JOB/GC/223  
 
6 December 2019  
(19-8432) Page: 1/3 
General Council  Original: English  
 
LDC VIEWS ON WTO REF ORM DISCUSSIONS AND PROPOSALS  
COMMUNICATION FROM C HAD ON BEHALF OF THE  LDC GROUP  
The following communication, dated 6 December 2019, is being circulated at the request of the 
delegation of Chad on behalf of the LDC Group.  
 
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1.1.  The multilateral trading system is facing serious challenges to its authority and effectiveness. 
The Appellate Body crisis is one of the most visible symptoms, but many Members have identified 
other areas that need urgent attention. Under  the rubric of WTO Reform, Members have made a 
number of proposals covering a wide range of topics.  In this proposal, the LDC Group wishes to 
focus on three recently -raised topics: Appellate Body Reform, Notification and Transparency, and 
Procedures in Cou ncil and Committees.  
1.2.  In approaching the WTO Reform discussions, LDC Members emphasize the importance they 
attach to the following principles regarding discussions and proposals.  
1.3.  WTO reform should : 
i. Take full account of the widespread capacity constraints o f LDC Members, in the levels 
of obligations and implementation expected of them;  
ii. Ensure that inclusive negotiating processes and consensus -based decision -making are 
constantly used; and that whatever the negotiating format , all WTO Members have the 
right t o access promptly all documents examined during the negotiations;  
iii. Ensure that proposed reform measures, including those related to the provision of 
technical assistance to LDCs, can help them to effectively and sustainably address their 
structural capacity  constraints in order to enable them to meet their commitments 
towards the WTO;  
iv. Guarantee the preservation and improvement of the gains granted to LDCs in terms 
of the legal and procedural flexibilities contained in WTO agreements and decisions; 
and, 
v. Consi der the capacity limitations of the graduated LDCs and allow them to continue 
with LDCs flexibilities for a period of time for smooth transition.  
a. Appellate Body Reform  
i. The LDC Group views a functioning dispute settlement system, including fair and 
effectiv e appellate review, as essential to the role of the WTO. Fair and effective 
appellate review provides the underlying credibility that sustains the rules -based 
system serving all WTO Members, including LDC Members.  
ii. The LDC Group thus urges all Members to:  JOB/GC/223  
 
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  (1) Examine closely the draft General Council decision put forward by the Facilitator of 
the Informal Process (JOB/GC/222), with a view to moving as soon as possible 
toward a final decision;  
 
(2) Resolve the current impasse in AB member nominations, by including in  the General 
Council Decision an instruction that the DSB launch without delay a selection process 
to fill vacant Appellate Body positions;  
 
(3) Avoid creating rules and procedures that impose administrative burdens or 
additional complexity that would dispropo rtionately affect potential LDC parties or 
third parties in disputes in any further discussions on Appellate Body reform;  
 
(4) Take account of the desirability of encouraging the nomination of Appellate Body 
members from LDC Member countries, in any discussions on increasing the capacity 
of the Appellate Body;  
 
(5) At the request of an LDC Member involved in a WTO dispute, and pursuant to 
Article  27.2 of the DSU, ensure that the Secretariat is able to provide legal advice 
and assistance to that LDC Member  during each stage of the dispute settlement 
proceeding, including at the Appellate Body level.  
 
b. Notification and Transparency  
i. The LDC Group recognizes that effective transparency and notification requirements 
are important, and that all the WTO Members, i ncluding developed Members, need to 
improve their implementation of these requirements. In this respect developed country 
Members should be prepared to lead by example.  
ii. The LDC Group does not support the imposition of additional/new notification and 
transp arency obligations on LDC Members, if these new obligations do not take full 
account of LDC capacity constraints, many of which cannot be resolved simply through 
short-term Secretariat technical assistance and capacity building. In all circumstances, 
the L DC Members shall be provided technical and financial assistance by the 
Secretariat to fulfill their notification and transparency obligations.  
iii. The LDC Group does not support under any circumstances the imposition of punitive 
measures on LDC Members, who ma y already be subject to similar measures, including 
ineligibility for technical assistance due to arrears in WTO dues. The Marrakesh 
Agreement (particularly Article XI.2) and the Uruguay Round Ministers ' Decision on 
Measures in Favour of Least -Developed Co untries (paragraph 1) ensure that LDC 
Members are required to undertake only those commitments and concessions where 
they have recognized capabilities. LDC Members are not to be forced to act beyond 
their capacities and limitations. More positive incentive s and solutions should be 
envisaged for LDC Members. In this regard, existing difficulties in notification should 
be reviewed, and where required, the templates and procedures for LDC Members 
should be simplified.  
iv. The reform proposals submitted by other Me mbers that aim to improve and enforce 
notification obligations recognize, and are sensitive to, the difficulties faced by LDC 
Members in meeting the notification expectations set out in various WTO agreements. 
Accordingly, the LDC Group urges the Secretari at to provide the necessary support to 
LDC Members to overcome any observed shortcomings in this area, and to develop a 
support plan to create a national framework that will enable LDC Members to respond 
effectively and in a timely manner to notification a nd transparency obligations.  
c. Procedures in Councils and Committees  
i. In order to facilitate the application of procedures in the WTO Councils and 
Committees, the LDC Group supports the need to clarify in advance the definition and 
scope of the notion of "trade concerns" that may be brought by one Member to the 
attention of another.  JOB/GC/223  
 
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  ii. The LDC Group accepts the potential benefits of improving the functioning of the WTO 
Councils and Committees through better and more structured meeting procedures. 
However, it does not support tightened deadlines, the structured written exchange 
between Members of information on trade -related measures, and related Chair 
consultative processes, when these would impose a disproportionately greater burden 
on the LDC Members, given their lower capacity levels in capitals and Geneva.  
iii. The LDC Group supports proposals that would improve transparency through avoiding 
scheduling conflicts between various Councils and Committees, avoiding the 
proliferation of open -ended meetings with no wr itten records, and requiring annotated 
agendas circulated prior to Council for Trade in Goods meetings. Given the language 
profile of many LDC Members, the Group also attaches great importance to the 
maintenance of full translation and interpretation servi ces. 
iv. With respect to Ministerial Conferences, the LDC Group supports full transparency and 
inclusivity in decision -making in their preparation and organization.  
v. For the LDC Group, proposals for procedural reform in WTO Councils and Committees 
should contri bute to strengthen the monitoring and implementation of all decisions 
taken in favor of the LDCs, and to achieve more results that can positively impact their 
economies.  
vi. Multilateral approaches should be encouraged with respect to the negotiation of any 
possible agreement.  
 
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