil its transparency obligations and upload substantive answers in the AGIMS 
system to allow other Members to assess conformity with the Bali decision.  
2.21.   The European Union wa s currently far from convinced that India ha d respected the decision. 
For example, point 3(c) of the dec ision require d that information be submitted for each public 
stockholding programme. According to India' s notification, India ha d public stockholding 
programmes for rice, wheat, coarse grains and pulses. While India ha d submitted data covering rice 
in anne x to its notification, it ha d not provided so far the required information for the programmes 
for wheat, coarse grains and pulses.  
2.22.   The Nairobi Ministerial Decision on Export Competition had been  adopted in December 2015. 
The Decision had  required sixteen Members to submit schedule modifications. Two Members ha d not 
yet done so – including one who had co-sponsored the proposal which led to the decision . The 
European Union  urged the Members concerned to submit the necessary schedule modific ations as 
soon as possible.  
2.23.   The European Union continue d to regret that it had not been possible to reach agreement on 
the application of the TRQ underfill mechanism in order to ensure that all Members t ook on 
equivalent commitments. In 2019, the General C ouncil had rolled over the deadline for the review 
of that decision to 2021. Doing so again in 2021 w ould not be acceptable to the E uropean Union . 
The European Union  urged the Membership to engage on th e issue and consider ed that it should be 
taken up by Ministers at MC12 if it was not possible to resolve it in the Committee on Agriculture.  
2.24.   The representative of India recalled  the Ministerial mandates from Bali and Nairobi , as 
Members  got themselves  ready for action in 2021, regarding an effective, permanen t outcome on 
public stockholding for food security purposes . That outcome was also imperative for the 
achievement of Sustainable Development Goals 1 and 2 and for telling the world that the WTO c ould 
deliver results especially in areas of immediate concern  to the large majority of its Membership.  
2.25.   The COVID -19 crisis was posing significant challenges to the already strained food, nutrition 
and livelihood security of poor and vulnerable farmers, in several developing countries and LDCs.  
India emphasi zed the critical importance of engaging on the Ministerial mandate from Bali and 
Nairobi to have an effective and permanent outcome on the issue of public stockholding food security 
purposes by MC12.  As a responsible Membe r, India ha d been consistently complying with its 
notification obligations at the WTO, including with the notification obligations prescribed in  document 
G/AG/2. India's track-record with meeting its transparency obligations ha d been much better than 
that of several M embers who were pressing for enhanced transparency at the WTO.  
2.26.   Pursuant to the Bali Ministerial Decision on Public Stockholding for Food Security Purposes 
and the General Council Decision of 2014 as contained in document WT/L/939, India had notified 
the Co mmittee on Agriculture that it ha d, for the first time, exceeded the de minimis level of market 
price support for rice for the marketing year 2018 -2019, by a very minor margin of 1.4%.  Market 
price support for rice, a traditional staple food crop , was notified under Article 7.2(b) of the 
Agreement on Agriculture in pursuance of public stockholding programmes for food security 
purposes. India's public stockholding programmes for food security purposes covering rice and a 
number of other commodities ha d been consistently reported in its Table D S:1 notifications since 
1995.  
2.27.   The programme was consistent with the criteria mentioned in Paragraph 3, Footnote 5, and 
Footnote 5&6 of Annex 2 to the Agreement on Agriculture. Further, the stocks under the programme 
were acquired and released in order to meet the domestic food security needs of India's poor and 
vulnerable population, and not to impede commercial trade or food security of others. For th ose 
reasons, the notified level of market price support for rice was covered by the peace clause set out WT/GC/M/188  
 
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  in the Bali Ministerial Decision on Public Stockholding for Food Security Purposes (WT/MIN(13)/38) 
and the General Council Decision (WT/L/939).  India ha d been constructively engaging on th e issue 
with other Members in the meetings of the Committee on Agriculture.  
2.28.   It was natural to expect that the track record of the main votaries of enhanced transparency 
such as the European Union  would be nothing short of exemplary in complying with their existing 
notification obligations.  But India found that the E uropean Union  had not yet submitted its DS:1 
notification for the marketing year 2018 -2019 – well past the deadline of 30 September 2019 by 
when th e European Union  should have notified th at information according to the deadlines mandated 
in document G/AG/2  – amounting to a  delay of more than a year . The E uropean Union  had also been 
late by a period of almost 19 months in notifying their DS:1 notification for the marketing year 2017 -
2018. It was also disappointing to note that spec ific trade concerns concerning the European Union' s 
policy related to MRLs and endocrine disruptors ha d remained on the agenda of the SPS Committee 
for several years together.  
2.29.   It was not India's  intention to point fingers at any Member . India however expected  Members  
to practice what they preach ed. India encourage d the E uropean Union  and other Members to lead 
by example and ensure that they fulfil led their existing transparency obligations before  proposing to 
add an ever -growing list of new obligations.  
2.30.   The representative of Morocco  noted that it request ed the floor to make  a statement  under 
Agenda Item 1  given the fact that the organization was experiencing very difficult circumstances . 
Morocco  wished to make  some comment s on the matter  and provide  its views  concerning  the future 
of Members'  common endeavour . In lieu of presenting its statement,  Morocco requested that  it be 
incorporated instead in the minutes of the meeting.7 
2.31.   The General Council took note  of the Chairman's report and of the statements.  
3  WORK PROGRAMME ON SMALL ECONOMIES – REPORT BY THE CHAIRMAN OF THE 
DEDICATED SESSION OF THE COMMITTEE ON TRADE AND DEVELOPMENT  
3.1.  The Chairman  recalled that in line with the agreement in the General Cou ncil in 2002, the Work 
Programme on Small Economies was a standing item on the agenda and the Committee on Trade 
and Development reported regularly to the Council on the progress of work in its Dedicated Sessions. 
In Buenos Aires, Ministers had adopted a D ecision reaffirming their commitment to the Work 
Programme and instructing the CTD to continue its work in Dedicated Sessions under the overall 
responsibility of the General Council.  He invited Ambassador Haqjo to report on the matter.  
3.2.  Ambassador Mohammad Qurban Haqjo (Afghanistan), Chairman of the Dedicated Session of 
the CTD , inform ed Members that a meeting of the CTD 's Dedicated Session on Small Economies had 
been held on 2 November 2020. There had been two items on the agenda for th at meeting. The 
Dedic ated Session firstly had a discussion on the opportunities and challenges for small economies 
in attracting investments.  
3.3.  As part of th at discussion, presentations had been  made by experts from the ITC, UNCTAD and 
WTO. Presentations had also been made by El  Salvador, Guatemala and Saint Lucia – members of 
the Group of Small, Vulnerable Economies – on their national experiences in attracting investments. 
The presentations, and the subsequent discussion, had pointed to the importance of investments for 
the gro wth and development of small economies.  
3.4.  A discussion had also been held on the impact of the COVID -19 outbreak on the trade of small 
economies. A number of members of the SVE Group had highlighted the negative impact of the 
pandemic on their economies. Som e ideas had been  shared on what could be done to allow small 
economies to be in a better position to deal with the negative effects of the crisis.  
3.5.   As he had  reminded Members before closing the meeting, the Dedicated Session w ould have 
some work to do in p reparation for MC12. In particular, going by past practice, the Dedicated Session 
would need to approve a report to the General Council, which would contain a summary of the work 
 
7 At its request, the statement of the delegation of Morocco under Agenda Item 1  is incorporated in the  
Minutes of th is General Council meeting  and can be found in Annex 4 of this document.  WT/GC/M/188  
 
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  undertaken since the last Ministerial Conference. The report would also need to contain the elements 
of an agreed text for a Ministerial Decision, including with regard to future work. The report to the 
General Council w ould therefore be one of the main issues for the Dedicated Session to focus on, 
once a date for MC12 ha d been det ermined.  
3.6.  On a personal note, he said that his term in Geneva ha d come to an end, and t hat day's report 
would therefore be his last in his capacity as CTD Chairman. He express ed his appreciation to all 
Members for continuing to support  the work of the CTD  which remain ed an extremely important 
body in the WTO.  
3.7.  The representative of Barbados  associate d with the statements to be made by the SVEs  and 
CARICOM . Barbados  concur red with the CTD Chair's assessment of the 2 November meeting of th e 
CTD in its dedicated session on small economies. The meeting had highlighted the challenges faced 
by small economies in attracting investment where Members had heard interesting perspectives and 
experiences from small economies in th at regard. Barbados  had particularly  been interested to hear 
about the impact of the COVID -19 pandemic on small economies and more specifically on their 
investment flows.  
3.8.  The Work Programme on Small Economies continue d to be a critical aspect of the WTO's work. 
Barbados  looked forward to its continued work aimed at achieving the framing policy responses to 
the trade -related issues identified for the full integration of small, vulnerable economies in the 
multilateral trading system. Barbados  continue d to stress the detrimental i mpact that natural 
disasters ha d on the trade of small economies  and looked forward to engaging with Members on th at 
issue in the CTD in its dedicated session on small economies. Barbados  reaffirm ed its  commitment 
to the work of the CTD on small economies and was ready and willing to continue its active 
participation in th at regard.  
3.9.  The representative of Fiji associate d with the statements to be made by the SVEs and the 
Pacific Group. Discussions under the Work Programme on Small Economies highlight ed the various 
unique challenges that small economies face d given their vulnerable and volatile nature. Most small 
economies such as Fiji were consistently susceptible to threats posed by climate change disasters. 
The COVID -19 pandemic further exacerbated  its vulnerability when economies and borders were 
closed, affecting their service sector which was the key vein to its economic sustenance. Small 
economies w ould continue to be disproportionately affected by th ose challenges irrespective of any 
challenges that they could  face in the future.  
3.10.   In the midst of Fiji's lockdown due to COVID -19 in April, a powerful category 5 tropical cyclone 
had caused widespread destruction in Fiji and in neighbouring Pacific Island countries with estimated 
damage of US D 123.5 million. Unfortunately, that was not the end of 2020 yet.  At that moment, Fiji 
was bracing  itself for yet another category 5 cyclone to make landfall in the next few hours. Th at 
was the reality in small  economies. Disasters were a real concern with  their frequency and their 
intensity heightened. Th ose extremes d id not give a chance for economies to rebuild – whether it 
be key infrastructure or agriculture. Over the years, it ha d always been a matter of rebuilding for 
Fiji which continue d to push bac k critical development priorities.  
3.11.   External support sources ha d also been affected. The COVID -19 pandemic had an immediate 
negative impact on foreign direct investment in 2020 . The outlook remain ed dire with further 
deterioration projected in 2021. As a re sult, global FDI flows according to UNCTAD were forecasted 
to decrease by up to 40% in 2020 from their 2019 value of close to USD 1.6 trillion which affect ed 
extractive industries and tourism which were key for Fiji's small economy. The World Bank project ed 
that remittances to low and middle income countries w ould decline by almost 20% due to the 
economic crisis induced by COVID -19 and the lockdown measures. In the past, remittances ha d 
been counter -cyclic where workers sen t more money home in times of crisis and hardship back 
home. Th at time, however, the pandemic ha d affected all countries creating additional uncertainty.  
3.12.   Fiji underscore d the importance of the Work Programme to the gro up and remind ed Members 
of the objective of that work as mandated by Paragraph 35 of the Doha Ministerial Declaration to 
frame responses to the trade -related issues identified on the fuller integration of small, vulnerable 
economies into the multilateral t rading system. The WTO should be reflective of its Membership and 
ensure that the issues and interests of its Members were reflected in various pillars of WTO work so 
that developing countries particularly SVEs and LDCs were fully integrated into the multi lateral WT/GC/M/188  
 
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  trading system. Fiji look ed forward to further discussions on the issue of disasters and trade in the 
upcoming work next year and , in addition,  welcome d discussions and knowledge sharing that 
support ed the recovery of the travel and tourism sectors . 
3.13.   The representative of Sri Lanka  associate d with the statement to be made by the SVEs. 
Considering the unique and unprecedented impact of the pandemic on economic and social 
structures across the globe, it was evident from many analysis and reports that t hose impacts on 
small and structurally vulnerable economies, including Sri Lanka's  had been severe and acute and 
were threatening to rollback many of the developmental gains achieved over the past decades.  
3.14.   Sri Lanka was encouraged by the willingness of Mem bers to continue to engage in discussions 
aimed at finding practical solutions to those trade -related challenges that had hindered their 
beneficial participation in global trade. It was in that spirit that Sri Lanka was joining other SVEs in 
seeking to ide ntify existing and new priorities that deserve d the attention of the Membership for 
future work under the Work Programme on Small Economies.  
3.15.   Time was ripe for Members to build on the findings of the Secretariat's good work on the link 
between natural disas ters and trade by directing more focus and attention to that important topic, 
which was one of the pending issues for discussion. Sri Lanka was committed and stood ready to 
reengage as it view ed the advancement of that Work Programme as critical to facilit ating the 
realization of solutions which would lead to a more meaningful participation in global trade.  
3.16.   The representative of Vanuatu , on behalf of the Pacific Group , associate d with the statement 
to be made by the SVEs. The challenges faced by SVEs in the attracting investment were not only 
of a policy nature but were also structural and were attributed to the small size of their economies 
and their remoteness. The economic impa ct of COVID -19 ha d further exacerbated the vulnerabilities 
of small economies as the tourism industry collapse d and exports and remittances decline d. Recent 
analysis indicate d that no matter the crisis, be it economic, environment al shocks or health 
pandem ics such as COVID -19, SVEs , particularly small island developing States , were always 
disproportionately affected.  
3.17.   The Pacific Group underline d the importance of th e Work Programme which aim ed to frame 
responses to the trade -related issues identified for th e fuller integration of small vulnerable 
economies to the multilateral trading system. The Pacific Group remained  committed to continuing 
that work and call ed on Members to engage constructively to facilitate meaningful responses for 
integrating SVEs into the multilateral trading system.  
3.18.   The representative of Jamaica  associate d with the statement s to be  made by  the SVEs and 
CARICOM . The integration of small economies in the multilateral trading system was a priority for 
Jamaica. Having a small, open, trade -dependent and vulnerable economy, Jamaica was  conscious 
of the plethora of issues facing small economies which hinder ed its deve lopment, aspirations and 
effective participation in the multilateral trading system. The COVID -19 pandemic ha d further 
exposed existing vulnerabilities of small economies. Due to those vulnerabilities, the SVEs ha d been 
disproportionately impacted by the f allout emanating from the pandemic. It also amplifie d the need 
to examine how best to assist th ose economies to navigate unforeseen challenges in their efforts to 
maximise the benefits to be derived from their successful integration into the global economy . 
3.19.   SVEs'  efforts to build back better w ould likely experience setbacks due to inter alia  dislocation 
of fiscal tariffs, disruptions in global supply chains, the significant contraction in key sectors of their 
economies such as tourism, fluctuations in excha nge rates which create d unpredictability for 
businesses and economic contractions which ha d resulted in reduced spending and job losses. Th at 
was in addition to the effects of climate change that continue d to wreak havoc on their economies 
annually through  damage to infrastructure, reduced crop yield and increased public expenditure to 
assist in recovery and adaptation efforts. For example, it ha d been assessed that coastal flooding 
alone cost ed Jamaica some USD 136 million annually.  
3.20.   Now more than ever,  Members should  enhance their discussions on innovative approaches 
that c ould assist small economies to navigate the challenges emanating from the pandemic and 
establish appropriate systems to better accommodate such losses in the future. The Work 
Programme on  Small Economies should  therefore be preserved. Jamaica  welcome d the sessions on 
investment attraction as it viewed foreign investments as essential to  the SVEs'  efforts to improve WT/GC/M/188  
 
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  integration into the global economy and global value chains while improving  the lives of all citizens. 
Jamaica look ed forward to a constructive dialogue aimed at arriving at an agreement for future work 
under the Work Programme for consideration at the next Ministerial Conference.  
3.21.   The representative of Guatemala , on behalf of the SVEs , recalled that the CTD Chai r had 
reported that Members had  a very successful meeting of the dedicated session of small economies 
on 2 November. During the first part of the session, Members had had substantive discussions on 
the challenges and opp ortunities faced by SVEs in an effort to attract investment. During the session, 
the WTO Secretariat, ITC and UNCTAD had shared trends and experiences on the issue of investment 
attraction and had highlighted some of the challenges that SVEs face d. Represe ntatives from SVE 
Members had made presentations on their efforts at the national level to promote and attract 
investments highlighting the positive experiences and pointing out some challenges of their future 
work. Other non -SVE members had participated a nd had contributed their ideas to the discussion.  
3.22.   As to the investment promotion efforts, regulatory frameworks and investment facilitation 
measures had been  highlighted as necessary to ensure their macro stability and the reduction of 
risks of foreign inv estors. The role of investment promotion agencies had been  an important driver 
for ensuring investment attraction. Services provided by th ose agencies in investment intelligence, 
promotion, investment facilitation, after care services and promotion of publ ic policies had been  
mentioned as effective tools to attract investment. Opportunities had been  identified for SVEs in 
sectors such as green and sustainable investment, services sector such as telecommunications, 
transportation, distribution or even financ ial services, banking and insurances.  
3.23.   An SVE representative had highlighted some of the challenges experienced by its country such 
as susceptibility to external shocks like the COVID -19 pandemic, climate events and problems 
associated with climate change t hat could  impact the country's risk profile for futures investment. 
Opportunities such as location, main investment markets and usage of bilateral investment 
agreements with the key partners had been  mentioned as tools to promote investment.  
3.24.   During the sec ond part of the session, SVEs had discussed some of the challenges they 
experienced during the COVID -19 pandemic. SVEs had shared their experiences and national plans 
set in place to fight the negative effects caused by the unprecedented crisis brought abo ut by the 
COVID -19 pandemic. Visible negative effects of the pandemic had been seen in all sectors of the 
SVEs' economies particularly the tourism sector which ha d been heavily str uck by the effects of the 
pandemic and the health -related restrictions on tr avel and others. Other sectors such as financial 
services, manufacturing and textile and apparel ha d also been negatively affected.  
3.25.   The negative effects of the pandemic and MSMEs ha d also been highlighted as one of the 
main focus es of economic recovery pla ns at the national level. Th ose plans had focused as well on 
the development and implementation of health measures that would be necessary to reactivate the 
labour market and promote investment and local consumption. It had been  evident from the 
presentati ons that the developmental setbacks and the economic repercussions caused by the 
pandemic w ould have a long and strong negative effect for SVEs and their economies.  
3.26.   The SVEs w ould continue discussing th ose issues and hopefully find ways in which trade c ould 
support the recovery from the pandemic for SVEs and other vulnerable economies. After closing a 
challenging year of work, the SVEs w ould be consulting with interested delegations of the future 
work of the Work Programme o n Small Economies for 2021. On e of the pending issues for discussion 
was natural disasters and its effect s on the SVEs' economies. The SVEs  hoped that through their 
consultations, th at and other topics could be agreed  to help move their work forward.  
3.27.   The representative of Guyana , on be half of CARICOM , associate d with the statement made 
by the SVEs. The CARICOM Group place d high priority on discussions within the WTO on appropriate 
responses to trade -related challenges of SVEs including with respect to climate change, trade and 
natural d isasters and attracting sustainable investments aimed at mitigating the impact of 
exogenous shocks and trade vulnerability which ha d been heightened in the face of the disastrous 
COVID -19 pandemic. CARICOM  saw the Dedicated Session on Small Economies held on 2 November 
which focused on the challenges and opportunities of small economies in attracting investments as 
an important constructive part of th at discussion.  WT/GC/M/188  
 
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  3.28.   CARICOM  thank ed Members for their interest and engagement in  those discussions  which a 
member  of its Group had made a presentation and had shared experiences of which  other  CARICOM  
members  could easily identify. Notwithstanding its challenges, the CARICOM region ha d a positive 
contribution to make to the solution Members  collectively s ought . CARIC OM would continue to 
present a very attractive investment climate buttressed by stable governments, trade openness, a 
common market regime and a firm commitment to the multilateral trading system.  
3.29.   The COVID -19 pandemic ha d imposed on Members  the need to pursue and adopt new 
approaches to both private and public investment to accelerate recovery efforts particularly to boost 
sustainable investments, innovation and productivity as they sought  to build back better from the 
economic fallout of th e pandemic. External shocks such as the pandemic tend ed to negatively impact 
at most if not all economies. SVEs were always the hardest hit and also tend ed to take much longer 
to recover.  
3.30.   While some G20 policymakers were expecting a short sharp drop in eco nomic activity followed 
swiftly by a rebound in growth, the reality for most SVEs was a long drop and slow rebound. Th ose 
realities further highlight ed the need for Members  to continue to have focused discussions and seek 
to find solutions to the specific challenges confronting SVEs. Members  should  be prepared and stay 
on track for the work ahead in 2021 especially given the global public health challenges added to 
the trade and natural disasters and climate change nexus. Members  should  continue their work on 
assisting SVEs to build resilience. The CARICOM Group w ould continue to participate actively and 
constructively in the work of the CTD and look ed forward to a productive year ahead.  
3.31.   The General Council took note  of the report of the Chairman of the CTD and of the statements.  
4  THE DEVELOPMENT ASSISTANCE ASPECTS OF COTTON  
4.1  Action Plan to Enhance Support for Cotton By -Product Development in LDCs – Draft 
General Council Declaration – Communication from Burkina Faso on Behalf of the C -4 and 
Côte d'Ivoire  (WT/GC /W/808)  
4.1.  The Chairman  referred to the  communication from Burkina Faso on behalf of the C -4 and Côte 
d'Ivoire on a draft General Council Declaration entitled "Action Plan to Enhance Support for Cotton 
By-Product Development in LDCs"  and invited  DDG Wolff to make a n introductory remark  on the 
matter and the delegation of Burkina Faso to introduce the communication.  
4.2.  Deputy Director -General Alan Wolff, Chairman of the Director -General's Consultative 
Framework Mechanism on Cotton , noted that the dra ft General Council Declaration contained in 
document WT/GC/W/808 related to the interagency work undertaken in the context of the WTO -
UNCTAD -ITC Initiative on Cotton By -Products as endorsed by WTO Members in November 2018 in 
document WT/CFMC/58. Its ultima te objective was to enhance support for the development of cotton 
by-products in cotton producing LDCs. In line with the November 2018 mandate, it constituted the 
main political output sought by the C -4 under the joint initiative on cotton by -products. The  draft 
declaration was also closely connected to the Bali and Nairobi mandates on cotton development 
assistance as cited in the recitals of the draft in front of Members that day.  
4.3.  The first draft was submitted by the C -4 on behalf of cotton producing LDCs for discussion by 
Members at the Quad+ meeting on 3 September. The text had been subsequently amended in light 
of comments expressed by various Members. The consolidated draft had been shared with all 
Members ahead of the WTO Cotton Meetings on 12 November  for further comments and 
consultations. The C -4 had presented the consolidated draft at the 12 November meeting of the 
Consultative Mechanism on Cotton Development Assistance and no objections had been raised by 
Members on the C -4's intention to submit th e document for discussion at the General Council.  
4.4.  The document in front of Members contained a general declaration of support for the 
development of cotton and its by -products in developing countries especially the LDCs as well as 
eight action points on te chnical assistance – activities to be implemented as next steps. Members' 
engagement to achieve consensus on the document and its subsequent adoption would facilitate the 
preparation of concrete implementation actions by various international and national cooperation 
agencies according to the relevant competencies of such entities.  WT/GC/M/188  
 
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  4.5.  Activities undertaken to implement the items listed in the declaration would be possible only if 
the necessary resources, technologies and investments were made available by publ ic and private 
actors. The eight action points listed by the C -4 in the draft were based on thorough needs 
assessments conducted by the three agencies of the joint initiative namely the WTO, UNCTAD and 
ITC, at the individual country level. With all those c onsiderations in mind, he was pleased to restate 
his strong engagement to accompany the C -4 and the Membership including through further 
consultations as necessary towards a consensus that could be adopted.  
4.6.  The representative of Burkina Faso , on behalf of the C -4 and the 36 African Country Cotton 
and Cotton Product Producers and/or Exporters , acknowledge d the Cotto n Team in the Secretariat , 
particularly Deputy Director -General Alan  Wolff, for their remarkable  efforts  during the process that 
allowe d Members to have fruitful discussions on the draft General Council Declaration on the Action 
Plan to Enhance Support for Cotton By -Product Development in LDCs. The importance of cotton and 
its by -products for LDCs need ed no further introduction. It create d so much work for women and 
the youth. It help ed combat environmental degradation and alleviate poverty.  
4.7.  The production of cotton was a source of income for more than four million farmers in Africa – 
about one million of which were in the C -4 countries. F or the C -4, income from cotton was around 
8% to 12% of GDP accounting for 40% of total export income.  Members should however recogni ze 
that the COVID -19 pandemic ha d seriously affected the cotton sector which ha d led to enormous 
financial losses for the C -4 because of the slowdown of economic activity. It ha d led to a decrease 
in income and an increase in unemployment. Statistics show ed that between March and April 2020, 
cotton fibre processing had fallen  dramatically causing cotton prices to fall by 26% an d cotton 
exports to fall by 6.8%.  
4.8.  The draft declaration propose d an action plan for strengthening support for cotton by -product 
development in LDCs. It was designed to increase income in the cotton sector particularly for farmers 
and those who produce d cotton by -products, strengthen their resilience in face of market shocks 
such as the one experienced during the COVID -19 pandemic and increase their income security by 
strengthening technical assistance and capacity of stakeholders, increasing investment and 
technology transfer for cotton by -products in LDCs through stressing the eight priority activities in 
the draft.  
4.9.  The co-sponsors of the draft General Council Declaration  hoped to create a favourable 
framework for the implementation of development proje cts on cotton by -products to increase the 
revenue of more than 20 million small entrepreneurs in particular women and youth. Th at would 
improve their health conditions and productive capacity and create jobs. Th e draft w ould help LDC 
cotton producers to cr eate a cotton sector which was more competitive and resilient to changes and 
fluctuations in the international market. The C -4 call ed on all Members and development partners 
to support the adoption and effective implementation of the action plan to allow L DCs to rise to the 
challenges they were facing relating to their development.  
4.10.   The representative of Botswana , on behalf of the African Group , support ed the joint 
submission by the C -4 and Côte d'Ivoire  contained in document WT/GC/W/808 with a draft General  
Council Decision for a Joint Action Plan to enhance support for cotton by -product development in 
LDCs. Through such an Action Plan, the African Group  trusted that resources c ould be mobili zed to 
support the implementation of projects and programmes envisi oned therein. The African Group 
called on the General Council to approve th e draft decision and for Members and development 
partners to continue supporting LDC Cotton Producing Countries' efforts in their process to integrate 
into regional and into global value chains especially in the difficult context of the COVID -19 crisis.  
4.11.   The representative of Senegal  supported the statement made by Burkina Faso on behalf of 
the co -sponsors and associated with the statements made by the African Group  and to be made by  
the LDCs and the ACP.  USD 90 billion could come flowing in if Members  substantially increase d the 
commercialization of cotton from Africa. That was why Members  should  support African cotton 
producing and textile related industries. The joint action plan proposed by the C -4 and Côte d'Ivoire 
support ed the national and regional strategies within ECOWAS to develop the textile cotton sector, 
to create value addition and jobs and to improve  production and exports more generally. Senegal 
called on Members to support the action plan and ensure its effective implementation.  WT/GC/M/188  
 
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  4.12.   The representative of South Africa  said that c otton was a predominant cash crop for many 
African LDCs providing income to over 3.5 million farmers and their families and 17% of th ose lead 
farmers were women.  Sub-Saharan African countries export ed more than 90% of the raw cotton lint 
they produce d. Many African agriculture producers were confined to producers and exporters of 
primary products due to trade distortions in agriculture. Trade distorting domestic support for cotton 
by Members distort ed prices and disrupt ed international cotton markets, with severe consequences 
for the economy and social lives in African cotton produ cing countries, especially LDCs. In addition, 
it reduce d the potential to maximally leverage the cotton sector for industrial and economic 
development.  
4.13.   Given that cotton production was one of the most important sources of livelihood of th ose 
smaller econom ies, a sustainable solution to the challenges faced by many cotton farmers was the 
urgent resolution of t rade distorting domestic support  and the implementation of the Cotton Nairobi 
Ministerial Decision. Th at would ensure a competitive market and enable c otton producers the 
opportunity to harness better returns from the cotton sector. South Africa support ed initiatives that 
would advance the interests of cotton producing LDCs. Diversification into cotton by -products c ould 
generate sustainable parallel acti vities for income generation and employment in Africa. It c ould also 
provide additional income -earning opportunities for farmers  if investments were inclusive.  
4.14.   The representative of Cameroon  supported the statement made by Burkina Faso on behalf of 
the co-sponsors , associated with th e statement made  by the African Group and share d the views 
expressed by South Africa.  Cameroon  welcome d the comments made by Deputy Director -General 
Wolff. The COVID -19 pandemic ha d shown once again how cotton producing devel oping countries 
were vulnerable to external shocks despite the efforts that they ma de to modernise their productive 
capacity and support their farmers. Th at wa s why the discussions under the Consultative Framework 
were important on cotton development assis tance. The aim of th e programme was to exchange good 
practices and to support beneficiary countries to implement the necessary programmes to support 
the cotton sector.  
4.15.   Cameroon ha d one of the highest productivity rates with an annual average production of 
several hundred thousand tons with 1,900 permanent workers and 3,000 seasonal workers. 
Cameroon  create d value with the processing of cotton and produce d other crops  and invest ed in all 
of the key regions in its country. Because of the socio -economic impact  of cotton production, 
Cameroon reiterate d its willingness to participate constructively in discussions on cotton and invite d 
all stakeholders to pay considerable attention to th at important issue. Cameroon also welcome d the 
efforts of the Secretariat and Deputy Director -General Wolff who ha d ably steered the discussions.  
4.16.   The representative of Brazil  support ed the draft declaration proposed by the C -4 and Côte 
d'Ivoire . The draft declaration had been discussed by the Membership at the Director -General's 
Consultative Framework Mechanism on Cotton and at a Quad+ technical meeting. Cotton ha d a 
meaningful trade and development component. It was central to Brazil's international agricultural 
technical cooperation. Th e declaration renew ed the organization's commi tment to support technical 
assistance and capacity building activities related to cotton by -products in LDCs. Brazil  invite d all 
Members to equally extend the support for the adoption of th e declaration.  
4.17.   The representative of Pakistan  support ed the action plan proposed  by the  C-4 and Côte 
d'Ivoire  to enhance support for cotton by -products in LDCs. Pakistan recogni zed the specific 
development needs of LDCs and ha d always been supportive of the initiatives of the C -4. Pakistan 
had itself sponsored  technical assistance and capacity building activities to C -4 government officials, 
academia, cotton researchers in cotton production and textile manufacturing.  
4.18.   The action plan w ould help encourage the provision of technical assistance and capacity 
buildin g to developing countries and LDCs to achieve the objectives of enhancing revenue 
particularly for women farmers and increased participation of MSMEs in the economy through value 
addition in cotton and cotton related products. Cotton was an important secto r for Pakistan. 
Production of cotton and cotton related products contribute d hugely to its GDP and remain ed a major 
source of foreign exchange earnings. Pakistan  hoped that th e action plan w ould also allow for 
cooperation and more meaningful exchanges with  cotton growing countries and create mutually 
beneficial environment for all.  WT/GC/M/188  
 
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  4.19.   The representative of the United States  had participated in various discussions convened 
under the auspices of the Director -General 's Consultative Framework Mechanism on Cotton a nd ha d 
been pleased to hear directly from the C -4 members and others on issues such as cotton production 
and trade trends, benefits that ha d resulted from cooperative technical assistance cooperation 
efforts, and domestic cotton sector reforms. The United States  welcome d efforts of the C -4 and other 
cotton -producing members to further develop their domestic industries, including expanding 
opportunities for cotton by -products. Focusing efforts and energy on improving the domestic 
investment and regulatory environments woul d be the most productive way to encourage and foster 
innovations in th at important agricultural industry.  
4.20.   The United States  had undertaken a preliminary review of th e proposal and ha d some initial 
questions it intend ed to share with the proponents. The Uni ted States  would welcome direct 
engagement from the proponents in order to ensure that any potential outcome in th at area reflect ed 
a shared view of the expected outcomes from th at Action Plan and that any future engagement in 
the Consultative Framework be  consistent with the goals and competencies of the organization. The 
United States  hoped to be in a position to offer more concrete feedback on th e proposal at a future 
meeting  and stood ready to work constructively with the C -4 going forward.  
4.21.   The represen tative of Chad, on behalf of the  LDCs, support ed the C -4's position in the cotton 
negotiations. Cotton was an important economic and social issue for LDCs and play ed a key role in 
their development. The Group support ed the decisions taken by the C -4 Minist ers, in particular the 
need for their countries to implement programmes to moderni se their production systems and 
increase productivity through the development of research and extension services, access to inputs 
and financing, and structural transformatio n of cotton.  
4.22.   Support for cotton by -product development in LDCs was indispensable. Th at support reflect ed 
the strategic vision of the C -4 and LDCs as a whole on th at important development issue. Improving 
the yield of cotton production, developing value add ition, promoting a favourable legal and 
institutional framework for investment and increasing the marketing of cotton and cotton by -
products were primary objectives. The LDCs  reaffirm ed the need for a prompt resolution of the 
cotton issue in the WTO, emphasi sing the removal of the thorny issue of domestic support that 
create d distortions in the international cotton market and the opening of non -quota markets without 
tariff barriers for c otton exports originating in LDCs.  
4.23.   The LDC Group support ed diversification and increased resource mobilization to assist in the 
strengthening of cotton production and the development of the textile industries. The Group  
remain ed committed to multilateral n egotiation to find fair, balanced, substantial and durable 
solutions to the cotton issue at the WTO and trust ed in its ability to achieve greater integration of 
LDC economies into global value chains thus making trade a real lever for development, poverty 
reduction and inclusive growth.  
4.24.   The representative of India had been engaging meaningfully in providing assistance to 
strengthen both the agriculture and textile part of the cotton value chain in Africa. India had 
implemented a  USD 2.85 million Cotton Tech nical Assistance Programme in six African countries, 
namely – Benin , Burkina Faso, Chad, Malawi, Nigeria and Uganda over a period of seven  years from 
2012 to 2018. The programme had included a training and capacity building component as well as 
a component  related to the creation of infrastructure related to the cotton value chain.  
4.25.   At the Partners ' Conference held on the first World Cotton Day  on 7 October 2019, India had 
committed to the second phase of the Cotton Technical Assistance Programme based on th e success 
of Cotton TAP -1. In its second phase, the programme sh ould remain expanded in size and coverage  
– cover ing five additional countrie s, namely – Mali, Ghana, Togo, Zambia and Tanzania. The Cotton 
TAP programme w ould thus cover a total of eleven African countries including the C -4. In the spirit 
of South -South cooperation, India support ed the draft General Council Declaration in document 
WT/GC/W/808 on the  Action Plan to enhance support for cotton by -product development in LDCs.  
4.26.   The representative of  Turkey  value d the important role of the WTO in development assistance 
for cotton. Th at could also help build resilience against market shocks as witnessed during the 
current pandemic. The intensive exchange during the cotton days in 2019 and 2020 provided  an 
opportunity to review developments in the cotton sector and ongoing cotton development projects. 
Turkey strongly support ed the continuation of th at useful process in the coming years. Members WT/GC/M/188  
 
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  should redouble their efforts to find innovative ways to further strengthen development assistance 
on cotton.  
4.27.   Turkey w ould continue to work closely with the C -4 to further the discussion on reducing trade 
distorting support in agriculture negotiations and allowing all Members to fully benefit from their 
competitive advantages in th at important sector. Turkey was also willing to share its experiences to 
overcome the technical difficulties of cotton production and processing within the framework of 
capacity building activities an d technical assistance programme s. Turkey welcome d the action plan 
proposed by Burkina Faso on behalf of the C -4 and Côte d'Ivoire . 
4.28.   The representative of Jamaica , on behalf of the  ACP, said that c otton play ed an important role 
in development, the economy a nd the livelihood of the C -4. It was therefore important that Members  
support ed the initiatives of th ose cotton producing countries including the draft General Council 
Declaration presented to the Membership  that day by Burkina Faso on behalf of the C -4 and Côte 
d'Ivoire . As was the case with other commodities, it was important for Members to pledge their 
support for the co -sponsors and use all mechanisms necessary to ensure that the benefits of the 
production and trade in cotton c ould be maximi zed by th ose Members.  
4.29.   There were important issues highlighted in the declaration including technology transfer, 
enhancing value addition, supporting small stake holders including women and assisting the group 
in managing market shocks. Th ose were all critical issues th at if addressed could improve the ability 
of the co-sponsors to benefit from cotton. In that respect, the WTO ha d a critical role to play. In 
light of the importance of the issue at hand, the ACP Group support ed the initiative and reiterate d 
its support for the co -sponsors in their efforts to ensure that production and trade in cotton help ed 
to further improve the welfare of their people.  
4.30.   The representative of the European Union  thank ed Burkina Faso and the other C -4 countries, 
and Côte d'Ivo ire for presenting th e draft declaration on an Action Plan to enhance support for cotton 
by-product development. Following the Nairobi Decision on cotton, the European Union had 
continued to actively support efforts and contributions to enhance the product ion, productivity and 
competitiveness of the cotton sector in developing country Members, especially the LDCs.  
4.31.   The European Union had been an engaged partner at the WTO level  as well as at  regional  and 
national level s in partner countries where cotton ha d been identified as a priority sector. The 
European Union  continue d to support cotton projects through a number of its aid for trade 
interventions, including through its support to the EIF. The European Union had also recogni zed the 
importance of cotton by -products specifically in its programming. For example, the European Union' s 
2020-2023 programme in West Africa on competitiveness specifically include d a focus on the 
cottonseed oil sector.  
4.32.   The European Union's  object ives in supporting sustainable and inclusive cotton by -product 
value chains were to ensure an income to smallholder farmers but also a decent life and improved 
resilience for thousands of small producers in developing countries and especially in LDCs. The 
European Union  looked forward to continuing the discussion on the text in the new year with a view 
to finalising a text on a subsequent occasion.  
4.33.   The representative of Nigeria  noted that t he development of cotton value chains w ould unlock 
the economic potential of cotton producing LDCs and developing countries. Presently, resource -poor 
LDC and developing country cotton producers were struggling to survive under the weight of heavy 
trade distorting subsidies by large economies that h ad eroded developing countries' competitiveness 
both in the international and in the domestic markets. The economic difficulties of th ose countries 
were further worsened by their inability to diversify their efforts due to capacity constraints.  
4.34.   The effects  of those challenges on unemployment, poverty and livelihood security difficulties 
of developing countries c ould not be overemphasi zed. Countries with more diversified exports were 
more likely to produce a greater range of products that c ould be exchanged and become less 
vulnerable to export instability. The WTO as a key institution that underpin ned the integration of the 
global economy c ould and should support the development value chain of resource poor LDCs and 
developing countries.  Nigeria  therefore supported the adoption of the General Council Declaration 
concerning  an Action Plan to support cotton by -product development in LDCs.  WT/GC/M/188  
 
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  4.35.   The representative of Tunisia  associate d with the statement made by  the African Group and 
support ed the draft declaration  proposed by the  C-4 and Côte d'Ivoire contained in document 
WT/GC/W/808 concerning an Action Plan to support cotton by -product development in LDCs , and to 
guarantee additional resources to this sector within  the difficult context of the COVID -19 crisis.  
4.36.   The r epresentative of China  support ed the draft General Council Declaration in document 
WT/GC/W/808 concerning an A ction Plan to enhance support for cotton by -product development in 
LDCs. China ha d been, as always, a strong supporter and reliable partner  of the  C-4 and LDCs for 
agricultural cooperation particularly on cotton development assistance. China also support ed the 
statement made by  Deputy Director -General Wolff calling for increased support for the C -4 Action 
Plan. China w ould continue to play a constructive role through working with the WTO and other 
international organizations  and further explor ing all possibilities to expand collaboration and work 
effectively with other Members on cotton -related assistance  particularly by -product development in 
the C-4 and the LDCs.  
4.37.   The representative of Mozambique  associate d with the statements made by the African Group, 
the LDCs and the ACP and support ed the previous interventions made by delegations. Mozambique  
commended  the leadership of the C -4 and Côte d'Ivoire  as well as others on cotton issues and 
support ed their submission. As one of the beneficiaries of cotton development projects, Mozambique 
express ed gratitude for the efforts of the WTO and the donors , and to development partners a nd 
the EIF Secretariat, UNCTAD, ITC and UNIDO for their committed engagement in multiple forms on 
cotton matters. Th ose initiatives require d a deployment strategy learning from international 
experience and technological transfer.  
4.38.   The ways forward should ta ke a look at specific activities and engagement for all stakeholders 
related to th e matter aiming at development and to contribute to the process of the African regional 
integration where industrialization and value addition as well as development of value  chains were 
of outmost importance. Mozambique  request ed the development partners to maintain and consider 
the reinforcement of resources by enabl ing continued support for the next stage of the project 
implementation towards value -added activities and capacity building.  
4.39.   The importance of cotton by -products in LDCs was overwhelming due to its role on extracting 
cotton seed system, stability of farmers' revenue, increase of the cotton seeds' yields, reduction of 
environmental pollution, development of the local market, job creation, poverty reduction and 
product diversification. Cotton was of economic and social relevance. All challenges were still 
enormo us. The continued support through various initiatives and actions were therefore of great 
relevance to strengthen cotton development and participation in markets. Mozambique  reiterate d 
its gratitude to all partners and urge d them for more support , and comm ended th e WTO and all 
those engaged in supporting initiatives on cotton and the development of cotton by -products.  
4.40.   The representative of Australia  said that Members had  just heard t hat day of the enormous 
role that the commodity of cotton play ed in the liv es and livelihoods of cotton producing countries. 
Australia recogni zed the legitimate aspirations of the C -4 in their efforts on cotton including through 
the proposal that Members  were discussing t hat day. Australia ha d made considerable contributions 
to cotton production technical assistance efforts and ha d done so also through the mechanisms of 
the organization. The WTO c ould and should m ake a particular contribution to the lives of those 
involved in cotton production.  
4.41.   The outlook and the opportunities fo r cotton producers were to a very large extent a matter 
of fairness in global trade. There was a significant opportunity which was long overdue to make 
progress on cotton domestic support – one of the surest ways Members  could assist. Australia and 
the Cai rns Group w ould continue to work closely with the proponents to ensure a more open and 
fairer market for cotton globally to respond to the legitimate aspirations of cotton producers 
worldwide and to ensure that MC12 advance d their work as much as possible towards th at objective.  
4.42.   The representative of Haiti noted that it  had been clearly demonstrated that cotton and cotton 
by-products were important for the economies of the C -4. That was why Haiti as an LDC fully 
support ed the draft declaration which ha d been put forward by Burkina Faso on behalf of the C -4 
and Côte d'Ivoire . WT/GC/M/188  
 
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  4.43.   The Chairman  welcome d the exchanges t hat day on th e proposal for a General Council 
Declaration on Cotton By -Product Development in LDCs. Th at was a very i mportant issue and he 
invite d all Members to remain constructively engaged in the discussions so that positive action on 
the matter c ould be taken by the General Council in due course.  
4.44.   The General Council took note  of the statements.  
4.2  Statement by Deputy Di rector -General  
4.45.   The Chairman  recall ed that in 2004, the General Council had instructed the Secretariat to 
continue to work with the development community and to provide the Council with periodic reports 
on the development assistance aspects of the Cotton In itiative. The General Council had also 
instructed the Director -General to consult with the relevant international organizations, including 
the Bretton Woods Institutions, the FAO and the ITC, to direct effectively existing programmes and 
any additional res ources towards development of the economies where cotton ha d vital importance. 
The Bali and Nairobi Decisions had reaffirmed th e mandate and had invited the Director -General to 
continue to provide periodic reports.  
4.46.   Deputy Director -General  Alan Wolff, Chairman of the Director -General's Consultative 
Framework Mechanism on Cotton , report ed that the work of the Director -General's Consultative 
Framework Mechanism on Cotton ha d continued to make good progress during 2020. Th at was one 
of the least contentiou s areas of the WTO's work. The goodwill and active participation of all Members 
was remarkable and very much appreciated. The latest revision of the evolving table capture d the 
development assistance projects and programmes reported by Members and other or ganizations 
under the Consultative Framework. Th e update had been  circulated on 2 November in document 
WT/CFMC/6/Rev.29. 26 projects were listed in part one entitled "Cotton -Specific Development 
Assistance" for a total value of committed resources of USD 2 38 million.  
4.47.   For agriculture and infrastructure related development assistance where assistance related to 
cotton was provided under a more general agricultural infrastructure support programme, new 
projects had been  notified bringing to 51 the total number  of active projects which was up from 42 
in 2019. Participants regard ed the discussions in the Consultative Mechanism as being productive, 
dynamic and inclusive particularly under agenda item 6 entitled "Project Developments". In th ose 
discussions, benefic iaries had highlighted key elements in the new projects for feedback by potential 
partners and donors  and had shared results and lesson s learned from ongoing and concluded 
projects. Important presentations had been  made by partner organizations, companies and other 
institutions in which they had shared their experiences and best practices including case studies on 
the implementation and impacts of cotton projects.  
4.48.   Following a specific request made by the C -4, it had been  agreed that the evolving  table on 
cotton-related development assistance would include a new annex listing project demands presented 
by beneficiary country Members. Th at development w ould enable the dissemination of demand -
driven project requests while fostering multi -stakeholder coordination  and international monitoring 
through the participants of the Consultative Mechanism and contributing towards tangible and 
positive progress on cotton development assistance.  
4.49.   He expressed his  gratitude to the Members and multilateral agencies who ha d been active in 
cotton specific projects recorded in the evolving table. Th ose were Australia, Brazil, the European 
Union, France, Germany, India, Italy, The Netherlands, Sweden, Switzerland, the United States, EIF, 
FAO, ITC and UNCTAD. It was an amazing outpour ing of assistance from those countries and 
devotion to the tasks at hand. Further, he commend ed Brazil, China, India and Pakistan for their 
significant contributions on the platform of South -South Cooperation for Cotton Development 
Assistance. He encourage d all Members especially those with a variety of smaller projects that were 
either in the pipeline or ongoing to notify them to the Secretariat for proper inclusion in th e evolving 
table. Th at would greatly enhance transparency and further reinforce the ro le of the evolving table 
as a comprehensive monitoring tool of the updated project information focused on cotton.  
4.50.   Despite the health -related restrictions, the WTO had celebrated World Cotton Day 2020 which 
had also been commemorated by other partner founding organizations: FAO, UNCTAD, ITC, ICAC 
and UNIDO. Considering the current health and logistical restrictions, the WTO Secretariat  had 
organi zed activities in a virtual format through a dedicated webpage and new item a nd publication WT/GC/M/188  
 
- 20 - 
 
  of cotton trade information posted on WTO social media channels. Ministers, Ambassadors and Heads 
of various organization s and companies had submitted quotes on the importance of cotton to them. 
Those had been shared on social media and publ ished on the World Cotton Day dedicated webpage. 
The celebration had also been a way to recognise the work undertaken by all partners in cotton 
development assistance in the WTO Cotton Consultative Framework context. He thank ed Members 
for their support an d positive contribution in the Cotton Development Assistance Framework.  
4.51.   The General Council took note  of the report of Deputy Director -General Wolff.  
5  TWELFTH SESSION OF THE MINISTERIAL CONFERENCE – DATE AND VENUE  
5.1.  The Chairman  recall ed that at the October meeting of the General Council, he had  noted that 
the "working hypothesis" continued to be that MC12 would take place from 21 to 24 June 2021 and 
that the General Council would take the formal decision at the appropriate time. Th ose da tes had 
been suggested on the basis of the consultations he had then had with Members further to the 
renewed offer by Kazakhstan to host the Conference in 2021  – an offer for which the whole 
Membership remain ed very grateful. In fact, that was referenced i n the July and October meetings.  
5.2.  During the October General Council meeting, a number of delegations had concurred with the 
June 2021 dates as a working hypothesis noting however that th ose dates should be evaluated 
regularly given the persistent uncertain ties brought about by the COVID -19 pandemic. Other 
delegations referred to the need to prepare for contingency plans and called for flexibility on the 
date and venue of the Conference in view of the current conditions and other factors. Delegations 
general ly highlighted the importance of MC12 as a landmark event and urged the Membership to 
work together to achieve substantive outcomes.  
5.3.  Since then, he had continued his consultations with delegations including with Group 
Coordinators. Based on th ose discussio ns, the sense he was  hearing from Members was that, in light 
of the current situation, it was no longer realistic to envisage a June date for MC12, and that it w ould 
be necessary to consider alternative dates towards the end of 2021.  
5.4.  At the same time, and again on the basis of what he had heard from Members, in his view it 
was becoming increasingly important and urgent that a firm decision was taken  so that Members in 
Geneva  and in capitals ha d clarity on th e matter. Members had  unfortunately lost a lot of time t hat 
year – understandably given the ongoing ravages of the COVID -19 pandemic. There also continue d 
to be uncertainty about the evolution of the pandemic as Members approach ed the first months of 
2021 notwithstanding the encouraging news of emerging vaccines.  
5.5.  Therefore, following th ose discussions, he intend ed to continue to consult on th e matter, in the 
context of the updated information he had provided t hat day so that the General Council c ould take 
a formal decision on the date and venue of MC12 early in 2021. 
5.6.  The representative of Thailand  express ed appreciation to Kazakhstan for its offer to host MC12. 
As Members  move d into 2021 and further intensif ied their work in preparation for MC12, a concrete 
decision on the date of the Conference remain ed crucial for the optimal planning of their work, 
especially in the prioritization and targeting of deliverables . Thailand therefore support ed a decision 
on the date of MC12 a s early as possible. Members  would likewise  need to redouble  their efforts and 
keep up their pace. While Thailand remain ed flexible on the date and ready to join the consensus, if  
MC12 was to be further delayed due to external factors resulting from the pandemic, the date of the 
Conference should not be set too far from the current working hypothesis.  
5.7.  On a personal note, throughout her tenure in Geneva , she was  grateful for the trust, friendship 
and colla borations by all colleagues, especially during her time serving as the Dispute Settlement 
Body and General Council Chair in 2018 and 2019. It ha d truly been a great privilege for her to have 
worked with highly esteemed and professional colleagues, leaving her with greatly enriching 
experience. While she was leaving Geneva with some burden of thoughts on her remaining work and 
challenges facing the multilateral trading system,  she was doing so knowing that th ose matters were 
left in the capable hands of all of the delegates. She  would be rooting for the WTO and look ed 
forward to its great success from Bangkok. For her part, she would continue to be a firm supporter 
and a promoter of the multilateral trading system and the WTO wherever she would be. WT/GC/M/188  
 
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  5.8.  The repres entative of Botswana , on behalf of the  African Group , thanked the Chair  for his 
leadership on th e matter despite the uncertainties presented by COVID -19 that ha d had an 
implication on the Membership making a timely decision. The African Group share d the Chair's  
sentiment that the June 2021 date had becom e unrealistic to use as a working hypothesis . Over and 
above that , despite promises of a vaccine , it remain ed unclear whether the COVID -19 pandemic 
would be contained by that time.  
5.9.  In the event of such an eventuality, the African Group  suggest ed that consideration be given 
to returning to the December Ministerial cycle and  for MC12 to  be held in Geneva. Members  would 
also need to factor in delays in finalising the appointment of the next Director -General. The African 
Group  recogni zed the instrumental role the D irector -General  played both on the substance and 
logistics for the Conference  and called on Members ' coopera tion in finalising the selection process  to 
pave the way for preparations for MC12. The African Group remain ed available to consult further on 
the issue. 
5.10.   The representative of Namibia  associate d with the statement made by the African Group and 
to be made b y the ACP  and express ed its sincere appreciation to the Government of Kazakhstan for 
its offer to host MC12. While  welcoming the idea  of holding MC12 in June as a tentative date subject 
to the continued observ ation of the evolution of the COVID -19 situation, Namibia  also agree d to the 
sentiments expressed by the African Group to move it to December. As MC12 remain ed crucial , 
Namibia looked forward to a formal decision being taken by the General Council on th e matter . 
5.11.   With regard to the Appointment o f the next Director -General, Namibia appreciate d the efforts 
of the Chair for having facilitated the process  from its initial stage until the end of the consultation s. 
The process had been conducted in an open and inclusive manner in line with the procedur es for 
appointing the next D irector -General  as had been agreed by the General Council. Following  the 
Chair's  report on the outcome of the consultation s, Dr. Ngozi Okonjo -Iweala had attracted more 
support from Members and therefore in preparation for MC12, it would be  better for the process of 
appointing the new Director -General to be finalized soon. 
5.12.   On a personal note, he thank ed the Chair and colleagues for the support during his tenure in 
Geneva as well as for the well wishes for his departure. He wished everyone all  the best as they 
continue d to advocate for the multilateral trading system.  
5.13.   The representative of Singapore  support ed an early decision on the date and venue of MC12. 
If possible, Members  should have agreement on th at by early 2021. Th at would provide certainty 
and predictability to the WTO's work in the midst of the COVID -19 pandemic and would send  a signal 
to the world that  Members were  committed to moving the trade agenda forward. Singapore  remain ed 
flexible concern ing the date and venue of MC12 including its format. It would  however  naturally be 
preferable to have an in person meeting or at least a hybrid one. The timing of MC12 should also 
take into account the systemic interest of the WTO including the timing of t he appointment of the 
new Director -General and the importance of ensuring that MC12 deliver ed concrete outcomes. 
Singapore register ed its appreciation to Kazakhstan for its offer and flexibility to host MC12.  
5.14.   The representative of Barbados  reiterate d its appreciation to the delegation of Kazakhstan for 
its generous offer and continued commitment to host MC12. Barbados  was acutely aware of the 
challenges associated with weighing health and security concerns and the need for certainty if 
Kazakhstan was to prepare for the hosting of a Conference of such a magnitude effectively and 
efficiently  while dealing with the uncertainties surrounding the COVID -19 pandemic. Barbad os was 
also cogni zant of calls from some Members to delay the hosting of MC12 until later in 2021.  
5.15.   Like others, Barbados could go ahead with an emerging consensus of the date and time of 
MC12 but  stress ed the need for consultations among Members with a clear view of ensuring that 
MC12 would  not conflict with other major meetings on the internation al agenda particularly UNCTAD 
15 scheduled to take place on 3 -8 October 2021 and would accommodate the participation of all 
Members. Barbados encourage d the WTO to pay attention to the process of the selection of the next 
Director -General which w ould be critical in th e process. MC12 w ould come at a critical time for the 
organization, its Members and multilateralism. Barbados therefore reiterate d its commitment to 
positively contribut e to a successful and productive MC12.  WT/GC/M/188  
 
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  5.16.   The representative of Mongolia  welcome d Kazakhstan's commitment to host MC12 despite its 
postponement due to the pandemic. The WTO should  strive to deliver in a timely manner. The speed 
of COVID -19 ha d already pushed backwards what Members  should have deli vered th at year. The 
good news was that some countries ha d already started vaccination. According to Article IV of the 
Marrakesh Agreement Establishing the WTO, the Ministerial Conference should meet at least once 
every two years. It ha d already been three  years since Members  had the previous Ministerial 
Conference. They had already lost one whole year. 2020 had driven the global economy into a 
recession  prompting  Members  to facilitate and protect the normal flow of trade as soon as they 
could. It was a tim e to act – not to wait. Mongolia  called on all Members to come to a decision at 
the earliest possible time and no later than the beginning of the new year to put an end to existing 
uncertainties. Mongolia expresse d its support  for the holding of MC12 in Ka zakhstan – an Asian and 
a landlocked developing country . 
5.17.   The representative of Jamaica , on behalf of the ACP, noted the importance of convening MC12 
in that it allow ed Ministers to take important decisions and by extension provide mandates and 
guidance for  future work in various areas. The ACP Group  thank ed the Government of Kazakhstan 
for its generous offer to host MC12  and took note that Members prefer red to postpone the 
Conference until late 2021 perhaps returning to an end of year cycle. The ACP Group  welcome d the 
decision and would go with the consensus. Any dates to be agreed should  accommodate the concerns 
of all Members including the psychological comfort of delegates  and the likely effect that the virus 
could have in their capitals.  
5.18.   The ACP Group urge d for consultation s on the new dates for the Conference to ensure that it 
would  not overlap with other major international meetings such as UNCTAD -15 that require d the 
undivided attention of Ministers many of whom were also in charge of WTO affairs. Notwithstanding 
the progress which was being made in some capitals in respect of the containment of the virus and 
discovery of vaccines and other medicines, uncertainties conti nued as regards the return to normalcy 
including in those capitals with less resources. Hence it could  well be that certain international travel 
restrictions w ould continue into 2021. The ACP Group  support ed the Chair in his plans to begin th ose 
consultati ons as soon as possible.  
5.19.   The representative of Guyana , on behalf of  CARICOM , thank ed Kazakhstan for its continuing 
interest and commitment to host MC12. Mindful of how Members wer e ending th e year with an 
unavoidable loss of valuable preparation time both in Geneva and in capitals, CARICOM share d the 
concerns expressed by other delegations about public health challenges which could overshadow 
and overburden preparations for MC12 well into 2021. CARICOM nevertheless was committed to the 
achievement of a succ essful and productive Conference and w ould support an approach that w ould 
place public health and the ability of all delegations to participate in the Conference at the heart of 
the decision -making process in the coming months.  
5.20.   The representative of Austra lia reiterate d its appreciation to Kazakhstan for its ongoing 
flexibility in setting the date and venue for MC12. Australia  agree d with the sentiment that June 
2021 was no longer a realistic prospect. Ministers and the Membership need ed time to effectively  
prepare for MC12. Australia  would be ready to support a working hypothesis of late 2021 or 
December 2021. As to the venue, Australia  was interested in sharing views on what could  be most 
practical . Australia also saw value in recognising Kazakhstan's role in th e Ministerial meeting 
wherever  and whenever  MC12 would take place . In any event, Members needed a decision on th e 
matter as early as possible in the new year.  
5.21.   The representative of the United States  joined other s in noting its appreciation to the 
Government of Kazakhstan for its offer to host MC12. As Members  reflect ed on the current state of 
the global pandemic and on possible scenarios for 2021, it w ould appear  that June 2021 was no 
longer a realistic target. T he organization would be better served by making the decision soon to 
begin planning for a date later in the year, most likely returning to the normal timeframe of 
December. The United States  urged Members to seriously consider reaching a decision early ne xt 
year to identify a date for the Ministerial Conference that t ook into account the evolution of the 
pandemic and the need to provide a predicable timeframe to help guide Members'  work ahead.  
5.22.   The representative of Malaysia  was cognisant of the C OVID -19 pa ndemic and other 
unprecedented developments which ha d disrupted Members'  plan to h old MC12 from 
21-24 June 2021 in Nur -Sultan, Kazakhstan. On th at note, Malaysia welcome d the Chair's 
consultations on the way forward o n MC12 date and venue and st ood ready to contribute towards WT/GC/M/188  
 
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  achieving a meaningful outcome. In any event, Malaysia thanked Kazakhstan for its offer to host 
MC12.  
5.23.   The representative of Colombia  noted that, g iven the developments of the COVID -19 
pandemic, Colombia  share d the Chair's  sentiment that there was a fair likelihood that June 2021 
would  not be a feasible date for MC12. The end of 2021 would be better. With Members'  ongoing 
work, Colombia  hoped that the decision on MC12 date and venue w ould be taken by the General 
Council as soon a s possible  and without the need of having to wait until the next regular meeting of 
the General Council. Colombia remain ed flexible and w ould join the consensus  in that regard . 
Colombia likewise thank ed Kazakhstan for its generous and ongoing offer to host  MC12.  
5.24.   The representative of the Russian Federation  said that it  was important for the Membership 
to have in mind specific dates for MC12 as it would establish a certain benchmark for the ongoing 
negotiation processes and would help the Members and the hos t in their preparations . MC12 
remain ed a crucial event for the WTO. Delivering meaningful outcomes at the Conference was 
essential given the current challenges that the global trading system was facing.  It was however 
obvious from t hat day's discussion tha t the working hypothesis of June 2021 was no longer realistic. 
In that regard, Members  should  have a Plan B ready including an option of having MC12 at the end 
of 2021. Russia welcome d the continuous availability of the Government of Kazakhstan to host the 
Conference. Russia  unders tood however that the Membership could  not be in a position t hat day to 
adopt a formal decision on MC12 date and venue. Even so, Russia  stress ed the importanc e of 
reaching consensus on th e issue as early as possible and hopefully at the beginning of next year.  
5.25.   The representative of the Republic of Korea  noted that Members  had started th e year with 
high hopes on tackling  key issues in the lead up to MC12 in June . It would have demonstrated that 
the WTO had still been relevant and could  still produce positive outcomes as they had envisioned. 
Due to unprecedented challenges posed by COVID -19, the Ministerial Conference ha d however  been 
postponed to  next year and pr ogress in negotiations and WTO reform ha d slowed considerably. In 
order to push forward negotiations and show political will on major issues, it would be  crucial to hold 
the Ministerial Conference sometime next year. To delay the Ministerial Conference fur ther would 
have grave setbacks on the progress made so far and further weaken the momentum. Korea was  
flexible as to the exact date and venue. The bottom line was that MC12 should be held in 2021.  
5.26.   The representative of India said that h olding the much dela yed MC12  remain ed a matter of 
urgent priority for Members. The certainty of the schedule for MC12 would allow  Members  to work 
collectively towards implementing a work plan with appropriate markers and ambition for outcomes 
by then. It w ould also help mute criticism that the WTO was unable to hold the Ministerial Conference 
during th ose critical times.  The decision regarding hosting MC12 should however be best left to the 
host – Kazakhstan. India acknowledge d Kazakhstan' s continued commitment  to host MC12 at Nur -
Sultan despite the uncertainty associated with the global C OVID -19 pandemic. Kazakhstan deserve d 
to take the final call regarding its scheduling for there  to be clarity on the MC12 schedule soon.  
5.27.   The representative of Hong Kong, China  noted that a n early decision on the date and format 
of MC12 would be necessary. It w ould not only facilitate work and logistical planning but would also 
help focus Members'  attention and energy on the deliverables at MC12 and keep the momentum 
going. Hong Kong, China was grateful for Kazakhstan's continued commitment to hosting MC12. But 
noting the uncertainties brought about by the COVID -19 pandemic and the concerns expressed by 
delegations, Hong Kong, China  was open-minded on possible alternative dates and format of MC12.  
5.28.   The representative of the United Kingdom  agree d that June 2021 no longer look ed like a 
realistic date for MC12. The United Kingdom was both flexible of dates and venue but join ed others 
in thinking t hat perhaps  December was the time to go for . On the venue,  the United Kingdom was  
flexible and thank ed Kazakhstan for its ongoing willingness to host the Conference. The priority 
should  be to agree on MC12 date and venue as soon as possible in the new year  so that Members  
could all plan towards that and aim the negotiating processes to deliver on that. It w ould be 
important to build milestones into the 2021 Work Programme that w ould allow MC12 to be a 
substantial Conference commensurate with the need for the global trading system to play its central 
part in building back better after COVID -19. 
5.29.   The representative of Turkey  thank ed Kazakhstan for its continued commitment and flexibility 
to host MC12 despite the serious challenges posed by the global health c risis. Although Members  WT/GC/M/188  
 
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  had all adapted themselves to the new normal and that the development of vaccines had made 
considerable progress, there were still uncertainties due to the evolving situation of COVID -19. 
Turkey  would like MC12 to be held at the ear liest opportunity as long as the pandemic situation 
permit ted. It however seem ed that June 2021 would not be feasible considering the evolving and 
unpredictable situation. Turkey was therefore  flexible on the date and venue and ready to join the 
consensus on the basis of the Chair's consultations.  
5.30.   The representative of South Africa  share d the sentiment that June 2021 was no longer a 
realistic working hypothesis in view of the evolution of COVID -19 but also importantly as indicated 
by the African Group that Members  had not yet concluded the selection process for the next Director -
General. The role of the Director -General was critical in organising a Ministerial Conference. It would 
make sense to g o back to the normal cycle of Ministerial Conferences as Member s looked at a suitable 
date for MC12. South Africa  hoped for the conclusion of th e issue at the earliest opportunity , would 
work constructively with the Chair and other Members in th at regard  and thank ed Kazakhstan for its 
availability to host MC12.  
5.31.   The re presentative of Tunisia  shared the Chair's sentiment r egarding the difficult y in holding 
the Conference in June 2021.  The health situation remain ed worrying with the most optimistic 
scenarios project ing the end of 2021  as the earliest period for the pandemic to be contained . In 
addition, with the selection  process for the Director -General  yet to be concluded and the stagnation 
in most areas of negotiations due in particular to the disruptions caused by COVID -19, it would be 
advisable  to postpone  the holding of MC12 . 
5.32.   The representative of Ecuador  said that it was essential to fix a date in 2021 for MC12  and 
thanked Kazakhstan for the generosity it ha d shown to host MC12 and for its flexibility with regard 
to the organizat ion of th e event . Ecuador  was flexible and would  join the consensus on the matter. 
Taking a decision on MC12 date and venue w ould help Members  focus their work and set the work 
programmes for 2021. It w ould also enable them to have substantive discussions in Geneva which 
would enable them along the wa y to ensure a successful Ministerial Conference. Ecuador  trusted the 
commitment and work of the Chairs and Facilitators of the different negotiating groups and thank ed 
the Coordinators of the JSIs. Members shou ld redouble their efforts to effectively carry out WTO 
work in view of MC12.  
5.33.   The representative of the Philippines  expresse d appreciation to Kazakhstan for its continuing 
offer to host MC12 despite the difficult and multifarious challenges posed by the COVID -19 pandemic. 
While it share d the sentiments expressed by a number of Members t hat day and in past General 
Council m eeting s on the importance of coming to an agreement on the dates for MC12 without 
further delay, the Philippines was  also fully cognizant of the risks and uncertainties brought about 
by the COVID -19 pandemic.  The Philippines  welcome d the progress achieved in the  development of 
the vaccine but th at alone would be insufficient to quell any disquiet about the lingering threat of 
the COVID -19 pandemic and the potential risks to the health and safety of delegates.  
5.34.   In Geneva alone, the recent spike in COVID -19 infectio ns should give Members  more food -
for-thought  not to reconsider the holding of MC12 but to improve the necessary administrative, 
organizational, and logistical systems, including the use of hybrid means, to protect delegates 
against the virus and prevent tr ansmission during meetings.  Successfully holding MC12 at the date 
to be agreed upon by the Membership, delivering much -needed substantive outcomes, and 
continuing on a path to reform, would send a strong signal that the WTO was ready to tackle the 
urgent p roblems of today and face the challenges of tomorrow.  
5.35.   The representative of Brazil  noted that, a s the year c ame to a close, Members  still d id not 
have a clear picture of what was ahead regarding the COVID -19 pandemic. Members  should have a 
Plan B ready. They could not afford yet another year without the Ministerial Conference. Brazil was 
grateful to Kazakhstan's goodwill and commitment to host MC12. Should it prove impossible to hold 
MC12 in Kazakhstan, Brazil was flexible and Members should be open to cons ider other venues. It 
was important that MC12 t ook place still in 2021. Members need ed to provide undivided attention 
to negotiate a credible and relevant package for MC12. It was time to move on  and start preparing 
the package as soon as possible.  
5.36.   The rep resentative of Chinese Taipei  said that i f MC12 was to be delayed, the new date should 
not be too far away from the original date of June 2021, ideally within the same year. Further delay WT/GC/M/188  
 
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  of MC12 could have a worse impact on the momentum that Members  had built for the current 
negotiations and project a neg ative image on the WTO's  ability to manage challenges. Considering 
the highly uncertain situation caused by the pandemic, Members  should not rule out the possibility 
of having a hybrid MC12 or even a virtual meeting if necessary. Chinese Taipei  support ed an early 
decision on MC12 date and venue  and thanked Kazakhstan for its offer to host MC12.  
5.37.   The representative of Japan  extended its appreciat ion to  Kazakhstan for its offer to host MC12  
and noted that Members should  continue their coordination on the timin g of MC12 in 2021 in 
consultation with Kazakhstan. Given the current situation of the COVID -19 pandemic, Japan was 
open and flexible to suggestions on the dates and venue of MC12. Members however  needed to 
make a decision by the next General Council at the  latest to have enough time to prepar e. As MC12 
was a critical milestone for substantive WTO work, Japan point ed out three elements: first, MC12 
should use a hybrid format in a flexible way ; second,  it could be instrumental to hold informal 
Ministerial mee tings during the period in the run up to MC12 and third,  it was important to appoint 
the new Director -General as soon as possible to facilitate  the smooth preparation s for MC12.  
5.38.   The representative of Nigeria  associate d with the statements made by the African Group and 
the ACP  and thank ed the Government of Kazakhstan for its continued offer to host MC12 despite the 
challenges faced due to  COVID -19. An early decision on MC12 date and venue was essential since 
the Minister ial Conference was the highest decision -making body of the WTO. It was therefore 
important for Members  to consider the need for Ministers to meet, take stock of negotiations and 
take appropriate decisions on various trade issues being negotiated. Th at would no doubt help th e 
institution in moving forward. Nigeria  shared  the concern s expressed on the challenges likely to be 
faced if MC12 was to take place in June 2021 and the proposal to take the option of moving it to 
December 2021. The decision on specific  dates in December 2021 should  however  be taken after 
due consultations with capitals to avoid any overlap with any other international events.  
5.39.   In addition, the conclusion of the WTO DG Selection Process early in  2021 w ould be significant 
as alluded by som e delegations in their statements. It was true that some significant achievements 
in the conduct of the process had been  remarkably completed in accordance with the guidelines of 
the DG Selection Process. Nigeria  urged the concerned Members to let the rema ining issues be 
addressed diplomatically for the mutual benefit of the WTO as an institution and the need for more 
progress in the multilateral trading system. Completing the process w ould no doubt assist in the 
early preparation for MC12 and in achieving expectations for fruitful outcomes.  
5.40.   The representative of Cambodia  support ed and thank ed Kazakhstan for its offer to host MC12 
tentatively  scheduled  on 21 to 24 June 2021. Due to the COVID -19 pandemic, Members  should allow 
Kazakhstan to continue its assess ment and consultation then make a proposal on the date and venue 
depending on the situation while ensur ing that all Members c ould participate in the event. Cambodia  
remained flexible to join the consensus on MC12 date and venue and look ed forward to working 
closely with all Members to achieve  inclusive and meaningful outcomes.  
5.41.   The representative of Afghanistan  noted the Chair's statement regarding the postponement 
of MC12 and share d the concerns raised by the Chair on the June 2021 date gi ven the situation 
caused by the global health crisis. Afghanistan acknowledge d and appreciate d the Government of 
Kazakhstan for its constant readiness to host MC12 and flexibility with the new date. Afghanistan 
was likewise  flexible in setting a new date f or MC12. Members should  in any case  take a firm decision 
on it promptly possibly in the beginning of 2021.  
5.42.   The representative of Uruguay  thank ed Kazakhstan for its offer to host MC12. Since the 
current global health situation require d ongoing assessment, M embers would be well advised to 
postpone MC12 until the end of 2021. Th ose circumstances c ould provide Members  with a firmer 
horizon and the possibility of being able to have the input and participation of the new Director -
General in the preparations and c onduct of MC12.  
5.43.   The representative of Mexico  said that Members  did not know when they could hold the 
Conference due to the measures put up by a lot of countries caused by the second wave of COVID -
19. Although some countries ha d already started their vaccin ation campaigns, it was still uncertain 
when such would become universal and whe n the situation would normalise . Mexico  thanked 
Kazakhstan for its ongoing commitment to the WTO in hosting MC12  and reaffirm ed its commitment 
to constructively participate in the consultations a nd in the consensus on MC12 date and venue . WT/GC/M/188  
 
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  5.44.   The representative of Chad thanked Kazakhstan for its ongoing offer to host MC12  and noted 
that Members  seem ed to be seeing consensus taking shape for December 2021 as the date for 
holding MC12. Chad could consider that as a working hypothesis insofar as Members  still found 
themselves in a state of uncertainty and lack of clarity when it c ame to the further unfold ing of th e 
pandemic even though there was the prospect of vaccines for 2021.  
5.45.   The representative of the Kingdom of Saudi Arabia  thank ed Kazakhstan for its continuous 
generous offer to host MC12  and share d the Chair's view regarding the MC12 date given the 
increasing level of uncertainty due to the evolving COVID -19 pandemic. Saudi Arabia was  open and 
flexible for any specific date in 2021 for the upcoming MC12.  
5.46.   The representative of Indonesia  said that d ue to the challenges posed by the COVID -19 
pandemic, it  would be impossible to convene the meeting in June 2021. The determination of MC12 
date and venue was of paramount importance for Members'  work to keep the momentum and ensure 
that they had a fixed timeline to finish their tasks. Indonesia remain ed open t o discuss a new date 
for MC12 including to revert to the previous cycle. At the same time, it thank ed the Government of 
Kazakhstan for its continued commitment to host MC12  and was  open to hearing its suggestion on 
the matter . 
5.47.   The representative of Haiti associate d with the statement made by CARICOM and the LDCs  
and thank ed Kazakhstan for its continued availability to host MC12. Given the uncertainty 
surrounding the situation caused by the COVID -19 pandemic, it d id not seem to be feasible  to hold 
MC12 in June 2021. The end of 2021 was a more realistic date.  Haiti remained  ready to join the 
consensus  regarding the date for MC12.  
5.48.   The representative of the Republic of Moldova  appreciate d the Government of Kazakhstan's 
offer to host MC12. At the same time, Moldova  echoed the sentiments as mentioned by several 
delegations and the Chair in supporting the idea that organising the next Ministerial Conference in 
June 2021 would bring too many uncertainties linked to the pandemic and to the start of the work 
of the next Director -General. Moldova remain ed flexible on  the matter but belie ved that  it was more 
realistic for MC12 to  take place at the end of 2021. Despite the many unclear answers on how, if 
and when the immunization against COVID -19 would become effective,  Moldova favoured an in 
person meeting . Moldova  support ed an early decis ion on MC12 which would provide more clarity as 
Members organi zed their work ahead . 
5.49.   The representative of Kazakhstan  emphasi zed the unprecedented challenges that  Members  
were all facing throughout 2021 at the global level, back in their country, in their families and 
individually due to the COVID -19 pandemic that had affected all spheres of life. Th at wa s a dramatic 
stress test for global trade, national econom ies and public health system s. In th at context and 
despite all difficulties, Kazakhstan  reiterate d the consistent and continued commitment and 
readiness of its government to host, chair and play an active role in the organization of the next 
Ministerial Conference. Kazakhstan's  offer with the dates 21 -24 June 2021 was still on the table and 
remained valid.  
5.50.   At the same time, Kazakhstan had  listened carefully to d elegations and had recogni zed all the 
challenges posed by public health concerns and consequently, restrictions on travel and public 
gatherings ha d been imposed by  the Government  of Kazakhstan  since March 2020 until the present 
and with high probability of  their extension throughout the first quarter or the first half of 2021 due 
to the COVID -19 pandemic. Kazakhstan had  made realistic assessments of all th ose developments 
in relation to the date and organization of MC12.  
5.51.   Kazakhstan st ood ready to engage in further consultations with the Membership under the 
able leadership of the General Council Chair, Ambassador David Walker, regarding the date, venue, 
format and other issues related to MC12 with the aim to enable all Members to make a firm and 
hopefully fi nal decision early next year. Kazakhstan thank ed everyone for their strong and 
unanimous support to its offer to host MC12  and to their efforts in consistently demonstrating trust 
and confidence in its government's commitment and capacity to host such an i mportant event.  
Kazakhstan assure d everyone that it remain ed committed to make MC12 a success.  
5.52.   The Chairman  reiterated that he would continue to consult with the intention that the General 
Council c ould take a formal decision on the date and venue of MC12 early in the new year.  WT/GC/M/188  
 
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  5.53.   The General Council took note  of the Chair man's report  and of the  statements.  
6  WORK PROGRAMME ON ELECTRONIC COMMERCE  
6.1  Reports by the Chairs of the Council for Trade in Goods and the Council for Trade in 
Services (G/C/67; S/C/61)  
6.1.  The Chairman  drew attention to the reports submitted by the Chairs of the Council for Trade 
in Goods and of the Council for Trade in Services to the General Council, contained in documents 
G/C/67 and S/C/61, respectively.  In that regard, he invite d the Chairs of the Council for Trade in 
Goods and of the Council for Trade in Services to introduce th ose reports  as well as t he Chair of the 
Council for TRIPS to make a statement on the developments in th at area. 
6.2.  Ambassador Mikael Anzén  (Sweden ), Chairman of the Council  for Trade in Goods , noted that 
his factual report to the General Council under th e agenda item was contained in document G /C/67. 
He recall ed that since MC12 ha d been postponed on two occasions and in order to fulfil the mandate 
of the Goods Council, at its meetings of 10 -11 June and 25 -26 November,  his predecessor and he – 
respectively – had invited delegations to continue to express their opinions and to make suggestions 
as to how to work on the preparation of the periodic review to be held in the General Council in 
preparation for MC12.  
6.3.  At the June meeting, the LDC Group, and at the November meeting, the African Group – 
respectively – had acknowledged the importance of e-commerce for their developmental, economic, 
and social aspects. The delegations had reiterated the importance of reinvigorating the Work 
Programme to discuss and address the difficulties faced by developing and LDC Members  in order to 
allow them to benefit from e-commerce while enabling equitable participation and meaningful 
distribution of the economic and transformational benefits of e-commerce to all Members.  
6.4.  During the discussions, it had been  mentioned that it had been important to understand first 
the multifaceted dimensions of e-commerce. On issues such as its effects on competition and market 
structures, transfer of technology, data storage and automation, as well as its impact on traditional 
jobs and gaps in re gulatory frameworks in developing countries.  
6.5.  It had also been indicated that strengthening the multilateral work under the Work Programme 
would contribute to a better understanding of the implications of the moratorium on customs duties 
on electronic trans missions. In th at regard, it had been  mentioned that MC12 would give an 
opportunity for taking a decision on the moratorium. Concerning the examination of the e-commerce 
aspects relevant to the GATT 1994 and the Agreements in Annex 1A of the Marrakesh Agre ement, 
the C ouncil for Trade in Goods  had specific functions.  
6.6.  At those meetings, various delegations had also indicated that the COVID -19 pandemic had 
demonstrated the increasing importance of e-commerce. They had also reminded Members to 
expedite their wo rk in the area of e-commerce in a participatory and inclusive manner, considering 
the gap between developed, developing and LDC Members that needed to be addressed.  
6.7.  Ambassador Tan Hung Seng (Singapore) , Chairman of the Council  for Trade in Services , 
reported that, at the meeting of the Council for Trade in Services held on 4 December, Members had 
agreed that he would produce, under his own responsibility, a Chair's Report  to the General Council 
providing a snapshot of the discu ssions under the Work Programme on Electronic Commerce that 
had taken place at the CTS since the last such report had been  issued a year ago.  The report was 
circulated in S/C/61.  In that regard, he  highlight ed three points in the Report . 
6.8.  First, Members had engaged actively and they had substantive discussions under the Work 
Programme.  They had exchanged useful and detailed information about each other 's initiatives and 
experiences in the digital sphere as well as their national efforts to promote an enablin g e-commerce 
environment.  
6.9.  Second, Members had recogni zed the crucial role that e -commerce play ed in facilitating 
economic growth and development, and many had noted that the COVID -19 pandemic ha d 
accentuated and accelerated th at aspect. While acknowledging  the benefits of e -commerce, various WT/GC/M/188  
 
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  delegations had called for the Work Programme discussions to focus on the challenges faced by 
developing countries in th e area. 
6.10.   Third, Members had touch ed upon the moratorium on customs duties on electronic 
transmission  and the JSI process in the course of the Council's discussions and it w ould come as no 
surprise that Members continue d to hold different views on th ose issues.  
6.11.   Ambassador Xolelwa Mlumbi -Peter (South Africa) , Chair of the Council  for TRIPS , provided a 
brief report  under her own responsibility  on discussions in the TRIPS Council with respect to the 
Work Programme on Electronic Commerce during th e year. Different from other WTO bodies, 
electronic commerce was not a standing item on the agenda of t he TRIPS Council and the last time 
that the TRIPS Council ha d had a substantive discussion on th e topic date d back to May 2016.  
6.12.   At the February meeting of the Council, her predecessor had encouraged Members to fulfil 
the Ministerial mandate under the Work Programme, and had indicated that the Chair would report 
on any such discussions to the General Council. Since then, the item of e-commerce ha d been on 
the TRIPS Council's agenda at two meetings.  
6.13.   In July, the delegation of South Africa had requested the in clusion of an item "IP and the 1998 
Work Programme on Electronic Commerce" on the agenda of the Council's meeting. The submission 
in document IP/C/W/665, circulated in support of th e item, had emphasi zed the link between IP and 
development, and the achievement of the UN Sustainable Development Goals, and had highlighted 
the importance of the transfer and dissemination of technology under the TRIPS Agreement.  
6.14.   In the subsequent discussion, some Members had emphasi zed that the pace of digiti zation, 
which ha d accelerated with the COVID -19 outbreak, ha d varied across economies, and that the 
requisite technology should  be made available to developing and LDC economies in order to bridge 
the digital divide and make electronic commerce discussions meaningful. Others had reiterated the 
importance of a reliable and predictable system of IP protection and enforcement to voluntary 
transfers of technology and had recogni zed the importance of creating conditions that e ncourage d 
such mutually beneficial technology transfer on commercial terms.  
6.15.   Members had held different views about the relevance of anti -competitive practices in th at 
context and about the interpretation of the TRIPS Council's mandate to discuss "new techn ologies 
and access to technology" under the Work Programme.  
6.16.   At the Council's October meeting, at her own request, the Council had discussed how to pursue 
its mandate under the 1998 Work Programme on Electronic Commerce more broadly, and in 
particular on wh ether to make th at a standing item on the Council's agenda. While there had been 
broad support for engagement on the topic of e-commerce in the TRIPS Council in general, and 
individual delegations  had suggested specific topics for discussion, a number of d elegations had 
preferred however that such discussions would take place under ad hoc items proposed by 
delegations as th at would ensure a more focused engagement in concrete discussions.  
6.17.   Future discussions in the TRIPS Council on th e topic w ould therefore depend on the initiative 
of Members to request such items for inclusion at future meetings. As Chair of the TRIPS Council, 
she would continue to encourage Members to discuss e-commerce issues of interest to them as 
mandated by the Work Programme.  
6.18.   The Chair man extend ed his gratitude to the Chairs for the work carried out on e -commerce 
in their respective bodies and for their reports. He recall ed that, at the October meeting, he had  
urged all delegations to deepen engagement on both the Work Programme and the  Moratorium in 
line with the December 2019 General Council Decision.  
6.19.   Thereafter, on 16 November, he had  sent a communication to all Members in which he had  
recalled that the 2019 General Council Decision had called for the reinvigoration of the Work 
Programme and the holding of structured discussions based on topics of interest brought forward by 
Members including on scope, definition and impact of the Moratorium – and that Members had also 
agreed to extend th e Moratorium until MC12. In the same communication, he had  invited Members 
to submit proposals for structured discussion ahead of th e meeting. One communication ha d since 
been received which w ould be  taken up shortly . WT/GC/M/188  
 
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  6.20.   The General Council took note  of the r eports in G/C/67 and S/C/61 and of the Chairs' 
statements.  
6.2  Work Programme on Electronic Commerce and Moratorium on Imposing Customs 
Duties on Electronic Transmissions – Request from India  
6.21.   The Chairman  recalled that the delegation of India had  requested tha t the item on "Work 
Programme on Electronic Commerce and Moratorium on Imposing Customs Duties on Electronic 
Transmissions"  be included in the agenda of t hat day's meeting and invite d India to take the floor.  
6.22.   The representative of India said that, as  the digital revolution was still unfolding, India ha d 
on a number of occasions reiterated that it was important to first understand the complex and multi -
faceted dimensions of issues related to e -commerce. Members we re all yet to fully comprehend the 
implications of effects of e -commerce on competition and market structures , issues related to 
transfer of technology , data storage and automation and its impact on traditional jobs and the gaps 
in policy and regulating frameworks in developing countries. Keepi ng that in mind, India ha d been 
a proponent of strengthening the multilateral work under the non -negotiating and exploratory 1998 
Work Programme on Electronic C ommerce.  
6.23.   Under th e multilateral Work Programme and with the intention of understanding the 
implications of the moratorium on customs duties on electronic transmissions , India along with South 
Africa ha d introduced three submissions which explain ed their understanding on the scope and 
impact of the Moratorium.  In December 2019 India had joined the consensus on the six months 
extension of the Moratorium with the understanding that the Work Programme on Electronic 
Commerce w ould be reinvigorated with the specific objective of achieving clarity on issues related 
to the scope of the Moratorium , the definition of electronic transmissions , identification of products 
which were covered under the Moratorium  as well as its impact.  
6.24.   To further the discussions on the Work Programme on Electronic Commerce  in the General 
Counci l and other concerned WTO bodies, India and South Africa ha d submitted a paper circulated 
in document WT/GC/W/812 which s ought  that th e General  Council should play a central role in the 
discussions on the Work Programme and keep it under continuous review through a standing item 
on its agenda, and take up any trade ‑related issue of a cross -cutting nature. They also s ought  that 
the General  Council should direct that the Work Programme on E lectronic Commerce be a standing 
item in the relevant WTO bodies as ma ndated and set out in WT/L/274. In line with that,  India urged 
Members to engage sincerely on th ose issues under the multilateral Work Programme  in the General 
Council and in the relevant WTO Bodies.  
6.25.   The General Council took note  of the statement.  
6.3  Reinvigo rating the Work Under the 1998 Work Programme on Electronic Commerce – 
Communication from South Africa and India (WT/GC/W/812)  
6.26.   The Chairman  recalled that the  sub-item was included on the agenda by the delegations of 
South Africa and India together with a communication circulated in document WT/GC/W/812  and 
invite d South Africa to introduce the communication.  
6.27.   The representative of South Africa  recall ed that on 10 December 2019, Members had agreed 
to reinvigorate the work under the Work Programme on Electronic Commerce  based on the existing 
mandate as set out in WT/L/274. They had agreed that the work w ould include structured discussions 
in early 2020 based on al l trade -related topics of interest brought forward by Members, including 
LDCs, including on scope, definition and impact of the Moratorium on Customs Duties on Electronic 
Transmissions . Members had also agreed to maintain the current practice of not imposi ng customs 
duties on electronic transmissions until the Twelfth  Ministerial Conference. Furthermore, Members 
had agreed that the General Council sh ould report to the Twelfth  Session of the Ministerial 
Conference.  
6.28.   In going through the discussions on e -comme rce that ha d taken place since the establishment 
of the Work Programme in 1998, both at a horizontal level in the General Council and in the relevant 
WTO bodies (CTD, CTS, CTG, TRIPS Council), Members w ould observe that discussions, even from WT/GC/M/188  
 
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  a trade polic y perspective ha d not been adequately explored, and where further discussions had 
been held, th ose discussions barely scratched the surface.  
6.29.   There were also different approaches by the WTO bodies on th e issue of critical importance 
to the Membership with s ome bodies having the Work Programme on electronic commerce  as a 
standing item in the agenda, while in others it was an ad  hoc item that was only put in the agenda 
at the request of Members even though there was a clear Ministerial mandate on issues to be 
addressed by each of the WTO bodies.  
6.30.   The digital economy ha d not been static and many Members were still coming to grips with 
what appear ed would be very profound changes brought on by the digital transformation of which 
e-commerce was integral. Hence, the  evolution of the sector ma de it necessary to continue the 
exploratory discussions under the Work Programme.  
6.31.   In addition, the COVID -19 pandemic highlight ed the need to reinvigorate the work under the 
Work Programme in view of the deepening digital divide b oth within and between countries. Despite 
the rapid uptake of digital technologies, significant divides remain ed. Only 35 % of the population in 
developing countries ha d internet access as compared to 87 % in the developed world. As a result, 
countries which  were hyperconnected ha d been able to continue many of their economic operations 
online during the ongoing pandemic but countries which were less connected had not even  been 
able to provide basic information on combating C OVID -19 where it had been  most needed.  
6.32.   According to the UNCTAD eTrade Readiness Assessments, there were significant gaps and 
barriers in several policy areas ranging from ICT infrastructure, payment solution s, skills, legal 
frameworks, insufficient quality of broadband services that hamper ed the ability of many developing 
countries to leapfrog and leverage digital trade.  
6.33.   The WTO ha d a unique opportunity to make a contribution towards laying the foundation for  
a more just and inclusive economy by promoting an inclusive and development -oriented approach 
to electronic commerce. Multilateralism was vital in a world facing development challenges.  
6.34.   In view of the above, the General Council could  direct that the E -commerce Work Programme 
be a standing item in the relevant WTO bodies given a mandate as set out in WT/L/274 ; play a 
central role in the discussions and keep the Work Programme under continuous review through a 
standing item on its agenda and take up consider ation of any trade -related issue of a cross -cutting 
nature as entailed in the 1998 Work Programme ; and, c ontinue structured thematic discussions in 
the General Council through various platforms. Some of the topics could  include: (i) developmental 
aspects o f electronic commerce; (ii) scope, definition and impact of the moratorium on customs 
duties on electronic transmissions; and, (iii) examination of the challenges experienced by 
developing countries and LDCs in relation to electronic commerce and explore w ays of enhancing 
the participation of developing countries in electronic commerce.  
6.35.   The representative of Uruguay  noted that t he reports by the Chairs of the General Council, 
the Council for Trade in Goods , the Council for Trade in Services  and the TRIPS Co uncil show ed the 
commitment and interest of Members on the Work Programme. On the communication by South 
Africa and India, Uruguay  agree d with the assessment regarding the importance and the profound 
impact of digital technology on trade. It was absolutely  essential that Members  compl ied with the 
mandate and the  2019 Decision of the General Council. It was crucial that Members continue d 
looking in the different relevant bodies  all the issues related to electronic commerce that impact ed 
trade  including aspects relating to  the development of e -commerce and the challenges developing 
and LDC Members faced in that area . 
6.36.   The General Council ha d a role to play to help visualise the cross -cutting aspects of th ose 
issues. Afterall, the General Council played an important role as the highest decision -making body 
of a political nature for the adoption of decisions during the intervals of sessions of  the Ministerial 
Conference. Concerning the regulatory challenges, the Work Programme should lead Members  to 
possible consensus and multilateral decisions on all aspect s related to e lectronic commerce that ha d 
an impact on trade.  
6.37.   Regarding the moratorium on imposing customs duties on electronic transmissions, Uruguay 
believed that it had had an important impact.  For example, Uruguay ha d developed an ecosystem WT/GC/M/188  
 
- 31 - 
 
  of enterprises, a lot of which  were MSMEs , and global service providers that used e -commerce tools 
– showing that the digital economy ha d important positive effects on other traditional economic 
sectors and on the sustainable development of the economy . 
6.38.   From the perspective of MSMEs, the imposition of customs duties would generate greater 
costs and greater uncertainty in international trade. That was why, without prejudging future 
discussions and bearing in m ind the exchanges that Members  had had in different  configurations 
including those at  the General Council and based on their experience with RTAs, Uruguay  support ed 
the renewal of the Moratorium at MC12.  
6.39.   The negotiations under the JSI on E lectronic Commerc e had maintain ed the observance of 
the principles of transparency and inclusiveness and would benefit from the participation of more 
developing and LDC Members.  Uruguay thanked the co-convenors for their efforts and for circulating 
the latest consolidated text. The creation of trade rules and disciplines on th at area, including the 
flexibilities considered essential , would benefit the smaller economies.  
6.40.   The differences or the fragmentation of the regulatory regimes on electronic commerce and 
the digital eco nomy , not to mention the possible  effects which would be extraterritorial , could 
become de fact o if not de jure trade restrictions which would not be necessary or would grant a 
differential treatment which would be discriminatory with the imposition of  additional  costs – the 
compliance of which would be particularly onerous for MSMEs of developing an d LDC Members.  
6.41.   On the contrary, the major protagonists of the JSI  had the markets and the resources to 
adapt themselves and navigate through the different regulatory regimes. To attain sustainable 
development in a digital economy, Members  would only find s olutions to the issues they faced 
through greater cooperation and collaboration with rules and disciplines that would  be established 
to enhance the operability and predictability of electronic commerce.  
6.42.   The representative of Peru underscore d the importance  that it attach ed to the moratorium on 
the imposition of customs duties on electronic transmissions not only to strengthen the development 
of e-commerce as being a key element for economic growth but also to facilitate the participation of 
its enterprises especially MSMEs. In th at regard, regional and bilateral agreements already include d 
a clause that enshrine d that principle in a permanent way.  
6.43.   On the JSI on Electronic Commerce, Peru underscore d its commitment and endorse d the work 
of the JSI. Peru hoped that the JSI would continue to work in an open and participatory way as ha d 
been the case so far be it in plenary meetings, thematic sessions, small group discussions, bilateral 
talks and intersessional meetings. The consolidated text testifie d to the inte rest of Peru and the JSI 
Participants in working towards a deep understanding of each of the aspects of electronic commerce 
when it c ame to arriving at an agreement.  
6.44.   Such an agreement c ould make it possible to draw the maximum benefit from the potential 
harnessed by e -commerce to Members in a move towards a digital economy and to leverage the 
input of enterprises in e -commerce with new products, new markets and new innovative goods and 
services. Peru thank ed the co -convenors for stirring the work of the JSI  and the delegations who 
had put forward proposals as well and those who ha d actively participated in meetings in various 
configurations.  
6.45.   The representative of the Republic of Korea  reconfirm ed its steadfast position that the 
moratorium on imposing customs duties on electronic transmissions should continue on a permanent 
basis. In 2020 , COVID -19 ha d severely disrupted global trade in an unprecedented way. Such 
challenge ha d accelerated structural transition into a digital econo my where remote contact list 
transactions ha d emerged as the most viable option in response to the crisis.  
6.46.   Any move to inhibit the growth of the digital flow w ould be deemed untenable against the 
backdrop of their collective efforts towards post pandemic r ecovery and w ould face headwinds from 
the business community when their support was most needed. Recent studies show ed that the non -
extension of the moratorium would bring potential setback to developing countries in particular. 
Korea look ed forward to hea ring from others on th at agenda.  WT/GC/M/188  
 
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  6.47.   The representative of Barbados  associate d with the statements to be delivered by CARICOM 
and the ACP. Barbados  viewed the contributions in the discussions under the Work Programme as a 
clear message that the current mandate  of the Work Programme remain ed relevant and truly worthy 
of continued reinvigoration. Members should  seek to enhance their structured discussions beyond 
the Moratorium particularly given the issues that ha d been indicated by the LDC Group in its 
submissio n as well as the ACP Group in its statements under th at agenda item.  
6.48.   The development dimension was a clear aspect of Members'  work that was worthy of further 
discussion particularly as it relate d to the COVID -19 pandemic. It ha d revealed that there was a 
widening of the digital divide between developed and developing countries. It ha d, among other 
things, highlighted soft and hard infrastructure gaps. While certain electronic commerce related 
services and telecommunication services ha d been bolstered becaus e of certain measures imposed 
during the crisis, the uptick in th ose services ha d not been equal or translated into producers in 
developing countries and LDCs becoming sellers of goods and services through electronic platforms. 
The analysis of the reasons behind th at phenomenon offer ed some useful ideas for future work under 
the ambit of the Work Programme.  
6.49.   Members should  look at a way of systematically reinvigorating discussions on the Work 
Programme in th at and other bodies mandated to take up the work on  the Work Programme. 
Barbados  was ever cogni zant that the onus was on developing countries to also table proposals 
which highlight ed their interest particularly given that they were the advocates of the development 
dimension of the Work Programme. Barbados  looked forward to engaging with Members as well as 
sharing experiences and policy options which c ould help bridge the digital divide and take the work 
of the Work Programme forwa rd particularly as Members  looked to MC12 when the renewal of the 
Work Programme and the Moratorium w ould come up for discussion and consideration by all 
Members.  
6.50.   The representative of Turkey  said that digitalization and its fundamental achievements  mean t 
everything  for everyone . It was therefore Members'  common responsibility to keep WTO rules up to 
date on the trade -related aspects of digitalization. Online trade was clearly on the rise and, as a 
result, the share of physical trade was affected. The pande mic ha d devastating result s on many 
sectors but the Information and Communication Technology sector ha d demonstrated an exceptional 
growth during COVID -19. 
6.51.   As mentioned many times by different delegations, Members  needed clarity on the scope of 
the Morator ium, the definition of electronic transmissions, identification of products covered under 
the Moratorium and its impacts on customs duties. On the other side, potential benefits of the 
Moratorium in promoting trade, creating new industries, boosting innova tion and ramping up 
development should also be taken into account. Such an objective and data -based exploration w ould 
assist Members  in finding a suitable landing zone and their next decision on the Moratorium c ould 
be based on it.  
6.52.   In their work, Members  also need ed to focus on preserving policy space to address the 
regulatory challenges of the current rapid technological advance ments  and on steps to bridge the 
digital divide. Members  could have those discussions by reinvigorat ing the Work Programme. Turkey  
was ready to engage constructively in th at regard. The current discussion under the JSI on Electronic 
Commerce w ould be complementary to th e Work Programme. At th at stage, the current practice of 
extending the Moratorium while Members  further discuss ed those aspects w ould be an appropriate 
solution.  
6.53.   The representative of Uganda  noted that, i n 2019, UNCTAD had reported that the potential 
tariff revenue loss resulting from the moratorium on customs duties to LDCs using bound duties had 
stood at USD 1.5 billi on and that the potential tariff revenue loss to Sub -Saharan African countries 
had been  twice that of WTO high -income countries. The potential tariff revenue loss for countries 
like Uganda had also been higher than that of developed countries. In other wor ds, using bound 
duties, the LDC Group c ould generate five times more tariff revenue than developed countries in the 
absence of the Moratorium.  
6.54.   The communications of India and South Africa on "The Need to Re-think the Moratorium on 
Customs Duties on Electro nic Transmissions and the Implications of the Moratorium on Economies 
of Developing Countries " had  presented arguments that could  warrant reconsideration of the WT/GC/M/188  
 
- 33 - 
 
  Moratorium. Uganda continue d to critically reflect on th e issue to enable it to make the approp riate 
determination on the matter going forward.  
6.55.   Uganda  also welcome d the communication by India and South Africa contained in document 
WT/GC/W/812 entitled "Reinvigorating the Work under the Work Programme on Electronic 
Commerce". It was extremely timely given the challenges of the digital divide that manifest ed itself 
in terms of connectivity, affordability and skills among others that were currently  even more evident 
as a result of the COVID -19 pandemic that Uganda  had experienced as a country. Th ose challenges 
had not shown that Members  needed international e -commerce rules – not at all.  
6.56.   Uganda  welcome d and fully support ed the proposals in Section 3 of the communication by 
India and South Africa regarding structured di scussions under the Work Programme. Uganda  saw 
tremendous value in a critical analysis of the many challenges that  it had faced and continue d to 
face in trying to make the most of the e -commerce opportunities as explained by the LDC Group 
Coordinator – Chad. Uganda  would immensely benefit from experience sharing, information 
exchange with Members in th at regard towards increasing its participation in e -commerce.  
6.57.   The representative of Nigeria  said that d igital trade was growing rapidly and its performance 
had become an important determinant of the disproportional effects of trade and growth. The 
remarkable growth in digital trade notwithstanding, Members  should  acknowledge the fact that given 
the north -south digital divide and digital evolution existing withi n a respective economy, there 
existed disproportionate sharing of the benefit of the growth in e -commerce between countries and 
among domestic economic players. It was for th ose reasons that Nigeria  had been steadfast in its 
call for the Membership to rein vigorate the Work Programme and explore ways of addressing the 
difficulties undermining the gains of developing countries from the global digital trade.  
6.58.   Nigeria's  joint proposal with other co -sponsors on exploratory discussions on supporting 
digital capabi lity of business and consumers in the CTS was gaining traction with more Members 
engaging in the discussion. Nigeria support ed a more structured and targeted discussion on 
horizontal and vertical issues regarding the trade -related aspects of e -commerce und er the Work 
Programme with a view to setting an inclusive and development -oriented agenda for consideration 
by Ministers at MC12.  
6.59.   Nigeria however  did not agree with the assertion in document WT/GC/W/812 that discussion s 
in the JSI on e -commerce narrowly fo cused on the development of legally binding rules and risk ed 
further marginalization of developing countries in global trade. The discussions under the JSI ha d 
been open, transparent and inclusive and Nigeria  was hopeful that the final outcomes w ould 
effectively address its development needs.  
6.60.   On the moratorium on the imposition of customs duties on electronic transmissions, Nigeria  
support ed the call for broad based discussions on scope and definition so Members  could gain greater 
insight and deepen their understanding of th ose issues. Regarding the issue of the impact of the 
Moratorium, the discussions should be guided by the result of a general equilibrium analysis or other 
assessment that also t ook into account the dynamic effects of the Moratorium with clearly defined 
terms of reference. The discussion should not solely be guided by the result of static analysis that 
only focuse d on constructed revenue loss.  
6.61.   The representative of Chile thanked the proponents of the exploratory discussions  under the 
Work Programme in the Council for Trade in Services  on supporting digital capability of business and 
consumers for the important contribution that they ha d made in nurturing the discussions on the 
Work Programme and al so in light of the impact caused by COVID -19 and regarding national 
programmes seeking to increase digital capacity.  
6.62.   On the moratorium on the imposition of customs duties on electronic transmissions, Chile had 
explained why it was in favour of th e Moratori um. Chile had continu ally voiced its support to the 
renewal of th e Moratorium. Studies ha d shown that the term of the Moratorium c ould have an impact 
on public revenue. At the same time, the Moratorium was important for consumers and the 
competitiveness of  enterprises  – demonstrating that its  benefits offse t the loss of public revenue.  
6.63.   The advantage of the Moratorium ha d been put forward by a number of business organizations 
in developing countries. When the time c ame to make a decision on the Moratorium, i t was of WT/GC/M/188  
 
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  fundamental importance to hear from the business community including MSMEs in developing 
countries. When it c ame to the scope of the Moratorium, it was clear that it had to do with the 
content that was going to be transmitted electronically. Chile was convinced on the benefits for 
maintaining the Moratorium and would like to see it renewed either temporarily or permanently.  
6.64.   On the communication from South Africa and India, as Members  had seen in the un folding of 
the debates within the framework of the Work Programme  throughout 2020 , notwithstanding 
difficulties that had been  generated by the pandemic, that when they had themes of c ommon  interest 
within the framework of the Work Programme, such discussio ns wa s always possible.  Chile however  
did not see the need for the General Council to adopt the proposals in Section  3 of the document.  
6.65.   The representative of Botswana , on behalf of the African Group , had in previous submissions, 
including in JOB/GC/144 and JOB/GC/155, called for discussions in relevant bodies that address ed 
the right to regulate electronic commerce, assessment of measures to promote national digital 
industrial development, protection of data , mandatory disclosure of data , the disclosure of source 
codes and access to and the transfer of technology.  
6.66.   Paragraph 1.1 of the 1998 Work Programme direct ed Members to "examine all trade -related 
issues relating to global electronic commerce, taking into account the economic, financial and 
development ne eds of developing countries ". Paragraph 1.3 further state d that "the work 
programme will also include consideration of issues relating to the development of the infrastructure 
for electronic commerce ". 
6.67.   In that regard , the African Group  recall ed its communi cation contained in JOB/GC/133 of 
21 July 2017 on digital industriali zation policy and development. Therein the Group  had pointed out 
the extremely high market concentration levels existing in the current global e -commerce space – 
evident both in terms of how e -commerce trade was distributed across the global economy, and in 
terms of the number of firms that dominate d that space, no tably in terms of market capitali zation. 
The African Group  had also highlighted that some countries ha d used policy tools such as data 
localization requirements, internet filtering, and technology transfer requirements (i.e. disclosure of 
source code) to p romote domestic digital firms and allow ed them to catch -up with the leading 
multinational firms.  
6.68.   The pandemic ha d highlighted the glaring need to bridge the digital divide. COVID -19 had led 
to more concentration in the digital marketplace. If left unchecke d, that concentration w ould make 
the digital divide permanent. There was a need for new policies and regulations to ensure a fair 
distribution of gains from the digital economy, with a focus on technology transfer, capacity building 
and targeted aid for tr ade measures. Most of their members ha d big informal sectors that were likely 
not to be connected to digital platforms given the digital divide. The African Group w ould contribute 
to the discussion of the Work Programme by submitting a proposal that s ought  to capture the 
developmental aspects of the Work Programme.  
6.69.   The African Group  was guided by "Agenda 2063: The Africa we want! " and w ould focus on 
issues such as building a data economy , building cloud computing infrastructure , strengthening 
broadband infr astructure , promoting e -commerce in the region , promoting regional digital 
payments , progressing on single digital markets in the region , sharing experiences on e -government 
promoting digital innovations and technologies , and building statistics for measur ing digiti zation. 
The African Group w ould submit proposals to further clarify  its expectations in respect of the 1998 
Work Programme in the coming year to deepen discussions in all areas of the Work Programme.  
6.70.   The representative of the United States  noted that, t o the points raised by India and South 
Africa, issues under the Work Program me had regularly been discussed in General Council meetings, 
in meetings of the WTO sub-bodies, and in recent informal, open -ended General Council meetings. 
In order t o ensure that there was sufficient Member interest to sustain a productive discussion, the 
United States prefer red that th ose discussions continue d to proceed on the same basis that they ha d 
to date. The United States  did not see a need to establish any ne w standing agenda items for the 
General Council or in the sub -bodies.  
6.71.   The United States was, in general, open to further discussions on the Moratorium in advance 
of MC12  and thank ed India and South Africa for helping Members  better prepare for t hat day's 
meeting by submitting views in writing. If there were future steps taken on th ose issues, the United WT/GC/M/188  
 
- 35 - 
 
  States  continue d to ask that proponents submit ted their proposals for such discussions in writing, 
and work ed with interested Members to ensure a balanced a genda and panel of speakers.  
6.72.   Over more than 20 years, the moratorium on customs duties on electronic transmissions ha d 
supported the rapid growth of digital trade. Yet, some Members ha d continually highlighted the 
importance of the Work Program me while als o signa lling their potential opposition to the continued 
renewal of the Moratorium. The United States  noted the relationship between the Work Program me 
and the Moratorium in Ministers ' 1998 decision, and in subsequent Ministerial decisions.  If the 
Moratori um had been  to be discontinued, it was unclear that there would be a consensus to continue 
the Work Program me. 
6.73.   The representative of Chinese Taipei  noted the fruitful discussions in the CTG and the CTS 
under the Work Programme. It was apparent that e -commerce play ed a vital role in facilitating trade 
and development and in bridging the digital divide. Members should  continue sharing best practices 
and exch ange experiences in th at field. Chinese Taipei  also welcome d further discussion on the 
scope, definition and implication s of the moratorium on customs duties and w ould continue  actively 
particip ating in relevant discussions with an aim to secure an extensi on of the Moratorium at MC12.  
6.74.   The Moratorium ha d been proven to assist MSMEs to integrate into the global trading system 
and the supply chain to increase export competitiveness and to provide stable and predictable 
trading environment.  Chinese Taipei  suppo rted a permanent Moratorium which c ould provide a 
stable and predictable business environment and effectively safeguard the interest of business and 
consumers. Chinese Taipei likewise urged Members to join the discussions of the JSI on Electronic 
Commerce as it was not merely of interest to the Members with greater e -commerce capacity but 
also to the less developed Members whose business intend ed to engage in e -commerce.  
6.75.   The representative of Indonesia  share d the view on the need for Members  to make progres s 
on the Work Programme. Indonesia  underline d the importance of electronic commerce to serve as 
a tool to support the economic and social development of Members . Indonesia  took note of the 
efforts taken in 2020  by holding the workshop and deliberation to c larify the scope of electronic 
transmission s. Indonesia  also t ook note of the discussion that, among others, touch ed upon the 
issue of the impact of the Moratorium  on fiscal revenue , competition and work creation. Indonesia  
reaffirm ed its view that electronic transmission s should not apply to electronically transmitted goods 
and services. Consequently, the moratorium on imposing customs duties on electronic transmissions  
should be terminated . Indonesia  looked forward to continue discussion s on th e issue.  
6.76.   The representative of Chad, on behalf of the LDCs , underscore d that e -commerce was 
important for LDC service providers, for entrepreneurs, as well as for consumers. The LDCs  drew 
attention to the communication that they had submitted in the  General Council in December  
circulated  in document WT/GC/W/787. The LDCs  had specifically indicated the need for available 
mechanisms to support the establishment of enterprises in the e -commerce sector , and the existing 
limitations in terms of informatio n and communication technology infrastructur e. 
6.77.   The LDCs  also face d cost issues including  in terms of accessibility and trade transactions as 
well as deficiencies in online payment systems  and trade finance for e -commerce enterprises from 
LDCs.  Furthermore,  there was the issue of limited skills among companies wishing to use e -
commerce and ICT strategically for the purchase and sale of goods and services in the context of 
inter-enterprise trade, trade between enterprises and the final consumer, and trade bet ween 
enterprises and the  government.  
6.78.   Lastly, there was the issue of access to credit cards and the high number of non -banking 
consumers. With the emergence of the current pandemic, Members  had seen restrictions of the 
movement of people and a slowdown in g lobal activity and global demand. Countries that were 
technologically equipped were best prepared to deal with th at situation.  The COVID -19 pandemic 
had had a strong impact on LDCs'  resources from trade and exports, further increasing their 
constraints, and jeopardi sing their development momentum and development projects.  
6.79.   The LDCs consider ed that their priority was to focus on bridging the digital divide while 
continuing to participa te in the discussions. While recogni sing the role of e -commerce in providing 
means and opportunities to promote global trade, the LDCs  did not wish to have binding obligations 
or regulatory provisions that further weaken ed them. The LDCs consider ed it esse ntial to focus on WT/GC/M/188  
 
- 36 - 
 
  infrastructure development, human capital and ways to enable them to conduct e -commerce in good 
condition. The Group call ed for a reinvigoration of the Work Programme that t ook into account the 
aforementioned aspects  including the relevan t LDC  communication.  
6.80.   The representative of Pakistan  recall ed its statements made under the agenda item on 
previous occasions. The moratorium on customs duties on electronic transmissions ha d been under 
discussion under that  forum for some time no w. As more Members  discuss ed and explore d, new 
dimensions of the M oratorium c ame to light. Rapidly evolving technologies in the digital age while 
becoming great enablers were also reminder s of how far behind developing countries were in modern 
digital times. At the same  time, such developing countries most often constrained financially and 
seeking to advance sustainable development through modern technologies could not ignore serious 
revenue and industrial implications for the ir economies.  
6.81.   Specifically, the scope and  definition of electronic transmissions was increasingly becoming a 
complex area. At the domestic and social level, welfare for the consumers and producers within the 
national economy need ed to be balanced by governments as well. Opportunities for digital industrial 
development in developing countries c ould only improve if the choice to maintain duties remain ed 
with sovereign governments to allow them to choose when, if and on what to impose duties. Any 
decision on the continuation of the Moratorium c ould not be straight forward and should  consider all 
aspects of developing countries.  
6.82.   The Government of Pakistan had put digitization and digital development as one of its top 
priorities on its agenda. Members  needed to find collective ways for developing countries to secure 
their place on the global digital map. Pakistan  therefore unders tood that the multilateral ma ndate 
on the Work Programme need ed to be fulfilled in a focused way to discuss and explore solutions for 
developing countries  and welcome d the submission from South Africa and India.  
6.83.   Sustainable and inclusive development through digital industrialization was an inescapable 
necessity for developing countries.  To understand its nuances and to overcome the digital divide, 
Members  needed to  understand the various aspects of the digital economy thoroughly and 
specifically and avoid hasty rulemaking on such issue s which would preclude the chances of digital 
development for countries that were still far behind in th e field. Pakistan  therefore support ed the 
call for reinvigorating the Work Programme with the specific elements highlighted in the document 
share d by the proponents.  
6.84.   The representative of Japan  underscore d that the Moratorium ha d been providing both 
businesses and consumers with certainty and predictability in international trade for more than 
20 years. In addition, particularly under the current pandemic , it was important to support  socio-
economic activities by facilitating an enabling environment for electronic commerce. Members  should 
therefore maintain the current multilateral practice of the Moratorium and make it permanent.  
6.85.   At the same time, Japan  was open to finding solutions to address the challenges faced by 
developing Members in engaging in electronic commerce. In th at connection, Japan  was co-
sponsoring the proposal in the C ouncil for Trade in Services  that encourage d Members to share 
information on how to increase digital capability and address the digital divide in developing 
Members. Th at approach would serve Members to overcome challenges in electronic commerce.  
6.86.   Japan recogni zed the importance of the Work Programme o n Electronic Commerce. In 
particular, the Work Programme ha d formulated a solid foundation for its longstanding practice of 
the customs duties moratorium. In th at regard, Japan  was open to reinvigorating the work under 
the Work Programme as appropriate in the run up to MC12 based on Members'  agreement in the 
General Council meeting in December  2019. Those discussions related to the Work Programme on 
Electronic Commerce c ould be covered under  the General Council agenda item on "Implementation 
of the Bali, Na irobi and Buenos Aires Outcomes ". The existing format c ould provide Members  with 
sufficient foundation for their discussions on the Work Programme and the Moratorium.  
6.87.   The representative of Tunisia  associated with the statement made by  the African Group. 
Tunisia welcome d the constructive approach taken in the e -commerce discussions, placing greater 
emphasis on the infrastructure constraints faced by developing countries and LDCs, such as those 
covered by the 1998 Work Programme. Tunisia  particularly apprecia ted the sharing  of experiences WT/GC/M/188  
 
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  and best practices among Members to better understand the growth of th at highly employable sector 
and to try to address the many job losses caused by the impact of the COVID -19 pandemic.  
6.88.   As such, the WTO should implement effective provisions to support t he developi ng and LDC 
Members  in the race for innovation and the ir integration to global value chains through the export 
of dynamic products and services at the global  level – ensur ing that th e Industrial  Revoluti on 4.0 
would not, amid the automation  of the  production  chain,  lead to an increase in massive job losses 
but would rather lead to real opportunities to  generate  the employment particularly for the youth 
and women. Tunisia remain ed committed to working cons tructively with Members  on areas with  
considerable potential and emerging niches such as  the Smart Industry and green economy sectors.  
6.89.   The representative of Thailand  support ed to continue Members'  work on e -commerce and 
remain ed committed to the General Co uncil's decision in December 2019 to better prepare for MC12. 
In accordance with the decision, Thailand ha d joined the proposal of Switzerland together with other 
co-sponsors in document WT/GC/W/799/Rev.1 on broadening and deepening the discussions on the 
moratorium on imposing customs duties on electronic transmissions encouraging Members to delve 
into discussions on aspects of e -commerce including the Moratorium in a holistic and 
multidimensional manner. Thailand  had actively engaged in the workshop webin ar and the open -
ended meeting held in July  and had also engaged in Australia's initiative in the July CTS meeting by 
sharing experience on its domestic programmes, policies and practices regarding digital capability.  
6.90.   In taking the issue forward, active eng agement of Members and their desire to progress on 
future work under the Work Programme remain ed the most crucial elements to ensure meaningful 
outcomes from the process. While it was undoubtedly useful for Members to consider how best to 
further enhance their existing working structure under the Work Programme, Members  should also 
prevent the duplication of their efforts or the creati on of  overlapping mechanism s in deliberating  
work relating to e -commerce. Thailand st ood ready to engage in any future constructive dialogues 
to deliberate on substantive concern with a view to reaching common understanding before MC12.  
6.91.   The representative of Guyana , on behalf of CARICOM , recogni zed the ro le of the C ouncil for 
Trade in Goods  and the Council for Trade in Services in facilitating helpful engagement by Members 
on the Work Programme in the last quarter of 2020. On the Moratorium, the CARICOM Group had 
joined other Members in December 2019 in ag reeing to extend the Moratorium until MC12. While 
the Group  acknowledge d that much remained to be discussed in th at regard, it would be recalled 
that the Group had expressed its reservations in October regarding a narrow focus on the Moratorium 
at the expe nse of other trade -related topics of interest to Members. On that occasion, the digital 
divide had been  identified in its statement as a possible topic for discussion.  
6.92.   As Members  acknowledge d the importance of the exchanges and sharing of experiences in 
the Council for Trade in Goods and the Council for Trade in Services , CARICOM  was aware of their 
limitations. There were real and practical impediments to the implementation of several of the 
measures being discussed. The COVID -19 pandemic ha d exposed the cr ucial role of e -commerce in 
facilitating growth, development and resilience while providing compelling evidence that several 
Members were not equipped to participate effectively in digital trade. MSMEs were the backbone of 
most of their economies but MSMEs  in small economies ha d borne  the brunt of the negative impact 
of the COVID -19 situation – with many of them having to close their doors. Unlike their counterparts 
in developed countries, many of CARICOM's MSMEs ha d not had the requisite support structures  to 
leverage crucial digital solutions such as e -payments.  
6.93.   It had become clear from the discussions within the Council for Trade in Goods and the Council 
for Trade in Services that it was difficult to meaningfully advance work under the Work Programme 
without a focused examination of the development dimension. The proposals from South Africa and 
India were very helpful in terms of having a development focus with structured discussions unde r 
the Work Programme. CARICOM welcome d the Chair's stated availability to facilitate the structured 
discussions with respect to the Work Programme. CARICOM  joined other Members in expressing its 
keen interest in the structured and focused discussions in th e General Council on development and 
e-commerce in 2021.  
6.94.   The representative of Australia  continue d to support making the Moratorium permanent. It 
had become a critical part of the modern trading system providing business better access to markets 
and consum ers with more choice. Conversely, letting it expire would encourage restrictions on digital WT/GC/M/188  
 
- 38 - 
 
  trade which would be detrimental to all their efforts to restore the global economy. On the proposal 
that the work be a standing item in the General Council agenda,  Australia  did not see a need for 
such a development  and prefer red that discussions on th ose issues continue d in the manner that 
they ha d been occurring to date.  
6.95.   Australia  had been  pleased to engage in the constructive workshop and open -ended 
discussion on the Moratorium in July  and was  open to engaging in future discussions. The current 
submission had  made comments on the focus of the JSI on Electronic Commerce and risks. Others 
had spoken eloquently on the importance of the JSI and risks of not proceeding with it. The global 
digital economy offer ed huge opportunities for developing and LDC Members which the JSI w ould 
help unlock.  
6.96.   The representative of Mexico  reiterate d its position  in pursuing the Moratorium on the 
imposition of customs duties on electronic transmissions to become permanent. Th at was a 
commitment that Mexico had  included in its FTAs because of the uncertainties brought about by 
imposing such duties and because it wo uld contribute to  the development of the sector. Mexico  
continue d to be committed with the Work Programme and support ed the pursuance of work in the 
different mandated bodies.  Mexico  likewise refer red to its statement on th e matter made at the 
General Council meeting in October.8 
6.97.   The representative of Singapore  heard India and South Africa's call for greater attention to 
be paid to e -commerce. Singapore, like many other Members, remain ed committed to fully 
implementing the D ecember 2019 General Council Decision to (i) reinvigorate the Work Programme 
and (ii) maintain the practice of not imposing customs duties on electronic transmissions. The WTO 
had an opportunity to respond collectively and make a meaningful  contribution  to post pandemic 
economic recovery.  
6.98.   The COVID -19 pandemic that ha d defined 2020 ha d caused  another setback to the efforts to 
revitalising the WTO. It was however also an opportunity for Members  to constructively chart next 
steps based on their common experie nces. Businesses around the world were already embracing 
digital technologies either to modernise their operations or to navigate the economic challenges 
arising from the pandemic. It was timely and essential to focus their attention on ensuring that the 
WTO was able to contribute to establishing an enabling digital environment that benefit ed everyone.  
6.99.   There were always two sides to a story but th at did not necessarily ha ve to result in mutually 
exclusive outcomes. The communication had cited an UNCTAD repo rt highlighting COVID -19's role 
in deepening the digital divide. But th at present ed only one aspect of digital trade – namely, the 
developmental dimension. At the same time, Members should  recognise that e -commerce offer ed 
tremendous benefits and it would not be practical to reject digital advances. In short, the train ha d 
left the station . 
6.100.   Singapore also highlight ed another recent report entitled "Improve productive capacities in 
the world 's poorest countries for stronger recovery". In th at report, UNCTAD had pointed out that 
developing Members should  improve their productive capabilities. According to UNCTAD, the digital 
transformation had raised hopes that developing Members w ould do so but there ha d been a lag in 
implementing policies to reinforce and develop the technological capabilities of producers in all 
sectors. In other words, instead of debating the pros and cons of digital trade, Members  should focus 
on (i) building a stable regulatory envir onment, and (ii) enhancing their understanding of the 
challenges faced by developing Members and mitigating them.  
6.101.   Members  should continue to build on the ongoing activities and discussions involving the 
Work Programme. The communication claim ed that discus sions ha d barely touched the surface and 
trade implications ha d not been adequate. E -commerce was a wide -ranging and fast evolving issue. 
It was practically impossible to fully cover every aspect of e -commerce in the WTO. Instead of trying 
to exhaust all i ts analytical angles, it w ould be more fruitful to deepen their understanding on key 
issues as they had done during the structured discussions and also concentrate on identifying 
meaningful next steps.  
 
8 The statement  of the delegation of Mexico on this matter during the October General Council meeting 
can be found in Paragraphs 9.44 and 9.45, page 43 of document WT/GC/M/187.  WT/GC/M/188  
 
- 39 - 
 
  6.102.   Members  did not need a new agenda item in the General Council as there was scope to 
expand ongoing work in the well -established WTO Committees. For example, in recent months, 
Members  had seen constructive conversations in the C ouncil for Trade in Services  on exchange of 
information and experiences based on su bmissions by Members. In addition, Members  had 
conducted structured discussions on the Moratorium in July. All th ose efforts were testimony to 
Members' consistent attention to the Work Programme and serve d as the basis for further work. It 
was not true to allege that the Work Programme ha d been neglected. It w ould be more productive 
that Members engage d constructively in charting a meaningful way forward.  
6.103.   The representative of Bangladesh  associated with the statement made by the LDCs. 
Considering the high r elevance of electronic commerce, the G eneral Council  in 1998 in its decision 
in document WT/L/274  had established the W ork Program me on Electronic Commerce and had asked 
the four bodies, namely, the Council for Trade in Goods , the Council for Trade in Services , the TRIPS 
Council and Committee on Trade and Development  to examine the issue of electronic commerce in 
relation to the work of the  respective bodies  and to report to the G eneral Council  accordingly. The 
other WTO bodies  had also been asked to inform the General Council of their activities relevant to 
electronic commerce.  
6.104.   Bangladesh had submitted a draft Ministerial decision circulated in document 
JOB/GC/152/Rev.1 in 2017. The main objective, among others, had been  to req uest the General 
Council to ask the four bodies to conclude the discussions on the Work Program me and report to the 
General Council . The submission remained  valid and should be further discussed. Bangladesh 
requested that  the item should be kept in the age nda for the future meetings of the General Council  
and stood ready to engage in constructive discussion s with Members.  
6.105.   The representative of Hong Kong, China  had always been supportive of the Work Programme 
and welcome d any concrete suggestions that would contribute to structured discussions under the 
Work Programme. But Hong Kong, China  had doubts about the value  addition of the proposal  to 
make discussions on the  Work Programme a standing item on the G eneral Council's agenda.  
Members ha d already  been disc ussing the Work Programme regularly in the General Council under 
the standing item  on "Implementation of Bali, Nairobi and Buenos Aires Outcomes ". Members had 
also carried out periodic reviews pursuant to the relevant Ministerial Decisions extending the 
Moratorium and the Work Programme in other WTO bodies and  Members  had just received reports 
from the  Chairs of the Council for Trade in Goods and the Council for Trade in Services . 
6.106.   Hong Kong, China  reiterate d its long-standing position on making the Moratorium permanent 
to provide the much needed certainty and predictability to the global business community.  The 
Moratorium was even more important amidst the COVID -19 pandemic and during the post -pandemic 
economic r ecovery because it would assure customers and businesses that they would have tariff -
free access to digital products and services as well as digital productivity tools. Hong Kong, China 
remain ed committed to participating in further dialogues on all releva nt aspects of the Work 
Programme with other Members and stakeholders.  
6.107.   The representative of Namibia , intervening under items 6 and 13, associate d with the 
statements made by the Groups to which it belong ed and  recogni zed the importance of e -commerce 
in eco nomic development. Namibia  therefore call ed for the continuation of the Work Programme as 
indicated in document WT/L/274 and reaffirm ed its position to find a permanent solution on the  
Moratorium . 
6.108.   Concerning agenda item 13, t he Doha Declaration on the TRIP S Agreement and Public Health 
affirm ed the right of developing countries to use to the fullest the provisions in the TRIPS Agreement 
regarding flexibilities to protect public health and in particular provide access to medicines for all. 
There were however known challenges for some of the Members especially developing and LDC 
Members to utilise flexibilities under the TRIPS Agreement. Namibia underscore d the importance of 
implementing the waiver as proposed by India and South Africa in document IP/C/W/669. T hat 
flexibility w ould ensure the production of generic medicine s to combat the COVID -19 pandemic and 
to ensure access to affordable medicine s for all. Namibia therefore  joined other Members in 
support ing the proposal by India and South Africa.  
6.109.   The representative of Egypt  associate d with the statement made by the African Group and 
welcome d the communication from South Africa and India with regard to reinvigorating the work WT/GC/M/188  
 
- 40 - 
 
  under the Work Programme.  The COVID -19 crisis ha d revealed the huge digita l divide between 
developed and developing countries. Th at emphasi zed the need to positively engage in the Work 
Programme in order to focus on the developmental dimension of e -commerce and the urgent need 
to build digital capacities of developing and LDC Me mbers. It was important to continue the 
structured discussions that Members  had agreed on in December 2019 and to understand the scope 
of the moratorium on the imposition of customs duties on electronic transmissions and its potential 
impact on the sustain ability of domestic industry and job creation in developing countries in order 
to help Members make informed decisions at MC12.  
6.110.   The representative of Sri Lanka  support ed the  proposal made by India and South Africa 
contained in document WT/GC/W/812. The COV ID-19 pandemic had accelerated the shift to a digital 
economy and ha d once again brought out the existing digital divide between developed and 
developing countries. The latest data released by the WTO  had indicated that computer services, 
the fastest growi ng services sector in the last decade, had been  the only one to record an increase 
in exports, which had been  up by 4% due to the rising demand for digitalization with a shift towards 
remote working . 
6.111.   E-commerce and digital trade were therefore important an d need ed to be pursued in an 
inclusive manner . If not, it would exacerbate the existing imbalances in global trade. Progress in 
implementing the Work Programme ha d been hindered by its indecisive nature, the complexity of 
the addressed issues and the deadl ock of the Doha Round. The ultimate result ha d been the rather 
slow and scattered e-commerce discussions among  the four designated bodies. Members  could not 
continue to bear th ose setbacks if they were to continue with the existing Moratorium beyond MC12 . 
6.112.   South Africa had flagged the concerns particularly  on the e -readiness of many developing 
countries and LDCs. Based on the results obtained through the most  recent study jointly conducted 
by the Commonwealth Secretariat and the Sri Lanka n authorities in March 2020, it ha d been broadly 
concluded that e -commerce was already established in Sri Lanka but the degree of its penetration 
and adoption was still very l imited. The study also reveal ed many gaps and challenges that 
stakeholders were required to address to accelerate the development of e -commerce in the country.  
6.113.   According to the study, c onsumer readiness or maturity ha d been estimated at a low level 
of 0.29  on a continuum of 0 –1, indicating that consumers in Sri Lanka in adopting online buying of 
goods and services was still at a low level. The main challenges to faster and wider diffusion of e -
commerce among consumers included  low penetration of internet, l ow level of adoption of e -
payment modalities arising from limited credit and debit card penetration , perceived risks and lack 
of trust in e -commerce.  
6.114.   In the same vein, th e study ha d revealed that business maturity for e -commerce in Sri Lanka 
was estimated at 0.34 on a continuum of 0 –1, indicating that businesses  had just started using  e-
commerce  tools but the current level of maturity remained  basic. Though Sri Lanka ha d somewhat 
done well in basic IT infrastructure required for e -commerce including secure,  reliable and fast 
internet and communication support services  while internet penetration remain ed low at 30 %. 
6.115.   That kind of empirical data reveal ed that the developmental gains to be derived fro m the 
Moratorium was much less compared to the revenue that ha d been forgone by Sri Lanka since 1998 
after agreeing to the moratorium on imposing customs duties on electronic transmissions. As flagged 
by India, Sri Lanka was also having serious concerns  since the curren t six-month  period  which 
Members had agreed on  in December 2019  concerning the Moratorium wa s likely to be extended for 
two years – something which had not been envisaged at the time Sri Lanka had agreed to it.  
6.116.   It was therefore important to significantly update the 1998 Work Programme on E lectronic 
Commerce and to understand the scope of the Moratorium, its potential impact on the sustainability 
of the domestic industry and job creation in developing Members and on revenue generation as 
matters of priority which would give Members  the required level of c omfort for continuing with the 
Moratorium. Members were therefore required to reinvigorate the work under the Work Programme 
enabling them to inform its decision -making at MC12. Th at necessitate d relevant bodies taking up 
the discussion based on their mandate so as to make progress by MC12  including tackling the scope 
of the Moratorium . WT/GC/M/188  
 
- 41 - 
 
  6.117.   Accordingly, having an updated Work Programme which c ould provide clarity on th ose issues  
would facilitate Members in reaching  a decision on t he Moratorium.  Considering the significant 
importance of the continuation of the Work Programme in a meaningful and systematic manner, Sri 
Lanka support ed the proposal made by India and South Africa contained in document WT/GC/W/812 
to reinvigorate the wor k under the Work Programme  particularly the directions being sought by the 
proponents under Section 3 from the General Council.  
6.118.   The representative of Vanuatu , on behalf of the Pacific Group , took note of the reports of 
the CTG and the CTS as well as the up date from the TRIPS Council Chair on the Work Programme, 
and the proposals that ha d been put forward. The Pacific  Group recogni zed the important role of e -
commerce in enhancing trade, reducing trade costs, and helping to diversify economies. COVID -19 
had prompted the shift towards online transactions and had sharply exposed the digital divide among 
Members. The key for the Pacific Group  was to ensure accessibility and affordability of  the internet.  
6.119.   While recognis ing that trade rules were important and were lagging behind the technological 
changes and the acceleration of e -commerce, the Pacific Group's  current priority was to address 
gaps – both soft and hard infrastructure gaps. E -commerce was therefore one of the priorities of the 
Pacific Aid for Trade Strategy endorsed by their Foreign Trade Ministers in February.  A Pacific 
Regional E -Commerce Strategy w ould shortly be developed based on national e -Trade readiness and 
electronic commerce assessments undertaken in ten Pacific Group memb ers and a  regional one. 
6.120.   The Pacific Group acknowledge d the support from UNCTAD, the EIF, the European Union's 
TradeCom II Programme and the Government of Australia in supporting th ose activities.  The 
Regional Strategy aim ed at addressing gaps in national policies and regulatory issues, e -payment 
systems, trad e facilitation and logistics, and trade finance. The Pacific Group stresse d the importance 
of the Work Programme to complement the work that Members  were undertaking at the national 
and regional levels to create a conducive environment for e -commerce.  
6.121.   The Pacific Group  therefore welcome d the proposal to reinvigorate the work under the Work 
Programme. Th at work should focus on clarifying the scope and definition  of the Moratorium  and on 
address ing the digital divide as well as enhancing the capacity of devel oping countries to participate 
in e-commerce including exploring options for cushioning the revenue loss from the Moratorium. The 
Pacific Group associated with the statement made by the ACP . 
6.122.   The representative of the United Kingdom  supported the moratorium  on imposing customs 
duties on electronic transmissions . The Moratorium was the WTO's most significant contribution to 
digital trade and it should be made permanent. As they had heard t hat day, Members had continued 
to hold a wide range of views on the imp act and desirability of the Moratorium and the Work 
Programme ha d a continuing important role to play in providing Members with a forum  to air those 
differences as well as offering the opportunity to better understand the viewpoints of others.  
6.123.   It was alrea dy clear that e -commerce ha d played an essential role during the pandemic in 
keeping commerce flowing and in saving jobs. Digital trade, along with the capacities, policies and 
infrastructures that support ed it, also offer ed one of the brightest opportunit ies to revive 
international trade and prosperity as Members  sought  to build back better after th e global crisis. 
That wa s another reason why the United Kingdom believe d that the success of the JSI on Electronic 
Commerce was important for developing and dev eloped Members alike.  
6.124.   The representative of Switzerland  recalled that, a s had been explained in October, 
Switzerland d id not see any added value putting the Work Programme as a permanent item on the 
agenda of the General Council. The Work Programme was always examined periodically by the 
General Council and other WTO bodies provid ing the possibilit y of having fundamental discussions. 
It would therefore be preferable to follow past practice. In any event, Switz erland  was ready to 
pursue structured discussions as Members  had agreed in the General Council Decision of December 
2019. Th ose discussions should be done at an opportune time with sufficient  preparations. 
Switzerland  remained  ready to pursue discussions o n the various aspects of the Moratorium  and 
consider ed it as an important condition for the digital economy and the development of e -commerce  
– and should therefore be made permanent.  
6.125.   The representative of Senegal  associate d with the statement made by the LDCs particularly 
in reinvigorating the Work Programme. As had already been pointed out, the evaluation of the WT/GC/M/188  
 
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  impacts of the Moratorium show ed that the Moratorium d id not increase the  well-being of consumers. 
Members should  take into account the strategie s and the policies for digital transformation of each 
of them . A differentiated approach bearing in mind the level of development of each Member, the 
size of the market, the potential of growth for e -commerce and its impact was necessary. Senegal 
would continue to contribute in the deepening of discussions and exchange of views on th ose 
questions with the aim of reaching  an appropriate multilateral decision at MC12.  
6.126.   The representative of the European Union  appreciate d the rich discussions that ha d taken 
place under the Work Programme during 2020. The E uropean Union  welcome d Members ' interest in 
advancing work in the context of the Work Programme including on the moratorium on customs 
duties on electronic transmissions.  The C OVID -19 pandemic ha d highlighted the importance of 
electronic commerce.  The European Union  was pleased with the useful exchanges on the 
development dimension of e -commerce such as the one that took  place in the C ouncil for Trade in 
Services  in the co urse of the year.  
6.127.   The E uropean Union  stress ed that the moratorium on customs duties on electronic 
transmissions provide d the predictability and security that consumers and businesses need ed – both 
in developed and developing countries – when engaging or pl anning to engage in e -commerce 
activities.  The European Union  also recall ed the recent economic studies that  had provided 
scientifically solid new evidence on the positive economic implications of the Moratorium.  
6.128.   The E uropean Union  remain ed committed to co ntinue engaging in structured discussions on 
the Moratorium in line with the General Council decision of December 2019, taking into account the 
new evidence that ha d been published over the last year on the multiple benefits of the Moratorium 
for businesse s and citizens.  While Members  had agreed to extend the Moratorium until MC12, the 
European Union  hoped that Ministers w ould be in a position to consider a longer term extension at 
the next Ministerial Conference.  
6.129.   The existing fora such as informal dedicate d General Council meetings and  structured 
discussions that the Members had agreed to hold following the General Council Decision of December 
2019 provide d sufficient foundation for their work on th ose important issues.  The European Union 
was always ready to discuss issues at the request of a Member based on their submission and 
interest.  Regarding the  period ic review, such was already ensured once a year based on the reports 
of the Chairs of regular bodies to the General Council. The E uropean Union  consider ed that Members  
should continue with that practice.  
6.130.   The representative of Canada  said that, a s Members were considering ways to address the 
pandemic and support a more inclusive economic recovery, ensuring a permanent, tariff -free space 
for cross -border electronic transmissions including content was a meaningful way to provide long 
term predictable certainty and openness for businesses and consumers. While Canada strongly 
support ed having the multilateral moratorium become a permanent prohibition, Canada also 
acknowledge d that Members had extended the practice of not imposing customs duties on electronic 
transmissions until MC12.  
6.131.   Canada was aware of the concerns raised by a few Members in recent years with respect to 
the possible impact of the Morator ium at the WTO and had welcomed and had actively participated 
in informal open -ended meetings and structured discussions. Canada acknowledge d the new 
communication submitted by India and South Africa and provide d initial reactions on the three 
specific ite ms included in the document for consideration by the General Council.  
6.132.   On the first proposal, Canada t ook note of the 1998 mandate of the Work Programme which 
had identified several relevant WTO Bodies to examine the trade -related aspects of e -commerce. In 
that context, it should be left to individual Councils or Committees to determine the manner in which 
discussions on th ose topics t ook place. An informal, open -ended setting was more appropriate for 
technical or in -depth discussions on the Moratorium. Inte rested Members c ould use existing 
mechanisms including the proposed structured discussions.  
6.133.   Canada d id not see the value of establishing a permanent item on the agenda of the General  
Council . In noting that t he document had asked to continue the structured discussions , Canada 
understood  that th at mechanism was already available to interested Members and d id not see the WT/GC/M/188  
 
- 43 - 
 
  need for the General Council to further decide on the matter . Moreover, specific elements related to 
the Work Programme should be considered in the relevant Council s and Committee s. 
6.134.   In line with the desire to reinvigorate the Work Programme, Canada was pleased to have 
co-sponsored the proposal to engage in exploratory discussion on supporting digital capacity of 
business es and consum ers. Past practices related to periodic review were appropriate. Canada d id 
not support the proposal to have continuous reviews as both the Work Programme and the 
Moratorium were not permanent and were subject to periodic extension. Any periodic review nee ded 
to be considered in that context.  
6.135.   Canada d id not agree with the mention in the document suggesting that the negotiations of 
the Joint Statement Initiative  on Electronic Commerce negatively affect ed the organization or specific 
groups of Members. Establ ishing rules on e -commerce  was more than overdue. The JSI negotiations 
were open, inclusive and transparent  and Canada noted the increased number of developing 
Members participating.  
6.136.   The representative of Brazil  acknowledge d that the discussion on how to a ddress the digital 
economy due to its increasing importance in global trade was long overdue. That was the reason 
why Brazil ha d constructively engaged in the JSI on Electronic Commerce which remain ed open to 
all Members. It was important to reinvigorate t he exploratory discussions under the Work 
Programme both at the horizontal level under the General Council and under the relevant bodies of 
the WTO following the General Council decision of December 2019 which had established structured 
discussions on all trade -related topics of interest brought forward by Members.  
6.137.   Brazil was ready to engage in any discussion based on concrete proposals. In th at regard, 
Brazil  was pleased to co -sponsor the communication to the Council for Trade in Services on 
exploratory di scussions on domestic and international experiences on supporting digital capabilities 
of business and consumers. Brazil  encourage d Members to continue to explore th at point of the CTS 
agenda which seem ed to be in line with the proposal from South Africa and India to strengthen the 
Work Programme. On the particular issue of customs duties on electronic transmissions, Brazil 
favour ed the continuation of the structured and well -informed discussions on the sc ope, definition 
and impact of the Moratorium as highlighted by the December 2019 decision of the General Council.  
6.138.   The representative of the Philippines  reaffirmed its commitment to reinvigorating the work 
under the Work Programme a s had been agreed in the General Council decision o f December 2019  
and welcome d continuous discussions on the scope, definition and impact of the Moratorium on 
customs duties on electronic transmissions. The Philippines  stood ready to engage with Members on 
that issue for a possib le Ministerial decision on the future of the Work Programme and the 
Moratorium at MC12. In his capacity as IGDC Coordinator, he was also pleased to share the IGDC's  
engag ement  with the OECD and the UN Tax Committee on the relevant issues of digital taxatio n. 
6.139.   The representative of Jamaica , on behalf of the ACP , noted that t he Work Programme 
continue d to be a critical feature of the WTO's regular work and an essential fixture on the General 
Council's agenda. The ACP Group t ook the Work Programme seriously and  express ed appreciation 
to all Members which ha d contributed not only to the work in the General Council but also in the 
other bodies charged with examining the issue. Members should deepen their engagement and 
understanding  not only of the question of the  Moratorium but also a wider range of issues as they 
progressively move d towards MC12. The ACP Group  was concerned that by MC12 Members  would 
again face the expiry of the Work Programme along with the Moratorium.  
6.140.   The ACP Group had said in other bodies that significant strides ha d been made in advancing 
ICT Infrastructure and Services. The ACP had  particularly s een the benefits in many respects during 
the still evolving COVID -19 crisis. The current situation ha d however  also undersc ored much of what 
the ACP  had been saying for some time now in the various bodies of th e organization. It  had 
highlighted and continue d to highlight the obvious and pressing need to address the digital divide. 
The ACP Group therefore reiterate d its support  to the elements highlighted by the LDC Group in its 
submission to the General Council in December 2019 and welcome d the proposal by South Africa 
and India.  
6.141.   In conducting the diagnosis of the Moratorium, the ACP Group  recogni zed that some of the 
other area s of interest to its countries include d the costs to developing and LDC Members' consumers WT/GC/M/188  
 
- 44 - 
 
  and businesses, discrepancies between traditional goods or products and electronic equivalence and 
the application of internal taxes on electronic transmissions. As had been earlier indicated,  structured 
discussions on the Work Programme should  go beyond discussions on the Moratorium.  Other 
pertinent matters included the extent of coverage of digital or internal taxes. The Group  also t ook 
note that a number of issues  raised in the Work Programme were being  negotiat ed in the JSI.  
6.142.   It was important for the Work Programme to yield results. It w ould be important to take a 
pragmatic approach to discussing within the context of the existing Work Programme the issues of 
source  code, localization and impact on data flows as well as consumer protection. Th ose issues 
should be prioriti zed as they w ould begin not only to match or exceed the perceived impact which 
the Moratorium could have but could also  threaten  Members'  ability to  make greater use of e -
commerce to earn revenue, become producers of higher level technological advancements and  
improve the basic way of life for their people. Members  needed to play their part in ensuring that 
the Work Programme continue d to remain relevant and address issues of social and economic 
interest to all. The ACP Group  stood ready to engage and to be forthcoming with ideas for discussion 
within the context of the existing mandate of the Work Programme.  
6.143.   The representative of Oman  agree d with Members on the importance of reinvigorating the 
Work Program me to clarify the scope and definition of the moratorium on customs duties. As had 
been mentioned earlier, Oman ha d been experiencing the challenges and opportunities of e-
commerce. Structured discussions based on the Work Program me would help in understanding the 
impact and benefits of the Moratorium.  In those discussions, it would be important to involve other 
stakeholders in order to have a full understanding of the issues from all a spects.  
6.144.   The representative of Israel  welcomed the decision to extend the Moratorium to MC12 – an 
important decision that had sent a positive message of certainty and predictability to the 
international business community. The benefits of the Moratorium outweigh ed the potential costs. 
Those benefits were made clearer on a daily basis during the ongoing COVID -19 pandemic which 
demonstrate d the importance of cross -border trade by electronic means. Israel  welcome d the 
continued work on th at and ot her electronic commerce related rules.  
6.145.   The representative of South Africa  thank ed all delegations that had taken the floor under 
the relevant items. South Africa  reiterate d that the Moratorium when agreed in 1998 had been  
without clarity on how its scope, definition and implications would unfold with the digital revolution. 
Members had  therefore agreed to disciplines on electronic transmissions without a clear indication 
of the fiscal and industrial developmental implicati ons. The lack of clarity also ma de the continuation 
of the Moratorium difficult as it w ould amount to an unlimited market access in perpetuity for a few 
Members that ha d dominance in digital trade.  
6.146.   COVID -19 ha d triggered a mass migration from analogue to d igital means. But not everyone 
had that benefit and the growing digital divide was real and it was set to become even deeper if 
Members  did not take the necessary steps to address it. During the COVID -19 pandemic, the digital 
divide ha d threatened to becom e the face of new inequality exacerbating not only the incom e 
inequality but also the inequality of opportunity.  
6.147.   It was from that point of view that South Africa  wanted to be clear. South Africa  was not 
rejecting the immense potential of e -commerce to tran sform its econom y. What South Africa  was 
concerned about was how the rules were crafted. South Africa's  main complaint was that it could 
not allow the lack of clarity in how existing or even future rules could impact Members'  ability to 
develop their econo mies. The current Moratorium w ould not only negatively impact the efforts of 
many developing countries to industrialise digitally but w ould also undermine existing industries 
since physical exports were subject to duties while digiti zed products in which m any developing 
countries were net importers were not subject to tariffs – thus creating an unlevel playing field.  
6.148.   The Work Programme was all the more important in the context of COVID -19. The WTO 
multilateral agenda was the single most important guarantor of an inclusive digital economy that 
benefit ed all Members and that respond ed to the developmental aspects of e -commerce. A common 
understanding on th ose issues was critical for an informed decision by Ministers at MC12. The 
concerns about the implications of the Moratorium necessitate d that Members  had an inclusive 
discussion in early 2021 to facilitate thorough discussion and clarification of its implications for their 
capitals.  WT/GC/M/188  
 
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  6.149.   The representative of India thank ed Members for the ir engagement that day on th e agenda 
item. The interest shown by Members highlight ed the benefit of having a standing item on th e issue 
in the agenda for meetings of th e General  Council. India urged the Membership to actively and 
constructively engage in discussions under the  Work Programme in the General Council and in other 
relevant WTO Bodies.  
6.150.   Members should continue their discussions to determine whether the Moratorium was  critical 
for growth of e -commerce or if it was due to  the ecosystem which include d digital infr astructure, 
logistics, supply chain  and skilling payment system . Knowing  its scope, impact and definition  would 
facilitate  Ministers in reaching an informed  decision at MC12. Members would likewise need to decide 
whether they were willing to promote compet ition or destroy it since  any rulemaking process 
protecting the existing players and obstructing  the level playing field for new successful innovations 
would be disastrous for  the digital market in the long run.  
6.151.   More stringent compliance rules proposed by a group of Members recently clearly show ed 
that even developed countries fe lt a need for differential regulations for giant tech companies to 
protect their domestic industries.  It was surprising that proponents of the continuation of the 
Moratorium on one hand question ed in the fisheries subsid ies negotiation s the rational e of S&DT  for 
developing Members and on the other hand argue d passionately for continuance of S&DT  for digital 
trade vi s-à-vis physical or conventional trade of goods. It would be helpful to know how long a fast 
growing efficient sector like digital trade w ould need crutches like the M oratorium.  
6.152.   In view of the above, the General Council could  direct that the E -commerce Work Programme 
be a sta nding item in the relevant WTO bodies given a mandate as set out in WT/L/274 ; play a 
central role in the discussions and keep the Work Programme under continuous review through a 
standing item on its agenda and take up consideration of any trade -related is sue of a cross -cutting 
nature as entailed in the 1998 Work Programme ; and, c ontinue structured thematic discussions in 
the General Council through various platforms. Th ose could include: (i) developmental aspects of 
electronic commerce; (ii) scope, definit ion and impact of the moratorium on customs duties on 
electronic transmissions; and, (iii) examination of the challenges experienced by developing 
countries and LDCs in relation to electronic commerce and explore ways of enhancing the 
participation of deve loping countries in electronic commerce.  
6.153.   The Chairman  noted that Members had had a n extensive  exchange t hat day and thank ed 
the delegations that had presented the Membership  with a  submission. Once again, he invite d all 
Members to stay positively engaged i n the discussions on the Work Programme and as Chair, he 
remain ed available to facilitate those discussions.  
6.154.   The General Council took note  of the statements.  
7  TRADE RELATED CHALLENGES OF THE LEAST DEVELOPED COUNTRIES AND WAY 
FORWARD: A DRAFT FOR MC DECISION  – COMMUNICATIONS FROM CHAD ON BEHALF OF 
THE LDC GROUP (WT/GC/W/806, WT/GC/W/807)  
7.1.  The Chairman  recalled that the item was included in the agenda at the request of Chad on 
behalf of the LDC Group  which concern ed the communications from the LDC Group on Trade Related 
Challenges of the Least Developed Countries and Way Forward circulated in documents 
WT/GC/W/806 and WT/GC/W/ 807. Those include d a proposed Draft Ministerial Conference Decision 
and an LDC Graduation Fact Sheet. He invited Chad to introduce the communications.  
7.2.  The representative of Chad, on behalf of the LDCs , noted that, over the past 50 years since 
the LDC Categor y had been  created, only six countries ha d graduated from LDC Status. The latest 
was Vanuatu which had left the category on 4 December 2020 despite the setbacks that the country 
had experienced as a result of numerous natural disasters and more recently fo llowing the COVID -
19 pandemic.  
7.3.  While the number of countries graduating from LDC Status remain ed low, it was pleasing to 
see that several  LDCs had made significant progress in recent years and, like Vanuatu, now meet 
the various criteria that w ould allow t hem to change their status very rapidly. Others d id not yet 
meet th ose criteria but were making swift progress. More broadly, none of their countries ha d the WT/GC/M/188  
 
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  ambition of remaining an LDC indefinitely . All of them hoped to reach a level of sufficient 
develo pment to enable them to change their status.  
7.4.  Graduating from LDC status represent ed a major achievement on which they should  
congratulate themselves. Yet , that was just a step . It was  not an end in itself. Countries that change d 
their status continue d to face enormous development challenges and were likely to fall back into the 
LDC Category if their progress was not sustained  particularly during the  global pandemic period 
which was already having a heavy impact on their economies. Leaving the LDC Category also mean t 
giving up a multitude of international support measures – the same measures that ha d often 
contributed to their development.  
7.5.  In the area of international trade, th ose measur es range d from preferential duty free access 
for LDC exports, and technical assistance and capacity building measures such as those provided by 
the Enhanced Integrated  Framework , through numerous S&DT  flexibilities under the WTO 
Agreements and various deci sions.  To mitigate the negative effects associated with the removal of 
such support measures, the United Nations General Assembly had adopted the principle of "smooth 
transition " under which LDC specific support measures should be phased out in a gradual a nd 
predictable manner following the final exit of countries from the LDC list so as not to disrupt the 
development progress of the graduating country.  
7.6.  In the area of international trade, Paragraph 16 of General Assembly Resolution A/RES/67/221, 
adopted on 21 December 2012, invite d all Members to "consider extending to graduated countries 
the existing special and differential treatment measures and exemptions available to least developed 
countries for a period appropriate to the development situation of the country ". Paragraphs 17 and 
18 also invite d LDC trading partners to establish procedures for LDCs to continue benefitting, for a 
certain period, from duty free market access, which they enjoy ed under the Generalized System of 
Preferences, and technical ass istance specifically allocated to LDCs.  
7.7.  In practice, some trading partners of LDCs, including the European Union and Turkey, provide d 
for a transition period for the granting of their tariff preferences. The EIF also allow ed countries that 
had lost their L DC Status to continue to benefit from its funding for a limited period.  At the WTO, on 
the other hand, there were no formal procedures for a smooth transition, neither for specific 
assistance to LDCs nor S&DT  provisions. Members losing their LDC status would automatically lose 
access to all support measures in favour of LDCs under the multilateral trading system from one day 
to the next . 
7.8.  While it was possible to request a waiver of certain WTO obligations for a limited period, th e 
request should  be accepted on a case -by-case basis by other Members.  Such a process was 
particularly burdensome for LDCs and clearly disadvantage d Members whose resources and 
negotiating capacities were limited. Aware of th at shortcoming, LDC Trade Ministers who  had met 
on the side  lines of MC12  in Buenos Aires on 10 December 2017 ha d called for positive trade action 
in favour of graduating LDCs in line with the recommendations of the United Nations.  
7.9.  The proposal for a decision put forward by the LDCs, which Members  were discussing t hat day, 
addresse d those considerations and aim ed to respond constructively to th ose concerns. It d id not 
seek new measures in favour of LDCs but merely the guarantee that existing measures w ould 
continue to apply for a transitional period of twelve  years from the date that a Member graduate d 
from the LDC Category.  
7.10.   Such an approach would not only be in line with United Nations Resolutions but would also 
enhance predictability and confidence for those LDCs about to graduate. In practice, it woul d not be 
logical to extend only some of the existing measures and not others. Th at would be tantamount to 
establishing a hierarchy between provisions in favour of LDCs and to deciding ex ante and arbitrarily 
which should be extended or eliminated.  
7.11.   For th at reason, an extension of specific support measures to LDCs should cover all S&DT  
provisions specific to LDCs in the WTO Agreements and all Ministerial and General Council decisions 
and other relevant WTO decisions. Beyond S&DT , an extension should cover al l specific technical 
assistance and capacity building programmes for LDCs provided under the WTO system as well as 
any other relevant measures in favour of LDCs.  If an LDC los t its status during a transition period 
under the WTO rules, such Members should  have the right to use the remaining transition period in WT/GC/M/188  
 
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  the same way as any LDC. Once th ose transition periods ha d expired, Members having lost their 
LDC Status should automatically benefit from the most favourable S&DT  granted to other developing 
country  Members.  
7.12.   The propos ed decision call ed on Members granting trade preferences to establish procedures 
to extend and phase out their preferential access for a specified period of time. The LDCs were  not 
proposing to introduce new measures for  them. They  simply asked for the  exten sion of  the stat us 
quo for a limited period of time.  In consider ing the potentially high cost of loss of support measures 
for LDCs at a time when the world was affected by a global pandemic, it was not surprising that 
several LDCs were reluctant to graduate.  A decision at MC12  in favour of countries that were losing 
their LDC Status would send a strong  positive  signal to the LDCs from  the multilateral trading system.  
7.13.   The representative of Bangladesh  said that LDC Graduation implied  exclusion from the LDC 
Categor y. The United Nations  General Assembly 's decision to exclude a country  from the LDC 
Category  was a  recognition of that country 's commitment to its socio-economic development. Such 
a recognition help ed those countries move a step further to integrate  themse lves into the multilateral 
trading system and demonstrated that progress,  though incremental, was possible.  The 2016 
UNCTAD LDC report appropriately suggest ed that graduation itself should not be the primary focus 
of LDCs and their development partners . It should rather be viewed as a milestone in LDCs ' longe r 
term sustainable development. LDC Graduation was a continuous process and gradually every LDC 
would undergo  the process sooner or later.  
7.14.   One of the main objectives of the Istanbul Program me of Action was to cut  the number of 
LDCs by half by 2020. Clearly, the target could not be achieved. Only four countries ha d graduated 
during th e decade  with Vanuatu being the most recent one to do so . During the last triennial review 
of the UN Committee for Development Policy  in 2018, twelve  countries including Vanuatu, ha d met 
the graduation criteria and they were on the path to graduat e. In addition, thirteen  countries ha d 
already met at least one c riterion for graduation. Graduation from LDC Status ha d therefore  taken 
a new momentum. LDCs therefore needed Members' special attention in relation to  the future course 
of action after their graduation.  
7.15.   Chad, t he LDC Group Coordinator , had referred to  the UN General Assembly Resolutions 
59/209 of 2004 and 67/221 of 2012 on "Smooth transition for countries graduating from the list of 
least developed countries " inviting Members and the LDCs' trading partners to extend LDC specific 
flexibilities to LDCs for a  few more years after graduation. Th at was an honest expectation that the 
agreed calls at the UN G eneral Assembly  would be addressed by  the WTO . Members kn ew that with 
the exception of the EIF, there were no formal WTO procedures to support the smooth tran sition for 
LDC Graduation.  After leaving the category, LDCs would normally lose access to all trade -related 
support measures and flexibilities granted to them through the WTO provisions.  
7.16.   There were three  criteria for exclusion from the LDC Category under the UN Procedure: 
Income Criterion based on a three -year average estimate of GNI per capita, Human Assets Index, 
and Economic Vulnerability Index. To reach eligibility for graduation, a country should  reach 
threshold levels for graduation in two consecutive triennial reviews for at least two of the three 
criteria, or its GNI per capita should  exceed at least twice the threshold level. Clearly,  the attainment 
of the graduation criteria based on a few select ive indicators obviously d id not necessarily bring to 
an end the special treatment requirements for LDCs that Members ha d always recogni zed. 
7.17.   If not supported appropriately, the LDCs ' transition w ould not be sustainable and the 
graduation w ould make no diff erence. An incomplete and fragile graduation, without specific support 
mechanism, could  lead LDCs after graduation to more difficulties in addition to the existing 
constraints they face d at present. Moreover, the shock created by the COVID -19 pandemic on L DCs 
was severe and the impact was yet to be measured fully.  
7.18.   The recently published UNCTAD  Least Developed Countries Report 2020 forecast ed that the 
pandemic w ould push LDCs to their worst economic performance in thirty  years in 2020 with falling 
income lev els, widespread employment losses and widening fiscal deficits. The report further warn ed 
that the crisis w ould reverse years of painstaking progress by LDCs in social fields such as poverty 
reduction, nutrition and education.  Members would agree that desp ite all the obstacles, the LDCs 
had never  shown reluctance to follow the path of multilateralism. Even during uncertain  times, LDCs WT/GC/M/188  
 
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  continued to follow the  UN process towards  graduation.  The LDCs therefore needed unconditional 
and reinvigorated support fro m Members to thrive in this challenging journey.  
7.19.   Bangladesh echoed  the LDC Group Coordinator 's call that LDCs were not asking for new 
measures but simply requesting that the existing measures continue d to apply for twelve  years after 
the exclusion from the  LDC Category. Bangladesh  urged the General Council to approve th e draft 
for the next Ministerial Conference. Th at would be a genuine response to the UN General Assembly 
Resolutions for introducing a comprehensive and effective smooth transition mechanism for 
graduating LDCs under the WTO system. Th at would also be an important contribution of the WTO 
for the better future of the LDCs. Bangladesh, along with all LDCs, expresse d readiness to 
constructively engage with Members on th e issue.  
7.20.   The Chairman  recalled , after the introduction s by Chad and Bangladesh, that Members  were 
discussing t hat day a draft of a decision for MC1 2. 
7.21.   The representative of Angola  said that the LDCs continue d to face considerable trade -related 
challenges to grow in sustainable development due to their structural, economic and financial 
vulnerabilities and limitations which had been  aggravated by the C OVID -19 pandemic. Although 
COVID -19 ha d affected countries worldwide, it would be particularly difficult for graduating LDCs 
and those graduated countries to deal with the wide-ranging effects. Additional supportive measures 
including adequate aid from the  international community and timely financial resources were 
therefore  essential to ensure a smooth transition to help LDCs achieve trade balance and overall 
stability.  LDC Graduation w ould not be an easy process for Angola as it  faced many challenges not 
only due to the decrease or interruption of special support measures but also due to  the intrinsic 
developmental challenge s it faced including the  lack of diversification of its economy.  
7.22.   While graduation mark ed an outstanding achievement, it also entail ed challenges as the 
country could  lose LDC specific benefits and favourable arrangements. It was therefore important to 
have a smooth transition strategy defined at the WTO as a vital tool in ensuring that graduating 
countries were taken on board at sustain able development pathways.  Angola appeal ed to Members 
to deliberate and take a favourable decision in the proposal presented by the LDCs as contained in 
document WT/GC/W/807 which was aligned with the UN General Assembly resolutions 59/209 of 
2004 and 67/2 21 of 2012 on "Smooth transition for countries graduating from the list of least 
developed countries" to consider extending existing S&DT measures and exemptions available to 
LDCs for a period appropriate to the development situation of the country.  
7.23.   The re presentative of Myanmar  noted that t he year 2020 ha d encountered enormous social 
and economic challenges due to the outbreak of COVID -19. It had been  unprecedented and ha d 
been adversely affecting emerging markets and developing economies. Myanmar  therefor e full y 
support ed the WTO initiative to facilitate coordinated response to COVID -19. Myanmar was grateful 
to the concerted efforts of the Chair, the Chairs of the Negotiating Groups and the Deputy Directors -
General for their dedication in facilitating cont inued negotiations through virtual mode  and was  
confident that Members could  deliver meaningful outcomes before MC12 while taking into account 
the development needs of the LDC s and the challenges in graduating from the LDC Status.  
7.24.   Myanmar  support ed the LDC  proposal regarding trade -related challenges of LDCs and support 
measures over a period of time for smooth transition.  Graduating and Graduated LDCs  still need ed 
technical assistance, preferential treatment and trade -related support , among others, to avoid  
unwanted burden in the process. Myanmar  appreciate d the decision taken by the General Council in 
the past to facilitate the LDCs ' integrat ion into the global economy , increase their trade opportunities 
and enhance their participation in the global trading  system.  Myanmar  reaffirm ed its full support to 
the open, non -discriminatory and rules -based multilateral trading system as embodied by the WTO.  
7.25.   The representative of Jamaica , on behalf of the ACP , saw commendation on the LDCs' 
approach which ha d been taken to promulgate the interest of the LDCs within the WTO. Undoubtedly, 
LDCs still face d significant trade and development challenges. Now more than ever, there was an 
urgent need to ensure that the inte rests and potential of LDCs were accommodated in all their work 
at the WTO especially in light of the impact of the COVID -19 pandemic and other existential and 
emerging challenges. The COVID -19 pandemic ha d exacerbated those challenges even as they were 
still grappling to be fully integrated into the global trading system. The pandemic c ould also undo all 
the strides that would have been made over the last few years.  WT/GC/M/188  
 
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  7.26.   The statistical and empirical evidence sp oke volumes of the impact of COVID -19 on LDCs. The  
pandemic ha d affected key economic sectors such as logistics and tourism which were sources of 
employment, GDP and foreign exchange earnings. According to WTO, UNCTAD and ITC estimates, 
the tourism sector of LDCs ha d been hit hard with the decline of up t o 81% and the decline in the 
transport sector by 31%. Th at gloomy outlook should  be considered when discussing the graduation 
process for LDCs and the provisions accessible to the group within the WTO post -graduation. It was 
also already acknowledged that lots of preferences, income and increase in borrowing w ould be key 
challenges for the  LDCs. 
7.27.   The ACP Group ha d taken note of the proposal for a draft Ministerial Decision for the 
consideration of Members to respond to the UN General Assembly Resolution s 59/209 of 2004 and 
67/221 of 2012 and to introduce a comprehensive, effective smooth transition mechanism for 
graduating LDCs under the WTO system. The ACP Group support ed the LDCs' submissions in 
WT/GC/W/806 and WT/GC/W/807 and look ed forward to a further pr oductive engagement on the 
matter to support LDCs including Graduating LDCs in their development aspirations and their efforts 
to integrate into the multilateral trading system.  
7.28.   The representative of Mauritius , on behalf of the African Group , fully support ed the submission 
by the LDC Group as contained in document WT/GC/W/807 including the  draft Ministerial Conference 
Decision to allow LDCs twelve  years after graduation to continue benefitting from LDC specific 
support measures , S&DT provisions  and flexibil ities in all WTO Agreements, Understandings, and 
any Ministerial, General Council or other relevant decisions. The African Group also appreciate d the 
"Fact Sheet on LDC Graduation " provided by the LDC Group contained in document WT/GC/W/806. 
The African Group  trusted that th e informative document w ould help all Members understand the 
context better.  
7.29.   LDC Graduation help ed elevate a least developed country a step further to integrate into  the 
multilateral trading system. LDC Graduation was also a continuous process and , gradually , every 
LDC w ould be included in the process. Every LDC should therefore be prepared to face the future 
post-graduation challenges sooner rather than later. The 2016 UNCTAD LDC repo rt suggest ed that 
graduation itself should not be the primary focus of LDCs and their development partners but should 
rather be viewed as one milestone in the LDCs' longer  term sustainable development. Several SDG 
targets also clearly highlight ed the futur e needs of the LDCs.  
7.30.   The UN General Assembly Resolutions 59/209 of 2004 and 67/221 of 2012 on "Smooth 
transition for countries graduating from the list of least developed countries " invite d "all Members 
of the World Trade Organization to consider extending  to graduated countries the existing special 
and differential treatment measures and exemptions available to least developed countries for a 
period appropriate to the development situation of the country". The resolutions also invite d LDC 
trading partners to establish procedures for extending or phasing out preferential market access, 
and LDC -specific funds of the United Nations system to continue providing technical assistance to 
graduated countries over a certain period.  
7.31.   With the exception of the EIF, the re were no formal WTO procedures to support smooth 
transition for LDC Graduation. After leaving the category, LDCs would normally lose access to all 
trade -related support measures and flexibilities granted to them. Th at would put LDCs in a difficult 
situat ion not least given their economic vulnerabilities and their limited negotiating capacity.  If not 
supported appropriately, the LDCs ' transition w ould not be sustainable and the graduation w ould 
make limited difference to the LDCs.  
7.32.   An incomplete and fragile  graduation, without specific support mechanism, could lead LDCs 
after graduation to more difficulties in addition to the existing multipronged challenges they face d 
at present  – not to mention  the huge shock created by the COVID -19 pandemic on LDCs the im pact 
of which  was yet to be measured. The LDCs w ould need reinvigorated and comprehensive support 
from Members.  
7.33.   The African Group therefore f ound the LDC Group's submission logical. The draft M inisterial 
Conference  Decision text w ould be a genuine response to the UN General Assembly Resolutions for 
introducing a comprehensive and effective smooth transition mechanism for graduating LDCs under 
the WTO system. The African Group would be happy to join the consensus and cal led on the Gener al 
Council to approve th e draft decision for the next  Ministerial Conference.  WT/GC/M/188  
 
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  7.34.   The representative of Afghanistan  fully support ed the two communications from the LDC 
Group. As an LDC, Afghanistan underst ood the structural challenges facing the LDCs  and joined the 
calls for supporting graduating countries with additional targeted measures after losing their LDC 
Status as an incentive to graduate and enable them to adjust to their new status.  Afghanistan 
support ed the draft Ministerial Decision to introduce a s mooth transition mechanism for graduating 
LDCs under the WTO system and encourage d all Members to do the same . 
7.35.   The representative of South Africa  associate d with the statements made by the ACP and the 
African Group. South Africa s aw value in ensuring that the development efforts of LDCs were not 
disrupted by graduation. There was a need to continue  the provision of a comprehensive and 
coherent set of support measures that t ook into account the priorities, strategic challenges and 
vulnerabilities of graduati ng LDCs. Th at would give graduating countries which were likely to still be 
relatively poor additional time to consolidate their progress. Without th at, a certain jump in tariffs 
could have a devastating socio -economic impact on the countries concerned. So uth Africa was 
supportive of the proposal and w ould constructively engage towards a meaningful outcome.  
7.36.   The representative of Nepal  associated with the statement made by the LDCs. Sustainable 
and inclusive trade, particularly export trade, constitute d a critical pillar for the overall socio -
economic development for all Members . Reports however showed that the least developed countries 
had not been able to participate in and benefit  from the global trading system in a just manner owing 
to numerous constraints including supply side constraints and non -tariff barriers.  
7.37.   The world leaders ha d set a target of achieving LDC Graduation and also SDGs by 2030. It 
was therefore incumbent upon Members to support LDCs in meeting those global targets in a timely 
manner through making relevant decisions at th e WTO.  Moreover, the pandemic ha d impacted the 
LDCs most severely. Recovery of LDC economies was almost impossible without specific additional  
and robust support measures from donor s and, for that matter, achieving global targets of LDCs in 
that critical situation w ould remain unfulfilled.  
7.38.   Global programmes such as  the Istanbul Programme of Action and 2030 Agenda ha d 
embraced the LDC Graduation goal. Some LDCs were on their path to graduation while others were 
in the process. The Istanbul Programme also target ed to double LDCs ' share in global export. But 
its progress still remain ed way below the target. On top of that, COVID -19 ha d devastated LD Cs' 
export performance. The goal of graduation  was not an end in itself but just a threshold to move 
towards the next level o n the  sustainable development ladder.  At the same time, g raduation 
present ed further challenges to LDCs in trade and development. G raduated countries pose d a great 
risk of falling back into the LDC Category if their progress was not sustained.  
7.39.   Graduated countries would lose  access to a wide range of international support measures. 
That could  create further gap if sufficient support was not strengthened to sustain the graduation. 
The globally accepted principle of "smooth transition " needed to be recogni zed and the continuation 
of support measures for a longer transition period was urgent. In th at context, Nepal  fully support ed 
the LDCs ' submission in th at regard and urge d all Members to positively consider and accept the 
submission.  
7.40.   Among the various support measure s available to LDCs, the duty -free quota -free market 
access facility was extremely important to sustain their export in destination markets. Extending 
that support for twelve  years as reflected in the submission w ould be instrumental in sustaining 
LDCs' export performance even after graduation. In th at context, the decision taken by the WTO 
system was therefore  crucial. Once the transition period of twelve  years was extended and graduated 
LDCs continue d benefiting from the same level of support for th at period as enjoyed by the 
developing countries, the weaker economies such as LDCs w ould certainly be able to build their 
strong export base to advance towards the path of the developing countries in a sustainable manner.  
7.41.   The representative of the European Unio n congratulate d Vanuatu on having recently 
graduated from its LDC  Status. Th at was an important and positive milestone in the country 's 
development path, one worthy of recognition and celebration. The E uropean Union  support ed 
constructive initiatives to be tter integrate LDCs into the multilateral trading system and encourage d 
discussing any trade -related challenges of the LDCs on the basis of the analysis showing their specific 
difficulties.  The E uropean Union  was mindful of the challenges that graduating L DCs face d. That was 
recogni zed and reflected in its existing trade and development policies.  WT/GC/M/188  
 
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  7.42.   In the E U General Scheme of Preferences, transition periods were already provided for the 
benefit of developing countries, particularly for recently graduated LDCs and other countries most 
in need. The E uropean Union  had also launched a series of trade agreements with developing 
countries including Economic Partnership Agreements in order to maintain certain preferences. The 
European Union  also engage d bilaterally with LDCs with a view to graduation to be able to best 
support the countries during and after their graduation, taking account of their specific situation. At 
the same time, t he European Union  and its Member States continue d to provide the lar gest share of 
Aid for Trade which also went to supporting LDC Graduation.  
7.43.   On the draft decision, t he European Union recalled that procedures  were already available to 
negotiate a waiver from any WTO obligation, to seek an extension of a transition period, or to adopt 
a specific decision by a WTO body to address specific difficulties. The European Union  referred to  the 
recent report on "Trade impacts of LDC Graduation" published jointly by the WTO and the E IF. The 
study conclude d that the impact of graduatio n would be different for each graduating LDC, both in 
scope and in magnitude, be it in participation in the WTO, market access opportunities or in terms 
of development cooperation.  
7.44.   The report  likewise  noted that th e disparity among graduating LDCs suggest ed that support 
should be tailored to the needs and development strategy of each country.  Against th e overall 
background, the European Union  asked the LDC Group to clarifications regarding the reason that all 
support measures be extended for a period of 12 years  and the reason that support measures be 
maintained to all Graduated LDCs . The E uropean Union  stood ready to engage further with the LDC 
Group on th ose communications.  
7.45.   The representative of Norway  was sympathetic to the concept of transitional arrangements 
for Graduating LDCs and ha d already transitional arrangements for LDCs built into its national GSP 
system. Norway  would study the proposal carefully and look ed forward to engaging with the LDC 
Group  in due course.  
7.46.   The representative of the United States  share d some initial questions on the communications 
as the United States worked to increase its understanding of the proposal . The United States  would 
like to better understand the mechanics of the tw elve-year extension in Paragraph 1. The United 
States  underst ood that the UN Committee for Development Policy review ed the list of LDCs every 
three years and ma de recommendations on graduation from that category. In practice, the UN CDP 
could  postpone grad uation for up to nine years when all possible extensions were fully employed. 
The question was, "Would the twelve -year period in Paragraph 1 of the draft Decision overlap with 
the nine -year graduation process at the UN, or would the twelve -year extension b egin after the nine -
year graduation process? " 
7.47.   The United States  would also like to better understand whether the LDC Group was pursuing 
changes to the graduation process that would address its goals  including whether  the LDC Group 
had considered seeking a longer graduation process in the U nited Nations , if a longer timeframe was 
warranted for a Graduating LDC . Under the proposal, a newly Graduated LDC could have similar or 
even higher development indicators than some non -LDC developing countries.  The Gradua ting LDC 
would however receive more benefits at the WTO than similarly -situated non -LDC developing 
countries. The United States asked whether the LDC Group had considered th at scenario . The United 
States  appreciate d the opportunity to have th at discussion.  
7.48.   The representative of Switzerland  said that i ncreasing the number of countries graduating 
from the LDC Category was something that should be welcomed as it demonstrate d real progress. 
Switzerland  recogni zed that so me Members could  be in a position where they face d difficulties upon 
graduat ing from the LDC Category. Switzerland  was ready to discuss ways of supporting LDCs who 
faced a changing political context because of their graduation  and welcome d the report by th e 
Secretariat referred to in the proposal being discussed. As the report from the Secretariat state d, 
the implications of graduation were specific to each country and each area. Switzerland therefore 
asked whether t he LDC Group intend ed to adopt a differen tiated approach in the context of th e 
proposal . It could be easier for Members to examine specific problems and issues rather than 
adopting a very broad and horizontal approach.  
7.49.   The graduation process t ook place gradually over a number of years and there were 
transitional mechanisms involved. Switzerland asked h ow the proponents use d that period  to WT/GC/M/188  
 
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  prepare for post -graduation.  The concept of a smooth transition in the UN General Assembly 
Resolution 67/221 of 2012 refe rred to gradual phasing out of preferenc es provided to LDCs. 
Switzerland asked whether the proponents could consider a phased out approach in that area . At 
the same time, as  the Services Waiver for LDCs adopted in 2015 w ould end in 2030 , Switzerland 
asked  how the LDCs would reconcile that period with the twelve -year transitional period for 
preferences for Graduating LDCs . Switzerland  reiterate d its willingness to work constructively with 
the LDCs on th e issue.  
7.50.   The representative of Turkey  had always been supp ortive of programmes and projects to 
contribute to the development of LDCs and was committed to do its share in addressing the needs 
of LDCs so that they c ould develop through trade. Turkey  acknowledge d the progress some LDCs 
had achieved through the assis tance of the current toolbox of the multilateral trading system  – 
manag ing to further improve their development level. Turkey likewise  recogni zed that LDCs even at 
that higher level were still exposed to several challenges as they  formulated  their trade an d industrial 
policies. Th at require d the Membership to continue to address the challenges and to respond to their 
needs. As a developing country, Turkey was better situated to understand the challenges faced by 
LDCs and knew that  development was a lengthy and multifaceted process. Turkey  also agree d that 
a smooth transition was needed for graduated LDCs . As Members'  deliberation continue d, Turkey 
remained  ready to engage with the co -sponsors to further elaborate the issue.  
7.51.   The representative of India congratulate d Vanuatu on its graduation. India ha d been a strong 
supporter of LDCs ' integration into the multilateral trading system and was at the forefront of efforts 
to increase their share in global trade. India grant ed duty free access to about 96% of  the tariff lines 
for goods originating from LDCs, with partial preference on another 114 tariff lines (i.e. about 2.15% 
of tariff lines). India was the fourth biggest export destination for LDCs after the European Union , 
China and the United States . India also had  a dedicated Centre for WTO Studies that help ed LDCs 
to better integrate into the multilateral trading system  through various technical assistance and 
capacity building initiatives. As the submissions note d, LDCs suffer ed from various capacity 
constraints and economic vulnerabilities. India therefore support ed that a reasonable period of time 
be granted as transition period for a comprehensive and effective smooth transition for Graduating 
LDCs under the WTO system. India request ed Members to consi der th e proposal favourably.  
7.52.   The representative of China  joined others in thanking the LDCs for their introduction of the 
proposal. Unlike college students graduating from school, countries graduating from the LDC 
Category follow ed a process based on artif icial criteria. It was not a solid capacity test. The LDCs 
were still facing tremendous challenges and high vulnerability even after graduation, and their 
economic and social development c ould not be accomplished overnight.  
7.53.   China acknowledge d the significa nt importance of the principle of smooth transition of 
graduated LDCs introduced by the UN General Assembly. The WTO ha d a central role to play in 
providing a sound policy environment and regulatory framework for the sustainable development of 
the vast num ber of developing countries, especially the least -developed ones.  China support ed that 
more care and greater attention should be given to developing countries suffering difficulties in 
fostering development and econom ic transformation, including exploring a way forward to reali se 
smooth transition of the Graduated LDCs and further integrate into the multilateral trading system, 
as requested by the LDC Group in its communication.  
7.54.   The representative of Vanuatu , on behalf of the Pacific Group , associate d with the statement 
made by the ACP and acknowledge d the warm words of encouragement on Vanuatu's recent 
graduation on 4 December 2020 – the second Pacific Group member to graduate after Samoa in 
2014. The Solomon Islands was also scheduled for g raduation in 2024. Th e proposal was important 
for the Pacific  Group. Apart from the loss of preferences and trade support, Pacific LDCs face d 
ongoing challenges from climate change as well as frequent and severe natural disasters that 
undermine d thei r deve lopment efforts. One disaster for instance c ould wipe out a significant 
proportion of GDP  including  their productive and trade capacities. To illustrate, i n 2015, Cyclone Pam 
had caused Vanuatu to incur a loss of over 60% of GDP.  
7.55.   The alternative trade regi mes such as the GSP also c ame with significant conditionalities which 
LDCs could  not have the capacity to fulfil. Th e draft decision was therefore important for the Pacific 
Group and w ould provide greater certainty and predictability for LDC Members throug h the 
continuation of market access and trade support. Th ose were necessary to facilitate their smooth 
and successful transition and to better integrate them into the multilateral trading system.  WT/GC/M/188  
 
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  7.56.   The Chairman  congratulated  Vanuatu for graduating from the L DC Category and echoed 
similar  sentiments expressed by delegations . He also noted that Vanuatu had  mentioned Cyclone 
Pam and recalled that Members had  heard the previous day  from Fiji about the approaching Cyclone 
Yasa.  He extended his thoughts to the  people of Fiji as they faced the cyclone  that brought about 
345 km/hr gusts of wind  and 14-metre swells . 
7.57.   The representative of Indonesia  recogni zed the systemic socio -economic challenges faced by 
LDCs. COVID -19 ha d also caused  additional burden  given that it had disproportionately affect ed the 
developing and LDC Members. While acknowledg ing and congratulat ing some LDCs who w ould soon  
graduate, Indone sia support ed the call for smooth transition strategies for countries graduating from 
the LDC  Category  as stated in the UN General Assembly Resolution 59/209 of 2004  and the draft 
Ministerial Decision presented by the LDCs and circulated in document WT/GC/ W/807.  
7.58.   The representative of Egypt  associate d with the statement made by the African Group. 
According to the latest report by UNCTAD on the impact of the pandemic on trade and development, 
among developing countries , the impact of the pandemic on poverty r ates was expected to be severe 
especially in Africa and LDCs. Due to high vulnerability and the limited capacity to adjust and respond 
to shocks, LDCs over which many were in Africa account ed for about 14% of the global population 
and were expected to acco unt for 53% of global extreme poverty in 2020. Egypt urged all Members 
to positively consider the proposed measures in the draft Ministerial Decision to enable LDCs to 
confront the repercussions and challenges of the current unprecedented global crisis.  
7.59.   The representative of Cambodia  associate d with the statement made by the LDCs and 
congratulate d Vanuatu for its successful graduation on 4 December. Cambodia  support ed measures 
intended for Graduating LDCs to get an extension of all related support measures provided in the 
multilateral trading system. An extension of LDC specific support measure s should cover technical 
assistance and all LDC specific S&DT provisions in the WTO Agreements. Cambodia  urged Members 
to constructively engage with the two proposals submitted by the LDCs and wish ed to see the 
proposal adopted at MC12. Its adoption w ould help Graduating LDCs in their development and 
encourage other LDCs to graduate from LDC Status. Cambodia thank ed Members for supporting the 
LDC Submissions given  the challenges and difficulties faced by Graduating LDCs and for encourag ing 
them to participate in global trade.  
7.60.   The representative of Nigeria  associate d with the statements made by the ACP and the African 
Group. Nigeria was fully aware of the challenges faced by the LDCs as all the neighbouring countries 
sharing the border with Nigeria were LDCs. Niger ia therefore supported the LDC Proposal . 
7.61.   The representative of the Kingdom of Saudi Arabia  congratulate d Vanuatu and  unders tood 
the concerns of the LDCs in relation to the challenges that they w ould face after graduati ng from 
LDC Status due to various capa city constraints. The Kingdom of Saudi Arabia was a strong supporter 
of integrating LDCs into the multilateral trading system . That had been recogni zed through its 
significant financial contributions in the EIF . The Kingdom of Saudi Arabia  remained  ready t o engage 
constructively in th at regard  with the aim of achieving  a positive outcome by MC12.  
7.62.   The representative of Tunisia  associate d with the statement made by the  African Group and 
support ed the draft decision circulated in document  WT/GC/W/807 a llowing Graduated LDCs, for a 
reasonable period after its graduation , to continue to benefit from specific support measures for 
LDCs and S&DT provisions  in the WTO Agreements.  Such was essential  to guarantee a sustainable 
transition for Gradu ated LDCs, particularly in the current socio -economic context , by adopt ing 
accompanying measures during the ir transition period. The draft decisio n would help address the 
difficulties faced by outgoing LDCs  and would  provide concrete support from the multi lateral trading 
system for the implementation of the objectives and targets of the Istanbul Program me of Action.  
7.63.   The representative of Cameroon  associate d with the statement made by the African Group. 
The LDC proposal wa s relevant  as it would help  meet the  WTO's goals. As m any countries faced  
huge challenges in global trade , the draft decision deserve d Members' close attention should they 
choose  to live in a fairer and equal world.  
7.64.   The representative of Bangladesh  appreciate d Members' interventions  and than ked those who 
had supported th e LDC  submission. The LDC Group also thanked  those who ha d asked some 
questions and who had expressed their willingness to engage constructively and welcome d the WT/GC/M/188  
 
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  opportunity to provide further clarifications . The LDCs likewise acknowledge d the support and 
inspiration they receive d from the development partners. The "Fact Sheet on LDC Graduation " 
contained in document WT/GC/W/806 could be  further updated. That informative paper w ould help 
Members better unders tand the context. The LDC Group request ed the General Council to keep th at 
item in the agenda for its next meetings until the issue was resolved. In the meantime, the LDCs 
would engage bilaterally with Members concerned  and requested the Chair of the Gener al Council  to 
kindly facilitate the informal consultations.  
7.65.   The representative of Chad, on behalf of the LDCs , thank ed all Members who ha d supported 
or expressed their understanding o n the LDCs' position. The LDCs  had taken due note of the 
observations and  questions which had been  of great pertinence including those of the European 
Union, the United States and Switzerland. Upon review ing the existing rules of the WTO, one would 
see that all of the procedures and the agreements that exist ed lacked a formal process for a smooth 
transition for Graduated LDCs be it through specific LDC measures or S&DT provisions. Members 
who were losing their LDC Status would automatically lose access to all of th ose measures apart 
from EIF which continue d to provide  financing and technical assistance support to Graduated LDCs.  
7.66.   The draft decision d id not ask for anything new. The LDCs  were just asking for a guarantee 
that existing WTO measures would  continue to benefit Graduated LDCs throughout the proposed 
transition  period bringing it into coherence with the UN System on the basis of data to be discussed 
with development partners. Further discussions with Members on th ose submissions w ould provide 
LDCs a chance to address concerns . The LDCs stood ready to work closel y with all Members to find  
consensus on th e issue. A decision in favour of Graduating LDCs w ould undeniably be a strong si gnal 
of the very solid and credible nature of the multilateral trading system and of the WTO. It was a sign 
of an open, inclusive trad ing system which contribute d effectively to a better integration of all 
economies particularly  the most vulnerable trading nations. The LDCs  stood ready to engage in a 
wide range of different discussions to find  consensus on th e issue which was essential t o all LDCs.  
7.67.   The Chairman noted that there had been, in the discussion, a bit of to and from between the 
proponents and delegations asking questions. He invited Members to remain engaged in the 
discussions.  
7.68.   The General Council took note  of the statements.  
8  COVID -19 AND BEYOND: TRADE AND HEALTH – STATEMENT BY CO -SPONSORS OF 
WT/GC/223  
8.1.  The Chairman  recalled that the  item was included in the agenda by the delegation  of the 
European Union  on behalf of the co -sponsors of document WT/GC/223  and invite d the European 
Union to take the floor.  
8.2.  The representative of the European Union  noted that t he COVID -19 pandemic ha d had a 
devastating impact on people 's health, well -being and economic prosper ity. It ha d created 
unprecedented challenges for governments across the world. Most of them – and th at include d the 
European Union  – had taken a range of trade -related actions with a view to ensuring that essential 
goods were available to their populations . It went without saying that safeguarding the lives and 
health of their people was at the core of every government 's section.  
8.3.  But the crisis ha d also exposed the fragility or even a potential negative fallout of unilateral, 
uncoordinated trade -related act ions. If every current exporter would  ban shipments of essential 
goods, a large portion of the world population would be denied access to the necessary life -saving 
supplies. A global crisis require d global cooperation. With that in mind, the E uropean Union  fully 
support ed innovative cooperation developed under the Access to C OVID  Tools Accelerator and the 
COVAX  Facility.  
8.4.  Although the response to the pandemic was primarily in the sphere of health policy, trade policy 
could also contribute to th at fight. With  the long -awaited discovery of vaccines, Members  were 
beginning to see the light at the end of the tunnel, but the operational and logistical challenges 
ahead w ould still be enormous. To succeed in th at fight, global cooperation was fundamental. The 
WTO ha d a valuable role to play  in particular to ensure that supply chains of essential products WT/GC/M/188  
 
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  remain ed open, that goods c ould cross borders quickly and that the trade environment was stable 
and transparent.  
8.5.  The time for Members to take action was now. Through the communication on COVID -19 and 
beyond, thirteen  Members, including the E uropean Union , invite d all Members to engage in a Trade 
and Health Initiative. At the heart of th e Initiative was the belief tha t each Member should be free 
at the domestic level to take the trade policy actions needed to fight the pandemic in accordance 
with the WTO framework. In the interest of the common public good , such actions should be 
coordinated and transparent. Ultimately , the objective was to create conditions for a more stable 
and predictable trade environment which in turn would help to mitigate the impact of the pandemic.  
8.6.  The European Union and co -sponsors invite d Members to proceed in two steps. In the first 
step, they called on Members to take immediate actions to address the current COVID -19 crisis. 
Those actions were detailed in the Annex to the Communication and would consist in particular in  
exercising restraint when applying export restrictions on essential goods , ensuring that measures 
were targeted, transparent, proportionate, temporary and consistent with WTO obligations; sharing 
experience and best practices in trade facilitating measures, including on services facilitating the 
frictionless movement of essenti al goods as well as in the area of technical regulations;  considering 
removing or reducing tariffs on essential goods;  promoting transparency, including by engaging fully 
in the trade monitoring exercises ; and, encouraging the WTO Secretariat to cooperate with other 
international organisations in order to respond more effectively to the current and future pandemics.  
8.7.  They called on Members to capture th ose actions in a declaration that should be issued as early 
as possible and, ideally, by the time of the ne xt General Council Meeting. The agreement on the 
declaration would be without prejudice to the commitments, if any, that Members could  take in the 
second step.  The second step was aimed at increasing Members'  global preparedness for any future 
health emerg encies. The European Union and co -sponsors  propose d to explore possible future 
commitments on the basis of the actions taken as a first step. Ideally, Members  should seek to 
achieve progress on th at strand of work by the Twelfth  Ministerial Conference. The European Union  
invite d all Members to join in th at endeavour and look ed forward to  successful cooperation.  
8.8.  The representative of Australia  believe d that the WTO ha d a valuable role to play in ensuring 
supply chains for critical medical supplies, that they remain ed and create d conditions for a stable, 
predictable and transparent trade environment for th ose products. Members should  learn from their 
experiences in deali ng with the COVID -19 crisis and take proactive steps to ensure that the 
multilateral trading system was better equipped to deal with future health emergencies. Now was 
the time for th e organization to act.  
8.9.  As a co -sponsor of the communication, Australia invited all Members to engage in th e initiative  
and called for Members to take immediate steps to address the crisis by minimising disruptions to 
supply chains, sharing best practices on trade facilitation, promoting transparency and fostering 
greater collab oration with international organization. Australia invite d all Members  to join the co -
sponsors in exploring possible future commitments as set out in the annex to the communication.  
8.10.   The representative of the Republic of Moldova  share d the same vision and o bjectives  that 
were reflected in the communication and found valuable potential elements included in the new trade 
and health initiative. Some of th ose had been  voluntarily implemented throughout 2020  by the 
Republic of Moldova particularly with reference to the transparency principle.  The determination to 
join efforts to fight the pandemic while ensuring that trade remain ed open with a transparent, 
predictable and non -discriminatory regulatory framework and viable value chains particularly in 
essential med ical goods and vaccines and the multilateral trading system central and fully functional 
remain ed of vital importance.  
8.11.   Currently, the pandemic was still unfolding. The infection rate ha d increased dramatically post 
lockdown. At the same time, Members  had started to face  challenges  related to the scarcity of 
essential medical goods. The pandemic ha d found the global  economy in a vulnerable position  with 
economic recession  seem ingly imminent.  Fighting th e health crisis and subsequently working on 
economic r ecovery w ould therefore  remain important priorities for Moldova in  the years to come. 
Responding effectively to th e crisis would  demand  a holistic approach, collective action and close 
cooperation between governments and international organization s includi ng the WTO. Moldova  was 
open to undertake along with other Members actions set out in the annex to the communication as WT/GC/M/188  
 
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  well as to engage in the group discussions related to the work of new elements to be included in the 
WTO trade and health initiative.  
8.12.   The representative of the Russian Federation  said that t he initiative put forward by the 
European Union and co -sponsors related to the issue of overcoming the consequences of the COVID -
19 pandemic which was currently the focus of WTO activities. Any proposal  on the matter  that c ame 
up for Members' consideration were seen as timely and relevant. Russia met the proposal with 
interest and look ed forward to further discussion s with co-sponsors and other interested Members.  
8.13.   The representative of Nigeria  associate d with the statement to be delivered by the African 
Group and the ACP. Though th e document was under review in its capital, Nigeria provided 
preliminary remarks without prejudice to  its final position on th e issue. Trade policy was a useful 
tool that could help in containing the COVID -19 pandemic and contribute to economic recovery. It 
was for th at reason that Nigeria had  implemented unilateral, temporary tariff suspension and had 
streamlined customs procedures for medical supplies  and products needed to combat COVID -19. 
8.14.   The WTO could and should play a vital role in enhancing effective global response to health 
crisis situations such as COVID -19. The WTO ha d however  built-in mechanisms that it c ould activate 
to achieve th at crucial goal without necessarily requiring the negotiations on new WTO commitments. 
Those mechanisms include d granting of waiver that w ould ensure patent and other IP rights d id not 
unfairly constitute barriers to upscaling of research, development, manufacturing and supply of 
medical products essential to combat COVID -19. Th at notwithstanding, Nigeria  was open to further 
discussions with the proponent s to generate  insight s on the scope and objectives of the proposal . 
8.15.   The representative of Senegal  agree d with the p roponents about the disruptions in the supply 
chain of export s of essential medical goods necessary for combatting COVID -19 and the lack of 
transparency in the measures taken by Members and the possible negative impact on the global 
efforts to combat the s pread of COVID -19. Strengthening international cooperation in the WTO was 
necessary  to facilitate trade in essential medical products including vaccines and ensuring that they 
were available to developing countries and LDCs particularly in the context of t he COVAX initiative. 
Senegal w ould share its views on the proposed initiative once it ha d been considered by its capital.  
8.16.   The representative of Hong Kong, China  appreciated  the proponents ' efforts  on the initiative  
which highlight ed the importance of havin g a coordinated global response to a global health crisi s 
at present and in the future. Hong Kong, China support ed the proponents ' efforts which aim ed to 
enhance the capacity of the international trading system to respond to public health emergencies 
and s upport improvements in the resilience of global supply chains. Hong Kong, China was  pleased 
to note that the proponents intend ed to work on a joint statement by  all Members for adoption in 
early 2021.  Hong Kong, China was  interested in th e proposal and look ed forward to engaging further 
with the proponents in th at regard.  
8.17.   The representative of Côte d'Ivoire  support ed document WT/GC/223 which concern ed the link 
between trade and health and was designed to address the difficulties faced in international  trade 
within  the context of the COVID -19 pandemic. The initiative's overall aim was to  strengthen the 
capacity of the global trading system to deal with  the type of health crisis of such magnitu de and to 
improve the resilience and strength of supply chains.  Côte d'Ivoire fully support ed the objectives of 
the document  which it had  submitted to its capital for further consideration and hope d to take part 
in the discussion on th e initiative  in due c ourse.  
8.18.   The representative of Chile support ed document WT/GC/223  which was a  substantive 
contribution in dealing with  trade and health issues  in the short, medium and long term  and in 
helping improv e transparency in areas such as trade facilitation and non -tariff barriers. In promoting 
the smooth flow of medical goods including vaccines, i t was  vital to avoid unnecessary barriers to 
trade  and to enhance  cooperation.  Specific measures in th e area were essential if  Members  were to 
rise to the challenges they faced and to quickly recover from th e crisis. The inclusive and flexible 
approach adopted by the initiative would facilitate in adapt ing WTO's response  to the needs of each  
Member . Chile invite d all Members to be part of t he initiative so that they could have a multilateral 
response to help all  of them  face the consequences of th e pandemic.  
8.19.   The representative of Iceland  fully support ed document WT/GC/223. The COVID -19 pandemic 
had created unprecedented public health challen ges for the global economy. Iceland  share d the view WT/GC/M/188  
 
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  of the important role the international trading system ha d to play in the post-recovery  efforts . 
International trade and distribution of essential medical equipment and medicines including vaccines 
should  remain open. In moving forward, Iceland  would be engaging in further discussion on th at 
proposal and on the future.  
8.20.   The representative of Colombia  welcomed the initiative  and was prepared to contribute to the 
discussions. There were some aspects that were lacking in the initiative that could also be addressed 
in due course. A multilateral response to a global problem  would  necessitate all Members  to make 
greater efforts in ensur ing that the ir actions were responsive  to the needs of the people.  
8.21.   The representative of Fiji said that the basis upon which the initiative was founded was 
important and need ed to be studied closely and effectively. Fiji's response at th at stage was 
preliminary a s it looked forward to reviewing t hat further with the propo nents and with its capital to 
better understand the proposal and its implications. COVID -19 ha d provided a bitter learning curve 
and it w ould be remiss if Members did not take a precautionary approach to address the challenges 
and to avoid repeating the sa me impediments in the future. Flexibilities should be  provided in times 
of crisis and an established set of guiding principles by the WTO be put in place as quickly as possible.  
As a small  island developing State , Fiji remain ed vulnerable even before the p andemic and was 
disproportionately affected in view of the size of its economy and the economic costs of such crisis. 
In light of the existing situation, t he prop osal should be  viewed holistically with other proposals such 
as the one on TRIPS flexibilities  which was timebound and specific.  
8.22.   The representative of Mexico  noted that Members were  in a very difficult period – an 
unprecedented crisis since the great depression.  Trade ha d an important role to play in the 
international community. The statement by th e European Union on behalf of the co -sponsors show ed 
how Members  needed to deal immediately and responsibly with the smooth flow of essential goods 
to help them combat th e pandemic in a tangible way through eliminating unnecessary barriers to 
trade and sha ring good practices for trade facilitation, technical  regulations and  standards, good 
endeavour measures to ensure the smooth flow of products and transparency about measures 
adopted in the context of the pandemic. The communication likewise talk ed about the effectiveness 
of such measures in dealing with future commitments for those who were in a position to adopt 
them. Mexico  encourage d Members to give the initiative a favourable consideration . 
8.23.   The representative of Costa Rica  said that t he communi cation provide d that international 
trade was a tool to combat the pandemic and looking for multilateral solutions w ould help combat 
COVID -19 and future pandemics and help in the recovery of the global economy . Measures that 
Members  could take under the mul tilateral trading system to resolve th e crisis include d trade 
facilitating ones that would  ensure the smooth flow of essential medical products which we re 
particularly important as they commenced the approval and distribution of vaccines . Costa Rica 
suppor ted the objectives of th e proposal and indicate d its willingness to discuss the elements that 
would help improve the capacity of the international trading system to address public health 
emergencies and support improvements and resilience of supply chains.  
8.24.   The representative of Norway  noted that t he pandemic represent ed a global challenge and 
could only be addressed effectively through international cooperation. The multilateral rules -based 
trading regime was part of the toolbox available to the global comm unity and trade was part of the 
solution. The trade and health initiative addresse d issues related to both managing the current 
pandemic recovering from the economic crisis caused by the pandemic and how Members  could  be 
better prepared for any future cris is. Norway was looking forward to engaging with Members in 
taking th e initiative forward and making it more concrete and action oriented.  
8.25.   The representative of Canada  said that i f countries worldwide were experiencing increasing 
COVID -19 cases, Members should make efforts to minimi se disruptions to trade flows especially in 
essential medical supplies. The objectives of the proposed trade and health initiative sp oke directly 
to that to keep markets open, to avoid obstacles to the distribution of the much awaited vaccines 
and to help better prepare for any future crisis. It was clear from the information gathered by the 
Secretariat that many Members ha d done just that  in response to the pandemic.  
8.26.   Over 70 Members had unilaterally reduced or eliminated tariffs on supplies necessary to 
address the pandemic. A number of Members ha d also taken steps to reduce friction at the border 
and facilitate the smooth transit of goods . Over 20 Members ha d notified the WTO of various forms WT/GC/M/188  
 
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  of export authorization or licensing requirements or outright bans. Many of th ose measures had 
however been  carefully targeted and, in some cases, removed shortly after they had been  put in 
place. Mor e importantly, Members' transparency around th ose measures had been very prompt. 
That was something Members  needed to build on to ensure they were better prepared to respond to 
public health emergencies now and in the future.  
8.27.   Members  also need ed to make ef forts to be coordinate d in the approaches they took to protect 
their citizens. A s Members knew well , nothing in the global economy happen ed in isolation. Members  
needed to ensure that their actions were disciplined and transparent. That was why th e trade a nd 
health initiative c ould build Members' confidence by working together to confront the shared 
challenges they faced to protect the citizens in the most vulnerable populations around the world. 
Canada look ed forward to working with all Members to reflect their commitment to remove the 
barriers in the trading system in order to make the effort to address COVID -19 a worldwide success.  
8.28.   The representative of the Republic of Korea  noted that, a s the COVID -19 outbreak cause d 
severe disruption in global value chains, Korea ha d been one of the key players to act proactively to 
ensure the steady flow of essential goods and critical medical supplies and to maintain the supply 
chains. One outcome had been the Ministerial Statement  on Action Plans to Facilitate the Flow of 
Goods and Services as well as Essential Movement of People which had been  circulated at the General 
Council in May. Korea ha d also joined with other Members in discussion to ensure the continued flow 
of vital medi cal supplies and to protect global supply chain in response to COVID -19. 
8.29.   The Secretariat ha d been supportive of its efforts as well in enhancing transparency and 
strengthening the monitoring exercise on health -related measures  and Korea thanked them for th eir 
tireless work. Korea ha d joined the Trade and Health Initiative and ask ed for broader support from 
Members to continue discussions in a constructive way. Korea  viewed the initiative as one of the top 
priorities in demonstrating WTO's relevance and resp onsiveness amid the COVID -19 situation and 
as a tool that w ould protect Members  against future pandemics.  
8.30.   The representative of the United States  took note of the communication in document 
WT/GC/223 and made  some initial observations. Some context could  be helpful. The most recent 
Trade Monitoring Report by the Secretariat, which had been  discussed in the TPRB the previous  week 
had included several  assessments : (i) Members ha d generally expressed and followed a commitment 
to ensure that trade could flow fre ely during the pandemic ; (ii) m ost of the COVID -19 related 
measures taken on goods since the outbreak of the pandemic had been  trade -facilitating  and (iii) i n 
the services sectors heavily impacted by the pandemic, most of the 124 COVID -19 related measures 
adopted b y Members had appeared to be trade facilitating.  
8.31.   Against this backdrop, it  was not clear what problem the co -sponsors aim ed to solve, nor how 
the proposed measures would solve that problem. Their communication seem ed to rely on platitudes 
about ne eding a global response to a global pandemic, and needing to make supply chains more 
resilient.  The United States would encourage deeper reflection. For example, supply chain resiliency 
did not  seem to be about lowering tariffs, or increasing Secretariat m onitoring, or encouraging vague 
cooperation between the WTO and other international organizations . It was about how to prevent 
disruption when production somewhere beyond the shores was shut down due to an unexpected 
shock, or when a supplier beyond the shores was suddenly unreliable.  
8.32.   A second observation also require d some context. The world ha d been grappling with a global 
pandemic for nearly a year.  The public health situation remain ed very difficult and ha d been 
worsening. To date , more than 1.6 million people ha d died around the world, including more than 
300,000 in the United States.  Against th at backdrop, the United States  question ed the prudence of 
asking Members to put new const raints on their rights under the WTO Agreement  – not to mention 
on their duty  to undertake measures to protect human health and life.  
8.33.   The idea that such measures could  be granted a period of validity of three months seem ed to 
misunderstand the moment.  The United States  took a different view. WTO rules could  not have been 
drafted with a global pandemic at front of mind, but the United States' initial observation was that 
the WTO Agreement seem ed fit for purpose. Its balance of rights and obligations, if adhe red to by 
Members, w ould continue to provide stability and predictability as they navigate d that very difficult 
period and finally recover ed. WT/GC/M/188  
 
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  8.34.   The representative of New Zealand  said that t he Trade and Health Initiative c ould play an 
essential role giving their stakeholders in business, frontline workers and the wider community some 
confidence that Members were doing what they c ould to ensure vital medical products such as PPEs 
and vaccines c ould move freely and were available when needed. Th at respond ed to important calls 
New Zealand  had heard from across the Membership and beyond it. The commitment to support 
COVAX was particularly important. New Zealand  remain ed convinced that not just unilateral action 
but rather collective action was needed  in that area and encourage d all Members to assess whether 
they c ould participate or express support for th e initiative.  
8.35.   The representative of Switzerland  noted that a global crisis require d a coordinated and global 
response. The current situation g ave Mem bers no choice.  They needed to face t he crisis  together. 
Members should therefore ensure that international trade was an effective tool to help them contain 
the pandemic and contribute to economic recovery. That was what the initiative promote d. Ensuring 
that many Members were on board w ould strengthen the impact of the initiative. Switzerland 
therefore urged Members to give favourable consideration to th e initiative.  
8.36.   The representative of Thailand  said that while its capital was carefully studying the 
comm unication, Thailand recogni zed the benefits of the proposed initiative, in particular, its objective 
to curb the pandemic and promote economic recovery through trade. Health crisis such as the 
COVID -19 pandemic require d coordinated response in a global lev el in order to minimi se supply 
chain disruptions and ensure availability of essential medical goods for all. It was therefore important 
for Members to deliberate on how to prevent further disruptions in the supply chains of essential 
medical products while  preserving sufficient flexibility for differing national circumstances. Thailand  
looked forward to continuing the constructive engagement on th e matter with a view to better 
understand the elements of the initiative in detail.  
8.37.   The representative of Chinese Taipei  noted that i nternational cooperation was needed to 
jointly respond to the pandemic and help the already devastated global economy to rec over swiftly. 
While it was still in the process of making its final decision on joining the proposal, Chinese Taipei  
was pleased to see more positive discussions among Members on th at important issue. In previous 
WTO practices, when the concept of health was used, it generally refer red to individual's health or 
human health. The COVID -19 pandemic was however  a threat to the population as a whole.  The 
COVID -19 pandemic involve d not merely individual's health  but also public health. Although 
individual health  and public health or population health were related, the latter was broader in scope. 
That was perhaps the first time Members  were addressing the linkage between trade and public 
health or population health. The Trade and Health Initiative w ould have a lo ng term positive 
implication in addressing not only the current pandemic but also any future public health threat 
similar to the pandemic Members  were currently encountering.  
8.38.   The representative of Guyana , on behalf of CARICOM , said that  pandemics seem ed to be an 
ever present threat and Members should never let their guard down. CARICOM  took note of the draft 
elements of the Trade and Health Initiative and w as consulting on th e matter with the capital. 
COVID -19 ha d brought the trade and health nexus into sha rp focus. The pandemic ha d exposed the 
fragility of global supply chains and ha d accelerated the search of new approaches to business and 
governance. As the communication ha d outlined in great detail, the link between trade ha d been 
clearly established. CARICOM looked forward to discussing th ose elements with proponents and 
other Members early in the new year.  
8.39.   The representative of Indonesia  noted that,  together with ASEAN members, Indonesia had 
met with some of the co -sponsors to get a better understandi ng of th e initiative. Indonesia  noted 
that the  draft elements of the initiative were mostly falling within the scope of trade in goods. While 
temporary tariff removal or reduction could assist access to essential medical products including 
vaccines and med icines, th at was  not the substantial issue that need ed to be addressed at the 
moment.  It was natural for governments to lower or have temporary tariffs for essential medical 
products to save its population. The substantial problem that governments face d during th ose 
challenging times was the lack of global solidarity in ensuring equitable, affordable and timely access 
to those essential products. Indonesia look ed forward to seeing how the draft elements could be 
improved to ensure that every WTO rule that h ad a potential impact on access to  medicines and 
essential products d uring pandemics  could be properly addressed . 
8.40.   The representative of Turkey  said that i n the relationship between trade and health, trade 
was only a tool for increasing the prosperity of th e people. Public health policies of countries should WT/GC/M/188  
 
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  not be pursued  based on commercial interests. The COVID -19 pandemic require d international 
cooperation and coordinated response and the WTO should do its part. Turkey  recogni zed the 
rationale behind the proposal and believe d in the necessity of coordinated action in combatting 
COVID -19 and securing trade flow.  Attention should be paid to avoid blurring the objective of the 
proposal . In any case, Members  should not be deprive d of policy space to address public health 
concerns . Multilateral measures  should be inclusive and should not result in excluding Members from 
international trade. Turkey  remain ed open to further discuss th e initiative  with the co -sponsors.  
8.41.   The representative of Bangladesh  associated with the statement made by the LDCs.  Public 
health became the world's top  priority due to present circumstances . To fight COVID -19, Members 
should ensur e easy and affordable access to essential medical and pharmaceuticals products 
globally. Because  of their multiple vulnerabilities , developing countries  particularly the LDCs suffer ed 
the most – and the current  pandemic ha d multiplied their sufferings. Trade w ould bring no prosperity 
if Members  failed to save humanity and human beings from th at globa l disaster. It was encouraging 
that the proponents ha d recogni zed that idea which went  beyond the existing pandemic.  Such 
proposal , if not tied up with any conditionality, w ould be truly helpful. Bangladesh look ed forward to 
engaging with Members construct ively on th e issue.  
8.42.   The representative of Chad, on behalf of the LDCs , noted that the initiative, prepared in th e 
context of the pandemic, aim ed at seeking short-term and long -term responses to better face health 
crises and enable trade in essential health products to continue. The LDC Group welcome d the 
communication positively  given  the LDCs' need to continue to have easy access to essential drugs 
and phar maceuticals to combat COVID -19. The LDCs  had the opportunity to interact with the 
proponents  which had given  rise to a constructive debate. To date, several of their capitals were still 
examining th e proposal. The LDCs would  continue the ir discussion  with the co-sponsors in the new 
year taking into account the feedback from their respective capitals . 
8.43.   The representative of the United Kingdom  strongly support ed the initiative. Keeping trade 
moving particularly trade on critical health goods was one of the mos t important ways in which the 
global trading system and the WTO c ould meaningfully respond to th e pandemic. On tariffs, the 
United Kingdom  agree d that the removal of tariffs was an essential step to reduce cost and increase 
trade in the most essential good s for tackling the COVID -19 pandemic . The United Kingdom  strongly 
support ed the Ottawa Group's call within the proposal for such tariffs to be remove d. 
8.44.   The United Kingdom's  new MFN tariffs had entered into force on 1 January 2020 following 
their departure from the European Union's customs union. As one of the world's top five importers 
and exporters of medical goods, the United Kingdom  had looked carefully at how it could use th at 
moment to help lead the way in putting th e proposal into practice. From 1 Jan uary 2021, almost all 
pharmaceuticals including vaccines and most medical devices including ventilators w ould enter the 
United Kingdom tariff -free which include d gloves, protective equipment, thermometers and other 
COVID -19 critical products. The United Ki ngdom  would also suspend all tariffs on all products on the 
WHO's list of COVID -19 critical goods and that th ose suspensions w ould be for an initial twelve -
month duration and subject to ongoing reviews.  
8.45.   On export restrictions, the United Kingdom also strongly support ed the disciplines on export 
restrictions in th e communication. The United Kingdom  had published a list of all of its export 
restrictions on its central government website and th at made clear the approach it would be taking 
to limiting its restrictions and underline d that it would be applying all the measures in th e proposal 
in a fully transparent way. The United Kingdom  looked forward to working with all Members to 
implement th e proposal and hope d that others w ould join the United Kingdom  in cutting their tariffs. 
The role of trade c ould and should play in combatting th e pandemic and in helping the world build 
back better would also be a central priority of the United Kingdom's  G-7 Presidency in 2021 . 
8.46.   The representative of Peru agree d that the pandemic require d a coordinated international 
response  which wa s key in controlling COVID -19 and returning to spurring  economic grow th. 
Multilateral principles within a predictable international framework w ould allow Members  to be better 
prepared to stand up to th at and other health cris es that could  occur in the future. The specific 
actions to be taken under the Annex of the communica tion were pertinent and could be a good 
starting point for the work that Members  needed to carry out in the coming months to respond 
appropriately to the COVID -19 pandemic and to contribute to economic and trade recovery.  WT/GC/M/188  
 
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  8.47.   The UN General Assembly  had adopted a resolution concerning a comprehensive and 
coordinated response to the COVID -19 pandemic. Peru had  supported th e initiative that look ed at 
the pandemic and its impact and how it was felt across the world and how it need ed a coordinated 
response b ased on the principles of cooperation and international solidarity – which should  involve 
international trade particularly the WTO. Peru had consistently called for any vaccine against COVID -
19 to be considered as  a global public good in keeping with the c all of the UN Secretary -General, 
the WHO Director -General and many global leaders.  
8.48.   The idea of having a vaccine available without discrimination between countries was not 
simply an altruistic aim since it w ould be the only response to the pandemic.  The fin al stage in the 
battle against th e pandemic w ould only happen when everyone in the world was  on the same level. 
Members  should  therefore make th at a reality. Peru was  currently conducting internal consultations 
to give a concrete response on the Ottawa Gro up's proposal in the coming days. Peru would be in 
contact with them to follow up on their conversations with a view to evaluating the commitments 
that could be undertaken on a multilateral stage in response to the crisis.  
8.49.   The representative of Japan  said that, i n the midst of the C OVID -19 crisis, Members ha d 
refrained from being overly inward -looking as part of their efforts to comply with various WTO 
disciplines. Members  should  ensure that they did not spare such efforts in the future. Furthermore, 
it was necessary to clarify the disciplines regarding trade restricti ve measures such as export 
restrictions  so that  the relevant supply chains c ould be maintained and reinforced to ensure that no 
Member  would  lose access to essential medical goods.  
8.50.   Japan co -sponsored the communication  since its contents  were effective not only for 
responding to the current C OVID -19 crisis but also for preparing for a new possible pandemic in the 
future. Th e proposal also serve d to highlight the WTO's role in response to th ose crises. Japan ask ed 
for support from Members for th e initiative  and hoped that a common declaration that contain ed the 
elements listed in the annex to the communication be adopted in the first quarter of 20 21, possibly 
at the next General Council  meeting . 
8.51.   The representative of Brazil  noted that t rade play ed a central role in the fight against the 
COVID -19 pandemic by contributing to the supply of resources needed by their population. The 
communication propos ed appropriate actions in times of crisis reflecting some of the best practices 
adopted to facilitate trade during the current pandemic. It cover ed topics such as compliance with 
notification obligations, streamlining of customs procedures and cooperation in standards and 
technical requirements. At the same time, the document acknowledge d that Members could  have 
different views in certain areas such as commitments to permanent tariff reductions.  
8.52.   It also recogni zed that legitimate restrictive measures could  be necessary in some 
circumstances. The actions proposed in the communication contribute d to the transparency and 
predictability of the trading system which should be in the forefront of their concerns. In th at regard, 
Brazil ha d notified more COVID -19 rel ated measures than any other Member  – with a total of 34 
notifications and almost all of them address ed trade facilitating measures.  
8.53.   The representative of Vanuatu , on behalf of the Pacific Group , said that, a s the communication 
was still being studied by t he Pacific Group members, its comments were preliminary at th at stage. 
COVID -19 was unprecedented and ha d inflicted a mounting human cost globally in addition to the 
economic cost. In response, m any Members ha d imposed vari ous trade measures to contain and 
combat the virus. As Members with no manufacturing capacity and dependent on imports, the Pacific 
Group had been expressing concerns in various WTO meetings at the threat posed by export 
restrictions on medicines, medical supplies and medical equipment and technology. Export 
restrictions could deny access to th ose essential products and could subject  them to higher prices.  
8.54.   Fortunately for the Pacific  region, infections remain ed low as the  region had taken  decisive 
action in the distribution of essential supplies through the Pacific Humanitarian Pathway in 
collaboration with regional and international partners . The Pacific Group could not however 
guarantee the same success in future health crisis  and saw  value in exploratory discussions 
particularly on some elements of the proposals relating to export restrictions and transparency. On 
export restrictions, clari fication was needed on how th ose were implemented taking into account the 
needs of import dependent countries. In addition, prompt notification of trade measures were critical 
to ensure transparency. The Pacific Group  hoped to remain engaged in th e proposa l. WT/GC/M/188  
 
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  8.55.   The representative of Mauritius , on behalf of the  African Group , appreciate d all efforts aimed 
at containing the COVID -19 pandemic and preventing  or limiting further disruptions to global 
economic activity, particularly disruptions of supply chains of e ssential medical goods critical to the 
health response.  Specific actions were however proposed relating to, among others, export 
restrictions, technical regulations, tariffs, transparenc y and the possible adoption of commitments 
relating to trade in essent ial medical goods. The African Group  had previously raised concerns about 
taking commitments on some of th ose issues particularly in the middle of a crisis  – which could be 
potentially problematic . The African Group was therefore reflecting on th e submissi on and consulting 
with capitals. The Group  would be happy to engage with co -sponsors early in the new year to have 
a better appreciation and clarity on the scope and impact of the reforms envisioned in th e initiative.  
8.56.   The representative of India noted that r ules and agreements inked for a normal s ituation, not 
keeping in mind a disaster or pandemic situation, w ould not deliver the desired and effective 
outcomes. India convey ed its disappointment on most of the contents of th e proposal  – as they only 
tried to justify existing rules which had not been made to handle a pandemic and were not 
accommodative to take on board new measures.  Members we re indeed facing turbulent times. The 
second wave was like a tsunami. Total deaths and confirmed cases were already more than 50% 
higher than what ha d been ment ioned in the present proposal . 
8.57.   With the emergence of successful vaccines, the real challenge of access and affordability for 
all ha d just begun. In the efforts towards an effective response to C OVID -19, the ultimate goal was 
not only to produce a safe and effective vaccine but also to make it affordable and accessible. That 
could happen only after billions of doses were produced affordably and made available to everyone.  
To achieve th at goal, Members should ensure that the intellectual property rights d id not restrict 
rapid scaling up of manufacturing, which alone c ould deliver vaccines and treatments to 7.8 billion 
people in the world. Th at was what its proposal for a waiver from certain provisions from TRIPS 
Agreement s ought  to achieve. Nonetheless, India would have appreciated the co -sponsors ' support 
on the Waiver Proposal which would have matched their words in letter and spirit to "deliver an 
effective global response to the crisis" through concrete action.  
8.58.   Preventing further disruptions in the supply c hains of essential medical goods, highlighted in 
the submission, was one part of the solution. The submission misse d out a very significant element 
in COVID -19 response. While it talk ed about facilitating movement of goods including medical 
products and food supplies, it was silent on facilitating movement of healthcare professionals and 
liberalising measures on that front. Negotiations on new WTO commitments in terms of movement 
of heal thcare professionals including doctors, nurses, paramedics, radiologists, surgeons, dentists  
and physiotherapists by lowering the barriers, eliminating the restrictions in qualification 
requirements and procedures, cross -border recognition of professional qualifications, harmonization 
of entry requirements  and easing the entry procedures should also be simultaneously explored, with 
the aim of concluding such negotiations by MC12.  
8.59.   Although the submission welcome d the COVAX Mechanism, in the same light, it sh ould also 
have welcomed the WHO COVID -19 Technology Access Pool (C -TAP), an initiative that encourage d 
voluntary contribution of IP, technology and data to support global sharing and scale -up of 
manufacturing and supply of COVID - 19 medical and pharmaceuti cal products. India suggest ed that 
the co -sponsors t ook concrete steps in ensuring that the pharmaceutical companies pool ed their IP 
and related know -how in the C -TAP pool.  While India encourage d the use of TRIPS flexibilities and 
the voluntary licensing i nitiatives, Members  should  recognise that they f ell short in meeting the 
massive demand of COVID -19 diagnostics, vaccines and treatments, le t alone in ensuring that they 
were affordabl e as the submission suggest ed. 
8.60.   On eliminating export restriction, with t he help of th at tool, India had ensure d equitable access 
to health care products  by suppl ying them to more than 150 countries based on mutually assessed 
needs. In the absence of th at tool, entire supply could  have been cornered by the rich and privileged 
lot. Efforts should not stop at availability but should  also sincerely work together on accessibility and 
affordability.  Export restriction w ould therefore  continue to play its role as a policy tool.  On sharing 
of experiences and cooperation with other orga nizations, India welcome d the proposal and was 
willing to discuss it further with the proponents. Any binding measure on additional transparency 
would only come in the way of successful integration of trade and health, particularly during a 
pandemic. India  was willing to engage with proponents on a comprehensive proposal including the 
suggestion given above.  WT/GC/M/188  
 
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  8.61.   The representative of Singapore  said that t he COVID -19 pandemic was a global health crisis 
that require d a coordinated global response. The WTO, as the cornerstone of the multilateral trading 
system, was well positioned to launch the Trade and Health Initiative with the primary objective of 
helping governments mitigate COVID -19's tremendous impact. It w ould help catalyse thinking of 
how the WTO w ould prepare itself better for future global health crisis  and would  also demonstrate 
that the WTO remain ed relevant and able to address real world challenges. Singapore look ed forward 
to working with all Members to g et the initiative off the ground as quickly as possible.  
8.62.   The representative of Qatar  noted that t he COVID -19 pandemic ha d had unprecedented and 
devastating effects to the global economy. Many Members ha d taken trade -related measures in 
order to safeguard a gainst the shocks that had been  instigated by the crisis. Th ose measures 
primarily include d the areas for the protection of public health and food security. While Qatar  
unders tood that some Members ha d to take necessary measures for the protection of their  people, 
in order to surpass th e crisis, Members  should  have a coordinated and multilateral response.  
8.63.   As part of the COVAX Facility, Qatar ha d supported th at effort by its members and the WHO 
to ensure that the COVID -19 vaccines w ould be accessible to all countries and to all people. Th e 
communication w ould positively contribute to the effort s in resolv ing the crisis by having the WTO 
play a larger role in addressing the  pandemic including further collaboration with other international 
organizations. As its capital carefully stud ied the initiative , Qatar  welcome d the communication and 
would continue to constructively engage with the proponents until the next G eneral Counc il meeting.  
8.64.   The representative of Cameroon  share d the views expressed by the African Group and the 
LDCs. Th at was a very good proposal and was currently being considered in the capital. Th e proposal 
require d a global approach. All Members should support it s objectives and that it should be extended 
to other health cris es threatening humanity. Members should  trade to fight th ose pandemics and 
Cameroon  was willing to fully support discussions designed to contribute to th e proposa l. That would  
bring more human ity to the discussions in the organization.  
8.65.   The representative of Israel  said that t he communication was still under review in the capital 
and the comments made t hat day were preliminary in nature. As a matter of principle, Israel believe d 
in timely and co ordinated response to global crisis and global emergencies. Israel  also believe d in 
the importance of maintaining transparency, certainty and predictability and smooth flow of trade in 
normal times and, particularly, in times global crisis. Israel  looked forward to further engaging in 
the discussions with the proponents in order to learn more about the initiative's intent and content.  
8.66.   The representative of South Africa  noted that t he analysis by the WTO show ed that Germany, 
the United States and Switzerland suppl ied 35% of medical products. China, Germany and the U nited 
States  export ed 40% of personal protective products. Breathing apparatus, including respirators and 
ventilators, were supplied by a small numbe r of Members notably, Singapore which ha d 18% market 
share, followed by the U nited States  with 16%, The Netherlands with 10% and China with 10%. 
Trade in the products to be liberali zed was concentrated among a few players.  
8.67.   South Africa  agree d with the proponents that a global health crisis require d a coordinated 
global response for the common good. The actions advanced by the proponents w ould not however 
result in equitable outcomes in the long run. As stated in the  African Group paper  in docu ment 
WT/GC/219, effective global cooperation that w ould promote  common good was one that ensure d 
that the treatment for COVID -19 was accessible and affordable to the world as a public good. The 
WTO c ould start by ensuring that IP was not a barrier to th at objective. In addition, over dependence 
of Africa on imports of medicinal and pharmaceutical products subject ed African healthcare systems 
to serious vulnerabilities, which was further exacerbated by overwhelming social and economic 
consequences of COVID -19. 
8.68.   It was evident from past experiences that while in the middle of a health crisis, the critical 
success factors were speed, sharing knowledge and know -how as well as supporting global solutions 
that were equitable, inclusive and timely. Discussions shoul d rather focus on how the WTO c ould 
promote within its mandate, equitable access and sharing of vaccines, diagnostics, therapeutics and 
other technologies and medical products so as to ensure that no one was left behind. South Africa  
reiterate d the need fo r urgent cooperation and coordination to ramp up production and promote 
local manufacturing of essential medical supplies, devices, or technologies, including diagnostics, 
medicines, and vaccines – on reasonable and affordable terms.  WT/GC/M/188  
 
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  8.69.   South Africa  was conce rned by a trade liberalization agenda in the midst of a crisis when 
many countries were grappling with the effects of the crisis that ha d exposed the strategic 
vulnerabilities of many developing countries. A one-size fits all approach was not suitable nor 
appropriate. Countries should decide what the best course of action should be based on their needs. 
In some cases, it could  require temporary use of export restrictions in accordance with WTO 
prescripts. In some, it could  necessitate reduction of tariffs while in others  it could necessitate 
increasing tariffs in areas where countries were building productive capacity.  
8.70.   If the proponents were concerned with public health, they should support the proposal for the 
TRIPS Waiver  currently discussed in the TRIPS Council. Th at was the most effective and practical 
mechanism to deal with COVID -19 expediently. The biggest constraint to combating COVID -19 was 
not trade but equitable and timely access to the vaccine and therapeutics to prevent, combat and 
treat COVID -19. Sharing of information, technologies and know -how was critical in ramping up 
production and ensure availability of medical products and vaccines to the 7.8 b illion world 
population. For th at to happen the WTO should ensure that IP w ould not be a barrier by suspending 
certain TRIPS Agreement provisions for the prevention, combating and treatment of COVID -19. 
8.71.   The representative of Pakistan  did not grasp the fundamental thrust of the proposal on several 
counts and the propos ed measures d id not directly address the core problems particularly those 
faced by most developing countries. The proposal need ed deeper reflection and perspective. Some 
elements proposed in the paper were already covered in the WTO Agreements and principl es in 
various forms such as transparency and trade facilitation. Also covered in WTO Agreements were 
some relaxations for general obligations in times of crisis and emergencies such as the one Members  
found themselves in presently. To create, on top of all  that, further obligations for reporting 
transparency, monitoring and review or taking away some available relaxations hardly d id anything 
to fight the crisis at hand. Rather, it p laced more burden on developing countries with poor capacity 
and infrastruct ure at such a difficult time. 
8.72.   Moreover, countries facing loss of lives due to domestic shortages of drugs, food, medicines 
and critical equipment need ed to be able to take any measures necessary to ensure that their large 
domestic population gain ed access to those critical supplies be they in the form of restricting exports 
for domestic availability or facilitating import procedures or any other means – the choice of which 
should only be made by the national government. As opposed to rich countries that c ould afford to 
buy products in advance even before they were manufactured, for cash-strapped developing 
countries  that did not have the finances to purchase expensive medical products from the 
international  market , it was only natural to use export restricti ons as a means to safeguard domestic 
availability. Although t he argument cut both ways , it was often the only option for some countries.  
8.73.   Pakistan  agree d with the co -sponsors when they sa id in Paragraph 4 of the paper that to meet 
the unprecedented challenges of ensuring availability of essential medical goods including vaccines 
in those turbulent times, Members  should  enhance their cooperation.  It was ironic that it came  at a 
time when a la rge number of th ose countries ha d pre-purchased before they had reached in the 
market up to multiple amounts  of doses per person of the potential vaccines. Cooperation  was 
definitely necessary. It was necessary on real issues and areas where it was most ne eded – that 
was in making sure that developing countries were able to manufacture and cater to the high 
demands of critical medical supplies. While its efforts were appreciable, the COVAX Facility remain ed 
inadequate. The problem was complicated by the mon opolistic and profit -centric  tendencies of large 
pharmaceutical companies and indications of vaccine hoarding.  
8.74.   That was why Pakistan  had co-sponsored the proposal for a limited waiver from certain TRIPS 
obligations in order to deal with real issues faced b y developing countries during the pandemic. Th at 
was probably not the best time to launch another tariff reduction or market liberalization negotiation. 
What Members needed in those times was to collect, collate and resolve their long pending issues 
and no t embark on new ones. Pakistan  was therefore not in a position to support th e proposal t hat 
day. Pakistan however  remain ed interested in real solutions that c ould address the general needs of 
developing countries during the pandemic.  
8.75.   The representative of the Kingdom of Saudi Arabia  saw value of some elements in light of 
unifying efforts to respond to the COVID -19 pandemic and to combat its health, economic and soc ial 
consequences around the world. Saudi Arabia was still reviewing th e proposal in the capital and 
looked forward for further clarity during the discussions in th at regard.  WT/GC/M/188  
 
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  8.76.   The representative of Mali support ed the statement made by the LDC Group. The impa cts of 
COVID -19 ha d been disastrous for a landlocked country such as Mali. Like most LDCs, it depend ed 
on exports and ha d been unable to export many of its products during the crisis. Many people, 
farmers in particular, ha d been plunged into extreme povert y. Many young people were forced into 
exile to try to survive during th e crisis. Mali was a cotton producer and ha d not been able to export 
cotton during the crisis.  Mali was extremely vulnerable as an economy. Even if a vaccine bec ame 
available, Mali would be unable to vaccinate  its people. Th e virus was a global challenge. It was 
going to cross borders.  And Members' response should reflect such reality . Mali did not know how 
that would be done for vaccines but it was very important to ensure immunization coverage for 
Mali's  people too whether it be through development assistance or South -South cooperation.  
8.77.   The representative of Cambodia  associate d with the statement made by the LDC s. The impact 
of COVID -19 was one of its concerns as the social and economic cost of th e crisis had led to the 
slowdown of progress to achieve its development goals and the 2030 Agenda for Sustainable 
Development. Cambodia needed to build greater resilience and work together both at national and  
international levels. While recognising the right of every Member to introduce effective measures, 
Cambodia  called on all Members to refrain from unilateral actions that c ould disrupt cross -border 
and other trade flows.  Cambodia  support ed and encourage d Members not to impose unnecessary 
export restrictions especially on medical products. Cambodia  had already sent the proposal to the 
capital and was waiting for further instruction.  
8.78.   The representative of Oman  appreciate d the meeting organi zed by the co -spons ors and the 
GCC countries. Unfortunately, Oman  could not participate in that meeting as it had coincided with 
the TRIPS Council meeting that had been  discussing the proposed TRIPS Waiver. As its  capital was 
still reflecting on the proposal of the E uropean Union  and other co -sponsors , Oman  hoped to engage 
with the E uropean Union  on the proposal early next year.  
8.79.   The representative of the European Union  thanked all Members, o n behalf of the co -sponsors, 
for their indications  and interest to engage with the m in advancing and discussing th e proposal which 
would be do ne in the new year. The purpose of th e initiative was to work together with the whole 
Membership in a multilateral, coordinated and transparent re sponse  to the global pandemic that 
they were all facing. Members  needed a global response. The actions that they had done  in the 
spring had only create d confusion and had passed very different signals to economic operators . 
8.80.   The co -sponsors  were proposing to proc eed in two stages. The first one was a set of actions 
that Members w ould agree to do on a voluntary basis to deal with the COVID -19 pandemic. Th at 
was not a market access initiative. It was not driven by market access . Trade liberalization was not 
the agen da. Equally, it should not be the time to try to reopen past agreements particularly when 
those ha d not been indicating that there were problems with them in addressing the current 
pandemic. The actions that they were proposing for the first step w ould be a set of actions that 
Members  would  politically , not legally, commit  to and that Members  could all adopt in a coordinated 
and transparent manner during the pandemic.  
8.81.   The second stage would then be built on the experience of the first stage and Members  would 
be seeking more long term permanent actions. The European Union thank ed all Members that ha d 
reacte d. The co -sponsors would  be collectively engaging with all of them in the new year with a view 
to adopting very soon a decision to put them in a better state to face the current pandemic.  
8.82.   The General Council took note  of the statements.  WT/GC/M/188  
 
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  9  PROPOSAL ON AGRICULTURE EXPORT PROHIBITIONS OR RESTRICTIONS RELATING TO 
THE WORLD FOOD PROGRAMME  
9.1  Draft General Council Decision – Communication from Albania;  Angola;  Australia;  the 
Kingdom of Bahrain;  Bangladesh;  Brunei Darussalam;  Canada;  Chile;  Colombia;  Ecuador; 
the European Union;  Grenada;  Guyana;  Iceland;  Indonesia;  Israel;  Japan; the  Republic of  
Korea;  Liechtenstein;  Malawi;  Malaysia;  Mali;  Mexico;  the Republic of Moldova;  Mongolia;  
Montenegro;  Myanmar;  New Zealand;  Norway;  Paraguay;  Peru; the  Philippines;  Qatar;  
Samoa;  the Kingdom of Saudi Arabia;  Singapore; the  Solomon Islands;  Switzerland;  the 
Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu ; Ukraine;  the United 
Arab Emirates;  the United Kingdom;  the United States;  Vanuatu and Viet Nam 
(WT/GC/W/810/R ev.2 – TN/AG/46/R ev.2) 
9.2  Communication from Singapore (WT/GC/W/811 – TN/AG/47)  
9.1.  The Chairman  recalled that the  item was  included in the agenda at the request of the delegation 
of Singapore and  comprise d a draft decision for the consideration of the General Council on 
Agriculture Export Prohibitions or Restrictions relating to the World Food Programme co -sponsored 
by a number of delegations listed in the agenda and c ould also be found in document 
WT/GC/W/810/Rev.2  – TN/AG/46/Rev.2, and a communication from Singapore circulated in 
WT/GC/W/811 – TN/AG/47  providing the backgroun d for that draft decision. He underst ood that 
since the start of  the meeting, a further revision of the draft decision ha d been circulated t hat day 
in document WT/GC/W/810/Rev.3  – TN/AG/46/Rev.3 adding a number of new co -sponsors. He 
invited  Singapore to i ntroduce the item.  
9.2.  The representative of Singapore  thank ed the 58 co -sponsors of the draft General Council 
proposal as contained in document WT/GC/810/Rev.3 including Mauritius and The Gambia which 
had indicated the ir co-sponsorship after the document had been circulated. The 58 co -sponsors 
represent ed 84 Members and account ed for more than half of the WTO Membership. More 
importantly, they represent ed a good cross -section of Members including LDCs, NFIDCs, developing 
and developed Members and covering all regions. They had also tried very hard to bring on board 
the G -90 and had been  very close to doing so. Singapore exp ressed its appreciation to the vast 
majority of G -90 members for their constructive engagement  and was hopeful that the G -90, even 
though it could not co -sponsor as a group, would support th e draft proposal.  
9.3.  Essentially, the objective of th e proposal was to support and strengthen the li fesaving work of 
the World Food Programme. Most sterling contributions  to help eradicate hunger globally ha d earned 
it the 2020 Nobel Peace Prize. Th e draft proposal was of great importance to the WFP. The co -
sponsors ha d consulted and had worked close ly with the WFP from the outset. Th e draft proposal 
enjoyed the support of  the highest level of the WFP leadership. As had been shared at the October 
Informal  TNC and Informal HODs meetings , the draft proposal w ould go a long way towards boosting 
the WFP's capability to feed the 690 million hungry people globally. If Members c ould agree not to 
impose export restrictions on food stuffs purchased on non -commercial humanitarian purposes by 
the WFP, it w ould make a huge difference and not be mere tokenism as some would allege.  
9.4.  That would also build on  the agreement reached by G20 Agr iculture Ministers in April. As the 
WFP ha d repeatedly emphasi zed to Members over the past ten years, its lifesaving work ha d been 
negatively impacted by export restrictions imposed by Members in different regions of the world. To 
provide the context of th e draft proposal, Singapore had tabled a communication contained in 
WT/GC/W/811 – TN/AG/47 to explain the WFP's procurement policy and its principle to "do no harm ". 
The objective was to give reassurance to Members that it was understood that th e draft pro posal 
would not affect their domestic food security.  
9.5.  The draft proposal was also important to the WTO. If Members c ould approve th e proposal, it 
would be the WTO's first and only multilateral agreement in 2020 and w ould signal three things to 
the world: (i ) the WTO remain ed relevant; (ii) it c ould deliver concrete actions to address COVID -
19 related issues and (iii) it c ould support the most vulnerable to achieve SDG 2 on zero hunger. 
Looking ahead, it w ould boost Members' confidence that they could find ag reement on more issues 
ahead of MC12. Hence, the co -sponsors hope d that the WTO w ould be able to end 2020 on a positive 
note by adopting th e proposal which was intended to support the WFP's lifesaving work to alleviate 
hunger around the world. As one Membe r had so eloquently put it, th at was an opportunity for  WT/GC/M/188  
 
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  Members  to choose the right side of history – keeping in mind that 9 million people die d from hunger 
each year.  
9.6.  The representative of Chad, on behalf of the LDCs, commended  the great work  that the  WFP 
did which ha d helped feed tens of millions of people around the world. Getting the Nobel Peace Prize 
was well deserved. The current health crisis sufficiently demonstrate d the essential nature of the 
WFP's activities.  The LDC Group consider ed the initiative commendable and  fully support ed it. The 
approach of th e proposal was positive and serve d as a response to the problems of famine that c ould 
affect populations around the world. Over the past decades, the management of food aid for 
humanitarian purposes ha d improved considerably notably through the practice of cash donations 
channel led through multilateral institutions such as the World Food Program me. Such practices ha d 
enabled a faster and more secure sup ply of food aid while limiting transport costs.  
9.7.  By purchasing food for food aid in local or regional markets, the WFP promote d the creation of 
local supply chains and directly benefit ted LDC farmers. The WFP ha d demonstrated its ability to 
manage food aid in an exemplary manner in particular by putting in place a set of procedures and 
guidelines ensuring that the purchase of food d id not adversely affect food security.  Regarding the 
communication itself, some Members of the LDC  Group were already co -sponsor s. Others were 
awaiting their return from their capitals to have a formal position on the proposed wording. The 
LDCs would  get back to the partners as soon as possible, either nationally or as a Group, regarding 
the draft decision. Nationally, Chad was co-sponsoring the initiative  because it was essentially 
humanitarian and welcome d the WFP's action in the fight against hunger in the world.  
9.8.  The representative of Chile support ed the initiative spearheaded by Singapore and backed by 
a large range of Members  and underscore d the important work done by the WFP . Chile thank ed 
Singapore for all the hard work that ha d gone into th at humanitarian initiative  and hoped that the 
Membership w ould reach a multilateral agreement on th e issue.  
9.9.  The representative of Malaysia  commended  Singapore for its leadership in th e initiative  that 
called on Members  not to impos e export prohibitions or restrictions on foodstuffs purchased for non -
commercial human itarian purposes by the WFP. Malaysia  recogni zed the importance of th e initiative 
in the context of the current pandemic and ha d also implemented the programme in Kuala Lumpur. 
As a sign of support, Malaysia  had registered itself as a co -sponsor to th e initiative.  
9.10.   The representative of the Republic of Korea  said that, a s a key proponent for ensuring stable 
flow of essential goods in response to COVID -19, Korea had joined as a co -sponsor of the  draft 
decision not to impose export restrictions on food purchas es for non -commercial humanitarian 
purposes by the WFP. The WFP had recently been awarded the Nobel Peace Prize for its dedication 
for humanitarian assistance to achieve zero hunger.  Export restrictions on food could however  limit 
its capacity to provid e adequate humanitarian support and undermine the credibility of the 
organization. Even FAO and the World Bank ha d raised concerns that export restrictions  could  lead 
to an increase in food procurement prices and undermine food security in NFIDCs  particularly least -
developed  ones. It was pertinent to refrain from export restrictive measures on food especially on 
food purchases for humanitarian purposes when trade flows were constrained due to COVID -19. The 
proposal w ould demonstrate that the WTO remain ed relevant and responsive to the global crisis  and 
Korea ask ed all Members to show utmost flexibilit y and adopt th e draft decision as soon as possible.  
9.11.   The represent ative of Bangladesh  associated with the statement made by the LDCs and 
commended Singapore for leading th e important initiative. Bangladesh recogni zed the critical 
humanitarian suppor t the WFP  provide d to people in need. The WFP's responses to famine aroun d 
the world was commendable. Foodstuffs strictly purchased for non -commercial humanitarian 
purposes by the WFP should therefore be unrestricted. Such a decision at the WTO w ould not bear 
food security threats to any Member. From th at ethical understanding , Bangladesh support ed and 
co-sponsor ed the proposal  and looked forward to constructively engag e with Members on th e issue.  
9.12.   The representative of Ukraine  welcome d Singapore' s presentation t hat day on the draft 
General Council Decision and thank ed all the co-sponsors. Export restrictive measures, even those, 
that c ould be justified under WTO rules, disrupt ed regional and global supply chains, reduce d 
incentives to produce agricultural commodities, trigger ed increases in prices, cause d price volatility, 
led to food shortages, and threaten ed global food security.  The impact of the current health and 
economic cris is brought about by the COVID -19 pandemic on global food security c ould not be WT/GC/M/188  
 
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  underestimated, and m any implications remain ed to be identified. The biggest negative impact th e 
crisis ha d was felt particularly by the most vulnerable population s. 
9.13.   Ukraine, as one of the significant exporters of some agricultural products contributing to global 
food security  and the achievement of the SDGs , saw the huge importance of achiev ing SDG 2 on 
zero hunger.  Ukraine  appreciate d the efforts of the U N WFP to overcome hunger and food shortages 
in the world  and improve the quality of food supply and living standards of the  most vulnerable part 
of the population in the most critical moments of their lives.  Export restrictions  however  hinder ed 
its humanitarian aid efforts. Adopting the draft decision would therefore mean  helping the WFP save  
time and money thus provid ing the possibility of helping more people and even sav ing more lives. 
Ukraine  encourage d other Members to support and co-sponsor the proposal that c ould deliver 
concrete actions to address COVID -19-related issues and help overcome hunger.  
9.14.   The representative of Uruguay  commend ed the WFP for its valuable humanitarian work on 
the food -related situation of millions of people throughout the world – resulting i n being awarded a 
Nobel Peace Prize. Policies such as the application of prohibitions or restrictions on food products 
could play an important role in the WFP's work to provid e food to those in need . Although t he volume  
of food purchased by the WFP were small compared to those traded worldwide , they ma de a huge 
difference for those people who benefit ted every year from the food aid the WFP provided. The food 
procurement policies of the WFP on markets where food was purchased and which were gathered 
by the p rinciple of "do no harm" guarantee d that there w ould be no negative impact on Members'  
food security  – and food aid contribute d to helping millions of people who suffer ed from hunger.  
9.15.   The results of the agriculture negotiations at the WTO ha d been way belo w Uruguay's 
aspirations.  Uruguay  would not however  give up on its objectives and w ould continue to insist on 
making progress on the topics of interest. In any case, the  draft decision ha d nothing to do with it. 
Although Uruguay  did not receive food aid fro m the WFP and that the proposal  would  not solve all 
the problems faced by the WFP nor those in relation to food insecurity at a global level, Uruguay ha d 
decided to co -sponsor th e initiative because  it was a tangible  contribution to what the WTO c ould do 
in favour of the WFP and its humanitarian work for those in need. Th e proposed decision  would assist 
not only the most vulnerable but would also reinforce the WTO's credibility which ha d suffered greatly  
over the year s. Uruguay  hoped that the 164 Members w ould reach an agreement on the matter  
without establishing links with  those that went beyond th at area  or looking for any last minute deals.  
9.16.   The representative of Senegal  noted that t he Strategic Plan 2019 -2023 of the  WFP in Senegal 
was aimed , among others,  at providing access to sufficient and nutritional food for the people in 
specific  areas particularly  the youth  and women. Th e Plan was in line with Senegal's sustainable 
development objectives. Senegal was therefore  in favour of lifting the obstacles including export 
restrictions that impede d the implementation of the objectives of the WFP. Senegal  encourage d 
Members to adopt th e draft decision which w ould facilitate the achievement of the WFP's objectives.  
9.17.   The representative of Paraguay  supported the  initiative because it was the right thing to do  
and thanked  Singapore for its leadership and Canada, Mexico and Brazil for their help in the 
discussions including at the technical level. Paraguay  acknowledge d the flexibility shown b y Members 
in achiev ing a compromise in favour of the WFP and its work. Paraguay  would  regret it if th at 
opportunity was lost due to a lack of consensus. Paraguay w ould not impose any export restrictions 
or prohibitions that  could negative ly impact the highly important work of the WF P. Paraguay 
encourage d Members to continue discussions to achieve a multilateral agreement and show that the 
WTO was able to achieve results and contribute positively to the efforts to end global  hunger.  
9.18.   The representative of Mongolia  support ed and co -sponsor ed the draft decision as it strongly 
believe d in the aim and the cause of the WFP which strive d to help the ones most in need. Mongolia  
thank ed Singapore for its leadership on th e matter and ca lled on Members to positively consider the 
issue of vital importance to many especially in the current situation of the pandemic.  
9.19.   The representative of Albania  said that Members  had witnessed how the COVID -19 pandemic 
was aggravating existing vulnerabilities. For months,  Members  had been discussing how trade should 
form part of the response to the health crisis  and recovery efforts . Months could  seem insignificant 
considering the usual pace of WTO work but the urgency of action t hat day was plain to see. Over 
687 million people were chronically hungry  and 270 million facing acute food insecurity in 2020 
alone . Members should therefore boost the WFP's capacity to carry out its lifesaving work w ithout WT/GC/M/188  
 
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  jeopardis ing food security. They had before them a straightforward and timely proposal and a chance 
to show that the WTO c ould deliver to the people that the WFP serve d. Although embattled, the WTO 
remained  relevant. As one of the co -sponsors, Albania invite d all Members to adopt th e proposal.  
9.20.   The rep resentative of Panama  noted that t he COVID -19 pandemic ha d taken a heavy toll on 
human lives, social support networks, and economies around the world. The situation of millions of 
people who  had already suffered from food insecurity, malnutrition and the e ffects of conflicts and 
other disasters ha d worsened. The WFP, a recipient of the Nobel Peace Prize, play ed an important 
role in the fight against hunger around the world. Each year , on average, the WFP had  fed more 
than 90 million people in more than 70 c ountries. Panama recogni zed and support ed the important 
efforts of various Members to maintain open and predictable access to agricultural and food products 
necessary for WFP program mes. The initiative w ould help minimi se the impact of the pandemic and 
help the WFP reach those vulnerable. Panama  support ed proponents on their initiative.  
9.21.   The representative of the United States  was committed to ensuring that fewer people were 
affected by hunger. The United States  could not and w ould not ignore the pressing and immediate 
needs of people who were faced with severe food insecurity and malnutrition. As a leader in relief 
efforts, the United States continue d to be the WFP 's long -standing partner and largest single donor 
over the years. So far, in 2020, the United States ha d donated more than USD 3.5 billion, 
contributing almost half of the WFP's contributions for the year . The WFP ha d continued to 
demonstrate why it was a leader in emergency response by continuing to serve more th an 138 
million people worldwide, while empowering the humanitarian and health community to respond to 
a global emergency unprecedented in global scale. While it had been  disappointed to see additional, 
unnecessary language added in the third revision,  the United States remain ed unequivocally 
committed not to impose export restrictions on WFP purchases. The United States  hoped that th e 
decision supported by the vast majority of Members  would  alleviate an unnecessary burden on the 
WFP and allow it to feed mil lions of more people and prevent unnecessary conflicts and disasters.  
9.22.   The representative of Japan  said that, a s the global community currently grapple d with the 
COVID -19 pandemic on top of ongoing hunger and conflicts, the highest number of people ever were 
suffering due to serious food insecurity. Under th ose circumstances, the WFP's role in humanitarian 
aid ha d increasingly become significant. When discuss ing the issue of the WFP and export 
restrictions, it was important to recall that the WFP, as a trusted international organization, 
implement ed its food purchases in an appropriate manner to avoid negative effects on the food 
security of the supplying nations , under the principle of "do no harm ". If Members  could reach a 
consensus on th e decision, not only w ould they contribute to facilitating the activities of the WFP but  
they would also deliver a strong message that the WTO was capable of responding appropri ately and 
rapidly to the global food security problem. The WTO should adopt th e decision as early as possible.  
9.23.   The representative of Norway  noted that t he WFP provide d critical humanitarian support for 
which they were recogni zed by having been awarded the Nobel Peace Prize in 2020 . The challenges 
facing vulnerable countries and people as a consequence of the COVID -19 pandemic ma de the 
contribution of the World Food Programme even more urgent. Norway was therefore delighted to 
support the proposal that Membe rs should not impose export prohibitions or restrictions on food 
purchased for humanitarian purposes by the World Food Programme.  
9.24.   The representative of Costa Rica  commended  Singapore for its leadership  on the matter. The 
proposal aim ed at a concrete result  which was humanitarian in nature and was therefore of systemic 
importance. Costa Rica attribute d great importance to the work of the WFP in its fight against global 
hunger. Th at was particularly relevant at a time when millions of people ha d seen their livelihoods 
affected due to the COVID -19 pandemic. Costa Rica support ed the initiative and encourage d all 
Members to do the same . 
9.25.   The representative of Turkey  noted that  conflicts and climate change had been  the main 
drivers in the current global environment of a deepening global hunger crisis. The pandemic  had 
made  the situation even worse. Undoubtedly, t he WFP ha d an important role in the fight against 
hunger as set out in SDG  2. The activities of the WFP were in line with Turkey's humanitarian foreign 
policy. Since 2017, Turkey  was the largest donor in providing humanitarian aid worldwide. Turkey  
had provided 26% of all global humanitarian aid in 2019 amounting to USD 7.6 billion. In principle, 
Turkey  agree d that humanitarian assistance operations of the WFP should not be impeded as 
highlighted in the proposal. With some changes in the text, Turkey  would be pleased to support the 
draft decision. Turkey invited Members to constructively  engage on the matter.  WT/GC/M/188  
 
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  9.26.   The representative of Afghanistan  associate d with the statement made by the LDC s and 
reaffirm ed its co-sponsorship of the dra ft decision. According to the WFP, in Afghanistan, 12.5 million 
people were identified as severely food inse cure. Since the beginning of 2019, the WFP ha d 
supported 3.5 million people in most parts of the country. The WFP provide d unconditional fortified 
and nutritionally balanced food assistance to vulnerable groups including people displaced by 
conflict, those  affected by disasters, refugees, returnees from neighbouring countries and people 
affected by food insecurity. Afghanistan  congratulate d the WFP for winning the Nobel Peace Prize 
and express ed its heartfelt appreciation to the WFP and its sponsors and its team for helping people  
in need and striving to fight hunger and for  their support  to Afghanistan in the context of the ongoing 
conflict and frequent natural disasters. Afghanistan  called upon oth er Members to lend their support 
to adopt th e draft decision  and urged them not to impose export prohibitions and restrictions on 
foodstuffs purchased for non -commercial purposes especially by the WFP.  
9.27.   The representative of Argentina  acknowledge d the impor tance of the issue. The proposal 
would assist Members  in achieving SDG 2 on zero hunger. Argentina's  position on the actual scope 
of the disciplines with regard to the prohibitions and restrictions on agricultural exports was well 
known in the CoA SS. As a n observation, Argentina  referred to Article XI of the GATT 1994 
concerning the "General Elimination of Quantitative Restrictions" and Article 12 of the Agreement on 
Agriculture concerning  the "Disciplines on Export Prohibitions and Restrictions" and note d the non -
reference of th ose two provisions as well as the adjective "quantitative" in the draft General Council 
decision. Argentina  encourage d Members to work together  to achiev e a decision on th e matter.  
9.28.   The representative of Chinese Taipei  share d the hig h value of fighting against hunger and 
saving lives  and was pleased that , together , Members could  directly contribute to th at endeavour 
through restraining export restrictions on foodstuffs purchased by the WFP for non -commercial 
humanitarian purposes. As a co-sponsor, Chinese Taipei  urged all Members to support the proposal 
and wish ed for it to be adopted as soon as possible  to save more people from hunger.  
9.29.   The representative of Ecuador  support ed previous speakers who ha d defended the draft 
decision on not imposing export restrictions on foodstuffs purchased by the WFP for non -commercial 
humanitarian purposes. 270 million people  were currently affected globa lly by lack of foodstuffs. The 
COVID -19 pandemic ha d made the situation much worse. 100 million people d epend ed on the WFP 
for foodstuffs and out of it, 17 million were children. Eradicating hunger remain ed one of the major 
challenges of the world and the WTO c ould make an important contribution to achieving th at 
objective – and it should do so. Many Members ha d expressed their support for the work of the WFP 
through th e draft proposal. Purchases of the WFP were just a tiny fra ction of world trade in foodstuffs 
and support for  the vulnerable d id not affect Members'  food s ecurity . In fact, it  support ed the right 
to food through ensuring food security for millions of people. Ecuador would  continue to work with 
all Members to try t o achieve a decision on th e matter. Humanitarian aid and the rules of global 
trade did  not contradict each other.  The priority was clearly to support humanitarian work. Members  
should overcome political divisions and ensure the responsiveness of the rules of international trade . 
9.30.   The representative of Brazil  regret ted that a multilateral outcome ha d not been reached at 
that point on export restrictions related to the WFP. Brazil had  wanted it to be for the benefit of all 
developing countries and food security worldwide especially in the midst of adverse effects of the 
COVID -19 pandemic. Brazil remained  committed to fostering food security in line with SDG 2. Brazil 
did not apply expo rt restrictions  and had  committed not to impose export restrictions on 
extraordinary taxes on food and agricultural products purchased for non -commercial humanitarian 
purposes by the WFP and other humanitarian agencies. In terms of Paragraph 7 of the Cairn s Group's 
"COVID -19 Initiative: Protecting Global Food Security through Open Trade" presented to the General 
Council earlier in the year, the lack of multilateral agreement on export restriction s for food security 
highlight ed the importance of exploring ne w formats of negotiating in agriculture including 
plurilateral negotiations at the WTO. The truth of the matter  was that the negotiating function of the 
WTO was just too important to be held hostage by staunch defenders of the status quo. Brazil 
remained  committed to the reform of the WTO  which  should be Members'  priority in entering 2021.  
9.31.   The representative of Jamaica , on behalf of the ACP, congratulate d the WFP for being awarded 
with the prestigious Nobel Peace Prize. The WFP was a key partner in the ACP's  collective objectives 
to implement the S DGs including SDG 1 and SDG 2. As with the case of the LDCs, the ACP Group 
consider ed that the approach to th e proposa l was a positive one. Some  ACP Group members we re 
co-sponsoring th e submission while others were still consulting their capitals.  WT/GC/M/188  
 
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  9.32.   On behalf of Jamaica , she noted that Jamaica value d its longstanding bilateral relationship 
with the WFP which ha d spanned the areas of food aid delivery, support of school feeding 
programmes and collaboration in the field of climate change and resilience. Jamaica's co -sponsorship 
of the submission was an extension of its bilateral partnership with the WFP, th at time, to assist the 
organization in executing its mandate. The proposal s ought  to strike the careful balance between 
the need to assist the WFP in its procurement operations on the one hand and on t he other 
accommodating the legitimate food security concerns of Members which was provided for in 
Article  XI of the GATT 1994 and Article 12 of the Agreement on Agriculture. Additionally, the WFP's 
operations were designed to bestow benefits on developing countries either as sources of supplies 
or recipients. Jamaica  was satisfied that the WFP was usually responsible in its procurement 
operations to prevent threats to national food security systems and its comprehensive set of "do not 
harm" guidelines for t he procurement was at the centre of th ose operations. Jamaica acknowledge d 
that the proposal c ame at a time when the impact of the COVID -19 pandemic, in addition to pre -
existing challenges such as conflict, climate change and natural disasters, were expect ed to have a 
major effect o n the WFP's already underfinanced operations. Jamaica  therefore urged Members to 
join in supporting th e draft decision.  
9.33.   The representative of Switzerland  said that  Members c ould improve food security at the global 
level and make an important contribution to achieving the SDGs . The proposal w ould safeguard the 
WFP's important humanitarian work from the negative impact of export prohibitions or restrictions. 
Switzerland ha d supported th e initiative from the beginning  and welcome d the overwhelming support 
indicated by Members t hat day. The draft decision was an important first step in the right direction 
and represent ed a tangible outcome which w ould positive ly impact the lives of the most vulnerable. 
Switzerland  called on Members to support the proposal – sending a clear positive  signal to the world . 
9.34.   The representative of Canada  support ed the adoption of th e draft decision as a co -sponsor. 
The co -sponsors repre sented over half of the WTO Membership and  almost all other Members ha d 
expressed support for th e initiative. The importance of the WFP had increased as a result of the 
COVID -19 pandemic. The adoption of th e decision w ould allow the W FP to undertake its im portant 
lifesaving work in a more efficient manner. Members and the WFP had highlighted the importance 
of the WFP's policy of "do no harm " when procuring food to ensure that the food security of a 
supplying Member was not put in peril. Adopting th e decisio n in no way would put in jeopardy the 
food security of any Member. Despite the best efforts from all Members and the assurances provided 
by the W FP, some Members were not prepared to adopt th e decision t hat day. Th at was regrettable. 
Members ha d worked har d to reach an acceptable compromise and address questions and concerns 
including intensively over the course of th e week. An agreement had been  within reach.  
9.35.   The representative of Colombia  co-sponsor ed the draft decision and hope d that it would  be 
adopted by the General Council as quickly as possible. The proposal  was in line with the objective of 
zero hunger – seeking to eliminate malnutrition and hunger in the world by 2030  and consistent 
with the general objectives of the W FP. In 2019, Colomb ia had supported a significant number of 
migrants in host communities through humanitarian aid  which t he WFP had contributed to through 
its innovative projects reflecting the targets set by the relevant government authorities.  
9.36.   The representative of the Kingdom of Saudi Arabia  noted that the  proposal show ed the 
importance of  collective efforts within the WTO to tackle a very serious concern for many countries 
in light of the challenges imposed by COVID -19 and other crisis. The importance of th e issue was 
not new. It had been  previously addressed by the G20 Agriculture Ministers during the Virtual G -20 
Extraordinary Meeting held on 21 April. In their statement, Ministers had reaffirmed their agreement 
not to impose export restrictions or extraordinary taxes on  food and agricultural products purchased 
for non -commercial humanitarian purposes by the World Food Programme and other humanitarian 
agencies. As a main donor to the WFP, the Kingdom of Saudi Arabia believe d that approving th e 
draft decision by the entire  Membership w ould contribute to eradicate hunger, achieve food security 
and chang e lives of millions of people for the better . The decision w ould make it faster and easier 
for the W FP to provide urgently needed assistance to countries and people in crisis.  
9.37.   The representative of Mexico  said that t he draft decision aim ed to contribute to ensure that 
the WFP's work be came  easier. Although the draft decision  would not immediately resolve the 
complex problem of global hunger, it w ould make an important contribution to the broader objective 
and w ould be a useful first step to help achieve the SDGs . The scope of the decision was clear and 
limited. It was designed to deal with the WFP's concerns in the purchasing of foodstuffs destined to  
go beyond national borders. Evidence show ed that the WFP's policies including the "do no harm " WT/GC/M/188  
 
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  principle ha d been consistent and ha d met their objectives. Mexico  had had discussions with 
Members over the past few days where concerns had been  raised about food security being affected 
as a result of the purchasing of the WFP. Mexico  thank ed those who had participated constructively 
and in good faith in th ose discussions and had showed the relevant flexibility.  
9.38.   Mexico had  opened up a forum that had allowed in terested Members to  participate in shaping 
the draft decision by addressing  their concerns  in the text . Mexico  hoped that Members c ould 
reconcile  their political and negotiating positions for the benefit of millions of people  who found 
themselves in a precarious state  – requiring the efficient use of the WFP's  limited resources in the 
form of  humanitarian assistance. It w ould be regrettable if the WTO could not act responsibly on the 
matter and take a first step however small it would  be. Mexico  called on Members to support th e 
draft decision. On process, Mexico regret ted the sharing of confidential information and working 
documents in the negotiations. Th at lack of responsibility ha d undermined trust  in the negotiations  
by not respecting the confidenti al nature of the process and by not upholding impartiality.  
9.39.   The representative of South Africa  support ed the WFP and its programmes and was 
sympathetic to the proposal presented by the co -sponsors. South Africa  support ed the need for 
Members to constructiv ely work with the WFP and , as a principle , for Members not to impose export 
prohibitions or restrictions on foodstuffs purchased for non -commercial humanitarian purposes by 
the W FP. The decision as currently drafted achieve d the requisite balance of ensuri ng support to the 
WFP while also safeguarding national food security.  
9.40.   The representative of the European Union  was ready to join consensus on th e revised draft 
decision. The European Union  had been supportive all along and w as pleased to be among the co -
sponsor. The European Union  support ed the decision simply because it was the right thing to do. 
The impressive list of co -sponsors highlight ed the unique importance of th e issue which unite d 
countries of various positions and situations.  It was a pity that d espite efforts by negotiators in the 
last days, the G -90 was still unable to co -sponsor  the draft decision . The European Union hoped that 
Members  could support th e draft decision which ultimately was in the vital interest of their 
populations  and asked  all of them  for their constructive engagement on th at timely initiative aimed 
at fighting hunger. Members  had a chance to positive ly contribut e to the lifesaving humanitarian 
work of the WFP.  There was no better time to act than now. Failure to adopt th e decision would 
again result to the WTO's failure to deliver a tangible contribution to the lifesaving humanitarian 
work of the WFP.  A positive outcome on th e proposal w ould be an important contribution by the 
WTO in fighting hunger around the wor ld and w ould signal that the WTO continue d to be relevant.  
9.41.   The representative of Indonesia  noted that t he adoption of th e proposal w ould prove that the 
WTO c ould come up with concrete action on an agriculture trade issue during the pandemic. More 
important ly, th e proposal show ed Members'  concerted effort to address food security in times of 
crisis in line with their global commitment. As a co-sponsor,  Indonesia had  encouraged other 
Members to join in supporting th at important initiative. At the same time, Indonesia reiterate d the 
importance of transparency and accountability in the implementation of the projects and purchasing 
of foodstuffs  under the WFP which should be targeted and should serve the main purpose of 
address ing hunger. Although t he WFP was an important part of the solution , in the long run, 
countries should not rely on agricultur al imports  including from non -commercial humanitarian 
purposes. Excessive reliance on th em should  not become the only option to address  the food security  
issue. By e ncouraging domestic food production capacity, countries w ould ensure their food security.  
9.42.   The representative of Cambodia  took note of the work and activities of the WFP for their food 
assistance helping almost a hundred million people in more than 80 count ries including Cambodia. 
During the COVID -19 pandemic, food assistance ha d increased in the countr ies where the WFP  
operate d. As a beneficiary, Cambodia thanked  the WFP for its work and projects that  support ed the 
Cambodian population  in maintain ing food s ecurity and nutrition a nd for its help in preparing  
Cambodia's Country Strategic Plan 2019 -2023. Cambodia always support ed the work and activities 
of the W FP and  inform ed Members that it had consulted with Singapore and had supported an 
additional point on food security which was  consistent with the WFP's "do no harm" principle to the 
supplying Members. If the additional points  would be accepted , many Members including Cambodia 
could  co-sponso r the proposal which could help  the WFP  boost its capacity to fee d more hungry 
people globally. Cambodia  support ed the proposal and could  confirm its co-sponsorship later.  
9.43.   The representative of India congratulate d the WFP  on getting its services recogni zed in the 
form of a Nobel Peace Pri ze. India thank ed all the co -sponsors  for the initiative  and other Members WT/GC/M/188  
 
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  for their effort s during th e week to arrive at a consensus text incorporating the food security aspect 
of supplying Member s which unfortunately ha d not found acceptance from the main proponents . 
India's unwavering commitment to the cause of global food security  was a clear testament to which 
side of history it was on when it came  to championing the cause of food security  – and t he WFP 
acknowledge d that. India did not need any certificate to show its  commitment to th e noble cause.  
9.44.   Speaking of  being on the right side of history with respect to access to medicines and the 
TRIPS Waiver proposal, the closest example that India could think of on a similar scale for food 
security and eliminating hunger had b een the Bali Interim Solution on Public Stockholding for Food 
Security Purposes.  That had been  a landmark and history -making milestone in the history of WTO 
negotiations with respect to food security. India hoped that the main co -sponsors of the current 
draft decision , with their avowed commitment to reaching SDG  2 and zero hunger, were as 
committe d to delivering on the clear Ministerial mandate to make the Bali Interim Solution on PSH 
into an effective and permanent solution by MC12. That would be a defining test on how history 
would judge the WTO when it c ame to delivering on food security.  
9.45.   India had always been proactive in extending food aid to the WFP and vulnerable countries in 
its immediate and extended neighbourhood in the last five decades. The WFP ha d acknowledged 
that in its latest letter dated 4 December 2020.  In 2019 alone, the WFP had s ourced approximately 
11,000 metric tons of pulses, sorghum, wheat, and rice from India to assist vulnerable populations.  
India ha d always been at the forefront of offering non -commercial, humanitarian food assistance 
bilaterally to the vulnerable populatio ns of its neighbouring countries with in -kind food donations. In 
2019, India had sent almost two million tons of wheat as bilateral assistance to Afghanistan.  
9.46.   Over the last five decades, India's  consistent actions underline d its commitment to the cause 
of food security and the work of the WFP. Th e proposal g ave a feeling that Members were trying to 
manufacture a problem to show some solution by the WTO on th e sensitive issue ignoring the overall 
aspect of food security for all.  India could  be wrong in its understanding and had a few questions for 
which  it still ha d not received substantial replies . India  had asked  whether  the W FP was currently 
facing shortages or impediments in its food procurement on account of export restrictions . India's  
deduction from va rious reports and the presentations made by the FAO and the WFP show ed that 
the WFP ha d not faced any problems in the last ten years.  
9.47.   India asked proponents whether it had  denied food aid to the WFP or whether they could 
provide details of the countries that ha d denied food aid to the WFP citing export restrictions as a 
reason.  Although India ha d never denied food aid to the WFP, it was yet to get a response on the 
action of other Members, if any.  A concrete response to th ose questions  were esse ntial for 
understanding the draft decision's objective and rationale.  India acknowledge d the immense effort 
put in by the proponents and others to stabilise the text. India was disappointed that the need for 
recognising exporting countries' food security r esponsibility towards its citizens ha d not found place 
in the proposal.  In view of the above, India needed clarification and  had sought the same from the 
proponents and was awaiting a response.  
9.48.   Since the objective was to make food  aid available to the most  vulnerable people in times of 
a crisis, India asked whether  the decision also encompass ed the provision of exports to the WFP 
from the PSH stocks of a supplying Member . That could happen in the scenario where the WFP was 
willing to tap the PSH stocks of a  supplying Member or when the supplying Member c ould part with 
some of their PSH stock s for humanitarian procurement by the WFP without jeopardi sing their own 
domestic food security. After all, food security was the final objective and it should not matter  which 
stock it was coming out of as long as the exports were for a non -commercial, humanitarian purpose.  
9.49.   Given the food security objective of the draft decision, India would like to understand whether  
the decision of not imposing export restriction  include d bilateral, non -commercial, humanitarian food 
assistance provided by a supplying country from its PSH stocks to needy countries  or regions out of 
its PSH stocks . India pose d those questions from a well -established position with its long standing 
record in the international food aid and supplies to the UN agencies – which ha d been consistent, 
immaculate and far more in magnitude than some of the proponents of th e draft dec ision. 
9.50.   India' s strong view was that a meaningful and balanced outcom e on food security as part of 
the draft decision should  include the following two essential elements:  (i) necessary safeguards that 
provide d comfort to supplying Members  that their own food security w ould not be jeopardi zed as a WT/GC/M/188  
 
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  result of the decision; and  (ii) widening the scope of food aid in the decision to include bilateral  food 
aid for humanitarian purposes from PSH stocks, along with food aid channelled through the WFP 
from PSH stocks of supplying Members.  India look ed forward to receiving clarificati ons and 
comments to its questions and suggestions from the co -sponsors and w as committed to continue 
engaging constructively with all Members on th at important matter.  
9.51.   The representative of the Republic of Moldova  recalled what it had stated at the CoA SS 
meeting  in voicing support for th e decision which urge d Members not to impose export restrictions 
on foodstuff purchase s for non -commercial humanitarian purposes by the WFP . Members could and 
should make  that contribution to help the WFP solve the difficulties hindering the achievement of 
zero hunger tackled by SDG 2. Members should stand up in solidarity for those who were helping 
and working towards the eradication of hunger and malnutrition which had unfortunately been  on 
the rise. The large geographically diverse co -sponsorship of th e initiative indicate d that it deserve d 
attention and support. Moldova  called on all Members to further consider and support th e decision 
sending a positive signal from the WTO in support of the noble cause of having a less starving world.  
9.52.   The representative of Guatemala  had carried out the necessary consultations , support ed the 
proposal and would like to be included in the list of co -sponsors. COVID -19 ha d shown how important 
food programmes were and how important it was to lift restrictions on foodstuff purchase s for non -
commercial humanitarian purposes by the WFP.  
9.53.   The representative of Tanzania  recalled that, d uring the December Informal TNC and Informal  
HODs meetings, Tanzania had  informed Me mbers that  it had  still been consulting on the proposed 
textual language . Unfortunatel y, a consensual textual language that contain ed the safeguards which 
the Government of the United Republic of Tanzania had been  seeking to achieve  could still not be 
found . Tanzania therefore  inform ed the General Council that the proposed decision was a work in 
progress that need ed further consultation s between the proponents and the concerned Members – 
which included Tanzania. Tanzania  was aware of the long standing and good working relationship 
existing between its government and the WFP. Tanzania's decision not to join the consensus was 
basically due  to the concerns it had on the shrinkage of the policy space for national food security 
and not in any way related to the WFP activities in the country. Tanzania thank ed the proponents, 
co-sponsors and other colleagues who ha d tirelessly been consulting wi th her delegation  with a view 
to finding out possible landing zones of which , at that point,  could not be attain ed. 
9.54.   The representative of Pakistan  appreciate d the stated intentions behind th e proposal. Food 
security was a topic close to its heart. Pakistan  was a net -food importing developing country with a 
very large population – the fifth biggest in the world. At a very low level of per capita income, 
Pakistan  experience d and fel t the problems of under nourishment, poverty, lack of access to food 
and medicines perhaps more than any other country. Like some other Members, Pakistan was both 
a beneficiary and  a supplier of foodstuff procured by the  WFP. During the last five year s, the WFP 
had procured almost around USD  14 million worth of foodstuff  from Pakistan . The WFP ha d also 
stated that it ha d no problems in procuring food from Pakistan. In fact, it seem ed that the WFP ha d 
not had problems in procuring food for humanitarian effort s during the last few years at all. Pakistan  
further note d that the proposal was not new. It had been  brought in 2011 and then in 2017 with 
different titles such as transparency and now in light of the pandemic. Th at raised questions about 
the appropriaten ess of the proposal at th at juncture.  
9.55.   Malnutrition, starvation and food security were issues that r an much deeper than merely food 
export restrictions. The issue of food security need ed a longer and deeper conversation to isolate its 
real causes and identi fy meaningful solutions. At the same time, when it c ame to COVID -19, it c ould 
safely be assumed that more people ha d died due to the actual disease rather than due to starvation 
brought about by a lack of food supply possibly brought about in t urn by COVID -19. Pakistan  
therefore fel t that though hunger was an important endemic issue, addressing the scarcity of 
essential medicines, medical equipment and vaccines for COVID -19 was more pressing and urgent 
and presently the obvious way of saving lives globally.  
9.56.   Pakistan  had engaged in earnest with the co -sponsors on the details of the proposal  and had 
also asked several questions and had sought clarifications to better understand how the proposal 
would operat e. Pakistan had asked detailed questions on the WFP to better understand how its 
operations ha d been and would be impacted. Pakistan  was in constant liaison with its  government 
and stakeholders at federal and sub -federal levels  and was listening to all arguments and concerns 
raised by various Members and w ould report them back again to  the capital. Pakistan  wished to WT/GC/M/188  
 
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  continue th e conversation and was ready to engage f urther. Th at conversation in no way reflect ed 
on the excellent work that the WFP ha d always been doing for the poor and hungry in th e world.  
9.57.   The representative of Vanuatu , on behalf of the Pacific Group , welcome d the recent 
establishment of the WFP office in Suva, Fiji – a testament to its commitment to the Pacific . Article  12 
of the Agreement on Agriculture allow ed Members to impose export restrictions  – which should  take 
into account the needs of import dependent Members to protect  their food security int erest. The 
WFP was not however a WTO Member and export restrictions c ould prevent the WFP from access to 
food supplies and subject the WFP purchases to higher prices. Th at would adversely affect the ability 
of the WFP to buy required quantities of food and  to provide timely supplies in times of crises. A 
draft decision which require d Members not to impose export restrictions on WFP purchases for 
humanitarian assistance w ould therefore provide certainty for the WFP not only in responding to the 
current COVID -19 pandemic but also to future crisis. The Pacific region was regularly exposed to 
destructive natural disasters such as Cyclone s Yasa and Zazu  that had struck Fiji and Tonga 
respectively – the second cyclone to strike both countries in 2020 . As beneficiaries of the WFP's 
assistance  and given the important humanitarian work that the WFP provide d the Pacific,  the Pacific 
Group  members were co-sponsoring th e proposal.  
9.58.   The representative of the United Kingdom  commend ed Singapore for coordinating on a 
decision to eliminate export restrictions for stocks purchased by the WFP to promote food security 
for those most in need. The United Kingdom referred to the co -sponsors' powerful arguments  and 
believe d that the elimination of export restrictions for the  WFP was a necessary step as an immediate 
response for the COVID -19 crisis. It was also a necessary step to demonstrate the relevance and 
responsiveness of the WTO. The United Kingdom  therefore support ed the draft decision.  
9.59.   The representative of the Philip pines  was happy to be a co -sponsor. The WFP ha d a broad 
range of activities to save and change lives with the ultimate goal of a world with zero hunger and 
more than 80 WTO  Members  benefit ed from th ose program mes in one way or another. The 
Philippines  experience d an average of 20 typhoons a year and it g ave it comfort that the WFP was 
around to lend a hand. The compassion of  the WFP was non-discriminatory. It also ensure d that the 
food security of the supplying Member was assured through its "do no harm " procurement principle. 
The Philippines  strongly encourage d Members to support the draft decision.  
9.60.   The representative of Israel  saw a lot of value in th e initiative and th at was one of the main 
reasons why it was among the first to co-sponsor  the draft dec ision. Israel  acknowledge d Singapore 
for the time and energy it  had invested in promoting th e initiative which c ould be an outcome 
highlighting the relevance of the WTO's work.  
9.61.   The representative of Fiji regard ed the work of the WFP as critical in view of the vulnerable 
nature of small economies which were disproportionately affected not only by th e COVID -19 
pandemic but more so by the ongoing crisis such as disasters and climate change. The WFP was not 
new to Fiji nor the Pacific. It was one of the interna tional organizations that establis hed an office  in 
Fiji's capital Suva as Fiji recogni zed the important role the WFP play ed in view of the unpredictable 
crisis and the vulnerability of the Pacific region. Fiji's co-sponsorship was also based on the 
knowled ge that everyone  could contribute in address ing hunger irrespective of econom ic size. The 
decision could also  show the world that the WTO was active and ha d a role in addressing SDG 2. Fiji 
thank ed Singapore for taking the lead on th e proposal and Jamaica for steering the way forward 
which almost ha d the full support of the ACP Group . Fiji associate d with the statement made by the 
Pacific Group and look ed forward to the adoption of th e proposal as a contribution to the WFP's 
humanitarian efforts. Fiji likewise  acknowledge d the sympathy expressed concerning the passing of  
Cyclone Yasa through its country affecting  95% of its population with a preliminary estimated cost 
of damages at around USD 775 mil lion. Fiji acknowledge d and thank ed New Zealand who was part 
of the first responders in the Pacific.  
9.62.   The Chairman  wished the people of Fiji very well in the recovery  from that  terrible storm  and 
extended condolences for any injuries or loss of lives that t here had been in that storm.  
9.63.   The representative of Peru commend ed Singapore for its leadership on th e proposal and 
appreciate d the work carried out by other delegations that  had taken place during the negotiations. 
Peru co -sponsor ed the draft decision because of the important work carried out by the WFP in 
addressing  the needs of a lot of people who unfortunately need ed food. In supporting the draft WT/GC/M/188  
 
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  decision, Peru had taken on board th e arguments put forward by the WFP a nd the difficult ies posed 
by export prohibitions, restrictions and limitations  on WFP purchases  and r ecogni zed the WFP's 
principle of "do no harm" in carrying out the implementation of its programmes . Peru regret ted the 
lack of consensus  and called on all Members to adopt th e draft decision to show that they c ould do 
something multilaterally and help solve global problems impacting the lives of people across  the 
globe . Peru hope d that in the future the draft decision woul d be adopted and help increase the WFP's 
capacity to respond in a more efficient way to the needs of vulnerable populations  in the world . 
9.64.   The representative of Botswana , on behalf of the  African Group , thanked  Singapore and the  
co-sponsors for their propos al and active engagement during the past couple of weeks in pursuit of 
an outcome that would positively contribute to the improvement of the status of food security. As 
had been  indicated in previous engagements, the African Group  was sympathetic to the overall 
objective being advanced by the proposal and appreciate d the noble humanitarian work of the WFP  
– the significant amount of which benefit ed members of the African Group.  Regarding the proposal 
itself, some members of the Group were already co -sponsors. Others were awaiting feedback from 
their capitals in order to formally position themselves on the proposed wording. It was important to 
acknowledge that Members  had very lim ited time to deliberate on th at very important subject and 
find a mutually acceptable way to assist the WFP in its procurement operations. The African Group  
looked forward to further engagements on th at important matter and  commit ted to engage 
constructive ly with the aim of  reaching an outcome that would strike the needed balance between 
achieving the  proposal's  noble aim and the concerns and interests of some Members.  
9.65.   The representative of Singapore  had listened very carefully to the statements that ha d been 
made. Regrettably, it seem ed that the General Council would not be able to adopt the draft proposal 
contained in  document  WT/GC/W/810/Rev.3 despite best efforts and the broad support articulated 
by the vast majority of  Members. It was a sad testament of  the WTO's inability to come together 
even for a humanitarian proposal to boost the WFP's capacity to feed the 690 million hungry people 
every day. It ha d also shown that despite what some Members proclaim ed about caring about 
humanity and questioning whic h side of history they wished to take, they just d id not care enough. 
They c ould block th e proposal but they c ould not stop Singapore  from standing in solidarity with the 
690 million hungry people who were not privileged to have a s eat at th e WTO table. Singapore  would 
continue to support the eradication of hunger and  tackle SDG 2 with concrete actions because empty 
words and questions c ould not prevent death by starvation. Singapore  would continue to support 
the WFP's humanitarian work and stand by the belief that helping people was the right thing to do. 
Singapore  looked forward to explore the possibility of issuing th e proposal as a joint statement9 with 
the co -sponsors as a concrete de monstration of their commitment to the sufferings of the hungry 
and to supporting the WFP's lifesaving work.  
9.66.   The Chairman  noted that, f rom their discussion t hat day, it was clear that many delegations 
attach ed great importance to th e issue, even more so in  those challenging times. Members  had also 
heard that some of them  still need ed time to consider the matter further. He encourage d Members 
to remain engaged with each other in the search for positive action.  
9.67.   The General Council took note  of the statements .10 
10  IMPORTANCE OF MARKET -ORIENTED CONDITIONS TO THE WORLD TRADING SYSTEM 
– JOINT STATEMENT BY BRAZIL, JAPAN, AND THE UNITED STATES 
(WT/GC/W/803/REV.1)  
10.1.   The Chairman  recalled that the i tem concern ed the Joint Statement by Brazil, Japan and the 
United States on the Importance of Market -Oriented Conditions to the World Trading System 
circulated in document WT/GC/W/803/Rev.1  and invite d the United States to take the floor.  
10.2.   The representative of the United States  said that the agenda item had been requested by t he 
United States, Brazil, and Japan to continue highlighting the importance of market -oriented 
conditions to the global trading system. As a result of their work together, Brazil, Japan, and the 
United States ha d released a joint statement circulated in document WT/GC/W/803/Rev.1.  The joint 
 
9 The Joint Statement on Agriculture Export Prohibitions or Restrictions relating to the World  Food 
Programme  is circulated in document WT/L/1109.  
10 At their request, the statement s of the delegation s of El Salvador, Myanmar, Nigeria and  Thailand are 
incorporated in the Minutes of this General Council meeting and can be found in Annex 5 of this doc ument.  WT/GC/M/188  
 
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  statement reflect ed their shared belief in one of the core principles of the WTO: that market -oriented 
conditions were fundamental to a free, fair and mutually a dvantageous world trading system. To 
that end, the Brazil -Japan -US joint statement affirm ed that Members ' enterprises should operate 
under market -oriented conditions and note d the elements that indicate d and ensure d those 
conditions for market participants . Those criteria reflect ed the market -oriented conditions and 
disciplines to which their own enterprises were subject.  
10.3.   At the last General Council meeting in October, the United States had encouraged Members 
to review th ose elements in detail to facilitate  more robust engagement on th at important issue. It 
was notable that both in the General Council and informal meetings, Members  had considerable 
agreement that th ose criteria d id promote fair trade and ha d not heard any Member assert that 
trade was fair if  market -oriented conditions were denied by a Member.  The United States  had heard 
statements from one Member dismissing market -oriented conditions as academic, questioning 
whether th ose concepts c ould ever be defined, and asking why Members  should bother to  engage 
on th e topic at the WTO. The United States  would like to address th ose criticisms directly . Those 
concepts were not new . They were not academic and they ha d been recogni zed by others as critical 
to their efforts to ensure the proper functioning of international trade.  
10.4.   To give a prominent example , steel was an area where Members ha d focused significant 
attention on the problems caused by non -market policies and practices. The United States invited 
Members to consider what the G20 and i nterested OECD members had said in the Global Forum on 
Steel Excess Capacity in particular in their 2017 report approved under the German Presidency of 
the G20.  In examining the conditions leading to excess capacity and recommending an effective 
response, those countries had considered that steel excess capacity "is a global issue which requires 
… effective policy solutions to enhance the market function. " They had considered that "the 
enhancement of market function is essential to ensure that exchanges at the national and 
international level are based on genuine competitive advantages. " 
10.5.   They had considered that "[o]pen and competitive markets and a market -driven approach to 
resource allocation based on the competitive positions of steel enterprises should b e the driving 
forces of the steel sector. New investment, production and trade flows should reflect market -based 
supply and demand conditions. " Among their key recommendations, th ose countries had concluded 
that "Members should consider the extent to which  their framework conditions and institutional 
settings ensure proper market functioning. " They had emphasi zed that "[p]articular attention should 
be given to ensure that, " inter alia, "competition law, trade and investment policies … foster a level 
playing  field for competition among companies irrespective of ownership, both domestically and 
internationally; " that "bankruptcy legislation is effective and procedures are expedited efficiently; " 
and that "the internal financial market is able to price risk and  deal with non -performing loans. " 
10.6.   Those countries had concluded, among their key recommendations, that "[a] level playing 
field should be ensured among steel enterprises of all types of ownership " and that "[a]ll enterprises 
acting in a country 's steel market should follow the same rules and regulations with economic 
implications, including bankruptcy procedures. " They had emphasi zed that "[i]n order to ensure fair 
competition and a level playing field in the steel industry, it is important that al l steel enterprises 
follow the same rules and reporting requirements. " Those conclusions and others agreed by 
numerous Members under the German G20 Presidency confirm ed a wide recognition that market -
oriented conditions were essential to solving the proble ms they faced. As the United States  saw it, 
the WTO was an appropriate place for Members to work to address th ose problems of non -market 
conditions that undermine d fair trade. To say that the WTO was not the place to discuss th ose 
concerns was really to as sert that the WTO was and should be irrelevant – and the United States  
respectfully disagree d. 
10.7.   The elements and criteria identified in the joint statement with Brazil and Japan were essential 
to ensuring that market -oriented conditions exist ed across secto rs – not just in steel – so that all 
market participants compete d on a level playing field. The United States  disagree d with those who 
would say that the importance of th ose conditions was only academic.  The example of the 
conclusions reached by G20 and in terested OECD members on the need for market -oriented 
conditions in the steel sector demonstrate d vividly that th e discussion was not academic but was 
rather at the heart of some of the most significant stresses in the international trading system. When 
a Member t ook the position that market -oriented conditions were not worth the time or concern of 
WTO Members, it sound ed as if they d id not want to provide a level playing field for other Members.  
If that was the case, then th e discussion was even more important to have. A Member who would WT/GC/M/188  
 
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  dismiss th ose concerns should explain how they could have a level playing field if some Members 
offered market -oriented conditions but others d id not. 
10.8.   If one examine d the market -oriented conditions criteria , it was clear how each contribute d to 
conditions of fair competition and trade. A review of th ose criteria also help ed to illustrate how a 
failure to meet th ose criteria was unfair.  Members should consider, f or example, a business that 
could  try selling i nto a market, only to find that its competitor was directed to sell at non -market or 
unprofitable prices , or a business that would like to expand and s ought  financing at a market rate, 
only to find that its state -backed competitor c ould obtain financing fr om another State Enterprise at 
a non -market rate. Members could also c onsider a firm that s ought  financing from the market at a 
rate to ma ke its business case only to be denied because competitors ha d access to non -market 
financing that result ed in over -investing and excess capacity.  
10.9.   Likewise, it was well known that forced technology transfer remain ed a large and growing 
concern. Th ose policies and practices also reflect ed a failure to respect market -oriented conditions 
because a forced transfer – or an out right theft – was not voluntary.  Forced technology transfer 
unfairly deprive d one actor of its intellectual property, trade secrets, know -how, or other valuable 
knowledge, and g ave them to another on non -market terms.  The United States  did not think any 
Member would try to defend cyber hacking or cyber theft to transfer technology to a domestic 
commercial actor as fair.  
10.10.   In each of th ose examples, the failure to ensure market -oriented conditions generate d a 
result that was fundamentally unfair. The United States  had not heard any Member argue d for a 
different position  and asked whether any Member  really  believe d that fair trade c ould result when 
special advantages were given to domestic entities under th ose conditions . Ensuring that market -
oriented conditions exist ed for market participants was critical to reali sing the benefits of the 
international trading system that c ame from Members' mutual commitment to th ose rules.  That 
common foundation was necessary t o ensure a level playing field for all Members.  
10.11.   As the United States  saw it, the continued relevance of the WTO w ould depend on whether 
it could deliver on the promises of a world trading system based on open, market -oriented policies. 
The success of Membe rs' reform efforts w ould depend on their ability to ensure the fundamental 
premise of free, fair and mutually advantageous trade remain ed intact.  As it kept in  mind the 
imperative to reform the WTO, the United States  would continue to welcome engagement wi th 
Members who s ought  to strengthen their collective commitment to open, market -oriented policies, 
to move closer toward th ose market -oriented conditions and to ensure a level playing field that 
benefit ed them all. 
10.12.   The representative of Brazil  noted that Brazil, Japan and the United States ha d been reaching 
out to Members to explain the objectives of th e declaration. More Members w ould join them in 
reaffirming their commitment as th at was the only way to ensure a level playing field. It was a 
reminder that the WTO had been  established to promote Member -economies' participation in a world 
trading system based on market -oriented policies and practices. Th at allowed for the correct 
functioning of international trade. Non -market oriented policies and practices led to overcapacity, 
unfair competitive conditions and distortion of international trade relations. Members  needed to 
reform the WTO based on a common set of goa ls and objectives. The WTO need ed to reaffirm it s 
foundational principles of market -oriented conditions. Members  were there to foster international 
trade as a driving force of economic growth, prosperity and development. Brazil was willing to work 
together  with all Members on th e declaration.  
10.13.   Horizontal disciplines that level led the playing field in the industrial and agricultural sectors 
were needed more than ever before. Brazil was committed to regulating government intervention 
that t ook the form of dist orting subsidies both in the industrial and in the agricultural sectors. Th at 
was an effort that was engaged on government at its highest levels. One area deserve d special 
attention – the aeronautical sector where the effects of government intervention were particularly 
harmful. New disciplines specific to the aeronautical sector c ould and should be negotiated among 
key players. It was high time for an agreement that include d effective and realistic disciplines on 
commercial aircraft manufacturing subsidies . It would restore a level playing field in th at sector by 
ensuring that competition was upheld through entrepreneurship and equality of products and not 
unduly distorted by government intervention.  WT/GC/M/188  
 
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  10.14.   The representative of Japan  said that , as a co -sponsor, Japan held the view  that the 
importance of market -oriented conditions was universal for the multilateral trading system. Japan  
emphasi zed that it was even more important for Members to reconfirm the importance of th ose 
fundamental principles in the midst of  the C OVID -19 crisis. The reconfirmation of th ose principles 
by Members was also expected to have the effect of further revitali sing various WTO reform efforts. 
Japan continue d to be ready to contribute to the discussion together with other Members.  
10.15.   The representative of Australia  welcome d the joint statement on one of the founding 
principles of th e WTO and the GATT before it. In joining the WTO, Members commit ted to an open 
trading environment underpinned by market -oriented policies as set out in the Preamble to the 
Marrakesh Declaration. Australia  expect ed all Members to honour that commitment to market -
oriented policies  which  include d allowing enterprises to make their own pur chasing decisions and 
trade to occur on the basis of market signals. Adherence to market economy policies provide d the 
basis for healthy trade between economies which was a key contributor to economic growth. 
Australia  looked forward to contributing to con structive discussions with all Members on th e initiative 
and the principle of ensuring th e WTO remain ed fit for purpose and further contribute d to liberali zing 
global trade. Australia  welcome d greater efforts to address those issues raised in the statement  
which could  not be adequately covered by existing WTO rules. At the same time, Members  should 
continue their work to find ways to further improve Member compliance with existing rules including 
those related to transparency.  
10.16.   The representative of Paraguay  noted that t he market -oriented conditions were fundamental 
for the correct functioning of the multilateral trading system. They should  be applied to all sectors 
of trade including agriculture which continue d to suffer the greatest distortion. More than tw o 
decades ha d passed since Article 20 of the Agreement on Agriculture had been  agreed upon. USD 2 
billion worth of distorting domestic support would continue to damage th e sector if Members  did not 
reduce th ose subsidies. Agriculture c ould not remain outside t heir discussion s on the matter . 
10.17.   The representative of Colombia  share d the principles mentioned in the proposal  and had 
always based its participation in international trade on them. Colombia had participated in the setting 
up of the WTO and ha d signed all the WTO Agreements that ensure d multilateral trade. On the 
indicative part of the document, Colombia  saw that Members  could extend it to other areas than 
those mentioned. All subsidies in all sectors pose d a serious risk for small and medium -sized 
countries because th ose distort ed their capacity to compete – to the  benefit of  large countries . 
Market principles and respective disciplines on subsidies were one of the fundamental reasons for 
which small and medium -sized countries were favoured by the WTO's existence. The constant quest 
to try and introduce a level playing field for subsidies – be they industrial or agricultural – was at  
the very heart of the WTO's DNA and its fundamental principles. The WTO was a forum that , beyond 
the problems that it  was currently facing , did offer tools and solutions to Members in their daily 
participation in international trade. As there was a lot that unite d them in the organization , Members 
should work together in finding concrete and progressive measures that wou ld benefit of all.  
10.18.   The representative of Mexico  was ready to discuss in an effective and constructive manner 
the different elements contained in th e proposal. It was important that the WTO contribute d to the 
better functioning of international markets. Maintaining a level playing field was even more essential 
for economies with an export sector.  As a fundamental principle of th e WTO, Members should  take 
on board th ose concerns  if they wanted to maintai n the free flow of goods and services.  
10.19.   The representative of the Russian Federation  said that the  initiative could  help build a certain 
degree of common understanding on the basic issues currently faced by the multilateral trading 
system. Members'  prelimin ary exchanges had showed that th e document should be considered as a 
political statement rather than a negotiating proposal. With that in mind, Russia had taken note of 
the proponents' views. The Russian Federation  support ed the general idea that market -oriented 
policies were important for the multilateral trading system as a whole. Therefore , its reading of so -
called market -oriented conditions went beyond the original understanding of the proponents.  Russia  
was convinced that th is concept should cover leve lling the playing field in both the industrial and the 
agricultural sectors. It was reassuring that th is understanding had been  mentioned by Brazil. 
Moreover, looking exclusively at the internal dimension of economic policies was insufficient.  
10.20.   Protectionis t trade policies such as the abuse of national security exemption and unjustified 
trade restrictions were equally important and should be reflected in th e discussion especially given 
the WTO mandate. The proponents should demonstrate their commitment to the declared principles WT/GC/M/188  
 
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  in their domestic policymaking.  Several trade policy measures enacted or planned by the United 
States such as the draft legislation authorising the establishment of State -directed funds and 
institutions to foster their national production of semi -conductors evidently deviate d from market -
oriented principles. None of the current WTO provisions had imposed clear benchmarks on Members 
regarding internal economic governance unless certain measures directly affect ed trade. The 
discussion on market -oriented conditions should maintain the pluralism of national systems of 
economic governance. Russia thank ed the proponents for their readiness to  launch a constructive 
dialogue  and looked forward to tak ing part on it . 
10.21.   The representative of India recalled its earlier statements on the matter. India  had strived 
to pursue pro -market, pro -competition and transparent policies. Sometimes , state intervent ions ha d 
been warranted to address market failures given the significant need to pursue pro -poor, pro -
welfare, and pro -equity policies to bring millions  of people out of poverty. While doing so, India ha d 
been mindful of the need to achieve a fair balance between the market and state interventions.  India 
celebrate d openness in people and in governance. Open minds ma de open markets. Open markets 
led to greater prosperity. India share d those principles with many of its  partners including the 
proponents of th e statement.  During the last six years, the G overnment of India had made many 
efforts to make  the Indian economy more open and reform -oriented.  Those reforms ha d ensured 
increased competitiveness, enhanced transparency, expanded digitization and more policy  stability.  
10.22.   As a founding Member of the WTO, India believe d that the WTO's objective was promoting 
sustainable development  "in a manner consistent with the needs and respective levels of economic 
development " of its Members. The focus of the WTO, in that regard, was to facilitate trade for  the 
welfare and development which would  benefit all Members. India appreciate d the discussions so far 
on the proposal at the General Council. The joint statement was still being exam ined by its capital 
in consultation with all stakeholders . India would therefore  offer its detailed comments on the 
proposal in due course.  
10.23.   The representative of South Africa  recall ed the statements it had made in previous 
discussions on th e issue. While a greeing with the importance of promoting market -oriented policies  
as a principle , South Africa  reiterate d that most if not all Members ha d mixed economies and had 
intervene d in the economy to achieve a developmental mandate. The statement recogni zed the right 
and ability of Members to regulate for public interest and in promoting the ir people's  welfare . There 
was however no common understanding on what was meant by market -oriented conditions and by 
"no significant government interference ". Clarification of those issues w ould be critical to further  the 
common understanding of how th e submission would impact  current state practices including the 
massive financial stimulus packages announced and implemented by some of the co -sponsors. South 
Africa asked whether  "no significant government interference " exclude d stimulus packages . 
10.24.   Regulations were a major way in  which a government influence d the functioning of a market 
economy to achieve public policy outcomes, ensure fair and mutually advantageous outcomes and 
level the playing field. The 2008 financial crisis and the ensuing economic downturn starkly illustrate d 
the potential consequences of regulatory failures. Regulations were therefore indispensable to the 
proper function ing of economies and societies.  While the role of the market was important, 
government policies were required not only to address market fai lures but to also achieve 
development objectives. Th at was clearly seen in the context of COVID -19 where many governments 
had stepped in to support businesses as well as give direction, incentives and subsidies regarding 
production decisions.  
10.25.   In some cases , governments had to step in and direct companies to produce much needed 
equipment such as ventilators. Some governments also ha d laws that g ave them authority to control 
the allocation of supplies as well as order manufacturers to boost production. South Africa asked 
whether that would be seen as contradicting the clause entailed in the proposal that  "decisions of 
enterprises on investment are freely determined and made in response to market signal s". COVID -
19 was not likely to be the only crisis . The ques tion Members  should  ask themselves was whether 
the proposal w ould not foreclose the opportunity for governments to intervene appropriately in the 
future  and w hether th at was not risking narrowly defining the role of the g overnment in a manner 
that w ould constrain its ability to conduct strategic industrial and technological policymaking to 
promote inclusive growth and development.  
10.26.   There was a delicate balance for governments in determining how best to intervene in the 
economy . The circumstances differ ed from country to country and were based on the specific WT/GC/M/188  
 
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  dynamics of each economy. A one -size fits all approach was therefore not advisable. South Africa 
faced specific challenges which c ame as a result of its apartheid past which emphasi zed the need 
for a developmental State. Government 's role was therefore critical to address not only market 
failure but also the legacy of apartheid which manifest ed itself in  the lack of skills and education of 
their people, rising inequality, poverty and unemployment. The State ha d an essential role in 
harnessing national resources and directing incentives through a distinctive policymaking process. 
The developmental state was critical to ensure alignment between the State and the functioning of 
the market while preserving sufficient distance for the renegotiation of goals and policies when 
capital interests were inconsistent with national development.  
10.27.   The WTO consist ed of diverse Members  with different levels of development, national 
challenges and development priorities. I ts contribution was important, distinct and clearly defined. 
It provide d a legal framework for the conduct of international trade, a more effective and reliable 
dispute settlement mechanism and a forum for negotiations. The WTO had never  been 
conceptuali zed as a forum that w ould define nor change economic models of Members. In view of 
the peculiar challenges facing each Member , the WTO should not attempt to define the economic 
model that they should follow. Th at was not its role nor an area it should ventur e into.  
10.28.   The representative of Chinese Taipei  share d the view that the WTO was established to uphold 
the rules -based global trading system to provide fair and freer trading environment and to ensure a 
level playing which respect ed market forces as the key d eterminant for enterprise and business 
decisions. Undesirable market distorting trade practices could lead to disrupting market -oriented 
conditions and business operations and make the multilateral trading system vulnerable and 
irrelevant. Chinese Taipei  welcome d Members working together to renew and modernise the existing 
disciplines in th at regard and look ed forward to learning from the proponents as to exactly how they 
intend ed to strengthen the disciplines. Chinese Taipei remain ed ready to engage constructively on 
the subject as the discussion move d forward.  
10.29.   The representative of the European Union  noted that  market -oriented conditions were 
central to allowing a level  playing field. The E uropean Union  had repeatedly expressed its c oncerns 
with non -market  oriented policies and practices that ha d resulted in distortions to the world trading 
system. The role of the WTO – and therefore the role of all Members  – was to ensure that there 
were effective rules in place to eliminate th ose distortions and to ensure a level -playing field. There 
were clearly gaps in the WTO rulebook that d id not enable them to do so. Th ose gaps should be 
addressed through the negotiation of new or updated rules to address the issues raised in the 
statement of th e United States  and co-sponsors. The European Union  looked forward to discussing, 
in the coming months, how the rulebook could  be supplemented and to work towards a negotiation 
of new rules to fill the gaps.  
10.30.   The representative of Indonesia , intervening und er Items 10, 11 and 12, said that t he 
proposal put forward reflect ed Members' desire to make the WTO more relevant in facing future 
challenges and strengthening the multilateral trading system. Indonesia d id not reject the 
proposition that the nature of in ternational trade should focus on market orientation. When 
discuss ing the strengthening of the multilateral trading system, Members  would also directly 
deliberate on the effort to strengthen the market. Since Members ha d different levels of economic 
development, they should  however  consider many variables in addition to GDP such as  property 
index, technological imbalance, socio -economic inequality, human development and other relevant 
dimensions. Th ose elements were of pa ramount importance to provide a balanced perspective on 
Members' conditions and challenges when discuss ing the objectives of international trade.  
10.31.   The Marrakesh Agreement recogni zed that trade itself was not the final objective of the WTO. 
It had acknowledg ed the development dimension as stated in its Preamble to reflect the noble 
balance between market interest and the development dimension. Indonesia  acknowledge d the 
contributions of the WTO to the economic development of its Members since its establishmen t. While  
development br ought  socio-economic changes and enable d Members to have a bigger share in global 
economic trade, there were still a divide among Members that the WTO still  needed to address. 
COVID -19 ha d exacerbated th at disparity. The pandemic had disproportionately affected developing 
and LDC Members who were unable to provide sufficient socio -economic safety net for their people . 
10.32.   With vaccine rollouts already taking  place in major high income Members , the middle and 
low income developing countrie s were left behind – suffer ing indefinitely from lack of  access to 
essential medicine s including vaccines. It was unfortunate that while the normal objectives of the WT/GC/M/188  
 
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  WTO were, among others, expanding the production of and trade in goods and services, some 
Members  believe d that market -oriented polic ies which could  block the scale of production of much 
needed vaccines was acceptable during the global health crisis. Th ose conditions show ed that even 
though some developing Members had benefitted from trade sinc e the establishment  of the WTO 
and had become large economies, challenges and vulnerabilities to their economies still exist ed. 
10.33.   Members should  ensure a balance between market mechanism and economic intervention. 
They could not leave the entire economic mechanism only to the market. Governments sometimes 
needed to regulate the market to prevent market unfairness and gaps  as well as  possible econo mic 
downfall particularly during a crisis.  S&DT for developing and LDC Members was still very much 
relevant to be integrated to the future of WTO instruments. The d evelopment dimension  reflected in  
S&DT balance d the market dimension in trade. What  Members needed was a balanced picture of 
future WTO rules that reflect ed the interest of all. Indonesia  looked forward to the  future 
deliberation s of those three agenda items.  
10.34.   The representative of Canada  fully support ed the principle that the multilateral trading  
system should be based on open and market -oriented policies  and remain ed open to engaging with 
all Members in th at regard including on discussions that could eventually lead to new or improved 
WTO disciplines.  
10.35.   The representative of Nigeria  noted that, although the Nigerian  economy was private sector 
driven with government as enabler, Nigeria  was still grappling with the meaning of the term "market -
oriented conditions",  as well as the scope and objectives of th e proposal. Nigeria was  interested in 
knowing the likely effects of the proponents' preferred WTO decision on th e issue on its economy. 
Nigeria  had raised th ose questions at the previous General Council meeting and it w ould be helpful 
if the proponents w ould clarify and provide answers to the m. Nigeria  remain ed open for further 
constructive engagement.  
10.36.   The representative of China  said that, as a Chinese saying went,  "not even mountains can 
stop the river from flowing into the sea. " In the relationship between  market and government, 
market obviously ha d the decisive power. Th at wa s common sense. What Members  needed to discuss 
was who  in today 's world  was actually going against common sense , who was undermining the 
common rules of the international market such a s the MFN  principle , who was artificially altering and 
impeding the international flow of production factors and who was bringing the WTO back to the 
ages of "might is right ". The United States had  mentioned recommendations contained in the report 
of the Global Forum on Steel Excess Capacity . The question  that immediately c ame to mind was who 
was taking measures in the name of national security to distort normal trade in the steel sector . If 
Members  could not have a clear answer to th ose questions and if they could n ot take effective 
measures to undo the damages and prevent future disruptions to the system,  empty talks about 
market orientation was nothing but a quixotic quest that would lead them  nowhere.  
10.37.   The United States  had noted  in the July General Council meeting  that what it was  concerned 
with was ensuring fair competition and a level playing field , not interfering with the ability to govern. 
China had  serious doubts about th at statement. The market -oriented conditions  in the US pr oposal 
was nothing new.  It was an extension of the non -market economy  standard in countervailing 
investigations under the US domestic law.  Through th ose domestic standards, the U nited States  had 
high-handedly judged the economies of other countries and the  extensive application of th at 
standard had led to the arbitrary decision on using the "surrogate countries " data. Th ose unilateral 
actions ha d made a lot of companies both from China and other developing Members suffer from 
unjust duties, affecting millio ns of jobs. Those standards were utterly incompatible with the non -
discrimination principle of the multilateral trade system.  
10.38.   The same was in the countervailing investigations. For example,  a small company in a 
remote village of Shanxi province produce d cast iron sewage pipes. They had completely no idea 
why in July 2018, their company had been  placed on the list of enterprises under  countervailing 
investigation by the U nited States . The determined countervailing rate  had amounted to 34.87%.  
China had a loo k at how the investigation had arrived at such an erroneous conclusion. First, it had 
been determined that since there  were state-owned enterprises in China, there should  be market 
distortion in production factors in China. Second, based on the first assumption, the countervailing 
rate had been  calculated using the prices in the third country market, while completely ignoring the 
real market prices in China.  WT/GC/M/188  
 
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  10.39.   According to t hat reasoning, the company had received various kinds of subsidies, including 
on purchases of iron ore, scrap iron, coke, electricity and even on interest rates of loans  – where in 
fact the company had received none of th ose so-called subsidies. The suppor t it had received from 
the government, if any,  was only 0.12%. There  were many more examples of such distortions of 
using the United States'  own standards to inflate the subsidies of other countries which c ould be 
found in the studies by Professor Simon Ev enett from St. Gallen University.  The term  market -
oriented conditions could  sound completely harmless. However, not all that was wrapped in gold 
paper was chocolate. His chef like d to pick mushrooms on his weekend  walks and ha d developed 
quite a bit of kno wledge of mushrooms.  He told him, "beware of the brightly coloured ones, they  are 
most likely to be poisonous. " 
10.40.   The representative of Pakistan  noted that th e item ha d yet again been brought to the General 
Council after several previous debates. Governments  in developed and developing countries alike 
took decisions in the interest of the welfare of the people  on a daily basis  identifying welfare the way 
they s aw fit in their national objectives. Th ose decisions were driven foremost by aims of protecting 
lives and health of citizens, safeguarding livelihoods and protecting food supplies, farms and farmers 
and preventing environmental degradation and taking green initiatives. Many countries t ook more 
decisions in order to fund and support critical research and development such as in the development 
of COVID -19 related medicines or to kick start and protect infant industries to bail out too big to fail 
companies to keep up the support for businesses in financial and other crises.  
10.41.   Those policies and decisions were necessary at various times because if left to the free 
market, the situation would only lead to chaos and generate crises. The market was a human 
construct – not a natural, divine or arbitrary occurrence. It was embedded in and bounded by the 
social, political, cultural and historical fabric of each society differently. It was also as fallible as any 
other human endeavour and should  be reg ulated in order to meet stated objectives. Members  could 
neither wish away government intervention nor c ould they wish for perfect markets. If they chose 
to deny the history of industrialization and economic development, the current pandemic confronting 
them was a stark reminder of th at fact. 
10.42.   Perhaps never before in recent history ha d government debt as a percentage of GDP in most 
developed and so -called market -oriented countries been as high as it ha d been for the past few 
years. Th at provide d some indicat ion that government intervention continue d to take lead in all 
advanced countries even now. Pakistan  therefore maintain ed that the WTO should not engage itself 
in choosing any particular model for uprunning economies. Each Member ha d to make decisions 
based on one's own domestic realities, requirements, development trajectory and methods of 
policymaking and should  be allowed to do so. Any inclusive approach embracing diversity would be 
more useful than imposing a one size fits all approach on Members. Like -mindedness and uniformity 
were attribute s of robots – not humans.  
10.43.   The representative of Israel  underst ood the importance of ensuring market -oriented 
conditions within the global trading system to maintain fair and honest opportunity for all the players 
that took part in international business and international trade. Th at was not however the only 
fundamental principle.  Others went hand and hand with it such as non -discrimination, fairness and 
transparency. All of the m formed the WTO's bedrock. Israel strong ly supported  those principles and 
its economy lean ed heavily towards pro -market, pro -competition and non -discrimination approach 
with fair and transparent policies.  Each Member ha d its own rules, systems and priorities  and not all 
of them  started from the same place. But respecting the WTO's core principles of the WTO was key 
to ensuring a level playing field. Israel also recogni zed that no economy in the world was completely 
free of state intervention , for example, s tate intervention due to publi c safety and health as it ha d 
been the case during the COVID -19 outbreak. There were more examples in which governments of  
Members in all stages of economic development intervene d in the markets. In the cases where state 
intervention was necessary, it shou ld however be done in accordance with the WTO rules and 
principles. Israel was ready and look ed forward to engaging in further discussion s on the matter.  
10.44.   The representative of the United Kingdom  said that t he WTO Agreements were based on the 
importance of market -oriented conditions to the world trading system. As had been previously 
underlined, unfair trading practices r an contrary to the commitments made by all Members. Th ose 
practices stifle d technological advancement and allow ed the proliferation of unco mpetitive 
companies to the detriment of consumers globally. The United Kingdom support ed the need for 
progress on issues such as industrial subsidies, state -owned enterprises and forced technology 
transfer. It was also in everyone's interest that they reduced WTO non -compliant protectionist WT/GC/M/188  
 
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  measures. The United Kingdom w ould continue to push for fair competition by ensuring all Members 
upheld their commitments as enshrined in the agreements. The United Kingdom thank ed the United 
States, Japan and Brazil for  bring th e issue to the attention of the General Council.  
10.45.   The representative of the United States  thank ed everyone for their very interesting 
interventions. On another subject, the United States  inform ed colleagues that it would  be circulating 
a draft Ministerial Decision entitled "Advancing Sustainability Goals through Trade Rules to level the 
playing field" .11 The United States  looked forward to submitting th at proposal for consideration 
during the upcoming Structured Discussio ns on Trade and Sustainability. The draft Ministerial 
Conference Decision aim ed to reinforce its view that failure to adopt, maintain, implement and 
effectively enforce laws and regulations that ensure d environmental protection at or above a 
threshold of f undamental standards constitute d an actionable subsidy under the Agreement on 
Subsidies and Countervailing Measures.  
10.46.   The General Council took note  of the statements.  
11  PROCEDURES TO STRENGTHEN THE NEGOTIATING FUNCTION OF THE WTO – 
STATEMENT BY THE UNITED STA TES (WT/GC/W/757/REV.1 AND WT/GC/W/764/REV.1)  
11.1.   The Chairman  recalled that  the item was included in the agenda by the delegation  of the 
United States  with the document WT/GC/W/757/Rev.1 and the revised communication in document 
WT/GC/W/764/Rev.1  and invite d the United States to take the floor.  
11.2.   The representative of the United States  was pleased to continue the discussion of th at 
important reform initiative. The pandemic ha d not permitted Members  to have the kind of 
engagement among themselves  in 2020 th at wa s needed to advance th at reform. The United States  
looked forward to better days ahead and to returning to substantive discussions on its proposal in 
2021. The issue at the heart of th at reform effort  – the lack of differentiation among self-declared 
developing country Members  – had undermined the negotiating arm of the WTO for years, and it 
would continue to do so until Members address ed a practice that was grossly unfair to the poorest, 
least-integrated Members of th e institution.  
11.3.   The U nited States was  encouraged by the progress of its S&DT reform initiative to date. Prior 
to the US analytic paper that  had started the  discussion s in early 2019, an open discussion of th at 
problem had been  taboo in Geneva. It was true that Members from acr oss the development spectrum 
thought that the lack of differentiation in the WTO had already been a problem many years ago. One 
relatively poor Member had cited the lack of differentiation as a major cause of the failure of the 
Doha Round. But no one had dared to speak about th at problem or about how to solve it with the 
microphones on. That ha d changed. As a result of that change, Members  were seeing the green 
shoots of reform.  
11.4.   The United States'  analysis of the differentiation problem and its conviction t hat the WTO 
urgently need ed to adapt to a changed reality  had gained traction with a wide swath of the 
Membership. Members had started  to take action on their own initiative  stating they would not seek 
S&DT in current and future negotiations. To its ears, they had shared a common goal – to help 
improve the negotiating function of the WTO so that Members c ould undertake and conclude 
meaningful trade negotiations at the WTO . For its part, the United States was clear-eyed about the 
challenges to advancing th at important reform  and about the challenges of failing to reform.  
11.5.   At the start of the conversation on S&D T reform in February 2019, the United States had  said 
that the WTO face d a choice – reform or irrelevance. That remain ed true. But irrelevance would not 
be an endpoint.  The resulting vacuum would not go unfilled. Already, the United States saw  other 
forces taking shape in the international system  and was profoundly concerned – the foundations and 
scaffolding for a system based on priv ileges, not rights; power, not rules and predation, not 
reciprocity. The United States  wished for a different future  and would work hard with any Member, 
rich or poor, to achieve it.  
 
11 The communication containing the said draft Ministerial Decision was subsequently circulated in 
document WT/GC/W/814.  WT/GC/M/188  
 
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  11.6.   The representative of Botswana , on behalf of the  African Group , continue d not to accept the 
use of a pre -defined criterion for eligibility to access S&DT  provisions in the WTO.  Without recalling 
all the elements of its previous statement, the Africa n Group reiterate d that it was the prerogative 
of a Member to determine their de velopment status in the WTO and as such any decision to opt out 
of S&DT  flexibilities remain ed the voluntary decision of a Member who chose to do so. The African 
Group recall ed the joint statement it had  submitted together with some developing and LDC 
Memb ers contained in document WT/GC/202/Rev.1.  
11.7.   The representative of China  recalled that, after the debate on the US proposal at the last 
General Council  meeting , a senior Secretariat officer had approached him and said half -jokingly and 
half with sympathy , "This kind of debate is really a test of diplomats ' patience. " According to his 
understanding,  to put th at in a less diplomatic way, it mean t "Why do you guys keep fighting 
endlessly over something that is  result less? That's enough." He  completely unders tood how he had 
felt and he had to confess that his patience normally went to ladies and children. However, it was 
not within his capacity to stop the United States  from coming back to its proposal. He recall ed that 
previously he had quoted the Rules of Procedure of the General Council that Members should refrain 
from repeatedly raising the same issue. Evidently,  it had not work ed. Since th e proposal con cerned 
China, he had no choice but to make another response  and hoped for Members'  indulgence.  
11.8.   To make sure that it d id not get on the nerves of  the senior  Secretariat  officer , he would not 
repeat what he had said in the past nor swarm Members with data and facts. He would simply share  
a story  which pertain ed to what  the United States had said in the previous meeting  that the more 
economically advanced of th ose countries were clearly capable of negotiating the flexibilities they 
needed rather th an availing themselves of blanket S&D T. The time was 7 June 2001. In the evening, 
by the Huangpu River in Shanghai, the APEC Trade Ministers were gathered at the Shanghai 
International Convention Centre for the APEC Trade Ministers Meeting.  
11.9.   It had soon been noticed that both  the Chinese Trade Minister , Mr. Shi Guangsheng and the 
US Trade Representative Robert Zoellick ha d disappeared from the meeting. One could ask, " Where 
did they go? " The answer was in a small meeting room nearby . The two had been  having a long 
debate over the last remaining issue in China' s accession to the WTO  – China' s agricultural subsidies.  
The US side had insisted that China should make a  commitment at the level of developed countries  
which was  5% of the total value of production. China, on the other hand, had insisted at 10% which 
was the level of developing countries. He had been  in that room, assisting his Trade Minister.  
11.10.   Both sides had strong arguments and had refused to compromise. After a long debate, USTR  
Zoellick had proposed 7.5%  saying that it was the mid -point between the levels of developed and 
developing countries which was 5% and 10% respectively and a mid -point should be an acceptable 
outcome in any negotiation. M inister  Shi nevertheless had not accept ed the mid-point approach  
noting that,  "any deviation from 10%, however small, is a compromise on the part of China. And for 
the sake of reaching an agreement and as a response to the flexibility sho wn by the U nited States , 
China is prepared to accept 9%. " 
11.11.   The reason why the U nited States  had been  willing to go up from 5% to 7.5% had largely 
been because of a joint communiqu é issued on  13 March 1995 between then Chinese Minister of 
Foreign Trade Madam e Wu Yi and US Trade Representative Mickey Kantor. In Paragraph 7, the 
communiqu é read, "The United States and China will pursue China' s WTO accession talks on a 
flexible, pragmatic basis and agree to address realistically the issue of China' s developing c ountry 
status on the basis of the Uruguay Round Agreement. " The sentence had been  a result of a long and 
difficult negotiation in which he had personally participated and the communiqu é had  formed the 
fundamental policy basis for China and the U nited State s to reach the agreement on China' s 
accession to the WTO.  
11.12.   Because of th e communiqu é, back in that meeting room by the Huangpu River, even though 
both sides had been  locked in on their own numbers, none of them had brought up the issue of 
whether China was a developing country or if China should enjoy special and differential treatment.  
"Our recognition of China' s developing country status was already a big step forward ", USTR  Zoellick 
said as he had insisted that 9% had been  too high because , at that time, China only had limited 
subsidies in agriculture. "How much subsidies we give to farmers is a matter of our capacities. 
Whether or not we can do that is a matter of our right ", Minister Shi replied determinedly.  WT/GC/M/188  
 
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  11.13.   That had been  followed by sile nce from both sides. The meeting had been  temporarily 
adjourned. Phone calls had been  made from Shanghai to Washington while the drowsy -eyed 
delegates had had minutes of sleep on the couches outside of the meeting room . Soon, the meeting 
had been  resumed. The United States had raised its offer from 7.5% to 8% . China had responded 
by going down from 9% to 8.5%. No side had been  willing to move further so the meeting had been  
again adjourned  then resumed  then more phone calls  and more debate s had ensued. To cut the 
story short , by dawn of the next day, when the sky had been  showing pale blue, and the boats had 
started shuffling on the Huangpu River, the two sides had agreed on 8.5%  and the deal had been  
concluded.  
11.14.   Looking back at that night -to-dawn negotiation , people could ask what  difference d id 1% 
make  to which he responded about USD 20 billion of additional subsidies to Chinese farmers.  That 
could  seem like a large number but spread over 200 million farmers in China,  each farmer could  
receive only about  USD 100 dollars over the course of a year.  That was not a big win. But one thing  
was clear. Without that persistence in the final stage of negotiation s, without the 1995 communiqu é 
that had committed to address realistically the issue of China' s developing co untry status and 
treatments, it would have been impossible for China to get th at precious 1%, and perhaps even 
securing 7.5% would have been difficult. As seen from the deals of other developing countries that 
had joined the WTO after China' s accession, wi thout a warranty on their developing country status, 
they had to accept 5%.  
11.15.   The story should have ended  there  but it had not. As foreseen at the time of the negotiation, 
China' s industrialization had accelerated after its accession to the WTO  and the price of agricultural 
capital goods had increased rapidly.  The policy  space that China had gained in that night -to-dawn 
negotiation was becoming short of meeting the demand.  What ma de things worse was that in 
February and Apri l 2019, China had  lost two cases on agriculture at the WTO. He personally  
disagree d with the decision of the panel on "Quantity of Eligible Production (QEP) " which use d annual 
aggregate production instead of actual amount of procurement as the basis for ca lculating subsidies.  
11.16.   Apparently , the panel members had not ha d a thorough understanding of China' s 
procurement system  which had led them to the wrong conclusions. Nevertheless, China  had accepted 
the ruling and ha d made adjustments within the prescribed ti meframe because respecting the 
dispute settlement system was one of the obligations Members should undertake. Th at mean t an 
inflated denominator for China' s agricultural domestic support – further squeezing the space for the 
support that the government c ould provide to its farmers. Almost 100 million wheat and rice farmers 
would be affected by the relevant policy adjustments who were among th ose who  most needed the 
government support for their livelihood.  
11.17.   History was never far from them. Even today, he could still recall the neon light reflections 
on that night along Huangpu River from the Convention Centre. What he had  learned from th e story 
was that for many developing countries, the so -called "blanket special and differential treatment " 
was nothing but a  beautiful promise. To win real and meaningful S&D T in the negotiations, they 
needed to rely on the institutional rights endowed to them by the Uruguay Round agreement and 
their WTO accession agreements. Th ose institutional rights were irreplaceable and they could not 
hope that articulate negotiations or sympathetic counterparts c ould provide the same level of 
flexibilities.  
11.18.   The representative of India referred to the submission  in document  WT/GC/W/765 by India 
and co-sponsors  where they had dealt with most  of the issues raised by the U nited States  in its 
paper  and had underlin ed that S&DT was a treaty -embedded right at the WTO, an entitlement which 
developing countries ha d paid for and that it c ould not be taken away from them based on certain 
arbitrary ass umptions  – certainly not through creative interpretations of the basis of G20 
membership. Continuing with such a narrative on differentiation would only widen the trust deficit 
among Members.  The basis of S&D T was to give Members flexibility to integrate i nto the rules -based 
system.  Members with huge differences in economic and social development c ould not be put in the 
same category. For instance, to put a country in the same development category with another 
country with about 25 times higher per capita G DP would be blatantly unfair. Moreover, recent 
studies highlight ed that the gap that had existed between developed and developing countries in 
the 1990s  had actually widened and new gaps in the form of digital divide ha d emerged.  
11.19.   The COVID -19 pandemic ha d disproportionately impacted developing countries and LDCs 
with large populations. Many of them were experiencing their worst economic setback since the WT/GC/M/188  
 
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  1930s. In view of the uneven impact of the ongoing pandemic, S&DT  became all the more relevant 
now than ever before.  India was therefore firm in its conviction that S&DT need ed to be part of any 
current and future negotiations in  the WTO. India could not also agree to a case -by-case approach 
for the same  reason . It was high time for the developed country Members to consider foregoing 
flexibilities available to them under various existing WTO Agreements and Decisions including AMS 
and green -box subsidies, Sp ecial Safeguard Mechanism and flexibilities under the Nairobi Decision 
on Export Competition providing them with substantial reverse S&D T. 
11.20.   Those subsidies were generally not available to developing countries and in fact badly hurt 
developing country export s. Members could consider the case-by-case approach for review of such 
reverse S&DT unjustifiably enjoyed by developed countries en masse for so long.  The only mandate 
that exist ed on S&DT was to review S&D T provisions in the existing WTO disciplines with a view to 
making them more precise, effective and operational, as entailed in Paragraph 44 of the Doha 
Ministerial Declaration. India strongly support ed the G90 's Agreement Specific Proposals as 
contained in document JOB/TNC/79  – JOB/DEV/60.  India hoped that Members w ould constructively 
engage in discussions on th e G90 Proposal  and work towards a meaningful outcome by MC12.  
11.21.   The representative of the European Union  noted that the current distinction between 
developed and developing countries no longer reflec ted the reality of the rapid economic growth in 
some developing countries. Members  should therefore continue to work on S&DT  with a view to 
ensuring that flexibilities were made available to Members who actually need ed them to enable them 
to fully benefit from their WTO m embership. If th e WTO wa s to prosper, S&DT should  become much 
more granular in function of an individual Member's demonstrated needs and capacities. Future 
differentiation should be designed in terms of  specific individual country needs at the sectoral or 
activity level rather than calling for a block exemption of a large category of Members. The European 
Union  consider ed that each developing country's need for S &DT should be assessed on a case -by-
case basis and be evidence -based. The notable exception should be the LDCs who deserve d 
particular treatment. The European Union  was open to looking into S&DT provisions in future 
agreements, such as in the ongoing negotiations. It was only where S&DT respond ed to a specific 
need that it c ould be truly effective.  
11.22.   The representative of Chad, on behalf of the LDCs, reiterate d the importance of the S&DT 
principle for developing and LDC Members. S&DT  was an integral part of the Marrakesh Agreement 
and the WTO Agreeme nts making it an element of a legally binding pact . Members' c ommitment  
was therefore essential in providing  those who experience d structural capacity constraints the means 
to catch up with their economic backwardness, to help alleviate  majority of their p opulation from 
poverty and to enable a more just, equitable and inclusive multilateral trading system. The S&DT 
principle was an integral part of the WTO and its Agreements. S &DT should  remain a development 
tool for Members especially to those who needed t hem the most . 
11.23.   The representative of Japan  said that  moderni sing S&DT was an important component of  
WTO Reform.  Japan welcome d the decision by some Members to forgo S&DT in current and future 
negotiations. The increasing number of Members who  made such a  decision w ould contribute to WTO 
Reform reflecting 21st century realities and to further enhanc e free and fair trade.  Japan would like 
to see more Members taking the decision thus lending positive momentum to WTO Reform.  
11.24.   The representative of Pakistan  recall ed its statement under the same agenda item in 
previous General Council meetings. The opening sentences of the Marrakesh Declaration had 
recogni zed that economic relations should be driven with the view to raising standards of living, 
ensuring full employment and expanding production of and trade in goods and services in a manner 
consistent with the needs and concerns of countries at different levels of development. S&DT was a 
treaty -embedded right. While some countries ha d developed faster than others, fundamental 
differences between developed and developing countries persist ed. Developing countries need ed 
their policy space and flexibilities in every  current and future agreement. Involuntary relinquishment 
of such rights by some should not preclude others from exercising them. Opening renegotiation on 
fundamental concepts such as S&DT r an the risk of reopening all other treaty -embedded rights and 
obligations of the WTO. In consonance with all its previous statements on th e item, Pakistan  saw no 
change in the proposal and its position remain ed likewise  unchanged. As the saying went, "w hen 
elephants fight , it is the grass that gets trampled. " Pakistan  hoped they could avoid it in that forum.  
11.25.   The representative of Jamaica , on behalf of the  ACP, reiterate d its previous statements on 
the item. Unfortunately, despite 25 years of the WTO's existence, Members were yet to succeed in WT/GC/M/188  
 
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  citing the scourge of poverty and underdevelopment while others were hindered by structural 
constraints and vulnerabilities flowing from , among other things , global economic shocks, climate 
change and natural disasters. Economic data an d indices w ould not reflect the realities on the 
ground. Members  therefore  could not use th e document as a good basis to advance their discussions 
on the future of S&DT in the WTO. The ACP Group  reemphasi zed its inability to accept that some 
developing cou ntries were not entitled to S&DT and that they should be excluded upfront from 
claiming th at facility even before negotiations beg an. The  ACP Group  called for a constructive and 
inclusive approach to th at important issue whereby the concerns of all Members c ould be addressed.  
11.26.   The representative of Guyana , on behalf of CARICOM , said that th e question of differentiation 
was an issue of systemic importance. The starting point of any discussion on the subject in the WTO 
should be on the basis of WTO principles. For th at, CARICOM  turned to the relevant provisions of 
the Marrakesh Agreement which invite d Members to conduct their trade and economic endeavours 
with a view to raising standards of living, ensuring fu ll employment, among others, in accordance 
with the objective of sustainable development in a manner consistent with their respective needs 
and concerns at different levels of economic development. Th ose principles were still relevant today.  
11.27.   CARICOM unders cored the importance of preserving the S&DT principle for developing 
countries in the WTO. Members  should respect the time -honoured tradition of allowing developing 
countries to self -declare and benefit from S&DT. CARICOM  reaffirm ed the existing Doha manda te to 
make S&DT provisions more precise and effective and the use of GNI per capita as a determinant of 
eligibility for S&DT d id not accurately reflect the vulnerabilities faced by many developing countries. 
Preserving and strengthening access to S&DT was one of the avenues through which they could 
address  their vulnerabilities . Members needed to be pragmatic in their approach while honouring the 
core principles of development which they had all agreed  on over the years.  
11.28.   The representative of Barbados  assoc iated with the statements made by CARICOM and the 
ACP and recall ed its previous statements delivered under th at item in past General Council meetings. 
Development was an indispensable principle of the WTO and S&DT provisions were integral elements  
essential to any proposed discipline which require d multilateral consensus in the WTO. The WTO's 
ability to reach consensus was contingent upon the inclusion of S&DT for de veloping and LDC 
Members to assist with implementation of disciplines and provide lasting technical assistance and 
capacity building. Despite certain classifications, small island developing economies continue d to be 
challenged by small production capaciti es, vulnerability to economic shocks, susceptibility to climate 
change and other natural hazards, remoteness from main markets, limited natural resources, 
burgeoning levels of debt and significant capacity and infrastructural constraints . 
11.29.   In recent discuss ions in the WTO, Barbados  had also had reason to state its inability to 
accept any proposal which suggest ed the use of per capita income as the criterion for accessing 
S&DT in the WTO. Th at wa s not only applicable to its discourse under th at General Counci l item but 
also in the fisheries subsidies negotiations and any other area in the WTO where such criteria was 
proposed.  Barbados ha d been a champion for urging the international community to give due regard 
to economic and environmental vulnerability in de fining access to development finance, concessional 
finance and technical assistance and capacity building. Barbados  took note that some self -declared 
developing Members ha d on their own volition taken the decision not to avail themselves of S&DT 
in the WTO . Barbados  took note of and commend ed the voluntary nature of th ose pronouncements. 
Any developing country Member while maintaining their self -declaration as a developing country 
could at any time join th em. Such pronouncement however remain ed voluntary.  
11.30.   The representative of Brazil  noted that S&DT was a means to an end – not an end in itself. 
It had been  designed to be a flexible, varied and ever -evolving tool to accommodate the changing 
needs of developing countries. As a tool, it c ould not and d id not gu arantee development by itself. 
The use of S&DT should be precise. It ha d to address specific sensibilities and needs of developing 
countries especially the LDCs who need ed them the most. It was clear that there were different 
needs among developing countri es. Some need ed S&DT more than others but what all countries 
needed and th e WTO had set to provide it was more international trade as an agent to development 
and prosperity.  Development was the good cause that unite d Members . Brazil  would always support 
S&DT that foster ed development  and oppose S&DT that was used as a disguised form of protection 
thereby delegitimising an important tool of international trade. Brazil ha d decided to forego the use 
of S&DT in current and future WTO negotiati ons. As a matter of fairness, Brazil  urged Members to 
look at their true needs recalling that policy space also implie d the need to have fiscal space to 
evaluate if they c ould follow Brazil's example.  WT/GC/M/188  
 
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  11.31.   The representative of South Africa  recall ed the submiss ion that it had  co-sponsored with 
China, India and the Bolivarian Republic of Venezuela in document WT/GC/W/765 and it continue d 
to be its response on th e issue. S&DT, comprised of legal provisions that accord ed special treatment 
to developing countries in  international trade rules, ha d been a cornerstone of the multilateral 
trading system since the GATT . S&DT was intended  to embody fairness in the form of both equity 
and equitable opportunity. It ensure d that the multilateral trading system  create d a level -playing 
field where developing countries  especially the least developed among them undert ook liberali zation 
commitments  commensurate with their different capacities and levels of development.  The 
development gap between developed and developing countries continue d to be very wide.  
11.32.   The economic statistics on the impact of the pandemic were devastating with global 
contraction of five per cent, five countries having defaulted on debt requirements, twenty  facing 
severe food insecurity, 300 million jobs lost and 100 million people pushed back into extreme 
poverty. Without a doubt, COVID -19 ha d a disproportionate impact on developing countries and the 
development divide , which had also manifested itself in t he response measures , was expected to 
widen further. The WTO response c ould not be the removal of access to S&D T to 34 developing 
countries and limiting its scope to transitional periods and capacity building. COVID -19 present ed a 
clear case for the preser vation and strengthening of the S&D T provisions in both current and future 
WTO agreements with priority to LDCs.  
11.33.   The pursuit of S&D T did not mean that developing countries were seeking unlimited carve -
outs from the multilateral trading system . Developing countries ha d consistently made a contribution 
to international trade commensurate with their level of development. Th at contribution was 
recogni zed and had been  acknowledged as far back as the Marrakesh Declaration of 15 April 1994.  
The negotia tion of S&DT provisions in  the WTO agreements ha d always and should continue to have 
as appropriate:  provisions aimed at increasing the trade opportunities of developing country 
Members ; provisions under which Members should safeguard the interests of deve loping country 
Members ; flexibility of commitments, of action and of use of policy instruments ; transitional time 
periods ; technical assistance  and p rovisions relating to LDC Members . 
11.34.   Provisions relating to transition periods ha d been found to be arbitrary  in design and not 
connected to any coherent development policy criteria and unable to create sound differentiation 
between developing countries on account of their different levels of economic development, level of 
supporting institutions and legal and re gulatory frameworks. Furthermore, the implementation of 
technical assistance provisions tend ed to be overly donor -driven and tied to specific conditions which 
could undermine national priorities and institutions and they were often used to extract concessi ons 
when bargaining. Such provisions in the end d id not always improve participation of developing 
countries in trade or contribute to true capacity -building that reflect ed local priorities.  
11.35.   The S&DT mandate was in accordance with Paragraph 44 of the Doha Ministerial Declaration 
and it was to strengthen S&D T provisions to make them precise, effective and operational. The role 
of the CTD  SS was therefore all the more important and its work should  be prioriti zed for a 
meaningful outcome at MC12 on the basis of the G -90 proposals. There was no mandate to limit 
access to S&D for some on the basis of an arbitrary criteria . Removing or limiting access to S&D T 
without delivering on the DDA and addressing the existing asymmetries w ould result in the most 
unjust outcomes and entrench the imbalances. Trade rules were key in bridging the development 
gap, and if th ose could be made fair, then th at could  be a positive step towards bridging the gap.  
11.36.   The representative of the United States  thank ed all Members who had intervened under th e 
agenda item for their contribution including some of the history lessons he had  heard. The United 
States  fully expect ed that th e issue of the need for greater differentiation among developing 
countries as well as the need to reaffirm the importance of market -oriented conditions to the 
international trading system w ould continue to be key priorities of the United States in 2021  to help 
reform and steer the WTO in the right direction and reflect the realities of 2021.  
11.37.   The General Council  took note  of the statements.  WT/GC/M/188  
 
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  12  STRENGTHENING THE WTO TO PROMOTE DEVELOPMENT AND INCLUSIVITY – 
COMMUNICATION FROM THE AFRICAN GROUP, CUBA, AND INDIA 
(WT/GC/W/778/REV.3)  
12.1.   The Chairman  recalled that the  item was included in the agenda at the request of South Af rica, 
with the communication from the African Group, Cuba and India in document WT/GC/W/778/Rev.3  
and invite d South Africa to take the floor.  
12.2.   The representative of South Africa  said that t he Uruguay Round had been  concluded with 
many imbalances in the rules for developing countries. Over the course of time, th ose imbalances 
had become even more problematic for developing countries many of whom had already  been facing 
financial crisis before the onset of COVID -19. U nlike the previous financial crises, the COVID -19 
pandemic had exerted a much more radical and abrupt effect on both supply and demand, putting 
the real economy to a halt.  Developing Members ha d called for certain reforms in the WTO since 
1996 in an effort  to address asymmetries and bring balance to the WTO rules as well as create more 
policy space for themselves to pursue development and to use the same policy tools as developed 
countries to industriali se. 
12.3.   In the last two years, some Members ha d suggested a broad range of reforms at the WTO 
including a slate of new rules  even though existing mandates from the DDA remain ed unaddressed. 
WTO reform d id not mean accepting either inherited inequities or new proposals that would worsen 
imbalances. Reforms should  be premised on the principles of inclusivity and development and 
respond to the underlying causes of the current backlash against trade and the difficulties that 
developing Members continue d to face vis -à-vis their industrialization challenges. WTO reform 
should  fundamentally address th ose imbalances and should  also preserve the core principles of the 
WTO as entailed in the Marrakesh Agreement. Key among th ose were consensus -decision making, 
S&DT  and the central role of development.  
12.4.   Importantly, the multila teral trading system should give policy space for developing Members 
to fulfil their development goals including industrialization . The long -awaited outstanding 
development issues from the Doha Round continue d to be paramount and include d the reform of 
agriculture , the implementation issues , flexibilities under the TRIMS Agreement and technology 
transfer which were critical to economic recovery in the context of COVID -19. South Africa  therefore 
called for a WTO Reform to strengthen the WTO for inclusivity a nd development.  
12.5.   That implie d strengthening the multilateral character of the WTO. Critically, th at should  
include the preservation of consensus decision -making and respecting Art icle X of the Marrakesh 
Agreement on Amendments with regard to new rules ; addressing the unilateral and protectionist 
actions taken by some Members ; preserv ing policy tools to promote economic recovery, provid ing 
policy flexibility with a view to rebalance global rules and national economic development 
imperatives and ensur ing that trade rules support ed production -led growth, jobs and structural 
transformation  and reaffirming the principle of special and differential treatment, which was a treaty -
embedded, non -negotiable right for all developing countries in the WTO; and promot ing inclusive 
growth, widening spaces for States to pursue national development strategies in the broad 
framework and principles of a rules -based system.  
12.6.   Members should also k eep development at the core of the WTO through delivering on the 
long-promised de velopment concerns, including reinvigorating the discussions in the 1998 Work 
Programme  on Electronic Commerce , assess ing the implications of the Moratorium and address ing 
the issues of digital divide.  More i mportantly, the WTO  should  allow for different e conomic models 
rather than push for one form or another.  A functioning, independent and effective dispute 
settlement system was indispensable for preserving the rights and obligations of all Members and 
for ensuring that the rules were enforced in a fair a nd even -handed manner . Hence, a sine qua non 
for strengthening the WTO system was the restoration of the Appellate Body. Th at was an urgent 
priority since without such a system the rationale for negotiating new rules or to undertake reforms 
remain ed questi onable.  
12.7.   The representative of Botswana , on behalf of the African Group , noted that  the submission 
update d the previous paper by incorporating not only the impact of COVID -19 on reform perspectives 
but also outlining them in a more granular fashion focusing  on the preservation of core negotiating 
principles which ensure d that Members'  common interest in a robust multilateral trade system was WT/GC/M/188  
 
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  preserved. The Uruguay Round had been  concluded with many imbalances in the rules for developing 
countries  which  had become even more problematic in the context of COVID -19. The pandemic  was 
exposing the fundamental weaknesses in  the global system. The profound social and economic 
fragilities across developing countries, already very present pre -COVID, were currently  exposed and 
further exacerbated by the crisis  – disproportionately affecting d eveloping countries.  
12.8.   WTO Reform should preserve the existing principles of the WTO including S&DT  which 
remain ed an important part of the multilateral consensus reached previously.  S&DT  was a treaty -
embedded and non -negotiable right for all developing Members. Available data indicate d that the 
gap in the standards of living between developing and developed countries  had not narrowed since 
the establishment of the WTO. The pursuit of S&D T did not mean that developing countries were 
seeking unlimited carve -outs from the multilateral trading system.  Their aim was  to contribute to 
international trade commensurate with th eir level of development. The multilateral trading system 
should  provide  policy space for developing Members to fulfil their development goals including 
industriali zation and address the long -awaited outstanding development issues from the Doha 
Round, incl uding implementation issues, cotton, public stockholding, special safeguard mechanism 
and agriculture domestic support.  
12.9.   Development should underpin all WTO negotiations including fisheries subsidies negotiations 
and the e-commerce discussions under the 199 8 Work Programme. Importantly, any reform process 
should  ensure that communities  and indigenous people benefit ted from the traditional knowledge 
that was held, preserved and developed by them. The rules of the multilateral trading system should  
also suppor t developing countries in building their technological capacities, and their access to 
affordable medicines and medical technologies.  A functioning, independent and effective dispute 
settlement system was indispensable for preserving the rights and obligat ions of all  Members and 
for ensuring that the rules were enforced in a fair and even -handed manner. The resumption of the 
appointment process of Appellate Body members  should be high on the  reform  agenda and precede 
other reforms. Th at entail ed preserving an independent, two -tiered dispute settlement system.  
12.10.   Developing Members' concerns about affordability and equitable access to the use of the 
dispute settlement system was important. WTO Reform should likewise  not upset the delicate 
balance in negotiated o utcomes  and t ransparency  should  permeate the entire functioning of the 
WTO. Taking note of the resource constraints of small delegations, negotiations should always be 
open, inclusive and transparent and take seriously the resource constraints of developin g countries. 
The Africa n Group emphasi zed that there was a need to reflect on the role of the multilateral trading 
system  in promoting economic recovery and in addressing the current and future health cris es. 
Multilateral cooperation was needed now more than ever to enable Members to effectively respond 
to the current crisis based on their needs . One size fits all approaches  were not helpful . 
12.11.   The African Group  also reaffirm ed the need for promoting inclusive growth  and widening 
spaces for States to pursue national development strategies in the broad framework and principles 
of a rules -based system. To address COVID -19, develo ping countries should not be asked to 
relinquish their required trade policy space such as through the permanent liberalisation of tariffs or 
agreement to end the use of export restrictions. Flexibilities on intellectual property disciplines 
should be main tained only temporarily for the duration of the COVID -19 crisis to ensure equitable 
and timely access to the vaccines and therapeutics. The  dispute settlement system should not be 
used to challenge legitimate measures essential and necessary to respond  to the pandemic.  
12.12.   The representative of Cuba said that n o Member ha d cast doubt on the need to reform the 
way which  the WTO work ed in order to achieve its objectives. Cuba was not casting doubt on the 
fact that the WTO need ed to be strengthened in terms of dev elopment and inclusivity. But Members  
needed to ensure that all of them  could participate on an equal footing in decision -making  to ensure 
benefits for all. Inequality and imbalances anchored in some of the exi sting rules unfortunately gave 
an intrinsic ad vantage to developed Members. Efforts of developing countries in achieving their 
objectives of development and industrialization were often hindered by imbalanced standards.  
12.13.   Requests to redress the asymmetry and to adapt the standard of the organization ha d been 
reiterated over the years by developing countries. The reform programmes need ed to go hand in 
hand and th at had been  the case with the Doha agenda. There had also been efforts to strengthen 
S&DT with regard to implementation and efforts to correct a symmetry in WTO Agreements 
particularly on agriculture. It was likewise important to achieve the SDGs. However, the WTO was 
moving further away from the principles enshrined in the Marrakesh Agreement and in other WT/GC/M/188  
 
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  agreements which specif ied that Members  needed to address the needs and interests of developing 
countries. Th at should  be in the ir work programme.  
12.14.   Recently, some Members ha d put forward a number of WTO Reform  proposals  which include d 
a series of new standards in addition to current mandates which had not yet been finali zed from the 
Doha agenda. The WTO c ould not move forward on such an unequal basis. Reforms should  be based 
on the principles of development and inclusivity. Members  needed to look at the causes of th ose 
imbalances and address the dif ficulties  faced by developing countries in industrialising their 
economies. Cuba was a co -sponsor of th e document because it was  convinced that it was very 
relevant. Cuba was seeking to identify issues that w ould help strengthen the WTO in a balanced 
manne r. Otherwise, it w ould be very difficult to meet the needs of those who were most in need.  
12.15.   The representative of Chad, on behalf of the LDCs , noted that t he revised submission  and 
the conclusions drawn from it largely reflect ed the LDC Group's  position on WTO Reform as reflected 
in document JOB/GC/223 submitted to the General Council in December 2019. The submission  
addresse d three priorities for development and inclusion: the  negotiatin g function , the dispute 
settlement  function , and the monito ring function of regular bodies . On issues concerning the 
negotiating function, the LDC s support ed the multilaterally preferable consensus -based approach. 
The LDC Group recogni zed that S &DT was an integral part of the WTO and should  remain a tool for 
devel opment, available to all Members in need. On specific negotiations, the LDC Group recogni zed 
the importance of preserving development interests through the correction of imbalances. Th ose 
include d measures impacting the price of cotton and subsidies grante d by the main players.  
12.16.   There was also a need to ensure transparency with regard to the obligations under Article 
66.2 of TRIPS. Developed  Member s should provide incentives to their enterprises to encourage them 
to transfer technology to LDCs.  Work should a lso continue on fisheries subsidies  and electronic 
commerce – both the Work Programme and the Moratorium , which were important subjects for 
LDCs.  On dispute settlement  and the crisis affecting the Appellate Body, the LDC Group support ed 
the principles set out in the submission . As described in document JOB/GC/223, the Group support ed 
an appellate review that was efficient and fair. A way out should be found for the appointment of 
Appellate Body members without delay. Moreover, with reference to new rules or  procedures of the 
Appellate Body, it was essential not to impose onerous measures that would harm LDCs.  
12.17.   Regarding the oversight function in regular bodies, the submission  reflect ed several views 
shared by LDCs. Overall, the report recogni zed that transparency and notification obligations were 
important. However, every  Member, including developed countries, need ed to improve the 
implementation of th ose obligations. The LDC  Group did  not support any new or additional 
notification or transparency obligations for LDCs as long as th ose did not take into account the ir 
capacity constraints. The LDCs d id not support punitive measures to the extent that incentives would 
be more appropriate. W ithin Councils and Committees, the LDC Group support ed the existence of 
better procedures in the organization of meetings as long as th ose did not penali se LDCs given their 
human resource constraints both in the  capital s and in Geneva. Special procedures r elated to specific 
trade concerns should be well -defined and succinct in order to be effective. The submission  raised 
the need to maintain flexibilities for trade -related measures in favo ur of developing countries in 
order to address the impact of COVID -19 and the LDC Group support ed that request.  
12.18.   The representative of Oman , intervening under Items 11 and 12 , said that Oman was a 
staunch supporter of the multilateral trading system and  had contributed to the preservation and 
improvement of the system in man y different ways  including by supporting accessions of a number 
of acceding countries. Oman ha d been promoting the multilateral trading system by active 
participation in WTO activities including the Public Forum, WTO Accessions activities as well as in 
the Global Review on Aid for Trade. Oman was also an active member in WTO negotiations especially 
on fisheries subsidies.  As an Article XII member , Oman had  made extensive commitments believing 
that other Members, especially developed ones , would reach Oman's  level of commitments during 
the Doha Round negotiations. Now more than any other time, it seem ed that the playing field w ould 
not be level led soon. Making extensive commitments had not immuni zed Oman from being targeted 
by some Members who had raised tariffs against some Omani products.  
12.19.   It was essential for Oman  to keep whatever flexibilities that remain ed because uncertainty 
and unpredictability was increasing and it affect ed its local industries and development needs. As a 
country that was r eliant on single commodity and was in the process of diversifying its economy, 
Oman w ould need policy space to reach its development goals. Oman  acknowledge d the importance WT/GC/M/188  
 
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  of WTO Reform  which was  needed to enable the WTO to keep up with changing times. Re form should 
reflect the realities and specificities of Members including the vulnerabilities of narrowly -based 
economies heavily dependent on the exports of a few commodities. Ignoring th ose realities could  
deprive developing Members of their right to deve lop. In that regard, S&DT  was an integral 
component of the multilateral trading system and  inextricably linked to developing country status.  
12.20.   The balance between  Members' rights and obligations was the result of negotiations.  Like 
many developing Members of  the WTO, Oman had made significant economic progress over the past 
decades but  still believe d that there remain ed a gap between developing  and developed Members. 
Oman  continue d to face significant challenges especially related to human and institutional capacity 
and overreliance on the energy sector. Income per capita alone was not dispositive in characteri sing 
a country 's level of development. The gap that exist ed between devel oped and developing countries 
was exacerbated by the digital divide. As there remain ed many areas of development that still f ell 
far below its level of ambition , Oman reiterate d its position as a developing country and its 
entitlement to  special and differ ential treatment . 
12.21.   The representative of Jamaica , on behalf of the ACP , noted that t he communication was a 
good first step and an important effort to capture the relevant issues at stake that require d reflection 
by all. If Members we re serious about having discussion on WTO Reform and the future of S&DT, 
the agenda c ould not be pre -determined by a small group of Members when the implications of 
reform and the rationale for reform was the business of all Members. Hence, the ACP Group  
continue d to request an o pen, transparent and inclusive discussion on the rationale, parameters, 
scope and elements of reform . Members  already ha d a number of papers on the table giving various 
perspectives on WTO Reform and S&DT and more was being prepared. In fact, the ACP Group  was 
working on a paper on WTO Reform.  
12.22.   There were important questions to reflect on as Members move d forward. Th ose include d, 
inter alia, how Members would address  divergences on the issue of reform and S&DT in the WTO  – 
whether those issues would be left to be handled as they currently  were, that was, in exclusive 
groups that lack ed representativity  and if so what implications th at would  have for the future of the 
WTO and the principles it was known to espouse . The ACP Group asked whether they were  guided 
by the unique circumstance of Members of the WTO and in that connection whether  the agenda 
being pursued was wide enough  – and how to ensure that previous Ministerial Decisions were 
streamlined into the discussions on reform . 
12.23.   The ACP Group further asked h ow Members could ensure that reform accommodate d 
unforeseen shocks to the trade and development of developing countries and LDCs especially in light 
of the impact of the COVID -19 pandemic  and that their Ministers were placed in the position to 
provide clear guidance on how to move forward with th ose issues at MC12 . The WTO c ould only be 
sustainable if the needs of all its Members were taken into account. Members  had to pursue a respect 
of WTO rules. They needed to integrate developing countries and L DCs into global trade, inclusivity 
in rulemaking, transparency and importantly, a willingness of Members to be flexible in the midst of 
various circumstances. The ACP Group st ood ready to play a constructive and productive role in the 
discussions on reform  and urge d other Members to do so.  
12.24.   The representative of the European Union  appreciate d Members' engagement in exploring 
how to reform the WTO and thank ed the delegates for their revised communication. The European 
Union  agree d that Members should pursue t heir efforts in finding multilateral solutions  and called on 
all of them  to engage constructively to reform the WTO on matters related to the three areas : the 
negotiating function , the dispute settlement function and the monitoring function of regular bodies.  
Without departing from the objective of advancing multilateral rulemaking, the E uropean Union  was 
supportive of an open plurilateral track of negotiations with a view to preparing multilateral outcomes  
and welcome d Members' active participa tion, both developed and developing , in the e -commerce, 
domestic regulation in services and investment facilitation negotiations.  
12.25.   Integration of developing countries in the multilateral trading system was one of the central 
objectives of the SDGs . Developi ng countries should be allowed assistance and flexibilities when 
justified. To grant open -ended block exemptions to 2/3 of the Membership was however no longer 
a viable model.  The revised version of the communication also addresse d COVID -19. To respond to 
the pandemic, Members  should continue to strive for reforms. The pandemic was impacting citizens 
across all parts of the world and all sectors of the economy. The WTO should  be an essential tool in WT/GC/M/188  
 
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  addressing the fall -out of the crisis. In the enormous eff ort that w ould be needed to ensure global 
recovery and build resilience, Members  needed global rules to maintain stability and predictability.  
12.26.   The representative of the United States  noted that the proponents ha d submitted an updated 
paper. Compared to the  previous version, the paper appear ed to have a few new paragraphs and 
fewer co -sponsors. The United States  continue d to disagree with the vast majority of the paper. It 
was backward -looking and unhelpful, completely disconnected from where th e organizatio n and the 
international business community were at present.  The United States had provided detailed 
comments on th e paper at previous General Council meetings and saw  no benefit to providing a long 
restatement of its views.  The heart of th e paper continue d to directly call into question whether 
Members share d a common understanding that WTO rules, and the implementation of those rules, 
were helpful to development and e conomic growth. In Paragraphs 1.3 and 1.4, the remaining co -
sponsors reiterated  that the framework of WTO rules was onerous, unfair and anti -development.  
12.27.   Further, the co -sponsors conceive d of S&D T as a means for self -declared developing 
countries to discon nect from various WTO rules, including in the TRIPS Agreement, TRIMS 
Agreement and the SCM Agreement.  For Members who h eld that view, the common rules of th e 
WTO were rules for others – not themselves. They want ed the opportunities that WTO membership 
offered but no longer want ed to contribute to creating those opportunities through the full 
implementation of existing WTO rules. The United States encourage d the proponents to return to 
the premise of believ ing in the rules and in their full implementation.  Without th at common 
understanding, it was hard to understand how reform efforts c ould succeed.  
12.28.   The representative of China  appreciate d and support ed the proposal on WTO Reform 
submitted by the African Group and other developing Members. Like the co -sponsors , China believe d 
that WTO Reform was needed. A key objective of such reform was to allow developing Members , 
comprising the  majority of the multilateral trading system, to benefit from their participation rather 
than satisfying a few Members discontented for losing some cases at the WTO.  Objectively speaking,  
over the past decades, despite efforts to overcome tremendous challe nges,  developing Members 
had not benefitted sufficiently from their participation in the multilateral trading system. The 
international rules remain ed imbalanced and the goals set by the DDA remain ed unaccomplished. 
The DDA now could  already sound like a p hrase from the distant past for some Members but the 
development objective of the trade negotiations c ould not and should not change.  
12.29.   WTO Reform should  strengthen the multilateral trading system  and improve the existing 
rules and not completely revamp and start all over again. The bedrocks of the WTO, such as MFN, 
S&DT , consensus -based decision -making, independent, impartial and two -tiered dispute settlement 
mechanism, should remain at the foundation of th e organization. Without th ose, the system would 
easily topple to the ground.  The 164 Members of the WTO were of diverse historical and cultural 
backgrounds, having their own unique economic models and development paths. Reform of the WTO 
could only succeed with full and mutual respect of th ose differences w hile seeking convergences.  
12.30.   Members  should proceed with incremental steps and be realistic of what was achievable. 
Overstepping or imposing one 's own views onto others simply w ould not work.  Reform mean t change  
and innovation. Members  needed the brave explo rers to chart out the paths ahead and venture down 
the roads. The goal should not however be  to find new paths for themselves so that they could  
navigate new landscape shaped by new technologies and new business models . Rather,  the objective 
should be to explore a common path for all 164 Members  for them to move forward together towards 
sustainable development  and leave no one behind. China  looked forward to advancing together with 
all Members on the right path for WTO Reform in the right direction and with the right approach.  
12.31.   The representative of Pakistan  welcome d the proposal which highlight ed some key issues 
which  should  form the core of any di scussions on WTO Reform or any attempts to prepare the WTO 
for its present challenges. Pakistan had  always maintained that reform should  be inclusive and be 
endorsed and not compromise the WTO's fundamental pillars such as non -discrimination, recogni zed 
rights to S&DT in all current and future negotiations, consensus -based decision -making and a 
properly functioning two -tiered dispute settlement mechanism. Pakistan was a key sponsor of 
addressing the pending agenda of development and correcting the imbalance s in existing WTO 
agreements that perpetuate d the wide deficit between developed and developing countries.  WT/GC/M/188  
 
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  12.32.   If Members  truly wish ed to be responsive to the needs of the majority of them, they needed 
to focus on the ways and means to support the efforts of e conomic transformation in poor countries. 
Overall, the WTO need ed a re-think but not in the way that would entrench the existing imbalances  
and create additional burdensome obligations for developing countries. That w ould only amount to 
prolonging instead of mitigating the problems. Instead, some of the critical elements that should  be 
addressed to make the organization more inclusive and development -friendly ha d been discussed in 
the co -sponsors' paper. Pakistan  therefore thank ed the co -sponsors for th e useful contribution and 
remain ed happy to positively engage in taking th at forward.  
12.33.   The representative of Bangladesh  welcome d the revised version of the communication  and 
associated with the statement made by the LDC s. Development was a multifaceted conce pt and 
inclusive development was one of the pre -conditions of sustainability.  While Members d id not have 
the same level of technical or management capacity , all of them  should enjoy respect and recognition 
from each other. Challenges faced by  many developi ng countries, particularly the LDCs and the 
graduating LDCs, were unique and diverse and th ose Members still need ed S&DT  which was also at 
the core of the WTO's inherent and inseparable principles. Creating a level playing field through 
affirmative action could help improve Members'  collective journey in shaping and sharing their 
common future.  
12.34.   Bangladesh welcome d the idea of inclusivity in the overarching development goals. Th at also 
meaningfully align ed with the fundamental principle of the SDGs  that no one should be left behind. 
Inclusive development demand ed participatory discussion and decision -making in the WTO. Th at 
was what it underst ood – collective responsibility.  Bangladesh fully support ed the values of 
partnership, shared development and inclusiv ity as reflected in th e communication  and looked 
forward to working constructively with Members  on the matter.  
12.35.   The representative of Sri Lanka  recalled that t he proponents and other developing countries 
including Sri Lanka ha d already noted that the WTO was moving away from the principles entailed 
in the Marrakesh Agreement and the negotiati ng mandate contained in the Doha Development 
Agenda. Th ose sentiments ha d been shared by stakeholders in the capital in view of the very fa r-
reaching developments taking place within the WTO. Th ose developments attempt ed to rewrite the 
WTO rules and side -line consensus decision -making in Article X of the Marrakesh Agreement on 
amendments. Attempts were also being made to enhance procedures in  regular bodies to address 
specific trade concerns that were more favourable to developed countries while objecting to similar 
types of concerns being expressed at various Committees  by developing countries.  
12.36.   Suggestions were also made  to put in place addit ional transparency and notification 
requirements disregarding the existing institutional and capacity constraints of many developing 
countries and the lack of political will for addressing the developmental concerns of developing 
countries in the ongoing n egotiations particularly in fisheries subsidies and in agriculture.  Many 
successive negotiations including the Uruguay Round had given due recognition to the meaningful 
implementation of trade and development 's unbreakable relationship through effective S& DT 
provisions. WTO Reform should  not mean taking drastic actions to throw developing countries  from 
the sand to the fire . It should rather help them come out of the ir current level of development.  Sri 
Lanka  therefore support ed the proposals contained in do cument WT/GC/W/778/Rev.3.  
12.37.   The representative of India said that t he joint communiqu é sought  to bring balance to the 
ongoing discussions on WTO Reform by reaffirming the importance of development to the work of 
the organization. The development aspect ha d become more significan t in the context of the ongoing 
COVID -19 pandemic which had imposed disproportionate burden on the developing and LDC 
Members . The reform paper ha d factored in those new challenges  as Members were facing  the same 
storm but were certainly not sailing in the same boat.  The paper's broad essence was that any 
dialogue on WTO Reform  should be balanced , include issues of importance to developing countries  
and not erode the core principles of consensus -based dec ision-making, non -discrimination and 
S&DT. Proposals that artificially differentiate d between developing Members without any regard to 
the developmental needs , impose d punitive strictures for non -compliance with notification 
obligations  and dilute d S&DT provisions in ongoing negotiations illustrate d the lack of such balance.  
12.38.   The paper remind ed Members that the Marrakesh Agreement recogni zed that international 
trade was not an end in itself but a means of contributing to certain objectives including ensuring  
that developing countries and LDCs secure d a share in international trade commensurate with the 
needs of their economic development.  The core value and basic principles of the multilateral trading WT/GC/M/188  
 
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  system  should  be preserved and strengthened, particularly with a view to building trust among 
Members. Th ose include d disciplining laws and regulations of Members that were inconsistent with 
WTO rules , preservation of decision -making by consensus and respecting of Art icles II, III, IX and 
X of the Marrakesh Agree ment, ensuring that JSIs d id not change the fundamental architecture of 
the WTO  and c orrecting the imbalances in existing WTO agreements.  
12.39.   The empirical data clearly indicate d that the gap in the standards of living between 
developing and developed countrie s had not narrowed since the establishment of the WTO. In fact, 
the GDP per capita between developed and developing countries ha d widened considerably and more 
than 60% of the world 's poor also live d in non -LDCs.  India therefore reaffirm ed the centrality of 
S&DT  as a non -negotiable, treaty -embedded right for developing Members and LDCs. It was 
essential to preserve S&D T in current and future agreements for allowing developing Members the 
necessary policy space. India was  not seeking for unlimited carve -outs. Any proposal  that deprive d 
developing Members of their treaty -embedded rights would be inconsistent with Members ' 
obligations. Developing countries should  be allowed to make their own assessments regarding their 
own developing country st atus. 
12.40.   The paper also highlight ed the important issues in the unfinished agenda of the WTO on 
development which need ed to be implemented and addressed on priority. Th ose include d 
rebalancing the asymmetric rules of the Uruguay Round , strengthening of S&DT p rovisions , 
addressing issues related to agriculture, especially cotton, domestic support, SSM and a permanent 
solution for PSH.  A functioning, independent and effective dispute settlement system was 
indispensable for preserving Members' rights and obligati ons. Without such a system there would be 
little incentive to negotiate new rules. Members h ad a treaty  obligation to ensure the maintenance 
of a standing Appellate Body comprising of seven members as per Articles 17.1 and 17.2 of the DSU . 
Reform of the di spute settlement mechanism should  preserve its essential features namely , an 
independent, two -tiered dispute settlement system, automaticity in the launch of proceedings and 
decision -making by negative consensus.  
12.41.   The discussions on transparency  and notific ations at the WTO should factor developing 
Members' capacity constraints and developing Members should not be expected to take on additional 
notification obligations.  India did not agree to the punitive approaches as a means to enforce 
transparency obligat ions. Developed Members should lead by example in submitting timely and 
accurate notifications especially regarding their AMS commitments, Mode 4 market access 
commitments, Art icle 66.2 of the TRIPS Agreement  commitment  and their commitment on disclosure 
of origin of biological resources and associated traditional knowledge in patent applications. 
Certainly, developed countries c ould not complain  about capacity constraints.  
12.42.   Developing countries were disproportionately affected by the COVID -19 pandemic which ha d 
also exposed the fundamental weaknesses in the global system. The profound social and economic 
fragilities that had already been present before COVID -19 had been further exacerbated by the 
crisis.  The trade regime should not penali se developing countries for acting to support their citizens 
during such extraordinarily difficult times. India therefore  demand ed a moratorium for developing 
countries and LDCs on trade measures implemented in response to the pandemic. Such a 
moratorium sh ould have clearly defined scope and duration. India looked forward to discussing th ose 
reform proposals with other Members when they reconvene d in 2021.  
12.43.   The General Council took note  of the statements.  
13  TRIPS COUNCIL MATTERS  
13.1  Annual Review of the Special Com pulsory Licensing System – Paragraph 7 of the 
Annex to the Amended TRIPS Agreement and Paragraph 8 of the Decision on the 
Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and 
Public Health (WT/L/540 and WT/L/540/Corr.1) – Report  of the Council for TRIPS 
(IP/C/86)  
13.1.   The Chairman  recalled that the General Council had adopted in 2003 a Decision on the 
Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health.  
In addition, in December 2005, the Gene ral Council had adopted a Protocol amending the TRIPS 
Agreement which had been  submitted to Members for acceptance. In accordance with Article 10:3 WT/GC/M/188  
 
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  of the WTO Agreement, the Protocol had entered into force on 23 January 2017, upon acceptance 
by two -thirds of the WTO Members.  Both the amended TRIPS Agreement and the 2003 Decision 
provide d that the TRIPS Council sh ould review annually the functioning of the system and sh ould 
also report on its operation to the General Council. He invite d Ambassador Mlumbi -Peter, Chair of 
the TRIPS Council, to introduce the report in document IP/C/86.  
13.2.   Ambassador Xolelwa Mlumbi -Peter (South Africa) , Chair of the Council  for TRIPS , recall ed that  
the Amendment to the TRIPS Agreement had entered into force in January 2017. The amendment 
provide d a mechanism for the grant of trade -related compulsory licences for export. It add ed a 
permanent and secure legal pathway to access affordable medicines to the TRIPS Agreement for the 
benefit of Members who rel ied on imports of medical te chnologies because of insufficient or no 
domestic pharmaceutical manufacturing capacities. The amendment applie d to Members who ha d 
accepted it, while the remaining Members continue d to operate under the 2003 Waiver Decision.  
13.3.   At its meeting of 15 -16 Octobe r, the TRIPS Council had completed its annual review of the 
functioning of the System, pursuant to Paragraph 7 of the amended TRIPS Agreement and Paragraph 
8 of the Decision of 30 August 2003 on the Implementation of Paragraph 6 of the Doha Declaration 
on the TRIPS Agreement and Public Health.  
13.4.   The TRIPS Council's report on th e review to the General Council ha d been circulated in 
document IP/C/86. It include d information about the implementation and use of the System, on the 
status of acceptances of the Prot ocol Amending the TRIPS Agreement, as well as on action 
undertaken to make the System work effectively. The record of the discussion that  had taken  place 
during the Council's review of the System was also attached to the report.  She inform ed Members 
that, since the adoption of the report by the TRIPS Council in October, The Gambia ha d also accepted 
the Protocol Amending the TRIPS Agreement. To date, 132 Members were thus bound by the 
amended TRIPS Agreement.  
13.5.   Pursuant to the General Council 's decision in 201 9, the Protocol  was open for acceptance by 
the remaining Members until 31 December 2021 or such later date as could  be decided by the 
Ministerial Conference (WT/L/1081). She called  upon the 32 Members who were yet to accept the 
Protocol to expedite action.  A practical guide on how to do so had been  attached to the letter she 
had sent to the Members concerned in September, and was also available on the WTO's webpage 
on TRIPS and public health. The WTO Secretariat remain ed available for any assistance or guid ance 
that could  be needed in th at regard.  
13.6.   The General Council took note  of the report of the TRIPS Council  in IP/C/86 and 
IP/C/86/Corr.1  and of the statement of the TRIPS Council Chair . 
13.2  Status Report on the Consideration by the TRIPS Council of the " Proposal for a 
Waiver from Certain Provisions of the TRIPS Agreement for the Prevention, Containment 
and Treatment of COVID -19" (IP/C/W/669) – Statement by the Chair of the Council For 
TRIPS  
13.7.   The Chairman  noted that the sub -item concerned the Status Report of the Chair of the Council 
for TRIPS on the " Proposal for a Waiver from Certain Provisions of the TRIPS Agreement for the 
Prevention, Containment and Treatment of COVID -19" circulated in document IP/C/W/669 . He 
understood that the Council for TRIPS consid ered that request at its meetings in October and on 
10 December 2020. He therefore invited Ambassado r Mlumbi -Peter to provide a status report on the 
Council's consideration of the matter.  
13.8.   Ambassador Xolelwa Mlumbi -Peter (South Africa) , Chair of the TRIPS C ouncil , reported that, 
at the meeting of the TRIPS Council on 15 -16 October 2020, India and South Africa had introduced 
document IP/C/W/669, requesting a waiver from certain provisions of the TRIPS Agreement for the 
prevention, containment and treatment of  COVID -19, which had been circulated on 2 October 2020 
and ha d since been co -sponsored by the delegations of Kenya, Eswatini, Pakistan, Mozambique and  
the Plurinational State of  Bolivia. The TRIPS Council had continued its discussions under that agenda 
item at its resumed meeting on 10 December 2020.  
13.9.   At those meetings, and at informal meetings on 20 November and 3 December, delegations 
had highlighted the common goal of providing access to high -quality, safe, efficacious and affordable WT/GC/M/188  
 
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  vaccines and medicine s for all. Delegations had exchanged views, had sought clarifications and had 
provided information on the waiver request but could not reach consensus. Delegations had indicated 
a need for further discussions on the waiver request and views exchanged by delegations.  
13.10.   That mean t that the TRIPS Council ha d not yet completed its consideration of the waiver 
request and  would not be able to do so within the 90 days stipulated in Article IX:3 of the Marrakesh 
Agreement. Therefore, the TRIPS Council would continue its consideration of the waiver request and 
report back to the General Council as stipulated in Article IX:3 of the Marrakesh Agreement.  
13.11.   The Chairman  thanked the TRIPS Council Chair  for her  report on the discussions in the TRIPS 
Council. As Members had just heard, the TRIPS Council would continue to work on th e matter.  
13.12.   The representative of Botswana , on behalf of the African Group , said that  COVID -19 ha d 
generated unprecedented socio -economic consequences with the reversal of hard -won develop ment 
achievements. Africa was particularly challenged in its efforts to cope with the disease burdens. The 
global death toll was currently  close to 1.7 million deaths due to COVID -19. The pandemic ha d 
affected everyone  in very direct and immediate ways  – closing economies and taking away loved 
ones. The Doha Declaration on the TRIPS Agreement and Public Health reaffirm ed the right of WTO 
Members to protect public health  and stated, "We agree that the TRIPS Agreement does not and 
should not prevent Members from taking measures to protect public health. Accordingly, while 
reiterating our commitment to the TRIPS Agreement, we affirm that the Agreement can and should 
be interpreted and implemented in a manner supportive of WTO Members' right to protect p ublic 
health ." 
13.13.   The African Group  acknowledge d the value of the TRIPS Flexibilities . Many developing 
countries  could however  face legal, technical and institutional challenges in using TRIPS flexibilities. 
National patent laws could  not even have the necess ary provisions to issue compulsory licenses for 
public interest or government use licenses or where such a possibility exist ed. Sometimes, provisions 
on compulsory licensing in national legislation were subject to specific processes and , as such, the 
issuance of compulsory license could  involve lengthy processes that were time -consuming.  A 
particular concern for countries with insufficient or no manufacturing capacity were the requirements 
of Article 31bis of the TRIPS Agreement and consequently the cumbers ome and lengthy process for 
the import and export of pharmaceutical products.  
13.14.   The flexibilities embedded in Article 31bis had not been designed to deal with global issues 
presented by COVID -19. A few vaccines ha d been approved for use in developed countrie s and were 
currently being rolled out. The initial baseline was to vaccinate 20% of the population in Africa  by 
the end of 2021.  The WHO ha d confirmed that more than USD 5 billion w ould be required to roll out 
a COVID -19 vaccine in Africa to priority popul ations alone in th e initial phase.  Even though some of 
those costs could  be borne through global initiatives such as COVAX, th at was not nearly enough to 
address the needs of entire populations in low and middle  income developing countries which d id 
not co ver other developing countries who would have to self -finance. The waiver proposal in 
IP/C/W/6 69 require d collective action to ensure that IP d id not constitute a barrier to access to 
medicines, equipment and protective material needed to fight COVID -19. 
13.15.   The African Group support ed the call of the co -proponents for global solidarity and the 
unhindered global sharing of technology and know -how in order that rapid responses for the handling 
of COVID -19 could be put in place in real time. The African Group  support ed the TRIPS Waiver's  
objectives and call ed on all Members and the TRIPS Council to urgently complete their work in line 
with the TRIPS Council Chair's  report and to recommend to the General Council the adoption of the 
waiver.  Developing countries sho uld not be left behind . A new global assessment of purchasing 
agreements for COVID -19 vaccines reveal ed that high -income countries ha d already purchased 
nearly 3.8 billion doses with options for another five billion. The African Group call ed for a swift 
adoption of the TRIPS COVID -19 waiver to ensure timely and equitable access to treatment as a 
public good. The longer African countries ha d to wait for access, the longer the lockdown and 
economic recovery  – causing a m ore severe socio -economic impact.  
13.16.   The representative of Chile viewed  it positive ly that Members ha d arrive d at a consensus on 
the next steps on th at very important instrument. The only way to arrive at a common understanding 
was through an honest, open and constructive dialogue. The issue shoul d therefore  be resolved on 
the basis of consensus and that solutions be based on evidence and concrete proof. As pointed out WT/GC/M/188  
 
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  in the past, IP was a tool that stimulate d innovation and the spreading of technology to the reciprocal 
benefit of all. Th at was integral for the socio -economic  welfare  of society. Chile would like to see 
that the TRIPS Agreement and the Doha Declaration g ave rise to flexibilities making it possible for 
countries to design public policy to facilitate access to medicines.  
13.17.   Chile recogni zed that in the discussions on the TRIPS Waiver, both informal and formal 
meetings, a multiplicity of technical questions ha d been raised on the scope, implementation and 
duration of the proposal. Chile needed to know the concrete and specific IP-related  issues that 
Members were facing when it came  to dealing with COVID -19 and other related technologies as well. 
There was an urgent need to understand the ins and outs of th e proposal to avoid incorrect 
expectations on the part of Members and the society  in general . Now  more than ever, Members 
should  be careful in making promises to their people  because it could  be difficult to keep them. Chile 
therefore  appeal ed to Members  to have a pragmatic approach and fruitful discussions in th at area. 
13.18.   The representative of the Republic of Korea  had seen constructive engagement by Members 
on the proposal. Korea fully share d the concerns o n the unprecedented global health crisis resulting 
from the COVID -19 pandemic, in particular, the adverse impact on developing and LDC Members. 
International cooperation was therefore  essential to ensure universal and equitable access to safe 
and effective diagnostics, treatment and vaccines for all countries regardless of their income level.  
13.19.   The e xisting multilateral framework on trade and intellectual property rights embedded in 
the TRIPS Agreement str uck the right balance between the protection of IP rights and the promotion 
of public health. The TRIPS Agreement provide d sufficient flexibilities such as Article 31 and 
Article  31bis. Such flexibilities w ould enable Members  to cope with the current challenges 
collectively.  Members  had already witnessed the efficacy of global cooperation and the IP system in 
developing vaccines and treatments against COVID -19. Without such unprece dented collaboration 
among governments, researchers and innovators, and above all, a well -functioning IP system, they 
would not be where they currently stood. Korea  looked forward to constructive and facts -based 
discussions on the proposal by South Africa and co-sponsors  at the TRIPS Council in 2021 . 
13.20.   The representative of Jamaica , on behalf of the ACP , was sympathetic with the general 
objective of the proposal which was to ensure that the people ha d access to medicines, vaccines and 
other items required to treat the virus and contain the outbreak. The ACP Group therefore t ook note 
of the discussions on the proposal  which wa s being submitted at a time when Members were  faced 
with the most devastating health crisis in their lifetime.  The COVID -19 pandemic was unprecedented 
and ha d caused major disruptions socially and economically. While all Members ha d been 
significantly impacted by the pandemic, the impact was disproportionately faced by developing and 
LDC Members due to, inter alia, the limited capacity of their healthcare systems to cope with crisis 
of that magnitude.  
13.21.   Members  had a collective responsibility to utilise mechanisms within the multilateral 
institutions like the WTO to contribute to the global initiatives to preserve public  health and save the 
lives of millions of people across the globe.  The ACP Group was encouraged by the robust discussions 
and exchanges which ha d taken place since the proposal had first been launched in October.  The 
ACP Group  was consulting on the proposa l internally with a view to constructively engaging in th ose 
discussions . The Group  thank ed the co -sponsors for all the work that ha d been done thus far and  
invite d other Members to engage constructively with a view to finding a landing zone. The health 
and lives of their people should always be their priority and the ACP Group was confident that  
Members were capable of delivering on behalf of their people in th ose difficult times.  
13.22.   The representative of Hong Kong, China  thank ed the proponents for raising th at important 
issue particularly as  the global pandemic was posing tremendous threats to people 's health and 
safety all over the world. Hong Kong, China understood  the pressing concerns about the inadequate 
supply of medical products as expressed by the pro ponents  and consider ed that Members should 
put in concerted efforts to scale up research, development and manufacturing activities to provide 
access to high -quality, safe and affordable vaccines and medicines for all.  As pointed out by some 
Members, a robu st and balanced IP system was essential to providing incentives to research and 
innovation for the development of effective medicines and vaccines for the fight against the COVID -
19 pandemic. The TRIPS Agreement was playing a key role in preserving such an  IP system.  WT/GC/M/188  
 
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  13.23.   The TRIPS Agreement provide d flexibilities, including compulsory licensing of patents under 
Articles 31 and 31bis, to allow access to patented pharmaceutical products to address national 
emergencies and extreme urgency.  Various global collaboration programmes initiated by the WHO, 
such as the Access to COVID -19 Tools Accelerator and the COVID -19 Technology Access Pool, would 
also facilitate innovative and equitable access to COVID -19 medications. Further collaboration and  
support in th at regard at the international level would be useful.  Hong Kong, China  thank ed the 
Chair of the TRIPS Council for steering the discussions and delivering the oral status report on the 
waiver request  and welcome d further deliberations on the s ubject among Members to explore 
feasible options within and outside the current TRIPS regime.  
13.24.   The representative of Cuba associated with the statement made by the ACP. The statement 
of the TRIPS Council Chair exactly reflect ed the process of the discussion s under way on the proposal 
initially put forward by India and South Africa and currently co-sponsored by a number of other 
Members. Th e health situation worldwide require d far reaching political solutions including  access to 
technology and medicine for the prevention, containment and treatment of COVID -19. The COVID -
19 pandemic ha d under scored  the need of having universal access to healthcare. When COVID -19 
had broke n out, there had been  a consensus that in order to slow down its spread, international 
cooperation was needed to accelerate the development of  essential  products , scale up their 
production , increase medical technologies and ensure protection for everyone everywhere.  
13.25.   The document containing the proposed Waiver stated that IP rights "do not create  barriers 
to the timely access to affordable medical products including vaccines and medicines or to scaling -
up of research, development, manufacturing and supply of medical products essential to combat 
COVID -19." The WTO had arrived at an understanding un der the Doha Declaration on TRIPS and 
Public Health to make it possible for people to have access to medicines.  There was no doubt th at 
the debates on th e matter w ould continue. Cuba called on Members to work together and guarantee 
that intellectual property rights such as patents, industrial designs, copyright s and protection of 
undisclosed information would not stand in the way of access to medical products including COVID -
19 vaccines. Apart from  intellectual property rights , the lack of financing for acquisition, abuse in 
pricing and lack of sufficient manufacturing capabilities could also be  barrier s to access to medicines. 
The global pandemic in which they were all affected therefore required a global solution.  
13.26.   The representative of Australia  saw well-functioning and well -understood international IP 
rules and flexibilities as a necessary tool in supporting predictability and supply chain certainty. 
Appropriately balanced IP rules w ould support rather than hinder timely and widespread access. 
Afterall, existing multilateral initiatives like the COVAX Facility were underpinned by international IP 
rules.  Amid the global pandemic, the TRIPS flexibilities in the Doha Declaration was probably ut ilized 
and supported  – provid ing an important backstop to ensure Members struck the right balance. As a 
way to progress talks at the TRIPS Council, on 27 November, Australia had  co-sponsored 
communication IP/C/W/671 together with Canada, Mexico and Chile w hich made clear their 
commitment to a comprehensive global approach to supporting widespread access to vaccines, 
therapeutics and diagnostics. The communication also ask ed for specific examples of how TRIPS 
Agreement rules ha d manifested as systemic barrie rs during COVID -19. So far, efforts to explain 
how IP was manifesting as a barrier ha d focused on more abstract scenarios rather than clear and 
persistent real world examples.  
13.27.   Australia  remain ed open to discussions on how to further leverage international IP rules and 
flexibilities to support vaccine access as necessary. There were many legitimate factors that could  
impact access to COVID -19 vaccines, treatments and diagnostics such as adequate f inancing for 
research and development, regulatory approvals, trade barriers, procurement and logistics and 
perhaps most critically for highly technical vaccines and treatments – sufficient manufacturing 
capacity. Australia  was working to ensure th ose facto rs across all stages of the supply chain d id not 
stand in the way of timely and affordable access. For example, Australia was supporting its regional 
development partners to access vaccine doses and implement effective vaccination programmes. 
Australia's  500 million regional vaccines access and health security initiative w ould enable the timely 
purchase or pre -purchase of vaccines by its neighbours in Southeast Asia and the Pacific and offer 
expertise across a range of technical areas. And its 800 million d ollar commitment to the COVAX 
Facility's advanced market commitment w ould support vaccine access in 92 developing countries 
around the world. Australia w ould continue to engage constructively in the TRIPS Council on th at 
proposal and look ed forward to furt her evidence -based discussion s. WT/GC/M/188  
 
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  13.28.   The representative of South Africa  noted that it was  timely to assess the functioning of the 
Special Compulsory Licensing System established under Article 31bis  of the amended TRIPS 
Agreement and the 2003 Decision. South Afr ica recall ed its observations on the contents of the 
Secretariat presentation  of the report in IP/C/86 and noted that the Paragraph 6 system ha d only 
been used once since its inception. It was recogni zed that the use of the System was overly 
cumbersome with too many conditionalities and procedural prescripts to be useful to Members with 
insufficient or no manufacturing capacity in the pharmaceutical sector. The Paragraph 6 System was 
too time -consuming an d overly burdensome irrespective of the level of development of a country  
which  had been highlighted by COVID -19. At the TRIPS Council meeting of 15 -16 October, South 
Africa had  pointed out the procedural and legal difficulties that continue d to exist unde r the System.  
TRIPS flexibilities had never  been designed to deal with pandemics of the scale and magnitude of 
the nature of  COVID -19. Members  needed to recraft rules to fully reflect th ose shortcomings in the 
current system to build a more robust legal fr amework that t ook account of th ose realities.  
13.29.   With that in mind, South Africa, the Plurinational State of Bolivia, Eswatini, Kenya, India, 
Mongolia, Pakistan and the Bolivarian Republic of Venezuela had introduced the TRIPS Waiver 
proposal to ensure that Members c ould better address COVID -19 through the suspension of certain 
TRIPS Agreement provisions. An effective response to the COVID -19 pandemic require d rapid access 
to affordable medical products including diagnostic kits, medical masks, other personal protective 
equipment and ventilators as well as vaccines and medicines for the prevention and treatment of 
patients in dire need. The joint proposal request ed a waiver to be granted to all  Members so that 
they d id not have to implement, apply or enforce ce rtain obligations related to COVID -19 products 
and technologies under Section 1 on copyrights and related rights, Section 4 on industrial design, 
Section 5 on patents and Section 7 on protection of undisclosed information of Part II of the TRIPS 
Agreement.  The proposed waiver  was of limited scope, temporary, applicable only to COVID -19 and 
did not suspend application of the TRIPS provisions beyond what was necessary to fight COVID -19. 
13.30.   In various meetings of the TRIP S Council, South Africa had  explained the rationale for the 
proposal and believe d that it demonstrate d the existence of exceptional circumstance s that justifie d 
the request for a waiver decision and clear terms and conditions governing the application of the 
waiver. COVID -19 was far from over . Even in light of  the approval of vaccine candidates, there was 
no certainty as to when effective vaccines w ould be available in sufficient quantities to ensure 
equitable access to everyone. In th at respect, the waiver should continue to be in p lace until 
widespread vaccination was in place globally and the majority of the world's population ha d 
developed immunity. No one was safe until everyone was safe. 
13.31.   In requesting the Waiver, South Africa was  not questioning the role of IP in promoting R&D 
and innovation . The greatest achievement would be to ensure all countries enjoy ed the benefits of 
science equitably especially in a pandemic such as COVID -19. The Waiver w ould ensure vaccines 
could be secured, that lives c ould be saved and that a truly glob al economic recovery was 
accelerated.  South Africa  called on all Members to support the proposal for the General Council to 
consider and pass th e waiver request as soon as possible given the urgency of the situation. In order 
to facilitate th e outcome, the proponents  would aim to conclude the discussions in the TRIPS Council 
and return to the General Council for a decision on an urgent basis. The WTO c ould not afford to be 
unresponsive at a time of an unprecedented global crisis when clearly IP ha d proven to be a barrier 
to timely, affordable and equitable access as demonstrated in  their submission . The co -sponsors 
would therefore request that an extraordinary General Council meetin g be called to address the 
waiver request given the unprecedented im portance of dealing with COVID -19. 
13.32.   A decision passing th e Waiver w ould send a positive message to the world and indicate that 
the WTO was committed not only to keep channels of trade open, but also to take decisive actions 
to save human lives. The sooner Members address ed COVID -19, the sooner they could get back to 
the core business of th e organi zation. Recent studies show ed that equitable access to all tools 
available for the prevention, containment and treatment of COVID -19, including vaccines, w ould go 
a long way in reversing the current loss of global output assessed to be at 3.4 trillion annually. 
Defeating the pandemic everywhere, at the same time, w ould yield an unmitigated global dividend 
to all of humanity. Yet self -interest was never far away . Developed and high -income countries ha d 
already bought 90 percent of likely vaccine candidates, enough to immuni se their populations several 
times over. During the deliberations , some delegations had opined that voluntary multilateral 
initiatives were enough t o address the pandemic. Voluntary multilateral approaches were welcome 
but fell short of providing universal access needed to address COVID -19. Funding issues ha d 
currently emerged putting at risk even the modest coverage that such initiatives c ould delive r. WT/GC/M/188  
 
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  Subject to funding availability, funded countries w ould receive doses to vaccinate only up to 20 % of 
their population in the longer term. The goal was to deliver two billion doses by the end of 2021 . 
That was not enough to ensure immunity of the world p opulation.  
13.33.   In relation to C -TAP, in which pharma ceutical  companies c ould voluntarily contribute their  
IP, trade secrets, and know -how, so far only 40 countries ha d pledged support and none of the 
pharma ceutical  companies developing the vaccines ha d joined. The Waiver d id not undermine but 
complement ed the voluntary mechanisms given the limitations of the TRIPS flexibilities.  Companies 
had also entered into bilateral agreements for the production of vaccine candi dates yet details of 
such deals d id not clarify if and when countries most at risk w ould be able to access such vaccines 
on reasonable and expedited terms. Many of th ose vaccines ha d benefited from state funding . States 
should attach strings to how compani es could deal with IP rights attached to such products. Any 
vaccines developed through or benefitting from state funding should be considered public goods.  
13.34.   As a result, developing countries were last in the queue while IP remain ed the most 
significant barr ier to access if only a few producers were allowed to produce. To date, c lose to 
1.7 million people ha d lost their lives while infection rates ha d increased exponentially. Many more 
producers were needed to scale up production of products needed during th at time of global 
emergency in order to ensure timely and equitable access to medical products needed to fight the 
pandemic. New emerging strains of the disease was likely to affect th at dynamic even more and put 
more strain on Members ' resources many of wh om were truly into a second phase of the COVID -19 
infections with others closely following.  
13.35.   Members should act now and make t imely and equitable access to medical products essential 
to combat COVID -19 their priority. In the context of the current pandemic,  which was costing the 
global economy US D 375 billion every month, passing th e Waiver w ould not only be a shot in the 
arm of every patient but w ould also be a shot in the arm of the world economy so that all of them 
could resume normalcy in the shortest possible time by reopening the world economy. However, the 
new normal in a post -COVID -19 dispensation require d even greater levels of multilateral coo peration 
and coordination . There was an urgent need to clarify the rules that appl ied not only to IP but also 
in many other areas. It c ould not be that in the gravest health crisis in modern history , Members  
could still not find alternative ways of dealing  with IP when people 's lives were at risk. South Africa 
stood ready to have constructive discussions to ensure that the emerging global order was one based 
on fair, inclusive, development  friendly and multilateral mandates. But first, South Africa called o n 
Members to adopt  the Waiver and save human lives.  
13.36.   The representative of Malaysia  underscore d the importance of timely access to affordable 
diagnostics, therapeutics, vaccines and other medical products to enable the world  to effectively 
contain the sprea d of COVID -19. Malaysia  had heard many delegations express ed their interest in 
global cooperation to expand supply options so that global needs c ould be met and Members  needed 
to act expeditiously on th ose expressions.  Within that context , Malaysia  welcome d discussions and 
engagements on the waiver proposal thus far  and thank ed the co -sponsors for initiating th e 
conversation of significant value during th at critical juncture. As many Members  began to gradually 
reopen their economic activities and strive to strike a balance between the lives and livelihoods of 
their people, the need for th at discussion bec ame even more pronounced.  
13.37.   Malaysia  recogni zed the role of TRIP S flexibilities in promoting access to medicines. Malaysia 
had, in the past, utili zed the existing flexibilities to promote access to medicines in particular, the 
issuance of compulsory licences to address the HIV and Hepatitis C outbreak in the country. 
However, in exercising such flexibilities under the TRIP S Agreement, Malaysia  had faced some 
practical challenges associated with the issuance of compulsory licences . Similar difficulties ha d also 
been experienced by others  as pointed out by the co -sponsors.  In view of the pressing global need 
to prevent, contain a nd treat COVID -19, Malaysia  stress ed the importance of undertaking all 
measures necessary to expand and diversify the supply of essential medicines and supplies  – 
enhancing the accessibility and affordability of such medicines, and look ed forward to advanc ing 
meaningful discussions in th at space.  
13.38.   The representative of Afghanistan  said that the COVID -19 pandemic was presenting and 
affecting economies and was  the biggest global health crisis of  the time. The effects of the pandemic 
on the health sector especi ally in LDCs were horrific and governments c ould not provide affordable 
equipment and treatment for their citizens. Afghanistan joined other Members in recalling the 
importance of solidarity and working together to ensure that intellectual property rights such as WT/GC/M/188  
 
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  patents, copyrights and industrial designs d id not create barriers to the development, manufacturing 
and supply of affordable and timely medical products essential to overcome the challenges posed by 
COVID -19. Given the ir exceptional circumstances, Afghanistan and the LDCs in general  were in dire 
need to access basic products such as medical masks, sanitizers, ventilators, vaccines and other 
medication to combat COVID -19. Hence, Afghanistan support ed the proposal and encou raged other 
Members to use the TRIPS Agreement flexibilit ies for enhancing the rapid access of Members to the 
products essential to combat th e pandemic. Afghanistan associate d with the statement made by the 
LDCs during the formal meeting of the Council  for TRIPS . 
13.39.   The representative of Pakistan  noted that, a s one of the co -sponsors, Pakistan believe d that 
it was definitely one of  the most important discussion s to have at present . If Members  had to take 
one thing that w ould deliver a tangible and meaningful s olution to fight a pandemic and at the  same 
time receive appreciation across the globe from all quarters, it was the acceptance of th at waiver 
proposal. COVID -19 was global  and had spared neither world leaders in the most advanced countries 
nor poor worker s in developing countries. Nothing was more important tha n the question of saving 
human lives. The results of th e Waiver c ould only be beneficial at a wider human level for everyone 
across the globe who were suffering at the hands of the pandemic. The scal e and urgency of th e 
unprecedented global emergency require d Members  to go beyond narrow profiteering interest.  
13.40.   The proposal ha d already garnered immense vote from international organizations, civil 
society, leading academics, world leaders and dignitaries from public and private sectors alike. 
Extensive international coverage across developed and developing countries alike was testimony to 
the importance and validity of the proposed waiver. For th ose reasons, Pakistan join ed the call to 
the entire Membership in granting th e Waiver in the interest of fighting th e collective challenge 
together. Pakistan  looked forward to continuing t he discussion with Members and hope d for an early 
and positive conclusion. Members  had to put their heads together t hat day as custodians of the world 
trading order. None of them would like to be known for saving face but not human lives.  
13.41.   The representativ e of Colombia  recalled that, a s had been previously  reiterated, the COVID -
19 pandemic was a topic that ha d the highest importance attached to it by its country during th ose 
very difficult times. Colombia  had taken note of the report circulated by the TRIPS  Council Chair and 
its content  and held a continued interest in continuing th at discussion during the new year. Colombia  
thank ed all Members who ha d raised questions  and those who ha d circulated a document on the 
potential Waiver. As part of Members'  discussions, Colombia  called on the proponents to make the 
most of th e extra time  they had  to compile all of the comments that they ha d heard from Members . 
13.42.   The representative of Turkey  recogni zed the crucial role of IP rights in research and  
development, innovation and investment in many sectors. Th at role also contribute d to the 
development of vaccines and pharmaceuticals. Th ose were unprecedented times. It was Members'  
collective responsibility to find creative solutions for equitable, affordable and timely access to 
relevant products for everyone in the fight against COVID -19 especially for developing and LDC 
Members.  In those challenging times, the welfare of every human being should be the utmost 
priority. Turkey ha d underlined the importance of solidarity since the start of the outbreak  and had 
provided medical supplies to 156 countries and 9 international organizations. In that regard, Turkey  
support ed the continuation of constructive discuss ions in  2021 in  the TRIPS Council.  
13.43.   The representative of Mongolia  said that t he WTO ha d a positive role to play in promoting 
trade in medical goods and ensuring the balance between trade, intellectual property rights and 
public health. The TRIPS Agreement ha d to be part of the wider national and international reaction 
to address the public h ealth issue. Mongolia was content to co -sponsor the timely proposal 
requesting for a waiver from certain provisions of the TRIPS Agreement for the prevention, 
containment and treatment of COVID -19 and call ed on Members to support the proposal.  
13.44.   The representative of Tunisia  reiterated its support for the proposal which would contribute 
to international efforts to address the COVID -19 pandemic. The second wave of the pandemic had 
confirmed the critical need for an appropriate, effective and shared  international response. 
Uncertainties persisted particularly in relation to access to COVID -19 treatments and vaccines as 
well as their availability as soon as possible, in sufficient quantity and at affordable prices. By rightly 
prioritising public healt h and compliance with sanitary recommendations, low -income countries had 
been forced to divert their already limited resources to the fight against the pandemic. They were 
currently bearing the full brunt of the damage caused by an unprecedented economic a nd social 
crisis which was weakening their health systems due to severe shortages of medical products, WT/GC/M/188  
 
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  putting patients suffering from other diseases at risk. Tunisia recalled the foundations of the Doha 
Declaration on TRIPS and Public Health prioritising the protection of global health and the promotion 
of access to medicines as well as  the proposed waiver's targeted time -bound framework. Tunisia 
would therefore welcome a consensus among Members that would highlight the solidarity required 
in that exceptio nal situation.  
13.45.   The representative of Japan  recogni zed the need to have unhindered and timely access to 
medical products  and Members should  focus on the international multilateral cooperation framework 
to combat COVID -19 in particular the COVAX Advance Mark et Commitment and the ACT Accelerator. 
Japan actively contribute d to such multilateral initiatives  and stresse d the importance of IP's central 
role in providing incentives for developing medicines and vaccines, and relevant medical 
technologies. Since the proposed waiver would lead to significant uncertainty for IP protection, it 
would not only undermine incentives for development of medicines and vaccines effective for treating 
COVID -19, but also impose a negative impact on increasing manufacturing capacit ies for quality and 
safe medicines and vaccines. Potential  adverse effects caused by the Waiver on medical innovation 
for combating future pandemics should also be considered . While th e proposal had been  discussed 
in the TRIPS Council, proponents ha d not fully explained the necessity for waiving certain sections 
of the TRIPS Agreement, having not yet indicated sufficient grounds that the existing framework 
was not working well. Japan would continue  to engage  constructive ly on the matter . 
13.46.   The represent ative of El Salvador  consider ed that public health was a priority in the context 
of the pandemic. As had been  mentioned in detail at the TRIPS Council, El Salvador  had carried out 
a detailed analysis of the proposal from the point of view of the health and  wellbeing of the population 
and in its commitments both at the national and international level. In choosing  to maintain the 
delicate balance that exist ed in the TRIPS Agreement , El Salvador looked forward to continuing to 
take part in th ose discussions . 
13.47.   The representative of the European Union  thank ed the Chair of the Council for TRIPS for the 
work that ha d been done and was pleased that the TRIPS Council ha d been able to agree on the 
status report . The European Union  looked forward to continuing discussi ons on th at important topic 
in 2021 . The exchanges so far ha d shown that Members agree d on the extraordinary challenges that 
they faced as a result of COVID -19, both to protect public health and to limit damage to the real 
economy. They were united in  their commitment to address them, and in their wish to provide 
universal, equitable and rapid access to vaccines and treatments.  The Europe an Union ha d been 
leading the Coronavirus Global Response for universal access to affordable treatments and 
vaccination, and was the main contributor to the COVAX Facility – the international initiative to 
ensure global access to vaccines for COVID -19. COVAX was indeed an excellent tool for wealthier 
countries to provide vaccines for deployment in countries with fewer financial means.  The European 
Union strongly encourage d other Members to help address the remaining financing needs, as 
underlined in the rec ent G20 Riyadh Leaders Declaration.  
13.48.   But there was reason for optimism. Over the last days there ha d been announcements of 
production and regulatory approvals of new vaccines – and starting deployment. The challenges 
ahead were still enormous, bearing in mi nd that the technology behind the vaccines was often new, 
production ha d never been attempted on th at scale before, and the logistics of storing and 
distributing medicines at very low temperatures – in one case minus 70 degrees Celsius – were 
daunting. But  Members should  recognise that there was now a shred of light at the end of the tunnel. 
The multilateral trading system ha d played an enabling role in the global response to the crisis, and 
that it c ould do more. Th at was the spirit in which the E uropean U nion and like -minded WTO partners 
had submitted the proposal for a "Trade and Health Initiative " through which  Members could agree 
on a number of actions in response to the current and future crises. Trade policy c ould help to keep 
markets open, avoid dama ging export restrictions, and adopt facilitation measures. The TRIPS 
Agreement and the principles of the Doha Declaration should also play a role, as they reflect ed a 
careful balance between protecting intellectual property on one hand, which was a crucial  incentive 
to innovation , and promoting widespread access to medicines and health care on the other hand.  
13.49.   The concerns raised in the TRIPS Council discussion s could be addressed through the TRIPS 
Agreement and the flexibilities it offer ed. There was the possibility in TRIP S to grant compulsory 
licences  – done by governments without the consent of a patent owner. It also include d the 
possibility of granting fast -track licences where no negotiations with a patent holder were required 
including for export to countries with no or insufficient manufacturing capacity. Th ose were 
absolutely legitimate tools for Members in need and as they were in the midst of th e pandemic, the WT/GC/M/188  
 
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  European Union wanted to be clear about that.  The European Union had  noted carefully the 
difficulties conveyed by some on the implementation of th ose flexibilities, and w as ready to discuss 
ways of overcoming them. Administrative burdens should not stan d in the way of manufacturing and 
delivering vaccines to where they were needed.  But Members  also h ad to recognise that the TRIPS 
approach was delivering results . There ha d been an unprecedented collaboration over the last 
months between governments, pharm aceutical innovators, foundations and researchers.  
13.50.   Vaccines were being approved within twelve  months of the first signs of the virus. Normally , 
such a process would have taken ten years. Only last May , reputable scientists had been  estimating 
that a lead t ime of eighteen  months had been  the most optimistic scenario for a vaccine to be 
developed and approved  – yet it was just six months since th en. It ha d been estimated that over 
1,000 potential treatments and vaccines were in development. Much of th at response, like for 
example the vaccines based on mRNA technology, buil t on knowledge and research capacity that 
had been developed over many years with the support of IP incentives.  What was most needed now, 
beyond developing vaccines, was the ramping up of manufacturing capacity, and a seamless flow  in 
the transport and distribution sectors. The best way of achieving that was by disseminating the 
technology and know -how of those who had developed the vaccines, through collaboration with 
other companies th at could contribute to the developers ' manufacturing capacity.  IP wa s a key factor 
in providing a framework that enable d that collaboration.  The needed increase of production capacity  
was already happening  as developers of vaccines were entering into manuf acturing agreements with 
producers and were expanding global production by transferring their technology to licensees.  
13.51.   No doubt more need ed to be done in the weeks and months ahead but most private sector 
companies ha d either accepted to produce at cost fo r citizens in developing countries  or had licenced 
production to producers in the developing countries including notably to producers in the countries 
that were proposing to waive certain provisions of the TRIP S Agreement, or had indicated publicly 
that th ey did not intend to enforce their IP rights.  The important and complex issues brought up in 
the context of the ongoing discussions merit ed further reflection as Members  tried to build 
agreement on the best responses to the pandemic. In th at spirit, the Eu ropean Union remain ed 
committed to continuing th at in an open and comprehensive manner as Members  sought to leverage 
all instruments to provide for a robust, rapid and universal response. The European Union  was ready 
to address th ose challenges together in a spirit of solidarity and cooperation.  
13.52.   The representative of Mozambique  noted that t he urgency of the current situation deserve d 
from Members and the global community solidarity, cooperation  and coordination of multiple actions 
to increase and  speed up the creation and provision of necessary conditions for the prevention, 
containment, treatment and eradication of COVID -19. The worsening effect of the COVID -19 
pandemic had continued to drastically affect the world in the worst way . Mozambique ha d decided 
to co-sponsor th e submission  because  COVID -19 could only be contained if collectively and globally 
addressed.  Mozambique  continue d to see the waiver as a way to rapidly go through and collectively 
address the urgent needs including diagnostics, t herapeutics and vaccines and other related matters 
necessary to ensure a rapid and effective  response to face COVID -19 – ensuring the necessary 
measures to save lives throughout the world.  Mozambique noted that the Waiver would be  effective 
for a limited  duration only  and encourage d other Members to positively support th e submission.  
13.53.   The representative of Egypt  referred to a  recent study  that suggested that at least a fifth of 
the world's population would not have access to COVID -19 vaccine s until 2022 with  wealthier nations 
reserving more than half of n ext year's  potential doses. Due to  the severity and gravity of the current 
crisis and the fact that the world did not know too much about th e virus until now, a country -by-
country and product -by-product approach using the TRIPS flexibilities remain ed limited in addressing 
IP challenges amid the pandemic . Egypt  reiterate d its support for the proposal and urge d Members 
to engage in constructive d iscussions in the Council  for TRIPS  to move forward with it. Th e Waiver 
should be an integral part of any proposed initiative to ensure a coordinated global response.  
13.54.   The representative of Bangladesh  associated with the statement made by the LDCs . 
Banglade sh ha d earlier stated that a threat to public health in one society had put humanity at risk 
everywhere. The COVID -19 pandemic ha d severely impacted everyone  – irrespective of development 
status. Nevertheless, the spread of the virus ha d worsened the healt h situation in developing 
countries, particularly the LDCs, in addition to the multiplying socio -economic challenges they 
regularly face d. Unconditional, affordable, equitable and timely access to effective vaccine s and 
other curative measures against the virus was a priority of the time. TRIPS or any other regulatory 
framework should not be brought as a hindrance to the most urgent needs of humanity today. WT/GC/M/188  
 
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  Members should  act collectively to address their shared challenges in facing  the global disaster. 
Bangladesh once again request ed a favo urable consideration of the proposal.  
13.55.   The representative of the Dominican Republic  acknowledge d the public health issues faced 
by most of the world and most of humanity especially developing and LDC Members as a result of 
COVID -19. It was urgent to show solidarity and cooperation on IP issues under the WTO to face the 
pandemic  by granting access to vaccines for the gr eatest number of people the fastest possible. The 
Dominican Republic  support ed the initiative aimed at using TRIPS Agreement provisions that 
provide d flexibilities in  responding to public health issues for the benefit of all.  COVID -19 was a 
global public h ealth crisis that humanity was facing . Members  therefore ha d to take the necessary 
measures to combat COVID -19. In line with that, the Dominican Republic support ed the decision 
regarding the TRIPS Agreement provisions particularly as they relate d to the pr evention and 
treatment of COVID -19 and hoped that the discussions on th e topic w ould continue  to take into 
account the need s of developing countries to have universal access to relevant treatments.  
13.56.   On a personal note, she said goodbye and thank ed the Membe rs including the different 
groups that the Dominican Republic were part of such as GRULAC, ACP, G -33, IGDC, among others, 
which ha d contributed to the strengthening of the position of her country in the different WTO Bodies 
taking into account each Member' s differences. Similarly, she acknowledge d the leadership of the 
General Council Chair in various meetings held at the WTO and the complexities that the pandemic 
had brought about. She congratulate d the DDGs and the Secretariat for the work that they ha d 
carried out including  the holding of the DG Selection Process – which she found to be an inclusive 
and transparent process carried out with a very high level of professionalism. She thank ed Members 
for having elected her as Chair of the Committee on Trade Facilitation where Members  continue d to 
face a number of challenges . She hoped  that they would overcome th ose and other obstacles 
including the Appellate Body i mpasse . She looked forward to the work on WTO R eform and on the 
appointment of the next Director -General  which  were important for MSMEs and export sectors. 
Members ha d the responsibi lity to show the world that the WTO was relevant and ma de sense, that 
it was there to alleviate poverty, improve living conditions and apply rules that were fair for all.  
13.57.   The representative of Canada  was pleased that Members were able to reach consensus on  
the status report and the next steps in th at important discussion. Canada was confident that 
Members w ould resolve any concrete IP challenges identified by them i n an evidence -based and 
consensual manner. Canada once again highlight ed its communication co -sponsored by Australia, 
Chile and Mexico in document IP/C/W/671 which s ought to better understand the nature and scope 
of any concrete IP challenges experienced by Members related to or arising from the TRIPS 
Agreement which  would constitute  as impediment s to the fight against COVID -19. Canada  looked 
forward to an evidence -based and fruitful discussion of th ose important issues in the TRIPS Council.  
Canada was working closely with international partners including GAVI, the COVAX Facility and 
vaccine manufacturers to ensure that all possible options were explored in developing mechanisms 
to ensure doses g ot to people around the world who need ed them.  
13.58.   Canada ha d contributed CAD 865 million to date to partners of the ACT Accelerator – a 
coalition of international organizations and countries overseeing the development, production and 
equitable distribution of affordable COVID -19 vaccines, therapeutics and diagnosti cs. Canada 
remain ed actively committed to a robust, multifaceted and global effort to address the pandemic – 
one that dr ew upon all the necessary resources and tools available in the international rule -based 
trading system as well as new mechanisms for glo bal cooperation and procurement of treatments 
for COVID -19. As equitable, timely and affordable access to testing, treatments and effective 
vaccines w ould be critical for controlling and ending th e pandemic, Canada  looked forward to 
continued engagement wi th all Members of the international community including at the WTO in 
finding solutions to th ose global challenges.  
13.59.   The representative of Singapore  said that, g iven the global impact of the COVID -19 
pandemic, there was more to bind rather than divide Membe rs. They were all in it together and ha d 
the same goals  – to protect public health and mitigate effects of the pandemic t hrough  ensuring 
access to diagnostic, vaccines and treatment.  That was best achieved in accordance with the agreed 
rules in the multila teral trading system. Singapore  was heartened that Members ha d demonstrated 
an admirable willingness to dive deeper into an evidence -based discussion to develop a better 
understanding of the issue and identify effective and constructive solutions.  Members should take a 
long-term perspective when considering the nexus between IP rights and public health. The COVID -
19 pandemic was not the first nor w ould it be the last  that the world w ould face. Any pandemic WT/GC/M/188  
 
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  would push to the forefront the question of how to achieve the optimal balance between providing 
incentives for innovation in developing new medical products and ensuring adequate supply and 
access of th ose medical products.  
13.60.   An effective and balanced IP regime provide d an important incentive for medical  innovation 
and the basis for sharing their innovation. It provide d the private and public sectors with the 
necessary confidence to invest and collaborate. As a result, private -public partnerships ha d sprung 
up in the face of COVID -19 to develop vaccines i n record time. The fact that at least one vaccine 
had received emergency approval less than a year from the outbreak of  the COVID -19 pandemic 
was evidence that the existing rules -based system ha d worked. The long term sustainability of the 
multilateral tra ding system should be safeguarded by upholding rather than suspending rules during 
a crisis.  Tackling the COVID -19 pandemic was a complex and multifaceted task. Singapore was a 
firm supporter of vaccine multilateralism and participate d actively in multi -stakeholder initiatives 
like GAVI and the Coalition for Epidemic Preparedness Innovations.  
13.61.   Those initiatives ha d established new and innovative forms of cooperation including the 
access to COVID -19 Tools Accelerator and the COVID -19 Global Vaccines Access Fa cility or  COVAX. 
Singapore was a member of the ACT Accelerator Facilitation Council where it represent ed the forum 
of small States and where it was committed to ensuring that the views of small States were reflected 
in the Council's deliberations.  Those vo luntary collaborations and the existing flexibilities under the 
TRIPS Agreement c ould ably accommodate Members' specific needs in securing access to 
diagnostics, vaccines and treatments. For example, the Serum Institute of India, which was the 
world's larg est vaccine manufacturer by volume, ha d concluded the licensing agreement with 
AstraZeneca to supply one billion doses of vaccines for low and middle income countries. Similarly, 
South Africa's Aspen Pharmacare ha d also reached an agreement with Johnson an d Johnson to 
manufacture its candidate vaccine.  
13.62.   The representative of Sri Lanka  noted that, al though success stories of three or four vaccines 
had emerged, there were no meaningful global policy solutions to ensure access to them except the 
COVAX initiative which ha d the capacity to cater to only 10% of the affected population in lower -
middle income developing c ountries and the LDCs. Given th e current  global emergenc y with the 
virus continuously mutating  in different countries with much vigo ur challenging the efficacy of the 
vaccines and posing severe strain o n health workers and infrastructure facilities , it was important 
for Members to work together to ensure that IP rights such as patents, industrial designs, copyright s 
and protection of undisclosed information d id not create barriers to the timely access to affordable 
medical products including vaccines and medicines and to scaling -up of research, development, 
manu facturing and supply of medical products essential to combat COVID -19. 
13.63.   An effective response to the COVID -19 pandemic require d rapid access to affordable medical 
products including diagnostic kits, medical masks, other personal protective equipment and 
ventilators, as well as vaccines and medicines for the prevention and treatment of patients in dire 
need. Shortages of th ose products ha d put the lives of health care and other essential workers at 
risk and had led to many avoidable deaths. It was also threate ning to prolong the COVID -19 
pandemic. The longer the current global crisis persist ed, the greater the socio -economic fallout, 
making it imperative and urgent to collaborate internationally to rapidly contain the outbreak.  
13.64.   Like other countries , Sri Lanka  desperately want ed to bring its small economy back to 
normalcy to arrest the current setbacks in all economic spheres as it c ould not any longer keep its 
viable and dynamic economic sectors  such as tourism closed to the outside world . That had 
contribute d to nearly 20% to 30% of its service s exports and was able to help promote economic 
stability in the country by providing jobs, generating income, diversifying the economy, protecting 
the environment, and promoting cross -cultural awareness.  The proponents and others such as Sri 
Lanka had shared different case studies where IP rights were likely to hinder and obstruct the 
expeditio us and affordable access to many COVID -19 related products and items. There were also 
reports about IP rights hind ering or potentially hindering timely provisioning of affordable medical 
products to the patients.  
13.65.   Sri Lanka was concerned and dismayed when some Members still require d it to demonstrate 
actual situations and instances where such hindrance and obstruction would likely to occur. Sri Lanka  
doubt ed whether th ose requests were being made with genuine intentions or rather deploying 
delaying tactics to prevent the WTO taking certain measures to ease the challenges faced  by many 
resource poor countries. Now was the time for the WTO to rise up to the collective call to defeat the WT/GC/M/188  
 
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  pandemic. The WTO  would not succeed in its efforts in rebuilding the COVID -19 affected economies 
unless it act ed now by first sav ing the lives of those who would  rebuild th ose economies. It  was time 
for Members to take collective responsibility and put people's lives before anything else.  
13.66.   Sri Lanka  hoped that Members w ould engage constructively on the proposals contained in 
the relevant documents in 2021  with the understanding that vaccines and treatments bec ame truly 
global public goods that c ould be accessed by humankind in th e current  century to collectively defeat 
the unprecedented challenge.  While commending the proponents for their courageous initia tive 
which Sri Lanka fully support ed, Sri Lanka  appreciate d immensely the Chair of the TRIPS Council for 
bringing Members  that far over the past few months on th e file and wish ed that her future efforts 
would yield the desired results with the indulgence o f the entire Membership.  
13.67.   The representative of Switzerland  said that t he discussions in the TRIPS Council ha d so far 
shown that Members share d a similar understanding of the very extraordinary circumstances in 
which the international community was facing with the COVID -19 pandemic. Members were united 
in their goal of bringing fair and equal access as soon as possible to products which w ould help tackle 
COVID -19. There was divergence on the fact that suspending a large part of the TRIPS Agreement 
throughout the pandemic would help meet that goal. Many t hought  that it could be an action which 
would do more harm than good. Switzerland also f ound it to be counterproductive and that it would 
lead to a significant legal uncertainty bringing into question a number of different international 
partnerships and other programmes aimed to ensure rapid and fair access to essential medical goods 
that were usefu l in tackling COVID -19. 
13.68.   Switzerland had put forward that the TRIPS Council continue d its discussions and move d to 
an evidence -based, concrete disc ourse on the matter . As set out in the report of the TRIPS Council 
Chair, it was necessary for Members  to continue the review of the proposed waiver  and that Members 
were prepared to continue that in the TRIPS Council. Switzerland  underst ood that until the review 
under the TRIPS Council was finished , there w ould not be a nother  report to the General Council  
concerning the progress o f those discussions . 
13.69.   The representative of Senegal  noted that i n line with the Doha Declaration on TRIPS and 
Public Health, the TRIPS Agreement should not prevent Members from taking measures to protect 
public health. T he current  socio-economic and health crisis impact ed the entire world particularly  
developing countries and LDCs. It present ed an opportunity to strengthen international solidarity 
and cooperation with a view to ensuring universal access to medical goods, medicines a nd vaccines 
to fight COVID -19. Senegal  welcome d the constructive discussion s held in the TRIPS Council and 
called on Members to continue working in that  spirit as they built consensus on th e matter.  
13.70.   The representative of the United Kingdom  said that t he ex isting IP framework ha d 
turbocharged research and development into a host of new medicines and technologies to fight 
COVID -19. In just 300 days, the world  had gone from publishing the genetic sequence for SARS -
CoV-2 to the approval of a clinically tested a nd effective vaccine with more to come. It was important 
to recognise that the IP framework had been  integral to th at success. Without it, the world  would 
not have seen the massive surge of R&D and unprecedented scaling up of production. They would 
not be talking about access to a vaccine because there would not be one.  Now that they had the 
vaccines and other innovative COVID -19 medicines and equipme nt, the question was rightly how to 
ensure rapid and equitable access for all those who need ed it particularly lower income countries.  
13.71.   That day , Members  had just heard the breaking news that Geneva's COVAX Facility ha d 
secured two billion doses of vaccines  for distribution to 190 countries starting in Quarter 1 of 2021. 
Until there  was global vaccination, the world would not recover. Th at was in all of their interest. The 
fastest way to get COVID -19 vaccines, treatments and tests to all who need ed them irre spective of 
the ability to pay was to fully fund the ACT Accelerator of which the COVAX Facility was part  of. The 
United Kingdom  had put in USD 1  billion of the global total of USD 5 billion raised so far but t he 
global vaccination initiative need ed anothe r USD 4.5 billion  and the U nited Kingdom  was asking a 
lot of major economies to join in and step up.  
13.72.   Voluntary licensing mechanisms and existing flexibilities in the existing IP framework had 
also allow ed the transfer of access to technology and knowhow.  Under th ose arrangements, 
AstraZeneca ha d reached a licensing and technology transfer agreement with the Serum Institute 
of India to supply one billion doses for lower and middle income countries. Another initiative br ought  WT/GC/M/188  
 
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  together British and Senegalese partners to share technology to produce ten million COVID -19 
antibody tests by March 2021 to be used across West Africa. They all share d a common goal of 
achieving rapid access to effective and affordable COVID -19 vaccines and medicines for all who 
needed them. It was clear that they all agree d that more need ed to be done to ensure that that 
happen ed. The U nited Kingdom  would continue to play an active part in the discussions on the topic 
in the TRIPS Counc il and on the role that the WTO c ould play in th at regard . 
13.73.   The representative of India noted that  more than half of  the Membership ha d expressed 
support  on the Waiver and  acknowledge d the tremendous support from various organizations and 
multilateral agenc ies. Rarely ha d an issue being dealt within WTO united so many divergent groups 
of society across developed, developing and least-developed countries  in delivering a clear message.  
While discovering vaccines had been  a test of science, making them accessib le and affordable was 
going to be a test of humanity. Now that they could see the silver lining in terms of emerging 
successful vaccines , it was in every Member's interest, economic or otherwise, that th e pandemic 
was brought under control as early as possible by providing an equitable, affordable and timely 
access to vaccines for all. Even for economic argument, 1%  of improvement in world GDP from the 
baseline scenario w ould add more than US D 800 billion in global output.  
13.74.   During the initial stages of the pandemic, nations pursue d their health security goals. 
Everyone had  witnessed the shortages of essential COVID -19 items like PPE kits, gloves  and 
sanitizers  at the start of the pandemic. But the world had been  able to upscale the manufacturing 
of those items by pooling resources and production capacities. At present, Members  needed the 
same pooling of IP rights and know -how for scaling up the manufacturing of vaccines and treatments, 
which unfortunately ha d not been forthcoming, necessitating the need fo r a waiver.  India 
emphasi zed that it was not a proposal only for India but for the global community at large. India 
could  be having the required manufacturing capacity and the national legislations to cater to its 
needs. But in a global pandemic, where eve ry country was affected, Members needed a global 
solution. The g lobal community should not be looking inward at th at juncture. Though Members  had 
repeatedly heard that no one was safe until everyone was safe, even the most optimistic scenarios 
that day c ould not assure access to vaccines and therapeutics for all even by the end of 2021.  
13.75.   The WTO ha d the responsibility to ensure that any of its agreement s including  on TRIPS d id 
not become a barrier to accessing vaccines, treatments or technologies in the glob al response to 
COVID -19. The Waiver was a targeted and proportionate response to COVID -19 as it s ought  waiver 
for a limited period from four specific sections of the TRIPS Agreement. It w ould ensure that the 
intellectual property rights d id not restrict rapid scaling up of manufacturing of COVID -19 products. 
All Members ha d agreed that  the real challenge now was to ramp up manufacturing capacity.  
13.76.   India welcome d the global cooperation initiativ es including COVAX and ACT -accelerator. 
Those initiatives were however  inadequate to meet the massive global needs of the 7.8 billion people 
of the world. None of the pharma ceutical  companies developing the vaccines ha d joined the WHO's 
C-TAP initiative wh ich encourage d voluntary contribution of IP, technology and data to support global 
sharing and scale -up of manufacturing and supply of COVID -19 medical products.  Compulsory 
licenses were issued on a country -by-country, case -by-case and product -by-product b asis, where 
every jurisdiction with IPs would have to issue separate compulsory license s, practically making 
collaboration among countries extremely onerous. While the proponents encourage d the use of 
TRIPS flexibilities, the same were time -consuming and c umbersome to implement. Hence, their use 
in the context of  the COVID -19 pandemic d id not present a viable option.  
13.77.   Over the course of four formal and informal meetings of the Council  for TRIPS , the 
proponents ha d provided substantive answers including evide nce-based answers to the questions 
raised by some Members with the spirit of constructive engagement. The proponents  would be 
interested in knowing that further evidences were sought. It was important to keep in mind that 
how the  Membership chose to respond to th e pandemic t hat day w ould be remembered for years to 
come. Members  needed to take time -bound action now and prove to the world that  the WTO c ould 
deliver in times of crisis. History was being written t hat day. It was up to the Members to choos e 
which side of history they would like to be. India hoped that all  Members w ould rise to the collective 
call of action and c ould achieve consensus for the Waiver that was crucial for saving people 's lives.  
13.78.   The representative of Nepal  said that t he matter had been rigorously discussed in the 
meetings of the TRIPS Council held in October, November and December. Sufficient justification had 
been well presented by the proponents and other supporters including Nepal. Therefore, without WT/GC/M/188  
 
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  adding further justificat ion, Nepal  fully support ed the proposal and request ed all Members to 
positively consider it and take a meaningful decision at the  General Council. It w ould help shape the 
lives of millions of people across the world during  the COVID -19 pandemic.  
13.79.   The repres entative of Chad, on behalf of the LDCs , noted that the  proposal ha d a very noble 
goal of ensuring that intellectual property rights such as patents, industrial designs, copyrights and 
the protection of undisclosed information d id not create obstacles to t he timely access to affordable 
medical goods including vaccines and medicines. According to the recent UNCTAD report, since the 
beginning of the pandemic, every inhabitant of a high income country ha d on average seen the 
benefits of an extra USD  10 per mon th with regard to the import of COVID -19 products. Th at amount 
was much lower in the LDCs . Given the exceptional circumstances, it was important to remove 
potential barriers related to intellectual property. It was likewise important to take all of the 
necessary measures to ensure that everyone had  access to affordable vaccines and medicines. The 
LDC Group urge d all Members to construct ively engage and be on  the good side of th e issue.  
13.80.   The representative of Indonesia  said that t he TRIPS Agreement was a critical agreement in 
the discussion of access to health. The importance of the agreement ha d been highlighted not only 
by the WTO but al so in the field of human rights concerning access to medicines for the right of 
everyone to the enjoyment of the highest attainable standard of physical and mental health. Special 
compulsory licensing was an achievement in itself. However, the fact that th ere had only been a 
single case of implementation had highlighted the ineffectiveness of the system due to its complexity 
and impractical application  – not to mention that those who had tried to implement the system w ould 
be scrutinized by their trad ing partners. While call ing on Members who were yet to ratify the Special 
Compulsory Licensing System to do so at the earliest, Indonesia  also support ed the effort by the 
TRIPS Council to simplify the procedures to ensure the effectiveness of the system . 
13.81.   On the propos ed waiver, the pandemic had highlighted the shortfalls of the TRIPS Agreement 
in addressing a global health crisis. The Waiver was Members'  response to ensure that IP rights 
would not become barriers for scaling up production of much needed medicines, vaccines, 
diagnostics and other essential medical products to combat COVID -19. Ramping up production was 
the key to unblock the affordable, equitable and rapid access of th ose much ne eded products. 
Indonesia ha d shared its experiences in the TRIPS Council on questions posed by some Members on 
how IP rights could become a serious hindrance to the rapid access in critical situations. Given the 
extraordinary circumstances, Members  should have a clear timeline to ensure that the discussion on 
that very important issue would conclu de in light of the spread of the pandemic. Indonesia  looked 
forward to continue the discussions on the proposal to advance global solidarity and scale up 
productio n to fulfil the need for access to the vaccines, medicines and health equipment to combat 
COVID -19 for the benefit of all . 
13.82.   The representative of Nigeria  noted that, g iven the threat to humanity posed by COVID -19, 
the WTO should and c ould play a role in ens uring that patents and other intellectual property rights 
did not constitute barriers to upscaling of research, development, manufacturing and supply medical 
products essential to combat COVID -19. To date , COVID -19 was the most widely spread pandemic 
affecting the global community. By implication, there was an urgent need for everyone to have 
access to the vaccines. The TRIPS Agreement had provided flexibilities but the administrative 
procedures were too cumbersome. In view of the  urgent  need to have access  to vaccines by 
developing countries and LDCs in order to combat COVID -19, the proposal for a waiver, if approved 
by the General Council, w ould go a long way in assisting Members with low capacity to have access 
to the vaccines. Nigeria  therefore support ed the joint proposal in document IP/C/W/669.  
13.83.   The Chairman  said that the  discussion t hat day ha d well highlighted the importance that 
Members had attached to th e issue and he encourage d all delegations to remain positively engaged 
in the further discussions in the TRIPS Council. He also thank ed the TRIPS Council Chair for her 
leadership. As had been  heard earlier, the TRIPS Council w ould report back to the General Council 
in line with Ar ticle IX:3 of the Marrakesh Agreement.  
13.84.   The General Council took note  of the TRIPS Council Chair's report and of the statements .12 
 
12 At its request, the statement of the delegation of Oman  is incorporated in the Minutes of this General 
Council meeting and can be found in Annex 6 of this document.  WT/GC/M/188  
 
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  14  WAIVERS UNDER ARTICLE IX OF THE WTO AGREEMENT  
14.1  Introduction 0f Harmonized System 2002 Changes into WTO Schedules of Tariff 
Conc essions – Draft Decision (G/C/W/782)  
14.2  Introduction of Harmonized System 2007 Changes into WTO Schedules of Tariff 
Concessions – Draft Decision (G/C/W/783)  
14.3  Introduction of Harmonized System 2012 Changes into WTO Schedules of Tariff 
Concessions – Draft Decisi on (G/C/W/784)  
14.4  Introduction of Harmonized System 2017 Changes into WTO Schedules of Tariff 
Concessions – Draft Decision (G/C/W/785)  
14.1.   The Chairman  recalled that  the draft waiver decisions in sub -items 14(a) to 14(d) had been  
taken up for consideration by the Council for Trade in Goods at its November meeting. For th ose 
items, the Chairman of the Council for Trade in Goods was required to report to the General Counc il. 
He therefore invite d Ambassador Anzén , Chairman of the Council for Trade in Goods , to report on 
the Council's consideration of th ose matters in a single intervention.  
14.2.   Ambassador Mikael Anzén  (Sweden ), Chairman of th e Council  for Trade in Goods , report ed 
that the Council for Trade in Goods, at its meeting of 25 and 26 November 2020, had considered 
and had approved four collective waiver requests relating to the introduction of Harmonized System 
changes into WTO Schedules of Co ncessions. Th ose four collective waiver requests had been  
discussed at the Market Access Committee meeting of 12 and 16 November 2020 and had been 
forwarded to the Council for Trade in Goods  for its consideration.  
14.3.   He report ed that, after the CTG meeting, E cuador had requested the Committee on Market 
Access to be included in the Annex to the waivers concerning the HS2012 and HS2017, as from 1 
January 2013, and as from 1 September 2017, respectively.  
14.4.   The four collective waiver requests were extensions to the current waivers on the introduction 
of Harmonized System 2002, 2007, 2012, and 2017 changes into WTO Schedules of Concessions, 
and were contained in the documents listed in the Airgram of t hat day's meeting (G /C/W/782, 
G/C/W/783, G/C/W/785 and G /C/W/785). The CTG had recommended that the draft waiver 
decisions contained in th ose waiver requests be forwarded to th e Council for adoption.  
14.5.   The Chair man said that u nless delegations wish ed to comment on the draft decisions, he  
propose d that,  in accordance with the Decision -Making Procedures under Articles IX and XII of the 
WTO Agreement agreed in November 1995 (WT/L/93), the General Council adopt ed tho se four draft 
Decis ions referred to by Ambassador Anzén  in his report, and which relate d to the Introduction of 
Harmonized System 2002, 2007, 2012 and 2017 changes into WTO Schedules of Tariff Concessions , 
including  with respect to the request by Ecuador to be added in the Annex to the waivers in 
G/C/W/784 and G/C/W/785 . 
14.6.   The General Council so agr eed.13 
14.5  Review of Waivers Pursuant to Article IX:4 of the WTO Agreement  
14.5.1   Preferential Treatment in favour of Services and Service Suppliers of Least -
Developed Countries, granted on 17 December 2011 until 31 December 2030 (WT/L/847, 
WT/L/982)  
14.5.2   Preferential tar iff treatment for least -developed countries, granted on 
16 October  2019 until 30 June 2029 (WT/L/1069)  
 
13 The decisions were subsequently circulated in documents WT/L/1104, WT/L/1105, WT/L/1106 and 
WT/L/1107 . WT/GC/M/188  
 
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  14.5.3   Cuba – Article XV:6 – Extension of waiver, granted on 7 December 2016 until 
31 December 2021 (WT/L/1003, WT/L/1102)  
14.5.4   European Union – Application of Auton omous Preferential Treatment to the 
Western Balkans, granted on 7 December 2016 until 31 December 2021 (WT/L/1002, 
WT/L/1103)  
14.5.5   United States – African Growth and Opportunity Act, granted on 
30 November  2015 until 30 September 2025 (WT/L/970, WT/L/1097)  
14.5.6   United States – Caribbean Basin Economic Recovery Act, granted on 
16 October  2019 until 30 September 2025 (WT/L/1070, WT/L/1096)  
14.5.7   United States – Former Trust Territory of the Pacific Islands, granted on 
7 December 2016 until 31 December 2026 (WT/L/1000, WT/L/1 098 and 
WT/L/1098/Corr.1)  
14.5.8   United States – Trade Preferences granted to Nepal, granted on 7 December 2016 
until 31 December 2025 (WT/L/1001, WT/L/1099)  
14.7.   The Chairman  recalled that , in accordance with Paragraph 4 of Article IX of the WTO 
Agreement, "any waive r granted for a period of more than one year shall be reviewed by the 
Ministerial Conference not later than one year after it is granted, and thereafter annually until the 
waiver terminates." There were eight waivers before the General Council for review a nd they were 
listed in the proposed Agenda.  He stressed that t hose waivers ha d already been agreed by the 
General Council and that they were in force. The General Council was not expected to take any new 
decision on their renewal or otherwise at th at meeting.  
14.8.   Five of the waivers under review provide d that an annual report should be submitted by the 
Member concerned regarding the operation or implementation of those waivers with a view to 
facilitating their annual review by the General Council. The thr ee reports from the United States and 
the reports from Cuba and the European Union ha d been circulated in documents WT/L/1096 , 
WT/L/109 7 and WT/L/ 1098 including the corrigend a, and WT/L/1102 and WT/L/1103, respectively.  
14.9.   The representative of Saint Lucia , on behalf of  CARICOM , said that t he United States remain ed 
a key trading partner of CARICOM and represent ed its  single largest export market. CARICOM  had 
deep economic ties and place d a very high priority with its relationship with the United States. Th at 
relationship ha d become concrete  and had been cemented through the United States' longstanding 
trade, development and recovery support to the Caribbean Community countries through the CBERA. 
While tak ing note of the declining export performance from the Car ibbean Region to the United 
States, the CBERA continue d to provide vital market access to the small vulnerable economies of 
the Caribbean and ha d assisted firms including many small ones to beneficially integrate into value 
chains. It provide d secure acces s to critical supply chains and a vast market for a range of products 
across diverse economic sectors.  
14.10.   That trade development support ha d become even more relevant in light of the increase 
susceptibility of the region to natural disasters such as hurricane s, earthquakes and severe coastal 
flooding. The Caribbean was a zone of peace and security. Key to preserving th at state of being was 
the maintenance of crucial economic and trade ties. Given CARICOM's  unique circumstances and 
vulnerabilities, the CBERA wa iver was a key policy tool that support ed the economic resilience and 
social stability of the region. CARICOM  underscore d the economic recovery nature and objectives of 
the CBERA and thank ed the United States for its valued partnership with the region through the 
CBERA and other mechanisms of support. CARICOM  thank ed the United States for its submission 
and its continued partnership.  
14.11.   The representative of Jamaica  associate d with the statement  made by CARICOM. The CBERA 
was a vital element in the Jamaica -US trade and economic relations which ha d served to facilitate 
increased integration between the economies of the two countries. It ha d contributed positively to 
Jamaica's economic development through private sector initiatives, expanded foreign and domestic 
investment in not only traditional but in particular non -traditional sectors and ha d served to diversify 
Jamaica's export product profile. It was also an important source of income and emplo yment. The WT/GC/M/188  
 
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  United States  had been Jamaica's main trading partner since the 1960s accounting for just over 
40% of Jamaica's total merchandise trade. Trade was therefore a critical part of its strategic 
partnership with the United States.  
14.12.   The extension of th e CBERA which expand ed the Caribbean Basin Trade Partnership Act  to 
September 2030 was welcomed by Jamaica . That development was of fundamental importance for 
Jamaican exporters to the US market under the CBERA. Jamaica greatly value d the market access 
opportunities provided under th ose programmes for both its traditional and non -traditional products. 
It would prove instrumental th at time when sustained economic growth and job creation ha d gained 
even greater prominence for the country as it continue d to grapple with the devastating effects of 
the COVID -19 pandemic. Jamaica  thank ed the United States for its submission.  
14.13.   The General Council took note  of the reports in documents WT/L/1096, WT/L/1096/Corr.1, 
WT/L/1097, WT/L/1097/Corr.1, WT/L/1098, WT/L/1098/Corr .114, WT/L/1098/Corr.2, WT/L/1099, 
WT/L/1102 and WT/L/1103  and of the statements .15 
15  REVIEW OF WTO ACTIVITIES  
15.1  General Council (WT/GC/W/809), Dispute Settlement Body (WT/DSB/81) and 
Trade Policy Review Body (WT/TPR/452)  
15.2  Sectoral Councils (G/L/1381, S/C/60, and IP/C/87) and Committee on Agriculture 
(G/L/1380)  
15.3  Committees on Trade and Development (WT/COMTD/100), Trade and Environment 
(WT/CTE/27), Balance -of-Payments Restrictions (WT/BOP/R/118), Budget, Finance and 
Administration (WT/BFA/192), and Region al Trade Agreements (WT/REG/31)  
15.4  Working Group on Trade and Transfer of Technology (WT/WGTTT/22)  
15.5  Committees under the Plurilateral Trade Agreements (GPA/AR/3, WT/L/1100 – 
TCA/16)  
15.1.   The Chairman  referred to the reports listed under item 15 of the agenda which had been 
prepared in line with the Decision concerning Procedures for an Annual Overview of WTO Activities 
and for Reporting under the WTO (WT/L/105).  He noted that  the Committee on Agriculture had met 
after the meeting of the Council for Trade in Goods. F or that reason, its Annual Report ha d been 
forwarded directly to the General Council. He also note d that the Working Group on Trade, Debt and 
Finance w ould report at a later stage.  
15.2.   He propose d that, in accordance with past practice, the General  took action  on those reports. 
He invite d the General Council to adopt the report of the Committee on Trade and Development in 
document WT/COMTD/100, and to take note of the reports of the other WTO bodies, including the 
reports of the Committees under the Plurilatera l Trade Agreements, listed in the Proposed Agenda.  
15.3.   The General Council  so agreed . 
15.4.   The Chairman  propose d that the General Council adopt ed the draft Report of the General 
Council contained in document WT/GC/W/809, on the understanding that the Secretariat w ould 
make the necessary adjustments to that Report to include matters that ha d been considered at th e 
current  meeting.  
15.5.   The General Counci l so agreed .16 
 
14 Issued in English only.  
15 At its reques t, the statement of the delegation of Chad, on behalf of the LDCs,  is incorporated in the 
Minutes of this General Council meeting and can be found in Annex 7 of this document.  
16 The 2020 Annual Report of the General Council was subsequently circulated in W T/GC/2 27. WT/GC/M/188  
 
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  16  APPOINTMENT OF OFFICERS TO WTO BODIES – ANNOUNCEMENT BY THE CHAIR 
PURSUANT TO PARAGRAPH 7.1(A) OF THE GUIDELINES (WT/L/510)  
16.1.   The Chairman  recall ed that the relevant Guidelines provide d that the outgoing General Council 
Chair conduct ed consult ations on the appointment of Chairpersons to the WTO bodies in Groups 1, 
2, 4 and 5 of its Annex. The Guidelines also stipulate d that the selection process should start with 
the Chair's announcement at the last regular General Council meeting of the year. In accordance 
with the Guidelines, he would be assisted in the selection process by the serving DSB Chair – 
Ambassador Dacio Castillo.17 
16.2.   A list of past Chairs of major bodies was available to delegations at th at meeting. He stress ed 
that in accordance with  the Guidelines, representatives of Members in financial arrears for over one 
full year c ould not be considered for appointment.  Consultations would begin early in January.  He 
therefore encourage d the four group coordinators – (i) Africa, (ii) Asia and the  Pacific; (iii) Latin 
America and the Caribbean, and (iv) developed countries – to already begin their process of internal 
consultations now so that they c ould be in a position to present names in early January.  
16.3.   The process would begin with a collective meeting of group coordinators, and a specified time -
period would subsequently be indicated in which he and his colleagues  would be available to hear 
the views of all interested delegations. He urged all delegations to work with group coor dinators with 
a constructive spirit. As the Guidelines clearly stipulate d, the process of appointment of Chairs was 
a routine annual "housekeeping'' function whose purpose was to ensure that the organization 
continue d to be able to handle its business in a  smooth and seamless way and which should be 
approached in a way conducive to the smooth conduct of ongoing business. He count ed on 
everyone's cooperation and positive engagement.  
16.4.   The General Council took note  of the Chairman's statement.  
17  COMMITTEE ON BUDG ET, FINANCE AND ADMINISTRATION – REPORTS ON MEETINGS 
OF OCTOBER AND NOVEMBER 2020 (WT/BFA/189, WT/BFA/190, WT/BFA/191)  
17.1.   The Chairman  drew attention to the reports in document WT/BFA/189, WT/BFA/ 190 and 
WT/BFA/ 191 and invite d Ambassador Teehankee , Chairman o f the Committee on Budget, Finance 
and Administration, to introduce them. The General Council w ould then take action on the 
recommendations from the Budget Committee. Subsequently, Ambassador Teehankee w ould 
provide an update on Administrative Measures for  Members and Observers in arrears.  
17.2.   Ambassador Manuel Teehankee (Philippines), Chairman of the Committee on Budget, Finance 
and Administration , reported that, s ince his last report to the General Council, the CBFA ha d met on 
several occasions. He present ed to Members  the reports of the CBFA for meetings that  had taken 
place in October and November. His remarks t hat day w ould focus on the meeting of the CBFA held 
on 19 November 2020, and the items recommended for approval by the General Council. The report 
of the 19 November meeting was circulated in document  WT/BFA/191.  
17.3.   With respect to the ITC 2021 Budget Proposal in document  JOB/BFA/44 , the CBFA had 
discussed the proposal during its meeting of 23 June 2020. He had  also held consultations with 
delegations and ITC management to gather further information. The consultations had been  
constructive and  had helped clarify procedures  and issues. He was pleased to inform Members that, 
following th ose discussions, the CBFA ha d endorsed the ITC 2021 Budget proposal. The Committee 
was therefore submitting the following recommendation to the General Council for approval:  
"The Committee recommends to the General Council that the budget for 2021 of the 
International Trade Centre UNCTAD/WTO be approved in the amount of CHF 36,686,250. With 
miscellaneous income being estimated at CHF 200,000, the amount to be provided by the 
WTO to  the International Trade Centre UNCTAD/WTO budget for 2021 shall be 
CHF 18,243,125."  
 
 
17 In line with the Guidelines, the former General Council Chair, Ambassador Sunanta Kangvalkulkij, is 
also assisting in the selection process.  WT/GC/M/188  
 
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  17.4.   Concerning the WTO 2021 Budget Proposal in document WT/BFA/W/523/Rev.1, delegations 
would recall the protracted deliberations on the 2020 -2021 WTO budget proposal that had taken  
place in 2019. In the final analysis, the CBFA had made a recommendation to the General Council 
to approve the 2020 budget and further, in light of exceptional circumstances in 2019, to take note 
of the proposed 2021 WTO budget which would be subje ct to finalization on 2020.  
17.5.   The WTO 2021 budget proposal had been  formally presented to the CBFA on 23 June, and it 
had been  discussed by Members during meetings held on 7 July, 17 September and 5 October. 
Following that meeting, the Secretariat had circul ated, on 6 October 2020, a non -paper setting out 
changes that had been suggested to clarify some of the paragraphs in the 2021 WTO Budget 
Proposal. The clarifications identified in that non -paper ha d been reflected in document 
WT/BFA/W/523/Rev.1 dated and released on 9 November 2020. He had  also held informal 
consultations with delegations which had been  very helpful.  
17.6.   He was very pleased to inform delegations that following th ose discussions, the Committee 
had endorsed the WTO 2021 Budget Proposal at its me eting held on 19 November 2020, and was 
herewith submitting the following recommendation to the General Council for approval:  
"The General Council,  
HAVING CONSIDERED  
The 2021 WTO Budget, which amounts to CHF 197,203,900, as set forth in Tables 1, 2, and 
3 and the scale of contributions in Table 5 of document WT/BFA/W/523/Rev.1  
RESOLVES THAT  
The 2021 WTO Budget, be financed as follows:  
a. Contributions from Members in the amount of CHF 195,500,000; and  
b. Miscellaneous income of CHF 1,703,900.  
APPROVES the W TO Budget for 2021 as presented in document WT/BFA/W/523/Rev.1 
amounting to CHF 197,203,900."  
17.7.   The General Council approved  the Budget Committee's specific recommendation in 
paragraph  4.15 of WT/BFA/191 concerning the ITC 2021 Budget Proposal; approved  the specific 
recommendation in paragraph 5.23 of WT/BFA/191 concerning the WTO 2021 Budget Proposal; took 
note of the CBFA Chairman's statement and adopted  the reports in WT/BFA/189, WT/BFA/190 and 
WT/BFA/191.  
17.8.   The Chairman  recalled that t he General Counci l Procedures for Members and Observers 
subject to Administrative Measures in WT/BFA/132 require d that, at the end of each meeting of the 
General Council, the Chair of the Committee on Budget, Finance and Administration w ould provide 
information with regard  to which Members and Observers were under Administrative Measures.  
17.9.   Ambassador Manuel Teehankee (Philippines), Chairman of the Committee on Budget, Finance 
and Administration , recalled that  the administrative measures applicable to Members and Observers 
with arrears in contribution ha d been in place since 1 March 2013. In accordance with the decision 
of the General Council, he should state all Members and Observers under all categories of 
administrative measures.  
17.10.   As of 18 December 2020, there were currently  a total of 1 3 Members and 5 Observers under 
Administrative Measures. He would begin by reading out the list of Members and Observers subject 
to Measures of Category III. Currently 6 Members were subject to measures of Category III. Th ose 
Members were: Ant igua and Barbuda; Burundi; Central African Republic; Guinea -Bissau; Sierra 
Leone  and Bolivarian Republic of Venezuela. In addition, the following 3 Observers were subject to 
measures of Category III: Libya; Sao Tomé and Principe and Somalia.  WT/GC/M/188  
 
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  17.11.   The following 4 Members were subject to measures of Category II: Congo; Democratic 
Republic of Congo; Senegal and Yemen. Further to Annex B to the Financial Regulations 
(WT/L/156/Rev.3, 27 February 2015), the Members and Observers that he had listed as being 
subject to measures of Category III  were also subject to measures of Category II.  
17.12.   The following 3 Members were currently subject to measures of Category I only: Cuba; 
Ghana and Guinea. In addition, the following 2 Observers were currently subject to measures of 
Category I only: Iran and Syrian Arab Republic. Further to Annex B to the WTO Financial Regulations, 
the Members and Observers that he had  listed earlier as being subject to measures of Categories III 
and II, were also subject to mea sures of Category I.  
17.13.   With regard to th at matter, the Committee on Budget, Finance and Administration ma de the 
following recommendation to the General Council: "The Committee invites the General Council to 
urge Members and Observers under Administrative Mea sures to liquidate their arrears."  He extend ed 
appreciation to delegations who , prior to the General Council meeting , had also remitted their 
contributions.  
17.14.   The Chairman  recalled that, as required by the General Council Procedures, at each General 
Council meeting, he invited the Members and Observers in Categories II and III of the Measures to 
inform the Secretariat as to when their payment of arrears could  be expected.  
17.15.   The representative of Cuba noted that it was  a Member subject to administrative measures  
due to its late payment of the contribution to the organization's budget. Between 2009 and 2020, 
particularly at the end of th at period  during  the COVID -19 pandemic, Cuba continue d to face 
economic and financial embargo from the United States which  had been aggravated by the hostility 
of the Trump Administration  – particular ly impact ing the financial services sector. Among the 
measures include d fines to foreign banks for having conducted transactions with Cuba; the adding 
of Cuban companies to unilateral lists and the application of US legislations and other measures 
against foreign companies and vessels that transport ed goods to Cuba.  
17.16.   Multi-million dollar fines on foreign banks continued to be imposed for transacting with Cuba 
which ha d led to Cuban transactions be ing conducted through  more difficult and burdensome 
processes which would otherwise be the case . Those  related in particular to the fines applied to 
companies from the banking and financial sectors (i.e. banks in Germany, Austria, Italy and the 
United Kingdom). The embargo continue d to have a financial impact and create d risks in  the country 
resulting in huge difficulties for Cu ban companies to access banking loans under favourable 
conditions including the payment of interest rates that were higher than usual . 
17.17.   There was also the issue of late internal payments including those subject to negotiation. 
Cuba had to consequently  use resources that would  have otherwise be en used to build its productive 
capacity or to help its people  through social priority programmes. However, d ue to th ose measures, 
Cuban banks instead ha d to face th ose great difficulties on a daily basis to allow them to conduct 
their day to day business  pushing Cuba to  seek new alternatives to be able to ensure financial flows 
continue d in the country . Between April 2019 and March 2020,  for several reasons,  the number of 
foreign banks transacting  with Cuban banks had g one up to 136.  
17.18.   In addition , it was almost impossible for Cuba to use t he US dollar in its financial and other 
transactions. As a result, Cuba had had banking operations and other contracts cancelled – impacting 
foreign banks since they could  not make  any transfer s to or from Cuba as well as transactions within 
the country . Despite th ose challenges , Cuba reiterate d its firm determination to meet its  financial 
obligations on the international setting including in its commitment in relation to  the WTO budget.  
17.19.   The General Council took note  of the statements.  
18  OTHER BUSINESS  
18.1  G20 Leaders' Declaration – Riyadh Summit – Statement by the Kingdom of Saudi 
Arab ia 
18.1.   The representative of the Kingdom of Saudi Arabia , speaking under "Other Business" , said 
that it had been  honoured to host the G20 Leaders' Summit virtually during the period of 21 -22 WT/GC/M/188  
 
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  November. It had been  the second meeting for the G20 Leaders under th e Saudi Arabian Presidency 
in that exceptional year. The first meeting of the G20 Leaders had been  held virtually on 26 March 
to support a coordinated global response to the COVID -19 pandemic. The Saudi Arabian Presidency 
had set one goal – realising oppor tunities of the 21st century for all – which addresse d three things: 
empowering people, safeguarding the planet, and shaping new frontiers. Th ose themes were 
relevant now more than ever for overcoming th e global crisis – building an inclusive, resilient an d 
sustainable recovery and shaping a better world for all.  
18.2.   The G20 had adopted the priority to be implemented on top of which was addressing the 
healthcare, economic and social impact of the COVID -19 pandemic. They had also agreed to take all 
necessary measures to protect lives and livelihoods and support the most vulnerable groups. To 
achieve th at, the G20 had taken  several action s in 2020 . First, the G20 countries  had pledged after 
the outbreak more than USD 21 billion to support the immediate funding needs notably for the 
development of diagnostic tools, vaccines and effective therapeutics. Second, as a part of 2020's 
G20 Action Plan, the G20 had injected over US D 11 trillio n into the global economy to support 
businesses and protect individuals' livelihoods. Third, the G20 had provided support to the 
vulnerable, emerging and low income countries to help overcome the pandemic in th e form of debt 
relief worth more than USD 14 billion.  
18.3.   At the end of the Summit, the G20 Leaders had endorsed the Riyadh Leaders' Declaration 
circulated in document WT/L/1101. In the declaration, the G20 Leaders had expressed their strong 
commitment to coor dinated global action, solidarity, and multilateral cooperation. They had 
committed to working together to overcome the COVID -19 pandemic, restore growth and jobs and 
build a more inclusive, sustainable and resilient future. The G20 Leaders had agreed to s pare no 
efforts to creating the conditions of affordable and equitable access to COVID -19 vaccines, 
therapeutics and diagnostic tools. The G20 Leaders had committed to continue supporting the 
multilateral trading system and reali se the goal of fair, inclus ive, non -discriminatory, transparent, 
predictable and stable trade and investment environment in keeping markets open.  
18.4.   Leaders had also endorsed the G20 Action to support world trade and investment in response 
to COVID -19 and recognise the contribution tha t the Riyadh Initiative on the Future of the World 
Trade Organization ha d made by providing an additional opportunity to discuss and reaffirm the 
objectives and foundational principles of the multilateral trading system as well as to demonstrate 
their ongo ing political support for the necessary reform of the WTO including in the lead up to MC12. 
Saudi Arabia  thank ed all G20 members, guest countries and international organizations, the business 
community and the civil society for their participation and cont ribution throughout the entire year of 
the Saudi G20 Presidency. Saudi Arabia  looked forward to the next meeting of the G20 in Italy in 
2021 and wish ed all the best for Italy in its upcoming presidency.  
18.5.   The representative of Japan  took the floor  as Japan was one of the troikas of the G20 in 2020. 
At the Riyadh Summit, the G20 leaders had successfully sent a clear message on what they 
envisage d for the post -pandemic world, including international cooperation to secure sufficient 
access to vaccines and medici nes, recovery of the global economy, resumption of international 
travel, promotion of digitalization and actions to tackle climate change.  
18.6.   On trade, the G20 leaders had agreed to "strive to reali se the goal of a free, fair, inclusive, 
non-discriminatory, t ransparent, predictable and stable trade and investment environment. " 
Furthermore, the G20 had showed the political will to promote WTO Reform through the Riyadh 
Initiative. Japan  looked forward to follow up th ose achievements and overcome global challenge s in 
cooperation with the relevant Members and stakeholders under the new leadership provided by Italy.  
Japan appreciate d Saudi Arabia' s leadership as the G20 Chair which  had brought a substantive 
outcome during th at unprecedented and challenging time due to the C OVID -19 pandemic.  
18.7.   The General Council took note  of the statement.  
18.2  Procedural Guidelines for WTO Councils and Committees Addressing Trade Concerns 
– Statement by the European Union  
18.8.   The representative of the European Union , speaking under "Other Business" , took the floor 
on behalf of all co -sponsors of the proposal for "Procedural Guidelines for WTO Councils and 
Committees Addressing Trade Concerns" . The European Union  inform ed Members that the co -WT/GC/M/188  
 
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  sponsors  were continuing outreach on the proposal. They had been receiving useful feedback and 
would like to bring forward a number of conversations before reverting to th e General  Council. The 
co-sponsors w ould therefore continue engaging with Members on their question s and comments and  
intend ed to resume their conversation in th at forum at the next opportunity.  
18.9.   The General Council took note  of the statement.  
18.3  International Year of the Creative Economy for Sustainable Development 2021 – 
Statement by Oman  
18.10.   The representati ve of Oman , speaking under "Other Business" , referred to t he UN General 
Assembly in its decision in A/C.2/74/L.16/Rev.1 dated 8 November 2019 which stated : 
"Stressing that the creative economy can contribute to the three dimensions of sustainable 
development and the achievement of the 2030 Agenda, including by fostering economic 
growth and innovation, eradicating poverty, creating full and productive employment and 
decent work for all, improving the quality of life and empowerment of wo men and young 
people, and reduce inequality within and among countries,  
Stressing the importance of regular, reliable and comparable data on the contribution of the 
creative economy to the achievement of the Sustainable Development Goals,  
1. Decides to declare 2021 the International Year of Creative Economy for Sustainable 
Development;  
2. Encourages all Member States, organizations of the United Nations system and other 
international and regional organizations, as well as civil society, private sector, non -
governmental organizations, academics and individuals, to observe the International Year 
in an appropriate manner and in accordance with national priorities, in order to raise 
awareness, promote cooperation and networking, encourage sharing best practices and 
experiences, enhance human resource capacity, promote an enabling environment at all 
levels as well as tackle the challenges of creative economy;  
3. Invites the United Nations system and all relevant stakeholders to contribute to and 
support the Internati onal Year;"  
18.11.   Oman was a country that was rich with history, culture, heritage, crafts, designs, arts, music, 
fashion and gastronom y, with diverse traditions and cultural expressions. The famous Omani dagger,  
like the one behind her,  the Omani international perfume called Amouage with its distinguished 
Omani dagger design  which could be found at Globus and Bongénie , the very well -known Omani 
Halwa, the Omani singing called Al -Azi, the Omani famous  organic frankincense  and the Omani 
beautiful fashions that som e delegations had  seen Omanis  wear during their national days  were just 
some examples of the wealth and richness  of Omani culture and heritage . 
18.12.   Oman therefore took the opportunity to  bring to Members ' attention the importance of the 
creative industries and  their contribution to the economic development and employment in many 
countries  particularly in developing countries  and LDCs. It was important to mention that many 
countries were experiencing the negative impact of COVID -19 on the Creative Economy and on  those 
who work ed in that sector. Consequently, the negative effects of the pandemic on creative industries 
would affect the economic growth of countries post COVID -19. 
18.13.   Before the pandemic had hit, UNCTAD had published the Creative Economy Outlook report 
2018 which, according to UNCTAD, had shown growth and dynamism in international trade of 
creative goods and services . Between 2002 and 2015, the global market for creative goods – 
dominated by design, fashion and film – had more than doubled in size from USD 208 billion to USD 
509 billion. Contribution of the sector to the global GDP was at 3%.  
18.14.   WTO agreements play ed an important role in creative industries through the TRIPS 
Agreement, the Agreement on Trade Facilitation, the GATT, the GATS, the TBT Agreement , and the 
Work Programme on E lectronic Commerce.  For example, creative industries were covered under  the 
schedule of  specific commitments on audio -visual and tourism related services which were important WT/GC/M/188  
 
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  sectors in creative industries. The link between tourism and the demand for creative goods and 
services was well known.  
18.15.   MSMEs constituted the m ajority of those  who work ed in the creative industries. Some 
characteristics of th e sector were its vulnerability, nature of activity, seasonality of activity, job 
intensive ness, nature of service offered was not essential, size of company was MSMEs, absence of 
social protection, lack of IP protection, digital illiteracy and difficult y in finding funding.  
18.16.    In many developing countries , creative industries were the engine for economic growth. 
The failure rate in small businesses and creative industries was however increasing as the COVID -
19 pandemic was still negatively  affecting the world economy. The Creative Economy 's survival 
depend ed on its resilience, creativity, innovation and adaptation.  In that regard, d igitalization had 
reduced some barriers  and had allowed many creative industries to access different markets.  
18.17.   As vulnerable as the creative industries were, they were a vital sector in the revival and 
recovery of developing countr y and LDC ec onomies post COVID -19 pandemic . As the world was 
preparing to celebrate the International Year of Creative Economy for Sustainable Development in 
2021, public-private cooperation was crucial to ensure business -led recovery with sufficient support 
to be pro vided to creative industries to safeguard inclusive recovery.  
18.18.   Because 2021 was the International Year of the Creative Economy, Oman  encourage d the 
interagency cooperation of the WTO, UNCTAD  and ITC to devote its work to analysing the evolution 
of trade pol icies and market access from the specific perspective of the goods and services classified 
as relevant for the Creative Economy.  Oman  hoped that the WTO together with UNCTAD, ITC, 
UNESCO, and other international organizations w ould work together in 2021 , in the International 
Year of Creative Economy for Sustainable Development, to support the revival of the creative 
industries through initiatives such as  Aid for Trade and any other cooperation program mes. 
18.19.   The representative of Colom bia noted that t he Government of Colombia ha d an intensive 
programme in its country for promoting creative industries – the orange economy . That was why 
Colombia firmly support ed the UN Resolution declaring 2021 as the International Year of the Creative 
Economy . The WTO c ould make a significant contribution to the inter -agency work on th at which  
would begin in January. Colombia invite d interested Members to participate in the discussion and in 
the learning and collective creation process. Colombia  had already submitted ideas to the WTO on 
that in the 2019 Public Forum underscoring the importance and the opportunities of the orange 
economy as part of the multilateral work in th e organization.  
18.20.   The General Council took note  of the statements.  
18.4  WTO Virtual Meetin gs – Statement by Oman  
18.21.   The representative of Oman , speaking under "Other Business" , brought to Members'  
attention  the challenges and difficulties that were faced by some Members in dealing with COVID -19 
WTO virtual meetings  to start a conversation on th e issue. After almost ten months of working 
virtually , delegations  could share experiences, learn from each other's virtual work best practices 
and exchange information on the benefits, challenges and difficulties they had faced in the past 
couple of months.  
18.22.   As the COVID -19 pandemic waves move d from one country to another at different times, 
lockdowns were happening in different regions of the world at different levels and periods. Families  
locked  in small places with children attending vi rtual schools, partners attending virtual work and 
WTO officials attending their WTO meetings. Members were aware that working under such 
circumstances was not easy. Nevertheless, one of the benefits of virtual working was that more 
officials from the capi tal could attend meetings otherwise attended by one or two capital -based 
officials.  
18.23.   The challenges though outweigh ed the benefits. Oman had decided to share its experience 
with Members and to hear and learn from other s. In Oman, its government working hour s were from 
7:30 a.m. to 2:30 p.m. When a meeting start ed at 10:00 a.m.  Geneva time, it was already 1 :00 p.m. 
in Oman. The time difference ma de it difficult for the government officials who were working full day 
in the office to continue their work until l ate hours of the evening at home. When a meeting start ed WT/GC/M/188  
 
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  at 3:00 p.m. in Geneva, it was 6:00 p.m. in Oman. When the meeting finishe d at 6:00 p.m. Geneva 
time, it was already 9 :00 p.m. Muscat time. The official who attend ed WTO meeting s would still have 
to attend to his  or her office work the next day and attend WTO meetings afterwards.  Whereas when 
officials travel led to Geneva to attend meetings , they function ed according to Geneva wo rking hours 
and Geneva meetings. They ha d no other obligations.  
18.24.   Internet connection was another challenge. During so many times in the fisheries 
negotiations , Oman  could not clearly hear other Members'  statements  or it had  lost connection 
completely in Gen eva or in the capital. The most asked question in 2020 was probably, "Can you 
hear me?" For important negotiations like fisheries , having half sentences or unclear messages d id 
not create the right environment conducive to reaching the desired results.  As with physical 
meetings, the virtual meetings had not improve d the situation for small missions because meetings 
were still held in parallel and small missions still ha d to choose between the meetings that they 
would log in  to. 
18.25.   The situation during the COVID-19 pandemic  was not business as usual.  While some 
organizations like WIPO had to adapt to the current circumstances by reduc ing meeting time to take 
into consideration time differences around the world , they had  also postponed negotiations and 
decision -making on substantive issues that were not urgent. Meanwhile,  the WTO ha d been 
operating in a business as usual  manner which had increased the level of stress and anxiety among 
small delegations. In one way , they had felt that they ha d to stay relevant and continue taking the 
workload.  
18.26.   At the same time , they had to deal with difficulties of getting instructions due to lockdowns 
in the capital or infected colleagues in the mission or in the capitals. That was in addi tion to 
connection issues. During a pandemic like COVID -19, Members'  main objective should be the 
wellbeing of everyone including all delegates including their  negotiators.  While the WTO  still need ed 
to operate and contribute to the resilience and recovery  of the world economy,  the delegates'  health 
should be a priority. In times like these, Members should  find a proper balance between work, family 
and health.  
18.27.   The main purpose of th e statement was for the M embers and the Secretariat to start a 
conversation on the challenges and benefits of virtual meetings and the WTO's  priorities in order to 
improve work conditions for virtual meetings for everyone where needed. Oman likewis e sought  to 
discuss the readiness and preparedness of the  Secretariat and the M ember s to deal with future 
crises, to benefit from lessons learned and  to find the best way forward to continue WTO work until 
delegates  could go back to attend their meetings in the WTO building again.  
18.28.   The General Council took note  of the statement.  
18.5  Process of Appointment of the Next Director -General – Statement by the Chairman  
18.29.   The Chairman  recalled that his reports on the outcomes of the three rounds of consultations 
that he, together with the Facilitators, had undertaken in the context of the Process of Appointment 
of the next Director -General were contained in JOB/GC/244, JOB/GC/245 and JOB/GC/247. In a 
further communication that he had circulated on 6 November 2020 in JOB/GC/248, he had indicated 
that it had come to his attention that, for re asons including the health situation and current events, 
delegations had not been in a position to take a formal decision on 9 November. He had postponed 
the Special General Council meeting that had been convened for 9 November until further notice 
during which period he would continue to undertake consultations with delegations. The situation 
had not changed since then. He noted that he intended to continue consultations with a view to a 
formal decision being taken in accordance with the agreed rules and p rocedures as soon as possible 
early in the new year.  
18.30.   The General Council took note  of the Chairman's statement.  
_______________  
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  ANNEX 1  
STATEMENT BY THE KINGDOM OF ESWATINI  ON THE DEMISE OF HIS EXCELLENCY,  
THE RIGHT HONOURABLE PRIME MINISTER AMBROSE MANDVULO  DLAMINI  
On behalf of His Majesty King Mswati III , Her Majesty the Queen Mother, the Dlamini family and the 
entire Eswatini nation, I express our heartfelt gratitude to all the delegations that have expressed 
condo lences, comfort and support to the country for the loss of our Prime Minister, His Excellency,  
The Right Honourable Prime Minister Ambrose Mandvulo Dlamini . 
 
Indeed, the country has lost one of its youngest leaders to date, at 52 years old. We have been 
deprived of the chance to be led by an experienced and visionary leader whose credentials included 
working in the private sector where he held Chief Executive Office positions within the country as 
well as internationally.  
 
The year 2020 has been extraordina rily difficult for all our countries. The issues that we are currently 
discussing and take up in this forum therefore call on all of us to work together to find collective 
solutions to global challenges – for us to succeed in making the world a better plac e for ourselves 
and the next generations.  
 
In closing, I shall echo the request made by the delegation of South Africa, "Let's have the waiver 
and by so doing  shall save lives."  
 
_______________  
 
 
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  ANNEX 2  
STATEMENTS BY THE GENERAL COUNCIL CHAIRMAN AND BY DEPUTY DIRECTOR -
GENERAL KARL BRAUNER – CHAIRING THE MEETING AND REPRESENTING ALL DEPUTY 
DIRECTORS -GENERAL AND REPORTS BY THE CHAIRS OF THE NEGOTIATING GROUPS AT 
THE INFORMAL TNC AND INFORMAL HODS MEETINGS HELD ON 14 DECEMBER 20201 
Statement by the General Council Chairman  
1. A convening notice for today's meetings was sent out to all TNC Participants by the four Deputy 
Directors -General, in coordination with me as General Council Chair.  
 
2. As I mentioned at our meeting in October, during this on -going interim period, we will continue 
to follow a "no -surprises" approach. This includes providing the important opportunity for 
transparency and inclusiveness for all delegations, through the TNC/HoDs mechanism, ahead of 
General Council me etings. As you all know, the next General Council is scheduled for 16 December, 
continuing on the 17 December if necessary – that is, on Wednesday and Thursday.  
 
3. As was indicated in the convening notice, today's meetings will this time, be chaired by 
DDG Brauner, representing all DDGs, in coordination with myself as General Council Chair – this 
again, acting in line with the understanding reached at the General Council in July.  
 
4. With these brief introductory remarks, I will hand the floor to DDG Braun er to preside over 
these meetings.  
 
_______________  
 
 
Statement by Deputy Director -General Karl Brauner  – Chairing the Meeting and 
Representing all Deputy Directors -General  
 
1. Welcome to these informal TNC and informal HoDs meetings – the second such gathering 
under this interim arrangement after the resignation of the Director -General . 
2. Our last meetings in October were held in a hybrid format, with some delegations physically 
present at the WTO and others connecting electronically. In line with local public health guidance, 
today's meetings are fully virtual.  
3. Today is an opportunity to update each other on activities since October. It is also an 
opportunity – ahead of Wednesday's General Council – to discuss ways forward in our work. And as 
we approach  the end of  a year that none of us could have imagined, it would be appropriate to 
consider the broader issues and challenges that are on our minds.  
4. We now turn to the Negotiating Group Chairs for their reports. After that I will provide a report 
on behalf of the DDGs, before opening the floor.  
5. To prepare for today's meetings, and acting in coordination with the Chair of the General 
Council, I had convened a virtual meeting of Negotiating Group Chairs on Monday (7 December).  
6. The Chairs informed us of the work they had undertaken with delegations in various 
configurations. We heard that in some areas, such as fisheries subsidies, agriculture and services, 
new proposals and ideas had been put forward. The fisheries subsidies group in particular has been 
in continous negotiating mode. I will now give the Chairs whose groups have seen developments the 
opportunity to report to you.  
7. Before I turn to my own report, let me start by placing on the record our thanks to the Chairs 
for their detailed reports, and f or their efforts to assist Members in advancing negotiations under 
complicated circumstances. We note in particular the intensive work on fisheries subsidies . As we 
have just heard from Ambassador Wills, the WTO - that is, you the Members - will not delive r an 
 
1 Also issued as JOB/TNC/89.  WT/GC/M/188  
 
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  agreement on fisheries this year. I can only agree with Ambassador's assessment. I am disappointed 
but I am not discouraged.  
8. While we are still short of the finishing line, the negotiations have made considerable concrete 
progress toward finding a sol ution that all Members can accept. Renewed engagement, with greater 
political will and pressure from civil society, can get us there.  
9. As Ambassador Wills said, meeting our mandate to reach an outcome will require compromise 
by everyone, on all issues. Acti vity must pick up quickly in the New Year and continue until we 
deliver. As the Chair said, we will be making a late delivery, and every additional delay will increase 
the debt that must be paid. I plea to you, nothing that can be done now has to wait for MC12 or 
anyother deadline.  
10. In the agriculture negotiations,  we just heard from the Chair that technical work is continuing 
under her facilitators. There have also been discussions on a possible Decision that would exempt 
the World Food Programme’s purchase s for humanitarian purposes from export restrictions. This 
topic will be  on the General Council agenda.  
11. Some of you have argued that longstanding issues on our agenda such as public stockholding 
in agriculture, as well as aspects of services or development , have taken an added importance in 
the light of the pandemic. To take concrete steps forward in these areas it will not be enough to re -
state long -held views and sensitivities. We need new ideas, new proposals, and real compromises.  
12. The Chairs' reports ma ke clear that there is potential for movement. It is for you, the Members, 
to muster the political will.We urge you to continue to pursue convergence. As ever, the Chairs and 
the DDGs with the Secretariat remain at your disposal.  
13. I would now like to report  on our activities as DDGs and the Secretariat.  
14. Our first challenge was to keep the physical operations in time of the pandemic. We were very 
happy, when after the summer break the corona figures were such that we could again allow for 
more physical meetin gs and even open the cafeteria. Our joy was only of short duration as the 
number of infected people rose again in Geneva. With great regret we had to go back to a semi -
confinement. It was, however quite reassuring to experience the desire of staff to work at the WTO.  
15. When the host country authorities asked us to urge people to work from home we had to 
make quite an effort to convince colleagues not to come to the premises in big numbers.This 
demonstrates that staff is engaged and want to deliver their servi ces to the Members at their best 
capabilities.  
16. It also reflects well on the health task force. It has earned enough respect to make people feel 
comfortable coming to the WTO premises. This trust is well -deserved. In contrast to high figures for 
cases in Ge neva, I can report to you that today we have no staff member tested positive. We have 
only three colleagues in quarantine and they have been infected outside the WTO.  
17. We continue to make every effort to ensure that the WTO is one of the safest places in Ge neva. 
And we very much hope to welcome you again in person here on site soon, but, will proceed in a 
way that does not compromise the health of Members and staff.  
18. We have been able to maintain a high level of activities with the help of electronic means. W e 
have improved horizontal coordination in the Secretariat by introducing a weekly senior management 
meeting which is attended by all directors. We are well into the digital age. It may not be perfect, 
we miss the direct contact with you and the colleagues , but the bottom line is that the WTO is able 
to function.  
19. We maintain our services to you by giving support to your meetings. WTO bodies held 346 
meetings since the last TNC. In addition there were more than 500 consultations among Members 
using WebEx, Zo om and Teams. I only counted meetings registered by Members through our 
conference service. This of course does not include consultations of the chair in the course of the DG 
selection process.  WT/GC/M/188  
 
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  20. In addition to the internal meetings a large number of outreac h activities took place.We 
organi zed the WTO's 25th anniversary as an online event. We were delighted to welcome the host 
country's incoming federal president and other high -ranking participants.  
21. Our outreach activities span the globe more efficiently than ever. My DDG collegues were very 
active. No event, no opportunity was missed due to the absence of a serving DG.  
22. In the interest of time, I will only mention some of the outreach activities since October : 
• The G20 Riyadh Summit  
• The APEC Trade Ministerial meeting.  
• A virtual informal meeting of trade ministers organi zed by Australia  on the sidelines of 
the OECD's annual meeting  
• A ministerial meeting of the Ottawa Group  
• The regular "1+6"2 Round Table  chaired by Chinese Premier Li Keqiang w ith the heads of 
other international organizations  
• The autumn meeting of the UN Chief Executives Board  
• ITC's Joint Advisory Group  
• A High-Level WTO -UNEP Trade and Environment  event.  
 
23. The Secretariat was very active as organi ser of WTO webinars. IERD alone r egistered 23 
webinars. We had webinars organi zed by the accessions division, by the trade and environment 
division and a host of events managed by the economic research and statistics division. We had 
webinars on food security and intellectual property.  
24. Some may have attracted only a modest number of participants from the public, but they 
joined colleagues with other international institutions, and fostered our learning and that of all 
participants.  
25. Others had a broader reach, enjoying the interest of hundr ed, even thousands of listeners. 
We were able to secure high -level participation such as governments ministers and the heads of 
other international organisations.  
26. We were also very productive in writing reports, working papers and other publications. If yo u 
measure the relevance of this work by the number of downloads then I can report to you the 
following figures. Our COVID -19 reports have been downloaded more than 270,000 times. Working 
papers are obviously for a more speciali zed audience. They were downl oaded 26,000 times. Our 
publications were downloaded more than 800,000 times. This includes our new world trade report, 
a number of World Tariff Profiles and the World Trade Statistical Review. Worthwhile to mention that 
the topics dealing with gender issu es attracted almost 15,000 downloads. This demonstrates the 
WTO provides a global public good. There is demand for it.  
27. Before I open the floor, I want to mention two activities initiated by Members to which we 
were invited in the context of the recent Trad e and Environment week. These are the  Structured 
Discussions on Trade and Environmental Sustainability and the Informal Dialogue on Plastics 
Pollution and Environmentally Sustainable Plastics Trade. These initiatives seek to promote collective 
action on su stainable trade. In our view, developments like this are important both in substantive 
terms and for the political signal they send: namely, that members are acting under the WTO 
umbrella to address critical issues that respond to our founding objectives. As with other initiatives 
involving groups of WTO members, we understand that these new efforts will be guided by the 
principles of inclusiveness and transparency, with discussions open to all Members who wish to 
participate.  
 
2 The "1+6" roundtable is an annual gathering of leaders of six major inte rnational institutions (WTO, 
World Bank, International Monetary Fund, International Labour Organisation, Organisation for Economic 
Cooperation and Development, and the Financial Stability Board) hosted by China to share views on the world 
economy and globa l economic governance.  WT/GC/M/188  
 
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  28. I hope that with these facts, figures and reflections I could send to you the positive message 
- the WTO is alive. The Members are active. The Secretariat is providing its services and reaching 
out. There is demand for the global common good WTO.  
 
_______________  
 
 
Reports by the Negotiating Group Chairs : 
 
 
1. Negotiating Group on Rules  
 
1. Good morning colleagues. I hope all are staying well and healthy in these difficult times.  
2. As we are coming to the end of the year, I wanted to provide a status report on, and to share 
a few thoughts and reflections about, the fisheries subsidies negotiations. Before going further,  
I would also like to ask for your understanding if I take a bit longer than usual for this statement 
but, in the circumstances, I expect you can understand the reasons for this. I will be circulating this 
report in writing after the meeting .3 
3. By way of introduction, I can only say that what I anticipated for 2020 when I became Chair 
of the Negotiating Group on Rules a year ago, and the 2020 we have just lived through, have almost 
nothing in common! In short, I had planned for a very intensive schedule of technical and HOD 
meetings, and a possible senior officials meeting or two, with substantial involvement of the DG 
along the way, all culminating in adoption by Ministers of  a set of new fisheries subsidies disciplines, 
in June, in Nur -Sultan. And I was confident that with the planned work programme, which would 
build on the very solid work of my predecessor and of the facilitators, a successful outcome in June 
was well withi n reach.  
4. While an unfortunate confluence of events made that impossible, we nevertheless did our best 
to keep up a strong pace of work and indeed we made a tremendous amount of progress in spite of 
all of the challenges. And for this the credit goes to all  the Members for maintaining, in very difficult 
circumstances, a high level of commitment and determination to bring the negotiations to a 
successful outcome this year. While unfortunately it is now clear that we simply cannot make up the 
time we lost to t he pandemic and reach that goal, we are closer than ever and now need to capture 
the progress we have made, and focus with even greater attention on finding bridging, compromise 
solutions on the issues where divisions remain.  
5. Here, I want to convey to all delegations how much I appreciate the constructive spirit in 
which you have been engaging, including in particular since the COVID -19 pandemic disrupted our 
lives. I admit that the intensive pace that we have maintained since June has been tiring, but the 
opposite would have been much worse, and all of you rose to the challenge.  
6. This consistent positive engagement by delegations is what has allowed the real, substantive 
progress that we have made under these unprecedented circumstances. I am confident that this will 
continue and will lead to the technical and political decisions necessary to bring this negotiation to 
a successful conclusion in line with our mandate.  
7. Now, let me give a brief summary of where we are and how we got here since I assumed the 
Chair of the Negotiating Group.  
8. You may remember that when I took this role in November last year, the negotiations had 
been inactive for several months. When the previous Chair left Geneva, the foundations had been 
laid for a productive second semester of wor k, with the issuance of facilitators' reports capturing 
state of play of the negotiations, and a solid process in place.  
9. Unexpectedly, it was only in November that Members agreed on a new Chair, and thus several 
months were lost that could have been spent in actual negotiations. During the interval, the 
 
3 The report can be found in document TN/RL/33 . WT/GC/M/188  
 
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  facilitators and some Members convened and took part in a range of activities, and all of this was 
useful work, although necessarily limited in scope and potential to generate concrete progress.  
10. Therefore, o ne of the first things I did upon assuming my new role in November was to ask 
the facilitators to update their June reports to reflect progress in their work since then. I also 
developed an intensive work programme from January to June 2020 with clusters o f meetings and 
the promise of intersessional work, with the view of concluding the work for final decision by 
Ministers at MC12 in Nur -Sultan.  
11. With that objective in mind, work in 2020 resumed in January. A number of proposals were 
submitted by different d elegations in the first few months that concentrated on overcapacity and 
overfishing, and on special and differential treatment. Based on suggestions from a number of 
meetings with Heads of Delegation, including a meeting that the Director -General and I he ld on 6 
March, I began work on a single consolidated document to serve as a basis for further work. To start 
this process, I prepared and distributed on 9 March a suggested text on the prohibition element of 
the disciplines on overfishing and overcapacity.  
12. However, just as the Director -General and I were ready to start an intensive series of HOD -
level meetings for the final stretch before MC12, the measures needed to address the COVID -19 
pandemic intervened. The restrictions on travel and public gatherings meant that meetings that were 
supposed to take place starting on 11 March had to be cancelled, and on 12 March it was announced 
that holding MC12 in June was no longer feasible. An attempt to hold a virtual meeting of the NGR 
on 20 March also was cancelled  as there simply was not the time to sort out the logistical and 
technical issues involved.  
13. Nevertheless, despite these problems, work continued, on the basis of a written procedure to 
discuss new proposals, which at the time was the only means available f or our work. While we did 
make progress, the procedures were both slow and cumbersome.  
14. Furthermore, at that time many of us had problems using the wide range of virtual platforms 
that began to be used to host remote meetings. While we are now all veterans,  at the time this felt 
completely alien, and the adaptation process was an additional element limiting our ability to meet, 
particularly in plenary meetings.  
15. In addition, addressing the various crises provoked by the pandemic was by far the top priority 
of all governments, such that the possibility for engagement and consultations with capitals was just 
not there. Therefore, after a written exchange of views on two proposals I reluctantly suggested on 
7 May that we take a short pause while waitin g for restrictions to ease and for technical solutions to 
improve remote participation.  
16. However, that same month, on 14 May, the Director -General announced that he would be 
leaving at the end of August, which meant that we could no longer count on his avai lability for our 
process once the restrictions eased up.  
17. In the meantime, I conducted extensive consultations with individual delegations and groups, 
using a variety of virtual platforms, and continued work on a first draft of a consolidated draft 
document . In June, the restrictions on movement and meetings were relaxed and meetings restarted 
again in the WTO, and we then resumed our negotiations in hybrid meetings with physical and 
remote presence and participation.  
18. On 25 June I introduced a first draft co nsolidated document, in RD/TN/RL/126, at an NGR 
HODs meeting. I need to stress that nothing in this draft was new as it was entirely based on the 
work by the facilitators, and on Members' proposals. On 21 July, at another NGR H ODs meeting, 
when Members gav e their preliminary comments on the first draft, they indicated that it should be 
the starting point for the Group's further work starting in September and aiming for agreement by 
the end of this year.  
19. The NGR reconvened after the summer break and we conti nued our discussions on the basis 
of the draft consolidated document. By that point, we were making extensive use of virtual platforms 
for meetings and discussions, and hybrid meetings quickly became the norm. So did working in a 
truly continuous negotiati ng mode. While we held week -long clusters of meetings each month during WT/GC/M/188  
 
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  the fall, there was no pause between clusters. In the intersessional periods, many topic -specific 
meetings in different configurations were held. In addition, I was very fortunate to f ind a good friend, 
Ambassador Chambovey of Switzerland, to assist me on moving forward on special and differential 
treatment which we all know is integral to the negotiations.  
20. At the end of the October cluster, a number of Heads of Delegations suggested th at it was 
time for a revision of the draft consolidated document. Based on this request and on the work post -
July, I introduced such a revision on 2 November, in RD/TN/RL/126/Rev.1, at the start of a meeting 
cluster. As before, the revisions were entirely based on earlier work by facilitators, proposals from 
Members and the meetings I had held. I also circulated a detailed explanation on the rationale behind 
the revision in an addendum to 126/Rev.1.  
21. This revised version of the draft consolidated document wa s an important step forward. Many 
of the changes were to fill in text in several important areas that were represented by placeholders 
in the first version. These areas included dispute settlement, notifications, and how a panel – and 
the WTO – would not a ddress issues relating to overlapping claims of maritime jurisdiction.  
22. Unfortunately, also on 2 November, COVID -19 intervened once again with renewed 
restrictions on meetings and movement imposed by the authorities in Switzerland and Geneva. The 
difficulti es that this created for many Members for coordination between colleagues in Geneva and 
back home in capitals made it evident that the year -end deadline was going to be very difficult to 
meet. Nevertheless, I am very grateful to all delegations for maintai ning their engagement as our 
meetings went fully virtual.  
23. The most recent cluster of meetings this year was held in week of 30 November. The cluster 
was at the level of Heads of Delegation, with a particular focus on some key issues that need to be 
unlocke d in the IUU and overcapacity and overfishing pillars.  
24. During these meetings, I noted a high level of engagement, both from Geneva and from senior 
capital -based officials. The delegations put forward many interesting ideas and, in some areas, there 
was a w illingness to compromise, while in other areas the discussion clarified the main concerns of 
delegations.  
25. Unfortunately, despite all our efforts our work is still not complete. As you all are well aware, 
the challenges we faced in the past year are real an d have not yet disappeared. The platforms for 
virtual meetings have worked well and they have allowed capital -based officials to participate but 
they have many disadvantages as well. The absence of a Director -General also has left us without 
that important  instance on which we were hoping to draw to help us cross the finish line.  
26. As a result, we will not be able to deliver an agreement on disciplines to fisheries subsidies by 
the end of this year. This is a serious setback for the Negotiating Group, for the  WTO, for the SDGs 
set by our Heads of Government, and for sustainable fishing. But let’s not forget that our mandate 
remains unchanged – even if we are going to make a late delivery.  
27. Although we should not underestimate this serious setback, the truth is we did make lot of 
progress this year. Major differences remain but, in some areas where we have spent many hours 
working on specific texts, delegations are not that far apart. This is less true for some other topics 
but with the right will and proper enga gement I am convinced we can finish this in the near future. 
And indeed, it is normal that as differences narrow down and come into sharp focus, the final steps 
to bridge the gaps become more difficult . 
28. And the NGR has made some progress since the first re vision of the draft consolidated text 
until today, particularly on the topics on which we focused in our recent discussions. In the interest 
of time, I will include in the written version of this report that I will be circulating a summary of the 
key issue s that have been addressed in our most recent discussions.  
29. Let me also share with you that to mark the current state of progress, I intend to issue a 
second revision of the draft consolidated text by the end of this week. The changes relative to the 
curren t version will be modest and will aim to reflect where I think we are at this stage. As before, 
the revision will be accompanied by an addendum outlining the background for and intention of each WT/GC/M/188  
 
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  change. As always, this document will be without prejudice to  Members' positions and the entire text 
will remain in brackets.  
30. I should note here that although we have had rich discussions in recent weeks, with a range 
of important new ideas put forward by Members, these ideas will not necessarily be reflected in the  
revised text. This in no way is intended as a judgement on the substance of those ideas, and to the 
contrary I welcome all constructive suggestions that might help us find a way forward. Rather this 
simply reflects the need for more thorough discussion to  mature those ideas, including in regard to 
their placement and relation to other elements, before they can be included in the text.  
31. A number of delegations have said that we need to reach an agreement as soon as possible. 
Others have said that we should n ot sacrifice quality for a rushed agreement, particularly given the 
problems that many are still having in their coordination between Geneva and capitals.  
32. I believe that I speak for all of us in saying that our negotiations have a particular urgency, 
not o nly because of the SDG 14.6 and MC11 mandates but because while we talk, fish stocks 
continue to decline due to overfishing, and the research by international organizations such as the 
FAO and OECD detailing the nature of the links between harmful subsidie s and unsustainable fishing 
has been growing steadily. To continue without multilateral disciplines on harmful subsidies 
essentially means that governments can continue to spend in unsustainable fishing, with no 
immediate consequences – except that eventua lly there will be no fish left to find.  
33. New disciplines on harmful fisheries subsidies are like a debt that we owe to the global 
community. We were supposed to pay this debt at the end of the year. The fact that we are not 
managing to pay on time does not mean the debt has gone away. To the contrary, the debt increases 
with each day that goes by – so the urgency, far from disappearing or diminishing, is growing.  
34. Although it is evident that the COVID -19 pandemic is a major cause for not meeting the 
deadline,  it is not the only one. Members’ positions remain divided on some very important issues 
and it is clear that we need more flexibility and compromise from Members in order to successfully 
conclude the negotiations. If we have learned something from the pas t two decades of negotiating 
it is that, pandemic or not, we will get nowhere without a willingness to find solutions we can all live 
with rather than remaining in positions others cannot agree to.  
35. Given that there is thus no time to waste, and given that we are still bound by the mandates 
agreed by Heads of Government in SDG 14.6 and trade ministers in MC11 to deliver effective 
disciplines on fisheries subsidies, I intend to schedule the first cluster of meetings after the Christmas 
break in the week of 18  January, and to be available for consultations with delegations scheduled 
the week prior. Details of issues for discussion and the structure for the work in the cluster will be 
sent to you as soon as possible.  
36. I plan to hold the second cluster in the week  beginning 15 February. I cannot give you more 
details about the work programme because it depends on other developments, including the 
measures taken here in Switzerland and back home in capitals to deal with the ongoing COVID -19 
pandemic, and how this pa ndemic evolves. But I can tell you that the intensity will not diminish until 
we conclude our negotiations and deliver on our mandate, and that work will be continuous with 
intersessional meetings in various formats. We must also keep in mind convening opp ortunities for 
Ministers in 2021, as well as scheduled meetings of our leaders to review our work in light of the 
SDG mandate. It will be intense.  
37. Believe me, Didier and I are not doing this because there is nothing else to do. We believe in 
the importance  of these negotiations for our Oceans’ sustainability and for the WTO; we are doing 
this to help Members deliver a meaningful outcome as soon as possible.  
38. In closing, let me say that although we should not underestimate the setback of missing this 
deadline , we should not be discouraged. To the contrary, we should be encouraged by the progress 
made, by the momentum that has been built, and by the real and unique opportunity we have to 
conclude this process in the near future, fulfilling the responsibility th at has been tasked upon us.  
39. Dear colleagues, it’s time to step up. I wish you an excellent, safe and restful holiday period.   WT/GC/M/188  
 
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  2. Committee on Agriculture in Special Session and Sub -Committee on Cotton  
 
1. I would like to report today on the recent developments on process and on substance.  
 
2. Further to my announcement in October, I have initiated a topic by topic facilitators' led 
process to complement the work being carried out in the CoA  SS. 
 
3. Its main objective is to contribute to making progr ess on the various topics by assisting the 
Chair with technical work in order to improve understanding of different issues and concerns, narrow 
gaps and identify potential options.  
 
4. All facilitators have already held numerous consultations and reported to the CoA  SS meeting 
on 10 November and 7 December. Let thank again the facilitators for their remarkable work and 
dedication.  
 
5. I also took note of the fact that time is required to undertake this technical work, notably for 
small delegations and Capit als to take stock of the discussions, prepare inputs and pursue their post 
COVID -19 assessment.  
 
6. Some Members also mentioned the possible linkages between topics that cannot be addressed 
in this format and the need to prioriti se the topics to avoid dispersing the efforts. While I agree, it 
also seems to me that more technical work is needed to mature the issues before we can get to that 
stage. This process will be evaluated and adapted as needed in early 2021 and its timetable will 
depend on the date  of MC12.  
 
7. Turning to substance, as you know, Singapore and many co -sponsors, submitted a draft 
General Council Decision suggesting exempting from export restrictions food purchases for 
humanitarian purposes by the World Food Programme. This submission is accompanied by a 
communication also from Singapore, and is, of course, on the agenda of the General Council this 
week.  
 
8. A lot of work has been done on this issue, including an open -ended meeting organi zed by the 
facilitator on 26 November. I also inv ited, at the suggestion of Mali, the FAO and the WFP to provide 
updated information on the impact of COVID -19 and related measures on food insecurity at the  
November CoA  SS meeting. The humanitarian consequences of the COVID -19 crisis as well as the 
fact that WFP was granted Nobel Peace Price has clearly re -energi zed the discussions in this domain.  
 
9. Following the CoA Special Session meeting on 7 December and subsequent exchanges 
between Members, I held a consultation on 11 December with a group of propon ents and Members 
and group coordinators to help Members better understanding each other's position and to facilitate 
convergence building. Following this consultation, the facilitator circulated this morning at my 
request to the whole Membership an informa l working document attempting to reflect various 
drafting suggestions made thus far by some Members to the original text.  
 
10. The other issues covered under Export Restrictions relate to transparency and clarification 
elements with a view to enhancing the ir monitoring. On these issues, which have also attracted 
strong renewed interest, further written contributions are expected.  
 
11. Regarding other issues, Domestic Support remains the key priority for virtually all Members 
who all want an outcome on this issue at MC12. However, divisions remain. Many Members support 
the Framework proposal by Cairns group, while many other Members would like to address the 
imbalances in the Agreement on Agriculture first, notably by gradually eliminating AMS above de 
minimi s. There are also suggestions to use some of the pre -MC11 proposals as a basis for an 
outcome. In short, the topic will still require more technical work and notably more political will.  It 
is therefore very timely that Canada presented an update of its an alytical tool that includes valuable 
data and can be used by Members for technical work.  
 
12. PSH remains a crucial topic, the COVID -19 crisis having brought again more attention to this 
issue. There have been renewed calls to find a Permanent Solution by MC12. The Facilitator will be 
focusing notably on the scope, transparency, safeguards and monitoring. He also proposed a list of 
questions for Members to reflect on during the year -end break.  
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  13. On SSM, the proponents have renewed their demand for an outcome in the wake of the 
COVID -19 pandemic based on broader food security objectives. While acknowledging the 
fundamental issue of linkage between market access and SSM, the facilitator has initiated work with 
a view to developing a common understanding on the numerous technical parameters that a 
safeguard mechanism would entail.  
 
14. Members continue to attach importance to pursue reforms in the market access pillar. 
However, in view of a lesser attention and priority accorded currently to deepen core ma rket access 
commitments as well as for reasons of an overall balance, recent discussions have focused mainly 
on a transparency outcome -- such as goods en route - considered by many as important for "trust -
building".  
 
15. On Export Competition, the facilit ator noted that some Members had continued to stress that 
additional transparency requirements would be difficult due to resource constraints. She therefore 
decided to explore ways to address such concerns which would enlist the support of the Secretariat,  
noting the possible complementarity with work under the regular Committee on Agriculture.  
 
16. On Cotton, the main development was the announcement that the C -4 had prepared a draft 
text on transparency that once available will serve as a starting point t o initiate technical discussions 
in the Quad Plus context.  
 
17. Finally, the importance of enhancing transparency as a cross -cutting issue in the agriculture 
negotiations was reiterated by some Members, including with the prospect of a new submission.  
 
18. To conclude, I would say that after the sudden halt in the negotiation process this spring, work 
has now resumed and the intensity of work is very encouraging.  
 
19. Members continue to emphasi se the importance of an agricultural outcome at MC12 for the 
reform program and to preserve the credibility and relevance of the organization. Our challenge in 
2021, will therefore be to build consensus for an ambitious and balanced agriculture outcome for 
MC12. This will require your support and engagement.  
 
20. The next meeting CoA  SS meeting is scheduled on 5 February 2021.  
 
3. Committee on Trade and Development in Special Session  
 
1. In my last report to this body, I outlined the discussion that had taken place among Members 
at the formal CTD SS meeting held on 23 Sep tember 2020. The discussion at the meeting had 
focused on the ten G -90 proposals on special and differential treatment which were circulated earlier 
this year.  
 
2. Subsequent to this meeting, and after due consideration, I made the assessment that there 
will be more scope to make progress if further discussions on the G -90 proposals were to take place 
in an informal setting.  
 
3. In preparation for a series of informal consultations that I will be organi sing in the early part 
of next year, I held an informal meeting with a number of delegations last week – on 8 December. 
The purpose of this informal meeting was to give an opportunity to delegations to share their views 
about the order in which the ten G -90 proposals should be taken up in the informal consultations 
that I will be organi sing. 
 
4. It was important to hold this meeting on 8 December so as to maintain the Member -driven 
nature of the process and I believe it allowed a useful exchange to take place.  
 
5. The G -90 once again explained the rationale behind their proposals. Suggestions were made 
by some delegations on the order in which to take up the ten proposals, while others indicated their 
flexibility as to the order. There were some expressions of support for the G -90 proposals, and for  
the initiative to have an in -depth discussion on them.  
 
6. It must also be said, however, that a number of Members once again expressed 
disappointment that essentially the same ten proposals that had been discussed on several previous WT/GC/M/188  
 
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  occasions, have been  circulated by the G -90 again. The view of these Members continues to be that 
there will be little scope to move forward in the CTD SS on the basis of these proposals.  
 
7. In closing the meeting, I recogni zed the disappointment and frustration on both side s, as I 
have before. I took note of the calls that were made by some delegations for new ideas and new 
approaches in order to be able to make progress in the CTD SS but pointed out that any new ideas 
must come out of the discussions between Members. My rol e as Chair is to facilitate these 
discussions, and to help Members find a way forward. I remain committed to this.  
 
8. I intend to hold a total of five informal consultations, starting in early 2021, in order to explore 
how to move forward on the G -90 prop osals. In each consultation, I will invite participants to focus 
on two proposals. Over the course of the five consultations, participants will have been able to have 
an in-depth discussion on all ten proposals.  
 
9. I will be in touch with Members in early  2021 on this matter. This concludes my intervention.  
 
4. Council for Trade in Services in Special Session  
 
1. Since the last meeting of the TNC, the Special Session of the Council for Trade in Services 
held two informal meetings, on 21 October and last week,  on 9 December. The meetings were 
convened to discuss four new communications from Members, which were all submitted in the 
context of exploratory discussions on market access. These discussions initiated last year, aim to 
foster an exchange of views among  Members about their current areas of interest, without prejudice 
to negotiating positions.  
 
2. The papers put forward by individual Members and groups of Members focused on the 
following sectors: environmental services; agriculture -related services; logis tics services; and 
financial services.  
 
3. The discussion on environmental services underscored various linkages between services 
trade and environmental protection and provided an exchange views on the different services 
subsectors that can be relevant fr om an environmental perspective, beyond the activities identified 
in the GATS classification as environmental services. The contribution of trade in these services and 
improved GATS commitments were also discussed.  
 
4. On agricultural -related services, the  meetings yielded exchanges on the role of certain services 
sectors in the agricultural value chain, as well as their impact on agricultural production and exports. 
Delegations debated the specific services subsectors most relevant for agriculture and the impact of 
commitments in these areas.  
 
5. On logistics services, a number of delegations emphasi zed how reduced barriers and better 
performance of logistics services could help to facilitate goods trade, integrate within supply chains, 
and support e -commer ce. The sector's role in helping ensure resilience during the pandemic was 
also emphasi zed. Different views were expressed as regards the scope of the services most relevant 
for logistics.  
 
6. With respect to financial services, discussions underscored the  sector's contribution to 
economic activities and trade across all sectors, including its role in facilitating e -commerce 
transactions. Discussions also highlighted the importance of regulatory frameworks and supervision 
and the sector's role in facilitati ng greater financial inclusion. Different interests were expressed for 
specific modes of supply, and developments in relation to fintech were also underscored by some 
delegations.  
 
7. I think that, overall, the discussions of the papers contributed to bett er understanding the 
interests of various Members as well as the economic and trade contributions of these sectors, 
including in the context of efforts to improve economic resilience and support recovery from the 
pandemic. Importantly, interventions from v arious delegations also brought out a number of key 
development considerations in each of the sectors, and also permitted to hear the concerns of those 
delegations that have reservations about negotiations or further liberalization of market access 
commitm ents in services.  
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  8. I encouraged Members to reflect on the views and questions put forward in the meetings and 
to continue engaging with each other in view of further discussions in the new year.  
 
9. This concludes the report. Thank you for your attention.  
 
5. Council for TRIPS in Special Session  
 
1. As usual I am making this report on my own responsibility and of course without prejudice to 
the positions of delegations or the outcome of the negotiations. From 12 to 16 October I held informal 
consult ations with ten interested delegations to share their thoughts and suggestions on how the 
Special Session might move forward in fulfilling its mandate.  The ten delegations were mainly either 
from the W52 Group or the Joint Proposal Group.  
 
2. In these consultations I invited delegations to share their views on two specific questions – (i) 
Are there any changes in their delegations' positions and if not, what steps they would propose to 
take in fulfilling the negotiating mandate? (ii) How do recent devel opments in multilateral, bilateral 
and regional agreements and in domestic GI protection system bear on the work of the Special 
Session?  
 
3. In response to the first question all delegations indicated that their positions remained 
unchanged.  The delegation s from the W52 Group continued to emphasise the importance that they 
attached to the GI register and the linkage and parallelism among the GI register issue, GI extension 
and the relationship between TRIPS and the CBD.  The Joint Proposal Group reiterated t hat the 
Special Sessions' mandate should be strictly limited to the GI register for wines and spirits.  The 
delegations generally indicated their readiness and willingness to reflect on new approaches to 
reinvigorate the work of the Special Session and to f ulfil its mandate.  However, most of the 
delegations made no concrete proposals on next steps and none suggested new approaches.  In fact, 
most was incumbent on the other side to move first.  This is relevant for what I have in mind in terms 
of next steps.  
 
4. Responding to the second question, the delegations concurred that there were many new 
developments outside the WTO regarding GI protection.  There were suggestions that the Special 
Session schedule meetings to share the information and experiences; that t he WTO Secretariat 
conduct a study on the relationship between the TRIPS agreement and the Geneva Act of the Lisbon 
System; and that the WIPO Secretariat be invited to brief on the state of play in WIPO regarding 
their international registration system.  Some delegations were not convinced that the information 
sharing exercise would be an appropriate or a useful step.  Others thought that developments outside 
the WTO did not necessarily have a bearing on the work of the Special Session.  Concerns were also 
raised on whether the Special Session was an appropriate forum for such information sharing, given 
the nature of the Special Session as a negotiating body.  
 
5. After these consultations on the 22 October, I held an informal open -ended meeting to report 
to the  whole membership on my consultations.  I also shared with delegations my sense of the current 
situation that, while there was a common desire to fulfil the existing mandate, the positions and 
creativity of delegations in these negotiations had not changed.  No comments were made at the 
meeting.  
 
6. Regarding next steps, I plan to hold consultations with individual interested Members in early 
2021 and will invite delegations to share their views on the three suggestions that I mentioned 
before, and let me jus t enumerate them here once more - (i) that the Special Session schedule 
meetings to share information and experiences on the diverse ways in which GI's have been 
protected through bilateral and/or regional agreements; (ii) that the WTO Secretariat conduct a 
study on the relationship between the TRIPS Agreement and the Geneva Act of the Lisbon System 
and (iii) that the WIPO Secretariat be invited to brief on the state of play with the WIPO international 
registration system.  
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  7. To promote substantive work on  the GI Register, I plan to invite delegations also to reflect on 
how, when or where the other sides' concerns might be addressed without necessarily conceding or 
agreeing to them and to reflect on new approaches to achieve their own objectives.  A written version 
of this report will, of course, be circulated to Members.4 
 
_______________  
 
 
 
 
 
 
 
 
4 The report was subsequently circulated in document TN/IP/28 . WT/GC/M/188  
 
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  ANNEX 3  
STATEMENTS BY MEMBERS AT THE INFORMAL TNC AND INFORMAL HODS MEETINGS 
HELD ON 14 DECEMBER 2020  
Following the General Council Chairman's statement under Item 1 of the agenda of this meeting – 
"Report on Informal TNC and Informal HODs Meetings", the statements made by: Morocco; 
Switzerland; Uruguay (Informal Working Group on MSMEs); Jamaica (ACP); Egy pt; Tunisia; Nigeria; 
Chinese Taipei; Chile (Structured Discussions on Investment Facilitation for Development); Senegal; 
Singapore; Republic of Korea; Norway; Barbados; Iceland (Informal Working Group on Trade and 
Gender); Turkey; Australia (Joint Stateme nt Initiative on Electronic Commerce); Chad (LDCs); 
Guyana (CARICOM); United States; Philippines; Brazil; Panama (Article XII); Russian Federation; 
Paraguay; European Union; Costa Rica (Joint Initiative on Services Domestic Regulation); Hong 
Kong, China; A fghanistan; India; Japan; Thailand; Nepal; Botswana (African Group); Viet Nam 
(ASEAN) ; Colombia; Mozambique; Canada (Ottawa Group); Mexico; Uganda; China; Montenegro; 
Malaysia; South Africa; Fiji; Pakistan; Tanzania; New Zealand; Peru; Vanuatu (Pacific Gro up); 
Kingdom of Saudi Arabia; Indonesia; Republic of Moldova; Argentina; Ecuador; Mauritius; Mongolia; 
Bangladesh; Bolivarian Republic of Venezuela and United Kingdom  are included below as part of the 
Minutes of the General Council meeting.  The concluding remarks of Deputy Director -General Brauner 
is also included at the end of this annex.  
 
_______________  
 
 
1. Morocco  
 
On this occasion, I would like to emphasi se the following:  
 
Fisheries Subsidies  
 
Morocco is convinced that sustainability has to be at the heart of Members' concerns. In this respect, 
we remain committed to continue the ongoing negotiations on fisheries subsidies based on the NGR 
Chairman's  revised draft text. Moreover, Morocco’s commi tment is confirmed by its textual 
submissions and its notification of its fisheries subsidies, with a few number of Members.  
 
In addition, regarding the short time remaining until MC12, we should send a clear signal to the 
world that the WTO continues to p lay a crucial role in the multilateral trading syste m. Members 
should therefore  engage in a pragmatic and constructive way. Moreover, we support and thank 
Ambassador Wills and his  team for the work made until now, and we urge him to establish a realistic 
and clear new agenda for the next phase of negotiations beyond  the December deadline.  
 
These negotiations should result in a meaningful outcome that reduces the most damaging subsidies, 
destined primarily to large -scale industrial fishing vessels, and prohi bits any kind of subsidies to IUU 
fishing.  Morocco underscores  the need to focus disciplines on fisheries subsidies, mainly on large -
scale industrial fishing and avoid extreme positions such as the called "case-by-case S &DT" or any 
differentiation based on  an irrelevant criterion.  
 
Agriculture  
 
Morocco thanks the Chair of CoA SS for her work on guiding the negotiations. Moreover, we would 
like to underline the paramount priority of domestic support for the sizeable majority of  the 
Members hip. Therefore, add ressing  trade distorting domestic support should be our key objective.  
 
Having said that, any approach regarding this pillar should first focus on correcting the existing 
imbalances in the Agreement on Agriculture so that all Members are provided with  more balanced 
and equal competitive conditions.  
 
We remain of the view that Net Food -Importing Developing Countries and LDCs should benefit from 
specific measures and flexibilities within agriculture negotiations in order to tackle their food security 
concerns.  
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  On Export Restrictions and Prohibitions , Morocco supports the humanitarian action of the World Food 
Program me and appreciates the proposal made by Singapore and co -sponsors , but we believe that 
this proposal sh ould take into account the specific  concerns of NFIDCs and LDCs and provide them  
policy space.  
 
Investment Facilitation for Development  
 
Morocco had taken another step in this direction by submitting its textual contribution to the draft 
text after joining the "Investment Facilitation for D evelopment Initiative”.  We remain ready to 
engage constructively in the ongoing negotiations and look forward for a meaningful outcome for 
MC12 on this subject.  
 
Environment  
 
The Moroccan delegation is committed to continue its active role in the discussio ns on plastic 
pollution and international trade.  We believe that this issue is of prime importance in view of its 
economic and environmental implications, and that it is in the interest of all Members to move 
forward significantly on this issue.  
  
2. Switzerl and 
 
There is no doubt that the pandemic had a very serious impact on the health of the population and 
the economy of all countries. Mitigating the effects of the crisis and reviving the economy are 
enormous challenges. We cannot meet these challenges with out strengthening international 
cooperation, including within the WTO.  
 
This requires first and foremost the preservation of the rules -based WTO acquis that ensures open 
and predictable markets. In this regard, the restoration of a fully functional dispute  resolution system 
is paramount. Furthermore, the work undertaken to strengthen and reform the organization should 
continue. The swift appointment of a new Director -General remains a pressing objective as she will 
have an important role to play in supporti ng this reform effort.  
 
As the year draws to a close, it is useful to take stock of the latest achievements. Unfortunately, 
progress in WTO work has fallen short of expectations. It is true that the pandemic has complicated 
our work. It is as well true tha t, in spite of the adverse circumstances, headways have been made 
in some areas and that new initiatives have been launched. However, many of the hardest issues 
remain unsolved. And these are precisely the issues which are important for achieving breakthro ughs 
and reaching positive conclusions.  
 
There is certainly no magic potion for success. But there are three ingredients that can contribute 
to successful outcomes.  
 
We should first restore confidence  – the confidence that we should place in the multilater al system 
to find sustainable and mutually beneficial solutions at the global level.  
 
Secondly, we should respond to the needs of the beneficiaries of the system, be they businesses or 
citizens. This means moderni sing the rules to take account of contempor ary challenges in terms of 
technology, health, the environment and competitive conditions.  
 
And thirdly, we should get to the heart of the matter : set out and explain problems clearly and 
objectively ; engage in dialogue with all partners, not just those who share our views and finally, 
seek pragmatic solutions that are consistent with the objectives of the negotiations.  
 
This may be a tall order. But we believe that these are three ingredients that will help Members 
reach tangible outcomes.  
 
In this perspective, the negotiations on fisheries subsidies must remain the top priority. Switzerland 
deeply regrets that we were not able to conclude this process in accordance with our mandate. 
Failure is not an op tion. So, we must redouble our efforts and demonstrate the necessary political 
will to reach an agreement as quickly as possible.  
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  In addition, we cannot afford to miss the opportunity to improve the lot of the most deprived people 
on our planet through a firm commitment, taken before the end of the year, to not impose export 
prohibitions or restrictions on foodstuffs purchased by the World Food Programme. Given the evident 
humanitarian stakes of this measure, the WTO can make a big difference.  
 
The three i ngredients I have mentioned should also lead to concrete results in crucial issues such as 
trade and health as well as trade and environmental sustainability. They should also bring about 
further progress on Joint Statement Initiatives and other issues whe re balanced solutions have to 
be worked out.  
 
You can count on my delegation to continue engaging fully in these different streams in the coming 
year, which we hope will involve a renewed and increased commitment from all Members in the 
WTO.  
 
3. Uruguay (Info rmal Working Group on MSMEs)  
 
I make this statement as Coordinator of the Informal Working Group on MSMES.  
 
I am pleased to announce that on Friday , 11 December , the MSME Group officially endorsed a 
package of six recommendations and declarations to suppor t MSMEs' participation in international 
trade for economies at every level of development.  
 
The package contains:  
 
• a recommendation on MSME -related trade information in WTO Trade Policy Reviews calling 
on Members to voluntarily provide information on MSME policies and statistics during their 
reviews to enhance transparency and serve as a source of good practices on MSME policies;  
  
• a declaration of support for the ITC -UNCTAD -WTO Global Trade Helpdesk. This is an online 
platform meant to simplify market rese arch for companies, especially MSMEs, by integrating 
trade and business information into a single online portal.  
 
• a recommendation to support the full implementation of the TFA and share best practices 
related to MSMEs;  
 
• a recommendation on promoting MSME inclusion in regulatory development through analysis 
and MSME consultation;  
 
• a recommendation supporting the implementation of the 2019 Decision on the WTO 
Integrated Database to ensure access to up -to-date tariff and trad e information ; and, 
 
• a declaration on addressing the trade -related aspects of MSMEs' access to finance and cross -
border payments.  
 
These texts are non -binding recommendations and declarations. This is the spirit in which we work: 
a spirit of soft law. Alth ough these texts refer to MSMEs, they do not define MSMEs. This is 
intentional. As there is no universal definition of MSMEs and the Group leaves it to each Member to 
define who their MSMEs are. We do not want to be prescriptive. We want to be useful and p ragmatic. 
Our goal is to pursue more inclusive trade and to help MSMEs, whoever they are.  
 
The endorsement of this package is important for MSMEs and for the WTO. It is important for MSMEs 
because it shows that the WTO cares about them – that we, trade dip lomats, care about them. This 
is particularly important in these times of pandemic which have had a devastating impact on this 
business demography. MSMEs are at the heart of the global economy. And now, they are at the 
heart of the current crisis. They nee d our help, now more than ever. Through this package we hope 
to make their work easier. Helping MSMEs to trade also supports economic development. Our 
approach is a developmental one.  
 
It is important for the WTO, because it shows that the WTO can deliver in a flexible, pragmatic, and 
timely manner. The past few months have highlighted the need for a global coordinated approach 
to help MSMEs. Our goal continues to be to become multilateral.  
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  I therefore invite all interested Members to join us in our endeav our to support small businesses. In 
this respect, I am please d to announce that Ukraine joined the Group on Friday and that Ukraine, 
Mali, Mauritius and Togo expressed their official support to the package. The final texts endorsed on 
Friday will soon be c irculated as an official WTO document. We intend to issue a revised version with 
additional sponsors in early February. I invite you all to consider sponsoring these texts. If you're 
interested in supporting the MSME cause, please reach out to me or to Mau ro Bruno of my mission 
by 29 January so that you can be added to the list of sponsors.  
 
This package is an important step, but it  is only a first step. We now have to work on the 
implementation of these recommendations and declarations. We aim to do this t hrough existing 
WTO bodies, where relevant. Some members of the Group are also working on the development of 
concrete tools, such as the Trade4MSMEs web platform which should be launched in the first half of 
2021. This platform will be a resource of verifi ed trade information for MSMEs and policymakers, 
linking to online tools and reports.  
 
Last but not least, the Group will now start looking into new issues that MSMEs are facing. We are 
committed to continuing our work to benefit MSMEs and to explore other  issues that are relevant to 
them. We invite all Members who want to shape a better future for their small businesses to share 
their thoughts with us, join our activities, and help us outline our future work. By working together 
we will make our MSMEs stro nger. 
 
4. Uruguay  
 
MSMEs  
 
We take note with sadness of the decision made by Panama to withdraw from the Group.  
 
We just can say that the Group acted in the spirit of inclusiveness, transparency and flexibility at all 
times and I would like to thank proponents and Members for their continuous engagement and 
dedication.  
 
The package presented today is the result of th e work of the members of the Group and has the 
ambition they have chosen, no more, no less. The sponsors of the various texts have worked very 
hard over the past few years to accommodate all comments, including those from Panama.  
 
We know they care about M SMEs so we count on them to achieve a meaningful outcome. I want 
them to know that our door will always be open as we continue to strive for a multilateral outcome 
of our Joint Initiative.  
 
Agriculture  
 
Uruguay wishes to thank Ambassador Gloria Abraham  Peralta for her work and her report on the 
status of the negotiations.  
 
Despite the high degree of uncertainty that characteri ses the current situation, the Facilitators 
process has served to resume discussions at the technical level, which we hope will lead to concrete 
results for the next Ministerial Conference.  
 
In particular, Uruguay hopes that we can advance the discussions with a view to agreeing on a global 
goal of limiting and reducing distortionary aid, based on the principle of proportionality and ta king 
into account the individual development needs of the Members.  
 
In the coming months we aspire to enter into deeper technical discussions on how to move this 
forward.  
 
Likewise, we will continue to actively participate in the discussions of the differe nt aspects that can 
be part of a market access result, including a general framework that will guide future negotiations 
on this pillar in the WTO.  
 
I would like to take this opportunity to announce that Uruguay has joined as a co-sponsor of the 
initiative  to exempt purchases of the World Food Program me from the imposition of export WT/GC/M/188  
 
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  prohibitions or restrictions. In this regard, we call on the rest of the Members hip to show flexibility 
and to join the initiative that will be discussed in the General Council this week.  
 
Fisheries Subsidies  
 
Uruguay would like to reiterate its support for Ambassador Santiago Wills' conduct of the negotiation, 
especially his efforts to close the gaps in the consolidated text.  
 
Now is the time for all Members to do even more to find acceptable and substantive compromises 
that allow us to reach a conclusion. We have a unique opportunity not to be missed to exercise our 
collective responsib ility, for our fisheries resources, for the good of the ocean and for the fishermen 
who depend on it.  
 
We commit to continue to work constructively to further refine the text to ensure convergence, and 
to reach an agreement that changes the status quo and serves as the WTO's contribution to the 
long-term health and sustainability of the oceans.  
 
5. Jamaica (ACP)  
 
The ACP Group thanks Deputy Director -General Brauner for his report and the respective Chairs for 
their comprehensive reports.  
 
Fisheries Subsidies  
 
The ACP Group reaffirms its commitment to the implementation of SDG 14.6 and our mandate from 
Ministers at MC11. The fisheries sector is of critical importance to the economies and livelihood of 
ACP Group members. We also prioritise our objectiv e to responsibly maximise the benefits to be 
derived from the blue economy. Hence, any outcome on fisheries subsidies should respect the 
mandate of appropriate effective S&DT for developing countries and LDCs.  
 
Transition periods alone with technical assis tance and capacity building is not acceptable to the ACP 
Group. Additionally, we do not view as constructive suggestions that Article 5.2 as presented in the 
draft consolidate text can fulfil the S&DT mandate for Ministers. Likewise, the pursuit of sustain ability 
in an outcome should not create disgui sed exemption for large subsidizers. Further, data reveals 
that our vessel and fishing capacity falls within mainly artisanal and small scale fishing within our 
own waters.  
 
On IUU fishing, coastal state determ ination considered relevant by then should always be the trigger 
to remove and prohibit subsidies for vessels or operators violating laws in maritime jurisdiction of 
that coastal state. We cannot accept an outcome that provides the WTO with the ability to scrutinise 
our national determination processes under the guise of due process. This will create a chilling effect 
on making any determinations. Similarly, we cannot accept language that penalises a vessel by 
virtue of its flag when our focus should be on the vessel's activities and who is subsiding the vessel 
or operator.  
 
We see many opportunities in the Chair's text and ideas put forward by Members. While we welcome 
engagement at the level of HODs, we urge that our involvement be considered as and when w e have 
sufficiently built bridges at a technical level and have only to take decisions clearly elaborated. We 
look forward to a process that will allow us to conclude our negotiations.  
 
Agriculture  
 
This sector is a cornerstone of the economies of members of the ACP Group. COVID -19 may present 
certain implications for the negotiations including our capacity to take on long term obligations in an 
environment of uncertainty. Nevertheless, the WTO cannot afford to have yet another Ministerial 
Conference withou t an outcome on such an important file. Domestic support including for cotton, 
SSM and PSH are priorities for the Group. We will comment on export restrictions under Agenda 
Item 9 of the General Council meeting.  
 
We take note of the Chair's intention to co ntinue the Facilitators -led process. Going forward, we 
should accommodate the capacity constraints of small delegations. Doing so includes avoiding 
unnecessary meetings, preventing the scheduling of meetings that clash with other major meetings, WT/GC/M/188  
 
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  providing adequate time to respond to questions, keeping the topic for discussions manageable and 
importantly, ensuring that interpretation is provided for Facilitator -led meetings.  
 
Services  
 
The COVID -19 pandemic has had a detrimental impact on ACP Group members p articularly those 
that are services oriented economies. The impact is more evident on those that are heavily reliant 
on tourism, travel and hospitality services for income, employment and multiplicity of other direct 
and indirect services which fuels their  economies. The ACP Group will be making a submission aimed 
at highlighting some of the areas of interest to the Group in light of the impact of the pandemic.  
 
The ACP Group has engaged constructively in the exploratory discussions in the CTS SS. On a gene ral 
note, we urge Members promoting exploratory discussions in the CTS SS to respect the WTO bodies 
and their mandates. The GATS itself and the negotiating guidelines and procedures include 
flexibilities for individual developing countries in making commit ments if they choose to do so. The 
ACP Group invites outcomes in any discussion that reflects sectors and modes of supply of interest 
to our members.  
 
WTO Reform  
 
The ACP Group reiterates its position that the process and substance should uphold the development 
dimension of international trade, accelerate the attainment of the Sustainable Development Goals 
and be advanced in a fair, transparent and equitable manner. Indeed, the ACP Group has long 
advocated for reform in critical, economic and trade -related sectors and, by extension, reforms 
leading to a WTO Work Programme focused on pro -poor and pro -development policies. We reiterate 
the need for us to begin with a comprehensive dialogue on the structure, scope and objectives of 
WTO Reform . 
 
We must co llectively find a resolution to the Appellate Body impasse to ensure that we have a two -
tiered, transparent and independent dispute settlement system as envisaged by the DSU. We cannot 
surrender the multilateral two -tiered dispute settlement system to exte rnal remedies 
notwithstanding how well intentioned they may be. Reforms should not be seen as academic or 
heterodox but reinforcing relevant principles framed in the Marrakesh Agreement.  
 
I close by reiterating that the ACP Group stands ready to engage con structively on these and other 
issues as we reaffirm our commitment to a transparent, open, inclusive and rules -based multilateral 
system with the WTO as its core institution.  
 
6. Egypt  
 
I would like to endorse the statement to be delivered by Botswana on beh alf of the African Group.  
 
The impact of the current crisis on the global economy, especially on developing and least developed 
economies, underscores that the utmost priority is revitali sing the role of this organization to counter 
the COVID -19 pandemic a nd mitigate its effects on the world economy.  
 
The starting point is to decide on steps that would help end this pandemic. In this regard, we urge 
Members to constructively engage on how we can move forward with the waiver proposal in the 
TRIPS Council in order to achieve our collective target of ensuring equitable and timely access and 
fair allocation of COVID -19 vaccines. We need to consider taking emergency measures to save lives 
and shield the global economy from suffering the devastating impact of this  pandemic for a longer 
time. 
 
We commend the four Deputy Directors -General for their commitment and diligent efforts to steer 
the WTO during this transitional period. That said, we believe that another pressing priority is 
concluding the selection process of the next Director -General as soon as possible.  
 WT/GC/M/188  
 
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  Having said that, I would like to briefly address a few issues:  
 
Agriculture  
 
We thank Ambassador Gloria Abraham Peralta and the appointed facilitators for their efforts to move 
discussions forward on this  important subject. We appreciate the commitment shown by Members, 
despite the challenges posed by the COVID -19 pandemic.  
 
Egypt reiterates the priorities referred to in the statement of the African Group, and asserts that 
trade in agricultural products ca nnot be viewed solely from a commercial perspective. We call upon 
all Members to prioriti se food security, respond to the needs of developing and least developed 
countries, and provide necessary policy space to build their agricultural production capacitie s. 
 
Fisheries Subsidies  
 
We commend the valuable work of the NGR Chair, Ambassador Santiago Wills in pushing forward 
the negotiations and bringing convergence on pending issues.  We are of course disappointed that 
we will not be able to meet the December deadline . However, we look forward to resume negotiations 
in January.  
 
Egypt remains committed to a balanced outcome that leads to effective disciplines targeting harmful 
subsidies provided for large -scale industrial fishing, while excluding artis anal fishing from the scope 
of the agreement to help ensure food security and maintain the livelihoods of fishing communities.  
As mandated, appropriate and effective special and differential treatment should be an integral part 
of any agreement on fisherie s subsidies in order to provide developing countries and LDCs with 
sufficient policy space to develop their fisheries sector in a sustainable manner. We count on the 
diligent efforts of Ambassador Didier Chambovey in leading discussions on this important i ssue to a 
landing zone.  
 
G-90 proposal on Special & Differential Treatment  
 
UNCTAD's latest report regarding the impact of COVID -19 on trade and development highlights that 
the most vulnerable were hit the hardest by this pandemic. In this context, we urge Members to 
work towards a meaningful outcome on the G90 proposal in the CTD  SS. We reiterate that special 
and differential treatment is necessary to address the challenges facing developing and LDC  
Members  and more so due to the unprecedented challeng es posed by the current global crisis.  
 
Since this is my last TNC meeting before I relinquish my duties as Permanent Representative of 
Egypt, I sincerely thank you all for the valuable discussions and fruitful exchanges that we had, and 
I genuinely hope th at Members make the right choices during the upcoming year, to overcome the 
challenges of the current global crisis, and restore the credibility of the WTO and confidence in the 
multilateral trading system . 
 
7. Tunisia  
 
Allow me, first of all, to join those w ho took the floor before me in thanking the Chair of the General 
Council and the four DDGs for leading us through this interim period. It is our hope that this period 
will soon end with the finalization of the selection process for the new Director -General . This will 
enable us to better coordinate WTO actions and tackle the unprecedented challenges posed by the 
COVID -19 pandemic.  
 
I would also like to thank the Chairs of the negotiating groups, as well as the Facilitators, for their 
commendable efforts to e nsure the continuity of our work, despite the multiple challenges associated 
with the health crisis that has imposed restrictions on in -person meetings.  
 
These constraints, compounded by the steady pace of overlapping meetings and the inability to 
ensure e ffective coordination with the capitals in the run up to MC12 with high stakes, have greatly 
affected the efficiency and effective participation of Members especially those with small delegations.  
 
I hope that the WTO will ensure that these conditions are taken into consideration when scheduling 
next year 's meetings.  
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  I would also like to endorse the statement made by the Ambassador of Botswana on behalf of the 
African Group.  
 
Fisheries Subsidies  
 
I would like to pay tribute to the efforts made by the Chair  of the NGR, Ambassador Wills, and 
Ambassador Chambovey, in his capacity as Facilitator, for conducting these negotiations within the 
set mandate.  
 
It must be noted, however, in light of the divergent to very divergent positions expressed for some 
disciplines, that questions of principle have to be addressed again , in particular,  on how to address 
sustainable fisheries in this context of socioeconomic challenges, overfished fisheries and overfishing 
practices.  
 
Indeed, most studies and statistics co ncur on addressing the impact of industrial and large scale 
fisheries on the ecosystem, and this at the expense of small scale fishing, de facto sustainable due 
to the lack of equipment and resources, which is struggling to ensure the livelihoods of its fi sherfolk 
in several countries.  
 
In this regard, we remain in favour of developing disciplines focusing mainly on subsidies for large 
scale commercial or industrial fishing, and on appropriate and effective special and differential 
treatment, which should b e an integral part of the proposed disciplines in accordance with the 
negotiating mandate. From this perspective, any disproportionate inconsistency in the consolidated 
text should be avoided, at the risk of creating discrimination and detrimental inequali ty vis à vis 
developing countries and harming the sustainable development of coastal communities and food 
security in several member countries.  
 
Agriculture  
 
I would like to welcome the new process launched by the Chair, Ambassador Gloria Abraham Peralta, 
and the efforts of the Facilitators, while underscoring the importance we attach to transparent and 
inclusive negotiations, respecting the provisions of Article 20 of the Agreement on Agriculture, and 
in conformity with the Doha mandate. This is with a vie w to achieving effective solutions to 
distortions in domestic support and taking into account the flexibilities required for LDCs and 
developing countries to achieve food security objectives.  
 
We support the considerable efforts of the World Food Programme  in combating famine in the world, 
and its actions to address the worsening situation in many regions resulting from the pandemic. We 
particularly appreciate Singapore's initiative to exempt the WFP from export restrictions on food 
purchased for non -commer cial humanitarian purposes, and express the wish that Members reach 
consensus on the text of the proposed decision, mindful of the concerns and expectations expressed.  
 
TRIPS and Public Health  
 
Tunisia reiterates its support for the proposal made by India,  South Africa and the co -sponsors to 
provide fair and affordable access to medical products needed for the prevention and treatment of 
COVID -19. We believe that this initiative would contribute to international efforts to address the 
COVID -19 pandemic.  
 
Electronic Commerce  
 
We welcome the constructive approach of Members on this subject, as part of the CTS discussions, 
with a greater focus on the infrastructure constraints faced by developing countries and LDCs. The 
final consolidated text should reflect Me mbers' commitment to better understand the growth of this 
sector with a strong employability capacity and try to compensate for the many job losses caused 
by the impact of the COVID -19 pandemic.  
 
Tunisia remains committed to working constructively with Mem bers with a view to achieving 
balanced and suitable disciplines for all across all negotiating areas.  
 WT/GC/M/188  
 
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  8. Nigeria  
 
At the outset, we wish to associate ourselves with the statements delivered on behalf of the African 
Group and the ACP.  
 
With the remarkable breakthrough being recorded regarding the development of COVID -19 vaccines, 
it is evident that the end of the pandemic is in sight. In our view, it is imperative that the WTO 
delivers balanced and equitable outcomes in the ongoing negotiations t hat seek to address the 
livelihood difficulties exacerbated by COVID -19 as well as support post COVID -19 economic recovery 
efforts . 
 
Agriculture  
 
Under the Agriculture file, we wish to thank the Chair of the C oA SS and the facilitators for the efforts 
in rejuvenating the negotiations. However, on process, we note that the topic -by-topic facilitators -
led process with increasing number of meetings pose difficulties for developing countries with a small 
delegation who are struggling to cope with increasing num ber of overlapping meetings they need to 
cover. We therefore wish to re -emphasi se the need for the negotiations to remain open, transparent 
and inclusive. In our view, we may need to consider 'sequencing ' of issues which has always been 
part of the agricul ture negotiations. On substance, our view is that priority should be given to 
mandated issues such as domestic support with emphasis on addressing the existing inequities . 
 
Other mandated issues that should be prioriti zed for possible MC12 outcomes include:  
 
• SSM where we look forward to SSG like outcomes;  
 
• PSH where our expectations include expanded product coverage and transparency 
arrangement that does not pose burdensome requirements on countries undertaking 
these program mes in a manner that makes  it de facto impossible to apply; and , 
 
• Cotton.  
 
On Export Restrictions and Prohibitions, we note the ongoing constructive consultations among the 
African Group, ACP and the co -sponsors of the Proposal on Agriculture Export Prohibitions or 
Restrictions rel ating to the World Food Programme. We are hopeful that the consultations will yield 
mutually agreeable outcomes so we can all adopt the decision and demonstrate our support and 
appreciation for the remarkable humanitarian work of the WFP.  
 
Electronic Comme rce 
 
Regarding E -Commerce, we wish to underscore the need for us to reinvigorate the 1998 Work 
Programme and explore ways of addressing the difficulties undermining the gains of developing 
countries from global digital trade. We are pleased to note that ou r joint proposal on exploratory 
discussions on supporting digital capability of business and consumers in the CTS is gaining traction 
with more Members engaging in the discussions. We wish to call on Members to engage 
constructively in e -commerce discussio ns under the 1998 Work Programme in the respective WTO 
bodies and refrain from confusing discussions with negotiations so we can make progress on this 
issue. 
 
Nigeria is pleased with the achievements thus far under the Joint Statement Initiative o n Electro nic 
Commerce. Parties have been able to put together a consolidated text that will facilitate negotiations 
in the coming year. Discussions under the JSI have been open, transparent and inclusive. We are 
hopeful that the final outcomes will effectively addr ess our development needs. We therefore call on 
all Members especially developing countries to join this initiative so we can collectively shape the 
discussions and deliver desired outcomes.  
  
TRIPS and Public Health  
 
We believe given the threat to humanity posed by COVID -19, the WTO should play a role in ensuring 
that patents and other intellectual property rights do not unfairly constitute barriers to up -scaling of 
research, development, manufacturing and supply of medi cal products essential to combat C OVID -WT/GC/M/188  
 
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  19. We support the joint proposal contained in document IP/C/W/669, and we are looking forward 
to co-sponsor the proposal after consultation from capital.  
 
Fisheries Subsidies  
 
Regarding fisheries subsidies negotiatio ns, we like to join others in commending the NGR Chair, 
Ambassador Santiago  Wills on his tireless efforts in the ongoing negotiations, particularly the amount 
of work he has put into reflecting many Members ' positions in the revised Draft Consolidated Text . 
 
However, we are concerned that a horizontal carve out on small scale and artisanal fishing has not 
been incorporated in the revised texts despite all statements and textual suggestions made that 
demonstrate that small scale and artisanal fishing does no t contribute to the global overfishing and 
overcapacity problems as large scale and distant water fishing does. We reiterate that small scale 
and artisanal fishing should not be tagged S&DT for developing countries as this is a flexibility that 
will benefi t all Members.  
 
Regarding the management approach that has enjoyed support by some Members which is being 
presented as one that seeks to preserve the sustainability element in the negotiations, we would 
like to remind Members that this approach has not wor ked in the past as overcapacity and overfishing 
problems continue to exist. We therefore encourage all Members to support the approach of a simple 
prohibition so as to ensure that the mandate is adhered to . 
 
Finally, in line with the mandate, we look forward to an adequate and effective S&DT that shall 
provide more vulnerable Members the required policy space in every pillar of these negotiations to 
develop their fishing capacity in a sustainable manner.  
 
9. Chinese Taipei  
 
As we are stocktaking our work, we should be pleased and optimistic for the progress that we have 
made, up to this stage, despite the challenging time we have been experiencing. All these positive 
aspects are because of the great efforts of the  Chairs, the Coordinators, the Facilitators and the 
participating Members.  
 
Fisheries Subsidies  
 
Although the progress is not dramatic and notwithstanding that we have missed the 2020 deadline, 
but the progress is definitely recognizable, thanks to Ambassa dor Wills. From our observation, many 
differences arise from the misunderstandings of each other 's views. We believe the recent intensive 
discussions had helped remove some avoidable misunderstandings. During the discussions, we have 
shown our flexibilitie s on certain key issues and submitted some discussion papers to facilitate the 
process. We urge Members to also show flexibilities to narrow the divergence. We look forward to 
receiving a new consolidated text later this week, as just suggested by Ambassad or Wills, to further 
converge Members ' opinions to help remove harmful fisheries subsidies at an earlier time.  
 
Agriculture  
 
The introduction of the new approach of a topic -by-topic facilitators -led process since last October 
was encouraging. There is also  an exciting proposal on agriculture export restrictions relating to the 
World Food Programme. Together, Members definitely can help in the fight against hunger through 
committing to the smooth export of foodstuffs purchased by WFP for non -commercial human itarian 
purposes . 
 
Electronic Commerce  
 
We are especially pleased to see the apparent progress of the negotiation s this year. The most 
remarkable aspect is the intensive use of "small groups discussions " to support the "plenary " 
discussions. The approach has been proven an effective one. The tireless efforts of the co -convenors 
and facilitators had ensured the great momentum for the negotiations. We expect a streamlined 
consolidated text to be submitted next year to lead to a suc cessful conclusion of a new set of 
disciplines for digital trade.  
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  Investment Facilitation for Development  
 
Apparently, many participating Members are very optimistic on producing an agreement prior to 
MC12. This is encouraging. We hope that the sense of s uccess on the negotiations of investment 
facilitation for development can have a positive spill -over effect on other negotiations.  
 
MSMEs  
 
We commend the endorsement of the package of six recommendations and declarations aiming at 
facilitating the particip ation of MSMEs in international trade. We certainly can expect that its 
implementation will support the needs of the businesses, particularly during these difficult times.  
 
Services Domestic Regulation  
 
We believe the Reference Paper being developed under this initiative can improve Members' 
commitments under the GATS. We encourage more Members to consider joining the initiative and 
submitting their respective Indicative Draft Schedule of Specific Commitments.  
 
Finally, we reiterate our firm commitment to c ontinue working with Members to make meaningful 
WTO reforms. We also look forward to the conclusion of the  DG Selecti on Process  so that the WTO 
will gain a brand -new momentum leading to a fruitful MC12 and meaningful reform s. 
 
10. Chile (Structured Discussions  on Investment Facilitation for Development)  
 
I am pleased to update Members on the latest developments on the initiative on Investment 
Facilitation for Development, on behalf of its Coordinator Mr. Mathias Francke, Ambassador -
designate of Chile.  
 
Despite the challenging circumstances, participants have made important progress over the last 
months. With Chinese Taipei joining the process, there are currently 106 participants, with several 
other Members attending the meetings.  
 
Four meetings, including two i ntersessional ones, have been held since the last report to the HODs 
in October. In line with the open, inclusive and transparent nature of the initiative, all Members were 
invited to those meetings and all documents were circulated to all Members as well.  
 
Participating Members continued the negotiations based on the 'informal consolidated text', which 
contains all text proposals submitted to date, including revised proposals, as well as written 
proposals put forward by participants during the meetings. So  far, 16 participating Members have 
submitted text proposals on the different provisions under consideration1, while three more have 
submitted communications providing their views on key issues .2 
 
Attendance and participation in the negotiations has been remarkable. This has allowed the 
Coordinator to prepare and circulate to all Members "revised draft texts " based on Members' 
proposals and detailed views expressed on sections and provisions of the informal consolidated text 
– where discussions are more advanced. These are Section II on "transparency of investment 
measures ", Section III on "administrative proc edures " and Section IV on "domestic regulatory 
coherence and cross -border cooperation ". 
 
Revised draft texts were discussed at the intersessional meetings held on 29 October and on 27 
November . 
 
At those intersessional meetings, Members also discussed on a  conceptual manner how to insulate 
the future agreement on investment facilitation for development from international investment 
agreements, with a view to avoiding unintended spill -over effects between them.  
 
At the most recent negotiating meeting held on  7-8 December, participants wrapped up the first 
cycle of negotiations, covering all seven sections of the 'informal consolidated text'. They also 
 
1 Argentina;  Brazil;  Canada;  China;  Colombia;  Costa Rica;  the European Union;  Indonesia;  Japan;  
Republic of Korea;  Mauritius;  Mexico;  Morocco (to be circulated soon ); the Russian Federation;  Chinese Taipei 
and Turkey.  
2 Submissions by Dominica and Grenada, as well as Qatar, respectively.  WT/GC/M/188  
 
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  focused on a number of key cross -cutting issues such as the scope of the future agreement and the 
implementat ion of future obligations, including special and differential treatment for developing 
countries and LDCs.  
 
As we move forward, the aim is to continue advancing on the drafting of provisions of the future 
agreement, ensuring consistency throughout the text . Based on the level of maturity of the 
discussions on the different issues, and reflecting the comments made by Members, the Coordinator 
may make suggestions, including drafting suggestions, to further advance convergence between 
Members.  
 
The Coordinator 's intention is to hold consultations around mid -January with interested delegations 
to seek their views on the best way forward in the next phase of the negotiations starting in 2021 . 
The process will continue to be Member -driven and result -oriented. We e ncourage participating 
Members to continue tabling proposals, especially revised and joint ones. We also encourage the 
proponents to continue their consultations, focusing on key issues.  
 
While ensuring that the future agreement is developed "bottom up", w e remain mindful that not all  
Members are on board. Hence the need to intensify outreach efforts to all Members, particularly the 
developing and least developed ones . 
 
The final goal – as stated in the November 2019 Ministerial Statement – is to achieve a concrete 
outcome by MC12.  
 
Investment facilitation can play an important role in supporting economic recovery at this challenging 
time. We thank participating Members for their level of engagement, constructive spirit and the 
confidence they have placed in  the Coordinator, as well as to the Secretariat for its support. The 
Coordinator will continue helping participants to make as much progress as possible and achieve 
their shared objectives.  
 
11. Chile  
 
This has been a very special year for everyone. The pandem ic has had a strong impact on us, but 
we have managed to keep our organization in operation thanks to the help of technology. This, 
without a doubt, is a positive aspect that is worth highlighting.  
 
Fisheries Subsidies  
 
In terms of negotiations, I would like to point out, first of all, that Chile remains committed to 
negotiating fishing subsidies and supports the work carried out by Ambassador Wills on this matter.  
We regret not having achieved concrete and ambitious results during t his year consistent with the 
negotiating mandate and the SDGs. In this sense, we are concerned about the lack of commitment 
on the part of some large subsidiary companies who prefer the status quo and avoid disciplines 
aimed at reducing subsidies that cont ribute to overcapacity and overfishing. Despite this, we 
recogni se that Members have managed to adapt to the new negotiating format, which has facilitated 
the technical work.  
 
Given the urgency of eliminating harmful subsidies for fishing, as well as being  able to count on 
concrete results for 2021, we request that work be intensified over the next year in order to achieve 
results as soon as possible. Likewise, we call on the Membership to adopt a pragmatic approach and 
close the existing gaps in the negoti ating text.  
 
Agriculture  
 
Along with reiterating our traditional position on this matter, we also reiterate our support for the 
proposal coordinated by Singapore regarding the prohibition of applying export restrictions to 
agricultural products when they a ddress the United Nations World Food Program me. We hope that 
it can be agreed by consensus during the General Council meeting.  
 
Joint Statement Initiatives  
 
Chile remains strongly committed to all of them and we are pleased that 2020 has been a year of 
significant progress, despite the difficulties generated by the pandemic.  WT/GC/M/188  
 
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In this sense, we call on participants to make their best efforts in the face of MC12 to achieve a final 
result on Domestic  Regulation in Services, achieve a concrete result in Investm ent Facilitation  for 
Development, and achieve important advances in Electronic Commerce, where we value the recent 
presentation of the consolidated text which constitutes a milestone and important advance in this 
negotiation.  
 
We also highlight the agreeme nt reached in the JSI on MSMEs and salute the substantive work plan 
established by the JSI on Trade and Gender where Chile hopes to contribute in order to promote a 
more inclusive trade agenda.  
 
Moratoria  on Electronic Commerce and on TRIPS Non -Violation a nd Situation Complaints  
 
Likewise, we reiterate the significant value that we assign to the moratori a in force on intellectual 
property and electronic commerce, and we invite the entire Membership to work with the objective 
of achieving the renewal of both at MC12.  
 
Appellate Body  
 
Although little progress has been made to unblock the appointment of its members, it is relevant to 
reiterate the call to establish a dialogue to overcome this paralysis and re -establish the second 
instance of the dispute settlement mechanism of the WTO.  
 
Finally, I wish to reaffirm Chile's commitment to a free, transparent, predictable and non -
discriminatory multilateral trading system. Likewise, we make a call to establish a structured work 
agenda oriented towards WTO Reform  since this is an unavoidable condition for its validity and 
relevance.  
 
12. Senegal  
 
Senegal supports the statements made on behalf of the ACP Group, the African Group and the LDC 
Group.  
 
The last meeting of the Trade Negotiations Committee in 2020 is an opportunity to take stock of the 
progress made in the WTO trade negotiations agenda, and to look at prospects for 2021, during 
which the organization will hold, hopefully, its Twelfth Minis terial Conference.  
 
The highlight of this year is undoubtedly the unprecedented health and economic crisis due to 
COVID -19. Its impact on our economies and societies will be felt for years to come. The WTO has 
and will have an important role to play in ove rcoming this crisis and reviving economies through 
open, predictable, fair, non -discriminatory and development -oriented global trade.  
 
Fisheries Subsidies  
 
Despite the constraints due to the crisis, WTO negotiations have evolved at different paces. Senegal  
thanks Ambassador Will s for his progress reports, which have been a source of inspiration for us 
and, hopefully, for all delegations. We welcome his efforts to advance the fisheries subsidies 
negotiations. However, much remains to be done to achieve effec tive disciplines, with measurable 
implementation indicators. Senegal will work towards an outcome that responds to its economic and 
social concerns, but also one that offers the WTO an opportunity to contribute to the Sustainable 
Development Goals. That is  why we believe that the prohibition of subsidies contributing to global 
fisheries overcapacity must be an important component of fisheries management systems and plans. 
Fisheries management cannot be used to justify the use of subsidies that increase the fishing 
capacity and effort of industrial vessels.  
 
Agriculture  
 
Progress will also have to be made in Agriculture. The COVID -19 pandemic and restrictive trade 
practices have heightened the need for some countries to ensure food security and reduce externa l 
dependence. Global economic stimulus measures will also distort international agricultural markets. 
It is therefore essential to achieve results on public stockholding for food security purposes and a 
special safeguard mechanism for developing countries.  An outcome in these areas will provide WT/GC/M/188  
 
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  developing countries and LDCs with mechanisms to address the adverse effects of agricultural 
subsidies that distort international markets and plunge millions of farmers into our countries into 
unemployment and povert y. From this perspective, the issue of domestic support for cotton will need 
to be addressed specifically for an outcome at MC12.  
 
Development and Special and Differential Treatment  
 
On overall development and special and differential treatment in particul ar, my delegation calls for 
flexibility and pragmatism in the current and future negotiations, as a guarantee of balanced results 
that take into account the different needs, constraints and levels of development of Members.  
 
Joint Statement Initiatives  
 
My delegation welcomes the progress made in the Joint Initiatives on e -commerce, investment 
facilitation and micro, small and medium sized enterprises. Senegal is continuing its internal 
consultations on these initiatives and reiterates its call for flexible  rules in these areas that can 
incorporate the differences in Members' legal and institutional frameworks, their levels of 
development and the policy space of developing and LDC Members.  
 
WTO Reform  
 
Flexibility will also be an essential ingredient for a successful reform of the WTO and the relevance 
and credibility of the multilateral trading system. Indeed, the resolution of the Appellate Body crisis, 
better functioning of the Councils and Committees , as well as improving the transparency of 
Members' trade policies and practices, are all topics on which Members' concerns, regardless of size, 
must be considered. An inclusive, balanced and transparent reform process is a sine qua non for an 
organization  that is more responsive to the development objectives of Members and more relevant 
in a changing world.  
 
Environment  
 
My delegation welcomes recent initiatives related to trade and environmental sustainability and 
plastic pollution and looks forward to co nstructive discussions on these topics next year.  
 
13. Singapore  
 
2020 has been a difficult year for all of us. The ongoing COVID -19 pandemic has upended the world. 
In such challenging times, it is timely for the Membership to reflect on what we want the WTO t o 
be. Do we want the WTO to be a useful and relevant platform that can contribute to the world and 
post COVID -19 recovery, or are we satisfied with the status quo, where multilateral outcomes have 
become virtually impossible?  
 
Allow me to share three area s where I believe the WTO can make a difference . 
 
One, in the area of eradicating hunger. Singapore, along with 49 co -sponsors, representing 75 
individual Members, have tabled a General Council proposal to boost the World Food Programme 's 
capacity to feed the hungry. The WFP informed Members that over the past ten years, the WFP 's 
lifesaving work has been negatively impacted by export restrictions imposed by Members in different 
regions of the world. These restrictions have invariably led to higher operatio nal costs and delays in 
delivery. In one case, the WFP had to pay an additional USD 1.2 million in transport costs. This 
translated to at least 3.9 million meals lost. With 7 million people having died from hunger this year, 
3.9 million meals lost can have  devasting consequences, and that is just one incident. Hence, we 
urge Members to adopt this decision at the upcoming GC so that the WTO can be a place where the 
hungry does not get left behind . 
 
Two, in the area of health. One and a half million people ha ve died from COVID -19. Unfortunately, 
there is no pause on the death counter and according to one estimate, the death toll could potentially 
hit three million by April next year.  Therefore, it is evident that we must do more to enhance access 
to medical su pplies, equipment and vaccines. To this end, Singapore has co -sponsored the EU -led 
Communication on trade and health, which will be discussed at the upcoming G eneral Council . We 
hope to work with all interested Members to get this initiative off the ground  to deliver concrete 
outcomes swiftly to tackle the pandemic. At the same time, we welcome the ongoing dialogue on WT/GC/M/188  
 
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  how IP can be part of the solution, rather than a barrier, to address the impact of COVID -19. We 
thank the various proponents who have tabled  informative material which enriches the debate. We 
look forward to working with Members to ensure that the WTO can be a place where the sick does 
not get left behind . 
 
Three, in the area of digital transformation. The pandemic has clearly accelerated the digital 
transformation, with more daily activities being moved online this year. It is thus heartening that 
the JSI on E -Commerce has been making steady progress in 2020. First, it demonstrates that WTO 
Members are determined to respond to the new realitie s of the pandemic. Second, it has enabled 
the JSI to produce the consolidated text that will serve as a good basis to advance work next year. 
This is probably the largest digital trade negotiation in the world , with currently 86 Members, and 
unsurprisingly , it can be challenging to converge on intent and positions. However, the consolidated 
text represents a good baseline to work with. As a co -convener of the JSI on E -Commerce, along 
with Australia and Japan, Singapore will continue to work hard with Member s so that the WTO can 
be a place where people are not left behind due to the digital transformation.  
 
However, for the WTO to be a place where people come together to find solutions to ensure that no 
one gets left behind, Members must get out of our comfort zones and engage sincerely. 
Unfortunately, what we have seen are some Members saying yes, I support this idea that ensures 
no one gets left behind, but carve me out of any obligations. Others should do it, just not me. Hence, 
what Members must do is to demonstrate that we care enough to be willing to do something concrete 
and constructive about it. Hence , as we approach the end of 2020, let it be a time of reflection for 
all of us, to consider how we can collectively enable the WTO to become an organization where its 
Members really care enough to ensure that no one gets left behind . 
 
To conclude, the COVI D-19 pandemic has shown us that we need to renew our efforts to ensure the 
WTO is fit for purpose and is ready to tackle global challenges. To do this, we have to rebuild trust 
in the organi zation and among its Members. We need a D irector -General  to steer this ship through 
difficult waters. Hence, we look forward to the D irector -General  being appointed soon so that 2021 
will be a better year for the WTO and all its Members.  
 
14. Republic of Korea  
 
Despite unprecedented challenges caused by the pandemic, the WTO  has proven to be relevant in 
times of crisis and is expected to play a pivotal role for the expeditious recovery of the world 
economy. Although ongoing negotiations were disrupted by COVID -19, we have yet achieved 
meaningful progress which is very crucial  for the positive outcome at MC12 next year. With 
strengthened efforts, we should maintain and accelerate the current momentum in the coming year.  
 
I would like to highlight several areas of negotiations where we should join heads for further 
progress.  
 
Fisheries Subsidies  
 
Members have constructively engaged to move forward the negotiations through various 
configurations including H ODs meetings. We commend the tireless efforts of the Chair and welcome 
the second revised text. Korea will contin ue to actively engage in negotiations to reach an agreement 
as soon as possible in 2021. In this vein, I would like to encourage the Chair and Members to start 
preparing the work program me for 2021.  
 
Agriculture  
 
The CoA SS should keep the current practic al and balanced approach for further technical 
discussions. Korea also welcomes Singapore’s proposal not to impose export restrictions on food 
purchases made by WFP for non -commercial humanitarian purposes. Export -restrictive measures 
can lower food availa bility on international markets, which contribute to higher price and undermine 
food security in NFIDCs  including LDCs. Developing or developed, or exporters or importers, should 
all work together to achieve our common goal, UN SDG 2, zero hunger . This wil l demonstrate that 
despite different circumstances and interests, Members can still come together and build confidence 
in this multilateral regime . 
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  Electronic Commerce  
 
COVID -19 has facilitated the growth of remote and contactless e -commerce, in place of person -to-
person and physical manners of trade and transaction. The significance of establishing global 
disciplines to keep Members on par with this trend of rapid digitalization has never been so 
emphasi zed. Against this backdrop, eighty -six Members ha ve vigorously engaged in negotiations 
this year through various combinations of small group meetings. Through their arduous work, 
Members were able to deliver a much more streamlined consolidated text as we had planned in the 
beginning of this year. It is imp erative that this momentum should continue as digital trade will be 
an irrevocable norm in the post -pandemic era. I call for Members' continued efforts to reach a high 
standard outcome. Korea also remains committed to making greater contribution as we move  
forward . 
 
Investment Facilitation for Development  
 
Last, but not least, it is fair to say that this year has been a very productive one for Structured 
Discussions on Investment Facilitation. We note the progress that has been made since negotiations 
kicked off in September and look forward to continuing our active engagement in the coming year.  
 
I am confident that with reinvigorated spirits in the new year, we can come together to agree on 
new trade rules by MC12 and prove once again that the WTO can deli ver meaningful outcomes.  
 
15. Norway  
 
The darkest days of 2020 are soon behind us. Winter solstice is just a few days away. Coming from 
a country where the amount of daylight at this time of the year is quite limited, the moment when 
"the sun turns around", as  Norwegians say, is a moment of relief and filled with hope that brighter 
days are awaiting us . 
 
We would like to thank the Negotiating Group C hairs, as well as the Coordinators and Co-Conveners 
of the various joint statement initiatives for their status r eports. While there is no lack of challenges 
identified, the reports also provide proof of the positive energy present in the Membership . 
 
The vast majority of Members are constructively engaged in ensuring that this organization delivers 
and improves. The amount of energy displayed in the various multilateral and plurilateral processes 
do not only light up the current darkness, but also provides an excellent basis for moving forward.  
 
A package of recommendations related to micro, small and me dium-sized enterprises has been 
completed.  An informal working group on trade and gender and structured discussions on trade and 
environmental sustainability have been established . 
 
We have seen substantial progress in the Joint Statement Initiatives on e -commerce, investment 
facilitation for development and domestic regulation in relation to trade in services. We hope to see 
concrete results from this work next year, with e -commerce of particular importance in updating our 
rules to the digital age.  
 
We should also acknowledge the significant progress made in the most important multilateral process 
going on – fisheries subsidies. Let me thank Ambassador Wills for his report and tireless efforts, as 
well as the efforts of the Friend of the Chair, Ambass ador Chambovey . 
 
We agree with the Chair 's assessment of the state of play and we share the disappointment that we 
have not been able to deliver an agreement by the deadline in SDG 14.6. But we have not given up.  
 
We have overcome many of the obstacles to negotiations that the pandemic has put in our way. The 
Chair presented a revised draft text this fall which continues to be the basis for negotiations. There 
have been frank discussions on key issues, such as overcapacity and overfishing and IUU, but also 
on special and differential treatment, dispute settlement and territoriality, and Heads of Delegations 
have become engaged.  
 
We welcome the intention of Ambassador Wills to issue a second revision of the consolidated text 
by the end of this week, and see t his as an important means to keep the negotiating train moving 
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In this context let us not forget who has the main responsibility for the situation we are in. The 
responsibility rest with us  – the Members. A viable solution can only be found if Me mbers move away 
from fundamental positions and accept the need to find compromises . 
 
A fundamental challenge remains on how to balance the insistence of many Members, both 
developed and developing, to retain national policy space on the one hand, with sust ainability and 
fairness on the other hand. We need to remind ourselves that the core purpose of these negotiations 
is to restrict policy space. Introducing prohibitions, as we are mandated, will necessarily have to 
restrict our policy space – for the benef it of the sustainability of our common marine resources. This 
is urgently needed for the benefit of all, including those who rely on fisheries for employment and 
income.  
 
So where do we go from here? The most important thing is to keep up the momentum and continue 
negotiations in full force, and we support the ambitions of Ambassador Wills in this regard. The fact 
that we have not been able to meet the deadline set by our Heads of Government should inspire us 
to step up our efforts to the maximum in order t o conclude the negotiations as soon as possible. 
This is what we have been instructed to do.  
 
16. Barbados  
 
Barbados aligns itself with the statement to be delivered by Saint Lucia on behalf of the CARICOM 
Group and the statement delivered by Jamaica on behalf  of the ACP Group.  
 
As we close out on a year marred with uncertainty and adversity, we do believe that there is a need 
for reflection on the meaning of multilateralism and what it means for the WTO; and reflection on 
the WTO and what it means for its Memb ers. Although the crises that have emerged from the 
pandemic has revealed the vulnerability of all countries, they have highlighted the disproportionate 
impact that these have had on developing countries, particularly those that were already regarded 
as vu lnerable. The necessity to close borders meant that for Barbados, its main source of foreign 
exchange  and tourism ceased instantaneously and highlighted the importance of trade, particularly 
in light of our dependence on imports for food security and acces s to critical personal protective 
equipment as well as medical equipment and supplies . 
 
It also accentuated our inherent vulnerability to exogenous shocks, be they environmental or 
economic, and for us, the need to ensure that the criteria for concessional  loans and financing go 
beyond per capita income measures to include multidimensional vulnerability indices. Our recent 
discussions have also given rise to us to state our inability to accept any proposal which suggests 
the use of per capita income as a cr iterion for accessing special and differential treatment in the 
WTO. This is not only applicable for the negotiations on fisheries subsidies but also for other areas 
in the WTO, including in the discourse on differentiation in the General Council.  
 
Sustainability underpins our development and indeed in light of the challenge posed by climate 
change – our continued way of life and ultimately our existence. These are among the motivations 
that have driven Barbados'  advocacy on climate change and sustai nable development at the 
international level and our engagement in the WTO on issues related to the environment, including 
in the fisheries subsidies negotiations. Barbados continues to be of the view that we must remain 
faithful to the mandate underpinnin g the fisheries subsidies discussions, which speaks to addressing 
the problem of prohibiting harmful subsidies . 
 
If we are to truly treat to this mandate we must take care that we do not wittingly or unwittingly 
create ambiguity in the rules which would al low for major subsidisers to circumvent the prohibitions 
under the guise of sustainability. We must also ensure that we do not effectively punish those 
countries that are not responsible for the problem of overcapacity and overfishing. Special and 
differen tial treatment for developing countries and LDCs continues to be an integral aspect of the 
discussions. As a resource -poor and small island fishing nation experiencing under -capacity of its 
fishing sector, we must be afforded the opportunity to develop our  fisheries sector, albeit in a 
sustainable way.  
 
A significant aspect of our response and recovery will depend on the ability of our services sectors 
and related productive sectors to rebound from the economic crisis. Through the ACP Group , 
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  that have arisen owing to COVID -19 in the "exploratory discussions " in the Council for Trade in 
Services in Special Session. These for the most part have been based on the s ubmissions of others.  
As a member of the Group , we are exploring the contours of a submission based on our interests, 
and is based on the built -in mandate and GATS flexibilities for developing countries and LDCs.  
Barbados joins with the ACP Group in inviti ng outcomes on any discussions on market access to 
reflect sectors and modes of supply of interest to our countries . 
 
Barbados is disquieted about the attempts to bring issues on the subject of unilateral imposition 
under a rules -based system and therefore  under the remit of the WTO 's dispute settlement system, 
for example, the issue of anti -money laundering and counter terrorism financing in the context of 
the investment facilitation discussions. This issue for instance is one which has no multilateral 
intergovernmental framework or governance structure and, in some instances, do not allow for 
bilateral consultation ahead of sanction on these issues. Barbados will continue to actively participate 
in these discussions with an aim to ensure that due regard is  given to its position.  
 
17. Iceland (Informal Working Group on Trade and Gender)  
 
I would like to use this opportunity to inform you and the Membership on new developments in the 
Informal Working Group  on Trade and Gender.  
 
The Informal Working Group on Trade and Gender held its first meeting on 11 December at the 
WTO. The establishment of the Informal Working Group was the result of consultations with  Members 
who expressed support for following -up on the commitments of the Buenos Aires Declaration on 
Trade and Women's Economic Empowerment . 
 
The Working Group thus represents the next phase of the implementation of the Buenos Aires 
Declaration. The Group will be collaborative, informal, inclusive, open and transparent as requested 
by Members.  
 
At the meetin g, we had a presentation on a report on "Delivering the Buenos Aires Declaration on 
Trade and Women 's Economic Empowerment". It was presented by the Trade Impact Group, the 
group that initiated the Buenos Aires Declaration. The publication is available for  all Members . 
 
During the meeting , Members agreed on how to schedule the work next year and until MC12. 
Meetings will be held every second month with some flexibility for more frequent meetings when 
needed, for instance when we will be preparing for a Ministerial meeting.  
 
We will have four fixed items on the agenda of the Informal Working Group:  
 
• Share best practices among Members on increasing women's participation in trade,  
 
• Considering a concept and scope for a gender lens in the context of international trade 
and review how a gender lens could be applied to the work of the WTO . 
 
• Review and discuss gender -related analytical work.  
 
• Contributing to the Aid -for-Trade Work Programme.  
 
18. Iceland  
 
The negotiations on fisheries subsidies have been hig h on the WTO agenda this year. Indeed , 2020 
was the deadline set by world leaders. This task is of no little importance. The harmful impact of 
certain forms of fisheries subsidies on the environment and the health of fish stocks is well -
documented and has been a subject of discussion at the WTO for almost 20 years . 
 
The target was not met, and that is regretful. However, that does not mean that all is lost. Our work 
must continue until an agreement is reached. As Nelson Mandela once said , "It always seems 
impossible until it's done ". This can be done. The outcome will establish a clear commitment from 
Members not to grant fisheries subsidies unless they have assessed the impact of such subsidies on 
the sustainability of the fisheries . 
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  I would like to thank Ambassador Wills for his commitment and hard work since his appointment as 
Chair of these negotiations. His work has brought us forward, and discussions on the draft texts 
have been constructive. There has been progress and some convergence. However , difficult 
discussions remain. I would like to thank Ambassador Chambovey for taking on the position of Friend 
of the Chair to lead the complex and important discussions on S&DT . 
  
We look forward to receiving the new revision of the draft text and to the contin uation and the 
successful conclusion of our important negotiations in the new year. We fully support how 
Ambassador Wills foresees the continuation of our work in the new year, in these challenging times, 
and I thank him again for his commitment.  
 
19. Turkey  
 
Due to the COVID -19 pandemic , we have urgent priorities. Now , the world is struck by a second 
wave of the pandemic.  
 
The masks which we have to wear every day remind us of the very serious threat we face. They 
remind us of the challenges we need to overcome. And more importantly they remind us that we 
are in this together and highly interdependent to each other.  
 
We need joint actions which require effective multilateral institutions. We should prevent the loss of 
reputation of international organizations which are very dear to us all. And no doubt the WTO is one 
of them . 
 
Social distancing will not help at the international level. With the pandemic, the contraction in global 
trade, which already sharpened after 2018 due to growi ng unilateral trade measures and 
protectionist policies, is intensified. It is a clear signal for us. Rather than engaging in a zero -sum 
game, we should focus on win -win conditions which can benefit the entire Membership . 
 
The pandemic has brought to the f ore once again the relevance of the WTO rules on trade and 
underlined the need to make the WTO more relevant, functional and up to date. Trade is now more 
essential than ever to save lives and international cooperation is needed to keep the trade flowing . 
 
We have to concentrate on additional steps to make sure that no one is left behind in our response 
to the pandemic. For this reason, the WTO should do its part in configuring global solutions to ensure 
affordable, secure and uninterrupted access to food a nd key medical supplies, including vaccines 
and pharmaceuticals.  
 
Overall, our actions and negotiations under this roof are much more critical. Against this backdrop, 
at the end of the year, we still see there are a broad range of issues remaining unresolv ed and 
several discussions end up without satisfying outcomes . 
 
Among these, a dysfunctional dispute settlement mechanism due to the paralysis in the A ppellate 
Body persists to be a major issue. Our utmost priority should be focusing on steps to restore th is 
mechanism and we should invest our energy on crafting multilateral ways to maintain its two -tiered 
character.  
 
With regard to agriculture, the progress in the negotiations continues to be a top priority for Turkey. 
However, during the recent CoA SS meet ings, we observe that the significant divergences remain 
and concerns on inequalities and imbalances of the current system could not be addressed . 
 
This organization is tasked to contribute to global wealth as well as sustainable development. We 
clearly se e the sustainability aspect in our mandate on fisheries. We recogni se the considerable 
progress on the discussions conducted on a consolidated text. However, as implied by the NGR Chair, 
we were not able to build an understanding towards an agreement and b ridge the significant 
divergences on substantive issues. A timely agreement on fisheries subsidies will also help to 
mitigate the challenges of this organization through demonstrating its capability to deliver 
comprehensive, meaningful and concrete outcome s. Turkey appreciates  the tireless efforts of 
Ambassador Wills in this regard and once again expresses its readiness to contribute to negotiations.  
  
We clearly see that there is a rooted trust deficit among Members and it poisons ongoing 
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  adopt a sincere constructive approach and a work environment based on mutual understanding. We 
are hopeful that the new year will bring opportunities in that regard. If we can  overcome this trust 
deficit, our divergences on various matters will be resolved much faster.  
 
The adverse effects of the pandemic on services are devastating. We can explore new ways in the 
multilateral forum to equip the services sector with necessary t ools to cope better with current 
difficulties. We think that temporary movement of natural persons, healthcare and logistics deserve 
special attention.  
 
We are pleased with the good and concrete progress in plurilateral initiatives especially on MSMEs 
and Services Domestic Regulation. We hope that the momentum on the Joint Statement Initiatives 
on E-Commerce and Investment Facilitation for Development can be maintained in 2021.  
 
In this new and more challenging international environment, now we all bear add itional 
responsibilities to shoulder. For handling all issues timely and responsibly, appointing the new 
Director -General at the earliest convenience can be the first step ahead. We are confident that the 
successful conclusion of this process in line with the rules and procedures of the organization and 
on the basis of Ambassador Walker 's report will further contribute to multilateralism and the rules-
based trading system . 
 
I wish a merry Christmas to colleagues who celebrate it and a very happy and healthy  new year to 
everyone.  
 
20. Australia (Joint Statement Initiative on Electronic Commerce)  
 
I will first provide a report on work under the Joint Statement Initiative on Electronic Commerce on 
behalf of the Co-Convenors: Australia, Japan and Singapore . 
 
The Co-Convenors were pleased to circulate a consolidated negotiating text on 7 December . 
 
The text reflects recent good progress made in small groups on issues such as e -signatures and 
authentication, paperless trading, customs duties on electronic transmissions, open government 
data, open internet access, consumer protection, spam and source c ode. There has been 
considerable convergence efforts in recent weeks in particular to ensure the consolidated text was 
as streamlined as possible . 
 
The Co-Convenors are also today releasing a public update on the JSI, including the consolidated 
text. 
 
The JSI has met in plenary five times since our last report – and these meetings have included 
updates from small groups to ensure transparency and facilitator -led exchanges on specific 
provisions.  
 
We have been pleased to welcome Ecuador as the 86th participa nt in the initiative.  
 
Japan and Singapore hosted an information session on data flows and locali zation rules in November 
and we have also advanced our work on goods and services market access issues.  
 
Looking ahead, we will hold monthly plenary meetings i n the next few months, and small groups will 
remain an important tool for driving progress. We have discussed establishing three milestone dates 
for 2021 by which we will aim to clean certain numbers of provisions . 
  
The electronic commerce JSI remains ope n, transparent and inclusive: meetings are open to all WTO 
Members and papers are available on the WTO portal.  
 
The COVID -19 pandemic has accelerated the digital transformation, and this trend only underscores 
the importance of our work in the JSI. We will  need to make big strides forward in 2021 if we are to 
deliver meaningful outcomes under the initiative quickly as demanded by stakeholders.  We look 
forward to responding to this challenge with all participants.  
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  21. Australia  
 
Turning to Australia' s statement , we have faced great challenges in 2020 and it is important that 
we, the Membership, take stock of what we have achieved. Where has the WTO stood up and played 
its part in responding to the COVID -19 pandemic and where have  we fallen short? What does our 
2020 report card look like?  
 
The transparency and monitoring function has been particularly highly valued, given the many 
measures introduced in response to COVID -19, and the growing uncertainty in world trade more 
generally. Members have  relied on this fun ction heavily this year. It has been crucial for our 
businesses to have a sense of what measures they face. But there is clearly much more to do to 
improve accountability in the Membership . 
 
The report -card on rulemaking has been mixed.  The two major multilateral negotiations were both 
frustratingly slow.  
 
Australia has invested much in the fisheries subsidies negotiations and we have joined Ambassador 
Wills' tireless efforts to successfully conclude an agreement  in line with the deadline set by our 
Leaders. We support the Chair 's push to conclude as soon as feasible in the new year, although we 
would caution that, to achieve this goal, we will need a commitment from all – developed and 
developing Members alike – to commit to real change in spending on harmful subsidies.  
 
Agriculture has been moving far too slowly. The area of world trade that is most distorted is, 
ironically, securing least traction here in Geneva. The Cairns Group continues to urge all Members 
to show leadership on domestic support – MC12 will not be viable without a strong clear forward 
path on domestic support.  This year , spending on trade  distorting domestic support rose again, 
again harming poor and unsubsidi zed farmers  at the same  time as many of them have become most 
vulnerable. S everal Members have called for work on a level playing field in industrial subsidies. We 
are ready to play our part. But it is vital that we see the next few months deliver more engagement 
from those same Members on a level playing field in agriculture, th e sector of world trade that 
matters so much to most Members in this organi zation.  
 
We are pleased to co -sponsor the draft General Council decision to prohibit export restrictions on 
foodstuffs purchased for non -commercial humanitarian purposes by the Worl d Food Programme, an 
initiative supported by the Cairns Group since July this year. We must be able to make progress in 
this modest initiative and we thank Singapore for its leadership. As the WFP has itself recently 
highlighted, this would further enhance  their ability to assist the poorest and most food insecure 
populations . 
 
Rulemaking in plurilateral format is clearly faring better and we are determined to make progress 
where it is possible.  
 
As I said earlier, we were pleased to join our fellow co -convenors Japan and Singapore to release 
the E-Commerce JSI consolidated text, meeting the deadline we set ourselves. I want to thank all 
participants for their active and constructive engagement . 
 
Encouragingly, all of the other JSIs are also tracking well – and we see services domestic regulation, 
in particular, as ripe for conclusion ideally in the first half of 2021.  
  
Finally, the report card on the dispute  settlement system shows we have more much more work to 
do. Securing a healthy and functioning  dispute  settlement  system – with a functioning appeals 
mechanism – is a crucial part of the WTO Reform task. We are ready to take the necessary reform 
decisions to ensure it is working effectively and is supported by all Members.  
 
We also need to appoint a new Director -General as soon as possible in line with the agreed process 
we all followed . 
 
Let me conclude by wishing our departing Ambassadors well. They have all made big contributions 
here – and while some of these contributions have been unsettling o nes – they have made them in 
a collegiate and professional way. I thank them all for their contribution and friendship . 
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  22. Chad (LDCs)  
 
I take the floor on behalf of the LDC Group . 
 
In this end of year, the 2020 outcome is grim due to the outstanding and une xpected crisis which 
has befell us collectively, struck our populations' health and has profoundly impacted our trade and 
levels of growth.  
 
However, in this extremely difficult context, we have also been able to develop a level of solidarity, 
in trying to face the amplified fracture d forms that this type of event can generate.  
 
Thus, within the WTO framework, many delegations, including LDCs, called for keeping a facilitated 
trade of essential food and pharmaceuticals products to combat the advers e effects of the pandemic. 
These calls are bearing fruit and we reiterate our call on Members to refrain from implementing 
restrictive measures on exports of essential medical and agricultural products much needed by LDCs.  
 
In addition, as of today, we fin ally see hope for getting rid of the COVID -19, following the 
announcement of the discovery of vaccines. This is also proof that collective efforts aimed at the 
same goal can bear fruit, sometimes more quickly than anticipated. So, we can reasonably expect 
that this good news for humanity will also have a significant positive impact on the recovery of world 
trade and growth in 2021. We hope so because our budgetary situations are very difficult.  
 
Despite the significant logistical constraints that the pandem ic has engendered, we have been able 
to find the means to pursue our negotiation work, even if the current format based exclusively on a 
virtual mode is not ideal. We greatly thank the Secretariat for the very useful tool put in place, but 
we hope above al l that we will be able to return soon to a normal situation of face -to-face interactions 
which are more efficient.  
 
As for the negotiations themselves, the LDC Group has shown its engagement in various trade -
related issues and in negotiations, despite our limited human and financial resources. It is a real 
challenge for our small delegations to lead head -on, at a high level of technicality, discussions and 
negotiations as part of the WTO work. Thus, we would like to highly commend the LDC Group 
Members for their engagement with partners, in view of achieving a more fair, equitable and inclusive 
multilateral trading system. The work carried out at the WTO will have a big impact on our 
development aspirations.  
 
Fisheries Subsidies  
 
We are aware that there is s till work to be done in order to reach an Agreement. The COVID -19 
pandemic has not made our task easier, and the way of working it imposed might last longer in the 
new year. However, we have made progress and identified the issues on which we need to reach  
consensus. The issues are not only about special and differential treatment. First and foremost, 
Members must resolve the nature of the discipline itself which will shape how far we must arrive on 
special and differential treatment commensurate with our l evels of development . 
 
The LDC Group will remain constructively engaged in order to reach an outcome by MC12 which 
takes account of our concerns regarding IUU fishing, the protection of artisanal and small -scale 
fishing as well as special and differential treatment for LDCs to harness our fishery resources in a 
sustainable manner . 
 
Agriculture  
 
Negotiations, especially on domestic support, remain a priority. We keep defending a drastic 
reduction of the type of domestic support which distorts markets and com petition, to the detriment 
of LDCs producers. On cotton trade, our group continues to defend a complete elimination of 
domestic support to cotton production as this activity represents a vital source for our economies 
and serves as a real instrument to com bat poverty in our countries.  
 
Electronic Commerce and TRIPS  
 
Over the past few months, our Group has also underlined how imp ortant  it is for LDCs to be better 
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  sustainable development  and industriali zation and to better benefit from electronic trade. In this 
regard, we have submitted a draft decision to the TRIPS Council requesting an extension of the 
transition period from some provisions, as long as we remain  LDCs. We hope that Members will 
accept our duly motivated request. Likewise, we have submitted a communication calling for the 
revitalization of the Work Programme on Electronic Commerce and the need to respond to LDCs' 
infrastructure constraints to engag e in e -commerce.  
 
Special and Differential Treatment  
 
Our Group defends the introduction of specific provisions for LDCs in order to facilitate our integration 
momentum to world trade and to lighten the administrative procedures' burden that can slow us 
down. S &DT is a WTO principle which underscores that LDC  Members are not at the same level of 
development and that the most fragile among them need assistance to integrate and consolidate in 
view of being able to comply at an equal level with the multilateral trade standards.  
 
LDC Graduation  
 
Our Group also advocates for maintaining LDC flexibilities to Graduated LDCs so as to ensure a 
smooth and seamless transition to developing country status for LDCs that have just graduated. In 
this regard, we have submitted two proposals, one relating to t he TRIPS Agreement and the other 
relating to the other WTO Agreements. We hope that the proposed transition period will be accepted 
by the Membership.  
 
WTO Reform  
 
The LDC Group is evidently in favour of a more efficient functioning of the organization for  delivering 
results. However, the reform cannot come at the cost of an increased burden for LDCs. This must 
be taken into account. We have submitted a communication in this regard in December 2019. Also, 
we call for the appointment of new members of the Ap pellate Body as soon as possible, in order to 
restore the full effectiveness of the WTO for the benefit of its Members and for strengthen ing the  
multilateral trading system. Likewise, it is necessary for the smooth progress of the negotiations 
that the nex t Director -General, who will also serve as Chairperson of the Trade Negotiations 
Committee, be appointed as soon as possible.  
 
The LDC Group reiterates its full commitment to the ongoing negotiations and other WTO work, to 
the extent possible, given the me ans at our disposal. We are in favour of a strong, fair and inclusive 
multilateral trading system. We will continue to show a constructive spirit towards successful 
outcomes in the run up to the Twelfth Ministerial Conference.  
 
23. Guyana (CARICOM)  
 
I make thi s statement on behalf of the Caribbean Community (CARICOM) Group in Geneva . 
 
The CARICOM Group also associates itself with the statement delivered by Jamaica on behalf of the  
ACP Group. We appreciate the reports from the Chairs of the various WTO Bodies an d thank them 
for their good work during a particularly difficult year.  
 
Fisheries Subsidies  
 
The CARICOM Group is committed to seeing a good and meaningful agreement reached soonest and 
will continue to play an active and constructive role towards this end . In this respect, we wish to 
reiterate the following points of critical interest:   
 
• First, the importance of the fisheries subsidies negotiations to the economic, social and 
environmental sustainability of our fisheries sector and the preservation of live lihoods. 
As discussions progress under the different pillars, CARICOM wishes to emphasi se that 
along with the majority of developing countries, we have had minimal impact in 
contributing to the degradation of fisheries resources, as we have neither the cap acity 
nor the financial resources to provide these types of subsidies. We are mostly small 
producers. We have low levels of subsidization and we should not be penali zed or made 
to bear the burden of the large scale producers who are the major subsidizers . 
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  • Second, our economies face structural constraints that limit the growth prospects. We 
need the policy space and support to grow the fisheries sector in a sustainable manner. 
Eligibility for special and differential treatment should not be based on income criteria 
such as GNI per capita and GDP, as such metrics do not provide an accurate picture of 
the vulnerabilities faced by our region.  
 
As the negotiations advance during this critical stage, we must ensure that work on the draft 
consolidated text proceeds in an unambiguous, inclusive and transparent manner . 
 
Electronic C ommerce  
 
We recall our observations in October concerning the need to regroup, given the impact of the 
pandemic on plans for a reinvigorated Work Programme, including structured dis cussions , in 2020. 
The CARICOM Group has paid close attention in this last quarter to the various narratives on 
electronic commerce in the Council for Trade in Services, in particular, and in the General Council, 
even as we keep an eye on the parallel JSI process . 
 
There is an evident chasm between Members who are keen to negotiate disciplines on electronic 
commerce and those who are not convinced that new rules constitute the solution that will allow us 
to participate effectively in digital trade and share  in the benefits. Moreover, the pandemic has, in a 
real way and in real time, exposed – and perhaps even widened – the gap between those already 
positioned to harness these benefits and those who are not. In those circumstances, w e would 
support focused discussions on e -commerce and development, early in 2021. Such discussions, we 
believe, could be productively elevat ed at the level of the General Council and Heads of Delegations . 
 
Services  
 
We take note of the work over the past year in the various Committees and Subsidiary Bodies in the 
context of the Committee on Trade in Services. However, the most significant mome ntum has, 
perhaps, been in the parallel Joint Statement track with respect to Services Domestic Regulation. 
The issue of domestic regulation in services is important to us and we hope that Members will find 
a way to bring these discussions into the multila teral fold so that we can have an outcome that is 
consistent with our multilateral obligations as set out in GATS Article VI:4 . 
 
Investment Facilitation for Development  
 
We note that Members have entered formal negotiating mode. Four CARICOM Member States are 
part of this process and the wider region has a systemic interest in the investment facilitation and 
sustainable development nexus. We note the developments in the JSI process and encourage 
participants to keep development at the centr e of their negoti ations . 
 
WTO Reform  
 
While, regrettably, we have not been able to advance during this year – and the pandemic certainly 
has not helped – we are hopeful that 2021 will prove to be different and we can, inter alia, restore 
the proper functioning of the  dispu te settlement system and advance the conversation on how the 
WTO can best support the development objectives of its Membership, particularly the SVEs. 
 
24. United States  
 
This is my last HODs meeting. I never expected that someday I would represent my country at the 
World Trade Organization. It has been a great privilege and I will always be grateful to President 
Trump and US Trade Representative Robert Lighthizer for this opportunity.  
 
I want to thank my WTO colleagues for their warmth and openness. From day o ne, you have 
welcomed me and extended the hand of friendship. You have helped make my experience a deeply 
enriching one.  
 
My thanks also go to former Director -General Roberto Azevedo, the four D eputy Directors -General , 
and the entire Secretariat team for the professionalism they consistently display. I have benefited 
from the Secretariat 's expertise which they have generously shared.  
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  In particular, I want to thank DDG Wolff for his passion and commitment and frequent words of 
wisdom and thank you, DDG Brauner, for your steady hand in keeping the WTO running during the 
pandemic while protecting the health of us all. You have done an outstanding job.  
 
I wish to acknowledge the members of the US delegation, who each day – by their words and actions 
– contribute immensely to the work of this institution.  
 
Finally, I want to thank the Government of Switzerland for allowing the Shea family to enjoy the 
delights of this beautiful country.  
 
As I reflect on my nearly three years at the WTO, one of the roles I th ink I have played is to expose 
problems that pre -existed my arrival in Geneva, but were largely ignored despite requiring more 
forthright attention.  
 
So, in that spirit, please allow me now to offer some final thoughts and observations.  
 
I have been hearin g recently that what ails the WTO is a "lack of trust" among its Members. I 
respectfully disagree with this diagnosis.  
 
Colleagues, when each of you takes the floor here at the WTO, I trust that you are faithfully 
representing the views of your governments . And I believe you trust that I, too, have been conveying 
the views of the Government of the United States, hopefully with some clarity and persuasiveness.  
 
As I see it, the core problem at the WTO is not a lack of trust but a lack of like -mindedness. We 
simply disagree on some fundamental issues. These divides make progress here at the WTO 
exceedingly difficult and threaten the institution itself.  
 
Let me point out three areas where I believe the lack of like -mindedness is most pronounced and 
problematic.  
 
First, the WTO is designed to support free and fair trade based on market competition. As one of the 
main architects of the multilateral trading system, the United States has always believed that 
adherence to market -based policies among trading parties w as essential if this system is to work 
effectively and fairly. We held this belief when we joined the GATT, agreeing to rules dedicated to 
openness, transparency, and fair, market -oriented competition grounded in the rule of law. We held 
this belief when w e signed the Marrakesh Declaration with its commitment to "open, market -based 
policies ". And we held this belief when we have insisted in literally dozens of WTO accessions that 
the acceding party undertake domestic reforms to reduce the role of the state in the economy and 
increase market orientation.  
 
Unfortunately, some  Members apparently do not believe that market orientation is part of the WTO's 
DNA. In their view, the WTO is agnostic between market and non -market economies – both belong 
here on an equ al footing. This is not just a philosophical difference; it also has a practical impact.  
 
In 2001, when China acceded to the WTO, there was much hope that its economy would further 
open up, liberali se and embrace market principles. Regrettably, this future  has not fully materiali zed. 
In fact, we have witnessed significant retrenchment, a process that has been ongoing for well over 
a decade.  
 
Today, we see an economic system in China in which State-owned and State -influenced "national 
champions " are lavishly funded by State-owned banks, charged with meeting State-determined 
industrial policy goals, assisted in this effort by State-sanctioned intellectual property theft and cyber 
espionage, and supported by a panoply of policies that discriminate against foreign competition. Add 
to this mix the absence of an independent judiciary where business disputes can be decided fairly, 
highly restrictive information controls, increasing Party involvement in state -owned and private 
enterprises alike, and an o verall lack of transparency, and the playing field becomes even more 
unlevel.  
 
Such a State-led, non -market economic system is incompatible with the WTO and its norms. To 
believe the WTO can manage this system 's trade -disruptive impact under current rules and through 
the dispute settlement process is fantasy.  
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  Second, the United States has long believed that greater integration into the international trading 
system through compliance with WTO rules is good – a net positive – for a nation 's economic 
development. While the U nited States has always supported special and differential treatment for 
LDCs and less developed nations, we believe the ultimate goal of everyone should be full compliance 
with the rules as laid  out in the various WTO agreements.  
 
Unfortunately, it seems today that the overriding preoccupation of far too many  Members is to be 
exempt from the rules. This situation is made worse when some of the world 's largest trading nations 
and advanced economie s claim entitlement to S&DT as of right. So the question becomes: If you 
don't want to abide by the rules of this organization, why be a Member?  
 
I'll answer that question: Clearly, participation in the global trading system results in benefits. That 's 
why WTO membership is valuable. But the system cannot be sustained if Members continue to 
extract benefits without making commensurate contributions.  
 
The third area where the lack of like -mindedness is pronounced is, of course, dispute settlement. As 
express ed in the Dispute Settlement Understanding, the WTO Membership never charged the 
Appellate Body with creating a corpus of international trade jurisprudence – its role was to promptly 
make recommendations that would assist the DSB in resolving individual di sputes. The role of issuing 
authoritative interpretations of the WTO agreements that are binding on all Members has always 
been reserved to the Members themselves, acting in the Ministerial Conference or the General 
Council.  
 
The intended mandate of the Ap pellate Body was therefore always a limited one – to correct legal 
errors by panels and to do so expeditiously.  
 
The debate over the past three years demonstrates that some WTO Members have a fundamentally 
different vision for appellate review than the lim ited role set out in the DSU. They see the appellate 
reviewer as an independent international court charged with establishing binding precedent, 
enforcing "coherence," filling gaps in the agreements, and creating a global common law of trade . 
 
This clash o f visions simply can not be papered over with a few word tweaks here or there. It requires 
a much deeper conversation, one that the U nited States  has repeatedly sought.  And let me add that 
concerns about Appellate Body overreach and rule -breaking are longst anding and shared across the 
political spectrum in the United States.  
 
With these wide divergences among the Membership, it  is no wonder that the WTO has 
underperformed over the past 25 years – just one multilateral agreement, the Trade Facilitation 
Agreem ent, and no multilateral outcome that reduces tariffs and improves market access.  
 
On fish, it is true we have made some progress thanks to the efforts of Ambassador Santiago Wills 
with help from Ambassador Didier Chambovey and despite this year 's unique c hallenges. But let  us 
be serious: this negotiation has been ongoing for nearly twenty years, and by that measure, progress 
is very modest. This is certainly not the timeline of an organization aspiring to be effective and 
relevant.  
 
Where the WTO goes from  here, I do not know. But, in my view, building greater like -mindedness 
and a sense of shared purpose around a common set of values will be essential if the system is to 
survive and live up to its significant potential. To those who wish to engage in this enterprise, I will 
be rooting for you.  
 
I hope my cando ur has made some contribution to the WTO Reform effort. Most of all, I hope that 
you and your families stay safe and well, and I wish each of you much happiness in the years ahead.  
 
25. Philippines  
 
Allow me, on behalf of the Philippine delegation, to express our appreciation to all the four DDGs  – 
DDG Yonov Frederick  Agah, DDG Karl Bra uner, DDG Alan Wolff and DDG Yi Xiaozhun  – for their 
steady leadership in holding the fort for the next Director -General an d in guiding the WTO during 
this very challenging year for the Membership and for all the delegates here in Geneva.  
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  The Philippines associates itself with the ASEAN statement to be delivered by Viet  Nam as this year 's 
ASEAN Chair. We echo our ASEAN colleagues in extending our delegation 's deep appreciation to all 
the Chairs of the Negotiating Bodies for their leadership and tireless work in helping move our 
negotiations forward despite the unique difficulties posed by the COVID -19 pandemic.  
 
Fisherie s Subsidies  
 
On the rules negotiations on fisheries subsidies, the Philippines wishes to thank Ambassador 
Santiago Wills for delivering as promised a single consolidated negotiating text in document 
RD/TN/RL/126/Rev.1 dated 2 November 2020. The revised doc ument represents a lot of hard work 
from the Chair and tremendous amount of engagement and participation from all the delegations. 
We therefore commend the work to date, while not delivering as scheduled this December 2020, 
allows for a basis to move forwa rd the negotiations and we express support for the Chair 's call for 
all delegations to exercise constructive and reasonable flexibility so that the WTO may achieve and 
deliver on the Leaders ' instructions to effectively discipline fisheries subsidies.  
 
Agriculture  
 
On the agriculture negotiations, the Philippines takes this opportunity to express appreciation to 
Ambassador Gloria Abraham Peralta for her leadership of the CoA SS that builds on the hard work 
of her predecessor. We support her providing new im petus for delegations to engage positively 
through facilitator -led discussions, and welcome the participation of the expert facilitators and 
express our appreciation as well  to the Members that have provided the C oA SS Chair with the extra 
assistance throu gh their volunteer experts.  
 
Joint Initiatives  
 
The Philippines commends the progress in the various MC11 Joint Statement Initiatives, and the 
hard work of the Coordinators and participating delegations to achieve by our year end substantial 
progress on co nsolidating textual provisions and giving shape and structure to the desired and 
proposed outcomes whether in time for MC12, or even earlier.  
 
• MSMEs : We are particularly pleased to endorse the Informal Working Group on MSMEs ' 
package of recommendations and  declarations to facilitate MSMEs participation in 
international trade that the working group adopted on 11 December 2020. Since the 
inception of the MSME discussions in the WTO in 2015, when the Philippines submitted 
a proposal to the General Council to f acilitate horizontal discussions on MSMEs, we are 
glad to see the significant advancement of work on this initiative to foster MSMEs 
participation in global trade.  
 
• E-Commerce : Further, we recogni se the progress in the negotiations of the trade -
related asp ects of electronic commerce as it delivers a consolidated text in document 
INF/ECOM/62 circulated on 7 December, which will provide a common basis to advance 
the negotiations next year.  
 
• Investment Facilitation for Development : We commend the progress in t he ongoing 
round of negotiations on the informal consolidated text on Investment Facilitation for 
Development which saw a high level of participation and engagement from Members. 
We look forward to continuing the negotiations in January 2021 with a view to  achieving 
a concrete outcome at MC12.  
 
• Women Empowerment : We welcome the progress towards the implementation of the 
Buenos Aires Joint Declaration on Trade and Women 's Economic Empowerment and look 
forward to working collaboratively with Members in the in formal, open and transparent 
working group launched on 23 September and which held its first meeting on 10 
December to further advance the objectives of the Joint Declaration.  
 
• Domestic Regulation : We also take note of the progress made under the Joint Ini tiative 
on Services Domestic Regulation this year. Even though the Philippines is not a 
signatory to this Joint Initiative, we appreciate the open -ended engagement and we are 
keeping capital fully informed of developments, including the fact that participa ting 
Members have committed to a significant outcome at MC12, and to this end, that WT/GC/M/188  
 
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  participants are preparing their indicative draft schedules and hoping to deliver on a 
clean Reference Paper.  
 
26. Brazil  
 
Thank you, Deputy Director -General Brauner.  
 
We end 2020 with the WTO in a situation of both crisis and transition. We accumulated over this 
year a series of problems: the paralysis of the Appellate Body, the inability to deliver negotiating 
outcomes specifically in fisheries, the slow pace of the refor m agenda, the impossibility of holding 
MC12 due to the pandemic, the inability to choose a new Director -General and the rise in agricultural 
subsidies disbursements all over the world. We need to address these problems if the WTO is to 
remain relevant as w e all want.  
 
As highlighted by President Bolsonaro in the last G20 Summit, Brazil believes WTO Reform is a key 
element for the world economic recovery from COVID -19 and we advocate for advances in the three 
pillars: negotiations, dispute settlement and tra nsparency . 
 
We have challenges in the next twelve months which simply cannot wait. First, we need to choose 
a new Director -General in accordance with the rules and procedures we have all agreed upon. The 
WTO needs political leadership at the highest level to navigate the most serious crisis of this 
organization . 
 
Second, we need to make sure that disproportionate and protectionist measures placed during the 
pandemic are rolled back while preserving Members' sovereign right to protect their populations in 
periods of public health crisis. While affording disguised and opportunistic protectionism, we need to 
address structural elements that the pandemic brought to the forefront including trade and public 
health as well as trade in food and agriculture . 
 
Third, we need to prepare for MC12 in 2021 which must include clear deliverables in agriculture 
particularly in domestic support and SPS. The pandemic highlighted the need to cap and reduce all 
forms of trade and production distorting support entitlements. On the conclusion of the fisheries 
negotiations, it is regrettable that we did not manage to conclude the negotiations this year. Let us 
hope that the delay gives us the opportunity to have a more robust outcome – one that truly delivers 
on sustainability and trade . 
 
WTO Reform must also include the multilateral rebuilding of the Appellate Body. Brazil will be ready 
to engage in discussions to re -establish a two -tiered dispute settlement mechanism for the WTO. 
WTO Reform must equally include i mportant horizontal elements such as the principle of market 
economy, development and S&DT. Brazil wants above all a reformed WTO, one that works and 
delivers. We are ready to engage with others in strengthening the multilateral trading system in 
2021.  
 
27. Panama (Article XII)  
 
I am delivering this statement on behalf of the Group of Article XII Members.  
 
As we have already said in the previous statements, our Group expects that current negotiations 
should result in leve lling the imbalances that have accumulat ed in Members ' commitments with each 
new accession negotiation.  
 
We also believe that to reach a level playing field, all those Members that currently enjoy higher 
levels of entitlements, that maintain significantly lower levels of commitments than those t hey asked 
of acceding Members, will have to make more significant contributions within the ongoing reforms 
process . 
 
The Group wants to recogni se the efforts made by the Chair of the CoA  SS in setting up multiple 
rounds of conversations with the Membership through a facilitator -led process, and those of Members 
contributing to constructive discussions. In this regard, we reiterate the importance of promot ing 
dialogue, inclusiveness and the sharing of information . 
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  Our Group reminds Members that th e built -in agenda and existing imbalances are not limited to 
agriculture. They exist also in Services where Article XII Members have undertaken more 
commitments in every sector and subsector in comparison to the original Members. They exist also 
in NAMA an d horizontal commitments.  
 
We would also like to express our Grou p's continued support of the ongoing discussions on the WTO 
reform in transparency and inclusion . 
 
Lastly, we want to express that we expect all ongoing negotiations lead to closing these gap s and 
we are looking forward to seeing significant progress by MC12. We also reiterate our support to the 
ongoing accessions and hope that we can see new Members join the WTO.  
 
28. Panama  
 
I would like to thank all the Negotiating Group Chairs for their report s. We have to continue the work 
in all the pillars of negotiations  – both in agriculture, but also as I said in my statement on behalf of  
the Article XII  Members,  in the Built-In Agenda and in other areas . 
 
Panama is satisfied with the level of participati on of Members in the current discussions, exploratory 
discussions on market access in services for instance. However, we are worried about statements 
whereby negotiations in services should await results in agriculture. We are at the WTO and we are 
no long er in the GATT  period . Negotiations have to take place in parallel and with the same priority 
and without any arbitrary sequencing . 
 
In fisheries , one of the many deadlines will come to an end for the conclusion of the negotiations  in 
this area. Th ere are a great deal of discrepancies and it is quite clear that there is no sufficient 
flexibility and pragmatism either. And there is no insistence eith er in certain cases  and systems on 
strategies , and proposals are being pushed forward that will not meet  consensus. My delegation will 
continue to be committed and we will continue to work intensively so as to be able to conclude these 
negotiations as soon  as possible and with an ambitious result.  
 
We would also like to thank Ambassador Cancela for the report  he presented today as Coordinator 
of the Informal Working Group on MSMEs. MSMEs represent 97% of  enterprises  in Panama and 
generate 33% of our employm ent. Panama, for that reason , subscribed to the Joint Ministerial 
Declaration in Buenos Aires . Panama is one of the most active Members  in this Group and also 
successfully encouraged  other Members  to join . Our participation was always enthusiastic, 
constru ctive and transparent  and w e fully followed the commitments expressed in the declaration 
on inclusiveness and consensus at each stage of our work.  Panama aired several substantive 
concerns on the focus of the package of documents that was announced today b y Uruguay. My 
country could not support some of the proposals and , of course , even less , promote them . 
 
We hoped that  they were presented in a voluntary fashion on a voluntary basis as was discussed 
with the proponents. We  had many discussions and we often  suggested different wording s to the 
proponents . Despite these efforts , only two documents reflected the concerns expressed by my 
country. It was quite clear that the decision of some of the proponents was to take on board other 
concerns. Panama considered  that both a formal working group and an informal working group 
especially those who benefit from important support from the WTO Secretariat such as this Group 
should  respect the  principles of this organization and we would like to highlight one of these r ules is 
consensus. However, we saw how the methods of the Working Group part ed from this principle and 
departed from what was decided in Buenos Aires . 
 
Some participants said that they were ready to abandon the results based on consensus.  It is 
therefore q uite clear that Panama no longer shares the objectives and methods and the changing 
methods of the Working Group and that is why on 3 November , my country formally communicated 
to the Coordinator that Panama decided to withdraw from this Working Group.  Panama remains 
interested and committed to the commitments, the vision and scope and objectives announced in 
the Joint Ministerial Initiative in Buenos Aires and it is , of course, ready to  continue to seek consensus 
solutions the benefits of which would not negatively affect Members . 
 
I refer my colleagues to previous statements of my delegation on issues that we did not mention 
today  but which we do  not abandon and continue to be intereste d in. 
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  29. Russian Federation  
 
The scale of the problems, faced by mankind in 2020, is indeed unprecedented. The coronavirus 
pandemic, global lockdown and economic activity freeze have triggered a systemic economic crisis 
that the world has probably not witnessed since the Great Depression.  
 
The growth of national economies and the world trade have been seriously undermined. The 
pandemic has already claimed hundreds of thousands of lives, and millions of people have lost their 
jobs and incomes.  
 
We have t o address the critical issues that have accumulated in international trade. In particular, it 
is necessary to increase our efforts aimed at containing protectionism, ceasing the practice of 
unjustified unilateral measures and maintaining supply chains. The se are the tasks assigned to us 
recently by the Leaders of G20 and APEC.  
 
We should continue to seek common approaches to reforming the WTO in line with the current 
challenges. This task cannot be solved without a stable and effective multilateral trading system 
based on universal norms and principles. There is no alternative to the WTO today . In this regard, I 
would like to stress the urgency of concluding the selection process of the Director -General in 
accordance with agreed principles and procedures. Ha ving a Director -General that is able to offer 
her political leadership, at the highest level, to navigate the most serious crisis of this organization 
would help us a lot to move further.  
 
Beyond the issue of the DG selection, we should keep focusing on th e substantive matters of the 
WTO to ensure progress at the negotiations. In 2020, despite severe difficulties, fisheries subsidies 
negotiators, under the energetic chairmanship of Ambassador Wills, went through two revisions of 
the consolidated text and in  December reached the apex of debates exposing the main divergences. 
To conclude these negotiations, we have to review the approach to IUU subsidies prohibition and to 
exercise much more flexibility in overcapacity and overfishing pillar. Having resolved s ubstantial 
issues, we should look at appropriate special and differential treatment provisions for countries, 
which do not have enough capacity to implement new rules immediately . 
 
The Informal Working Group on MSMEs has done a great job and delivered conc rete outcomes in 
the circumstances when the mere existence of the multilateral trading system was questioned by 
some of the major players. By elaborating a set of recommendations fostering MSMEs ' participation 
in international trade, we proved that the WTO  is capable of responding to contemporary challenges 
and fulfilling its negotiating function.  
 
I would like to thank the Co -Conveners of the Joint Initiative on Electronic Commerce and the Small 
Groups Coordinators for the great work they have done this fa ll. On several topics, we have made 
significant progress and reached a common understanding of outcomes. This is a good basis for the 
future and proof that participating Members can listen and understand each other. Let me stress 
that, as in other sensitiv e areas, any outcome in Electronic Commerce must be a balance between 
market opening and government regulation. We look forward to establishing a transparent and 
comprehensive timetable for negotiations in all remaining areas next year.  
 
The agricultural s ector remains an important area for Russia. Unfortunately, the consequences of 
the COVID -19 pandemic have already had a strong negative impact on this sector, and the long -
term consequences are difficult to predict now. However, we are convinced that Membe rs should 
continue to negotiate even under such difficult conditions. Russia welcomes the work of the 
facilitators in this area and hopes that it will bear fruit.  
 
To conclude, our priority should be to work collectively in order to put in place outcomes t hat address 
the immediate priorities confronting the global trading system. Russia stands ready to work 
constructively with other Members. Finally, I would like to commend Deputy Director -General Karl 
Brauner, his fellow DDGs and all the colleagues at the WTO Secretariat for their efforts to make our 
work possible in these turbulent times.  
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  30. Paraguay  
 
Agriculture  
 
We would like to thank Ambassador Gloria Abraham Peralta for her report and for her leadership on 
these issues that are extremely important to my delegation. In the spirit of collaborating in this 
process, and despite being a small delegation, Paraguay has offered to facilitate one of the working 
groups, with a view to obtaining a comprehensive result at the next Ministerial Conference. Paraguay 
will soon be presenting an initiative for a framework document to guide the negotiations on market 
access , which is a priority within the agricultural dossier for us.  
 
The agricultural negotiations have not advanced significantly in years and we believe that it is 
necessary to revitali se them and show that this organization can still obtain sufficient consensus to 
yield positive results. We have the opportunity to prove it  this week when we meet at the  General 
Council. The World Food Program me initiative on export restrictions, led by Singapore and co -
sponsored by Paraguay, along with 70 other Members, has the potential to provide a concrete 
solution to a real problem facin g this UN Agency on food purchases for humanitarian purposes.  
 
We can contribute positively to the fight against hunger in the world, regardless of our interests or 
negotiating priorities on trade. The approval of this initiative cannot continue to wait . We urge all 
Members to join the consensus and approve this initiative at the upcoming  General Council  meeting . 
 
Fisheries Subsidies  
 
Similarly, we encourage Members to redouble their efforts to conclude negotiations on fisheries 
subsidies . Paraguay, together with other landlocked developing countries, has presented a text 
proposal that reflects the interests of this group of countries s o that they are not prejudiced by the 
disciplines that are developed in a future agreement and that have the potential to limit their 
participation in the fishing industry to the detriment of its development.  
 
Joint Initiatives  
 
Paraguay firmly supports th e package of recommendations and statements approved last week in 
the Joint Initiative of MSMEs, and in that line, we believe that the group should continue to work 
constructively looking at  MC12. MSMEs must be part of the WTO agenda in a structured way, w ith a 
formal work program me that allows continuous mutual learning, especially in terms of economic 
recovery policies for the sectors most affected as a result of the pandemic.  
 
At the JSI on Electronic Commerce, we would like to highlight the progress ach ieved and we 
appreciate the preparation of the consolidated negotiating text that reflects the hard work of the 
participants in the small working groups. Paraguay considers electronic commerce as a tool for 
economic development and trade facilitation, and we are interested in advancing in disciplines that 
generate a favo urable environment for the development of the digital economy such as consumer 
protection, spam, electronic signature and authentication, and commerce without paper.  
 
However, we wish to hig hlight the need for a more serious conversation about the development 
dimension and the digital divide. A future agreement should incorporate flexibilities for developing 
countries that allow a gradual implementation of the commitments, perhaps with a meth odology 
similar to that of the agreement on trade facilitation.  
 
Finally, Paraguay welcomes the work on the initiative on domestic regulation in services and 
facilitation of investments for development, and we reiterate our commitment to conclude pending 
issues as soon as possible.  
 
31. European Union  
 
I thank the  Chair and his DDG colleagues as well as the staff of the WTO for the work done in 2020 
under the very difficult conditions due to the C OVID -19 pandemic. I also thank the Chairs of the 
various Negotiat ing Groups for their report s. 
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  Fisheries Subsidies  
 
I would like to thank the Chair, Ambassador Wills for his report and his efforts to guide us in the 
negotiating process. Under his stewardship, we have made significant progress: his text provides a 
basis for a deal and we have clarified a number of technical issues . 
 
It is nonetheless deeply regrettable that we will not meet our mandated deadline. There are reasons 
for this. The pandemic is a very real, physical constraint on the process, particularl y for developing 
country delegations. In addition, the WTO lacks a Director -General, who normally would have played 
an instrumental role in brokering compromise. But we should not hide the fact that Members have 
also not moved enough from their positions a nd the level of engagement is not yet sufficient.  
 
The pressure to deliver does remains. In fact, we now need to work even harder to reach agreement 
to prohibit harmful subsidies as soon as possible, in line with the UN Sustainable Development Goals . 
 
That means putting sustainability at the centre of the new instrument. The prohibitions should reflect 
the fact that Members have committed to the full range of goals under SDG 14, including improving 
their fisheries management. Sustainability is not a luxury;  it is not a nice -to have. It is a must -have 
for every country who wants to fish not just tomorrow but also the day after tomorrow . 
 
Turning to special and differential treatment, I would like to thank Ambassador Chambovey for his 
efforts as Friend of the Chair.  Nobody disputes that special and differential treatment is a part of our 
mandate. But appropriate and effective S &DT cannot be carve -outs and exclusions from the 
disciplines we’re negotiating. Any S &DT needs to be seen in the context of our common o bjective 
and commitment of safeguarding a shared global resource . 
 
That is why the European Union proposes a needs -based approach with transition periods to give 
policy space where it 's needed but acknowledge developing countries also have to contribute an d 
have responsibility for combating overfishing and overcapacity and fighting IUU fishing, and even 
more so when several developing countries are also major fishing nations . 
 
On next steps , the European Union  remains optimistic that we can reach an agreeme nt soon, but 
we also need to have a frank look at the way we proceed. In order to identify possible landing zones 
we need more in -depth discussions. In some cases, these difficult discussions are better to have in 
smaller, but representative groups. There is a deal to be made. We collectively should aim to 
conclude this agreement as soon as possible and , in any case , do so before the next Ministerial 
Conference.  
 
The European Union 's other ongoing priorities include:  
 
• First, it is high time and of the utmost importance to unblock the appointment of the 
new Director -General in accordance with the agreed procedures of 2001 . 
 
• Second, taking forward the initiative on trade and health based on the communication 
the European Union  has circulated with a number  of co -sponsors, which calls on 
Members to take actions to contribute to the fight against the current crisis. Our aim is 
to have a declaration on immediate actions adopted by the General Council by the end 
of the first quarter of next year. We hope that t he call for multilateral cooperation on 
this important initiative will be taken up by a large majority of Members . 
 
• Third, pursuing work on sustainability in the WTO. We have put forward a non -paper 
outlining our broad ideas on a trade and climate initiati ve on which we want to work 
together with other Members including in the context of the Structured Discussions on 
Trade and Environmental Sustainability.  
 
• Finally, delivering outcomes on the ongoing negotiations in the Joint Statement 
Initiatives on e -commerce, services domestic regulation and investment facilitation. On 
e-commerce, we need to intensify our efforts next year and start addressing more 
difficu lt and complex issues to be able to deliver substantial progress in our negotiations 
by MC12. We have also made substantial progress in 2020 in services domestic 
regulation and we should continue the hard work to bring this JSI to a successful WT/GC/M/188  
 
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  conclusion i n 2021. We welcome the adoption of the MSME package, which we hope will 
also provide momentum for our work.  
 
32. Costa Rica (Joint Initiative on Services Domestic Regulation)  
 
I welcome the opportunity to provide an update on the open -ended negotiations in the  context of 
the Joint Initiative on Services Domestic Regulation . 
 
Notwithstanding the exceptional and challenging circumstances, the Initiative has made significant 
progress in 2020 . 
 
This year, three additional Members announced their decision to join th e Initiative – Ukraine, 
Mauritius, and Thailand, bringing the total number of participants to 63. These participants cover 
more than 73% of world services trade.  
 
57 among the participating Members have already circulated their indicative draft schedules, 
confirming their commitment to a legally binding GATS -plus outcome to be applied on an MFN basis . 
 
Over the past 12 months, many participating Members, as well as myself in my capacity as Chair, 
have been highly involved in outreach efforts towards Members  across all regions of the world, as 
well as the international business community. The positive feedback the group steadily receives from 
these actions confirms that delivering a concrete outcome on services domestic regulation would be 
critical to boost t he potential of services trade – and would be especially important in the post -
COVID -19 economic recovery.  
 
Last week, the Initiative held a successful last open -ended meeting of the year. Thanks to the hard 
work and pragmatic attitude of all delegations, the group managed to resolve the outstanding 
drafting issues in the negotiating text . 
 
Very importantly, a drafting proposal has been welcomed by the group at the last meeting, to 
explicitly reflect in the Reference Paper the shared understanding and desir e that the disciplines 
represent improvements over participating Members' current commitments and do not diminish any 
obligations under the GATS . 
 
A revised version of the draft Reference Paper – which will reflect all changes agreed upon this year 
– will be circulated on Friday this week.  
 
Looking ahead, participating Members are committed to keep up the momentum and to continue 
working constructively towards finalising the negotiations in 2021. Services domestic regulation 
constitutes, as many delegations  repeatedly emphasi zed, one of the most probable and viable 
deliverables for the next Ministerial Conference . 
 
In the run up to MC12, besides further stabilising the text of the Reference Paper and advancing the 
exchange of draft schedules, the Initiative is planning work on next procedural steps finali sing the 
negotiations, and in particular determining the time and modalities for a fruitful Ministerial 
engagement.  
 
The Initiative is committed to keep the process open, inclusive and transparent especially under the 
current circumstances. Its objective is to deliver an outcome consistent with WTO law and 
procedures, which will contribute to further facilitating services trade and promoting economic 
growth and development . 
 
To conclude, I invite all Members not already part of this process to engage actively in this Joint 
Initiative.  
 
33. Costa Rica  
 
We are coming to the end of a year that has been particularly difficult for everyone. The pandemic 
caused by COVID -19 has tested our capabilities at all levels. We deeply regret the human losses and 
the consequences for all economies and, in particular, fo r the most vulnerable population and the 
poorest. The challenges have been enormous for everyone, including the WTO. Trade, however, has 
proven to be a fundamental tool in solving the crisis and has done so when it was necessary to WT/GC/M/188  
 
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  ensure the supply of med ical products and essential material to attend to the health emergency, it 
will also be vital to ensure the distribution of vaccines under safe and predictable conditions.  
 
Under these circumstances, the multilateral trading system of the WTO is more neces sary today 
than ever. That is why we support the monitoring that this organization has given to the trade 
measures introduced by Members related to COVID -19. Furthermore, we are pleased that despite 
difficulties, we have found pragmatic solutions, with the  help of technology, to advance our work.  
 
Costa Rica is pleased to be part of the group of Members who launched the Structured Discussions 
on Trade and Environmental Sustainability in November. This is an effort that now brings together 
52 Members, who, l ike Costa Rica, consider it essential to strengthen the discussion on Sustainability 
on the WTO agenda, not only as part of its reform process, but also as a vehicle that allows progress 
towards greener economies and as an alternative for post -COVID -19 eco nomic recovery. We extend 
the invitation to all Members to join these discussions as co -sponsors which will formally start at the 
beginning of next year.  
 
In relation to the negotiations on fish eries subsidies, we regret that we did not complete our work 
within the deadlines indicated by our Heads of State in the United Nations Sustainable Development 
Goal 14.6. However, we acknowledge the substantive progress made in recent months on the 
negotiating text. We are particularly grateful to Ambassador Wills fo r his leadership, and we urge 
everyone to continue working hard with a view to reaching an Agreement as soon as possible.  
 
Similarly, we are satisfied with the progress made in the joint initiatives that have led us to concrete 
results at the end of this y ear in the areas of national regulation, electronic commerce, investment 
facilitation, as well as in micro, small and medium -sized enterprises.  
 
34. Hong Kong, China  
 
First of all, I would like to thank you and the Negotiating Group Chairs for the reports, and  the 
Secretariat for its continued efforts in facilitating Members ' work notwithstanding the challenges 
posed by the pandemic.  
 
Fisheries Subsidies  
 
I would like to thank in particular the Chair of the Negotiating Group on Rules, Ambassador Wills, 
for his enormous efforts in keeping the text -based negotiations going with a hectic schedule of 
meetings.  Our thanks also go to Ambassador Chambovey, as Friend  of the Chair, for his leading role 
in facilitating the discussions on special and differential treatment  and his efforts in trying to identify 
landing zones . 
 
The core disciplines in the fisheries subsidies negotiations, including IUU fishing, overcapacity and 
overfishing, and overfished stocks, are indeed complex. Hong Kong, China sees merits in having 
more intensive discussions, especially at technical level, to untangle the legal and technical 
complexities of the issues . 
 
While the deadline is going to expire and much remains to be done, all the work that has been done 
will not be wasted. We encourage Memb ers to continue working in good faith to resolve the deadlocks 
and obstacles in front of us. Hong Kong, China remains committed to concluding the negotiations 
early with a meaningful outcome.  
 
MSMEs  
 
On the work of the Joint Statement Initiative on MSMEs, I would like to express my heartfelt 
congratulations on the official endorsement of the package of recommendations at the meeting of 
the Informal Working Group on MSMEs last Friday , 11 December , under the leadership and 
coordination of Ambassador Ca ncela . 
 
The endorsement of the package is a major milestone of the work on MSMEs. As the Coordinator 
pointed out, this is the first concrete outcome among all the joint statement initiatives. I would like 
to thank Ambassador Cancela for his hard work and r elentless efforts in liaising with Members and 
other stakeholders during the past three years . 
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  Hong Kong, China is pleased to have taken part in the process and contributed to this initiative 
dedicated to MSMEs, which, as we all know, are vulnerable and h ardest hit by the COVID -19 
pandemic. The endorsement of the package is but the first step. Hong Kong, China will continue to 
support the implementation of the package in 2021 and beyond under the Coordinator 's continued 
leadership . 
 
Way Forward  
 
The year 2 020 is a difficult one both inside and outside the WTO. As the year is drawing to a close, 
it is high time that Members consider what would stand us in good stead in the coming year so that 
we can make up for the lost time to achieve progress and positive changes.  
 
In this connection, it is important that Members reach early consensus on two issues. First, 
consensus on the arrangement for MC12. Making an early decision on the timing and arrangements 
of MC12 would help focus our attention and energies on the  deliverables, and keep the momentum 
going. Second, we also need an early consensus on the way forward of the appointment of the new 
Director -General so that she could provide enhanced support to Members in tackling the substantive 
and systematic issues at  hand. 
 
35. Afghanistan  
 
My delegation wishes to extend its appreciation to the four DDGs and all WTO Secretariat team for 
their tireless efforts and hard work to run this organization in such difficult times as the  COVID -19 
pandemic . 
 
With MC12 on the horizon , we hold the view that we must overcome the organizational challenges 
of the WTO especially the finalization of the appointment process of the new Director -General based 
on the relevant rules and procedures; and we must spare no efforts to deliver substan tive work to 
achieve concrete outcomes for all Members based on fair, inclusive, sustainable and rules -based 
multilateral trading system.  
 
Negotiati ng Groups  
 
My delegation supports the current negotiations and subscribes to the call upon Membership to 
engage constructively to achieve possible convergence on the key and important issues such as 
development, agriculture – with emphasis on fisheries subsidies, and  cotton , based on solution -
targeted and result -oriented approaches and determinations.  
 
To this end, Afghanistan is committed to contributing to these efforts and we are of the view that 
the current pace of the negotiations needs to be accelerated by prior itising them based on their 
mandate and urgency to balance and sustain the benefit of the global trade for all Members, 
especially for the fragile and the most vulnerable economies and LDCs.  
 
On development, we encourage Members to engage in a constructive  manner with the G -90 on the 
substance of the 10 ASPs. Acknowledging the fact that there is still room for further improvement, 
we should focus on a text -based discussion of the proposals.  
 
In line with the position of the G -90 and LDC Group, my delegation supports a political declaration 
of the Ministers reaffirming the centrality of development in the WTO as an outcome for S&DT at 
MC12, with the hope that the negotiations on the G -90's 10 ASPs conclude before MC13.  
 
Joint Initiatives  
 
On the joi nt initiatives, Afghanistan supports the work of investment facilitation , MSMEs, and women 
empowerment. Afghanistan subscribes to the work of the informal groups on the build -up of the 
respective frameworks and their inputs towards a multilateral work prog ramme under the WTO.  
 
Particularly, regarding investment facilitation , we appreciate the ongoing discussions  and thank 
Members for their efforts in developing a streamlined text. We also acknowledge and appreciate 
proponents for their proposals and for int roducing more essential elements.  
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  Regarding MSMEs, let me start by congratulating Ambassador Cancela, the Coordinator of the Group, 
and all  participating  Members for the formal endorsement of the MSMEs package of six declarations 
and recommendations.  We thank the Coordinator and all  participating  Members for their hard work 
over the last few months finali sing the technical work on the package.  
 
Micro, Small and Medium Enterprises are widely recogni zed for their significant contribution to 
sustainable devel opment in terms of contribution to economic growth, creation of decent jobs, 
provision of public goods and services as well as poverty alleviation and reduction of inequality. Like 
other countries, especially LDCs, MSMEs are the backbone of the socio-econo mic development of 
Afghanistan.  Unfortunately, despite the importance and fundamental role of these enterprises in the 
economic development of Members, they are still highly vulnerable due to their various limitations 
and often struggle to benefit from the  opportunities opened by global trade.  
 
As this package aims to enhance MSMEs access to market and regulatory information, skills 
development opportunities and access to finance, as well as promote the inclusion of MSMEs -related 
dimensions in domestic rule making, we strongly support this package and encourage all Members 
to join this initiative and support it.  
 
Before closing, I would like to mention that my term in Geneva has come to an end, and the coming 
General Council meeting will be my last to attend as the Permanent Representative of Afghanistan 
to the WTO. I take this opportunity to express my heartfelt thanks and appreciation to all Members 
and to the WTO Secretariat in particular former D G Azevedo, all four DDGs, Directors, and staff of 
different d ivisions for their invaluable assistance and support offered to me during my tenure . 
 
36. India  
 
Let me place on record our appreciation to all the DDGs and the GC Chair in ensuring  the smooth 
working of the WTO during the transition period amid st a pandemic . Unfortunately , both the 
transition period and the pandemic ha ve turned out to be longer than expected.  We also thank DDG 
Brauner for his report and the Chairs of the Negotiating Groups on Rules, Agriculture, Development, 
Services and the TRIPS Council for  their respective reports.  
 
State of Play  
 
This being the last Informal TNC and Informal HODs meeting s of 2020, let me begin with year -end 
self-appraisal. Due to the C OVID -19 pandemic, we were not able to organise MC12 . We were unable 
to agree on the next Director General despite a clear and decisive mandate indicated in the report 
of the troika . The Appellate Body continued to be defunct . And thus far, we, as Members , have been 
unable to formulate a package of meaningful measures to address the immediate c hallenges posed 
by the pandemic . 
 
The WTO has added responsibility to facilitate recovery of global economy including global trade. 
For that we need to do better in 2021.  What we have not been able to achieve during the last 10 to 
15 years, we should not t ry to push such items during a pandemic to show our performance . It 
would be better if we concentrate on the immediate challenges posed due to the pandemic. Saving 
human lives, livelihood and arresting the losses in the world output and trade should be our  topmost 
priority . 
 
TRIPS Waiver  
 
Therefore, proposal for temporary waiver from the provisions of  the TRIPS Agreement is first on our 
priority list. An outcome on this will not only help in saving valuable human lives but a comforting 
signal on affordability and accessibility of medical products will also boost the confidence in economy 
and will accelerat e the recovery of world trade and world GDP. One percent improvement in global 
GDP from the baseline scenario will give US D 850 billion worth of global output . 
 
Movement of Healthcare Professionals  
 
The pandemic has highlighted the need for ensuring easier  cross-border movement of not only goods 
but also that of natural person s particularly health care professionals. Members who could have been 
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  due to restrictive  trade practices in  the Services sector. We must start working on having a 
multilateral initiative in this respect for an outcome in MC12 . 
 
Selection of DG WTO  
 
Formal appointment of  the Director -General of the  WTO, on the basis of the recommendation of th e 
Troika, which was made following an agreed selection process by all Members is the next item on 
our priority list. Our inability to conclude this process quickly will jeopardise our work in 2021 
including the preparations for MC12.  
 
Appellate Body  
 
Resolution of the crisis in the Appellate Body is another priority. We must immediately re -engage to 
restore the two -tiered dispute resolution system . 
 
Reform Agenda including Special and Differential Treatment  
 
We draw Members ' attention to the document W T/GC/W/778/Rev .3 that India along with other co -
sponsors have tabled before the upcoming G eneral Council . The proposal encompasses the priorities 
of developing countries including LDCs regarding an inclusive and balanced reform agenda for the 
WTO. It also emphasi ses how S&DT is central to the founding principles of the WTO.  
 
Agriculture  
 
The food and livelihood security of millions of people across the globe has been affected. Effective 
mitigation of the food security challenges must include a package that address the structural 
problems leading to food insecurity, and not some tokenism which will have no significant impact on 
eliminating hunger and providing food security. A simple, efficient and permanent solution on 
extending PSH for food security purpose s to new programmes and new products should be a key 
deliverable.  
 
Fisheries Negotiations  
 
Common but differentiated responsibility and Polluter Pays principle should be applicable in any 
agreement relating to sustainability. Those who have provided huge subsidies leading to overfishing 
and over capacity should take higher cuts in subsidy and ca pacity. I am thankful to the NGR Chair 
for bringing in the concept of debt repayment which has become overdue. It is an established 
principle that debt is repaid by respective debtors in proportion to the debt taken. Debt repayment 
cannot be assigned to al l in uniform manner. S&DT in the final outcome must be effective and 
appropriate having regard to the development needs, livelihood and food security concerns of 
millions of small fishers of developing countries including LDCs. Any discipline should factor  in their 
capacity to put in place effective mechanism to deal with unregulated and unreported fishing and 
appropriate conservation and management measures.  
 
Electronic Commerce  
 
On digital economy, the pandemic has shown to us that the need of the hour is  to build capacity in 
areas such as digital skills and digital infrastructure, rather than negotiating binding rules on e -
commerce. It is also important to bring clarity on the scope of the moratorium on custom duty on 
electronic transmission, its potentia l impact on the sustainability of the domestic industry and 
negative impact on job creation and revenue generation. We must move forward by reinvigorating 
the mandated work under the 1998 Work Programme on Electronic C ommerce in various Councils . 
 
To concl ude, in 2021 India will work cohesively to put in place an outcome that addresses the 
immediate priorities confronting the WTO and the world. India stands ready to work constructively 
with other Members to realise these objectives.  
 
37. Japan  
 
The year 2020 is  coming to an end in a manner that none of us could have expected a year ago. 
The COVID -19 pandemic has disrupted global trade, made virtual meetings the new normal, and WT/GC/M/188  
 
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  postponed MC12 to next year. At this juncture, let me take a look at what we have achi eved in our 
view and lay out the priorities for the coming year . 
 
First is on our mandated negotiation on fisheries subsidies. As we are all aware, concluding the 
negotiation is a priority from the perspective of achieving the SDGs and fulfilling the WTO 's 
multilateral negotiation function. Japan appreciates efforts by the Chair and the Ambassador of 
Switzerland. While Members have engaged in a focused text -based discussion since September, 
wide gaps remain. We will continue our discussion, but let me stres s the importance of finding a 
solution based on our mandate and the existing international fisheries regime . 
 
It is critical that the WTO responds robustly to the challenges posed by COVID -19. Japan is a co -
sponsor of the communication by Ottawa Group memb ers on trade and health. We believe it is high 
time for the WTO to consider and take specific actions relating to, among others, export restrictions, 
trade facilitation, and transparency. We hope to have an active discussion and attract support on 
the comm unication at the General Council . 
 
Japan also supports, as a co -sponsor, the proposal on agriculture export prohibitions or restrictions 
relating to the World Food Programme. We call on all Members to agree on the proposed decision at 
the General Council. Building on such effort, as a next step, Japan would like to achieve further 
improvements in transparency and clarification of disciplines on food export restrictions by MC12.  
 
Ensuring a level playing field remains essential and requires collaborative eff orts by Members. Japan 
expects further discussion on this issue at the WTO, including strengthened international rules on 
industrial subsidies. Further, Japan continues to emphasi se the importance of market -oriented 
conditions to the world trading system. Such conditions are fundamental to the WTO system . 
 
We have seen good progress on the Joint Statement Initiatives this year. Particularly, e -commerce 
is an area that we are placing high importance on under the pandemic. After the intensive discussions 
to date, we have developed the consolidated negotiating text, which will form the basis for the next 
stage of negotiations. Japan, as one of the co -conveners, will encourage Members to intensify 
negotiations in 2021 on key issues such as cross -border data flow . 
 
We are pleased to see substantial progress made on other JSIs as well. We successfully developed 
the MSMEs package. On investment facilitation, we have achieved good progress on the informal 
consolidated text. The draft reference paper on services domes tic regulation is close to finali sing. 
Such progress on the JSIs demonstrates that the WTO is responding to new challenges of the world 
economy in a flexible, pragmatic, and timely manner . 
 
Japan is deeply concerned by the impasse of the Appellate Body. Me mbers should restart to engage 
in substantive discussions to find ways and means to restore the proper functioning of the WTO 
dispute settlement system.  
 
Last but not least, it is disappointing that the position of Director -General of the WTO still remains 
vacant. It is critical to have a new D irector -General , the TNC Chair, in place in order to advance  WTO 
Reform, including the above -mentioned important issues and the preparation for MC12. Therefore, 
I would like to conclude my statements by stressi ng the critical importance of appointing the new 
Director -General  as soon as possible based on Members ' agreed rules and procedures.  
 
38. Thailand  
 
First of all, allow me to take this opportunity to join others in thanking DDG Brauner  and other DDGs, 
including  the Secretariat for all the efforts behind the scene s that make it possible for us to continue 
our work amidst the C OVID -19 Pandemic. Thailand would also like to thank  DDG Brauner  as well as 
the Chairs of Negotiating Groups  for th eir reports . At the outse t, Thailand associates itself with the 
statement to be delivered by Viet Nam on behalf of ASEAN.  
 
As we are approaching the end of a difficult year  – 2020 – many challenges still lie ahead, especially 
in terms of economic recoveries. And this is the time f or Members to step up our work to build back 
better.  To preserve the credibility and to ensure the smooth operation, priority issues at the forefront 
of the WTO such as the  appointment of the Director -General and the certainty of the date for MC12 
should b e agreed upon at the earliest possible.  Further, Thailand reiterates the urgent need of WT/GC/M/188  
 
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  addressing the Appellate Body Impasse to recover the full functioning of the two -stage dispute 
settlement system . 
 
On WTO Reform, Members must work together for inclusi ve strengthening and update of the WTO 
to achieve optimal efficiency and effectiveness, in preparation for the post -pandemic era and MC12 . 
 
On the negotiations front, delivering meaningful and relevant outcomes on important negotiations 
will be crucial . 
 
Outcomes on fisheries subsidies negotiations is needed as soon as possible. It is crucial to keep the 
positive momentum and remain focused on ensuring a meaningful outcome in an expedited manner 
under the Chair's guidance.  
 
On agriculture, we reiterate the importance of meaningful domestic support outcome as a part of 
the MC12 Agriculture package, as reflected by priority placed on the domestic support negotiations 
by an overwhelming number of Members . 
 
Additionally, Thailand remains committed to the Joint S tatement Initiatives on E -Commerce and 
Services Domestic Regulations, which we recently joined in November. We welcome the significant 
progress achieved so far and will continue to engage constructively with interested participants to 
move the negotiations  towards the successful targeted outcomes at MC12.  
 
Thailand also takes note of thoughtful initiatives to combat the pandemic, promoting global economic 
recovery, as well as trade sustainability put forward by a range of Members, which we will continue 
to engage with the proponents.  On this note, Thailand also joins others in welcoming the proposal 
initiated by Singapore with regard to non -imposition of export restrictions for food purchases by the 
WFP, and look forward to a consensus on the decision at the  General Council meeting . 
  
As we look towards 2021, we will need to redouble our efforts to make the WTO more relevant to 
the current economic landscape and ensure that international trade play a vital role in expediting 
economic recoveries and promoting resilient and sustainable growth.  
 
39. Nepal  
 
I wish to align with the statement delivered by Chad on behalf of the LDC Group.  
 
In the context of the upcoming MC12, my delegation would like to highlight seven issues for 
achieving its concrete deliverables:  
 
• First, progress in the appointment of Appellate Body members should be made without 
further delay if we care about preserving the dispute settlement mechanism, a key pillar 
of WTO, and hence the credibility in the work of the organization. In the selection of the 
new Director -General of the WTO, we have completed a long process. It needs to be 
concluded soon.  
  
• Second, for fair, inclusive and rules -based multilateral trading system and safeguarding 
multilateralism, Nepal underli nes the urgent need for taking ne cessary WTO reforms. 
The reform agenda requires thorough deliberations. Substance of the reform should be 
comprehensive , be able to  address global challenges including increased inequality , 
properly incorporate emerging iss ues and opportunities of global trade and support 
weaker economies in order to ensure their meaningful integration in the global trading 
system. Lessons from the pandemic should duly be taken into account . 
 
• Third, development dimension remains key concern of all developing countries, 
particularly LDCs. It must top our core negotiating agenda. A clear road map on 
mainstreaming development dimension in the multilateral trading system and S&DT is 
critical to meet global targets of LDC graduation and SDGs. The roadmap should 
incorporate additional support measures for speedy recovery of these economies and 
also should ensure a level playing field for weaker economies through an in -built 
mechanism. In this context, let me recall the submissions of the LDC Group, especially 
for the extension of the transition period of the TRIPS Agreement and the extension of WT/GC/M/188  
 
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  the transition period of Graduating LDCs and others. I urge all Members to positively 
consider these submissions . 
 
• Fourth, various negotiations are gaining a momentum with a view to making them 
conclusive before MC12. We underline that such negotiations should ensure equitable 
share of benefits to all Members, particularly LDCs and within them, the landlocked 
LDCs. I call upon Members to give positive considera tion to the submissions of LDCs 
and LLDCs on fisheries subsidies negotiation . 
 
• Fifth, with regard to the submission by LLDC Members on fisheries subsidies, I wish to 
associate with the statement to be delivered by Mongolia and further underscore the 
necess ity of ensuring that LLDC Members are on board for the legitimacy of the 
negotiati ng outcomes . 
 
• Sixth, landlocked LDCs are facing difficulties, especially within their territory, to develop 
and maintain trade infrastructure including digital infrastructure , without which reforms 
at border administration may only facilitate import rather than promote export and 
productive capacity. Therefore, bridging the huge digital divide should remain high on 
the agenda. In this regard, significant additional support fro m our development partners 
in terms of enhanced resource, technological, institutional, and human capacities is 
needed with a view to strengthening and reconnecting our domestic supply chain 
through the development and utilization of ICT and e -commerce and  then integrating 
the local business community of the LDCs with regional and global value chains.  
 
• And finally, all LDC -focused support measures including Aid for Trade, DFQF, 
technological support and flexibilities in implementation, among others, remain 
extremely important not only for enabling LDC graduation per se but also for ensuring 
graduation  to be more inclusive and sustainable in terms of meeting SDGs by 2030 and 
fulfilling our development agenda beyond.  Therefore, strengthening such support 
measu res by effectively translating the global commitments at local levels are absolutely 
essential. In this context, I would like to commend our development partners for their 
continued generous support and urge them for enhanced cooperation during  the 
pandemi c and for post-pandemic recovery of LDC economies.  
 
40. Botswana (African Group)  
 
I deliver this statement on behalf of the African Group.  
 
At the outset, we would like to thank Deputy Director -General Brauner for his report and we thank 
the Chairs of the Negotiating Groups for their updates. The African Group expresses its appreciation 
to the General Council Chair, Ambassador David Walker, and the four Deputy Directors -General for 
the manner you have managed the transitory period that we are in. We would l ike to urge all 
Members to finalise the DG Selection Process earnestly. This will go a long way in instilling a sense 
of stability in these trying times. This is critical as we prepare for MC12.  
 
While we continue to face serious challenges due to COVID -19 and the resulting urgency with which 
to enhance the work of this House to aid the response to the pandemic and contribute to the global 
economic recovery , similarly, this should be approached with a sense of realism particularly in view 
of the dis proportionate impact of the COVID -19 crisis on our small and less resourced countries in 
Africa particularly the LDCs . 
 
We need to recognise that COVID -19 has affected our effective coordination with our capitals. 
Despite this continuous concern being rais ed in the TNC and the Negotiating Groups, negotiating 
processes continue to be conducted in a manner that has implications on the ability of our small 
delegations to effectively participate. We trust that when we set targets for ourselves for the coming 
year heading to MC12, we will do so guided by the principles of realism and practicality, and 
importantly, ensuring that the process is transparent, inclusive and participatory . 
 
We would like to reiterate our view that the WTO has an instrumental role to pl ay in fostering 
multilateral cooperation that will promote equitable and affordable access to key products necessary 
for the prevention, containment and treatment of COVID -19. In this connection, we would like to 
remind Members that the Doha Declaration on  the TRIPS Agreement and Public Health affirm that, WT/GC/M/188  
 
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  "The TRIPS Agreement does not and should not prevent Members from taking measures to protect 
public health." What better time than now to operationalise this when humanity is arguably facing 
an existentia l challenge against an invisible enemy. International cooperation among Members is 
very important at this critical time. In this connection, the African Group welcomes the joint 
submission contained in IP/C/W/669. Our members continue to consult capitals o n it with a view to 
co-sponsor as a group.  
 
Fisheries Subsidies  
 
On fisheries subsidies negotiations, we thank the Chair of the Negotiating Group on Rules for his 
efforts to move the negotiations forward. His vigour, passion and commitment to the cause are  
appreciated. However, despite the best efforts of our Chair, Members' positions remain far apart. 
The African Group is deeply concerned by the narrative developed around the sustainability test. We 
wish to reiterate that disciplining fisheries management or overfishing is not under the competence 
of the WTO. The y were  neither plausible nor are they effective and will only  preserve the status quo. 
In this connection, the African Group reiterates the need for focused negotiations based on the 
SDG 14.6 mandat e that will arrive at simple, implementable and effective disciplines that will 
contribute to reducing the already excessive fishing capacity around the world.  
 
All Members agree that global overcapacity in fisheries is the main driver of overfishing and 
overfished stocks. Therefore, the African Group calls on Members that have contributed to build this 
fishing capacity to change their remedy by prohibiting the capacity enhancing subsidies and fuel 
subsidies while providing policy space to developing countr ies that l ack fishing capacity. The African 
Group will continue to make its contribution to our collective obligation to find a balanced outcome 
that gives Members policy space while prohibiting the most harmful subsidies.  
 
Agriculture  
 
The African Group e xpresses its appreciation to the CoA SS Chair and the facilitators for their efforts. 
We would however like to reiterate our position on the important need for the process to be inclusive, 
transparent and allow sufficient time to consult with capitals and not to overlap with other important 
meetings. On substance, the African Group members have consistently highlighted their needs and 
priorities in our negotiations. Some of our priority issues which include domestic support, PSH, SSM 
and cotton are now rece iving the proper level of engagement. We renew our call to Members to 
respond to the needs of developing and least developed countries as identified and prioriti zed by 
them as possible outcomes for MC12 . 
 
We appreciate the initiative taken by a number of M embers including Singapore to exempt the non -
commercial humanitarian purchases of the World Food Programme from the application of export 
restrictions. We are engaging actively with the co -sponsors in this respect. On cotton, the African 
Group supports pro gressive work on the cotton issue including the C -4 submission of a draft General 
Council Decision for a joint action plan to enhance support for cotton by -product development in 
LDCs. We trust that through such an action plan, resources can be mobili zed to support the 
implementation of projects and programmes envisioned therein.  
 
Development  
 
We would at the outset express our appreciation to the CTD SS Chair for her efforts to bring Members 
together with a view to make progress on this important file. The  African Group maintains that the 
Doha Paragraph 44 mandate remains a critical enabler to development and that effective and 
operationali zed S&DT provisions are more than just a negotiating tool but they support our 
development aspirations. We are therefor e disappointed that some Members remain reluctant to 
engage in constructive discussions on S&DT and this is despite our efforts to show linkages between 
S&DT and the achievement of the SDGs and our structural vulnerabilities exposed by COVID -19 that 
need t o be addressed intently. The African Group remains optimistic and supportive of a work 
programme that will review the ten agreement -specific proposal as contained in the G -90 proposal. 
Effective S&DT remains a fundamental pillar on any package that may be achieved at MC12.  
 
Electronic Commerce  
 
The African Group advocates for reinvigorating the 1998 Work Programme with a view to 
comprehensively address the development aspects of e -commerce facing African countries. We need WT/GC/M/188  
 
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  to address the digital divide with in and among countries which have been further exposed by the 
COVID -19 crisis. This would be essential for our MSMEs to effective ly respond and recover from 
COVID -19. The African Group therefore calls for a collective and constructive engagement to discuss  
the Work Programme with an emphasis on development and inclusion and with a view to provide 
our Ministers with enough information to make an informed decision at MC12.  
 
Appellate Body  
 
It remains disappointing that the DSB continues to fail on its treaty -embedded responsibility to fill 
the vacancies in the Appellate Body. As we have said before, this situation will likely have knock -on 
effects on the negotiating function of the WTO since rules are only as good as you can enforce them. 
Therefore, our immedi ate priority remains the filling of vacancies and the restoration of a fully 
functional Appellate Body.  
 
WTO Reform  
 
The African Group continues to advocate for reform that addresses existing imbalances in WTO 
agreements, responds to the long term outstanding development issues and promote inclusivity and 
development.  
 
In conclusion, the African Group looks forward to progressing focused negotiations in the year and 
in a manner that  is also realistic to the evolution and impact of the COVID -19 pande mic on our 
economies.  
 
41. Viet Nam (ASEAN)  
 
Viet Nam delivers this statement on behalf of ASEAN. ASEAN Member States reaffirm our full support 
for the open, non -discriminatory and rules -based multilateral trading system as embodied in the 
WTO. ASEAN appreciat es the efforts of the General Council Chair as well as the Chairs of Negotiating 
Bodies and Chairs of Regular Bodies that helped the WTO function this year taking into account the 
new reality of our world including the severity of the COVID -19 pandemic and  ongoing trade 
tensions.  
 
We welcome the reports of the progress of the WTO negotiations especially on fisheries subsidies 
and agriculture. It is unfortunate that we will miss the deadline to conclude the negotiations in 2020 
although we understand that th is was a challenging task due to the constraints faced by delegations 
during the pandemic as well as the critical differences in negotiating positions. However, we welcome 
the progress that has been achieved so far under the leadership of the Chair of the Negotiating 
Group on Rules. Understanding of one another's positions has improved. We should build on the 
momentum to achieve further progress. ASEAN would therefore like to thank the Chairs and the 
Facilitators and encourage all Members to work in solidar ity to reach the necessary landing zones as 
soon as possible. We commit to make substantial contributions to this common goal . 
 
Concerning the Twelfth Ministerial Conference, ASEAN again thanks Kazakhstan for the kind offer to 
host MC12 in Nur -Sultan tenta tively from 21 to 24 June 2021. ASEAN consistently supports a 
decision on the date and venue of MC12 which is now urgently required . 
 
On the new proposal in document WT/GC/W/806 and WT/GC/W/807 that highlights trade -related 
challenges of Members once they have graduate d from the LDC Category, ASEAN takes note of the 
proposed gradual phasing out of LDC specific trade -related support measures over a period of time. 
As the ASEAN Group includes three LDC Members, we understand the difficulties faced by LDCs. We  
will therefore constructively engage with the proponents of this proposal ahead of MC12.  
 
With regard to trade and health, ASEAN always supports the WTO's efforts to coordinate a 
comprehensive response to the pandemic. In this connection, we take note of the proposal "COVID -
19 and Beyond: Trade and Health" contained in document WT/GC/223 and " Waiver from Certain 
Provisions of the TRIPS Agreement for the Prevention, Containment and Treatment of COVID -19" 
contained in document IP/C/W/669. We look forward to further discussions on these important 
initiatives . 
 
As to the proposal on "Agriculture Export Prohibitions or Restrictions relating to the World Food 
Programme" in document WT/GC/W/810, ASEAN considers it a timely and practical measure that WT/GC/M/188  
 
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  helps to ensure stable food aid supplied by the WFP especially in the context of the pandemic. We 
look forward to flexibilities from all Members with a view to achieving consensus at the upcoming 
General Council on this important objective.  
 
Last but not leas t, ASEAN gladly recognises that the Committee on Budget, Finance and 
Administration reached an agreement thanks to the facilitating role of its Chair, Ambassador Manuel 
Teehankee, and the willingness of all Members to support the WTO. ASEAN is ready to end orse the 
Committee's report in the upcoming General Council meeting.  
 
42. Colombia  
 
I will be very brief to refer to the ongoing negotiations, but not without first highlighting, and 
highlighting throughout the speech, the important role of various Latin Ameri cans in the efforts to 
constructively evolve the body of rules of this organization.  
 
Agriculture  
 
First of all, allow me to congratulate and support Ambassador Abraham of Costa Rica for being able 
to reactivate the discussions in the midst of the pandemic with the active participation of the 
Members. The process led by herself and her facilitators, in a few months, has yielded positive results 
that should help us pave the way for the next Ministerial. We have full confidence in the Ambassador 
and all the political will to achieve a substantive result.  
 
Fisheries Subsidies  
 
Let me invite the Members to s tay engaged and actively participate in the discussions. Advances at 
a technical level and approaches in positions have been positive even in a complex context such as 
the one we have experienced in recent months. So we must not lower our guard and, on the  contrary, 
remain committed to text -based negotiations in order to comply as soon as possible with the 
Ministerial mandate and that of our Heads of State.  
 
Joint Initiatives  
 
I want to express Colombia's support for the work that has been carried out in th e different Joint 
Statement  Initiatives. During the last months we have seen how the discussions o n investment 
facilitation for development facilitated  by Chile, on services domestic regulation facilitated by Costa 
Rica and in electronic commerce facilitat ed by Australia, Singapore and Japan have intensified. 
Thanks to the hard work of the Coordinators, the Co-Conveners, the Facilitators, and also of all the 
participants,  at the end of th e year, we have revised versions of negotiating texts in all  Initiativ es. 
We believe that t his is progress  that deserves to be highlighted and that we hope it will serve as the 
basis for achieving concrete results in all Initiatives. The same occurs with the joint initiative for the 
participation of MSMEs  in world trade. We highlight and thank Ambassador Cancela of Uruguay, 
another Latin American for his efforts during this year, and we congratulate the positive results of 
the working group. Also worth mentioning is the push that the conversations on environment and 
sustainab ility have taken, to which Colombia joins with pleasure, as well as the efforts that 
Ambassador Suescum of Panama is making to unblock the negotiations on intellectual property.  
 
WTO Reform  
 
Colombia wishes to continue participating actively in initiatives related to WTO Reform . Levelling the 
playing field in terms of subsidies in all productive sectors of goods as well as in the dispute 
settlement system that underpins the other pillars of th e organization are two fundamental aspects 
for Colombia. We invite all Members to constructively engage in and support th ose discussions.  
 
43. Mozambique  
 
At the outset allow me to thank the Secretariat and, through the Chair, commend all Deputy 
Directors -General, for the positive work collectively being carried out thus maintaining the WTO 
activities on -going while the issue on the appointment of the new Director -Genera l is still to be 
concluded.  
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  Our intervention is aligned with the statements delivered by Ja maica, Botswana, and Chad on behalf 
of the Africa n Group , the ACP Group of States, and the Least Developed Countries . 
  
We thank the Chair for his very informative presentation on the activities carried out since the last 
General Council  meeting . We also t hank all the Chairs of the Negotiating Groups for the updates on 
the activities. We commend them for their commitment and efforts even if the results do not yet 
show the ones that would be the desirable ones due different concerns worsened by the challengi ng 
COVID -19 that disproportionately  continue to  affect everyone 's lives, activities and social and 
economic activities.  
 
As already referred to by previous speakers, we share the same view that substantial effort and 
work was devoted to the work, and that progress in some of the areas, was registered. 
Unfortunately, despite all efforts made, it was not sufficient to successfully conclude some of the 
issues meaning that more engagement is sought, and flexibility is needed, thus, the policy space for 
LDCs and  developing countries . 
 
The concerns on agriculture including cotton, development matters, food security  and fisheries 
subsidies  still prevailing deserve  to be positively tackled  if progress is to be registered. Above all, 
the needed confidence deems necessary to allow exercising flexibilities for a rapid response to 
envisaged objectives.  
 
In view to collectively exercise the necessary actions towards mitigation, treatment and eradication 
of the COVID -19 pandemic including prevention of future ones, ur gent action, flexibilities, solidarity 
as well as collective action and cooperation are needed. We encourage Members to support and or 
co-sponsor the submission by India and South Africa for a waiver, on a temporary basis, on certain 
provisions of the TRIP S Agreement. As an LDC, we call  also upon Members to positive ly consider the 
LDC draft Decision submitted to the TRIPS Council . 
 
We welcome and support the submission by Singapore aiming at not imposing restrictions on 
purchases under exports directed to humanitarian purpose by the World Food Programme . 
 
As a G-90 Member, we continue deploring the l ack of flexibility concern ing development provisions 
put forward by the G -90 under  the CTD SS which deserve due consideration to enable the S &DT 
flexibilities in favour of developing and LDC Members to be  part of the outcomes in WTO negotiations. 
Delivering meaningful and substantive outco mes will be of great contribution to the post C OVID -19 
phase for economic recovery and the continuation of delivering on the  SDGs.  
 
As one of the beneficiaries of the WTO technical assistance and capacity programmes, we would like 
to use this opportunity t o commend all the work undertaken in various areas to assist LDCs. We 
express gratitude to the WTO Secretariat, the ITTC, the EIF Secretariat, the Agriculture and other 
Divisions for the commendable work being carried out in favour of LDCs including on cot ton sub -
products under joint implementation.  
 
44. Canada (Ottawa Group)  
 
Ottawa Group Ministers met virtually on 23 November, to discuss next steps in terms of efforts by 
the group, especially on the trade and health initiative and on agriculture . 
  
Since Mini sters last met in June, Ottawa Group members have spent a lot of time discussing how 
trade measures have supported efforts by Members to address the health crisis as well as what more 
can be done. Given the increasing number of COVID -19 cases worldwide, we  worry that this may 
lead to new potential disruptions to supply chains for essential healthcare goods, and restrictions on 
exports. In response, Ottawa Group Ministers issued a communication which lays out the rationale 
for cooperative work at the WTO in the trade and health area . 
 
It calls for:  
 
• short-term confidence -building measures as well as longer term work to facilitate trade 
in essential medical goods;  
 
• enhancing the capacity of the multilateral trading system to respond to the future global 
health  emergencies; and , WT/GC/M/188  
 
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• support of improvements in the resilience of supply chains.  
 
We will have more to say on this in the coming General Council meetings . 
  
On agriculture, Ottawa Group Ministers encouraged all Members to adopt the Singapore -led proposal 
that would prohibit the use of export restrictions on purchases for humanitarian purposes by the 
World Food Programme. In addition, Ottawa Group members commi tted to continue to advance 
work and develop ideas on agriculture transparency and export restrictions.  
 
With respect to other follow up items on the June 15 joint statement, the communication on 
transparency of trade -related COVID -19 measures was further discussed in an informal meeting of 
the TPRB in November. Members of the group will continue to discuss next steps on this important 
work. 
 
Regarding trade facilitation, we look forward to sharing more experiences in support of identifying 
ways to take ful l advantage of the opportunities for trade facilitation . 
 
With respect to fisheries subsid ies negotiations, the Group has continued to meet regularly between 
clusters to share perspectives on how to reach a successful conclusion to these negotiations, and 
treat the group as a "sounding board " for new ideas.  
 
On the e -commerce JSI, Ottawa Group members are pleased with progress made to date, including 
on the consolidated text. The Ottawa Group will continue to contribute to advancing the negotiations 
in 2021 . 
 
The Ottawa Group intends to continue its work on WTO Reform efforts going forward, and hopes to 
reconvene for a Ministerial meeting in early 2021.  
 
45. Canada  
 
TRIPS Waiver  Proposal  
 
Canada is committed to a global response to the pandem ic that leverages the entire multilateral 
trading system in supporting the research, development, manufacturing, and distribution of safe and 
effective treatments for COVID -19. Canada has reviewed the TRIPS waiver proposal from the 
Plurinational State of Bolivia, Eswatini, India, Kenya, Mozambique, Pakistan and South Africa, and 
has actively participated in the TRIPS Council discussions on these important issues. Canada is 
confident that Members will be able to resolve any concrete obstacles identified by M embers in a 
consensual manner and looks forward to further constructive discussions in the TRIPS Council in this 
regard.  
 
Agriculture  
 
Canada continues to place a priority on the agriculture negotiations, and we are encouraged by the 
level of engagement in  facilitator -led small groups. We appreciate the interest from Members on 
Canada' s paper with Brazil and Australia on tariff transparency and shipments en route. We also 
hope we can deepen engagement on domestic support aided by the database on what we cir culated. 
Finally, we call on all Members to adopt the proposal that would prohibit the use of export restrictions 
on humanitarian food purchases by the World Food Programme. Doing so would help those most in 
need and would not pose a risk of disrupting dom estic supply given policies applied by the World 
Food Program me. 
 
Fisheries Subsidies  
 
We are disappointed that we have not been able to conclude an agreement in 2020, but we recogni se 
the challenges that the pandemic has presented. That said, we believe that it is critical to conclude 
an agreement as soon as possible.  The Chair's text has generated constructive dialogue and we look 
forward to considering the next version later this week. To advance further, we need to explore 
Members ' concerns on IUU and on overfishing and overcapacity in greater detail before turning to 
other elements of the text . 
 WT/GC/M/188  
 
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  Electronic Commerce  
 
Participating Members delivered a consolidated text, which will serve as a basis for continuing our 
negotiations next year. We enc ourage JSI participants to consider making publicly available a non -
attributed version of our consolidated text . 
 
Services Domestic Regulation  
 
Proponents now have a way forward to address all remaining drafting issues and we trust these 
solutions will be incorporated in the revised reference paper. Canada is pleased with the broad 
support on the women economic empowerment provision of the text . 
 
Investment Facilitation  
 
Canada acknowledges the progress to date and thanks the Coordinator for his invaluable work in 
advancing the discussions.  
 
MSMEs  
 
We also highlight the achievement this past Friday of the adoption of a package of recommendations 
and declaration by the Informal Working Group on MSMEs. We encourage all Members to examine 
them and invite you al l to consider incorporating these recommendations into your regular activities.  
 
Environment  
 
Canada is pleased to be part of the group of Members that launched the Trade and Environmental 
Sustainability Structured Discussions on 17 November. The first mee ting will take place in early 2021 
and we are looking forward to exploring how the WTO and trade can best contribute to reali sing 
global sustainability objectives.  
 
Appellate Body  
 
Finally, we continue to be very concerned about the Appellate Body's inabil ity to hear appeals. We 
remain willing to engage in constructive discussions towards resolving the impasse. In the 
meantime, Canada maintains that the MPIA is the best means to preserve Members ' rights under 
the DSU and invite all Members that have not joi ned to consider doing so.  
 
46. Mexico  
 
I would like to thank the Negotiating Group Chairs and Coordinators of the Joint Initiatives for their 
reports and applaud their commitment and resolve since, despite the current circumstances, they 
have striven to move forward with their respective discussions.  It has been an extremely difficult 
year globally. The COVID -19 pandemic has inflicted almost 1.6 million sad losses of human life, 
exceeding all predictions, and has significantly affected our economies.  
 
It has had an impact on everyone's lives, and on the pace of work of our Negotiating Groups, 
including fisheries which, despite having a specific mandate, has been no exception.  We reaffirm our 
support for Ambassador Wills, whose consolidated t ext has served as an important basis for 
substantive discussions. This negotiation is of particular importance to this organization and affects 
the world, which was awaiting an outcome in December and will continue making demands in respect 
of this environ mental and sustainability issue.  
 
However, well known adverse circumstances have prevented the fulfilment of the mandate from our 
Ministers. This regrettable delay and the significance of the matter under negotiation must act as a 
spur to step up efforts w ithout delay. To this end, technical work and political commitment are 
indispensable ingredients.  We are ready to support the work programme that Ambassador Wills 
considers will enable us to continue ongoing negotiations next year and achieve an outcome as  soon 
as possible.  
 
As regards agriculture, we commend the work by Ambassador Abraham and the facilitators in the 
specific groups. It is also important to note that the proposal to remove export restrictions on 
products for the World Food Programme has gai ned a great deal of traction and interest among WT/GC/M/188  
 
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  Members. Let us hope that the Members are sympathetic to and aware of the legitimate aim of this 
proposal, which seeks to increase the efficiency of the WFP's work so as to contribute, from our side, 
to the w ork of alleviating hunger in the world.  
 
Regarding Joint Initiatives on electronic commerce, investment facilitation, domestic regulation in 
services and MSMEs, we would like to thank the Coordinators and the Secretariat for their work, and 
the participati ng Members.  
 
Despite the health emergency, the work has continued, and has intensified in recent months, with 
significant progress made this year. Through small groups and open -ended meetings, the e -
commerce negotiating text was further consolidated, altho ugh we recogni se that there remains a 
significant amount work. We support the road map that Australia, Japan and Singapore have 
proposed to achieve concrete objectives and clean texts in the first half of the year. We must also 
start discussing sensitive m atters – the elephant is in the room – and we cannot fail to begin working 
to find points of convergence on data transfer, personal data privacy and server location.  
 
With regard to investment facilitation, we appreciate the discussions led by Chile. We ho pe that next 
year, the countries with proposals and interested parties will be able to submit more consolidated 
texts to the coordinator and that they will be ready for the next Ministerial Conference. Lastly, we 
appreciate Costa Rica's coordination work o n domestic regulation: the discussions have been highly 
constructive and a final text is within reach.  
 
With regard to MSMEs, we commend and appreciate the efforts of Ambassador Cancela in ensuring 
that we finally have a package of recommendations that wil l undoubtedly contribute to improving 
these enterprises' integration into international markets.  
 
Finally, we would like to congratulate all Coordinators and Members, since the negotiating processes 
have been inclusive, transparent and open. We invite Memb ers not participating in these Joint 
Initiatives to undertake the necessary internal work to join the negotiations.  
 
While in many respects 2020 has been a year to forget, it has also been a year to remember. Despite 
adversities, the WTO has played an impo rtant role in safeguarding international trade, by making 
valuable contributions to maintain trade in goods and services that are vital to tackling the health 
emergency and contributing to the ongoing economic recovery, as documented in the report recently  
discussed by the Trade Policy Review Body. While these have been important hallmarks of the 
organization, there remains much work and many debts to the international community in a number 
of areas, which require our effort, commitment and empathy. Mexico reiterates its willingness to 
contribute to upholding the importance of the multilateral trading system, in particular of the WTO.  
 
47. Uganda  
 
Uganda thanks Deputy Director -General Brauner and the Chairs of the various Negotiating Groups  
for their respective reports. At the outset, my delegation aligns itself with the statements delivered 
by Botswana on behalf of the African Group, Chad on behalf of the LDC Group and Jamaica on behalf 
of the ACP Group . 
 
2020 has been a challenging year for all of us. It has brought to the fore the realities of the 
uncertainty that our work in this organization seeks to overcome through our continued engagement 
in the various bodies of the WTO. The current status of the Appellate Body that is untenable was 
quickly reinforced b y the challenges presented by the impact of the COVID -19 pandemic. These have 
been further compounded by the inconclusive process of Appointment of the Director -General of this 
organization. We urge all Members to work together to quickly resolve these iss ues to preserve the 
progress that this organization has made towards global welfare . 
 
The WTO is a rulemaking organization. For us, this means that the rules apply to all Members having 
agreed to them on becoming a part of the organization. Therefore, we m ust all strive to respect the 
rules to ensure th e integrity of this organization. The consensus principle of decision -making must 
be justly regarded by all of us because it has served us well in the past. The notion that rules could 
be discarded to suit ce rtain circumstances should be rejected. This greatly undermines trust among 
the Membership which is critical for moving the work of this organization forward . 
 WT/GC/M/188  
 
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  My delegation welcomes progress towards achieving SDG 14.6 on fisheries but we remain 
disappoint ed at the lack of progress in concluding the Doha Development Agenda as SDG 17.10 
called us to do. We urge Members not to disregard clear Ministerial mandates . 
 
Similarly on development and special and differential treatment, we continue to urge Members to  
meaningfully engage on the G -90 proposals pursuant to Paragraph 44 of the Doha Ministerial 
Declaration towards strengthening the S&DT provision on WTO Agreements and making them more 
precise, concise and operational . 
 
On services, my delegation specifical ly thanks Members for their continued engagement under the 
LDC Services Waiver towards increasing our participation in services trade. We welcome the progress 
made in the Council for Trade in Services towards review of the operation of the notified prefere nces. 
We continue to urge Members that have not notified preferences and are in the position to do so to 
notify preferences of commercial value and promote economic benefits for LDCs . 
 
On agriculture, my delegation attaches great importance to the discussi ons in the Committee on 
Agriculture in Special Session and urges Members to urgently address the issue of trade distorting 
domestic support. We also urge Members to give favourable consideration to the African Group's 
proposal on public stockholding for fo od security purposes contained in document JOB/AG/173 . 
 
Turning to e -commerce, the COVID -19 pandemic has currently demonstrated the glaring digital 
divide through the many challenges that our citizens and business have experienced due to 
lockdowns as well as business and border closures. ICT infrastructure gaps, inadequate data on e -
commerce and access to credit cards and high incidence of unbanked consumers with no experience 
in online transactions are some of the challenges that will hinder our economic r ecovery from the 
adverse impacts of this pandemic. We therefore continue to welcome constructive discussions under 
the 1998 Work Programme on Electronic Commerce and welcome the proposals for reconsideration 
of the Moratorium on Customs Duties on Electroni c Transmissions by some Members.  
 
Finally, on reform, my delegation is of the view that reforms targeted at undermining unfulfilled 
negotiated outcomes will not be beneficial. The same applies to reforms that will make it more 
difficult for us to meaningfu lly participate in the work of the organization through burdensome 
obligations. We stand ready to engage on reform proposals that will deliver on overdue longstanding 
mandates and urge all Members to give them due consideration in any reform proposal.  
 
48. China 
 
Please allow me to thank DDG Brauner  and the three other DDGs for their diligent work in the 
absence of a Director -General  as well as all Negotiating  Group  Chairs for their briefings on 
negotiation development.  
 
It is approaching the end of the year, yet the WTO can not be rewarded with the long -awaited 
Christmas gift. As we heard the report of the Chair  of the Negotiating Group on Rules  in the morning, 
it is such a pity that Members are not able to secure an agreement on fisheries subsidies withi n this 
year as mandated. By saying so, China continues to fully support the Chair 's efforts with the sense 
of urgency to advance negotiations by formulating a new revised text at the earliest stage in order 
to find a landing zone as soon as possible.  
 
Also, beginning from this month, there was no single Appellate Body member at all, which makes 
the other major limb of the organization only on paper.  
 
What is more worrisome is Members ' inability to make a decision on selecting the next Director -
General, when  a leader is badly needed for this organization. In commending the Troika 's tireless, 
professional and transparent work, China is of the view that, in the difficult and critical times, 
respecting current procedures and good customary practices agreed upon by the entire Membership 
would be the best way forward. We look forward to a final decision to be made soon based on 
Troika 's recommendation as of late October.  
 
What gives us a little light relief is the new development of JSIs on e -commerce, investment 
facilitation for development, services domestic regulation and MSMEs. We welcome the rapid 
progress in a short period of time for these initiatives.  
 WT/GC/M/188  
 
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  Particularly, the last round of negotiations on investment facilitation was concluded on a high  note 
last week, which was an encouraging ending of a productive year. Participants are now one step 
closer to agreeing on a clean text. We look forward to the resumption of the work in January under 
the capable coordination of Mr. Mathias F rancke , Ambassa dor-designate of Chile, and call upon more 
Members to join this initiative.  
 
It is likely that we still have to live with COVID -19 pandemic at least in the foreseeable several 
months. While we thank the Secretariat of their monitoring and analy sing work an d encourage them 
to continue, we , the Members , should do our part. The latest Global Trade Alert report in November 
showed that, by 31  October 2020, a total of 2,031 policy interventions affecting international 
commerce were imposed by governments around t he world. We call upon all Members to keep their 
pandemic -related restrictive measures in genuinely emergency -responding nature, i.e. temporary, 
as instructed by G20 Trade Ministers.  
 
Lastly on MC12, China wishes to thank Kazakhstan for keeping  the possibi lity amid various 
challenges and difficulties. As a Chinese saying goes, icing on the cake is good enough, but firewood 
in cold weather is better than  good. At the same time, in order for the host to have enough time to 
prepare, Members should watch over t he situation closely and make a final decision at the proper 
time so that a clear direction could emerge among the waves of uncertainties.  
 
49. Montenegro  
 
It is customary at the end of the year to take stock of the key developments and deliberations that 
have marked the functioning of our organization and the international trading system over the past 
year. And 2020 is leaving us with multifaceted challenges as we continue to struggle with the 
devastating health, economic and social cons equences of the COVID -19 pandemic that the world 
has not experienced in decades . 
 
To successfully overcome the crisis and restore the foundations for sustainable economic recovery 
and growth, several preconditions will be crucial. These are primarily: keep ing international trade 
and investment flows open; increased cooperation and coordination between WTO Members; joint 
commitment to transparency. In a nutshell, strengthening an open, transparent, predictable and 
well-functioning rules -based multilateral tr ading system will be required. This further implies WTO 
institutional reform as the organization should be a successful forum for negotiations, a house of 
agreements to be developed and observed, and a place for effective dispute settlement. To navigate 
the organization in this direction, it also needs strong political leadership and responsible 
stewardship, so the appointment of a new Director -General would be a positive move in this regard . 
 
Looking back over the last twelve months, negotiations in severa l domains have seen a quite 
productive year despite the challenges posed by the COVID -19 crisis.  Let me mention just a few.  
 
We welcome the progress made in the continuous negotiations on fisheries subsidies on the basis of 
the second revised version of th e single consolidated draft document. We commend Ambassador 
Wills for his leadership in steering discussion on many of the key issues, including dispute settlement , 
subsidy disciplines in the areas of illegal, unreported and unregulated fishing as well as overfished 
stocks, overfishing and overcapacity. We are also thankful to Ambassador Chambovey for his 
engagement on special and differential treatment. Montenegro reiterates its support for reaching an 
agreement that promotes a sustainable balance between supporting fisheries production and 
conservation.  
 
Montenegro also welcomes further progress on discussions in the Joint Initiatives on E -commerce, 
Services Domestic Regulations and  MSMEs . We are pleased to note a high level of participation and 
engagement  in the Investment Facilitation for Development negotiations with a view to achieving a 
concrete outcome by the Twelfth  Ministerial Conference next year.  
 
When it comes to pandemic -related challenges in international trade, we are supportive of the 
recentl y launched Trade and Health Initiative that aims to enhance the capacity of the trading system 
to respond to the public health emergencies and to contribute to improving the resilience of supply 
chains.  
 
In conclusion, Montenegro reiterates its continued s upport for WTO Reform as well as the ongoing 
negotiating agenda and looks forward to significant progress towards MC12.  WT/GC/M/188  
 
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  50. Malaysia  
 
At the outset, Malaysia associates itself with the ASEAN Statement that was delivered by Viet  Nam. 
 
We have arrived at the end of the year with both progress and challenges. Malaysia appreciates 
Members ' efforts in continuing to preserve the multilateral trading system and work to ensure the 
WTO institution remains relevant . 
 
We recogni se that the prolonged trade tensions and COVID -19 pandemic have impacted the 
economies, regions, and the entire global economy. We remained optimistic that the WTO, although 
with these challenges, has been effective in ensuring that global trade governance remains open, 
predictable and transparen t, benefitting all Members.  
 
Malaysia wishes to highlight the following:  
 
DG Selection Process  
 
Let me once again record our sincere appreciation to the General Council Chair, Amb assador  Walker 
and the Co -Facilitators – Ambassador  Castillo and Amb assador  Aspelund for their hard work in 
ensuring selection rounds were conducted in an efficient manner. Let us hope the matter could be 
resolved as soon as we resume our work early next year.  
 
Fisheries Subsidies  
 
We took note of the report by Ambassador Wills and  thank him for his leadership in this important 
area. We welcome the progress made thus far, although we have missed the mandated end of 
December deadline. Much work remains to be done and we must resume our substantive work as 
soon as possible next year.  Malaysia believes that if we were to deliver an outcome in the fisheries 
subsidies negotiations in MC12, we need to have real engagement.  
 
Dispute Settlement  
 
It is very unfortunate that we are now working in an institution that is partially collapsed – without 
a well -functioning dispute settlement system. We truly hope that this issue could be resolved 
expeditiously.  
 
Joint Initiatives  
 
We welcome the progress on various on -going discussions on the Joint Statement Initiatives on 
MSMEs, Investment Facilitation, and Electronic Commerce. We believe that there is still work that 
remains to be done in order to achieve  meaningful outcomes in MC 12. 
 
Development  
 
Development is an integral part of the WTO institution. We acknowledge that international trade has 
been an important enabler for Members ' economic growth, and therefore, we must recogni se the 
development component in the negotiations.  Greater political will and flexibility are crucial if we want 
to see this through, bearing in mind the unprecedented challenges that we are all facing now . 
 
Malaysia, as the Chair of APEC 2020, would like to share that, APEC Leaders in their Declaration, 
have re-affirmed their support for agreed upon rules of the WTO in delivering a well -functioning 
multilateral trading system and promoting the stability and predictability of international trade flows.  
We need to join hands to ensure that the credibility of t he multilateral trading system is not 
undermined.  
 
51. South Africa  
 
We align ourselves with the statement s by the ACP and the A frican Group . 
 
The COVID -19 pandemic has delivered perhaps the greatest shocks to international trade since the 
Great Depression. It is likely to restructure the global trade landscape as companies shift their focus 
from fighting the pandemic to winning the post -COVID -19 future. Governments are also forced to WT/GC/M/188  
 
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  review their trade and economic policies to adapt to the new no rmal while stabili sing the current 
economy and at the same time promoting economic recovery. However, for many developing 
countries , such is  neither automatic nor easy since COVID -19 exacerbates an already precarious 
situation . 
  
Given the intense pressure  that the crisis has put on the multilateral trading system, improved 
flexibility is required. The COVID -19 crisis has shed light on the need for public policies and trade 
disciplines to be primarily guided by and be consistent with vital public policy obj ectives such as 
health, food security and sustainable development, with health being the most urgent under the 
circumstances. In this regard, we welcome the discussion on the TRIPS Waiver in the TRIPS Council. 
The need for public support programmes in resp onse to the coronavirus crisis are not going to vanish 
overnight. A coordinated and pragmatic approach on key trade policy tools to put the global economy 
on a sustainable recovery path is required. State involvement and support will be essential part of 
this process.  
 
International trade can be one of the important drivers of economic recovery. We cannot afford 
business as usual approaches. We need a more economic recovery agenda rather than a 
liberalization agenda in the context of an unprecedented crisis . We therefore need to be realistic lest 
we set up MC12 for another failure by creating unrealistic expectations. We must ensure that trade 
contributes to inclusive growth and development. This requires that we listen to each othe r's 
concerns and craft an agenda that will ensure that trade rules work for all. It is not going to be an 
easy task. Incremental progress on mandated issues under the TNC/DDA agenda can go a long way 
towards this objective.  
 
Agriculture  
 
In relation to agriculture, substantial refo rm of trade distorting domestic support which is resulting 
in further distortions in international trade even in the context of COVID -19 pandemic. A food 
security agenda is going to be critical. This can start with contribution to the WFP, a permanent 
solution for PSH and preserving support to resource poor farmers through Art 6.2 who are vulnerable 
due to COVID -19. Food production is important for food security. A meaningful outcome in 
agriculture negotiations should address historical imbalances, concentr ation and must also deliver 
on cotton and SSM. We reiterate that the process must be inclusive and transparent process and 
allow participation of all on issues of interest . 
  
Fisheries Subsidies  
 
We thank the Chair and the Friend of the Chair for their eff orts. We must focus on delivering on all 
mandates, including on SDG 14.6, this however does not mean that management aspects should be 
brought into the WTO. The aim of the negotiations is sustainability, therefore the concept of common 
but differentiated r esponsibility is key, which requires that those Members with massive capacity 
must reduce their capacity substantially if we are to achieve sustainability. A list -based approach is 
the most pragmatic in order to make progress. Disciplines must target large  scale industrial fishing 
and safeguard food security and livelihoods of small -scale fisheries. The outcome must deliver on all 
the pillars of the mandate, including S&D T. In this regard,  S&DT should be meaningful and cannot 
be limited to transitional peri ods. Text -based negotiations must be inclusive and Member -driven. 
South Africa will continue to seek balanced outcomes that deliver on all the aspects of the mandate.  
 
Special and Differential Treatment  
 
We thank the CTD SS Chair for her attempts to facili tate substantive discussions among Members 
and we support the process to discuss two ASPs per session to enable focused discussion among 
Members. COVID -19 has exposed the strategic vulnerabilities of developing countries. S&D T in the 
WTO must serve to provide developing countries and least -developed countries with better tools to 
overcome any crisis and enable them to build resilience. It should not be regarded as a compromise 
but as a necessity to address the challenges posed by the current pandemic and to put our economies 
on a sustainable growth trajectory. We call on Members to engage in the G -90 proposals in good 
faith. It is the lack of engagement that inhibits progress.  
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  WTO Reform  
 
We are concerned with any reform agenda  that worsens the existing imbalances and inequities. 
Reforms must be premised on the principles of inclusivity and development . 
 
Electronic Commerce  
 
We have tabled with India a paper on reinvigorating the Work Programme. We stress that progress 
on the developmental aspects of e -commerce will be essential to inform decision -making on the e -
commerce moratorium at MC12 . 
 
Services  
 
We are concerned with th e lack of a developmental agenda on the exploratory discussion on the 
services sectors discussed in the CTS  SS and whether these will result in equitable outcomes. Africa' s 
share in world exports of commercial services lags behind all other regions, at abo ut 2% over the 
past decade. Therefore, unless the structural constraints faced by many African countries are 
addressed, this discussion i s not going to result in equitable benefits. South Africa does not see how 
the exploratory discussions will unlock the African services sector.  
 
Appellate Body  
 
The remaining AB member 's term expired on 30 November 2020. We are also witnessing a rise in 
the number of disputes that are appealed into the void. The dysfunctionality of the A ppellate Body  
is a systemic issue th at undermines the enforcement function of the WTO, renders the negotiations 
pointless and must be resolved as a matter of urgency.  
 
DG Selection Process  
 
The WTO is in crisis . We cannot afford to stall the DG Selection process . We call on all Members to 
ensure finalization of the process in accordance with agreed rules. This will augur well for a rules 
based multilateral trading system . The WTO needs to have a D irector -General  at the helm.  
 
52. Fiji 
 
We join other delegations in commending DDG Brauner  and his fellow DDGs for showing leadership 
in the absence of a D irector -General . We also convey our sincere thanks to the Chairs of the 
Negotiating Groups for their reports and stewardship under the various key areas currently under 
negotiations. At the outset we a ligned our intervention with the ACP Group statement as delivered 
by Jamaica and the Pacific statement to be delivered by Vanuatu.  
 
Fisheries Subsidies  
 
First, we wish to commend the Chair for his report and his continuous dedication and stewardship 
of thi s important agreement. We remain committed to the Chair 's leadership and we recogni se the 
role played by the Friend of the Chair and thank both of them for their hard work . 
 
In saying this, we have noted that the pace of negotiation s has progressed and the Chair 's draft 
consolidated text plays a critical role. I wish to therefore underscore that the modality of this 
negotiation must remain inclusive and transparent in view of smaller delegations who have keen 
interests on the subject such as the small island developing economies . 
 
Second, we do appreciate the Chair 's guiding questions to be communicated in advance to 
delegations as opposed to during the negotiation proper. This in our view is essential to stimulate 
discussions and offer sufficient time for delegations to carry out consultations where relevant with 
capital-based technicians. The vast geographical time differences during these virtual consultations 
has been an issue which would require some flexibility . 
 
Third, whil e we recogni se the efforts of the HODs in the last cluster, we reali zed that much still 
remains to be sorted first at technical level. The HODs role in our view would be more efficient to be 
endorsing progress and provide guidance on difficult discussions rather than to be renegotiating 
areas that could be best addressed through technical disc ussions . WT/GC/M/188  
 
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On substance, we wish to underscore that overfishing and overcapacity requires additional dedicated 
efforts. First, the Agreement needs to take into account proportionality and must not deviate from 
its intended target and that is to discipline t he large subsidizers and their large industrial fishing 
fleets. Second, it should ensure that the focus of the agreement is to address the subsidies and not 
the fisheries management initiatives which would be a major loophole. Further , this agreement 
shoul d build on existing international norms such as UNCLOS and should not be establishing new 
standards on fisheries management which are beyond the remit of the WTO.  
 
The understanding by some Members on transition period, technical assistance and capacity bu ilding 
in our view cannot be accepted. Small island economies surrounded by large EEZ and ocean space 
with limited fishing capacity now should not be constrained by this Agreement. Instead, this 
Agreement should be a conduit for development for small econo mies with limited fishing capacities. 
Small island economies are highly vulnerable, reliant on only few economic sectors and during this 
COVID -19 pandemic has been worst hit and remains disproportionately affected. This Agreement 
must therefore offer breat hing space for the small island developing economies . 
 
Agriculture  
 
We also echo previous sentiments in thanking the CoA SS Chair and the facilitators in advancing 
negotiation s in this area which is key to our economy. We welcome  the discussions on reducti ons of 
domestic support and an amicable way forward to PSH  and SSM. Further , we are supportive of 
initiatives that support the work of the WFP  led by Singapore that is pivotal in view of the varying 
degree of risks associated with food security posed by th e COVID -19 pandemic, climate change and 
natural disasters that exacerbates the vulnerability of our small island economies.  
 
Development  
 
Fiji being the hub of the Pacific and a major tourist destination remains severely decimated by the 
effects of the COVID-19 pandemic. COVID -19 posed important learning curves to keep our options 
open and not be comfortable on only few thriving sectors such as tourism. Fisheries has been a 
significant contributor to our GDP and remain a promising sector to be further deve loped in view of 
our large and healthy ocean space . 
 
In the last TNC this year, it would be a remiss of me not to say that this is a world of learning and 
we must not be derailed by our circumstance. We have our fa ir share of troubles in the centre of the 
Pacific Ocean from natural extremes, climate change, pandemic, which change the course of our 
economies. Something we have learn ed over the years is our ability to remain resilient and united . 
All we would need are listening ears and caring hearts within t he WTO Membership and outside . 
 
We do urge Members to engage constructively in one way or the other and help out. One of which 
is the longstanding G -90 proposals that could spearhead developments and is supportive of 
important economic paradigm that could change the course of certain economies. As I  have stated , 
there is no other way to bridge our divide by merely watching and defending . We need to fight 
together and work together not with selfish ambition or vain conceit.  
 
53. Pakistan  
 
We thank the Chairs of the Negotiating Groups for their reports  and all D eputy Director s-General  
and Ambassador Walker for keeping the shop running in the absence of even an Acting D irector -
General.  
 
As we meet for the last time in the TNC this year, it is important to ref lect on this last year. The 
challenges brought by the C OVID -19 pandemic are now well and truly established. A  weakened 
global economy, thousands of lost jobs and intensified threats to multilateralism continue to  add on 
to the overwhelming loss of lives wi th the effects much more profound and devastating in  developing 
countries with weaker production capacities, infrastructure, and resources. We must be  ready to 
deal with trade negotiations based on the new global challenges and domestic realities.  
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  Agriculture  
 
Agriculture remains an area of foremost concern in ongoing negotiations. More progress is  needed 
on some fundamental issues. Unless there is an acceptance of the need to correct existing  anomalies 
in the Agreement, with very large subsidi zers agreeing to cut domestic support first,  movement will 
be difficult. Livelihood and food security concerns in developing countries continue to  mount in  the 
wake of the pandemic and, therefore, the need for levelling the playing field in agriculture  trade 
remains paramount. Specific entitlements for developing countries and interests of NFIDCs must  not 
be swept away with the same broad stroke. As always, we continue to support an ambitious,  
expeditious, and specific outcome on cotton. We believe that the C -4 has put forth a meaningful and  
useful proposal which can contribute in a big way to the lives of cotton farmers.  
 
We note the specific proposal concerning the World Food Programme that originated  under the 
agriculture pillar on export restrictions. We appreciate the intention behind the proposal,  of fighting 
hunger and starvation. Even though it is submitted in relation to C OVID -19, it is not a new  
suggestion, and has been tabled earlier, in 2011 and 2017. The realities of food security in poor  
countries with very large populations are even more demanding today. The proposal for a blanket  
ban on export restrictions therefore needs in -depth deliberation and we are consulting and engaging 
on its specific elements.  
 
Fisheries Subsidies  
 
We recognise the efforts by the Chair of the Negotiating Group to bring  convergence. However, this 
did not quite come to a close, not only because of the time lost due to  the ongoing situation, but 
also because realities in developing countries have to be take n into account  afresh, due to the 
devastating effects of the pandemic on sustainable livelihoods and the necessity of  government 
efforts to address new challenges. The urgency to conclude must neither brush aside  genuine 
procedural and logistic constraints  of developing Members to engage at greater pace in virtual  
formats nor should it ignore the fundamental concerns regarding development and the sustainability  
of small -scale and artisanal fishermen . 
 
We have noted some good discussions on special and diffe rential treatment in recent meetings. In 
our view, this embedded right is the most crucial aspect  and any attempts to dilute this right through 
a case -by-case or needs -based approach could derail  meaningful movement. We are also concerned 
with provisions t hat could create de facto or reverse  S&DT for developed countries. This will be a re -
enactment of the anomalies in other agreements we  are still trying to correct.  
 
TRIPS and Public Health  
 
While on the subjects of ending starvation and saving fish, one ca nnot ignore the most  pressing 
matter of all which is saving human lives  for humans need to be alive to be able to eat and  fish. 
Rapid access to affordable medicines, vaccines, diagnostic kits, medical masks, ventilators and  other 
equipment for the preventi on and treatment of C OVID -19 is the need of the hour. Some headway  
has been made in vaccine development. But concerns are mounting on the availability and access 
to vaccines and other essential medicines. While rich countries have pre -purchased almost all of the  
potentially available vaccines for a fraction of the global population, large and poorer populations  
would be deprived of their access for years. The flexibilities allowed under the TRIPS Agreement for  
such situations are arguably selective, inadequ ate, limited in scope and application and impossible  
to implement.  
 
The situation demands collective action to tackle IP barriers to allow developing countries, for a  
limited time, to manufacture essential C OVID -19 related medicines and equipment in order to make 
them available to everyone across the planet quickly and at affordable rates. It is high time that the 
WTO stands up and makes itself counted in the global fight against the pandemic where it matters 
the mo st. 
 
Way Forward  
 
We cannot continue to ignore the demands for sustainable development and  improved standards of 
living for large segments of the world 's population  – be it the improvement in  production capacities 
to fight the pandemic and its effects or t he policy space required to work towards  economic 
transformation in our countries. We must lead the WTO into 2021, hopefully with a new D irector -WT/GC/M/188  
 
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  General  and a functional Appellate Body in place, with a more developmental approach that secures 
equitable  sharing of global resources and gains, and focuses more on the content and not the number 
of deals we sign as an organi zation. 
 
54. Tanzania  
 
At the outset, I would like to align my statement to the statement of the African Group as delivered 
by the delegation of Botswana . 
 
TRIPS matters  
 
We are currently facing a serious challenge of COVID -19 and are not sure of when the world will get 
back to normalcy. Members have continued to take different measures to contain the spread of 
COVID -19 and treat thos e currently infected. The WHO has called for a global solidarity to curb the 
COVID -19 pandemic, insisting close collaboration of member states, institutions, and individuals to 
develop, scale -up production of affordable diagnostics, therapeutics, medicines , and vaccines. We 
have numerously expressed in the TRIPS Council  that the TRIPS Agreement should not in any way 
hinder Members' efforts  to research, develop and scale up production of medical products and 
vaccines for COVID -19 which will be affordable and  accessible to all.  We are convinced that the 
tabled joint proposal by South Africa and India as contained in document IP/C/W/669 can provide 
us the assurance . 
 
Regarding the extension of LDC TRIPS Waiver enshrined in Article 66.1 of the TRIPS Agreement, w e 
are of the view that it should be granted. Due to the COVID -19 pandemic, LDCs ' economic and 
financial needs have tremendously increased as are fragile and vulnerable to external shocks. LDCs 
are being forced by the current situation to divert most of the ir financial resources to procure 
medicines and essential products for treatment and prevention of the spread of COVID -19, to save 
lives of their people. We urge Members to grant LDCs an extension that will be sufficient to address 
their challenges as desc ribed in the TRIPS Agreement.  LDCs have continued to lack the needed 
industrial base and manufacturing capacity to produce affordable generic medicines and products 
despite the fact that they are the most vulnerable and susceptible to the outbreaks of dise ases. It 
is a fact that the granted short transitional periods do not motivate private sector to invest in LDCs. 
That said, we would like to call upon Members to support the LDCs' request for an extension of the 
Waiver as contained in document IP/C/W/668.  
 
Fisheries Subsidies  
 
On fisheries subsidies negotiations, I would like to commend the Chair of the Negotiating Group on 
Rules , Ambassador Santiago Wills, for his efforts and comm itment to drive the negotiations forward 
on this subject. Much as we are not the demande urs of fisheries subsidies negotiations, we share 
the concern of fast depleting marine resources and would like to see SDG 14.6 implemented. 
However, Tanzania like many  developing Members has not exploited its marine resources and the 
fisheries sector is underdeveloped despite the resting huge potential. The current administration has 
started to take some steps towards developing the sector.  Therefore, we would like to s ee the 
outcome from fisheries negotiations consider our development needs.  
 
Agriculture  
 
My delegation commends the efforts of the CoA SS C hair and the facilitators. Agriculture is one of 
the priority areas which we want to see its negotiations progress p articularly to address the 
unfinished business of domestic support , PSH, simple and transparent SSM and cotton. Any 
envisaged outcome package for MC12 should include these issues . 
 
My delegation also is appreciative of the proposal put forward by the deleg ation of Singapore asking 
Members not to put export restrictions on non -commercial humanitarian purchases of food produces 
procured by the World Food Programme. Much as my Government is supportive to the legitimate 
objective of the proposal, we want to ens ure the proposed language does not constrain our policy 
space to take measures that warrants the country 's food security. My delegation is still consulting 
on the textual language while continuing with constructive dialogue . 
 
Finally, I would like to assur e the Membership of our commitment to continue working together as 
we head to wards  MC12.  WT/GC/M/188  
 
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  55. New Zealand  
 
2020 has undoubtedly been one of the most challenging years in the lifetime of the WTO. The 
pandemic, which continues to grip us has had a devastating imp act on human health and on the 
global economy, and has had a disproportionate impact on developing and LDC Members.  
 
For many of us, including New Zealand, international trade is an important factor in the recovery. 
The WTO can help us, by working to addre ss issues that have arisen through the crisis, and by 
continuing our work to fulfil the political mandates and expectations of our Ministers and Leaders.  
 
It is with bitter disappointment that we will be unable to conclude fisheries subsidies negotiations 
this month, thus missing the deadline imposed by SDG 14.6. It is particularly bitter, as our oceans 
continue to suffer from persistent overfishing and IUU. Members ' inability to meet this deadline also 
does no favours for the credibility of this organi zation. 
 
The work however must continue, and we must conclude these negotiations as soon as possible. As 
soon as possible does not mean setting a new milestone – it means working overtime in the new 
year to deliver on an overdue promise as soon as we are able.  
 
In doing so, we must not lose sight of the central problem of these talks: ensuring that subsidies do 
not contribute to unsustainable or illegal fishing. To solve this problem we must concentrate on how 
the disciplines as a whole meet the sustainability objec tive even as we try to accommodate all of 
the different circumstances Members are facing.  
 
Meanwhile , we have a responsibility to do something to address the trade disruptions which have 
hindered our response to COVID -19. The Trade and Health Initiative th at will be presented to the 
General Council this week is an important and concrete step forward. We encourage all Members to 
engage on this initiative which can help essential medical products, including vaccines, personal 
protective equipment, and other e ssential goods reach the people who need them. As a part of this 
initiative, we should also be looking at the services that enable the movement of essential medical 
products and facilitate their distribution to those who need them. These actions are crucia l to 
responding to calls we have heard from across the WTO to move quickly and decisively in this space.  
 
We have a further opportunity this week to demonstrate that the WTO is not only relevant but can 
also help people in need. New Zealand calls on all Members to support the decision not to impose 
export restrictions against food purchased by the World Food Programme. This a simple, 
straightforward idea to help a Nobel Prize winning humanitarian organi zation provide support to the 
communities most affected  by hunger and malnutrition.  
 
With respect to other negotiating issues, we are also pleased to see progress being made on joint 
statement initiatives including e -commerce and services domestic regulation. We must also begin to 
see progress on other negotia ting issues in the new  year including on agriculture.  
 
New Zealand will also continue to engage with Members to advance trade and climate issues at the 
WTO including a Ministerial Statement on Fossil Fuel Subsidy Reform for MC12.  
 
While 2020 has proved to be the most challenging year facing the globe and the WTO, we must 
ensure that 2021 is our year of resilience, recovery and growth.  
 
56. Peru  
 
We are certainly coming to the end of a very strange year. To sum up briefly , in addition to the 
routine work came th e fight against the pandemic, teleworking, the selection process of the next 
Director -General, all against the backdrop of an acute global economic crisis. However, the year is 
not yet over and this Wednesday and Thursday, in the General Council, we have t he opportunity to 
close it with a positive gesture, by taking a decision not to apply export restrictions or prohibitions 
on World Food Programme purchases in support of the organization's humanitarian work.  
 
As a beneficiary of the World Food Programme, P eru is aware of its important work in eradicating 
hunger and malnutrition in the world. Peru believes that the adoption of the proposal will strengthen 
and expand the programme's capacity to provide humanitarian assistance and address the pressing 
challeng es posed by the COVID -19 pandemic and other crises that require an urgent response from WT/GC/M/188  
 
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  the international community. Peru also trusts that the proposal will contribute to the achievement 
of Sustainable Development Goal 2  on zero hunger by 2030.  
 
With regard to future work, I believe that we should focus on four priority tasks: continue promoting 
and agreeing on measures to resume economic growth and to effectively combat COVID -19, 
promptly conclude the selection process for the Director -General , overco me the Appellate Body crisis 
and deliver results as part of the negotiating processes on fisheries subsidies and agriculture, and 
in the various Joint Initiatives, while addressing the matter of the organization's reform.  
 
In the area of negotiations and J oint Initiatives, I would like to refer to fisheries subsidies in 
particular, starting by highlighting the remarkable effort that Ambassador Wills and the Secretariat 
have made to maintain the pace of negotiations in such adverse circumstances as those of today. 
We are aware of the need to continue working hard to bridge the gap between Members' different 
perspectives and we believe that a further revision of the consolidated text could greatly enhance 
the framework of our discussions. Peru reiterates its c ommitment to the joint effort to reach an 
agreement as soon as possible.  
 
Finally, to close on a positive note, Peru is pleased that the Informal Working Group on Trade and 
Women's Economic Empowerment met for the first time last week, having submitted a r eport on 
good practice, and has started planning its work for next year, with a view to the next Ministerial 
Conference. Peru will continue to work actively in the informal group and encourages all Members 
to participate in it even if they have not yet end orsed the Buenos Aires Joint Declaration so that they 
take advantage of the exchange of information and good practices for the benefit of women.  
 
57. Vanuatu (Pacific Group)  
 
I make this statement on behalf of the Pacific Group and we align our views with the statements of 
the ACP and the LDCs.  
 
Fisheries Subsidies  
 
Our Group commends the Chair  of the Negotiating Group on Rules  for his hard work. The circulation 
of the Chair 's revised Draft Consolidated Text on 2 November was an important step in progressin g 
discussions. However, much work remains to agree on approaches in overcapacity and overfishing 
and to resolve the many technical issues as well as the cross -cutting issues which have been less 
advanced.  Discussions in different formats including small gr oups need to remain transparent and 
inclusive of all Members, especially small Members like our Group which have a significant interest 
in fisheries . 
 
For the Pacific Group, this Agreement must deliver the SDG 14.6 mandate as well as contribute to 
the Paci fic Islands Forum Leaders ' objectives to:  
 
• strengthen management and conservation measures for our fisheries and  
 
• maximise economic returns to our fisheries . 
 
The Pacific Group remains committed to this negotiation to reduce harmful fisheries subsidies to 
ensure sustainability of stocks. These disciplines must be proportional and target large subsidisers 
and large industrial fleets. In addition, this Agreement should target subsidies and not fisheries 
management.  This Agreement should not undermine the righ ts of coastal states under other 
international agreements such as UNCLOS . 
 
Our Group also commends the appointment and work of the Friend of the Chair on S&DT. This has 
enabled discussions on both the disciplines and S&DT to be pursued in parallel.  Special  and 
differential treatment should not be limited to transition periods and technical assistance and 
capacity building. But policy space must be given to developing Members, especially small vulnerable 
economies and small island developing States that have  limited or no fishing capacity at present to 
enable them to develop their fisheries sector in  the future.  
  
The Pacific Group remains committed to working with Members to deliver a meaningful Agreement 
on Fisheries Subsidies.  
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  Agriculture  
 
The Group commends the work of the CoA SS Chair and facilitators in assisting Members identify 
elements for negotiations. We continue to support discussions on reduction of trade  distorting 
domestic support and finding solutions to PSH and SSM . COVID -19 ha s exposed the vulnerability of 
import -dependent countries like our Group to the trade and export restrictions imposed by our 
trading partners.  As beneficiaries of the WFP, our Group welcomes the initiative led by Singapore on 
the World Food Program me which  some Members of our Group are co -sponsoring . 
 
Development  
 
The economic impact of COVID -19 in our region has been far -reaching with trade significantly 
reduced and key sectors affected. These impacts have reinforced the need to reduce our dependence 
on one sector like tourism and to accelerate the diversification of our economies.  Given our smallness 
the opportunity for diversification is limited. The fisheries sector is one of the few sectors that provide 
potential for development . 
 
The Pacific Group therefore urges Members to engage constructively in discussions on the G -90 
proposals particularly those proposals that support economic diversification of our economies . 
 
58. Kingdom of Saudi Arabia  
 
I would like to thank Deputy Director -General Brauner  for his report and to express my sincere 
appreciation to the four Deputy Directors -General for their hard work in handling the function of the 
Director -General and in steering the work of this organization at this critical time. I would also like 
to thank  the Chairs of Negotiating Groups who spoke to take stock of the progress made in their 
respective fields . 
 
The economic and social disruption caused by the COVID -19 pandemic is devastating. It has a 
significant effect not only on  health but also on the gl obal economy and in international trade. At 
this difficult and challenging time, we need now more than ever to unify our efforts to restore the 
confidence and the credibility of the WTO and the multilateral trading system. The WTO has an 
important role to play in managing recovery from the impact of the pandemic and to lead to a post -
pandemic global trading environment. We also call upon the entire Membership to enhance the 
accessibility of essential medical goods and to make sure that all people have affor dable and 
equitable access to safe and effective COVID -19 diagnostic therapeutics and vaccines.  
 
Having said that, let me present our views in certain issues of our work . 
 
Active engagement, strong political will and full understanding of the scope and ele ments of the 
proposed reform s are required to advance WTO Reform. In this regard, I would like to refer to the 
Riyadh Initiative on the Future of the WTO which was launched by the Saudi Arabian G20 Presidency 
and annexed to the G20 Trade and Investment Min isters Communiqué that was circulated in 
document WT/GC/221 and gain the recognition of the G20 Leaders at the Riyadh Summit as 
indicated in their declaration that was circulated in document WT/L/1101. In light of this, we believe 
that the Riyadh Initiativ e could form a good basis for further discussion among the entire 
Membership towards the necessary reform of the WTO . 
 
Saudi Arabia also underscores the importance of a well -functioning Dispute Settlement Body. We 
therefore encourage all Members to double their efforts to find ways to restore the proper functioning 
of the dispute settlement system.  
 
On agriculture, we welcome the initiative of the CoA SS for the facilitator -led small groups  and the 
work undertaken under this process. We encourage all Member s to engage constructively in the 
technical discussions in order to achieve a successful outcome for the benefit of all Members in this 
critical issue.  
 
On fisheries subsidies, we would like to thank the Chair of the Negotiating Group on Rules, 
Ambassador Wills, for his leadership. Discussions on the draft consolidated text have been 
constructive and are making progress. We support the NGR Chair's efforts to intensify the 
negotiations and encourage Members to formulate a complete text before MC12.  
 WT/GC/M/188  
 
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  Saudi Ar abia also welcomes further progress on the discussions in joint initiatives including on e -
commerce, domestic regulation, investment facilitation for development and MSMEs. We hope to 
achieve concrete outcomes by MC12.  
 
In conclusion, the Kingdom of Saudi Arabia reiterates its commitment to the multilateral trading 
system and remain ready to engage constructively in the work ahead.  
 
59. Indonesia  
 
2020 is a challenging year for the world. The C OVID -19 pandemic has impacted every aspect of our 
lives. COVID -19 has not only halt ed our negotiation progress but also carr ies additional responsibility 
to ensure that our work  would  help in economic recover y efforts . I commend the Secretariat for their 
respo nsiveness, particularly in assisting Members with information and measures taken by Members 
related to trade and C OVID -19. These efforts have served as a platform to enhance transparency 
and bolster cooperation.  
 
My delegation welcomes the progress made in  some of the negotiations under our mandates.  
 
Fisheries Subsidies  
 
In fisheries subsidies, we appreciate the effort of the Chair, Ambassador Santiago Wills. While we 
note significant gap s on positions among Members, we observe that the discussion helps to  
understand better each other 's position and assist Members to find common ground. As we said 
many times, this is not an easy discipline. Consequently, my delegation is convinced that we need 
to focus on the mandate  to "prohibit certain forms of fisheries subsidies that contribute to 
overcapacity and overfishing ". We have to stick to this.  Current development s seemingly tried to 
create additional "sustainability " approach es that are undertaken by other international 
organizations. It is not our task to defi ne the sustainability issue in this discipline as the FAO is 
working on that. While the WTO and FAO work to achieve the same objectives concerning fisheries 
sustainability, our approach should not overlap . 
 
Agriculture  
 
In agriculture negotiation s, we comm end the constructive discussions in the facilitator process led 
by the CoA SS Chair. Indonesia will continue to actively engage and urge Members to constructively 
participate in the process. We need to be focused in order to deliver outcomes for MC12 and n ot 
diverting our attention to the non -mandated issues. To this end, we need to continue to pursue the 
objective of Bali Ministerial Decisions to establish a permanent solution on PSH  and a comprehensive 
and balanced outcome on SSM. The G-33 statement deliv ered in the last TNC Meeting  reflected in 
JOB/TNC/88 addressed that outstanding task. Moreover, the C OVID -19 pandemic alerted us on the 
importance of food security. Concluding the PSH and SSM negotiation s are paramount to ensure this 
objective. Food reserves is imperative in food security by addressing price volatility and facilitating 
emergency distribution in time of crisis.  
 
Electronic Commerce  
 
Indonesia reaffirms its commitment to advance the developm ent of the Work Programme on 
Electronic Commerce. We underline the importance of e -commerce as a tool to support economic 
and social development. We share the view on the need to clarify the scope of electronic transmission  
which in our view shall not appl y to electronically transmitted goods and services. This long -
mandated issue should not be left behind and no effort should shift Members' commitment to 
conclude this work.  
 
Dispute Settlement  
 
Ensuring the two -tiered dispute settlement  mechanism is also o f paramount importance for our 
delegation. The deteriorating situation o f the Appellate Body issue clearly shows the lack of credibility 
in the WTO. We are also concerned by the adverse impact ensuing from this situation that may 
mount into backlog of case s and force Members to appeal into the void.  Indonesia once again urges 
all Members to renew their political will, and to provide willingness and commitment to resolve the  
issue concerning the appointment of Appellate Body members in order to ensure the ef fectiveness 
of the dispute settlement mechanism.  WT/GC/M/188  
 
- 193 - 
 
  TRIPS Waiver Proposal  
 
Lastly, my delegation is heartened to observe the ongoing discussion on  the proposal for a waiver 
from certain provision of TRIPS Agreement for the prevention, containment and treatmen t of COVID -
19. We thank the co -sponsors for opening candid discussion s on how we can work to ensure equal, 
affordable and timely access to medicine, vaccines and other C OVID -19 related products that are 
greatly needed in this time. My delegation is looking  forward to contributing further and hope this 
proposal could reach its successful conclusion . 
 
60. Republic of Moldova  
 
At the outset I would like to thank DDG Brauner  for his report as well as all the Chairs, Coordinators 
and Facilitators for their valuable work and efforts. I would also like to extend our gratitude to the 
Secretariat for their dedicated and professional work during the current year.  
  
At the end of this challenging year, this meeting seems an important opportunity to take stock of 
the developments registered in many areas of the WTO negotiations, Joint Initiatives and group 
discussions. We are very pleased to note the impressive progress registered in several of them and 
as a general comment, I would like to express our appreciation to all Members whom, despite the 
difficult circumstances we all had to deal with, were actively engaged within different groups of 
negotiations, and contributed in a constructive way to move discussions forward, which resulted in 
the achievement of important milestones by the end of this year.  
 
Joint Initiatives  
 
The Republic of Moldova continues to fully support and commends the high level of engagement and 
significant progress made – based on consolidated texts – in the negotiations on Electronic 
Commerce and Investment Facilitation for Development . We also commend the advanced progress 
achieved in the negotiations on Services Domestic Regulation where we are looking forward to  
additional submissions by Members of  their indicative draft schedules and the finalization of the draft 
Reference Paper during the upcoming year . 
 
Referring to the activity of the Informal Working Group on MSMEs,  would also like to commend the 
Members that were engaged on the great amount of  work related to the MSMEs package of decisions 
and recommendations which was recently adopted within the I nformal Working Group  on MSMEs. 
We extend our congratulations on this impressive and very timely progress which indeed sends a 
positive signal of sup port to our small businesses and we thank the Group Coordinator, Ambassador 
José Luís Cancela, for the continued leadership and dedicated work that led the group to reach this 
important milestone. In this context, Moldova would be pleased to join the co -sponsors that 
endorsed this package and reconfirm our commitment to this initiative. We also invite other 
interested Members to co -sponsor the package and look forward to its implementation . 
 
On Trade and Women's Economic Empowerment , Moldova  welcomes the es tablishment and the 
recently held first meeting of the Informal Working Group on Trade and Women's Economic 
Empowerment which provides a good platform for the discussions and work on trade and gender 
perspectives. We also welcome the released report/public ation by the International Gender 
Champions Trade Impact Group to which Moldova was pleased to add its contribution along with 
other Members ' best practices in trade and gender policy . 
 
As many other Members, we see Joint Initiatives as potential deliverab les by the next Ministerial 
Conference and beyond. These would enable the multilateral trading system to catch up with the 
new realities of the global trade as well as contribute to a faster recovery of our economies. Moldova 
remains committed to support a nd making greater contributions as we move forward including in 
some new Initiatives as Trade and Health and Trade and Environmental Sustainability.  
 
Agriculture  
 
As an Article XII Member, the Republic of Moldova maintains its position and considers it a p riority 
to address the existing imbalances between the commitments of Members that acceded to the 
organization under Article XII and those of the original Members  – targeting meaningful outcomes 
in all three  pillars. Additionally, Moldova reiterates its su pport for the proposal promoted by WT/GC/M/188  
 
- 194 - 
 
  Singapore on restrictions on foodstuffs purchased for non -commercial humanitarian purpose by the 
World Food Program me which could be agreed by consensus during the upcoming General Council.  
 
Services  
  
On the services di mension , we are pleased to see several tabled proposals and higher engagement 
in the Committee on Trade in Services and its subsidiary bodies during the current year.  Moldova is 
interested to engage during next year and support proposals/activities aiming at enhancing clarity 
in Members ' schedules of specific commitments as well as those targeting a higher liberalization of 
trade in services . 
 
Electronic Commerce  
 
The Republic of Moldova continues to support the extension of the moratorium on electronic 
transmissions . 
 
Appellate Body  
 
Along with other Members, Moldova remains concerned on the paralysis of the Appellate Body. The 
properly functioning, two -tiered dispute settlement system is essential to safeguard the rights and 
obligations of all Members, whether they are frequent users of the system  or not. Therefore, we will 
continue to support the call for the resolution of the problem affecting the Dispute Settl ement Body . 
 
DG Selection Process  
 
We reiterate our appreciation to Am bassador  Walker and to the Facilitators who led the selection 
process and we are looking forward to start working with the first female Director -General as soon 
as possible . 
 
Way Forward  
 
We do hope that despite current circumstances and numerous challenges faced by the multilateral 
trading system, the considerable work and activities carried o ut in the WTO will progressively 
continue and will allow us to deliver tangible results next year. The Republic of Moldova remains 
committed to the core principles of the WTO  and supports the intention to strengthen and consolidate 
its functionality and capacity to deliver.  
 
I would like to wish everyone a joyful holiday season with your loved ones, and of course, good 
health and a better year ahead.  
 
61. Argentina  
 
The end of the  year is typically devoted to balance sheets, weighing up efforts compared with the 
results, stepping back and reflecting on the past to chart new future goals, retracing our steps to 
reconfirm or reconsider our path, to evaluating, ultimately, whether we are able to achieve a positive 
balance.  
 
Among the noteworthy matters, allow me to begin by highlighting the professionalism displayed 
once again by the Secretariat both at the technical level (through the move to virtual meetings and 
the early release of key information) and the human level (mainly reflected in the creation of a small 
task force), the Secretariat amply proved its ability to handle the situation.  
 
Another matter that we do not wish to overlook is that of the selection process for our next D irector -
General. The qualifications and backgrounds of the candidates posed a difficult decision for our 
capital when it came to identifying preferences in each of the consultation rounds. The process 
evolved naturally and identified, for the first time, A frica and a woman with the greatest probability 
of reaching consensus in order to arrive at the highest post in this organization.  
 
As to the very centre of the negotiations, we would like to express our sincere appreciation to the 
Chairs, facilitators and , above all, the delegations who, regardless of their many limitations, engaged 
in a constructive and exemplary fashion. If we think of fisheries subsidies as a flagship case, the 
intensity of the discussions has been such that few could, at this point, fu rther accelerate the pace.  WT/GC/M/188  
 
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  The same is true for Joint Initiatives, whose plenary sessions have been complemented by exchanges 
in different formats and configurations, ranging from outreach to small group discussions through a 
number of informal consultatio ns. The path taken at the Buenos Aires Ministerial Conference has 
made it possible to move forward with matters of great importance to today's global trade.  
 
It is worth noting that the Joint Initiative on MSMEs has recently approved a set of proposals whi ch 
will make it possible to address central issues linked to access to trade and market information, 
trade facilitation and financing, among others. We would like to thank Ambassador Cancela, 
Coordinator of the Joint Initiative, for the efforts made to ens ure that a significant number of 
Members (90) supported the proposals. We urge the entire Membership to support the initiatives, 
which will allow for better integration of MSMEs in international trade. In difficult times posed by 
COVID -19, it is important for the WTO to give a strong signal of support to MSMEs which have 
particularly suffered the impact of the pandemic.  
 
Similarly, new proposals have been made and exchanges have continued on various ideas on the 
reform and strengthening of the WTO.  
 
In addi tion, we are also pleased that the fall in trade has not been as sharp as early estimates had 
anticipated.  
 
This is not to say that there remains much to be done to improve and reconstruct. For a developing 
Member like Argentina, the situation concerning the Appellate Body is of extreme systemic concern. 
The same concern gave rise to the abrupt interruption of the selection process of the Director -
General especially since there was strict adherence to the existing rules and agreed modalities.  
 
In our view, we are all aiming for shared objectives, but we are somewhat lacking in a common 
understanding and a dose of empathy. Commercially significant results and a high level of ambition 
should not be incompatible with formulas allowing for flexibilit y. Offensive interests in various areas 
should facilitate the trade -off rather than impede agreements. Preconditions should foster 
negotiations rather than deter them.  
 
Finally, for those of us who are practising Catholics, the end of the year is also the time of Advent, 
a time of expectation – expectations that fortunately will not be disappointed. We foresee a 
prosperous 2021 and trust that, at the Twelfth Ministerial Conference, we will have better 
deliverables than we could offer today.  
 
62. Ecuador  
 
Ecuado r thanks DDG Brauner for his report, and for the detailed reports presented today by the 
various Chairs and Coordinators. Briefly, I would like to highlight some areas that my country 
considers essential to the negotiations.  
 
Ecuador deems the immediate co nclusion of the fisheries subsidies negotiations to be a priority. We 
thank and congratulate the Ambassadors of Colombia and Switzerland for their work in this complex 
area. We welcome the second revision of the consolidated text. We trust that it contains  the elements 
that Ecuador has put forward on artisanal fisheries, due to the activity's impact, both socioeconomic 
and on food security, and the need to protect it, as reiterated by most Members. We reiterate the 
importance of the Agreement containing str ong and offensive provisions in the areas of illegal, 
unreported and unregulated fishing and on the high seas. My country will continue to support this 
process, taking the constructive approach that has characteri zed it throughout these negotiations.  
 
We also welcome the process chaired by the Ambassador of Costa Rica with regard to Agriculture. 
Ecuador is committed to the agriculture negotiations . Our priorities include the pillars of market 
access, domestic support and special safeguards. We have confiden ce in the work carried out by 
Ambassador Abraham to provide fresh impetus to negotiations in this area.  
 
Eradicating hunger is one of the major challenges of our time. Ecuador believes that the WTO can 
contribute to the achievement of this goal. At present , 51 co -sponsors  constituting 77 Members  have 
expressed support for the work of the World Food Programme through the proposed decision, 
submitted by Singapore to the General Council and which we hope will be adopted to exempt WFP 
purchases from export rest rictions or prohibitions.  
 WT/GC/M/188  
 
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  On emerging issues, Ecuador advocates for reform of the organization to bring it up to date with the 
current context and to make it a positive factor in the recovery of international trade in the post 
pandemic era. In this vein, we recogni se the importance of the debate on trade and sustainable 
development, as well as the discussions on plastics. The proposed dialogue with multiple 
stakeholders will provide us with a holistic view.  
 
Regarding Joint Statement Initiatives, we welcom e the significant progress made on e -commerce,  
MSMEs  and investment facilitation.  
 
In October this year , Ecuador joined the Joint Initiative on E-Commerce. We recogni se the 
importance of this open, transparent and inclusive process and welcome the Co-Convenors' 
leadership.  
 
We also support the work on gender and trade as an excellent platform for discussing the importance 
of gender in various areas of trade.  
 
Finally, Ecuador considers essential the selection of the WTO's future Director -General who se 
proactive role will be crucial to revitali sing the WTO thereby facilitating the functioning of the 
multilateral trading system.  
 
63. Mauritius  
 
I thank DDG Brauner and all Chairs who have done their reports today for all their efforts in trying 
to find consensual approaches. I also take this opportunity to commend all the DDGs for ensuring 
the smooth functioning of the Secretariat despite the challenges due to the COVID -19 situation.  
Mauritius associates itself  with the statement s by the African Group and the ACP . 
 
We indeed look forward to an early finalization of the DG appointment process.  
 
TRIPS  Waiver Proposal  
 
We have already expressed strong support for the proposal b y South Africa and India as providing 
the necessary flexibility under the TRIPS Agreement to protect public health. We believe it is 
important to balance out IP considerations and to foster innovation but also believe that we must 
find ways to ensure that rules can be used for public health benefits.  
 
Fisheries Subsidies  
 
We appreciate the intensive efforts by the NGR Chair and have heard his plea for moving towards 
consensus and look forward to the second revised version of this consolidated text. We real ise that 
this is not an easy task  however  much all of us wish to eliminate subsidies that impact severely to 
sustainable fishing. We will nonetheless engage with a view to finalising a balanced outcome – an 
outcome that meet the mandate of eliminating harm ful fisheries but also provide for S &DT. For a 
small country like Mauritius with an EEZ of 2.3 million km2 but a global share of catch of hardly 
0.02% and only 1.5% of national GDP, policy space would be needed to further develop our fisheries 
sector. In a ny case, however much we develop, we will never attain a level that would affect 
sustainability.  
 
WFP Proposal  
 
We also look forward to finding consensus around the Singapore proposal aimed at providing 
sourcing assurances to the World Food Programme. It will be necessary to look at the reality on the 
ground and its impact  on Members  and ensure that their food security is not put at risk.  
 
Special and Differential Treatment  
 
We associate ourselves with the statement by the ACP Group and Barbados on this mat ter believing  
S&DT to be an integral part of all our discussions.  
 WT/GC/M/188  
 
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  Electronic Commerce  
 
The pandemic, if anything, has brought t o the fore the need to accelerate the process of electronic 
commerce particularly in Africa. This is also strongly linked to the  capacity of our MSMEs to 
participate actively in global business. Also, integral to this is the issue of Trade and Gender . 
 
64. Mongolia  
 
Mongolia wishes to congratulate all four DDGs, the Secretariat and the Members on the 25th 
anniversary of the organization and the achievements accomplished despite various challenges that 
were present in the history of the WTO.  
 
We would also like to commend the D irector -General  and the D eputy Directors -General  for their 
excellent work in protecting the staff and  the Members from the spread of the pandemic, at the 
same time, managing and running the business of the organization smoothly in recent months . 
 
As a landlocked developing Member with a small and vulnerable economy, Mongolia has been and 
is supportive of the WTO and the multilateral trading system. Mongolia believes that improving and 
reforming our organization should be in the interest of all Members, large and small, developed and 
developing. At the same time, Mongolia is of the view that the benefits of  international trade should 
be reaped by all, including landlocked countries . 
 
The participation of landlocked developing countries or LLDCs in global trade is below 1 %. One -third 
of the population of landlocked developing countries is still living in extr eme poverty. On average, 
LLDCs continue to pay more than double in transport costs compared to their transit neighbo urs. 
Thus, the meaningful integration of these countries into multilateral trading system is essential.  
 
In this regard, Mongolia is trying to promote the transit rights of LLDCs in every possible way. We 
are proposing to the TFA Committee to study the possibility of establishing a sub -committee on 
transit freedom and trade facilitation. The proposed subsidiary body is instrumental in identify ing 
achievements and obstacles in the process of implementation of the TFA and providing 
recommendations to improve transit for both landlocked and transit countries . 
 
On fisheries, Mongolia would like to thank Ambassador Wills, the NGR Chair for his work and 
comprehensive report on the current state of play in the negotiations. Afghanistan, Mongolia, Nepal 
and Paraguay have co -sponsored a proposal to the draft consolidated text on fisheries subsidies 
circulated in document RD/TN/RL/130 on 30 October. Mongo lia would like to thank the Members for 
their interest and constructive comments on our proposal.  The countries submitting the proposal are 
landlocked developing countries.  
 
The proponents consider the interests of the countries with special needs must be reflected in the 
draft texts on fisheries subsidies which will ultimately lead to a multilateral agreement and have an 
impact on all Members. With the proposal, we aim at safeguarding the interests and the rights of 
landlocked developing countries in the f uture multilateral instrument on fisheries subsidies including 
the right of access to the sea, freedom of navigation, freedom of fishing and freedom of scientific 
research. These rights may eventually be affected by the decisions of coastal states . 
 
Mongol ia believes that international trade can play a major role in the promotion of economic 
development through improving the involvement in international trade and diminishing trade 
distortive measures including subsidies that contribute to overfishing, overc apacity and IUU. These 
subsidies have a negative impact on Members ' rights including the landlocked developing countries ' 
rights and possibilities of fishing in the high seas and exclusive economic zones of coastal states as 
well as their right to exploit the living resources in these areas . 
 
Mongolia also believes that enhanced partnerships between the LLDCs and the coastal states, in 
cooperation with international and regional organizations such as the Regional Fisheries Management 
Organizations would imp rove the involvement of landlocked developing countries in fishing practices 
and help them exercise their rights to utili se fish stocks and other living resources in the exclusive 
economic zones of coastal states in an equitable manner.  I would like to str ess that no landlocked 
country, even a developed  one, is a member of any RFMO. This is the organization of coastal states 
and every effort to obtain quota for fishing is unsuccessful.  
 WT/GC/M/188  
 
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  Mongolia counts on Members ' support and cooperation and is ready to wor k with Members further 
on the proposal with a view to refining it to fit the interests of all concerned . 
 
On export prohibitions relating to the World Food Programme, Mongolia strongly believes that 
helping the ones in need and striving to fight hunger is the cause for all of us to tackle SDG  2. We 
support the draft General Council  Decision and we thank Singapore for  its leadership on the matter.  
 
65. Bangladesh  
 
We agree with the other colleagues that we need to make progress in the ongoing negotiations in 
order to establish a rule s-based international trad ing system.  
  
Many delegations mentioned about the unprecedented challenges of COVID -19 pandemic and the 
role of WTO in manging the crisis. We know  that nobody is safe until everybody is safe . No country 
is safe if all other countries are not. So, as we handle the crisis for ourselves, we need to help others 
on the basis of compassion, solidarity and burden sharing. All countries have been impacted by this 
health outbreak but  the countries in the  developing south particularly the LDCs are bearing the brunt 
of the scourge disproportionately. We  therefore urge all Members to refrain from implementing 
restrictive measures on exports of essential medical, food and other agricultur al products which are 
very much needed by developing countries particularly the LDCs. In this connection, we support a 
proposal put forward by Singapore . 
 
We reiterate that unconditional, affordable, equitable and timely access to effective vaccine and 
other curative measures against the virus must be a priority. Production and distribution of vaccine 
and other medical equipment for prevention, containment and treatment of COVID -19 should be 
open to all irrespective of their development status. The TRIPS or  any other regulatory framework 
should not be a hindrance to access the most urgent public health needs o f humanity today . 
 
There is high expectation from the fisheries negotiations. It is true . We could not achieve the desired 
outcome within the stipulate d time. Surely, we have to redouble our efforts if we are to complete 
our negotiation before the next Ministerial Conference. It is possible but we would need  a little bit 
of flexibility and compromise. In this connection, my delegation stresses on the pri macy of coastal 
states, the principle of S&DT  and the e xemption of artisanal and small -scale fishing from the 
discipline, among others.  
 
We echo w hat others  have said  that marine fisheries can only be protected by prohibiting harmful 
subsidies. Subsidizers  have to take responsibilit y to correct the situation and contribute to the 
protection of this important nutritional source. We hope  that all these concerns reiterated by many 
delegations before me would  be taken into consideration in preparing the revised  consolidated text . 
 
The LDC Group has two submissions under consideration by relevant bodies of  the WTO. The first 
one is the LDC Submission on  the TRIPS extension under Article 66.1. The LDC Group is proposing 
TRIPS extension as long as a country remains  in the LDC Category plus 12 years after graduation. 
This has been done in view of the capacity constraint s of LDCs to engage in the negotiation on the 
same subject after every few years . 
 
The LDC Group has also submitted a specific proposal to the General  Council in the form of a draft 
Ministerial Conference D ecision proposing the extension of LDC -specific S&DT and other support 
measures for 12 years after graduation. Sudden loss of the international support mechanisms and 
special treatment compounded with  the COVID -19 crisis may put these countries under severe 
hardship. The LDCs are requesting for this provision so that LDCs after graduation may navigate 
through the ir transition  smoothly. We would request Members to support both submission s. 
 
Finally, we look forward to working closely with all concerned and engaging constructively in all the 
pending negotiations in the coming days for an early conclusion.  
 
66. Bolivarian Republic of Venezuela  
 
Since this is the first time that I am address ing this forum, after submitting my credentials on 
2 December, I would like to take this opportunity to reaffirm our commitment to a fair, transparent, 
rules-based multilateral system that serves as a developme nt tool for all.  
 WT/GC/M/188  
 
- 199 - 
 
  The Bolivarian Republic of Venezuela welcomes the convening of this meeting and the presentation 
of the various report s. In addition, we would like to acknowledge the coordinated work by all the 
Deputy Directors -General during the current  transition period.  
 
We also recogni ze and value the efforts made by the Chairs of the Negotiating Groups on rules, 
agriculture and trade and development. At the same time, we reiterate our commitment to engage 
actively and constructively , but also realist ically, by focusing our efforts to ensure that all these 
negotiations adequately recogni se the necessary provisions on appropriate and effective special and 
differential treatment, which take into account developing countries' realities and priorities.  
 
In the fisheries subsidies negotiations, we have now arrived at the December meeting without the 
concrete outcomes we had envisaged, despite the efforts made and stated goals. Nevertheless, we 
remain committed to fulfilling the agreed negotiating mandates, i ncluding Sustainable Development 
Goal 14.6 and defending the policy space for small -scale fishing.  
 
This year has been particularly difficult for the organization and for all in general. It is therefore 
important for us not to get side -tracked and to conce ntrate primarily on the following three areas:  
 
• Reinvigorating the organization's institutional framework, including the reactivation of 
the Appellate Body and completing the selection process of the new WTO 
Director -General.  
 
• Maintaining the pace of negotiations on fisheries subsidies, agriculture and special and 
differential treatment, while ensuring that the ongoing processes are transparent and 
inclusive and take into account the realities of the current pandemic and that schedules 
do not clash, ma king it impossible for delegations with few officials to follow up 
processes simultaneously.  
 
• Moving forward on initiatives to enable the WTO to respond to the challenges of the 
COVID -19 pandemic.  
 
On the latter point and given that COVID -19 has totally up ended our lives, habits and, above all, 
our priorities due to its economic and social consequences, our authorities have decided to 
co-sponsor the initiative put forward by South Africa and India in the document entitled, "Waiver 
from certain provisions of  the TRIPS Agreement for the Prevention, Containment and Treatment of 
COVID -19", taking into consideration its strengths to respond to the current global health situation 
that requires global political solutions, which can only be achieved through internat ional 
collaboration, so as to ensure access for all, without any restrictions, to medicines and technologies 
for the prevention, containment and treatment of COVID -19. The Bolivarian Republic of Venezuela 
will support any effort to eradicate the COVID -19 pandemic  in a spirit of cooperation and solidarity.  
 
Please count on my willingness to work together with all Members of th e organization to safeguard 
the principles agreed upon on a multilateral basis.  
 
67. United Kingdom  
 
This discussion comes at the end of a n exceptionally challenging year . 
 
We still have a long way to go to defeat C OVID -19 and there remain other threats to our collective 
prosperity and wellbeing . 
 
The WTO has a crucial role to play and we must re -commit ourselves to delivering real progress.  We 
need to cement the WTO 's role as a forward -looking organization able to deliver for 21st century 
enterprises and citizens, and able to deliver collective solutions to global problems – from the impact 
of the pandemic, to the enduring challenge  of climate change . 
 
Last month, the U nited Kingdom  was pleased to co -sponsor the call for establishing an enhanced 
dialogue on trade and environment at the WTO.  As host of COP -26, the U nited Kingdom  is proud to 
take a leading role in tackling climate chan ge. Working together, we can find ways to mitigate climate 
change, to protect our forests and oceans, and conserve biodiversity while promoting trade and 
economic development . WT/GC/M/188  
 
- 200 - 
 
  We are therefore exceedingly disappointed that, as we reach the end of 2020, we have not reached 
an agreement on disciplining harmful fisheries subsidies.  As others have said, we have missed the 
deadline set by leaders under the SDGs . 
 
The U nited Kingdom  remains committed to the mandate and it will be essential that we return to 
our work next January with a sense of urgency, and with a willingness to find compromises to reach 
an outcome that is both meaningful and fair. We remain optimistic that by mainta ining our ambitious 
schedule of monthly clusters and with the dedicated leadership of Ambassador Wills, we can reach 
an outcome that will support a sustainable future for our oceans and for fishing communities around 
the world . 
 
On a more positive note, th e United Kingdom  warmly welcomes the adoption of the MSMEs package  
as a major milestone towards better integrating small businesses into global trade. We would like to 
put on record our thanks to Ambassador Cancela of Uruguay for his effective coordination  of the 
group, culminating in the successful outcome last week.  This is an important file . 99.9% of all British 
businesses are MSMEs. We look forward to remaining an active participant in the work of the group 
going forward, including through our TAF2 proj ect. 
 
Making progress on the Joint Initiative on E-Commerce remains a priority for the U nited Kingdom . 
We have seen an acceleration of the use of technology this year, and services, digital and data trade 
continues to grow. The United Kingdom  submitted its  own written text proposals in November, 
including on cross -border transfer of information,  location of computing facilities and source code. 
The new consolidated negotiating text marks an important milestone in achieving our shared aim of 
delivering an ou tcome that benefits developed, developing and least -developed Members . 
 
We also welcome progress being made by the Joint Initiatives on Investment Facilitation for 
Development and Services Domestic Regulation. Trade, and the investment it brings, delivers jobs, 
better living standards, and higher wages at home. We have been working closely with other 
Members of the Initiative on Services Domestic Regulation with the aim of finalising the draft 
Reference Paper by the end of the year . 
 
To close, I wanted to r eiterate the importance of restoring a fully functioning dispute settlement 
system. Therefore, we look forward to continuing work with all Members as well as the next Director -
General to ensure that we do not become accustomed to the current impasse.  
 
Conc luding Remarks of Deputy Director -General Karl Brauner  
 
First of all, I want to say that it gives me great pleasure and I think it is a great privilege to Chair a 
meeting with the full Membership. Of course , I was strongly handicapped in my role by the "no  
surprises" approach. I thank you very much for the friendly words that you addressed towards the 
Secretariat and the Deputy Directors -General. I listened to impressive reports, comprehensive 
statements, clear analysis and also well -known positions. You to uched on items that are in fact on 
the agenda of the General Council. My understanding is that the Informal TNC and Informal HODs 
meetings were moved from the Green Room to the Council Room to guarantee inclusiveness. I think 
on this aspect it has worked v ery well. We had a participation of 220 this morning and we are still 
145 this evening. 60 delegations took the floor so inclusiveness has clearly been established. I think 
one of the ideas of the Green Room is the intensive exchange. If I look at the char acter that the 
meeting has developed into now when it takes place in the Council Room, I find that there is not 
such a clear distinction in its elements of intervention from the General Council. So I think you will 
have the task to find a satisfactory modu s with the new Director -General for both meetings so that 
they are distinct in their functions. And with this, I would like to remind you that all your statements 
are recorded as part of the General Council minutes – for the preparation of your General Cou ncil 
on Wednesday. With this I conclude and thank the interpreters for having stayed as long as we 
needed them. Thank you very much. This closes the meeting.  
 
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  ANNEX 4  
STATEMENT BY MOROCCO ON THE REPORT ON THE INFORMAL TNC AND INFORMAL 
HODS MEETINGS (AGENDA ITEM 1)  
At its request, the statement of the delegation of Morocco  is included below as part of the Minutes 
of the General Council meeting.  
 
_______________  
 
 
It is worthy to mention that global economy and trade are still experiencing difficult times due not 
only to current pandemic crisis, but also to protectionist measures and other several factors such as 
lack of financial resources for recovering, which could have serious effects particularly  for the 
developing countries with limited capacities and most vulnerable economies.  
 
In this context, the challenges that the WTO is facing are very important, but its role as trade 
regulator and booster is more than ever needed to enhance the economic re covery. In order for our 
organization to tackle these challenges, it is propitious to build a climate of trust and appeasement, 
which requires urgent, concerted and solidarity -based action. Hence, it is therefore in our common 
interest to engage fully and constructively in order to finali se the suspended issues especially the 
appointment of the new Director -General with full attachment to the principle of consensus, and look 
forward for your comment  on this issue later on.  
 
Furthermore, an urgent and consen sual solution for revitali sing the Appellate Body by launching the 
selection process of the Appellate Body Members is required and remains a priority. We think that 
we could have ahead an opportunity to overcome this essential issue for the well -functionin g of our 
Organization . 
 
Moreover, setting a final date for MC12 would also be essential for further mobilization towards 
achieving our common goals.  
 
Our success in implementing these issues will send a clear signal to the world that the WTO continues 
to play a crucial role in the trading system, as the main multilateral institution in charge of it.  
 
WTO has a crucial role to play in ensuring a swift recovery. In this respect, Members' discussions 
should provide an opportunity to work towards reforming the system to make it fairer, more 
equitable, more inclusive, more open and more transparent and sustainable.  
 
Therefore, the negotiating processes, particularly on agriculture and fisheries subsidies, should 
continue even beyond the deadline est ablished on its mandate. Because feasible and balanced 
outcomes worth more than precipitation to respect the deadlines.  
 
As a remarkable boom in e -commerce has accompanied the current pandemic globally, the digital 
divide has continued to widen and penali se the most vulnerable among us. In addition, today it is 
even more urgent to revitali se our work within the framework of the work program on electronic 
commerce of 1998, by emphasi sing inclusiveness and development, with the objective of bringing 
together common responses to the challenges and the opportunities in this field . 
 
As the only global organization that deals with the rules governing international trade, the WTO has 
a key role to play in stemming the current pandemic by working for equitable acces s to treatment, 
diagnostic tools and future vaccines against COVID -19 but also to avoid any disruption of supply 
chains for medical products.  
 
Finally, the flexibilities of the TRIPS Agreement and the Doha Declaration on Public Health, as well 
as any other  relevant initiative, must be implemented and supported for humanitarian and solidarity 
purposes, because the commercial and mercantile prism does not worth in such a context.  
 
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  ANNEX 5  
STATEMENT S BY EL SALVADOR, MYANMAR, NIGERIA AND THAILAND  ON THE PROPOSAL 
ON AGRICULTURE EXPORT PROHIBITIONS OR RESTRICTIONS  RELATING TO THE WORLD 
FOOD PROGRAMME  (AGENDA ITEM 9)  
At their request, the statement s of the delegation s of El Salvador; Myanmar; Nigeria and Thailand  
are included belo w as part of the Minutes of the General Council meeting.  
 
_______________  
 
 
1. El Salvador  
 
We are pleased to inform Members that we have been instructed to join as a co -sponsor of this 
declaration, which seeks, among other things, to facilitate the humanitar ian work of the World Food 
Programme.  
 
As a net food -importing country, El Salvador is one of the many countries that benefits from the 
work of the WFP. The Programme's efforts contribute to our national food security, particularly in 
the aftermath of the natural disasters that often hit El Salvador and, this year, in response to the 
effects of the COVID -19 pandemic.  
 
The large number of Members joining this initiative sends encouraging signals that, through specific 
initiatives, this organization is able t o deliver outcomes that benefit developing countries and 
contribute to food security.  
 
We applaud Singapore's initiative and call on those Members that have not yet done so to join the 
declaration. We hope that we shall soon be able to adopt this Decision,  which will have a positive 
impact on the lives of millions of people. We remain open and committed to continuing the 
constructive dialogue with all interested Members to achieve this goal.  
 
2. Myanmar  
 
Myanmar delegation supports the proposal by Singapore as  one of its co-sponsors.  
 
We commend the World Food Programme which renders humanitarian assistance to much needed 
communities through provision of food, nutritious meals and building resilience among the affected 
people.  
 
The COVID -19 pandemic has been adversely threatening the socio -economic fabrics and food 
security of the vulnerable people around the world, especially in the developing economies . 
 
It is also disrupting food supply chains and leading to unprecedented challenges in sustaining 
affordable food to all people affected by the pandemic.  
 
It is therefore imperative that we should render our support to the WFP in its smooth functioning of 
activities, including distribution of food and nutritious commodities, and procurement of agricultural 
products for non -commercial humanitarian purposes.  
 
We thank Singapore for taking a lead in this most -timely initiative, which will help much -needed 
people in meeting their essential humanitarian needs and considerably reducing emerging threats 
of food sec urity and livelihood due to the pandemic.  
 
On a personal note, Myanmar is one of the recipient countries of the WFP 's humanitarian assistance 
and emergency food and nutritious support, which have been rendered to the vulnerable 
communities amid the COVID -19 pandemic crisis.  
 
We believe that Member States will render their support to this proposal, which will undoubtedly  
enable the WFP to continue delivering humanitarian assistance and safeguarding the lives of the 
vulnerable and pandemic -stricken communities.  
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- 203 - 
 
  3. Nigeria  
 
We wish to thank the delegation of Singapore and the original co -sponsors of the Proposal on 
Agricultur e Export Prohibitions or Restrictions relating to the World Food Programme, for their 
constructive engagements and discussions with the Membership on the draft decision. The purpose 
of our engagement with proponents prior to this meeting is to explore appr opriate language in the 
draft decision that takes into account the food security concerns of some NFIDCs as well as 
effectively address the WFP challenge adduced by the proponents, however, unfortunately we were 
unable to agree on a suitable text.  While we  appreciate the lifesaving food delivery efforts of WFP 
during emergencies, it is pertinent to note that our assessment of WFP challenges seems to indicate 
that funding remains the greatest challenge of the WFP and not Export Restrictions by WTO 
Members. T his notwithstanding, we believe with requisite flexibility and pragmatism, we could 
achieve an outcome on this issue by MC12. We are therefore open to further consultation with 
proponents to enable us to achieve mutually beneficial outcome.  
 
4. Thailand  
 
Thailand has joined as a co -sponsor and fully supports the proposed draft General Council Decision 
on agriculture export restrictions relating to the World Food Programme.  
 
We urge Members to come to a consensus on this critical decision, which will send out p ositive signal 
that the WTO can agree on important and relevant issues and will play a vital role in supporting 
WFP's admirable humanitarian efforts to protect the most vulnerable from hunger.  
 
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  ANNEX 6 
STATEMENT BY OMAN ON THE STATUS REPORT ON THE CONSIDERATION BY THE TRIPS 
COUNCIL OF THE "PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS 
AGREEMENT FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID -19" 
(AGENDA ITEM 13)  
At its request, the st atement of the delegation of Oman  is included below as part of the Minutes of 
the General Council meeting.  
 
_______________  
 
 
Given the toll of COVID -19 deaths and shortages of vaccination in a timely manner, there is a great 
need to providing affordable, equitable and timely access to COVID -19 vaccine s and medicines as a 
priority.  
 
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  ANNEX 7 
STATEMENT BY CHAD (LDCS) ON THE REVIEW OF WAIVERS PURSUANT TO ARTICLE IX:4 
OF THE WTO AGREEMENT (AGENDA ITEM 14)  
At its request, the statement of the delegation of Chad, on behalf of the LDCs,  is included below as 
part of the Minutes of the General Council meeting.  
 
_______________  
 
 
Preferential Treatment in favour of Services and Service Suppliers of Least  Developed 
Countries, granted on 17 December 2011 until 31 December 2030 (WT/L/847, 
WT/L/982)  
 
The LDC group welcomes the agenda item. The LDCs services waiver decision contained in document 
WT/L/982 on the implementation of Preferential Treatment in Favour of Services and Services 
Suppliers of Least Developed Countries and Increasing LDC Participation in Services Trade is one of 
the greatest achievements in favour of LDCs in this Organization . 
 
The High Level Meeting in 2015 that yielded for the first  time notifications of services preferences in 
favour of LDCs from the now 24 Members marked the start of an exciting journey of great promise 
towards increasing the participation of LDCs in services trade. We very much commend the 24 
Members that have not ified preferences both for their interest and their commitment. We continue 
to call on Members that have not notified preferences in favour of LDCs and are in a position to do 
so to notify preferences of commercial value to LDCs . 
 
As you will recall, in Nairobi, it was also agreed to restart the clock on the 2011 Waiver Decision, 
which had already lost four of the 15 years, which takes us to 2030.  
 
In 2019, the WTO Secretariat reported that exports of commercial services for LDCs reached USD 
39.8 billion, their highest level on record, expanding by 16%, the most rapid growth since 2012 and 
that unlike in recent years, services exports grew faster in LDCs than in developed economies (7%) 
and in other developing economies (9%). As a result, the LD Cs' share in global services exports 
increased to 0.69%.  
 
Unfortunately, the COVID -19 pandemic has greatly undone much of this progress. In October this 
year, the WTO Secretariat reported that LDCs' services exports declined by around 13 -15% in the 
first q uarter and by 60 -65% in the second quarter, resulting in a year -on-year drop of around 38 -
40% in the first half of 2020. The sharp decline in overall services exports was driven by a slump in 
LDCs' travel exports, which dropped by 28 -30% in the first quart er and by 90 -92% in the second 
quarter, resulting in a 58 -60% year -on-year drop in the first half of 2020.  
 
Travel restrictions implemented globally to fight the spread of COVID -19 significantly affected the 
ability of LDCs to export services. While intern ational travel is vulnerable to local shocks such as 
natural disasters, political unrest, and health -related concerns, the COVID -19 pandemic is different 
from other health -related crises that hit LDCs in the past because of its impact on outbound tourism.  
 
According to the UN World Tourism Organization (UNWTO), global international tourist arrivals 
decreased by 25% year -on-year in the first quarter of 2020 and dropped 95% in the second quarter 
following the suspension of international flights and worldwide lockdown measures and many of our 
Members who depend heavily on this sector have been gravely impacted . 
 
We are delighted at the great work undertaken by the WTO statistics and services divisions in 
compiling this data. We continue to stress however that d ata gathering and analysis generally on 
LDC services and specifically regarding the LDC services waiver remains weak and is a major obstacle 
in our assessment of the operation of the notified preferences under the services waiver. While 
capacity building i n LDCs and assistance in this regard is pertinent, the acute level of impediments 
behind the border in many economies especially where LDC services are sought causes a great 
impact on our data. We continue to look for ways to improve data collection and ca ll upon Members 
to share their views on best approaches that we may benefit from in this regard.  
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- 206 - 
 
  Mr Chairman,  
 
On 2 December, the LDC Group, assisted by the Secretariat Services Division, and supported 
internally by our partners in TAF2/DFID, held a webin ar on COVID -19, trade measures and LDC 
services trade: state of play, challenges, solutions, and opportunities. The panellists  at the webinar 
from different spheres including the WTO, LDC Group representatives from Uganda’s logistics sector 
and Bangladesh’ s software industry, representatives from academia; representatives and the 
UNWTO gave us very useful insights into the state of play, the challenges, solutions and opportunities 
that the COVID -19 pandemic presents. The Special Representative to the United  Nations in Geneva 
and New York made excellent and highly informative presentations on a number of important topics . 
 
There were many valuable takeaways for us from the webinar but one thing was and remains very 
clear, LDCs are not doing well at all and th at the road to recovery will require digital solutions. Yet 
as explained earlier, even here, we still have numerous challenges that we have shared earlier . 
 
In 2019, the CTS initiated the process for the review of the operation of notified preferences, in 
pursuance of the mandate contained in the aforementioned Nairobi Ministerial Decision. It is our 
hope to take this process forward through continued information exchange and experience sharing. 
We are greatly encouraged by the positive response that our pr oposals for a webinar on LDC services 
trade in April 2021 contained in JOB/SERV/CTS/1 and JOB/SERV/CTS 2 have received from Members 
in the Council for Trade in Services . 
 
It is our hope that this session next year will take us a step closer to better under standing LDC 
services trade. We especially look forward to the exchange between LDC services exporters and 
businesses that import LDC services. It will be an opportunity for awareness raising as well, which 
is value addition for us. Ultimately, it is our h ope that, together, we develop solutions to challenges 
that arise in the use of notified preferences as we work towards increasing the effective participation 
of LDCs in services trade . 
 
Preferential tariff treatment for least -developed countries, granted on 16 October 2019 
until 30 June 2029  (WT/L/1069)  
 
The LDC Group sincerely thanks WTO Members for accepting to extend until July 2029 the waiver 
for preferential tariff treatment for LDCs.  
 
This decision allows us to support our efforts to integrate into w orld trade and catch up economically. 
It is true that as LDCs, the constraints that we have faced in the past still exist. Thus, the proposed 
waiver seemed sensible to us . 
 
We would particularly like to thank the developing country delegations with which we engaged in 
discussions on this issue and which greatly assisted us to reach this decision. We thus thank China, 
India, Chile, Brazil, Thailand, Turkey and the Republic of Korea.  
 
We also thank the developed country Members, particularly the Europe an Union and the United 
States, which joined the informal consultations that we held and supported the draft Decision.  
 
 
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