RESTRICTED  
  
WT/COMTD/M/108  
 
21 June 2019 
(19-4255) Page: 1/19 
Committee on Trade  and Development  
108th Session    
 
  
NOTE ON THE MEETING OF 5 APRIL  2019 
Chairman: H.E. Mr. Diego Aulestia (Ecuador)  up to item K, 
and H.E. Mr. Chad Blackman (Barbados) for items L and M   
 
A. ADOPTION OF THE AGEN DA ................................ ................................ ....................  2 
B. OBSERVERS  ................................ ................................ ................................ .............  3 
(I) Request for attendance of ad hoc observers  ................................ ................................ .. 3 
(II) Further consideration of requests for observer status by the League of Arab States, the 
Organisation of Petroleum Exporting Countries, the Gulf Organization for Industrial Consulting,  
the Organisation Internationale de la Francophonie , the Common Fund for Commodities, the 
Organization of Arab Petroleum Exporting Countries and the Groupe de la Banque Africaine de 
Développement  ................................ ................................ ................................ ..................  3 
C. BRIEFING BY THE CHAI RPERSON OF THE SUB -COMMITTEE ON LEAST DE VELOPED 
COUNTRIES ON THE WOR K OF THE SUB -COMMITT EE ................................ .......................  3 
D. TRADE AND DEVELOPMEN T – WORK IN THE COMM ITTEE ON THE BASIS O F THE 
CHAIRMAN'S CONCLUDIN G STATEMENT FROM THE  EIGHTH MINISTERIAL CONFERENCE 
(WT/MIN(11)/11)  ................................ ................................ ................................ ...........  5 
(I)  Committee on Trade and Development Mandate: Focal Point for Consideration and 
Coordination of Work on Development in the WTO – Proposal from Barbados, Belize, China, Cuba, 
Ecuador, India, and the African Group (WT/COMTD/W/208)  ................................ .....................  5 
(II) Operationalization of the C TD's Mandate: a Proposal to Deliver Outcomes based on the  
MC8 Mandate – Proposal from China, Cuba, Ecuador, India and the African Group  
(WT/COMTD/W/192)    ................................ ................................ ................................ .........  5 
E. SPECIAL AND DIFFEREN TIAL TREATMENT PROVI SIONS IN WTO AGREEME NTS 
AND DECISIONS – NOTE  BY THE SECRETARIAT (WT/COMTD/W/239)  ............................  7 
F. NOTIFICATIONS UNDER THE ENABLING CLAUSE  ................................ ..................  11 
(I) Implementation of the Transparency Mechanism for Regional Trade Agreements – Status 
Report on the Committee's Work  ................................ ................................ ......................... 11 
(a)  Notifications received pursuant to Enabling Clause (Paragraph 4(a))  ................................ 11 
(b)  New symbols for notifications and subsequent documentatio n relating to regional trade 
agreements  ................................ ................................ ................................ ....................... 12 
(c) Status of the preparation of factual presentations - Report by the Chairman 
(WT/COMTD/W/243)  ................................ ................................ ................................ .......... 14 
(II) Gulf Cooperation Council (GCC) Notification of Customs Union – Communication from  
China, Egypt and India (W T/COMTD/W/175)  ................................ ................................ ......... 14 
(III)  Notification of the Comprehensive Economic Partnership Agreement between India and  
Korea (Goods)  ................................ ................................ ................................ ................... 15 WT/COMTD/M/108  
 
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  G. NOTIFICATIONS UNDER THE TRANSPARENCY MEC HANISM FOR PREFERENT IAL 
TRADE ARRANGEMENTS  ................................ ................................ ................................ . 15 
(I) Implementation of the Transparency Mechanism for Preferential Trade Arrangements – 
Status Report on the Committee's Work  ................................ ................................ ............... 15 
(a) Status of the preparation of factual presentations – Report by the Chairman 
(WT/COMTD/W/244)  ................................ ................................ ................................ .......... 15 
H. REVIEW OF STEPS TAKE N TO PROVIDE DUTY -FREE AND QUOTA -FREE MA RKET 
ACCESS TO LEAST DEVE LOPED COUNTRIES ................................ ................................ .... 16 
I. WORK PROGRAMME ON EL ECTRONIC COMMERCE  ................................ .................  17 
J. OTHER BUSINESS  ................................ ................................ ................................ .. 17 
K. ELECTION OF THE CHAI RPERSON OF THE SUB -COMMITTEE ON LEAST  
DEVELOPED COUNTRIES  ................................ ................................ ................................  19 
L. ELECTION OF THE CHAI RPERSON OF THE COMMI TTEE ON TRADE AND 
DEVELOPMENT  ................................ ................................ ................................ ...............  19 
M. DATE OF THE NEXT MEE TING ................................ ................................ .................  19 
 
1. The Chairman  said that, before turning to the adoption of the agenda for  the 108th Regular 
Session of the Committee on Trade and Development (CTD), he wished to say a few brief words 
about the Monitoring Mechanism (MM) on Special and Differential Treatment  (S&D) . He noted that 
the MM met in Dedicated Sessions of the CTD, and was not an issue on the agenda for the Regular 
Session. However, since  this was his last meeting as CTD Chair, he  wished to take th e opportunity 
to inform Members that, in the context of the MM, he had recently been approached by the 
delegations of Norway and Hong Ko ng, China , with a request to facilitate informal discussions in 
small -group settings. The purpose was to allow these two delegations to share some of their ideas 
with other Members on ways to trigger the operationalization of the MM. At their request, he had 
facilitated a number of small -group meetings on this subject earlier in the  year. He said that he was 
sharing this information for purposes of transparency, so that all Members were informed.  
 
A. ADOPTION OF THE AGEN DA 
2. The Chairman  said that he wished to note for the record  that the 108th Regular Session of the 
CTD had originally  been scheduled to be held on 27 March 2019. This was the date he had announced 
at the last meeting. However, for various reasons , it was not possible to hold the meeting on 
27 March. In a communication dated 12 February 2019, he had informed Members of the change in 
the date of the 108th Regular Session to 5 April 2019. He went on to say that the draft agenda for 
the 108th Regular Session  was contained in document WTO/AIR/COMTD/16/ Rev.1 , circulated on 
26 March 2019.  
3. The representative of Cambodia  indicated that his delegation wished to raise a matter under 
"Other Business " concerning  the imposition by the European Union  of an import dut y on Indica rice 
from Cambodia.  
4. The Chairman  said that he wished  to make a brief intervention under "Other Business " 
concerning a regular update prepared for the CTD by the Secretariat on the participation of 
developing economies in the global trading system. The next update was due for later in 201 9. As 
had been done in the past in  the CTD, he wished  to suggest that the agenda item relating to "Other 
Business " be considered before the agenda items relating to the elections of the Chairpersons of the 
Sub-Committee on LDCs and of the CTD . After the el ections of the Chairpersons, the Committee 
would turn to the last item on the agenda, which concerned the date of the next meeting. This date 
would be announced by the newly elected Chair of the CTD. With regard to the new Chair, he said 
that Ambassador Ch ad Blackman of Barbados would be elected Chair man of the CTD at the present 
meeting  – in line with what had been announced at the General Council meeting of 
28 February  2019. Ambassador Blackman , who  was not in Geneva and was therefore unable to 
attend  the present meeting,  had prepared a pre -recorded video intervention for the Committee, 
which would be shown after the formal  election . In the intervention, Ambassador Blackman would 
also announce the  date of the next meeting of the Committee.    WT/COMTD/M/108  
 
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  5. The agenda was adopted  as amended.  
B. OBSERVERS   
(I) Request for attendance of ad hoc observers  
6. The Chairman  recalled that, at previous sessions of the CTD, Members had agreed to invite a 
number of intergovernmental organizations on an ad hoc  meeting -by-meeting basis. These were the  
Arab Maghreb Union, the Economic Community of Central African States, the Economic Community 
of West African States, the Economic Cooperation Organization , the Inter -Arab Investment 
Guarantee Corporation, the Islam ic Development Bank, the African Union, the Organization  of the 
Islamic Conference, the South Centre, the Pacific Islands Forum, the United Nations Environment 
Programme, the West African Economic and Monetary Union, and the World Intellectual Property 
Organization.  These organizations had been invited to the present meeting. He proposed that the 
same organizations be invited to the next formal meeting of the CTD.  
7. It was so agreed . 
(II) Further consideration of requests for observer status by the Le ague of Arab States, the 
Organis ation of Petroleum Exporting Countrie s, the Gulf Organization for Industrial Consulting, 
the Organi sation Internationale de la Francophonie , the Common Fund for Commodities, the 
Organization of Arab Petroleum Exporting Countries and  the Groupe de la Banque Africaine de 
Développement  
8. The Chairman  said that the positions of delegations had been previously expressed. He 
indicated that, if there were no changes in positions on the requests for observer status, the 
Committee would take note and revert to the requests at the next meeting.  
9. It was so agreed. 
C. BRIEFING BY THE CHAI RPERSON OF THE SUB -COMMITTEE ON LEAST DE VELOPED 
COUNTRIES ON THE WOR K OF THE SUB -COMMITT EE 
10. The Chairman  recalled that , at the 107th Session held on 21 November 2018, the Committee 
had agreed with his proposal to invite the Chairper son of the Sub -Committee on LDCs to the present 
meeting. As he had explained at the November meeting, he believed that the CTD would benefit 
from a briefing from the Sub -Committee Chair, as it would  add value to what was found in the 
section on the Sub -Committee's work contained in the CTD's annual report to the General Council. 
It was  also in line with the Decision taken by the CTD on 5 July 1995 for the establishment of the 
Sub-Committee  – as contained in document WT/COMTD/2 – and in particular the stipulation that 
the Sub -Committee was to report to the CTD for consideration and appropriate action. He was 
pleased that the Chairperson of the Sub -Committee, Ambassador Monique Van Daalen of the 
Netherlands, had accepted his invitation.   
11.  The Chairperson of the Sub -Committee on LDCs  said that three meetings of the 
Sub Committee were held in 2018 . A summary of the work undertaken  could be found in the CTD's 
2018 annual report to the General Council, contained in document WT/COMTD/97. Furthermore, the 
Sub-Committee had held its first meeting of 2019 on 25 March. She indicated  that, in her briefing , 
she would add to the information contained in  the CTD 's annual report by providing a non -exhaustive 
overview of issues being discussed in the Su b-Committee, as well as an outlook on future 
discussions. She reminded Members  that the Sub -Committee undertook its work based on the Work 
Programme for the LDCs, which was initially  adopted in 2002 and subsequently revised in 2013. This 
Work Programme  – contained  in document WT/COMTD/LDC/11/R ev.1 – mandated  the 
Sub-Committee to focus on systemic issues of interest to LDCs, such as market access, trade -related  
technical assistance and capacity -building initiatives, accession of LDCs to the WTO, and the 
trade-related elements of the Istanbul Programme of Action  (IPOA)  for the LDCs.  
12. She went on to say that m arket access  remained a core issue  of discussion in the 
Sub-Committee . Based on annual  Secretariat notes on LDC market access and regular updates on 
trends in LDC trade, the Sub -Committee di scuss ed the  factors that shape d LDCs' trade and market 
access . She noted that a positive trend in LDCs' exports had been seen over the past two years, but WT/COMTD/M/108  
 
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  further efforts were needed to strengthen productive capacity and export diversification in the LDCs.  
The Sub -Committee also considered  yearly reports by the Secretariat on the outcomes of the annual 
review on developments in preferential rules of origin for LDCs in the Committee on Rules of Origin. 
Furthermore, in r ecent meetings, the delegation of the European Union had been active in keeping 
Members informed on the implementation of the Registered Exporter ( REX) System of origin for the 
certification of goods , and engaging them in the review of its preference schem es. In terms of 
monitoring trade -related technical assistance and capacity building initiatives , the Sub -Committee 
considered yearly report s by the WTO Secretariat and the Enhanced Integrated Framework  (EIF). In 
2018, the Sub -Committee had also received br iefings by the Standards and Trade Development 
Facility  (STDF) , and the Advisory Centre for WTO Law. Another systemic issue considered on an 
annual basis in the Sub -Committee was the accession of LDCs . It was in the Sub -Committee that 
Members had produced a set of guidelines  to facilitate LDC accessions. The LDCs also used the 
Sub-Committee to keep Members informed o f their activities and priorities at the WTO. For example, 
in 2018, the LDC Group had briefed Members on the priority issues contained in the L DC Ministerial 
Declaration adopted at the Eleventh WTO Ministerial Conference ( MC11 ). Furthermore, a t the last 
meeting of the Sub -Committee , the Coordinator of the LDC Group had provided Members with 
reports on the South -South Dialogue and the LDC Retreat.  
13. Going forward, the Sub -Committee would continue to consider the systemic issues mandated 
by the Work Programme . She indicated that she wished to point to a few specific element s in this 
regard. Discussions on market access would firstly give further attention to the utilization of trade 
preferences. She explained that, a t the last Sub -Committee meeting, the LDCs had expressed 
interest in a further investigation of the reasons why certain preferences were not fully utilized . 
Increased attention might also be given to the issue of making trade more inclusive, in particular 
with respect to the participation of women in trade. Women's economic empowerment was a priority 
in the activi ties of the EIF and the STDF, and an increasing number of discussions on these issues 
were taking place at the WTO following the Buenos Aires Declaration on Women and Trade. A third 
issue related to LDC graduation. In October 2018, the Secretariat of the Committee  on Development 
Policy of the United Nations  (UN) had informed  the Sub -Committee that 12 LDCs were expected to 
graduate from the LDC category in the near future. In response to a request made by the LDC Group 
in the Sub -Committee, the WTO Secretari at was collaborating with the EIF on a project to help 
graduating LDCs improve their understanding of the trade -related implications of graduation. A 
fourth issue relat ed to the end ing of the IPOA for the LDCs in 2020. She noted , in this regard , that 
preparations  had started for the Fifth U N Conference on LDCs, which was scheduled to be held in 
2021, and which would chart the way forward.  She concluded by thanking all Members, and 
especially LDC s, for their constructive engagement in the Sub -Committee.  
14. The representative of Chad, on behalf of the LDC Group, welcomed the briefing by the 
Chairperson of the Sub -Committee. He said that the last meeting of the Sub -Committee, held on 
25 March  2019, had  been productive and informative with respect to  the state of play of LDCs ' 
participation in international trade , including the shortcomings to address better integrat ion. He 
thanked the Secretariat for the comprehensive information provided in this regard, and also thanked 
the EIF for the update on initiatives to  strengthen LDCs ' export capacity. Appreciation was 
additionally  expressed to the European Union for its presentation on the Everything but Arms (EBA) 
initiative. He add ed that the LDC Group wished to deepen its economic relations with its various 
trading partners and to fully benefit from the preferences granted . Much work remained to be done 
to ensure a better integration of LDCs into world  trade. The LDC Group continue d to advocate for a 
more inclusive, fair and equitable multilateral trading system . Behind the achie vement of these goals 
was the need for true political will. The LDC Group was counting on Members ' support in WTO 
rule-making  as well as in terms of technical assistance , for the implementation of provisions  in favour 
of LDCs , and to foster be tter integration into world trade .   
15. The representative of Vanuatu  thanked the Chairperson of the Sub -Committee for her briefing , 
as well as for her efforts to ensure that LDC issues and needs were addressed at the WTO. He 
supported the statement by Chad and extended his delegation's appreciation for the support 
provided by the WTO Secretariat and the EIF for the study on the trade -related implications of  
graduation from LDC status. His delegation looked forward to collaborating in the implementation of 
the project.  
16. The representative of the European Union  welcomed the briefing  by the Chairperson of the 
Sub-Committee, in particular  for the emphasis placed on  the specific challenges and concerns of 
LDCs.  WT/COMTD/M/108  
 
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  17. The Chairman  noted the relevance of  issues surrounding  the utilization of trade preferences 
by LDCs. He believed  that t his deserved further investigation in order  to understand why these 
preferences were not fully utilized.  
18. The Chairperson of the Sub -Committee  on LDCs  thanked the delegations of  Chad, Vanuatu 
and the European Union  for their remarks. With regard to preference utilization , she said that the 
matter was discussed at almost all meeting s of the Sub -Committee . She also indicated that f urther 
work was required in order to ensure that the preferences were fully utilized.  
19. The Chairman  expressed appreciation  for the comprehensive briefing provided by the 
Chairperson of th e Sub-Committee . He noted that it was up to Members to decide if they would 
invite the Chairperson of the Sub Committee next year to make an oral presentation . In his view, 
such a briefing by the Sub -Committee Chair person  should take place next year as well .               
20. The Committee took note  of the briefing by the Chairperson of the Sub-Committee on LDCs , 
and of all interventions.  
D. TRADE AND DEVELOPMEN T – WORK IN THE COMM ITTEE ON THE BASIS O F THE 
CHAIRMAN'S CONCLUDIN G STATEMENT FROM THE  EIGHTH MINISTERIAL  
CONFERENCE (WT/MIN(1 1)/11)  
(I)  Committee on Trade and Development Mandate: Focal Point for Consideration and 
Coordination of Work on Development in the WTO – Proposal from Barbados, Belize, China, 
Cuba, Ecuador, India, and the African Group (WT/COMTD/W/208 )  
(II) Operationalization of the CTD's Mandate: a Proposal to Deliver Outcomes based on the MC8 
Mandate – Proposal from China, Cuba, Ecuador, India and the African Group 
(WT/COMTD/W/192 )1 
21. The Chairman  said that, at the Eighth WTO Ministeria l Conference (MC8), Ministers had 
reaffirmed the positive link between trade and development and called for focused work in the CTD. 
Ministers had called on Members to fully operationalize the mandate of the CTD as a focal point for 
development work. Two s ubmissions containing proposals for work under the MC8 mandate were 
included on the agenda of the present meeting. The first submission – by Barbados, Belize, China, 
Cuba, Ecuador, India and the African Group and contained in document WT/COMTD/W/208 – was 
for the CTD to report on the development -related work taking place in other WTO bodies. The second 
submission – by China, Cuba, Ecuador, India and the African Group – was contained in document 
WT/COMTD/W/192.  This submission contained three proposals. In t he order they were presented in 
the document, the first proposal was for the Secretariat to continue to update its report on the 
implementation of S&D provisions in the WTO Agreements and Decisions. The second proposal was 
for the CTD to report on the deve lopment -related work taking place in other WTO bodies, while the 
third proposal was for the CTD to make a recommendation for parties to RTA s to submit their 
notification and information requirements jointly. He noted that the two submissions had remained 
on the CTD's agenda for several years , and a t the last meeting, a number of the proponents had 
requested that the submissions appear on the agenda for the present meeting as well. Also, at the 
last meeting, he had encouraged further engagement among Member s in order to try and make 
progress on the outstanding proposals , and h e had additionally noted that it was up to the 
proponents to present their case, as progress could only be achieved with the active engagement of 
the proponents. He said that, in recent  meetings, Members had made interventions regarding both 
submissions together, and he therefore invited the Committee to once again take the two sub -items 
together.  
22. The representative of India said that the two submissions , when taken together,  contained 
three proposals. The first proposal , which was for the Secretariat to continue to update its report on 
the implementation of S&D provisions in the WTO Agreements and Decisions , was discussed and 
agreed to at the 87th Session. Accordingly, the Secretariat ha d prepared an update in June 2013 , 
and subsequent updates were prepared in 2016 and 2018 . India expected that the Secretariat would 
continue to prepare and circulate these reports. Turning to the second proposal, which was for the 
CTD to report on the deve lopment -related work taking place in other WTO bodies, he said that this 
                                                
1 The discussion concerning documents WT/COMTD/W/208 and WT/COMTD/W/192 is presented together 
in this Note, as the Chairman invited the Committee to take the two sub -items together .  WT/COMTD/M/108  
 
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  proposal was in line with the terms of reference (TORs) of the CTD , as well as with the MC8 mandate. 
Referring to the CTD's annual report to the General Council for 1996, as contained  in document 
WT/COMTD/9 , he noted that the CTD had agreed that year to review the implementation of 
provisions in favour of developing countr ies on the basis of contributions from Members and from 
the WTO bodies responsible for monitoring the implementatio n of the Uruguay Round commitments. 
To assist in this exercise, the Chairman had invited the Chairpersons of other WTO bodies to submit 
information on how provisions in favour of developing countries had been dealt with in their 
respective Committees. On t he basis of the se responses, the Secretariat had prepared background 
documentation presenting the replies received in an analytical format. He went on to say that the 
proponents urged the Committee to restart that practice , and ensure that the CTD act ed as a focal 
point for development work.  As for the third proposal  – which  was for the CTD to make a 
recommendation for parties to RTAs to submit their notification and information requirements jointly 
– he said that this would help ensure a timely considerati on of RTAs, and the full realization of the 
responsi bilities assigned to the CTD.  In closing, he requested that the items concerning the two 
submissions be maintained on the CTD's agenda.  
23. The representative of China  expressed support for the statement  by India, and indicated that 
his intervention related to both documents WT/COMTD/W/208 and WT/COMTD/W/192. He  stressed 
the usefulness of the Secretariat report on the implementation of S&D provisions in the WTO 
Agreements and Decisions , and requested that th e report continue to be updated in the future. He 
also noted that the CTD, by its name, should be expected to serve as a focal point for development 
work in the WTO.  Furthermore, as mentioned by India, the Committee  had performed this role in 
the past , which was also in alignment with the CTD's TORs and the MC8 mandate. Finally, he said 
that there was a system ic and specific need to discuss the propos al for the CTD to make a 
recommendation for parties to RTAs to submit their notification and information requ irements . He 
requested that  the items concerning the two submissions be maintained on the agenda for the next 
meeting , and expressed the openness of his delegation  to participate in any possible consultations 
with other Members.   
24. The representative of South Africa  said that documents WT/COMTD/W/192 and 
WT/COMTD/W/208 contained proposals  to operationalize the CTD's mandate . According to its TORs, 
the CTD  serve d as a focal point for consideration and coordination of work on development in the 
WTO. In addi tion, the Committee was to review periodically, in consultation as appropriate with the 
relevant bodies of the WTO, the application of special provisions in the Multilateral Trade Agreements 
and related Ministerial Decisions in favour of developing country  Members, and LDC Members, and 
to report to the General Council for appropriate action. The proposal that was contained in both 
submissions  under consideration was for the General Council to amend document WT/L/105 – on 
the procedures for an annual overvie w of WTO activities and for reporting under the WTO  – in order 
to specify  that the CTD was instructed to report, within its mandate, on development -related 
activities and development issues raised in other WTO bodies and provide the necessary 
recommendatio ns to the General Council on achieving better coordination within the WTO on 
development issues . This would operationaliz e the CTD's  mandate as the focal point for development 
work in the WTO. As per the proposal, the CTD needed to agree  to send a recommen dation  to the 
General Council to amend document WT/L/105.  In closing, she indicated  that it was important for 
the two submissions  under consideration to remain on the CTD's agenda until Members were able 
to fully operationalize the mandate.  
25. The representative of Ecuador  supported the statements by India, China and South Africa . 
She said that the proposals contained in documents WT/COMTD/W/192 and WT/COMTD/W/208  
aimed to ensure that the CTD fulfilled its TORs, as contained in document WT/L/46 . She also 
indicated her delegation's openness to participat e in informal consultations with other Members on 
the proposals.  
26. The representative of the United States  expressed appreciation for the Chairman's efforts to 
find a path forward on these  proposals.  However, seven years were sufficient time for the proposals 
to have been appearing on the agenda . Members would not reach consensus on them, and the 
proponents themselves had failed to take any initiative to advance their ideas. If the proponents 
wished to make changes to their proposals to address the co ncerns raised by Members , they would 
need to revise their proposals and add them to the agenda of a future meeting. While the proponents 
were free to do so, the United States did not agree to these as sta nding items. His delegation saw 
no basis from the CTD's rules of procedure that would justify these items remaining on the agenda , 
without  required action by the proponents. With respect specifically to the proposal for the CTD to WT/COMTD/M/108  
 
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  make a recommendation for  parties to RTAs to submit their notification and information 
requirements jointly, the United States had repeatedly stated that the proposal suggested a 
diminishing of Members' substantive rights and obligations under the General Agreement on Tariffs 
and Trade (GATT), the General Agreement on Trade in Services (GATS), and the Enabling Clause. 
His delegation saw no prospect for consensus in either the CTD or the Committee on Regional Trade 
Agreements (CRTA). The only outcome from the proposal would be to pr ovide one Member with the 
right to prevent others from complying with their notification obligations, which would be prejudicial 
in the face of any dispute settlement proceedings regarding a particular RTA. The proponents had 
failed to make their case. He emphasized  the need to find ways to make WTO Committees work 
better for the Membership, and the CTD was perhaps the most  obvious example of a  Committee 
that needed to push past old  proposals and discussions , and move towards a more useful debate.  
27. The repre sentative of the European Union  indicated that , for the benefit of those who were 
attending the CTD for the first time, she wished to explain why her delegation believed that the 
proposals being discussed had reached the end of the road some time ago. She said that h er 
delegation's understanding of the MC8 mandate was that the CTD should further explore the positive 
link between trade and development. This needed to be based on constructive exchanges on clearly 
identified topics, in line with the instructio n from MC8 to carry out focused work. The European Union 
had engaged constructively on the proposals submitted in the context of the MC8 mandate that had 
previously been agreed to by the Committee . However, the remaining proposals did not respond to  
the re quirement to carry ou t focused work. Furthermore, her delegation was not aware of any efforts 
in the last few years by the proponents to take into consideration  comments from other Member s, 
neither in bilateral discussions nor in the form of revised propos als. Regarding the proposal for the 
CTD to report on the development work of other WTO bodies, her delegation was of the view that 
this would give the CTD an oversight function for all aspects of the WTO's work. It went against the 
mandate to act as a foca l point on development issues and carry out focused work. Members needed 
to discuss what this focused work should be, and not re -open the CTD's mandate. Turning to the 
proposal for the CTD to make a recommendation for parties to RTAs to submit their notifi cation and 
information requirements jointly, she said that her delegation was open to having constructive 
discussions with a view to clarifying issues relating to notifications. While she concurred with the 
view shared by the United States on the proposal,  she said that this did not mean that a solution 
could not be found to the issues. However, discussions on th e matter needed to take place in the 
context of paragraph 28 of the Nairobi Ministerial Declaration , and it therefore seemed fruitless to 
continue discussions on this particular proposal.  
28. The Chairman  encouraged further engagement among Members in order to try and make 
progress on these proposals.  
29. The Committee took note  of all interventions . 
E. SPECIAL AND DIFFEREN TIAL TREATMENT PROVI SIONS IN WTO AGREEMENTS AND 
DECISIONS – NOTE BY THE SECRETARIAT (WT/ COMTD/W/239)  
30. The Chairman  recalled  that he had brought to Members' attention  at the last meeting  that the 
Secretariat had updated its paper on the implementation of  S&D provisions in the WTO Agreements  
and Decisions. The updated paper, circulated on 12 October 2018 in document WT/COMTD/W/239, 
was prepared on the basis of the proposal from Ecuador contained in document 
WT/COMTD/W/204/Rev.1 . This proposal was agreed to by the Committee at its 97th Session  in 
November 2015. The  updated Secretariat paper appeared on the agenda of the present meeting at 
the request of Ecuador. He invited the Secretariat to present the paper . 
31. A representative of the Development Division  said that he wished to provide a broad overview 
of the Secretariat  paper. He noted that it was the latest update in a line of Secretariat papers. While 
each updated version was a separate document in its own right, the underlying theme was familiar 
to Mem bers. The current update d report, like previous ones, was prepared on the basis of 
Secretariat -wide inputs . In particular, Secretariat staff working in the various areas covered in the 
document had been  requested to provide the necessary updates . In additi on, the updated report 
followed the same basic structure as recent previous versions  of the document. With regard to the 
information contained in th e report, he said that the report firstly provided a listing of S&D provisions 
in the WTO Agreements . By und ertaking such an  exercise, it was possible to count the number of 
S&D provisions in the WTO Agreements. The paper  also provided a typology of the S&D provisions 
contained in the WTO Agreements , which had been introduced by the Secretariat several years ago . WT/COMTD/M/108  
 
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  Furthermore , the report provided information on the implementation of the S&D provisions contained 
in the WTO Agreements , when such information was available. The sources used for this purpose 
were numerous, and he pointed to the wide range of document references in the paper. He also 
noted that a  separate section reflected S&D provisions and references in Ministerial, General Council 
and other relevant Decisions, with information or comments on implementation where available. 
Turning to the typology of S&D provisions  in the WTO Agreements that was used by the Secretariat , 
he said that there were six categories of provisions. The first category concerned provisions aimed 
at increasing the trade opportunities of developing country Members , while the second  concerned 
provisions under which WTO Members should safeguard the interests of developing country 
Members . A third category referred to flexibility of commitments, of action, and use of policy 
instruments . The other categories concerned  transitional time ‑periods , technical assistance , and 
provisions relating to LDC Members.  
32. He went on to say that, for the first time, a section on the Trade Facilitation Agreement (TFA) 
had been included in the Secretariat report . The inclusion of the TFA had contributed to  an increase 
in the number of S&D provisions in the WTO Agreements. In particular, the updated Secretariat 
paper counted 155 S&D provisions across the  WTO Agreements. He proceed ed to present a number 
of charts  which had been prepared  on the basis of  the information contained in the report. A first 
chart, which provided a breakdown of the 155 S&D provisions by Agreement , showed that the largest 
number  of S&D provisions  – a total of 25 – were found in the GATT 1994 and in the Agreement on 
Technical Bar riers to Trade. This was followed by the Agreement on Subsidies and Countervailing 
Measures, with 16 S&D provisions. The Agreement on Agriculture , and the GATS,  each contained 13 
S&D provisions. A second chart provided a breakdown of the 155 S&D provisions  by category. 
According to this breakdown, the highest number of S&D provisions – a total of 47 – were found in 
the category concerned with safeguarding the interests of developing country Members, while 44 
S&D provisions were found in the category concern ing flexibility of commitments . Finally, he 
presented a chart which compared the number of Ministerial , General Council and other Decisions 
reflected in the updated Secretariat report relative  to the number  reflected  in the 2016 and 2013 
versions of th e report. He noted that the number of such Decisions reflected in the report had 
progressively increased  – from 16 in the 2013 version,  up to 32 in the latest update .   
33. The representative of Ecuador  commended  the Secretariat for the updated report a nd for the 
presentation made. Her delegation was of the view  that the information contained in the report was 
valuable  for Members . She called on the  Committee to agree to update the paper every two years, 
as proposed in document WT/COMTD/W/204 /Rev.1 . 
34. The representative of the European Union  welcomed the updated  report and noted with 
appreciation the inclusion of a section on the TFA . She suggested that additional information on the 
actual use of S&D provisions could be added in the respective tables un der the "Comment " column , 
in particular  with regard to which Members had used individual provisions and when . Such 
information , which c ould cover the past five years , would greatly enhanc e transparency . 
35. The representative of Australia  thanked the Secretariat for the updated report . He believed 
that t he report  was useful for discussions on S&D generally, and should also serve as an important 
reference to Members as they proceeded to design  appropriate and targeted S&D in current and 
future negotiations. He went on to say that he wished to make a  few observations on the content of 
the report. He said that the document set out the different types of S&D provisions in the WTO 
Agreements, including in terms of flexibility of commitments, tra nsitional time  periods , and technical 
assistance. The document also illustrated that S&D provisions could  seek to  fulfil different , and 
sometimes multiple , objectives. In some instances, they could seek to increase trade opportunities 
for developing countries, and preferential market access  was one such example . In other instances, 
they could  seek to  safeguard a particular interest of countries, for example, by ensuring that 
development considerations were t aken into account in the implementation of commitments. 
Furthermore, the report provided a useful picture of Members'  varying interactions with S&D 
provisions. Many of these provisions had resulted in significant technical assistance and capacity -
building activities . Some provisions had been invoked to a great extent by Members responding to 
their particular needs, while other s had not been invoked or relied upon at all. In his delegation's 
view,  these observations would be useful to bear in mind as Members  sought to design appropriate 
and targeted S&D provisions in current and future negotiations. Members should continue to consider 
how S&D encouraged the implementation of commitments commensurate with Members' individual 
capacit ies, and more generally assi st all Members to integrate fully into the WTO.   WT/COMTD/M/108  
 
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  36. The representative of Chad, on behalf of the LDC Group, thanked the Secretariat for the 
updated report. He  noted the usefulness of the document, in particular as it provided a complete 
picture of the S&D provisions in the  WTO Agreements and Decisions. He also emphasized the LDC 
Group's commitment to p aragraph 44 of the Doha Ministerial Declaration, and to the effectiveness 
of S&D provisions. The LDC Group sought, among other  things , the full operationalization of the 
Ministerial Decisions on duty -free and quota -free (DFQF) market access  for LDCs , on the waiver for 
service s and service suppliers from LDCs, and o n preferential rules of origin in favour of LDCs . The 
operationalization of other S&D provisions  was also important . He said that all the S&D provisions 
aimed to foster the integration of LDCs into world trade , through the promotion of LDCs ' exports, 
and their structural transformation and economic diversification . In closing, he repeated the LDC 
Group's call for an effective implementation of S&D provisions . 
37. The representative of Norway  welcomed the updated report , which he believed was an 
important document, and also thanked the Secretariat  for the presentation . He said that discussions 
on S&D were often  general, and to some extent abstract, and this could lead to misunderstandings. 
In this regard , the updated rep ort was a tool that could help Members be more precise, thereby  
prepar ing the ground for more constructive discussions. He also believed that the document could 
provide Members with inspiration to put for ward submissions to the MM. This was without prejudi ce 
to the ir right to put forward proposals in any negotiations. He observed that the MM had not been 
utilized yet, although there was a clear mandate from a Decision taken at the  Ninth WTO Ministerial 
Conference  (MC9) . He indicated that this could be a los t opportunity for Members.  On the basis of 
the Secretariat report, h e encouraged Members to reflect on whether they had input in any format 
which could be useful for discussion in, and recommendations from, the MM.  
38. The representative of Mexico  welcomed th e updated Secretariat report . He believed that the 
report was useful in understand ing the existing  S&D provisions in the WTO Agreements and 
Decisions , as it listed the various provisions, and provided information on the manner in which  the 
provisions had been applied in practice . He also noted the use fulness  of classifying the S&D 
provisions in the WTO Agreements into six categories. He went on to say that t he fact that the S&D 
provisions had not been utilized in the same manner  by deve loping Members suggested that all 
developing countries did not have the same problems and needs. He gave the example of the variety 
in the use of Category B and Category C provisions in the TFA, while noting that the utilization of 
S&D in the other WTO Agr eements also differed depending on the issues faced by each developing 
country. His delegation hoped that the document would be useful for Members in negotiations and 
other work relating to S&D . 
39. The representative of China  thanked the Secretariat for the updated report and for the 
presentation. He stressed the usefulness of th e report, as it allowed Members to review clearly and 
comprehensively all S&D provisions in a single  document. He believed that it could also be useful to 
add content on the implementation or utilization of S&D provisions, and perhaps make an analysis 
of why most of the provisions were not easy to use. This would allow Members to avoid a repetition 
of such a situation in the future , which h e believed should be a  common expectation for all Members 
in order to have practical and effective S&D provisions in any future negotiations . 
40. The representative of India congratulated the Secretariat for th e updated  report . The 
document , which provided a comprehensive compilati on of all S&D provisions, was a useful reference 
for Members. His delegation believed  that the document need ed to be updated at least once every 
two years , so as to incorporate developments and decisions taken . After the circulation of each 
updated report , a related item could be included on the CTD's agenda for discussion and further 
exchanges of views.    
41. The representative of Japan  expressed appreciation to the Secretariat for the updated report 
and for the presentation. The report could be a good basis for more specific discussions on S&D 
provisions , and in this light she indicated that her delegation would study  it carefully. In addition, 
her delegation  was interested in the actual use of S&D provisions , and accordingly  supported the 
suggestion that this be elaborated on  in future updates . As such a work might be burdensome for 
the Secretariat, she suggested  that the Secretariat could start with one or two Agreement s. She also 
expressed her interest in the ideas outlined  by Norway regarding the MM . 
42. The representative of Hong Kong , China  commended the Secretariat for its work over the 
years in preparing the report on the implementation of S&D provisions. The report was a useful  tool, 
and was p ertinen t to the review  of S&D p rovisions, as mandated by Ministers at the Doha Ministerial WT/COMTD/M/108  
 
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  Conference . She also noted that paragraph 1.6 of the updated report mentioned the MM. In this 
regard, she said that the MM, which was established by Ministers in 2013, was meant to play a 
crucial role in reviewing S&D provisions. However, more than five years after  its establishment,  the 
MM had not been put into operation, due to the absence  of a written submission. The fact that an 
important Ministerial Decision had not been implemented was undermin ing the credibility of the 
WTO. Her delegation had systemic concerns  on this matter, and therefore encouraged Members to 
put forward a written submission  as soon as possible . For this purpose, she believed that good use 
could be made of the updated  Secretariat report . While the Bali Ministerial Decision which establish ed 
the MM did not prescribe a format or the content for written input, the simplest way forward could 
be to identify one S&D provision and provide a brief explanation on national exper iences as to how 
the provision was, or was not, working. With the help of the updated report, the Secretariat could 
add factual details relating to the  utilization of the provision, or the discussions at relevant 
Committees , so as to facilitate discussions  at the CTD's Dedicated Session  on the MM . She added 
that the updated Secretariat report was not only a good basis for work in the MM, but could also be 
useful in other areas of work in the WTO. Finally, s he noted that Norway and Hong Kong, China had 
prepa red an example to illustrate how a written submission could possibly be made and discussed 
in the CTD's  Dedicated Session  on the MM. She expressed her willingness to share this example  with 
interested Members.  
43. The representative of Switzerland  thanked the Secretariat for preparing the updated report , 
which  he believed  was a useful basis for upcoming discussions on S&D . He hoped that it would lead 
to constructive discussions . He also indicated that his delegation wished to echo the comments by 
the European Union and Norway, and additionally wished to recall the Bali Ministerial Decision which 
establish ed the MM. He said that Members could benefit in this sett ing from an examination  of 
concrete problems associated with existing WTO Agreements.  This would provide an instructive 
starting point to elaborate specific need s-based answers, with the aim of  enhancing and promoting 
the integration of developing countries and LDCs in to international trade .  
44. The representative of South Africa  expressed appreciation to the Secretariat for the updated 
paper and for the presentation. Her delegation supported the proposal that the  Secretariat continue 
to update the report every two years. The document served as a good reference point for S&D at 
the WTO.  She also indicated that her delegation agreed that the reasons for the non-utilization of 
S&D provisions could be stated. This could help discussions in the Special Session of the CTD , which 
could take up the issues and respond to the mandate in par agraph 44 of the Doha Ministerial 
Declaration to make S&D provisions more precise, effective and operational. For her delegation, it 
was important that discussions in the MM be kept separate from this work .  
45. The representative of Canada  said that her delegation welcomed th e updated Secretariat 
report at a time where a frank and open discussion was needed on trade and development. Th e 
report was a helpful tool for discussion s in the CTD , and in the WTO  more generally . She encouraged 
Members to reflect further , based on the document, on whether they would have input to p rovide in 
any format , so as to ensure that discussions remained constructive and useful, and helped to fulfill 
the purpose of available tools such as the MM. Canada continued to e ncourage  Members to make 
written submissions to the MM , so that it could be fully operationalized . 
46. The representative of New Zealand  thank ed the Secretariat for its efforts in updating th e 
document. His delegation welcome d the specific and concrete informa tion the report provide d on 
S&D. He also thank ed Norway for drawing attention to the MM, and for the efforts to promote its 
use. New  Zealand was supportive of the use of the M M, and was  interested in seeing how the 
proposal was received by other Members.  
47. The representative of Colombia thanked the Secretariat for th e report, which her  delegation 
found very detailed  and comprehensive. Th e report provided not only a compilation of S&D 
provisions contained in various WTO Agreements and Decisions, but also an a nalysis of the 
application of these different provisions. This was  a useful  tool that could be used as a reference for 
work in other parts of the WTO as well . It was a cross -cutting document which covered S&D 
provisions relating to  goods , services and inte llectual property. She noted in particular the 
importance her delegation attached to the provisions related to increasing  the trade opportunities of 
developing countries,  and those related to technical assistance. Her delegation believed that the 
information contained in th e report provided a sound basis  for discussions in the CTD , as well as in 
the MM . In this regard, she believed that it would be useful to set up a Working Group to focus on 
the operation of the MM , and which could conduct discuss ions along the lines suggested by Norway WT/COMTD/M/108  
 
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  and Hong Kong, China. Finally, she expressed support for a periodic review of th e Secretariat  report 
in the future.  
48. The representative of the United States  thank ed the Secretariat for the updated document , 
and note d that a  factual and straightforward report on S&D provisions was helpful. Given that the 
report in its current form was factual in scope, he indicated that his delegation would need to reflect 
further on the suggestions made at the present meeting , including those regarding utilization. In the 
context of the MM, he  observed that the report could help provide  guidance on problems that 
Members brought forward in the implementation of any specific S&D provisions .   
49. The representative of Guatemala  welcomed th e updated report, which she believed was a 
useful tool for discussions in the CTD, and could also serve as a basis for work in the MM. She 
expressed her delegation's willingness to collaborate  with other Members in this regard. She also 
noted that the Secretariat report  included what information was available on the implementation of 
S&D provisions , and inquired whether there was any intention to try to obtain additional  information, 
for example by sending out questionnaires.  
50. The repres entative of the Development Division  thanked delegations for their interventions, 
and noted  that the document appeared to be well appreciated by Members. In response to the 
question from Guatemala, he indicated that the document already contained a substan tial amount 
of document references and information. The Secretariat was in Members' hands regarding any 
further work that could be done to obtain additional information . Guidance was required from the 
Committee in that regard . 
51. The Chairman  welcomed the discussion that had taken place on the Secretariat report. He 
noted that the delegations that had spoken had recognized the value of the document, and that it 
contained important information. He also observed that some Members had indicated that they were 
still reviewing the document , while other delegations that had not intervene d might  wish to have a 
further look – or a new look – at the document. He therefore believed that there was still some 
discussion that was required. He also noted th at the Committee needed  to consider at a future 
meeting, hopefully at the next meeting, whether it was worthwhile for the Secretariat to continue 
updating and preparing the report.   
52. The Committee took note  of the Secretariat report, and of all interventio ns.                                                       
 
F. NOTIFICATIONS UNDER THE ENABLING CLAUSE  
(I) Implementation of the Transparency Mechanism for Regional Trade Agreements – 
Status Report on the Committee's Work  
(a)  Notifications received pursuant to Enabling Clause (Paragraph 4(a))    
53. The Chairman  said that there were no new notifications of RTAs to consider at the present 
meeting. However , under the present sub -item, he wished  to take the opportunity to update the 
Committee on the matter of the not ifications submitted in November 2018 by Uruguay, on behalf of 
the members of the Latin American Integration Association (LAIA) . He recalled that he had informed 
the Committee at the last meeting that several notifications – a total of 223 – had been submi tted 
by Uruguay to the Secretariat on 1 November 2018, and a further 35 notifications had been 
submitted on 20 November 2018.  All the notifications had been submitted as modifications to the 
1980 Treaty of Montevideo  (TM80) . The first batch of notifications concerned agreements concluded 
under the TM80 over the period 1980 to 2016, while the second concerned the instruments 
concluded under the TM80 in 2017. He had indicated that he would be looking over these 
notifications with the Secretariat, and would be in touch with the notifying Members for any 
clarification that was required. Since the last meeting , he and the Secretariat had indeed been in 
touch with the LAIA members, and the Secretariat had sought clarification on a number of points 
relating to the notifications submitted. He understood that these points were currently being 
considered by the LAIA m embers, and discussions had been held with the Secretariat on possible 
ways to circulate the notifications. In light of t he present situation, the LAIA members had requested 
that the circulation of the notifications be suspended until further notice. This was therefore an 
ongoing process . While the intention had been for the notifications to be on the agenda for the WT/COMTD/M/108  
 
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  present meeting, more time and work would be required until they could be circulated and 
considered by Members. The Committee would be kept updated on this matter as necessary.  
54. The representative of Uruguay  indicated  that his delegation was working with the LAIA 
members, and with the Secretariat, in order to circulate the documents . 
55. The Committee took note  of the interventions .       
(b)  New symbols for notifications and subsequent documentation relating to regional 
trade agreements  
56. The Chairman  said that , at the last meeting, he had recalled elements of an intervention that 
his predecessor in the Chair  had made on this matter at the 105th Session in April 2018. In particular, 
his predecessor had addressed a number of concerns that had been raised at an earlier meeting – 
the 104th Session in November 2017 – regarding the implementation of the Transparency Mechanism 
for RTAs (RTA TM) in the CTD. On the issue of notification symbols, his predecessor had correctly 
observed that, while CRTA document symbols a llowed a tracking of all subsequent documentation 
relating to a n RTA from the time of notification, this was not the case in the CTD. In fact, RTA 
notifications in the CTD were circulated according to the document series which had been applied 
since 1995. A unique number was assigned for subsequent documentation relating to a notified RTA 
– for example, a factual presentation, or a questions and replies document – and there was therefore 
no linkage between an RTA notification symbol, and the symbol for any subsequent documentation 
relating to that RTA. Given that this had been raised as a concern, his predecessor had looked into 
the matter, and after discussions with the Secretariat, had informed the Committee that it would be 
possible for a unique number to  be henceforth reflected on the notification document itself. This 
would allow the CTD to have a document structure for RTAs very similar to the CRTA document 
structure. Since that time, no objections had been raised by any Member regarding the 
implementat ion of a document structure in the CTD similar to the CRTA document structure. 
Nevertheless, at the last meeting, a request was made for further information on this new document 
structure in the CTD. He had therefore suggested that the Secretariat could pr ovide information on 
the new document structure at the present meeting. Accordingly, he invited a representative of the 
Secretariat to present the new document structure.   
57.  A representative of the Development Division  said that the purpose of the new docum ent 
structure was to assign a unique number to an RTA that was notified to the CTD , and to place that 
number not only on the notification of the RTA, but also on all subsequent documents relating to th e 
RTA. At the present time, this type of structure did not exist in the CTD. He indicated that he would 
first explain the current structure of document symbol s in the CTD , and then move on to explain the 
proposed new structure. In terms of the current structure, he said that notifications to the CTD were 
circulated in the document series WT/COMTD/N/a, where "a" represented a number  assigned to 
each notification circulated . This series  – which  had been used since 1995  – applied  to RTAs , as well 
as to other notifica tions to the CTD . After the establishment of the RTA TM, a new document series 
had been created for documents required in the implementation of the RTA  TM in the CTD  – including  
the factual presentations of notified RTAs , as well as the questions and repli es documents. The 
factual presentations  were circulated as WT/COMTD/RTA/b/1  – where  "b" was a number assigned 
to each RTA in the series. T he questions  and replies document were circulated in the same series , 
as document WT/COMTD/RTA/b/2. If there was a n additional document for questions  and replies, it 
was assigned the symbol WT/COMTD/RTA/b/3. As for the minutes of the Dedicated Session of the 
CTD that was held to consider a notified RTA, they were circulated with the symbol 
WT/COMTD/RTA/M/c, where "c" was a number identifying each Dedicated Session. He indicated that 
there was no link or relationship between the numbers "a", "b" and "c". To illustrate this, he gave 
an example from the CTD's 9th Dedicated Session on RTAs, which was held on 21 November 20 18. 
One of the RTAs considered at that meeting was notified using the symbol WT/COMTD/N/49. The 
factual presentation and the questions  and replies document relat ing to that RTA were circulated as 
documents WT/COMTD/RTA/10/1 and WT/COMTD/RTA/10/2  respective ly. The minutes of that 
meeting , including with regard to the consideration of the RTA in question,  were circulated in 
document WT/COMTD/RTA/M/9.  
58. Turning to the new document structure, he indicated  that he would illustrate the new structure  
for the documents used up to the present in the CTD,  for an RTA assigned the number "x". In the 
new structure, t he notification of this RTA would be circulated according to the series starting with 
WT/COMTD/RTAx/N/1 . The factual presentation would be circ ulated as document WT/COMTD/M/108  
 
- 13 - 
 
  WT/COMTD/RTAx/1, while the questions  and replies document would be issued as document 
WT/COMTD/RTAx/2 . If there was a need for an additional document  containing questions and replies , 
it would be circulated as document WT/COMTD/RTAx/3. The minutes relating to the consideration 
of RTA number "x" would be circulated as document WT/COMTD/RTAx/M/1. With regard to the new  
document structure  he had presented, he noted that "RTAx" appeared on the notification, the factual 
presentation, the quest ions and replies document s, and the minutes relating to the consideration of 
RTA number "x" . The appearance of the same number on all documents concerning a particular RTA 
would facilitate the tracking of information relating to that RTA from the time of notification. He also 
noted that , by taking  away the "COMTD " part from the symbols he had just outlined, and replac ing 
"RTA" with "REG", one would obtain the CRTA structure of document symbols. The proposed new 
structure of symbols fo r documentation in the CTD was therefore essentially the same  as the 
structure for CRTA  documents . He indicated that the new structure might be better understood by 
inserting an actual number in place of the "x", and proceeded to provide an illustration . Finally, he 
said that he wished to  touch upon another type of notification received in the CTD, which concerned 
preferential trade arrangements  (PTAs).  The issue of document structure was also relevant  here. He 
explained in this regard that, when the Transparency Mechanism for PTAs (PTA TM) was established 
a few years after the RTA  TM, a document structure similar to the one that already existed for RTAs 
had been put in place in the CTD for PTAs. This was because many of the documents required in the 
implementation of the PTA TM – the factual presentations, the questions and replies documents, and 
the minutes of the meetings of Dedicated Session s of the CTD – were similar to those used in the 
implementation of the RTA TM. Therefore, i f the Committee  were to agree to implement  the new 
structure of document symbols for RTAs, it seemed  logical to also implement the same structure for 
PTAs. This would  entail replacing "RTA" with "PTA" in the new structure of document symbols that 
he had outlined in his prese ntation . 
59. The representative of Costa Rica  noted the usefulness of the new structure of document 
symbols  and asked whether th is new structure would have implications for  users' electronic 
subscriptions to WTO documents.  
60. The representative of Mexico  expressed support for the proposed new document structure, 
which she believed was useful, and would facilitate delegations' efforts in searching for documents .  
61. The representative of Colombia believed that the new document structure would contribute to 
a better organi zation of work in the CTD. She asked whether th e new structure would apply  only to 
future documentation, or whether the intention was also to apply it to documentation that had 
previously  been considered in the CTD .  
62. The representative of Peru said that the new structure of document symbols would be useful 
for the Committee's work. He indicated that his delegation had a similar question to that raised by 
Colombia , and wondered in particular whether it  would be better to limit the new structure t o future 
notifications .   
63. The representative of the United States  indicated  that his delegation supported  implementing 
the same document  structure for RTAs as in the CRTA, and also had no objection to applying a 
similar structure for PTAs  as well .   
64. The representative of the Development Division  said that his presentation related to symbols  
for notifications and subsequent documentation , and not to the templates used for making 
notifications. These templates had already been agreed to by the Committee , and their content 
would not be affected when implementing the new document structure. With regard to whether the 
new symbols would apply to notifications previously circulated in the CTD, he indicated  that the 
present intention was not  to re-issue all previous notifications and subsequent  document ation with 
the new symbols . However, consideration would be given on a case -by-case basis to re -issuing 
certain documents , when it was deemed  useful to do so in order to implement the new document 
structure . He illustrated this by giving the example of  several  RTAs that had been notified under the 
Enabling Clause, but for which the factual presentation s had not yet been prepared. Consideration 
would be given to re-issuing the notification s in question with a new symbol , and with an appropriate 
reference to the original notification. The factual presentation s could then also be circulated 
according to the new structure.  WT/COMTD/M/108  
 
- 14 - 
 
  65. The Chairman  noted  that the present sub -item concerned new symbols for notifications and 
subsequent documentation relating to RTAs. Although the discussion had also extended to PTAs, he 
suggested that the Committee address RTAs and PTAs separately when considering the issue of the 
new document structure. He firstly invited the Committee to agre e to implement the new symbols 
for notifications and subsequent document ation relating to RTAs.  
66. The Committee agreed  to implement the new symbols for notifications and subsequent 
documentation relating to RTAs.  
67. The Chairman  invited the Committee to agree to implement the new symbols for notifications 
and subsequent documentation relating to PTAs.  
68. The Committee agreed  to implement the new symbols for notifications and subsequent 
documentation relating to PTAs. 
(c) Status of t he preparation of factual presentations - Report by the Chairman 
(WT/COMTD/W/ 243)   
69. The Chairman  said that his report on the status of the preparation of factual presentations 
was circulated in document WT/COMTD/W/243. It contained 16 separate entries relating to the 
status of preparation of factual presentations. In some cases, the Secretariat was s till awaiting the 
submission of the full set of data, while in other cases, all comments on the draft factual 
presentations had not been received. As in the past, he urged all the parties to these agreements to 
provide the data and information as soon as p ossible. He added that some progress had been made 
with regard to some factual presentations. Concerning the ASEAN -Korea agreement, he informed 
Members that, after his report had been finalized, feedback  on the draft factual presentation had 
been received from Indonesia, Korea and Myanmar. These were in addition to the comments 
received from Thailand which were mentioned in his report. Comments were still awaited from other 
parties to the agreement. As for the agreement between Ecuador and El Salvador, he n oted that the 
draft factual presentation had been sent to the parties on 29 March 2019, after his report was 
circulated. Comments on this agreement had been requested by 25 April 2019. Finally, he said that 
there remained one RTA notified under the Enablin g Clause that had not been ratified by all the 
parties. This was the Pacific Island Countries Trade Agreement (PICTA). Following CRTA procedures, 
a factual presentation on PICTA would only be drafted after the agreement had been ratified by all 
the parties . He urged the parties to PICTA to inform the Secretariat as soon as all ratifications had 
been completed.  
70. The Committee took note  of the Chairman's report.   
(II) Gulf Cooperation Council (GCC) Notification of Customs Union  – Communication from 
China, Egypt and India (WT/COMTD/W/175)  
71. The Chairman  said that th is sub -item concerned the Gulf Cooperation Council ( GCC) Customs 
Union notification. The sub -item also referred to the communication from China, Egypt and India, 
which was circulated in document WT/COMTD/W/175 . The sub -item was requested by China at the 
last meeting .  
72. The representative of India said that his intervention related to both the present sub -item, as 
well as to the next sub -item. He said that document WT/COMTD/W/175 raised systemic con cerns 
relating to the legal and procedural implications of the dual notification of the GCC Customs Union 
under both the Enabling Clause and GATT Article XXIV. These concerns also applied to some other 
RTAs. In this context, some Members had expressed the view that the systemic concerns raised in 
document WT/COMTD/W/175 were outside the scope of the CTD and needed to be discussed in the 
Negotiating Group on Rules. In India's view, the CTD was the appropriate forum to consider issues  
arising from RTAs with a  dual notification. In doing so, the CTD could consult with other WTO bodies, 
as per paragraph 3 of its TORs. The non -resolution of the matters  raised in document 
WT/COMTD/W/175 was the main reason why the consideration of RTAs with a dual notification wer e 
pending for such a long time in both the CTD and the CRTA. His delegation requested that both the  
present sub-item and the next sub -item be maintained on the CTD 's agenda . WT/COMTD/M/108  
 
- 15 - 
 
  73. The representative of China  indicated  that he wished the present sub -item to remain on the 
agenda for the next meeting.   
74. The representative of the United States  noted  that this sub -item had long ago fulfilled its 
purpose of informing Members of the notification made , and needed to therefore be removed from 
the agenda.  
75. The Committe e took note  of all interventions.   
(III) Notification of the Comprehensive Economic Partnership Agreement between India and 
Korea (Goods)  
76. The Chairman  said that th is sub-item concern ed the notification of the Comprehensive 
Economic Partnership Agreement between India and Korea . He noted that the intervention by India 
under the previous sub -item also related to the present sub -item. 
77. The representative of the United States  noted that Indi a had requested that the present 
sub-item be reflected on the agenda. He expressed disappointment that India was not prepared to 
substantively engage on th is issue in the CTD.  He urge d India to submit its data, after nearly a 
decade, so that the Committee could move on with the  matter.  
78. The representative of the European Union  said that it was important to clarify the legal and 
procedural questions arising from an RTA being notified by each party under different legal 
provisions. With respect specifically to the India -Korea agreement, she regretted that no progress 
had been mad e. The parties were invited to make additional efforts to find a solution.2   
79. The Committee took note  of all interventions.   
G. NOTIFICATIONS UNDER THE TRANSPARENCY MEC HANISM FOR PREFERENT IAL TRADE 
ARRANGEMENTS  
(I) Implementation of the Transparency Mechanis m for Preferential Trade Arrangements  – 
Status  Report  on the Committee's Work  
(a) Status of the preparation of factual presentations – Report  by the Chairman  
(WT/COMTD/W/2 44)   
80. The Chairman  said that his report on the status of the preparation of factual presentations 
was circulated in document WT/COMTD/W/24 4. In summarizing the information contained in the 
report, he informed the Committee that there were currently five PTAs that had been notified since 
the esta blishment of the PTA TM  for which the Secretariat had still not received the full set of data 
or information required for the preparation of the factual presentations. These were the PTAs being 
implemented by China, India, the Russian Federation, Chinese T aipei and Thailand. He also indicated 
that he wished to take the opportunity to remind Members implementing PTAs of their notification 
obligations with respect to changes in the implementation of the PTA. In particular, such changes – 
including any legal c hanges – needed to be notified to the CTD.  
81. The representative of the European Union  welcomed the Chairman's report, which she said 
provided transparency on the state of play in the preparation of the factual presentations. She 
wished to hear from the Membe rs that had not yet submitted the requi red data and  information to 
the Secretariat as to why there was a delay . She stressed  the importance of transparency in th e 
context of PTAs. 
82. The representative of the United States  expressed appreciation for  the Chairman's report. As 
in previous meetings , his delegation once again encouraged the concerned Members to provide the 
full set of data and information that would allow the Secretariat to complete the drafting of the 
outstanding factual presentations. He also expressed appreciation to the Chairman for his efforts to 
address the  issue. He reiterated his delegation's concern that, for some PTAs, the Secretariat had 
                                                
2 The points in this paragraph, made by the European Union at the 107th Session, are reflected in the 
minutes of this meeting at the request of the delegation of the European Union.  WT/COMTD/M/108  
 
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  been waiting for more than seven years for the information and data. He urged Members to 
participate in the exercise, and said that the  glaring lack of transparency contributed to the  
perception of a decreasing relevance of the WTO to some stakeholders.  
83. The Committee took note  of the Chairman's report , and of the interventions.  
H. REVIEW OF STEPS TAKEN TO PROVIDE DUT Y-FREE AND QUOTA -FREE MARKET ACCESS 
TO LEAST DEVELOPED C OUNTRIES  
84. The Chairman  said that an item concerning DFQF market access for LDCs had been on the 
CTD's agenda since early 2006. Under this item, delegations had provided information on the steps 
they were taking, or had already taken, to provide DFQF market access to LDCs. Writt en 
communications by some Members had also been considered. Since this was his last meeting as 
CTD Chair, he said that he wished to take the  opportunity to touch on the issue of the Secretariat 
report concerning  Members’ DFQF market access for LDCs, which was mandated by the Bali DFQF 
Decision to be prepared for the CTD’s annual DFQF review. As he had explained at the last meeting , 
divergent views existed among some Members on the scope and coverage of this report . For the 
past two years, i t had not been po ssible for the Secretariat to circulate the report for the CTD’s 
annual DFQF review. He said that he was mention ing this matter in order to inform the Committee 
that, since the last  meeting, he had reached out once again to some of the Members concerned wi th 
this debate – and had held some additional informal consultations in a bilateral setting – with the 
purpose of exploring what possibilities might exist to unblock the situation with regard to the 
Secretariat report . However, it appeared that for the tim e being, positions remained unchanged. He 
indicated  that he wished to encourage Members  – and in particular the Member s involved – to 
engage constructively on this matter, and to work with the new CTD Chair . He hoped that a 
Secretariat report  could  be prep ared for the CTD’s next annual DFQF review, which would  take place  
at the last CTD meeting of the year.  
85. The representative of Chad, on behalf of the LDC Group, said that market  access remained  
fundamental for LDCs . It was the necessary path for LDCs'  integration into international trade , as 
well as for  their economic development and the improvement of their social conditions. He thanked 
the developed and developing Members that provided LDCs with DFQF market access , and called on 
other Members to provide such market access in order to promote the integration of LDCs. He also 
noted that, as part of the implementation of the DFQF Decisions, technical  assistance was need ed 
to improve the utilization rate of the preferences granted. Furthermore , in order  to ensure real 
efficiency in implementation , it was necessary to know about the obstacles which prevented a full 
use of the preferences. The LDC Group wished  for a detailed analysis to be undertaken i n this regard, 
which would contribute to better remove the se obstacles, and to the integration of LDCs . 
86. The representative of Cambodia  expressed appreciation for the effort s made by Members to 
provide DFQF market access to LDCs, including to his country. Cambodia attached great importance 
to this tangible form of trade preference, which helped in boost ing economic growth, integrat ing into 
the multilateral trading system  (MTS) , and overcom ing poverty reduction . It was also a fundamental 
element in building trade capacity, and the economy as a whole. He expressed support for the 
statement by Chad and thanked Members – both developed and developing – for their efforts to 
assist LDCs to fully benefit from DFQF market access. His delegation would continue to wor k with 
the LDC Group and other Members in order to gain the maximum benefit from this trade preference. 
He called on Members to continue to support LDCs, and to work constructively towards the full 
implementation of the DFQF Decisions . 
87. The representative of Norway  said that some improve ments and expansions  had been made 
by Norway to its Generalized System of Preferences (GSP) scheme from 2019  onwards.  The details 
would be provided to the Committee once the notification was finalized . 
88. The representative of the European Union  said that she wished to express  her delegation's 
strong attachment  to the Hong Kong commitments . She said that the European Union had been a 
pioneer in providing DFQF market access to LDCs. European Union  imports from LDCs had increased 
by 10. 4% from 2017 to 2018 . In addition, while the LDC s' share in global trade represented les s 
than 1%, their share in the European Union 's imports amounted to 2.1%. She encouraged other 
Members, including developing countries , to make efforts to provide preferential market access to 
LDC exports.  WT/COMTD/M/108  
 
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  89. The representative of Sri Lanka  indicated  that she wished to raise a concern regarding  the 
rules of origin in the European Union 's GSP scheme , in particular in the context of bilateral 
cumulation and the withdrawal  of the United Kingdom  from the E uropean Union. She said that her 
delegation had already discussed the matter with the United Kingdom , and had been advised to also 
discuss  it with the European Commission. As part of h er explanation, s he outlined how materials  
from a member State of the European Union , which were processed in a GSP beneficiary country 
and then exported  back to a E uropean Union member State , could be considered as originating in 
the beneficiary country . The concern  related to whether such bilateral cumulation would continue to 
apply in the future for GSP beneficiary countries in their trade with the United Kingdom and the 
European Union member States . She gave the particular example of fabric from the U nited Kingdom , 
which was further processed in Sri Lanka and then exported to France. She said that she wished to 
flag this as a systemic issue, which would have far -reaching implications for many developing 
countries that were beneficiaries of the E uropean  Union's GSP scheme, including the GSP -plus sub -
scheme and the EBA  initiative.   
90. The representative of the United States  expressed appreciat ion for  the efforts by the Chairman 
and his predecessor to try to finalize the Secretariat report and find a solution  that was acceptable 
to all Members. He said that his delegation could continue to accept the compromise that it had 
previously accepted.    
91. The Committee took note of all interventions.  
I. WORK PROGRAMME ON EL ECTRONIC COMMERCE  
92. The Chairman  said that, in previous meetings , Members' attention had been drawn to the 
Decision taken at MC11  concerning the WTO's Work Programme on E -Commerce, which called for a 
continuation of the work under the Work Programme. He recalled that the CTD was one of the 
subsidiary b odies of the General Council mandated to undertake work under the Work Programme. 
Although t here were no specific proposals from Members to consider in the CTD , a number of 
delegations had indicated their interest in this area  at the last meeting . It had b een agreed that the 
item would remain on the agenda for the present  meeting.  
93. The representative of Chad, on behalf of the LDC Group , emphasized the need to pursue 
discussions under the Work Programme on E -Commerce  – taking  into account the economic, 
financial, and development needs of developing countries  – and to report on progress in this regard, 
including any recommendations for action. He noted that it was fundamental and pertinent to 
reinvigorate the Work Programme in order to take into account t he concrete challenges that LDCs 
faced in benefit ting economically from e -commerce . The LDC Group remained open and flexible to 
pursue work on this matter .    
94. The Chairman  proposed that the agenda item concerning the Work Programme on 
E-Commerce be maintai ned on the agenda for the next meeting . 
95. It was so agreed .  
J. OTHER BUSINESS  
96. The representative of Cambodia  appreciated the opportunity to express the views of her 
delegation regarding the European Union's imposition of an import duty on Indica rice originating in 
Cambodia. This imposition followed a determination in a domestic proceeding in the European Union 
to withdraw tariff preferences for these products under the European Union’s GSP programme. 
Previously, imports of Indica rice from Cambodia benefited from duty -free access to the European 
Union market under the GSP programme. However, on 16 January 2019, t he European Union 
adopted Regulation 2019/67, through which it withdrew duty -free treatment for Indica rice and 
imposed a duty of €175 per tonne, which was a high duty of applied and bound rates of the European 
Union. She expressed her delegation's disappo intment with the European Union's decision to adopt 
this measure. This was a situation of the highest concern to Cambodia, given the importance of the 
rice industry in the development of Cambodia’s economy. Her delegation understood that the reason 
for the  imposition of the measure was the ostensible surge of imports of Indica rice from Cambodia 
in the European Union market. In her delegation's view, this measure was not a safeguard measure WT/COMTD/M/108  
 
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  within the meaning of the WTO Safeguards Agreement. In addition, th e measure appeared to be 
inconsistent with the most -favoured -nation (MFN) obligation under the GATT 1994.  
97. She went to say that t he European Union's decision seemed to be at odds with the overall 
objective of its GSP programme and of the Enabling Clause, which was to promote the economic 
development of developing countries, in particular LDCs, and to facilitate their integration into 
international trade. In her delegation's view, the E uropean Union’s withdrawal of  duty-free access 
to Indica rice from Cambodia was based on the need to protect the E uropean Union's domestic 
industry, and undermined the general requirement of the Enabling Clause that tariff preferences in 
favour of developing countries should not be gr anted in a discriminatory manner. Moreover, the 
measure seemed contrary to the E uropean Union's policies of encouraging LDCs to graduate early 
and to reach the 2030 Sustainable Development Goals. By imposing an import duty of €175 per 
tonne on Indica rice from Cambodia, but not on the same product from other similarly -situated 
developing countries, the E uropean Union was effectively placing Cambodia’s rice exports at a 
competitive disadvantage compared to rice exports that would enjoy duty -free access under  the 
European Union's GSP scheme. This adversely affected the competitiveness of Cambodia’s Indica 
rice in the European Union  market. In light of the serious difficulties caus ed to its rice exports to the 
European Union  by the measure, and in accordance wi th paragraph 4(b) of the Enabling Clause, 
Cambodia hereby requested the CTD to hold consultations with the E uropean Union, Cambodia, and 
any other Member concerned by this matter, with a view to reaching a satisfactory solution to this 
situation. Her deleg ation looked forward to hearing suggestions from the CTD Chair on the manner 
in which these consultations between the CTD, Cambodia, the E uropean Union, and other concerned 
Members would take place.  
98. The representative of the European Union  noted that it wa s not appropriate to have a 
substantive discussion under "Other Business", and in this light requested the indulgence of the 
Chairman to make a few remarks. She thanked Cambodia for the intervention made , which she 
hoped would also be conveyed in writing t o her delegation . She said that this was a bilateral issue, 
and was very much part of the E uropean Union 's GSP regulation 978/2012, which ha d been 
appropriately notified to th e CTD . The GSP rules on safeguard investigations provide d for ample and 
adequate room for dialogue with the countries concerned by the investigation – in this case, 
Cambodia and Myanmar . In accordance with the GSP rules, the issue ha d been subject to numerous 
bilateral exchanges – before , during and after the investigation.  She indicat ed that she would not 
go into any further details at this point, but could do so i f the issue were to be raised as an agenda 
item.     
99. The Chairman  said that, according to the rules of procedure, it was not possible to engage in 
substan tive debate  or adopt any decisions under "Other Business". He requested delegations to keep 
this in mind, and acknowledge d the request by the European Union for indulgence  in this regard . 
100.  The representative of China  requested the floor and started to deliver a statem ent to express 
support for Cambodia on the matter it had raised. However, the Chairman  intervened and indicated  
that Members could not engage in substantive debate or come to any conclusions under "Other 
Business". The agenda item was mainly for informatio nal purposes. He requested Members to take 
this into account.  
101.  The Chairman  noted that a representative of the UN Economic  Commission for Europe 
(UNECE), which had observer status in the CTD, was requesting the floor. He assumed that this was 
for informatio nal purposes.     
102.  The representative of the UNECE  said that he wished to inform the Committee, on behalf of 
the joint UN Regional Commission 's approach to trade facilitation, that the Third Global Survey on 
Digital and Sustainable Trade Facilitation  had been launched . In previous years, the initiative was 
known as the Global Survey on Trade Facilitation and Paperless Trade Implementation.  The results 
of the new s urvey would be presented at the Aid for Trade Global Review, which would be held from 
3 to 5 July 2019 at the WTO.   
103.  The Chairman  said that he wished to make a brief intervention concerning a regular update 
to a statistical paper prepared for the CTD by the Secretariat on the participation of developing 
economies in the global trading system. T his paper had been prepared over the years in the context 
of the CTD’s mandate to keep under continuous review the participation of developing country WT/COMTD/M/108  
 
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  Members in the MTS. It had  been the CTD's practice to hold a discussion on this subject every two 
years o r so, at which time the paper was updated to assist Members in their discussion. The previous  
discussion by the CTD on this subject had taken place in November 2017, and another update to the 
Secretariat paper contained in document WT/COMTD/W/230 was due. He had accordingly instructed 
the Secretariat to proceed with the preparation of an update for a discussion at the last meeting of 
2019. He also invite d Members that had any additional suggestions for the updated document to 
contact the Chairman or the Sec retariat by the end of May 2019. After this time, the Secretariat 
would begin work on the update.         
K. ELECTION OF THE CHAIRPERSON O F THE SUB-COMMITTEE ON LEAST DEVELOPED 
COUNTRIES  
104.  The Chairman  said that, on the basis of  consultations, he wished to put forward the name of 
Ambassador Monique Van Daalen of the Netherlands to serve for another year as the Chairperson 
of the Sub -Committee on LDCs.   
105.  The Committee elected  Ambassador Van Daalen as the Chairperson of the Sub -Comm ittee on 
LDCs for 2019 . 
L. ELECTION OF THE CHAIRPERSON O F THE COMMITTEE ON T RADE AND DEVELOPMENT  
106.  The Committee was informed that, at the General Council meeting of 28 February 2019, the 
names of the WTO Chairpersons for 2019 had been announced, including that  of 
Ambassador  Chad Blackman of Barbados as Chairman of the CTD for 2019. The Committee was 
invited to formally elect Ambassador Blackman.  
107.  The Committee elected  Ambassador Blackman as the Chairman of the CTD for 2019.  
108.  The Chairman  thanked Members for the c onfidence they had placed in him by electing him 
Chairman of the CTD , and also thanked the outgoing Chairman for steering the Committee over the 
past year . He said that, as the focal point for the consideration and coordination of work on 
development in th e WTO, the CTD played an important role. He assured Members of his intention to 
work closely with them on the various areas of the CTD's work .3  
109.  Several delegations took the floor to welcome the election of the new Chairman, and to 
express appreciation for  the work of the outgoing Chairman. Interventions in this regard were made 
by the representatives of  Chad on behalf of the LDC Group , Cameroon , China , the European Union , 
Mexico , Norway , the Russia n Federation , South Africa  and the  United States . 
M. DATE OF THE NEXT MEETING  
110.  The Chairman  said that the next meeting of the CTD Regular Session was tentatively scheduled 
to be held on Wednesday, 19 June 2019. An initial agenda would be circulated four weeks before 
the meeting, on 22 May 2019, as per the CTD's rules  of procedure. After the circulation of this initial 
meeting notice, Members would still have the opportunity to request items on the agenda for the 
meeting. The agenda would close on 6 June 2019, and would be circulated on 7 June 2019.  
111.  The meeting was adjourned . 
 
__________  
                                                
3 The newly elected Chairman, Ambassador Blackman, was unable to be present  at the meeting. His 
interventions reflected under this item, and the next item, were delivered in a pre -recorded video message. 
The outgoing Chairman, Ambassador Aulestia, conducted the proceedings under these two items at the request 
of, and on behalf of , the new Chairman. Before closing the meeting, Ambassador Aulestia made a brief 
statement to express his appreciation to Members for their commitment to the work of the CTD, and to the 
Secretariat for the support .