RESTRICTED  
  
WT/GC/M/207  
 
12 December  2023 
(23-8488) Page: 1/48 
General Council  
1 November 2023    
 
  
MINUTES OF THE MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD AND IN VIRTUAL FORMAT  
ON 1 NOVEMBER  2023 
Chairperson: H.E. Dr.  Athaliah Lesiba Molokomme  (Botswana)  
The Chairperson and the Director -General bade farewell to Ambassador Maimuna Tarishi, Permanent 
Representative of the United Republic of Tanzania, and thanked her for her active contributions and 
dedication to the Organization.  
 
Subjects discussed1: 
1   REPORT BY THE CH AIRPERSON OF THE TRADE NEGOTIATIONS COMMITTEE 
AND REPORT BY THE DIRECTOR -GENERAL  ................................ ................................ ....... 2 
2   FOLLOW -UP TO OUTCOMES OF MINISTERIAL CONFERENCES  ................................ ...... 3 
A. MC12 - WTO Reform  ................................ ................................ ................................ ... 3 
(i) Statement by the Chairperson  ................................ ................................ .....................  3 
B. MC12 - Work Programme on Electronic Commerce  ................................ .......................  19 
(i)  Report by the Facilitator  ................................ ................................ ............................  19 
(ii) Reinvigoration of the Work Programme on E -Commerce - Promoting Competition in 
E-Commerce - Communication from India and South Africa  ................................ ....................  19 
C. MC12 - Paragraph 8 of the Ministerial Decision on the TRIPS Agreement – Duration 
of Extended Deadline  ................................ ................................ ................................ ........  31 
D. Buenos Aires (MC11), Nairobi (MC10) and Bali (MC9)  ................................ ...................  31 
3   WORK PROGRAMME ON SMALL ECO NOMIES – REPORT BY THE CHAIRPERSON 
OF THE DEDICATED SESSION OF THE COMMITTEE ON TRADE AND DEVELOPMENT  ........  34 
4   COMMITTEE ON BUDGET, FINANCE AND ADMINISTRATION – REPORTS ON  
MEETINGS OF JUNE, JULY AND SEPTEMBER 2023  ................................ ..........................  38 
5   OTHER BUSINESS  ................................ ................................ ................................ ...... 40 
5.1   European Deforestation Re gulation EUDR – Request by Honduras, on behalf of 
Argentina; Bolivia; Brazil; Colombia, Dominican Republic, Guatemala, Honduras, Mexico, 
Panama, Paraguay and Peru  ................................ ................................ ...............................  40 
5.2   Statement by the Chairperson in connection with Administrative Measures for 
Members in Arrears  ................................ ................................ ................................ ...........  43 
ANNEX  - WRITTEN STATEMENTS BY THE DELEGATION OF INDIA – SUBSEQUENTLY 
SUBMITTED FOR INCLUSION IN THE RECORDS IN ADDITION TO THE ORAL 
STATEMENTS  ................................ ................................ ................................ ..................  45 
  
 
1 The proposed agenda was circulated in document WT/GC/W/904 . WT/GC/M/207  
 
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  1  REPORT BY THE CHAIRPERSON OF THE TRADE NEGOTIATIONS COMMITTEE AND 
REPORT BY THE DIRECTOR -GENERAL  
1.1.  Under the first item "Report by the Chairperson of the Trade Negotiations Committee and report 
by the Director -General",  the Chairperson  invited  the Director -General as Chai rperson of the TNC to 
provide her report since the last report to the General Council – and, in particular, in light of the 
recent  Senior Officials' meeting.  
1.2.  The Director -General and Chairperson of the Trade Negotiations Committee  delivered the 
following r eport2: 
1.3.  Since the July General Council, I held various consultations with Members in September in 
various configurations to finalize preparations for the SOM which in effect substituted for the regular 
TNC – that is, consultations on agenda and structure.  Chairperson, you, and I then convened an 
Informal HODs on 10 October to finalize the agenda and structure after which we transmitted the 
SOM modalities including specific questions to be addressed as put forward by the Chairs as well as 
a State of Play re port on follow -up to MC12 work to capitals on 11 October. Our statements from 
the informal HoDs, together with the reports of the Chairs were circulated as JOB/GC/360 – 
JOB/TNC/115 . 
1.4.  Following this, just last week, on 23 and 24 October, we successfully held th e meeting of all 
WTO Senior Officials – the fourth station of our MC13 roadmap – but the first of such nature. As I 
said in my concluding remarks, while I was not sure how things would unfold when the meeting 
started, my overall impression of the SOM was a  very positive one. Senior Officials had a good series 
of discussions and candid exchanges in the breakout groups, plenaries, bilaterals and meetings in a 
range of configurations, all in good spirit and with a positive atmosphere.  
1.5.  The feedback I have rece ived from many Ambassadors and Senior Officials themselves was 
very encouraging. While most of you might still be tired from the SOM itself and the intense weeks 
leading up to it – it was worth the effort. Let me therefore reiterate my sincere thanks to al l Senior 
Officials and you, Ambassadors, Permanent Representatives, and delegates. It is your preparatory 
work before the SOM, including with your Senior Officials and capitals, and your constructive attitude 
and engagement that allowed us to receive the p olitical guidance and support we sought to advance 
our work to ensure a successful MC13. I also want to add thanks to Secretariat staff for their strong 
support during this period.  
1.6.  I will not repeat what was said in the SOM given that you heard everything first -hand. As we 
promised, our Chairpersons' Summary was distributed to all Senior Officials and delegates during 
the closing plenary. Certain concerns were raised by some Members mainly from the Latin American 
region but also from India regarding aspects of the agriculture text. To take account of these, I 
invited those interested, to stay in the room and work on the relevant sections. We did the drafting 
right here at the podium. The Chairpersons' summary that was later circulated that evening reflected 
the adjustments made to one paragraph of the agriculture section.  
1.7.  To ensure full transparency and ease of reference for all delegations, I requested the 
Secretariat to annex all of  the Facilitators reports to our Chairperson's summary, even though they 
had already been circulated as a JOB/GC -TNC document. A revision of the Chairpersons' summary 
was therefore issued on Saturday as WT/GC/259/Rev.1 – TN/C/22/Rev.1 . I hope this clarifies any 
questions anyone might have about why a revision was issued.  
1.8.  Excellencies, after the SOM, I went straight to the G7 Trade Ministers' meeting in Osaka. Some 
of the Ambassadors were there as well such as Ambassador Maria Pagan (United States) a nd 
Ambassador Brajendra Navnit (India). This was the first meeting of some Trade Ministers after the 
SOM. It was another fruitful meeting. I would like to congratulate the host – Japan – for organizing 
such a substantive and constructive meeting also with the participation of Trade Ministers from a 
number of developing countries who were invited.  
1.9.  I briefed the G7 plus Ministers about the results of the SOM. They were pleased and it was 
heartening to hear the Ministers strongly reiterate the calls we had jus t heard at the SOM for us to 
 
2 The Director -General's statement was subsequently circulated in document JOB/GC/366 . WT/GC/M/207  
 
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  work for concrete outcomes and a successful MC13. I want to share with you, and you can see from 
the Communiqué from the G7 Trade Ministers Meeting, that a lot of the attention including a separate 
session towards the end at wh ich I sat with the Trade Ministers, was devoted to the issue of the 
WTO and MC13. It is heartening to see the kind of leadership exhibited by the G7 Trade Ministers. I 
thank Japan for being an excellent host. All of them seem desirous to have a successful MC13. While 
they acknowledge that differences remain in several areas and have to be resolved, they also 
acknowledged that the SOM has moved us towards a positive direction towards resolving these 
issues. I came away from this meeting with some hope but al so with a bit of trepidation for the work 
ahead and for how we will resolve these existing differences in the various tracks.  
1.10.   So, excellencies our work is cut out for us. With about four months to MC13, every day must 
count to effectively utilize the poli tical guidance and support we sought and got from Senior Officials 
and Ministers to substantially advance our work towards concrete results at MC13. We therefore 
must intensify efforts in negotiating groups and regular bodies and amongst yourselves. As TNC  
Chairperson and Director -General, I will also intensify efforts in reaching out to Members in bilateral, 
regional and other configurations in order for us to move the work in a positive direction.  
1.11.   Further to this, during the Closing Session, the GC Chair person and I heard your call to use 
the time after this formal meeting to talk about the process ahead and how we can structure that. I 
look forward to hearing your ideas, including how we can make the instructions and directions from 
Senior Officials work  successfully – how we can spend time to resolve issues among each other 
instead of reading statements – to achieve a successful MC13.  
1.12.   Excellencies, I will conclude my report by reiterating my message during the opening session 
of the SOM. In all that we do, we must keep the global outlook in mind. And that global outlook is 
not promising – it is dire at the moment. During these kinds of global situations, what I said at the 
SOM is what I will say here now – people are looking at multilateral organizations  to act differently, 
to deliver differently and to show the world that there are still bastions where multilateral cooperation 
can deliver for people. I implore you to work in that spirit so that we end up with a positive MC13. 
Let us work here in Geneva t o try and finish as much work as possible before MC13 so that our 
Ministers can spend less time trying to negotiate and more time to engage with each other and 
gavelling in what has already been decided. I hope we will justify the faith that they have in u s. 
Thank you for your work. Thank you trying to build bridges. Let us work with the END in sight – 
Engage, Negotiate, Deliver.  
1.13.   In light of  the Informal TNC and the Informal HODs on 10 October and the recent  Senior 
Officials' meeting, the Chairperson  noted that she did  not expect a discussion under this item.  
1.14.   The General Council took note of the report of the Director -General.  
2  FOLLOW -UP TO OUTCOMES OF MINISTERIAL CONFERENCES  
2.1.  The Chairperson  said that i tem 2 relate d to "Follow -up to Outcomes of Ministerial C onferences"  
– with sub-items 2.A. to 2.C. relating  to the follow -up to MC12, while sub -item 2.D. referring to the 
follow -up of previous Ministerial Conferences.  
A. MC12 - WTO Reform  
(i) Statement by the Chairperson  
2.2.  The Chairperson  delivered the following statement3: 
2.3.  Since my report to the General Council in July, work on WTO  reform has continued. Delegations 
will recall that we had an Informal Meeting on WTO Reform focused on Trade and Industrial Policy 
on 25 -26 September. My statement, those of the Direc tor-General and the Facilitators' reports were 
circulated in JOB/GC/356 . We also had deliberative sessions on this subject and on Trade and 
Environmental Sustainability at last week's Senior Officials' meeting (SOM).  
 
3 The Chairperson's statement was subsequently circulated in document  JOB/GC/367 . WT/GC/M/207  
 
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  2.4.  Reform -by-doing work has also continued to advance in WTO bodies. An updat ed report was 
circulated ahead of the SOM in JOB/GC/359/Rev.1 . You may recall that at the Closing Plenary, Senior 
Officials were pleased to note that a significant and credible reform -by-doing package was emerging 
– which should be acknowledged a nd blessed by Ministers at MC13.  
2.5.  Let me also recall the section on WTO reform in the State -of-Play report on follow -up work 
from MC124 circulated also prior to the SOM.  
2.6.  Colleagues, WTO reform evidently remains a top priority among the WTO membership – a 
message reinforced by Senior Officials last week. This is reflected in ongoing work on many fronts – 
from Dispute Settlement reform, development discussions, institutional reforms to reform by doing 
efforts in WTO bodies. Views were likewise expressed on t he two deliberative topics at the SOM – 
trade and industrial policy and trade and environmental sustainability.  
2.7.  We also heard from a number of Senior Officials growing interest on trade and inclusion.  
2.8.  We have also heard from Senior Officials and from Perm anent Representatives a growing call 
to ensure that MC13 is a reform Ministerial. In this regard, suggestions were made on (i) structuring 
MC13 in a manner that enables Ministers to have productive interactions with each other, and to 
take decisions instea d of negotiating; (ii) structuring an outcome document reflective of a reforming 
WTO in both form and substance; and (iii) laying a solid foundation in our work in Geneva that would 
allow this to happen in Abu Dhabi – including through appointing facilitat ors, having forward -looking 
work plans and facilitating Members' effective participation in the entire process.  
2.9.  Colleagues, as we approach the final stations of our MC13 Roadmap, we need to be mindful of 
the numerous tasks ahead of us and the limited time we have to accomplish them.  
2.10.   I do not expect any discussion on these matters this morning – but I hope to have interactive, 
focused discussions on the way ahead during this afternoon's Informal GC meeting – with all of these 
considerations in mind. Your inputs will enable us to find the most effective way to collectively 
advance our reform work and have the reform Ministerial that many aspire to – marked by 
meaningful delivery and productive Ministerial engagement.  
2.11.   Let me now take up sub -item 2.C. re lated to "Paragraph 8 of the Ministerial Decision on the 
TRIPS Agreement – Duration of Extended Deadline." At MC12, Ministers decided that "No later than 
six months from the date of this Decision, Members will decide on its extension to cover the 
productio n and supply of COVID -19 diagnostics and therapeutics."  
2.12.   At the March General Council meeting, a common understanding had emerged - namely:  
i. the issue of the duration of the deadline will remain on the General Council agenda;  
ii. that Members will provide an up date on where they stand on their internal processes; 
and  
iii. that substantive discussions will continue in the TRIPS Council.  
2.13.   I understand that Members have continued their discussions on the substance of paragraph  8 
of the TRIPS Decision in the TRIPS Counci l. 
2.14.   The Chairperson  noted that she did not expect any discussion on these matters at that point  
but looked forward to interactive, focused discussions on the way ahead during this Informal GC 
meeting  later that day . She further said that, therefore, any i nterventions on WTO reform should 
focus only on relevant updates since the discussions held at the Senior Officials' meeting .  
 
4 JOB/GC/357 - JOB/TNC/113  WT/GC/M/207  
 
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  2.15.   The representative of Cameroon , on behalf of the African Group , delivered the following 
statement:  
2.16.   The African Group perspective on  WTO reform is contained in document WT/GC/W/895  titled 
"A development Perspective on Institutional Reforms of the World Trade Organization" ; "The African 
Ministers of Trade Declaration on WTO Issues " in document  WT/MIN(22)/10 ; and the j oint 
communication titled  "Strengthening the WTO to Promote Development and Inclusivity " in document 
WT/GC/W/778/Rev.5 . Our document WT/GC/W/895  outlines essential principles for ongoing 
institutional reforms at the WTO , including preserving consensus decision -making, maintaining a 
Member -driven approach, giving the General Council a central role in discussions and oversight of 
reforms affecting Member rights and obligations, considering capacity constraints in developin g 
countries including LDCs, respecting specific mandates of WTO bodies, and strengthening special 
and differential treatment (SDT).  
2.17.   The African Group agrees with some administrative proposals that have been made, such as 
document circulation, agenda format s, meeting records, early distribution of post -meeting reports, 
better coordination among WTO bodies, meeting scheduling, digital tools, and capacity building. 
However, there are suggestions that contradict our principles.  WTO body agendas must include 
mandates and outcomes of Ministerial Conferences as standing items for monitoring and 
accountability. Agenda -setting should consider the interests of developing countries including LDCs, 
and WTO bodies must have clear and well -defined mandates to enhance thei r relevance and 
alignment with Member priorities.  Negotiations, whether in the General Council, TNC, subsidiary 
bodies, or informal meetings, should be Member -driven, inclusive, and transparent. The use of 
informal engagement methods should avoid exclusion ary practices. We propose a set of standards 
and principles to guide activities before and during Ministerial Conferences. Streamlining TNC and 
Heads of Delegations meetings is essential for efficiency, particularly in mandated negotiations.  
2.18.   We stress that  the conduct of WTO body Chairpersons , the Secretariat, and interactions with 
external stakeholders must adhere to the Member -driven character outlined in existing rules and the 
Marrakesh Agreement. Regarding intergovernmental and international organizatio ns and the private 
sector, current interaction modes like observer status, thematic sessions, and the WTO Public Forum 
are sufficient but should be improved for balanced views.  These principles have become increasingly 
relevant given the trend toward infor malization of WTO processes which poses great risks to less 
resourced delegations. Finally, we recommend establishing a working group reporting to the General 
Council to focus on institutional reforms, ensuring coherence and horizontal oversight, acting as  a 
filter between subsidiary bodies and the General Council as needed.  
2.19.   On item 2.C., the African  Group remains disappointed that WTO members missed the deadline 
of 17 December 2022 which was set by Ministers during MC12 to conclude negotiations on the 
extension of the MC12 TRIPS decision to cover the production and supply of diagnostics and 
therapeutics. This clearly indicates the lack of commitment of WTO to adhere to the promises and 
directives of Ministers. The failure of this Organization to timely addr ess critical issues such as this, 
transcends negative energy to other areas of WTO work. The African Group showed great flexibility 
in agreeing to the extension of six months to continue negotiations. This was done in good faith to 
accommodate the appeal f rom some Members who asked for domestic consultations. The intention 
was never to allow a handful of delegations to delay delivering on the Ministerial mandate.  At the 
General Council  meeting in December 2023 , we will have missed the deadline set by Ministers at 
MC12 by a full year. To salvage any credibility on this issue , we must take a decision by no later 
than the December General Council meeting . 
2.20.   The representative of Antigua and Barbuda , on behalf of the OECS , delivered the following 
statement:  
2.21.   We also align with the statements by the ACP and CARICOM Groups. Let me also congratulate 
you Ambassador Molokomme, the Director -General and the Secretariat for the successful staging of 
the Senior Officials Meeting  last week.  As per your guidance in the annotated agenda, we will 
comment on items 2.A and 2.C respectively. With respect to WTO reform, like several other 
Members, we agree that MC13 can be classified as the "Reform " Ministerial. However, to be able to 
deliver on meaningful reforms at MC13, there are a few things that we believe need to be done as 
soon as possible. First, we reiterate our position that the deliberative track can benefit from a 
dedicated corridor or facilitator -led process. We have seen how  such an approach has delivered 
measurable progress on the e -commerce front. Ad -hoc informal workshops and restricted WT/GC/M/207  
 
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  discussions in the General Council will not allow for the issues to achieve a sufficient level of maturity 
for Ministers to deliberate on or take decisions in a substantive manner. Even in areas such as trade 
and environmental sustainability and trade and industrial policy, which are no doubt important to 
my delegation, it would be unfair to present options to Ministers which have not had th e benefit of 
thorough engagement by Geneva Delegates.  
2.22.   Regarding "reform by doing ", we take note of the very meaningful work which is taking place 
at the level of the WTO Bodies. The Council for Trade in Goods and its subsidiary bodies appear to 
be setting  the standards by which we should measure the WTO 's conduct and management of 
meetings and processes. We particularly want to thank the Secretariat for its very useful update in 
Document 359 and we register our support for this kind of update to be made av ailable to Members 
ahead of every regular session of the General Council at least until MC13. Regarding the TRIPS 
Waiver for COVID -19 therapeutics and diagnostics, we renew our call for a constructive approach 
and for an outcome which is fair and balanced.  While the virus is no longer at the pandemic stage, 
it is still impacting the public health and economies of many countries. Many developing Members 
are interested in a waiver for therapeutics and diagnostics, akin to the vaccine waiver. We align with 
these interests.  
2.23.   The representative of Djibouti , on behalf of the LDC Group , delivered the following statement:  
2.24.   Thank you for your report on the update you have received on the reform of the functioning 
of the committees and councils. The LDC Group supports t hese improvements, particularly those 
stemming from its submission JOB/GC/223/Rev.1 . These include the use of annotated agendas, 
expediting the drafting of reports, mechanisms to prevent important meetings from overlapping, 
summary notes on the day of meetings and translations provided for all informal meetings.  To 
complement the work carried out, we suggest that consideration be given to some improvements to 
the reform process. For example, future proposals for adoption that are of a cross -cutting natu re 
and have an impact on LDC participation should be sent to the General Council for discussion and 
decision. All LDCs and small delegations are present in the General Council. LDCs are best placed to 
assess the impact of reform by making proposals concern ing their participation in the WTO.  
2.25.   As an additional step, some recent adoptions could be viewed as applying on a trial or pilot 
basis, as was the case for the e -agenda proposal, which is reflected in the report on the state of 
play. We can gauge the impac t on the LDC Group and on LDCs in particular.  We also believe that, 
while some steps have been taken, more efforts need to be made to prevent meetings from 
overlapping. There were a number of clashes over the past three months that posed serious 
challenges  for LDCs. Lastly, while useful in some cases, the "written procedure " and the circulation 
of proposals for adoption during the summer break should be avoided.  With regard to item 2.C., t he 
LDC Group, as a co -sponsor of the initiative that led to the Ministerial Decision on the TRIPS 
Agreement, calls on Members to continue to engage constructively to find consensus by MC13 on 
the inclusion of therapeutics and diagnostics in the Decision.  
2.26.   The representative of Guyana , on behalf of CARICOM , delivered the  following statement:  
2.27.   We associate ourselves with the statement delivered on behalf of the  ACP Group.  We would 
like to place on record our appreciation for the opportunity afforded  to Senior  Officials  to engage  with 
each other,  as we work towards agreeing to a meaningful outcome before and at MC13.  On WTO 
reform, w e support reforms being premised on the principles of inclusivity, transparency and 
development, preserving the Member -driven nature of the  WTO and taking into account the capacity 
constraints of developing countries,  many  of whom  are unable  to actively  engage  in the plethora  of 
meetings and processes. It would be helpful if a central repository is created  to allow states to track 
these developments.  Decisions  should  be submitted  to the General  Council  for approval  prior to 
institution.  
2.28.   On the TRIPS Waiver  Extension , the CARICOM Group calls for meaningful, constructive, and 
fair negotiations on Paragraph 8 of the MC12 Decision on the TRIPS Agreement.  One of the biggest 
challenges faced by CARICOM during the pandemic was the limited traditional sources of supply of 
vaccines, therapeutics, diagnostics,  personal  protection  equipment  and other  relevant  goods.  We 
support calls for evidence -based discussions and decision -making, and the  evidence  is there;  the 
pandemic  is far from over, and while we debate these issues, lives and livelihoods are still being lost 
and disrupted on account of the  pandemic.  Therefore,  the CARICOM Group believes that favourable  WT/GC/M/207  
 
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  consideration should be given for a waiver of certain aspects of  the TRIPS  agreement  to cover  the 
production  and supply of COVID -19 diagnostics and therapeutics.  In closing, we reiterate the 
importance of the principles of transparency and inclusivity throughout our work. Please be assured 
of CARICOM's continued commitment to this process, in collaborating with you and M embers to 
achieve meaningful outcomes before and at MC13.  
2.29.   The representative of Samoa , on behalf of the ACP Group , delivered the following statement:  
2.30.   We commend the various bodies on the reform approaches to the functioning of the 
committee process.  We wish to add to the record  that while these  reforms  are well received, at  the 
same  time, the improvements  should  be considered  in the General Council  as we prepare  to present  
the success  of this dossier  to Ministers at MC13.  The General Council acts as a clearing house for 
proposals. In this regard, we would like to receive a comprehensive update from the Secretariat on 
reform measures to be presented at the General Council  first for the consideration and endorsement 
of Member s before Ministers.  Proposals for adoption that may have an impact on small delegations 
and LDCs must be well debated  on all angles  of the proposal.  Given  the capacity constraints for our 
delegations to attend all of the  subsidiary bodies and  councils,  those issues  requiring  adoption  should  
be presented  at the General Council where all delegations attend.  The implications, if any, for those 
changes should be identified and addressed.  
2.31.   For example,  we see in the update  to JOB/GC/359/Rev.1  in footnote  5, that among the 
adoptions, one proposal that was adopted changed the longstanding 10 -day rule to 15 days before 
the meeting to put an item on  the agenda.  This issue has different  sides to weigh.  On the one hand, 
we will benefit  from seeing  the item on the agenda  sooner.  On the other hand, small delegations have 
less time to prepare and put an item on the  agenda.  We understand  the idea came  about  for purposes  
of specific trade concerns but will apply generally.  The state of play also indicated  that the proposal  
on e-agenda  will apply on a trial basis. The General Council should consider which issues that require 
adoption may need to be implemented on a trial basis to allow us to evaluate any impact on small 
delegations and group representatives.  With regard to item 2.C., t he ACP Group  supports  the 
extension  of the paragraph  8-period.  The ACP Group also supports expeditious resolution of the 
matter to include diagnostics and therapeutics to the MC12 TRIPS Waiver.  
2.32.   The representative of Fiji, on behalf of the Pacific Group , delivered  the following statement:  
2.33.   The Pacific Group aligns itself with the ACP Group statement. We commend the work on 
WTO reform -by-doing exercise in the WTO bodies and reiterate the request that was made at the 
SOM whereby we would welcome a dedicated briefing b y the Secretariat to update us on this issue. 
On the TRIPS waiver, we note further consultations on this matter and support the efforts to extend 
the decision to therapeutics and diagnostics by MC13.  
2.34.   In national capacity, WTO reform remains a priority for Fiji with the view of ensuring that 
WTO serves all Members irrespective of the size of their economies or their delegations in Geneva. 
We remain committed to fulfilling the mandate of our Ministers in reviewing both the operational 
and the substantive func tions of the WTO through meaningful reforms. Our Senior Officials have 
also alluded to the significance of this issue clearly last week. The coordinated approach to better 
harmonize the 'reform by doing ' in document JOB/GC/345  is appreciated, it enhances transparency 
and is also an ideal reference document  especially for small delegations to keep in pace with the 
state of play in the Councils and Committees. It is critical however that reform proposals are 
presented to the  General Council for endorsement before the consideration of our Ministers.  
2.35.   In saying this, we are equally appreciative of the state -of-play documents prepared by the 
Secretariat such as in JOB/GC/357  which is informative and forms a basis for horizontal 
understanding of the work ongoing in various committees – of great assistance to small delegations. 
This should be updated on a quarterly basis and need not only be meant for special occasions.   
2.36.   In relation to item 2C, we remain concerned about countries tha t are well below the global 
average in their vaccination coverage including in the Pacific. The reason varies for each country, 
however, we are aware that WHO is working closely with regional and national health officials to 
extend vaccination coverage des pite the easing Covid 19 situation. An extension of the TRIPS waiver 
period could go a long way as one of the solutions in ensuring the unreached are covered. WT/GC/M/207  
 
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  Additionally, it will be useful to be guided by science including the advice of WHO on any approa ch 
to withhold the extension period.  
2.37.   As we are only a few months away from MC13 we remain concerned about the inability to 
reach a resolution to extend the TRIPS Waiver to include diagnostics and therapeutics. Any extension 
to include these two items in o ur view directly contributes to equitable health coverage and global 
solidarity toward the right to hea lth. It is equally important to look beyond COVID -19 and prepare 
for future public health emergencies where the WTO can play an instrumental role and est ablish 
appropriate precedence. Fiji aligns  its statement with that of the ACP and Pacific Group s. 
2.38.   The representative of Nigeria  delivered the following statement:  
2.39.   Nigeria would like to congratulate the Director -General, the GC Chair person , Members and 
the Secretariat for the good conduct of the Senior Officials ' meeting, particularly the outcome of that 
meeting which signified a signal for a successful MC13.  On item 2 .A, we associate ourselves with the 
statement delivered by the African Group and reaffirm o ur commitment and position with regard to 
WTO reform, both the reform on the DSU as well as the institutional reform.  
2.40.   With regard to Item 2 .C, we wish to associate ourselves with the statement by the African 
Group and the statement delivered on behalf of t he 65 co -sponsors.  The current TRIPS Waiver 
decision is of limited scope as it covers only vaccines. In line with paragraph 8 of the Ministerial 
Decision, we believe it is of critical importance that we work collectively towards extending the 
decision to c over the production and supply of COVID -19 therapeutics and diagnostics.  Nigeria 
supports the extension of the paragraph 8 -period. We call on Members to continue to engage 
constructively on this issue , so we can collectively deliver on the paragraph 8 mand ate. This would 
foster the ramping up of production and ensure timely access to these lifesaving products for 
developing countries.  
2.41.   The representative of Mauritius  delivered the following statement:  
2.42.   Mauritius would like to thank you for your statement on the reforms processes – 'Reform by 
Doing ' and we note that the reforms are generally well received. We continue to remain engaged 
and we foresee that we can present a good package on reforms to Minist ers at MC13 for adoption.  
Mauritius believes that achieving significant progress for the WTO through a proper set of agreed 
reforms matched with the commitment of WTO Members in working towards re -establishing a fully 
functioning dispute settlement mechani sm, will massively change the operations and deliverables  of 
our organization, as this  will undoubtedly help in renewing trust and predictability in the multilateral 
trading system.  
2.43.   A fair and independent dispute settlement mechanism is a critical pillar of any international 
agreement, especially one as significant as the WTO and we call for the reinsertion of the two -tire 
WTO dispute settlement mechanism, with a renewed accessibility for African and smaller states . We 
also firmly believe that while we dis cuss reforms, the development aspects of the reforms be given 
priority as this will promote the participation of the small delegations in the multilateral trade system.  
We welcome the active participation of Members in the reform ongoing discussions toward s achieving 
concrete and substantive outcomes at the MC13.  
2.44.   The representative of Jamaica  delivered the following statement:  
2.45.   The reform agenda should, unfailingly, seek to (i) secure the WTO 's relevance in a rapidly 
evolving global trading environment, (ii) support the development agendas of developing countries, 
and (iii) effectively consider the kaleidoscopic nature of the WTO 's membership, especially those 
members with limitations based on capacity, geography, size and economic strength.  With that said, 
Jamaica remains optimistic that MC13 could be the "Reform Ministerial ". However, this necessitates 
an inclusive and transparent process, facilitating the views of all WTO Members. For us, WTO reform 
includes a comprehensive and holistic undertaking, includ ing reform of the dispute settlement 
system as well as the institutional, deliberative and decision -making functions of the Organization. 
Notwithstanding the reference in the Chairpersons ' Report from the Senior Officials meeting (SOM) 
on the "overwhelming ly, strong support for the informal process ", we reiterate calls for the 
formalization of the DS reform process at the earliest opportunity, taking into account the "sense of 
urgency " also mentioned in the Summary.  WT/GC/M/207  
 
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  2.46.   Noting comments that the SOM template co uld be useful for engagement for Senior Officials 
and Ministers, delegations had less than two minutes in most sessions of the SOM for interventions. 
This did not lend itself to the desired interactive dialogue that could promote real progress on some 
of the intractable issues. As with all areas of reform, each proposal should be considered on its merit 
for meaningful advancement on these discussions.  
2.47.   Regarding Agenda item 2 .C., we recognize that fundamental divergences regarding the 
expansion of the decision to COVID -19 diagnostics and therapeutics remain, while remaining 
encouraged by the continu ed engagement of members within the TRIPS Council. Jamaica thanks the 
Chair person  of the Council and the Secretariat for organizing the Informal Thematic Session for 
External Stakeholder Input held on 28 September 2023 and for the report as contained in 
IP/C/W/706 , which will be helpful to stakeholders in Capital.  We further thank the Secretariat for 
facilitating a briefing on 19 October by the US International Trade Commission (USITC) on its recent 
investigation and report titled  "COVID -19 Diagnostics and The rapeutics: Supply, Demand, and 
TRIPS Agreement Flexibilities ". This report, along with the presentations during Thematic Session, 
provides factual evidence and experiences to guide our deliberations on this issue better.  
2.48.   The representative of South Africa  delivered the following statement:  
2.49.   The TRIPS Waiver was intended as a time bound limited measure to assist resource 
constrained countries to facilitate timely access to much needed COVID -19 court -measures. When 
the measur e was proposed in October 2020, it was with the hope that a multilateral solution could 
be reached within 6 months.  In placing our faith in a multilateral solution, the co-sponsors have 
never entered into ideological debates about the role of IP. Through n umerous submissions, we 
provided reams of evidence about specific examples where Members faced constraints that could be 
addressed through a waiver and thereby save numerous lives, especially in developing countries and 
emerging economies as noted by Prof Stiglitz in a December 2021 op -ed. We also repeatedly 
answered questions posed by non -proponents over three years of circular discussions.  
2.50.   More than three years later we are still deliberating on this matter while the world has been 
disabused of the notio n that this institution could provide meaningful relief in a pandemic situation.  
As stated by leading IP scholar, Harvard Professor William Fisher at the thematic session of 
28 September, extension of the MC12 Decision to therapeutics and diagnostics shoul d not be 
characterized as a general "weakening " of IP protection.  On the contrary, those who have blocked 
or indefinitely delayed consensus on extension have incentivized  Members to eschew multilateral 
solutions in the event of future pandemics and seek unilateral approaches. Such an outcome is far 
more likely to fragment and thereby weaken the IP system.  We urge these Members to reconsider 
this approach and call for a Dec ision by the December GC at the latest. A full year after the 
paragraph  8 deadline.  
2.51.   The representative of Paraguay  delivered the following statement:  
2.52.   Paraguay is closely following the reform -by-doing discussions with respect to improvements 
to the functio ning of the WTO's regular bodies and how they can facilitate the participation of all 
delegations, but especially small delegations with limited human resources.  We believe that some 
Councils and their subsidiary bodies are doing an excellent job and that their good practices and 
examples should be shared and adopted by other bodies as appropriate. The General Council could 
also implement some of these good practices, for example with regard to the annual scheduling of 
its meetings, which, wherever possible , should not be changed because of the impact this has not 
only on delegations' preparation but also on the scheduling of meetings within other bodies.  There 
are also cross -cutting issues, such as the budget needed for certain digital tools that are necess ary 
to ensure the full implementation of the Reform by Doing within the regular WTO budget.  We believe 
it is important to begin talks on the reform of the budget and how the budget is presented. We also 
believe that, in the future, the budget should have e nhanced specificity and granularity , so as to 
improve expenditure transparency and accountability.  
2.53.   Regarding item 2.C. , I would like to thank the Chair person  of the TRIPS Council for her report. 
Second, I would like to state that we are concerned by the sy stemic impact of non -compliance with 
the specific mandate we were given just six months ago. My delegation supports the extension of 
the decision to cover therapeutics and diagnostics. For countries that are net importers of medical 
goods and equipment wit h limited local production capacity such as Paraguay, what is most WT/GC/M/207  
 
- 10 - 
 
  important is: an adequate international supply chain for COVID -19 vaccines and for medicines, 
equipment, medical devices and diagnostics; markets that remain open and without unnecessary 
distortions; and greater transparency in terms of prices and conditions. We also support the 
strengthening of trade facilitation measures with a view to reducing restrictive measures imposed 
by producer Members, because the most affected countries are always  the most vulnerable ones.  
This does not only have a trade aspect; it is directly linked to the health of our citizens. Therefore, 
Paraguay reiterates its commitment to the discussion on paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopte d at MC12. We urge Members to reach a consensus on this issue as 
soon as possible.  
2.54.   The representative of Türkiye  delivered the following statement:  
2.55.   We appreciate the work done at technical level for improving the deliberative and institutional 
functioning of the WTO under the "reform by doing " agenda. Effective and efficiently working WTO 
bodies are essential to have informed discussions and meaningfully engage with each other, which 
in turn will enable us to achieve progress in substantive reform on the de liberative function of the 
WTO.  We believe that we can make MC13 a genuine Reform Ministerial, as stated in the proposal 
"Maximizing the Value of MCs " which we co -sponsored and demonstrate that the WTO can address 
the challenges it is facing.  In this regar d, we believe that Senior Officials Meeting was timely and 
critical to make a stock taking and a genuine exchange between members on WTO reform.  So, we 
would like to convey our appreciation to the Director -General ; to you , GC Chair person;  and to the 
Secret ariat for all the tireless efforts for the very effective and efficient conduct of the Senior Officials ' 
meeting.  
2.56.   Our special thanks also go to those Senior Officials who played a facilitator role during the 
SOM. They did an excellent job on this very imp ortant task. As you all know, my Deputy Minister of 
Trade was among them, facilitating the sessions on Agriculture Including Food Security. He has 
prepared his report meticulously, with a view to capture and reflect all Members ' positions in a 
comprehensive, fair and balanced manner. As a result, many Members, from a very diverse spectrum 
of the membership, told us that his report was highly commended for these features. So, we think 
that it is important to set the record straigh t here in the General Council and acknowledge this before 
the entire membership.  
2.57.   The representative of Mozambique  delivered the following statement:  
2.58.   We note with satisfaction that some of the ten procedural measures presented at the General 
Council meeting  on 24 and 25 July are being implemented by some WTO bodies. For example, the 
circulation of annotated agendas, including for today's General Council meeting.  However, it remains 
a challenge for small delegations such as Mozambique's to follow all the comm ittee meetings, and 
we continue to note that the agenda clash continues, at the moment the Workshop on Article 67 of 
the TRIPS Agreement is taking place. We need more work in this regard to avoid overlapping 
meetings.  We also endorse the statements made by  the African, the ACP and the LDC Group s on 
this item.  
2.59.   On item 2.C., m y delegation takes the floor to reinforce our support to the Africa Group and 
LDC Group as we are part of the co -sponsors.  We support that Members will come together and find 
a solution on paragraph 8 of the MC12 TRIPS Waiver, regarding the addition of therapeutics and 
diagnostics before MC13, in compliance with the Ministerial decision of 17 June 2022.  
2.60.   The representative of Nepal  delivered the following statement:  
2.61.   My delegation supports the statement delivered by the LDC Group and would like to add few 
points . We have been emphasizing that the reform should be transparent, inclusive and Member -
driven. On the  reform agenda, we support the ACP Group statement delivered this morning.  We 
have made some progress in meeting management, agenda setting and use of digital tools however 
Nepal reiterates that the development dimension of reform should also be in the centre of discussion 
considering the different levels of development of the members. In this regard, we also support the 
statement by Mauritius.  The reforms in the development aspects of the WTO for us are primarily the 
policy spaces to participate meaningfully and deliver results. In this regard, we insist that the SDT 
should be precise, effective and implementable and any policy tool should not create additional 
burden.  While noting fully functioning of DSB , with the restoration of Appellate Body, is important WT/GC/M/207  
 
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  element of this Organization. We urge to bring the volunteer -led DS reform proc ess under the formal 
mechanism of WTO , so that experts from the capital can also participate and provide some inputs. 
Furthermore, concerns of Members especially the LDCs, which joined the WTO through accession 
process with very high level of commitment an d obligations beyond their capacity need to be 
addressed.  
2.62.   Regarding the TRIPS waiver on COVID -19 diagnostic and therapeutic, we thank the United 
States  for organizing an information sharing session on the findings of the USTIC. It was useful. 
Today, we would like to refer our previous statement emphasizing the importance of the extension 
of TRIPS Waiver on diagnostic and therapeutic. Finally, my delegation appreciates the Director -
General's  idea of "engage, negotiate and deliver " to make MC13 truly a Reform Ministerial through 
addressing our concerns.  
2.63.   The representative of Brazil  delivered the following statement:  
2.64.   On item 2.C ., Brazil supports a decision on the extension o f the MC12 TRIPS waiver to COVID -
19 therapeutics and diagnostics. Although the pandemic has now subsided, a WTO response to the 
COVID -19 pandemic addressing therapeutics and diagnostics would send the world the message 
that the WTO was able to strike the b alance between the protection  of IPRs on one hand and the 
protection of public health on the other hand.  The waiver extension should be crafted to increase 
the availability of and affordable access to relevant COVID -19 pandemic therapeutics and diagnostics  
where they are most needed, in particular in developing countries.  
2.65.   The representative of Cambodia  delivered the following statement:  
2.66.   My delegation associate s itself with the LDC  Group s tatement. My delegation would like to 
express appreciation for your re ports and efforts on WTO reform discussion. We welcome the 
initiatives and progress made under this agenda item. We also took note of proposals that have 
been submitted on WTO reform by different Members, especially those who accommodate the LDC  
Group's  submission contained in the document JOB/GC/223/Rev.1 . This shows the keen interests of 
all Members, including the LDC Group, in having a strong, well -functioning, and relevant WTO.  
2.67.   On reform by doing/institutional reform, the LDC Group's  proposal calls on improvements 
functioning of WTO bodies including, annotated agendas, expediting the production of minutes, 
mechanisms to avoid overlapping of key meetings, summary notes on the same day of meetings, 
and translation provided for all informal meetin gs as well. We appreciate the work have done.  For 
holistic or general reforms, it should be decided at the General Council since some LDCs and small 
delegations cannot follow all bodies. For example, the 15 -day agenda, annotated agenda, and e -
agenda, shoul d be applied to all bodies, and to save time and full participation, it should be adopted 
at the General Council  (so-called "top-down decision "). We encourage each body to continue their 
work to improve their functioning in accordance with their nature of work.  Lastly, my delegation 
would like to express our gratefulness on the efforts made by each WTO bodies on reforming their 
respective functions and practices that benefit to all.  
2.68.   On item 2.C., m y delegation aligns with the statement made by th e LDC Group.  We once 
again urge all Members to find a common solution to undertake a decision to extend the coverage 
of the decision on the TRIPS Agreement to include therapeutics and diagnostics as decided at the 
MC12. At the Senior Official s' meeting, ma ny Members expressed their suggestions to resolve this 
matter by December.  
2.69.   The representative of Banglades h delivered the following statement:  
2.70.   On WTO reform, Bangladesh aligns itself with the statement by the LDC Group. We thank you  
for your report and for the state of play report on WTO reform contained in JOB/GC/359/Rev.1  
regarding the work improvement in WTO Councils and Committees. We thank the Director -General  
for her report under item 1.  The core objective of WTO instit utional reform is to improve its work 
and not to create new difficulties. Therefore, the current problems must be identified by Members 
and accordingly suggestions for addressing those difficulties must come from Members. Moreover, 
any reform must not lead  to an alteration of the multilateral and Member -driven character of the 
WTO. All reform proposals and their finalization must be consolidated in the General Council .  WT/GC/M/207  
 
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  2.71.   In the SOM, Senior Officials from Bangladesh and majority of Members strongly expressed 
support for a two -tier DS system. The Senior Officials also reiterated the need to bring the so -called 
delegate -led informal discussions as soon as possible under a relevant WTO body.  Many Members 
from developing countries could not fully involve due to capacity constraint or other challenges. We 
have heard that some developing countries were willing to contribute by virtual participation but  
could not do so  because  the process was not open to virtual participation of capital -based legal 
experts. Moreover, there is no valid mechanism to address the concerns of Members whose views 
are not reflected in the informal process.  On the contrary, Members can legitimately provide 
suggestions or e xpress concerns only through a relevant WTO body. Therefore, it 's urgent to bring 
the DS reform discussion under a relevant WTO body, respecting the agreed and established 
procedures of decision making in WTO. Our delegation requests the GC Chair, as the G C is mandated 
by the  MC12 to lead any reform in the  WTO,  to guide the process including for the DS reform.   
2.72.   In conclusion, we urge Members to favourably consider the LDC Group 's submission contained 
in JOB/GC/223/Rev.1 . All WTO bodies should prior itize the d evelopment agenda. This is also 
important, as guaranteed in Article XI.2 of the Marrakesh Agreement, that the LDCs must not be 
asked to undertake commitments and concessions that go beyond their administrative and 
institutional capabilities.  
2.73.   Regarding  paragraph 8 of the Ministerial decision on TRIPS Waiver, Bangladesh aligns with 
the statement to be delivered by the delegation of South Africa on behalf of the co-sponsors of 
IP/C/W/669/ Rev.1  and the statement delivered by the LDC Group. We are disappointed that 
Members could not agree within the deadline to follow the good gesture of the Ministers.  Future 
pandemic is a threat. We must learn from our failures and the same mistakes and procrastination 
should not be repeated. Bangladesh supp orts that the MC12 decision on TRIPS Waiver should be 
extended to cover therapeutics and diagnostic, as soon as possible.   
2.74.   The representative of Egypt  delivered the following statement:  
2.75.   Egypt aligns itself with the African Group 's perspective on WTO reform  as outlined in document 
WT/GC/W/895 , emphasizing the critical importance of preserving consensus decision -making, 
maintaining a member -driven approach, and ensuring special and differential treatment for 
developing countries as a treaty embedded right.  We support proposals for bett er efficiency in 
conducting business in various bodies, we also underscore the necessity of considering the interests 
of developing countries in agenda -setting and negotiations.  
2.76.   WTO meeting agendas should consistently feature mandates and results from Min isterial 
Conferences as permanent items for monitoring and accountability. This setup should prioritize the 
concerns of developing countries, including LDCs.  We strongly advocate for transparent and inclusive 
negotiations, underscoring the importance of ad hering to member -driven processes and enhancing 
the roles of various WTO bodies for better alignment with member priorities.  We support the 
establishment of a working group reporting to the General Council for institutional reforms to ensure 
coherence and oversight.  
2.77.   On item 2.C., Egypt, supports the African Group 's position and we share the disappointment 
over the missed deadline for concluding negotiations on the extension of the TRIPS decision set 
during MC12 to cover therapeutics and diagnostics. We are concerned that our inability to extend 
the TRIPS decision would negatively impact the organization 's capability to handle crucial issues 
within appropriate timeframes.  Some Members promote the narrative that voluntary licensing  and 
certain other import str ategies are enough to address the situation developing countries could have 
during pandemics. While acknowledging their contribution, we are certain that relying solely on those 
mechanisms  could pose significant challenges in the near to mid -term future. Such mechanisms  may 
strain the finances of developing and least developed countries who already face difficult financial 
and economic situations. This strain might burden import budgets and impact potential 
collaborations with major pharmaceutical companies .  
2.78.   It should be also noted that relying solely on market -related criteria, such as the demand 
curve, might not accurately represent the situation properly and could hinder this organization 's 
ability to adapt and prepare for future crises and pandemics, wh ere those market dynamics become 
irrelevant or obsolete. We must acknowledge the uncertainty of the next crisis and understand that 
prioritizing commercial interests and profitability for pharmaceutical companies over public health, WT/GC/M/207  
 
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  might not be acceptable  to people, even in high -income countries.  We emphasize the urgency of 
reaching a decision by the December General Council meeting to restore credibility on this matter.  
2.79.   The representative of Colombia  delivered the following statement:   
2.80.   Colombia notes with  optimism the summary of the Senior Officials' meeting prepared by the 
Secretariat and the considerations mentioned in the statement by the Director -General. In particular, 
the topic of agriculture was holistically established, recognizing the unfulfilled promise under 
Article  20 of the Agreement on Agriculture, and we believe that agricultural and industrial subsidies, 
which are increasing significantly in the developed world, should continue to be a topic of discussion 
for us.  
2.81.   Similarly, it is important to continue discussions on paragraph 8 and work on trigger -ready 
mechanisms to respond to pandemic crises. We recall that more than 50 per cent of Members 
referred to this topic at the Senior Officials' meeting. We are pleased to see that these matters wer e 
central in the discussions at the SOM and will serve as a basis for discussions on the way forward to 
MC13 and at the Ministerial itself. I draw your attention to the need for our discussions on vaccines, 
therapeutics and diagnostics to be in synergy wit h the discussions held at the WHO, no longer in the 
context of the COVID -19 pandemic only, but also, as Egypt has just pointed out, with our eyes set 
to the future, in the context of the Pandemic Treaty . We firmly believe that we will achieve a 
convergence -based solution, especially at a time when the world is eager for positive narratives. We 
must therefore be mindful  to properly coordinate solutions in both for a.  
2.82.   The representative of Zambia  delivered the following statement:  
2.83.   My delegation aligns itself with the statements made by the African, ACP and LDC Groups on 
items 2.A. and 2 .C. I would also like to share a few reflections in our national capacity.  Firstly, on 
item 2 .A., there are a number of good things that are coming out of this ongoing process of reforming 
by doing that we welcome. For example, the practical improvements in the functioning and conduct 
of business in the various WTO Bodies through the continued facili tation of hybrid format meetings 
which allows for remote participation, the improvement in turnaround time for production of Minutes 
of Meetings as well as the efforts that have been made to avoid clashes in key meetings have allowed 
some of our experts in  capital to follow what is happening in the WTO and provide timely guidance.  
2.84.   Similarly, and we want to believe this is part of the transparency mechanism to ensure we 
are all on the same page, the General Council process of reporting back to the full memb ership on 
all the ongoing reforms is welcome as it allows us to receive a consolidated update of what is 
happening everywhere and also gives us the platform to deliberate on key issues that need decisions 
to be taken.  One area that we feel still need more attention, despite the improvements posted so 
far is on the participation of small delegations and LDCs in the deliberative process. There is need 
to consider the capacity limitations of our small delegations to make sure that we are not overly 
burdened wi th WTO work. It is therefore important to strengthen the reporting mechanisms to 
General Council so that all member states are fully informed on any reform proposals tabled in the 
WTO Bodies and decisions taken in an inclusive and transparent manner.  
2.85.   Finally, with regard to item 2 .C., my delegation fully supports the call to extend the deadline 
as well as to include therapeutic and diagnostic products in the coverage of the TRIPS Waiver.  
2.86.   The representative of Malaysia  delivered the following statement:  
2.87.   Let me congratulate you and the Director -General , as well as your dedicated team, for all the 
hard work in ensuring the success of the recently concluded Senior Officials ' meeting (SOM). 
Malaysia considers the SOM as a meaningful and productive gathering, that  would add momentum 
to our on -going work in Geneva.  I would also like to take this opportunity to welcome the new 
Ambassadors to Geneva and  would like to thank departing colleagues for all your support and 
cooperation.  Today  is an important date to me pers onally, as it marks my first anniversary as the 
Permanent Representative for Malaysia to the WTO. I attended my first General Council meeting  on 
19 December 2022. Based on my experience and engagement with other colleagues in the last 365 
days, I am quite optimistic that we are on the right track towards a productive MC13, although not 
in all issues, but at least some of them.  WT/GC/M/207  
 
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  2.88.   With regard to item 2.A., Malaysia considers that it is timely to coin the upcoming MC13 in 
Abu Dhabi as the 'WTO's first genuine Re form Ministerial ' – to reflect the priority of this house at 
this moment, as well as to demonstrate the importance in addressing current challenges facing by 
the multilateral trading system. On this note, Malaysia would like to commend the work and 
contrib utions by GC Chair person  and the Secretariat in facilitating 'the reform by doing ', as well as 
well in preparing the 'state of play ' documents which are very useful to our discussions. I would like 
to conclude my intervention in this agenda by stressing tw o things . Firstly, the restoration of a fully 
functional two -tier dispute settlement system is a priority for Malaysia, as it reflects the credibility 
and integrity of this house . Secondly, as we are accelerating our efforts toward the WTO reform, we 
believe that all initiatives whether 'in front of the scene ' or 'behind the scene ' – should be done 
inclusively. On this note, Malaysia is ready to engage constructively with all Member s at any scene 
and platform – in ensuring a productive and successful MC13.   
2.89.   The representative of Indonesia  delivered the following statement:  
2.90.   I appreciate your update on the state -of-play of WTO reform, including measures to facilitate 
Members ' participation in WTO bodies.  We all want to see WTO that is fit for purpose,  fit for its time, 
and caters  to the needs and interests of all Members.  Last week, our Senior Officials spoke loudly 
and clearly in support of the reform and  provided political g uidance for us to move forward.  The 
reform must address imbalances in existing WTO  Agreements. It should also ensure adequate policy 
space for developing countries and LDCs to implement them.  
2.91.   For Indonesia, the priority is clear – particularly dispute settlement reform, particularly the 
restoration of an independent, impartial, and two -tier dispute settlement system with the 
refunctioning of the Appellate Body.  Indonesia is one of a few members who participated in the 
ongoing informal discussion s. We are thankful for the facilitator for doing its best to ensure 
transparency and inclusivity.  But there is still a room for improvement. For example, we need to 
ensure developing Members and LDCs with small delegation can effectively and meaningfully 
participate in the discussion.  Indonesia 's proposal JOB/DSB/6  has detailed our small asks, as small 
delegation, aimed at ensuring all WTO Members could provide their meaningful contribution to the 
process. For  us, a durable,  long-lasting  reform  can only be achieved when  all Members can provide 
contribution and share their interests in an equal manner.  Let us now muster our political will and 
flexibility. Indonesia stands ready to further discuss this important issue in constructive manner.  
2.92.   On item 2.C., Indonesia  would  like to align ourselves  with the statement  of South  Africa,  India 
and all co -sponsors of the TRIPS waiver proposal IP/C/W/669 . Today 's meeting  will mark the fourth  
General  Council  meeting  with this agenda item, after we let the deadline laps e on 17 December 2022, 
under the reasoning that "more facts and evidence are needed " to accurately assess the urgency 
and importance of  the extension of waiver to therapeutics and diagnostics.  Now, almost  one year 
has passed.  Countless relevant discussions, including the external stakeholder meeting and the 
briefing on the long -awaited USITC report have also taken place.  Thus, it is time for the WTO to 
decide, once and for all, whether WTO can contribute to solving the issue of access, availability and 
affordability of therapeutics and diagnostics products for COVID -19. 
2.93.   Concluding this issue will not only restore the credibility of WTO as an institution that cater to 
global cause and common goods, but also, to compliment and support the works done by WHO, 
especially related to pandemic preparedness.  We should not , once again , postponing making a 
decision on this important matter and inadvertently trapping  ourselves in endless discussion s without 
any concrete progress or outcomes in sight.  The longer we wait, the less hopes remain  for the world 
to survive another unprecedented pandemic, especially for people residing in developing members 
and LDCs.  
2.94.   The representative of  the Russian Federation  delivered the following statement:  
2.95.   My delegation welcomes the "reform by doing " efforts, that are aimed at increasing the 
effectiveness of  the WTO and strengthening its deliberative function. These efforts have already 
produced specific results that will surely be appreciated by our delegations in Geneva.  However, we 
should be mindful of the overarching goals of the reform and resist the urg e to focus exclusively on 
"low-hanging fruit " of solving largely procedural issues.  While such an approach may be helpful in 
giving an impetus to the reform process, we will not be able to achieve meaningful results without 
paying due attention to the most  urgent problems.  Among those, the issue of restoring the effective WT/GC/M/207  
 
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  functioning of the two -tier DSS is of paramount importance for many Members, including Russia. 
That is especially significant, taking into account  the growing number of violations of the W TO rules 
for political reasons and arbitrary disregard for commitments, which is completely unacceptable.  
Such behaviour  of certain Members undermines the principles of this organization. And that became 
possible due to the non -functioning dispute settleme nt system  that should be restored to full 
operation as soon as possible . 
2.96.   In this regard, it  is indeed a pity that the SOM outcome report in the section on dispute 
settlement reform failed to mention the Appellate Body, despite the fact that multiple delega tions 
emphasized the necessity to restore the two -tier system, as we also heard that from them today. 
The numerous concerns related to the ongoing informal DSU reform process and the calls for its 
formalization were not reflected accurately enough as well.  The restoration of the DSB system in a 
way that corresponds to aspirations of all Members is one of the biggest challenges that should be 
tackled in order to make the WTO reform successful.  We hope that we will have an opportunity to 
frankly discuss, although in informal mode, what we can practically do in this regard between now 
and MC13.  
2.97.   The representative of India delivered the following statement5: 
2.98.   I would like to thank the Director -General for her report under item 1. On item 2.A.(i), 
incremental improvements in day -to-day functioning of the WTO bodies to facilitate the participation 
of Members therein by way of reform -by-doing are well appreciated . We take cognizance of excellent 
work done in certain committees, and we do expect that the se may be replicated in other WTO 
bodies as well as in the General Council. Particularly, I would like to mention the good work done in 
the Council for Trade in Goods and its subsidiary bodies. I would also like to thank the Secretariat 
and you Chair person  for the document JOB/GC/3 59/Rev.1 . It gives a very good picture of the  
ongoing  work, a nd it does capture some of the suggestions made by India 's reform proposal on 
process, which is dubbed as 30 for 30. We do expect that some of the proposals , which were meant 
for the medium term and long term in  the 30 for 30 proposal , would also be in the pipeline to be 
undertaken .  
2.99.   Reform must also work on improving the conduct of Ministerial meetings to make the process 
transparent, inclusive and conducive to extensive participation, particularly for developing country 
Members  in the decision -making process. We have certain concerns, in the name of reform, it should 
not alter the ri ghts and obligation of Members. It should not impinge or compromise  in any way on 
the foundational principles and structure of the O rganization, including its Member -driven 
multilateral character and consensus -based decision  making, in the name of new adje ctives being 
introduced before the consensus -based decision -making process. It should not attempt to changing 
the scope of external engagement. External engagements should remain in the confines of the 
informal fora like public for a, seminars, workshops, a nd other informal engagements. It should not 
overlook the long pending and mandated agenda items and prioritize any new agenda of interest for 
a few Members. On dispute settlement reform, we strongly favour  the two -tier dispute settlement 
mechanism with re storation of a standing Appellate Body .  
2.100.   On item 2.C., India would like to align  itself with the statement  delivered by South Africa, 
on behalf of co -sponsors of  IP/C/W/669/ Rev.1 . It is regrettable that we are unable to deliver on 
such a critical and mandated issue, despite extensive engagement and deliberation on the waiver 
proposal. We again request, as we did at the  Senior Officials'  meeting, that all Members should 
engage with a view to strive for an outcome by the last General Council meeting of this year, if not 
earlier.  
2.101.   The representative of Switzerland  delivered the following statement:  
2.102.   Let me also thank you, Chairperson , as well as the Director -General, for the leadership 
shown in conduction the SOM so successfully last week in preparation of the Ministerial Conference 
to take place in February 2024 and  thank the Secretariat for the support.  I will make  a single  
intervention  under  items 2.A and 2.C. Let me thank all the Members for their meaningful engagement 
in conducting the work on the WTO reform as mandated in the MC12 outcome document.  On the 
 
5 Following the meeting , the delegation of India submitted subsequently their  oral and written 
statement s to the Secretariat for inclusion in the record.  India's written statements have been included in the 
Annex, as requested.   WT/GC/M/207  
 
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  deliberative  function,  we welcome  the reports  from the various  technical  WTO bodies on good 
practices  to improve the functioning of the committees. These are positive developments that follow 
a logic of "reform by doing ". We also welcome the retreat on trade and industrial policy that took 
place in September. The deliberations made clear that there is a n eed to improve our understanding 
of divergences  between  members.  This calls for a dedicated  and evidence -based  process  on trade  
and industrial policy. MC13 provides a good  opportunity  to establish  such a process.   
2.103.   Restoring a fully functional dispute settlement system by 2024 remains a top priority for 
Switzerland. MC13 is of course an important milestone in that regard.  We are grateful to the 
facilitator, Marco Molina from Guatemala, for his engagement and his efforts in setting up an 
efficien t, transparent and solution -oriented process.  Continuing the informal  discussions in their 
current format is the only way to progress and bring us closer to our shared goal before the deadline 
that we have set to ourselves.  On the negotiation  function, let  me recall  the importance  of the JSIs 
and their integration  in the WTO framework. These open initiatives complement our multilateral 
work. They contribute  to strengthening  the multilateral  trading  system  and reaffirm  the credibility  of 
the WTO 
2.104.   Turning  to agenda  point 2.C, Switzerland  would  like to thank  the TRIPS  Council  Chair for 
organizing the thematic session on §8 with external stakeholders. It was very useful to hear from 
the practitioners who actually have done groundwork  during the pandem ic. The data and information 
provided confirmed the international IP system worked as an enabler in the COVID -19 pandemic for 
the hundreds of research and development partnerships that resulted in new, effective vaccines and 
therapeutics and the fast scali ng-up of their manufacturing for global needs.  Switzerland  remains  
therefore  convinced  that an extension  of the MC12  TRIPS  Decision to COVID -19 therapeutics and 
diagnostics is unnecessary and would even be counterproductive.  This said, my delegation  is ready  
to continue  fact-based  discussion  in the TRIPS Council, should Members have new evidence at hand.  
2.105.   The representative of Ecuador  delivered the following statement:   
2.106.   This meeting continues the Senior Officials' discussions that took place  a few days ago. Now 
that we are only a few months away from the Thirteenth Ministerial Conference, we are confident 
that in future work and on the basis of our past understanding, we will work towards achieving 
concrete outcomes on fisheries, agriculture and DSU reform. We are confident that with the political 
will and a spirit of multilateral cooperation, we will be able to find common denominators that reflect 
the interests and ambition of all Members. In the spirit of multilateral engagement, Ecuador wo uld 
like to, once again, emphasize the need to organize Ministerial Conferences with input from all 
Members, so as to strengthen transparency, inclusiveness and the effective participation of all. 
Holding transparent and inclusive constructive negotiations  will bolster the trust that all Members 
should have in this Organization. Any effort to improve the organization of work that considers the 
realities of smaller delegations  is therefore essential. Regarding the reform of the Dispute Settlement 
Understandi ng, Ecuador reiterates its interest in contributing to fulfilling the mandate in paragraph  4 
of the MC12 Outcome Document . We recognize the progress made in recent months within the 
framework of discussions on the reform of the dispute settlement system co ordinated by Mr. Marco 
Molina, the Deputy Representative of Guatemala, whom we thank.  
2.107.   Turning to the process of "reform by doing", Ecuador remains committed to the efforts to 
improve the functioning of the WTO. The implementation of several measures is hel ping to improve 
access to information in a timely manner for all and strengthen the deliberative function of the WTO.  
The Budget Committee's analysis of the potential budgetary impact of the development or 
implementation of digital tools is very positive. My delegation would like to highlight the practical 
and effective support in this effor t provided by  the WTO's IT Division and its director.  For Ecuador, 
it is very important to pay attention to the priorities identified by Members in the area of digital t ools 
when allocating resources once the 2024 budget has been approved. Reform has also been on the 
agenda of the Committee on Trade and Environment  since 2022. The CTE has been engaged in 
consultations with all Members since 2022 on how to reinvigorate the  Committee and discussions on 
trade and the environment.  In that regard, several delegations have submitted papers, including the 
African Group, China, Colombia, the European Union, India, together with South Africa and the 
United Kingdom. This work is bei ng carried out as a follow -up to paragraph 14 of the Ministerial 
document.  
2.108.   Examples of Members' suggestions range from holding joint sessions with other committees 
to facilitating greater participation of developing country Members . The Committee's first thematic WT/GC/M/207  
 
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  session, launching new work dynamics, will be held on 13 November and address trade and energy 
transition. Other steps have been taken in the spirit of "reform by doing" with a view to promoting 
inclusiveness and greater recog nition in the Committee's discussions, as well as, amongst other 
things, the timely digital distribution of an annotated agenda.  
2.109.   The representative of the United Kingdom  delivered the following statement:  
2.110.   You said we should not really get into the detail of reform, as we will cover that this 
afternoon, so I will try not to. One point to pick is the point about deconflicting meetings which I 
know is so important for so many smaller delegations. It is one that  we have brought forward in our 
own proposals,  and I think it is one that we need to keep on thinking about to ensure that we are a 
genuinely inclusive organization, not just in words but in deed. Let me just say a quick word about 
TRIPS. My Swiss colleagu e has set out in substance far more eloquently than I could and I endorse 
every word he has said. I want to acknowledge first of all the continued efforts of our TRIPS Council 
Chair person  and let me welcome her efforts and the Secretariat 's to move our dis cussions forward. 
Let me also acknowledge the arrival of the report from the US ITC. Like others I  am sure we are still 
analysing  the information that is contained in that report but for us it reaffirms the importance of 
known issues, including on this iss ue including the role of voluntary licenses where the UK issued a 
paper, in increasing affordability and access to COVID -19 products and technologies globally. I hope 
everybody has seen our paper on this which looks at how we can build on that in future pa ndemic 
preparedness.  
2.111.   I just wanting to recognize that access issues go well beyond intellectual property and that 
considering broader factors in reactors should help us as we look at whether the decision that we 
took back at MC12 should indeed be extended  to therapeutics and diagnostics. Let me also just 
encourage my fellow members, particularly those from developing countries and LDCs to come to 
us give us their thoughts on our paper share their national experiences and challenges that they 
have faced in voluntary licensing and technology transfer partnerships so that we can try and take 
forward our work in a structured and collaborative manner.  Lastly, a number of colleagues this 
morning have said that not taking a decision will be a real issue for this Organization. I think that 
there is something worse than not taking a decision and that is taking the wrong decision for this 
Organization, for the intellectual property , which is the basis for our innovative economies, and 
taking the wrong decision for our  future pandemic preparedness.  
2.112.   The representative of Japan  delivered the following statement:  
2.113.   On the reform of MC, we think it is important to aim at maximizing the value of MC13, while 
ensuring transparency, predictability and inclusiveness. The delivera bles of each negotiating agenda 
from our perspective should be sorted out at the Senior Officials' level, before Ministers as need be , 
to start to engage in negotiations.  From the viewpoint of enabling us to advance our work with a 
good and realistic ambit ions, Japan supports a suggestion made at the SOM last week to consider 
defining the duration of the MC, which I think will be discussed this afternoon . It makes sense to 
discuss key trade issues to be addressed by the WTO after the MC. So , we consider "industrial policy 
or state intervention " would be a good agenda to be discussed by ministers. 'Reform by doing ' is a 
practical and important initiative to enhance the work efficiency of the WTO. We thank the 
Secretariat, Chairpersons of respective Bodies and  also the initiatives by the GC Chair to keep 
moving this important agenda.  
2.114.   On item 2.C. , we are of the view that Members are better informed over the past months, 
through the thematic session at the TRIPS Council as well as USITC reports. Based on these f acts 
and evidence, the TRIPS Council would be able to constructively advance substantive discussions.  
Lastly, I thank the Director -General  for her kind words to the G7 Trade Ministers Meeting extended 
in the previous agenda. I would like to report that Tra de Ministers discussed WTO reform, efforts to 
tackle global challenges including climate change, food security and promotion of digital trade, 
sustainable development and improving inclusiveness, response to unnecessary trade restrictive 
measures, among ot her topics.  We once again thank the Director -General  and the participating 
Members other than G7 Members, of course G7 Members also, for their active contribution and the 
discussions at the meeting.  WT/GC/M/207  
 
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  2.115.   The representative of Zimbabwe  delivered the following statement:  
2.116.   I want to appreciate the good leadership gi ven by the Director -General , yourself , 
Chair person,  and the Secretariat for a job well done during the just ended SOM. We hope that the 
positive spirit shown during the SOM will continue as we engage here in Geneva on the issues as 
given in your report.  WTO reform work is still ongoing and we appreciate the steps so far taken by 
Secretariat in improving the work for Members especially the annotated agenda, production of 
minutes among others.  Reforms in the Dispute Settlement are key for my delegation and we  hope 
that the informal process will be completed by year end to allow the formalization  of the discussions. 
Although the word formalization  was a bit of a problem, we are not able to participate fully in the 
informal discussions due to the usual reasons d ue to our being a small Mission, hence the need to 
formalize  the discussions.  On the TRIPS waiver extension to therapeutics and diagnostics, we align 
ourselves with the statement by the African Group. We found the presentation by the USITC 
presentation interesting,  and our capital is looking at the report.  
2.117.   The representative of Qatar  delivered the following statement:  
2.118.   My delegation would like to express its appreciation to the positive outcome of the Senior 
Official meeting where our Senior Officials have e ngaged substantively,  and we can say that now we 
have a better direction toward MC1 3 in Abu Dhabi next year.  We share the view of the Members 
calling to focus on the coming period and the top priorities  if we want to get a tangible outcome in 
MC13 . For Qat ar, the restoration  of the Appellate B ody and reforming the dispute settlement system 
is a top priority. We see also that MC13, w ill achieve meaningful and realistic  outcomes o n the food 
securities and send positive signal to the business sectors that we care about certainties in 
challenging times . On joint statements initiatives , we would like to congratulate the participants for 
their remarkable achievement with the conclusion of negotiation and investment facilitation for 
development.  This was proof that the WTO remain s a dynamic Organization  that evolved according 
to the need of the changing wor ld. Qatar was one of the first Members  to adopt this idea. We worked 
diligently with other Members to ensure technical consistency of the dra ft agreement and pre sented 
our proposal and constructive contribution to bridge views and reach consensus.  Therefore, we also 
encourage other Members to join this important agreement.  
2.119.   On the development aspects , Qatar is supporting the integration of the development 
perspecti ves into the whole work of the WTO. I n this regard, we supported also the extension of the 
unilateral  trade preference for graduated LDCs, and we stress again that development should stay 
a fundamental principle of the Organization . We support discussion a s well on the special and  
differential t reatment proposed by the G90 and the conclusion of the negotiation s on special and 
differential treatment as soon as possible.  We have also expressed our political willingness to 
conclude the second  wave of the fisheries subsidies negotiation s. Finally on accessions, we will 
welcome the advancement of the ongoing accession process, especially the least -developed 
countries joining in line with paragraph 6 of the MC12  outcome document . We congratulate  their 
achievements  in the accession process of Comoros and Timor -Leste to the Organization  and we hope 
to see the ir conclusion at the  forthcoming  Ministerial Conference . 
2.120.   The representative of Australia  delivered the following statement:  
2.121.   Australia welcomes the strong support from Senior Officials for MC13 to be a Reform 
Ministerial.  It is clear that Abu Dhabi must deliver a substantive reform package to show the world 
we mean business.  That package must include an outcome on dispute settlement reform that 
underscores o ur commitment to fixing the system in 2024, and recognizes  the considerable progress 
made in the informal process. We must also ensure Ministers have an opportunity to deliberate and 
give guidance on modern global trade challenges, including trade and indu strial policy, trade and 
environmental sustainability, and inclusivity.  We were pleased to see Senior Officials discuss these 
issues last week and lay the groundwork for Ministers to engage substantively in February. Finally, 
Chair person,  we welcome your u pdate on 'reform by doing ', as endorsed by Senior Officials. We 
commend the work done by you, subsidiary body Chairpersons  and the Secretariat, to support 
Member -led initiatives and bring transparency to this work, including here at the General Council.  
Following the Senior Officials ' meeting last week, we are well placed for Ministers to endorse an 
outcome on reform by doing at MC13.  WT/GC/M/207  
 
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  2.122.   With regard to " Paragraph 8 of the Ministerial Decision on the TRIPS Agreement adopted on 
17 June 2022 – Duration of Extende d Deadline ", Australia supports a consensus outcome on whether 
to extend the TRIPS waiver to COVID -19 therapeutics and diagnostics and urges Members to seek 
a viable outcome.  We acknowledge the importance of the TRIPS waiver outcome to developing 
countries , including in the Pacific.  We thank the US for its recent contribution to discussions in the 
USITC 's recently released report which is being reviewed in Canberra.   
2.123.   The Director -General  delivered the following statement:  
2.124.   I just wanted to thank those who c ommended the improvements that they have seen in 
terms of trying to make processes work better. Nepal and Zambia mentioned this, and I appreciate 
that. We are working really hard to try to put digital and  all tools to work, mindful that there are 
many small delegations who do not have the capacity. We will continue to try to do everything. I 
just want to reassure you, this is very much something we have in mind, but I am sure that at the 
end of the day there will be a limit to what we can do, sometimes we cannot . But particularly leading 
up to MC13 where there will be many streams of work going on in parallel, no matter what we try, 
we will have some conflicting discussions on negotiations going on. We will try to manage it as best 
as we can, but I do wa nt your understanding. It is not for lack of trying or for not trying to be 
transparent either. Let us keep working together and we will keep doing the best we can. Thank you 
for that acknowledgement.  
2.125.   The General Council took note  of the Chairperson's  statement  related to sub -items 2.A.(i) 
and 2.C.  and of the statements made under these sub -items.  
B. MC12 - Work Programme on Electronic Commerce  
(i)  Report by the Facilitator  
(ii) Reinvigoration of the Work Programme on E -Commerce - Promoting Competition in 
E-Commerce ( WT/GC/W/902/Rev .1) - Communication from India and South Africa  
2.126.   The Chairperson  proposed to take up both items under sub -item 2.B. on the Work 
Programme on Electronic Commerce and to then open the floor once.  
2.127.   Ambassado r Usha Dwarka -Canabady (Mauritius), Facilitator for the E -Commerce Work 
Programme and Moratorium , delivered the following statement6: 
2.128.   I welcome this opportunity to provide an update on the Work Programme on E -commerce. 
Since my last report in July ( JOB/GC/351 ), Members have concluded discussions on the eight 
thematic sessions and have started focussing on preparations for MC13.  
2.129.   The last of the thematic sessions was held on 21 September and focused on e -commerce -
related technology transfer. Delegations consid ered a submission by the African Group on The Role 
of Transfer of Technology in Capacity Building  and shared their experiences and technical assistance 
programmes in this area. The meeting also heard presentations from Cambodia on its E-commerce 
Readiness Development and Challenges , and from South Africa on its recently concluded market 
inquiry into online platforms.  
2.130.   As MC13 approaches, the focus is now on identifying possible outcomes and/or 
recommendations. To start this reflection, I held group consultat ions on 12  October to hear Members 
views.  
2.131.   I asked delegations to reflect on the following questions: With regard to the specific issues 
discussed so far, I asked whether any of these issues could be the subject of recommendations for 
Ministers' considerat ion. I also asked how we could ensure that the Work Programme has a delivery 
impact.  
 
6 The Facilitator 's statement was subsequently circulated in document  JOB/GC/368 . WT/GC/M/207  
 
- 20 - 
 
  2.132.   With regard to the moratorium, I noted that Members' views remained divergent and there 
is no agreement with respect to definition, scope, or impact.  
2.133.   I reported on these c onsultations at the Dedicated Discussion on 18 October and encouraged 
those who were not able to attend to share their own views. Based on what I heard both in the 
consultations and at the Dedicated Discussion, I noted that Members were in agreement that m ore 
work was needed on the moratorium.  
2.134.   Given several calls for evidence -based discussions, I suggested to use the opportunity of the 
joint report by the WTO, IMF, OECD, UNCTAD and the World Bank on Digital Trade for Development  
to listen to the perspectives therein, particularly on the moratorium. In that regard, it has been 
agreed that the next Dedicated Discussion on 14 November will be focused on the moratorium and 
that we would invite the WTO Secretariat and other contributors to the joint re port to share their 
findings. Members may then use this dedicated session to pursue further conversation on the issue 
of definition, scope and impact of the moratorium.  
2.135.   Turning to the thematic discussions held, and as reflected in the minutes of our meetin gs, 
I heard from Members that there was general agreement on the following six elements on the Work 
Programme that could be potentially captured in a draft Ministerial Decision.  
a) First, the WTO remains a useful forum for structured discussions and exchange s.  
b) Second, the WTO should continue to leverage its convening power to bring together 
perspectives of different IGOs to keep Members informed.  
c) Third, it is important to acknowledge and support the role of the WTO in providing 
technical assistance and capac ity building.  
d) Fourth, interest has been expressed by Members to deepen discussion on thematic 
issues already addressed.  
e) Fifth, the development dimension of the thematic discussions is acknowledged and 
should be consolidated.  
f) And sixth, in view of the above , there is broad agreement that significant progress 
has been made towards reinvigorating the Work Programme.  
2.136.   As already indicated to delegations, I may hold informal consultations between dedicated 
sessions as and when necessary, on specific issues or pr oposals so as to advance our work. The 
purpose would be that by the December Dedicated Discussion, Members would be in a position to 
examine possible language of a draft decision on the work programme. I will therefore encourage 
Members to start reflecting  on language that could form the basis of a draft decision.  
2.137.   I also note that during the SOM last week, several delegations identified e -commerce as one 
of the priority areas for MC13. Therefore, it is important that we maintain this momentum and find 
some common ground to move our work forward towards a meaningful outcome.  
2.138.   In that context, I want to share that it has been a matter of satisfaction to see the high level 
of engagement by delegations in the 8 thematic sessions. I count on delegations to mainta in the 
same level of commitment in future discussions. As always, it is the Members who are in the driving 
seat and who will determine the shape and content of any Ministerial outcome.  
2.139.   The Chairperson  invited the delegations of India and South Africa to i ntroduce the sub -item 
on "Reinvigoration of the Work Programme on E -Commerce – Promoting Competition in E -Commerce 
(WT/GC/W/902/Rev.1 )".  WT/GC/M/207  
 
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  2.140.   The representative of India delivered the following statement7: 
2.141.   We welcome the intensified deliberations under the Work Programme on E -Commerce this 
year, which have been received very positively by the WTO membership. These discussions have 
highlighted the critical and complex nature of the digital economy. We commend  the spirit and work 
of the Facilitator  in convening the work program me dedicated sessions under the auspices of the 
General Council and we do expect this process to cover all mandated WTO bodies as per the original 
1998 decision and continue in 2024 and b eyond, so that Members can benefit from the richness of 
diverse national experiences.  
2.142.   Let me talk about our latest paper WT/GC/W/902/Rev.1  on promoting competition. We 
welcome South Africa as a co -sponsor to this paper. Since we have not discu ssed this paper in the 
dedicated session, let me touch upon some of the salient points of this paper. We will be willing to 
engage with other Members and we  will wait for their feedback. We have highlighted the forms of 
market power in the digital markets characterized by some typical forms of market power. Let me 
list some of those. Platform power, the market power of a firm in a multisided market based on 
network effects, a central role for data, and linkages across products, generating significant 
econom ies of scale and scope. The second one is the intermediation power, which on account of the 
role of a platform as an intermediary or a broker in bringing together different groups of consumers, 
is significantly important in the context of platform monopoly , oligopoly and/or conglomerates, and 
information intermediaries with superior control over data. T he third one is the bottleneck power, a 
monopolistic incumbent holds 'bottleneck' power, as a point of congestion, to funnel attention of and 
access to consu mers, limiting the ability of rivals to compete.  
2.143.   The fourth one is the portfolio power, which is generally in the context of conglomerate 
mergers, where at least one of the firms has market power and the post -merger firm seeks to 
leverage that market power  through bundling or tying products together. The fifth one is the 
gatekeepers, the ability of large digital forms to control access by a group of users to some goods 
or another group of consumers. And the sixth and the last one on the form of market power  is the 
strategic market status, few firms controlling market access by virtue of their position as a gateway 
or bottleneck in digital markets leading to higher prices and barriers to entry and growth for 
entrepreneurs.  
2.144.   The implication of increased market concentration, if I may list some of those, can be seen 
in predatory pricing, access to data, search bias, self -referencing, tying, or bundling, margin 
squeezing for other service providers, stifling innovation through free riding, exclusive agreements, 
anti-steering and adverse impact on MSMEs. These challenges  being faced by competition regulators 
are not the challenges only being faced in developing countries or LDCs. Some notable regulatory 
measures adopted or under consideration by different Members, w e have highlighted in our paper.  
These challenges cover examples from the United States, European Union, Germany, Japan, the 
United Kingdom, the ASEAN and India. In conclusion, we say that e -commerce has the potential to 
drive future economic growth. Howev er, the benefits of this growth are currently unevenly divided 
in favour  of few large MNCs. In these circumstances, unless due care is taken, the benefits of 
e-commerce would be limited only to a few who are already in a position to take advantage of the 
growing e -commerce market. We have posed guiding questions, and we are interested in getting in 
deliberations and discussions in one of the dedicated sessions.  
2.145.   The representative of South Africa  delivered the following statement:  
2.146.   South Africa is please d to co -sponsor this paper on promoting competition in e -commerce. 
Competition policy is a critical instrument to help promote a level playing field so that the benefits 
of e-commerce can be broadly enjoyed. The paper sets out examples of how various juris dictions 
have delt with this issue and encourages Members to share their experiences. Allow us to contribute 
to the discussion by setting out salient elements of the South African experience.  
2.147.   The CCSA published a Digital Strategy that outlines its plans to  address aspects of digital 
markets. The strategy covers a range of issues including digital platforms in South Africa with a 
discussion on big data and fintech; competition law in digital markets, covering merger controls, 
 
7 Following the meeting , the delegation of India subm itted subsequently their  oral and written 
statements to the Secretariat for inclusion in the record. India's written statements have been included in the 
Annex, as requested.  WT/GC/M/207  
 
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  cartels and market conduct and a buse of dominance; regulatory issues in the digital economy, 
including promotion of access and connectivity, digitizing  government services and the role for 
regional coordination; and the impact of COVID -19 on the digital economy. The CCSA intends to 
estab lish a cartel forensics lab to deal with new challenges in the detection and investigation of 
collusion and assist generally on digital market cases. This has been greatly aided by engagements 
with agencies globally to discuss their experience as to what h as worked and what has not.  
2.148.   For instance, the CCSA has proactively sought engagement with jurisdictions such as the 
European Union (EU) to provide an opportunity for mutual learning. The CCSA in 2021 utilized the 
SA/EU dialogue facility to host a series o f workshops in partnership with the Directorate -General of 
Competition in the European Commission (DG Comp). The three -day workshop held between 
29-31 March 2021 covered three broad themes (i) Competition Policy Strategy in Digital Markets; 
(ii) Enforcemen t and Toolkits Needed for Digital Markets Cases; and (iii) Cooperation and 
Coordination between Competition Regulators on Digital Markets Cases. The collaboration will be on -
going to ensure that SA continues to draw from EU experience on digital competitio n issues.  
2.149.   CCSA has signed MOUs with some authorities on the continent, such as Kenya, Mauritius 
and Namibia. Through MOUs, countries may have a platform to engage on digital markets challenges 
faced by member countries . The region also has a number of co -operation blocs, such as, SADC, 
COMESA and ECOWAS. These regional bodies and their associated competition enforcement 
committees can be leveraged as a platform to collaborate in the digital platform space . Other 
platforms that can also be used include the A frican Continental Free Trade Agreement and the African 
Competition Forum (currently chaired by South Africa). In February 2022, heads of the competition 
authorities of Egypt, Kenya, Mauritius, Nigeria and South Africa (the "Authorities") upon the 
conclusi on of the digital markets workshop held in Johannesburg, South Africa, reflected the need 
to convene a digital markets dialogue to initiate the development of an African competition law 
enforcement and policy response to digital markets. The joint statemen t of the authorities proposed 
the research and scoping aspects of the African Digital Markets Initiative to be operationalized by 
each participating authority's technical teams. These technical teams will work collaboratively 
towards an agreed work program me.  
2.150.   The CCSA and Competition Commission of Singapore (CCS).  South African competition 
legislation has a public interest element which enables the law to address the impact on SMEs, 
historically disadvantaged persons, employment and economic development. R ecent Amendments 
to the Act strengthen these and provide a basis for addressing buyer power and price discrimination 
against SMEs and historically disadvantaged firms. This enables the CCSA to address the treatment 
of such firms by online platforms. The Ma rket Inquiry provision has been strengthened to provide 
scope for the implementation of remedies through a court order and these inquires provide scope to 
address any factor hindering competition or affecting participation in markets.  
2.151.   The Online Intermedi ation Platforms Market Inquiry (OIPMI) Final Report sets out numerous 
proposed remedial actions for specific platforms to implement based on the findings. The Inquiry is 
also of the view that Commission Guidelines can complement the section 78 regulations through 
providing guidance on best practice by online intermediation platforms such that they remain 
compliant with the Act. Guidelines are useful in providing business certainty as to the enforcement 
approach of the Commission, and best practice guidance gives even greater certainty as it informs 
business that specific business practices will be considered to be in compliance with the Act. We 
hope that this contribution will foster deeper discussion on the crucial role of competition policy in 
e-commerce. We propose that a dedicated discussion on this topic be held in which the WTO can 
use its convening power to bring competition authorities from a broad range of Members to the table 
as well as relevant IGOs such as UNCTAD and ITU.  
2.152.   The Chairperson  reminded everyone, as she did in May and July, that the Work Programme 
on e-Commerce was being discussed extensively in the Dedicated Discussions under the very able 
leadership of the Facilitator. She commended the Facilitator, for her tremendous efforts in ensurin g 
open, transparent, inclusive and Member -driven discussions. With only 6 weeks left to the next and 
last station ahead of MC13, she asked Members to ensure a good use of the limited time – on the 
journey to Abu Dhabi. She asked to try utmost to avoid dupl ication of discussions that are already 
taking place elsewhere in the ongoing Facilitator -led process. She urged delegations to only 
intervene today if there was anything new to add and to keep in mind the suggested time -limits for 
interventions.  WT/GC/M/207  
 
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  2.153.   The repre sentative of Djibouti , on behalf of the LDC Group , delivered the following 
statement:  
2.154.   The LDC Group thanks the Facilitator for her report on the consultations she held in the 
dedicated sessions on the Work Programme on Electronic Commerce. The Group partic ipated in the 
discussions on your consultations, which we fully support. We hope that the report for MC13 reflects 
the strong reinvigoration of the Work Programme, especially its development dimension, as 
instructed by Ministers.  
2.155.   We reiterate that we are working on a communication to update the 2019 submission in 
document WT/GC/W/787 . This new submission highlights some positive developments and 
remaining gaps for LDCs. Alongside the individual contributions of LDCs, we hope that our Group 's 
communication w ill be reflected in the Work Programme and in the reports submitted to Ministers 
at MC13. The aim is to promote constructive engagement in the WTO Work Programme and 
collaboration with other organizations.  
2.156.   Before concluding, the LDC Group wishes to thank I ndia and South Africa for the revised 
version of their joint communication WT/GC/W/902/R ev.1, entitled "Reinvigoration of the Work 
Programme on e -Commerce - Promoting Competition in e -Commerce ". The Group is currently 
studying it internally.  
2.157.   The representative of Cameroon , on behalf of the African Group , delivered the following 
statement:  
2.158.   The African Group places great importance on the developmental aspects of the WPEC. One 
area that is extremely relevant is competition policy. e -commerce, with its transformative impact on 
commerce and trade, holds great promise for Africa. It has the potential to drive economic growth, 
create jobs, and improve access to goods and services for a rapidly growing population. However, 
this potential can only be full y realized with robust competition policies in place.  
2.159.   First and foremost, competition policy in e -commerce should focus on promoting a level 
playing field. This means preventing anti -competitive practices such as monopolistic behaviour , 
price-fixing, and c ollusion. African countries must establish and enforce antitrust regulations to 
ensure that no single entity can dominate the e -commerce market to the detriment of competition 
and consumers. Consumer protection is another critical aspect of competition pol icy in e -commerce. 
It is essential to safeguard the rights of online consumers, ensuring that they are provided with 
accurate information, secure payment options, and fair dispute resolution mechanisms. 
Governments should work to establish clear guidelines  for e-commerce companies, promoting trust 
and confidence among consumers.  
2.160.   Collaboration among African nations is vital to address cross -border competition issues. E -
commerce knows no borders, and to effectively regulate it, countries must work together. A fCFTA 
Protocols on competition policy and digital trade can play a crucial role in this regard. We thank India 
and South Africa for their submission that sets out some of the challenges in promoting a level 
playing field and describes measures that a broad  array of Members have taken in this regard. In 
our view, competition policy in the context of e -commerce is an area where many Members share 
common challenges, and we hope to discuss it in detail during a dedicated session led by our 
esteemed facilitator Ambassador Usha Canabady.  
2.161.   The representative of Fiji, on behalf of the Pacific Group , delivered the following statement:  
2.162.   Fiji wishes to thank the facilitator for her report and her able leadership in advancing the 
discussions in the e -commerce work program me and the moratorium. We also thank and commend 
India and South Africa for their revised proposal highlighting both the benefits and the uneven 
distribution of e -commerce gains in favour  of few large MNCs and we hope to be engaged in further 
discussions on the proposal on e -commerce competition. We also look forward to remain engaged 
in the e -commerce facilitator led process in the upcoming sessions, as well as engaged on the 
outcome of t he SOM with the view to enhancing the developmental dimension discussion and to 
bridge digital divide including for small islands as we see e -commerce as a vital tool to strengthen 
our trade competitiveness. With this we align our intervention with the sta tement delivered by 
Samoa on behalf of the ACP Group and likewise the Pacific statement as just delivered.  WT/GC/M/207  
 
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  2.163.   The representative of Samoa  on behalf of the ACP Group  delivered the following statement:  
2.164.   The ACP Group  thanks  the facilitator  for her report  and excellent  steering of the discussions to 
reinvigorate the e -commerce Work Programme. The dedicated discussion themes have been 
balanced and informative. The coverage in the discussions highlighted exchanges of views and 
perspectives on a number of issues incl uding the development dimension and on the role of the 
WTO. The ACP Group has actively contributed to the dedicated discussions. Our  Group's  submission  
for the Work Programme  will soon be circulated.  
2.165.   The representative of Guyana , on behalf of CARICOM , delivered the following statement:  
2.166.   The CARICOM Group thanks India and South Africa for their communications. We also join 
others in thanking the Facilitator, Ambassador Dwarka -Canabady, not only for her report today, but 
also for her astute stewardship in the context of our efforts to reinvigorate the Work Programme on 
Electronic Commerce. We have had just short of a year of robust dialogue, anchored in large measure 
by a focus on the development dimension. Our thematic discussions to date have underscored, 
among other elements, the value of the convening power of the WTO, possibilities for technical 
assistance and capacity building and the importance of experience -sharing among Members. It would 
be important for Ministers at MC13 to recognize this positive enga gement and give further direction 
and focus to our post -MC13 work. We discern that there is appetite to deepen our engagement on 
some key topics addressed to date and perhaps this could inform the crafting of the 
recommendations to be put to Ministers at M C13. 
2.167.   The CARICOM Group assigns great importance to the Work Programme as a multilateral 
platform for discussions and a possible conduit to multilateral negotiations on the trade -related 
aspects of e - commerce. The Work Programme has served as a mechanism t hrough which issues of 
concern to CARICOM and many developing countries, especially those pertaining to the development 
dimension, could be ventilated constructively. The discontinuation of the Work Programme would 
create a vacuum in digital trade multilat eralism. Thus, the Group strongly supports and advocates 
for the continuation of the Work Programme and the extension of the moratorium and as important 
MC13 outcomes.  
2.168.   On the moratorium in particular, we have had extensive discussions on this subject, both  in 
the last year and over many years. We also had some Senior Officials weigh in on this question last 
week. In addition, the Group acknowledges the recent update from the Director -General regarding 
the imminent availability of a study on the subject co -authored by the OECD, UNCTAD, IMF, World 
Bank and the WTO. We welcome signals from Delegations regarding openness to discuss and settle 
the question of renewal of the moratorium well in advance of the Ministerial. We think this is a 
prudent and preferred ap proach and stand ready to continue engaging pragmatically and 
constructively in this regard. Finally,  the CARICOM  Group  aligns  with the ACP Group statement on 
this item.  
2.169.   The representative of Antigua and Barbuda , on behalf of the OECS , delivered the following 
statement:  
2.170.   We align with the  statements by the  ACP and CARICOM Groups . Let me place on record our 
gratitude to Ambassador Canabady of Mauritius for her incredible work, ably supported by the 
Secretariat, in facilitating the reinvigoration of the e-Commerce Work Programme, including 
deliberations on the Moratorium.  At MC13, we should report to Ministers on the work that has been 
done to reinvigorate the Work Programme in line with the MC12 mandate. We think that there is 
scope to narrow the issues going forward, with a heavy emphasis on bridging the digital divide for 
developing and LDC Members; strengthening the legal and regulatory frameworks; sharing of 
experiences and collaboration with other international organizations.  
2.171.   On the Moratorium, it i s our understanding that some work has been done or is being done 
by the WTO and other international organizations. We trust that this will be made available to 
Members soon. We remain open, ahead of MC13, to further discussions with Members that have 
expressed concerns or reservations about continuing the Moratorium. In the OECS, anxiety is 
building, as several of our stakeholders, such as players in the orange economy inclusive of 
musicians and creatives that rely on digital platforms, that collapsing the  Moratorium can have grave WT/GC/M/207  
 
- 25 - 
 
  consequences. We ask that the interests and concerns of all Members be taken into account so as 
to arrive at a balanced and reasonable outcome.  
2.172.   Finally, we thank India and South Africa for their communication in WT/GC/W/902/Rev.1 . 
Broadly speaking, we share the concerns in this paper regarding market concentration in e -
commerce. The implications of market concentration are damning across the board, yet many small 
economies lack the regulatory sophistication or capacity to pursue anti -trust action to rein in anti -
competitive behaviour . This underscores the need for more structured discussions under the Work 
Programme on legal and regulatory frameworks which we hope can have the benefit of relevant 
external expertise.  
2.173.   The representative of the European Union  delivered the following statement:  
2.174.   The European Union welcomes the interest among Members to implement the MC12 decision 
on e-commerce and, in particular, the intensified engagement we have seen on development - and 
digital trade -related issues. We are glad to see the Work Programme truly reinvigorated, particularly 
its development dimension. The meetings have been constructive and have allowed Members to 
share their valuable views on topics put forward by the Facilitato r. In our view, these discussions on 
the challenges and opportunities of e -commerce are extremely important for developed and 
developing countries alike.  
2.175.   The discussion on the moratorium has been particularly insightful. The European Union notes 
the clear support for the extension of the moratorium expressed at the dedicated sessions of the 
Work Programme. We have heard numerous members, both developed and developing members 
alike, support the maintenance of the moratorium due to its key importance to the d evelopment of 
the digital economy and trade. The European Union fully shares this view. In terms of the way 
forward for the Work Programme, we believe that we should continue with regular meetings and 
delve deeper into more specific elements of the topics discussed so far, particularly following 
questions raised by the members.  
2.176.   We take note of the communication from India and South Africa on promoting competition 
in e-commerce. The EU is ready to engage in his discussion, which should first take place unde r the 
Work Programme, before bringing it to the General Council. If broadly supported, this issue may 
also be a suitable subject for discussion in the context of a renewed Work Programme after MC13. 
Finally, I want to thank the Ambassador of Mauritius for her efforts in facilitating our Work 
Programme discussions. We look forward to further engagement based on facts and getting into 
specific discussions as soon as possible to identify a way forward on both the Work Programme and 
the multilateral e -commerce moratorium well ahead of MC13.  
2.177.   The representative of the United States  delivered the following statement:  
2.178.   First, let me thank Ambassador Usha Dwarka -Canabady for facilitating important work. We 
welcomed the opportunity to contribute to the discussions this  year on a variety of important topics, 
including on the scope and impact of the moratorium. The most concrete step WTO Members can 
take to foster a robust digital economy is to extend the moratorium. This would provide predictability 
to traders, cost -savings to consumers, and facilitate the exchange of content and technology, 
particularly for businesses in developing countries.  
2.179.   On the communication from India and South Africa, the paper raises complex issues that 
involve agencies and relevant authorities t hat typically discuss these and related issues in other 
forums, not in the WTO. That said, if it were appropriate to discuss some facets of the paper, the 
appropriate place would be the E -Commerce Work Programme, not the General Council. The Work 
Programme  has a full agenda that garnered broad support from Members. We will discuss the 
substance of this paper if the Chairperson calls for a meeting on this.   
2.180.   As part of WTO reform, we would encourage Members to not add agenda items to the 
General Council for A mbassadors to discuss before the relevant experts have had a chance to 
engage.  We did not have adequate time to discuss this paper with our relevant agencies. It will not 
only help us to shorten our already bloated agenda, but will also lead to more produc tive discussions 
when issues are brought to us here.  WT/GC/M/207  
 
- 26 - 
 
  2.181.   The representative of Nigeria  delivered the following statement:  
2.182.   Nigeria wishes to thank India and South Africa for placing this issue on the agenda. We thank 
the Facilitator for her report. Digital trad e is growing rapidly, and its performance has become an 
important determinant of the distributional effects of trade, and growth. However, as aptly captured 
in the paper, developing countries are only capturing an insignificant fraction of the growth in gl obal 
digital trade due to digital divide and digital exclusion. It is for this reason that Nigeria consistently 
maintains that discussions under the Work Programme should be geared towards the delivery of 
outcomes that would foster the development of the e -commerce ecosystem in developing countries. 
In this regard, we welcome the ongoing constructive engagements by Members on the development 
dimension of the Work Programme on Electronic Commerce. We support the work programme and 
look forward to the adoptio n of an inclusive and development -oriented agenda at MC13.  
2.183.   The paper shed light on some competition -related difficulties in developing countries that 
need to be addressed to ensure equitable distribution of the benefits of digitalization. As highlighted 
in the paper, we are also of the opinion that focused discussions on this matter, including sharing of 
Member experiences, would be useful, particularly for developing countr y and LDC Members. We 
welcome the guiding questions which , in our view , would foster constructive discussions on this 
issue. We would share our response to these questions in subsequent meeting of the General 
Council. We will also continue to engage constructively with Members on this issue , so we can 
collectively flesh out t he role that can be played by the WTO in promoting competition in e -
commerce.  
2.184.   The representative of Jamaica  delivered the following statement:  
2.185.   Jamaica joins other delegations in thanking Ambassador Canabady for her detailed report 
and commendable facilitat ion of the Work Programme on Electronic Commerce. We acknowledge 
the membership's collective efforts to fulfill the mandate of our Ministers delivered at MC12. As a 
small, developing country keen on transitioning to a digital economy, our efforts within th e context 
of the WTO on e -commerce are timely and critical. For this reason, at the national level and through 
CARICOM, we have actively participated in dedicated discussions that explored topics of interest, 
including the digital divide, consumer protecti on, legal regulatory framework, and the moratorium.  
2.186.   One of the common themes that emerged through our discussions was the convening role 
of the WTO, and we were pleased with the efforts of the Facilitator and the Secretariat in organizing 
the Session with  the international organizations in June. Jamaica supports a further deep dive into 
topics such as the digital divide and the legal and regulatory framework to better define the role of 
the WTO and how, with the support of international organizations and d evelopment banks, we can 
streamline holistic support for developing countries. Further to the point on the complex and 
multidimensional nature of e -commerce, we thank South Africa and India for their communication, 
which presents another critical issue of our consideration, that of competition promotion in e -
commerce. In keeping with your directive, Chair, we will present our reactions to that proposal in 
the dedicated process.  
2.187.   On the moratorium on customs duties on e -commerce, Jamaica that more work needs  to be 
done to concretely bridge the gap. It may be prudent to consider the renewal of the moratorium 
until the next Ministerial Conference, in keeping with past practice to allow for further work. In this 
connection, my delegation looks forward to the nex t dedicated discussion, where the WTO 
Secretariat will present the findings of a collaborative study conducted with the IMF, OECD, UNCTAD, 
and World Bank. Rest assured of Jamaica's continued contribution to this process.  
2.188.   The representative of Singapore  delivered the following statement:  
2.189.   Allow me to thank India and South Africa for their submission WT/GC/W/902/Rev.1  on 
competition in e -Commerce and look forward to deeper discussions at the dedicated 
session.  Singapore would like to first commend Ambassador Usha Dwarka -Canabady for her 
leadership in advancing discussions on the Work Programme on e -Commerce. Singapore welcomes 
the rigorous consultations and discussions at past WPEC Dedicated Sessions. Like other Members, 
Singapore actively participa ted, for example by sharing our experiences on (i) our new overseas 
vendor registration system and (ii) Digital Economy Agreements (DEAs). We believe that Members' WT/GC/M/207  
 
- 27 - 
 
  diverse contributions underscore the successful reinvigoration of the Work Programme on Elec tronic 
Commerce, in line with Ministers' instructions.  
2.190.   Singapore also agrees with many Members from around the room on the importance of 
kickstarting efforts early to tie down a Ministerial Decision on the Moratorium on Customs Duties on 
e-Commerce, and no t leave it until the eleventh hour at the 13th Ministerial Conference (MC13). 
Singapore strongly supports a permanent removal of customs duties, which will underpin a stable 
and predictable environment for the digital economy to grow. As we approach MC13, we urge more 
developing Members to come on board to minimally support an extension of the Moratorium. In 
closing, Singapore encourages Members to continue engaging in evidence -based discussions at the 
WPEC Dedicated Sessions. As discussions mature, we sugg est that Members identify key trade -
related topics to conduct deeper examination. We further welcome bringing external stakeholders, 
such as international organisations and private sector players, to complement the discussions and 
share practical perspecti ves. 
2.191.   The representative of Indonesia  delivered the following statement:  
2.192.   I extend our appreciation to the Facilitator of Dedicated Discussion on E - Commerce.  Her 
dedication  in driving  the discussions  within  the Work Program on e -Commerce, and bridging the 
divergent views among Members, are crucial in this process. Indonesia firmly advocates for 
continued dialogue on e -commerce within the framework of the Work Programme. This  Forum  stands  
as a pivotal  platform  for Members  to exchange  insights  and experiences and  bolster the involvement 
and capabilities of developing countries and LDCs in digital trade and e -commerce. We support the 
ongoing conversations regarding the moratorium on customs duties on electronic transmissions. We 
must engage proactive ly with open mind, seeking evidence -based insights into the scope, definition, 
and impact of the moratorium. We must also preserve the policy space for developing countries and 
LDCs.  
2.193.   We reiterate our support for the paper on "Promoting Competition in E - Commerce" 
submitted by India and South  Africa, which highlights the critical challenges faced by developing 
countries and LDCs in the evolving E - commerce landscape. Substantial disparities in digital 
infrastructure, access to capital, and technological capa bilities between developed and developing 
countries, remains as our huge concerns. Such gaps granted first -mover advantages to firms in 
developed countries, leading to a concentration of market power within a few multinational 
corporations.  Moving forward,  the WTO must foster stronger discussions and facilitate the exchange 
of knowledge on competition -related matters in e -commerce. This will be instrumental in ensuring 
the equitable distribution of the benefits of digitalization, particularly for developing  countries and 
LDCs. We  are committed  to working  collaboratively  towards  an inclusive  and equitable digital trade 
landscape.  
2.194.   The representative of Bangladesh  delivered the following statement:  
2.195.   Under the sub -item on Work Programme on E -Commerce, the delegation of Bangladesh 
aligns with the statement delivered by Djibouti on behalf of the LDCs. Our delegation thanks the 
Facilitator for e -Commerce Work Programme for the commendable work and her rep ort. Our 
delegation supports that a ny discussion on the E -Commerce Work Programme must include 
development as the central element with a view to ensuring that the developing countries and LDCs 
accrue benefit from e -Commerce. The delegation of Bangladesh al so looks forward to participating 
the informal discussion in the next thematic session on e -commerce moratorium.  
2.196.   On the reinvigoration of the E -Commerce Work programme, our delegation thanks India and 
South Africa for providing updates on some of the e -commerce issues and challenges and for the 
communication on Competition in E -Commerce in document WT/GC/W/902/Rev.1 . Bangladesh 
supports exploratory discussions on the basis of the guided questions in the communication. Our 
delegation earlier pro posed, and today we reiterate the call, that the review of the e -Commerce 
Work Programme should be maintained as a standing agenda item in the GC and the other relevant 
WTO bodies. Bangladesh looks forward to engaging constructively with Members on this is sue.  WT/GC/M/207  
 
- 28 - 
 
  2.197.   The representative of Barbados  delivered the following statement:  
2.198.   Barbados thanks the Facilitator for the excellent work that she has done thus far in guiding 
us in reinvigorating the Work Programme. When I compare the discussions today versus a year  ago 
- it is clear engagement has improved. Our focus on development has further exposed the digital 
divide between developed and developing WTO Members but it has also importantly highlighted 
some opportunities to narrow the gap. Further work is necessary  on both the development dimension 
of the Work Programme and the scope, definition and impact of the moratorium on customs duties 
on electronic transactions. In the wider scheme of things, the renewal of the Work Programme and 
the continuation of the tempo rary moratorium are low hanging fruit that we must harvest in advance 
of MC13.  
2.199.   We welcome the communication from South Africa and India and thank them for their 
presentation especially the focus given to the need to ensure e -commerce works for MSMEs. We 
agree that drawing on the experience of other agencies like UNCTAD and ITU would be wise. 
E-commerce is one of the elements that must be harnessed in driving development in the twenty -
first century. Given the nature, diminutive share and position in the eco mmerce ecosystem, 
competition policy is an area of natural interest to Barbados. We are of the view that we can benefit 
from a more thorough discussion on this issue in the dedicated discussions. Barbados aligns with 
the statements by the CARICOM and ACP G roups and remains committed to working with all 
Members on the E -Commerce Work Programme, including on ensuring a positive report to the 
Ministers of progress made.  
2.200.   The representative of Paraguay  delivered the following statement:  
2.201.   Paraguay would like to th ank the Facilitator for her leadership in conducting the dedicated 
sessions. We believe that the discussions have been positively reinvigorated in accordance with the 
mandate of MC12. In this regard, we wish to reiterate our support for the extension of th e Work 
Programme and the moratorium until the next Ministerial Conference. We would also like to point 
out that for our country it is important that the moratorium be extended without prejudice to the 
power to apply internal taxes or other charges to digit al services.  
2.202.   Paraguay agrees that we should continue the debate on the moratorium's definition, scope 
and economic impact, and we therefore look forward to the next dedicated session that will be held 
in November, as well as the launch of the joint report by the OECD, the WTO, UNCTAD, the World 
Bank and the International Monetary Fund. Lastly, we would like to thank the delegations of India 
and South Africa for circulating their communication, WT/GC/W/902/Rev.1 , on the importance of 
promoting competition in e -commerce. We believe that competition in the digital sphere is a topic 
that should continue to be discussed from the standpoint of development, in particular, because of 
the need for Members to share experiences relating to regulatory progress and mechanisms to 
strengthen digital competition.  
2.203.   We also wish to deepen discussions related to other aspects of the digital divide. As a 
landlocked developing country, Paraguay faces  many challenges: weak digital infrastructure and 
connectivity, competitive costs for internet connection services, regulatory challenges and the need 
to train the population in digital skills. We therefore encourage Members to continue discussions 
from th e standpoint of development, with a view to obtaining a proposal setting out the terms of the 
extension as soon as possible.  
2.204.   The representative of Hong Kong, China  delivered the following statement:  
2.205.   On the Work Programme on E -Commerce, I would like to star t by registering Hong Kong, 
China's appreciation of the able leadership of Ambassador Canabady. She has been instrumental to 
the reinvigoration of the work under the Work Programme, following our MC12 mandate. Intensified 
discussions on various topics with  active engagement by the WTO membership at large inspire 
confidence that the Work Programme is on solid footing to deliver outcome at MC13. The next MC is 
less than four months away; it is indeed high time for us to prioritize evidence -based discussions o n 
issues that have a direct impact on trade flow. The extension of the moratorium on e -commerce 
stands out in this respect. The moratorium provides the business community with the much needed 
predictability for the revival of trade in the post -pandemic era . The world expects WTO to make 
progress and do our utmost to close divergence. Hong Kong, China looks forward to seeing the joint WT/GC/M/207  
 
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  report of the WTO, UNCTAD, the IMF, the OECD and the World Back on the impact of the moratorium, 
as it will inform a construc tive discussion based on facts and evidence.  
2.206.   With the benefit of evidence -based discussions and the very wide support already there from 
Members at different stages of development, Hong Kong, China is optimistic that a General Council 
decision for an exte nsion of the moratorium beyond MC13 should be the second concrete outcome 
after the one on LDC graduation. New disciplines in the area of consumer protection are also crucial 
to healthy trade growth and the relevancy of the WTO in responding to changes in the world 
economy. Hong Kong, China will continue to accord our highest priority to working constructively 
with Members in robust discussions on these important issues in the run -up to MC13.  
2.207.   The representative of Switzerland  delivered the following stateme nt: 
2.208.   Switzerland welcomes Ambassador Dwarka -Canabady's report and thanks her for her 
excellent facilitation work. The thematic sessions were highly instructive, and Switzerland 
appreciates the quality of the exchanges that took place. They helped to achieve  the objective of 
reinvigorating the Work Programme, and enabled preliminary exchanges on several themes. They 
also contributed to a better understanding of the implications of the moratorium and its scope.  
2.209.   We also note the recent publication of new studie s and policy notes by the OECD and the 
IMF that will contribute to evidence -based exchanges. Let me here draw Member's attention on the 
OECD Trade Policy Paper of October 2023 that take a full picture of the impact of the Moratorium by 
looking beyond the f iscal implications and identifying the potential benefits of the Moratorium or the 
costs associated with its lapse. Switzerland will continue its constructive involvement in the 
preparatory work for MC13, with a view to enabling Ministers to decide on the continuation of the e -
commerce moratorium and Work Programme. Regarding the latter, work after MC13 should in our 
view focus on trade -related issues that enjoy broad interest across the membership.  
2.210.   The representative of China  delivered the following statem ent: 
2.211.   China would like to thank Ambassador Canabady for her tireless efforts on guiding the 
dedicated discussions. We welcome the good progress achieved thus far. We also thank India and 
South Africa for their proposal on promoting competition in e -commerce  and look forward to having 
discussion on the 4 important and meaningful questions in the proposal. Taking into consideration 
the complexity of these questions, we believe the dedicated discussions chaired by Ambassador 
Canabady is a good place to discuss this proposal. As MC13 is fast approaching, China suggests 
intensifying our work to harvest the e -commerce. To this end, we should start relevant discussions 
as soon as possible to identify possible elements in the draft Ministerial Decision. For us, the 
elements should include: (i) recognition of the importance of the Work Programme, especially its 
development dimension, as well as the work done so far; (ii) extending the moratorium to MC14; 
(iii) guidance on post -MC13 discussions.  
2.212.   The representative of Cambodia  delivered the following statement:  
2.213.   My delegation aligns with the statement by the LDC Group. At the dedicated session held on 
21 September 2023, my delegation highlighted the useful tools of e -commerce that contributed to 
economic growth but the sh are of digital activities in the LDCs remains a small percentage. In this 
context, I reiterate that LDCs, including Cambodia, face similar challenges such as weak digital 
infrastructural development, legal and regulatory frameworks, and payment systems not  working 
efficiently. To strengthen the capability and leverage the opportunities of e -commerce for 
development for least developed countries, an urgent need to be addressed in all difficult aspects of 
electronic commerce that are listed in the 2019 LCD Gr oup proposal WT/GC/W/787 . To this end, our 
delegation of the view that a report resulting from the dedicated/ sharing sessions related to the 
development of the LDCs should be reported to MC13.  
2.214.   The representative of Egypt  delivered the following statement:  
2.215.   We thank Ambassador Usha Dwarka -Canabady for her leadership in facilitating the 
discussion in the dedicated discussions and for her insightful report. We should also thank India and 
South Africa for their valuable presentations and for the submission of th eir document. We welcome 
the document's emphasis on the need for equitable distribution of benefits in e -commerce, urging WT/GC/M/207  
 
- 30 - 
 
  closer collaboration between regulators and highlighting the WTO's role in addressing competition 
issues. It also poses guiding questi ons for members to share experiences and suggestions on 
promoting competition in digital markets and e -commerce.  
2.216.   Promoting Competition in Digital Markets requires open access to data among businesses, 
reducing barriers to entry for new players. It requires  Implementing antitrust laws to prevent 
monopolistic behaviour  and encourage fair competition it further requires ensuring consumer data 
privacy, transparency, and fair treatment, to foster trust and encourage market participation. 
Challenges faced by Deve loping Countries in E -commerce, which hinder market participation, include 
Insufficient digital infrastructure and internet access, concentration of market powers, limited 
technical expertise and resources for businesses and regulatory bodies, challenges i n tailoring 
policies to balance economic growth while protecting local businesses from unfair competition 
internationally and domestically, and certainly challenges pertaining to their limited access to capital 
and financial resources for startups and smal l businesses.  
2.217.   The WTO, through the dedicated session, has a role in fostering competition in e -commerce 
by, (i) Developing a standardized policy framework to ensure fair competition globally. (ii) 
Addressing and providing proper solutions to challenges fac ed by developing countries including 
LDCs. (iii)  Assisting developing countries and LDCs in acquiring the requisite public infrastructure as 
well as in building their capacities and in understanding regulatory measures, including on 
competition policy and regime, support their participation in e -commerce globally including with 
respect to bridging the digital divide among and within countries. (iv) Ensuring that the benefits and 
opportunities of e -commerce are distributed more equitably among all Members. W e advocate for 
measures to prevent anti -competitive practices and stresses the importance of robust consumer 
protection regulations. Collaboration among African countries is essential to address cross -border 
competition issues, emphasizing the importance o f AfCFTA in this endeavour . The issue of the 
moratorium should be subjected to further analysis and should be assessed against facts and 
evidence to support or otherwise declined the development aspect therein and eventually inform our 
final decision in th at regard.  
2.218.   The representative of Pakistan  delivered the following statement:  
2.219.   I would like to extend appreciation to Ambassador Usha Chandnee Dwarka -Canabady for 
her dedication in bridging the divide  among members through structuring the discussion. We 
welcome the paper submitted by India and South Africa, which underscores the need for cooperation 
in developing regulatory framework that promotes competition both locally and globally. We support 
the position expressed by Indonesia not to extend the e -commerc e moratorium for necessary policy 
space for the developing countries.  Nevertheless, we eagerly look forward to data -driven evidence 
on the benefits or otherwise of the moratorium that focuses on development dimension. We are 
looking forward to next themati c session discussion on 14 November.  
2.220.   The representative of India delivered the following statement:  
2.221.   Just to thank everyone who had participated and responded to this paper. To those who 
pointed out that it is not the right forum, we were compelled to bring it and discuss it here because 
the next dedicated session on 14 November will be on the moratorium.  Before any decision on the 
moratorium is taken, competition is a very important topic for discussion. We would have preferred 
that this topic could also be discussed in the dedicated sessions. Because we have listed the recent 
activities in various countr ies including developed countries, where they are taking counter -
competition measures in respective areas. We also highlight that how India is dealing with this and 
particularly on the open network for digital commerce which is the true democratization of digital 
commerce or e -commerce for the people as well as the sellers.  
2.222.   The General Council took note  of the report of the Facilitator and of the other statements.  WT/GC/M/207  
 
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  C. MC12 - Paragraph 8 of the Ministerial Decision on the TRIPS Agreement – Duration 
of Extend ed Deadline 8, 9 
D. Buenos Aires (MC11), Nairobi (MC10) and Bali (MC9)  
2.223.   The Chairperson  delivered the following statement10: 
2.224.   I will only focus on areas where there are new developments to report since the previous 
meeting of the General Council and that h ave not been covered in any way under the previous sub -
items. In doing so, I am mindful that some of the matters that we discuss under this item intersect 
with MC12 outcomes – and have already been covered under the previous sub -item and in document 
JOB/GC/357  on "Follow -up Work from the Twelfth Ministerial Conference", which contains the state 
of play on a number of areas which are also relevant to this sub -item.  
2.225.   For any areas that I do not mention today and have not been co vered in document 
JOB/GC/357 , the report that I delivered in July stands (contained in JOB/GC/353 ). Starting with the 
LDCs services waiver, the LDC Group updated the Council for Trade in Services in October on its 
intended written communication on how to impleme nt the MC12 mandate related to the waiver - 
indicating that it had set up an online questionnaire to obtain additional insights from LDC service 
suppliers for the preparation of its communication.  
2.226.   As per Members' request, on 5 October the Secretariat organ ized a workshop on improving 
LDC services trade data. The event brought together statisticians from LDCs, developed, and 
developing Members, and from International Organizations, to discuss the experiences, challenges 
and possible solutions related to coll ecting and compiling services trade data in LDCs.  
2.227.   On preferential rules of origin for LDCs, Members are currently holding consultations on a 
report from the Committee on Rules of Origin to the General Council on the implementation of the 
Bali and Nairobi M inisterial Decisions. The report is a result of the 2022 Committee Decision and of 
paragraph  8 of the MC12  Outcome Document. The intention is to finalize a draft and have it adopted 
for the last General Council meeting of the year.  
2.228.   On trade facilitation, t he current rate of implementation commitments stands at just under 
77% for the entire WTO membership and almost 70% for developing country and LDC Members 
together. The rate of implementation commitments for LDCs is now approaching 44%. The 
Committee on Tr ade Facilitation continues its work to address the lag in implementation through the 
provision of technical assistance and capacity -building support.  
2.229.   On Aid for Trade, Ambassador Sánchez -Fung, Chairperson of the Committee on Trade and 
Development informs m e that on 9 October the CTD Aid for Trade agreed a new monitoring and 
evaluation exercise. This exercise will help us understand the trade and development priorities of 
developing economies and LDCs, donors, South -South partners, and regional economic 
comm unities. Members and observer organizations have until the end of this month to submit their 
replies to the self -assessment questionnaires. I encourage everyone to participate in this exercise.  
2.230.   The Director -General  delivered the following statement:  
2.231.   I und erstand that there has been a very good level of engagement by Members in the 
preparation of this year's Aid for Trade monitoring exercise.  It is heartening to see the Initiative 
generating continued interest and commitment, both in Geneva and elsewhere.  
2.232.   I applaud the Indian G20 Presidency for identifying Aid for Trade as an action area. In the 
G20 New Delhi Leaders' Declaration, they recognized "the importance of WTO's "Aid -For-Trade 
Initiative" to enable developing countries, notably LDCs, to effectively  participate in global trade, 
including through enhanced local value creation". And also "welcomed all efforts to mobilize 
necessary resources in this regard".  
 
8 WT/L/1141 . 
9 Item 2.C. was taken up together with Item 2.A.(i).  
10 The Chairperson's statement was subsequently circulated in document  JOB/GC/369 . WT/GC/M/207  
 
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  2.233.   Past monitoring and evaluation exercises have also enjoyed widespread participation.  More 
than 200 Members, Observers and observer organizations have participated in the exercise since it 
was first launched in 2007. To support you in this task, the Aid for Trade Unit in the Development 
Division is organizing a series of online regional outreach even ts on 9 and 10 November. Keep an 
eye out for the communication on those events.  
2.234.   If we can receive a wide range of responses from Members at all levels of development that 
will give us a representative sample from which we can draw conclusions and gain insi ghts about 
the trade and development priorities of developing countries, regional economic communities, and 
the policies of bilateral, regional, and multilateral donors, including South -South partners.  
2.235.   It will give us a better understanding of how trade i s being "mainstreamed" into development 
strategies and the ways that Members see trade as serving their economic development objectives. 
And also, the pressures that the poly -crisis are placing on mobilizing development finance to improve 
trade capacity.   
2.236.   I am confident that these insights will contribute to our collective efforts to enhance the 
effectiveness of Aid -for-Trade interventions – and craft a way forward for the Initiative beyond June's 
Global Review.  It is also going to be useful information in the context of our on -going discussions on 
trade and development more generally, and investment and development as well.  
2.237.   I plan to give Members further details on the organization of the Global Review at the next 
General Council meeting in December.  What I can say at this stage is that we are targeting the week 
of 24 June 2024 to hold this event. For now, let me echo the Chairperson's request to please reply 
to the self -assessment questionnaires by the end of the month.  
2.238.   The representative of India delivere d the following statement11: 
2.239.   Sorry to come in under this item today, though it is not forming part of your report. This 
relates to the Ministerial Decision in Bali, then in Nairobi, and then in Buenos Aires, which is the 
Permanent Solution to Public Stockh olding for food security purposes. We have seen during the 
Senior Officials' meeting on 23 and 24 October, very clearly highlighting the concerns and the 
importance given by large number of Members, especially the developing country Members to past 
Ministe rial Decisions, especially to the mandate provided to the Permanent Solution to the Public 
Stockholding and SSM. We did our analysis of interventions because we had the privilege of listening -
in attendance. So, during the three breakout sessions on agricul ture, 88 Members made 
interventions and nearly 60 Members out of those 88 Members, called for a Permanent Solution to 
the Public Stockholding for food security purposes at MC13.  
2.240.   In the past, we have noted that the credibility of the Organization will be at risk if it does 
not deliver on the mandated issues. We have also requested that the compilation of all outstanding 
Ministerial Decisions be brought before the General Council by  the Secretariat, so that we are able 
to track those decisions and take necessary actions. We would like to mention a few points on PSH. 
One, what is the clear message what Senior Officials have given during the SOM. We hope Members 
who object to achieving  the Permanent Solution to PSH as per the mandate, realize that they are 
primarily responsible for not achieving any meaningful reforms in agriculture. For India, there cannot 
be a decision on food security without a Permanent Solution to the PSH. Hence, w e have suggested 
starting with JOB/AG/229 on a Permanent Solution for Public Stockholding that this negotiation will 
reach conclusion, which is not only the ask of India, but more than 80 Members . One of the reasons 
why we are asking is because it is being p ortrayed as we are giving heavy subsidies.  
2.241.   We hear that this Organization should be fit -for-purpose and 21st century Organization. But 
when it comes to Public Stockholding, we refer to 1986 -1988 price and anything given by Indian 
government to Indian farmers above USD3 for 100kg of rice and USD4 for 100kg of wheat is 
calculated as subsidy in the WTO. So, this way, it is n ot just to blame Members  for subsidizing. And 
this way , it is not just to come in the way of a successful tool , which has served the purpose of food 
 
11 Following the meeting , the delegation of India submitted subsequently their  oral and written 
statements to the Secretariat for inclusion in the record. India's written statements have been included in the 
Annex, as requested.  WT/GC/M/207  
 
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  security, not only for 1.4 billion people, but also through production and to other needy and friendly 
countries in their hours of need.  
2.242.   The representative of Nigeria , on behalf of the African Group , delivered the following 
statement:  
2.243.   It is crucial that we maintain this agenda item, as it allows for the membership to reflect on 
whether the WTO is fulfilling Mi nisterial mandates. Unfortunately, the WTO's inability to implement 
agreed decisions and mandates remains a significant concern, contributing to the inequity we 
observe in benefits from the Multilateral Trading System. The ongoing COVID -19 pandemic and the  
resulting food crisis have further exacerbated this issue, underscoring the need to deliver on the 
mandate outlined in Article 20 of the Agreement on Agriculture. This includes concluding the 
outstanding work on disciplines related to trade -distorting dom estic support, a permanent solution 
on Public Stockholding (PSH), and disciplines on cotton and Special Safeguard Mechanism (SSM). 
We emphasize that the delivery on the outstanding Doha Development Agenda (DDA) issues is 
critical if the WTO is to fulfil it s development mandate. Therefore, we urge Members to prioritize the 
fulfilment of outstanding Ministerial mandates.  
2.244.   The representative of Brazil  delivered the following statement:  
2.245.   With respect to the mandates from previous Ministerial Conferences related to agriculture 
reform, Brazil thanks the SOM final report produced by the Director -General and the GC Chairperson, 
which now fully reflects different views expressed during the meeting on the mandates we have in 
agriculture and the necessity of making prog ress holistically in the agriculture negotiations on the 
basis of Article  20 of the Agreement on Agriculture and obtaining credible results on all issues of 
interest to Members, including the Hong Kong 2005 mandate to address cotton ambitiously, 
expeditiou sly and specifically. MC13 has been portrayed as a Reform Ministerial, but as far as my 
delegation is concerned reform begins with agriculture, and that is what will determine its success.  
2.246.   The representative of Paraguay  delivered the following statement:  
2.247.   We did not plan to take the floor but in light of the statements we have heard, I would like 
to point out that my delegation was among those that mentioned the need to deliver an outcome on 
public stockholding at the Senior Officials' meeting, bearing in mind that such an outcome should be 
balanced and take into account the mandate under Article 20 of the Agreement on Agriculture, a 
holistic agricultural reform that covers domestic support, market access and all negotiating topics. 
Paraguay is of the view that there is no food security without agricultural reform.  
2.248.   The representative of Indonesia  delivered the following statement:  
2.249.   The urgency of addressing global food security challenges remains of paramount importance, 
including for WTO. Indeed,  the WTO needs to continue  playing  its pivotal  role, within  its mandate, in 
ensuring food security for all. In  this regard,  it will be difficult  to deliberate  on achieving  food security  
without due consideration to  ever-growing challenges, including unprecedented and most recent 
crises. On this note, Indonesia would like to condemn in the strongest terms the senseless and 
violent attacks carried out by the occupying power, especially those targeting innocent civilians and 
important infrastructure in G aza strip. We  call for immediate  end to irresponsible  actions  and 
atrocities,  that disregard international humanitarian law and constitute as blatant violation of human 
right principles.  
2.250.   Leading to MC13, we must not be complacent and forget the crucial out standing tasks from 
Bali and Nairobi. True global food security requires nations to ensure their own domestic food 
security.  In this regard, one outstanding issue that remains a priority for Indonesia is agriculture, 
with a focus on achieving a lasting sol ution to the Public Stockholding issue. Failing to progress on 
the issue of PSH would undermine our response to current and future food crises. As we commit to 
reforming agriculture, we must address the historical imbalances. We urge bridging differing vie ws 
and exploring innovative PSH solutions.  Indonesia  is calling  for a text-based  negotiations,  with joint 
proposal JOB/AG/229  as its basis, towards an equitable PSH resolution.  WT/GC/M/207  
 
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  2.251.   The representative of Cambodia  delivered the following statement:  
2.252.   My delegation aligns with the statement made by the LDC Group. Our delegation just recalled 
and urged for the effective and productiv e implementation of those decisions that are necessary for 
LDCs to address challenges; among them such as Services waivers, Duty -Free and Quota -Free 
market access, and Rules of Origin. In this connection, we urge Members to have constructive 
engagement and  provide positive flexibility on LDCs' proposals, especially to respond to the 
challenges in differentiating utilization rates of preferential arrangements that my delegation 
presented at the Committee on Rules of Origin held on 12 October 2023.  
2.253.   The repres entative of Djibouti , on behalf of the LDC Group , delivered the following 
statement:  
2.254.   For several years, LDCs have been waiting for the operationalization of the decisions adopted 
in their favour  in Buenos Aires (MC11), Nairobi (MC10) and Bali (MC9). We rei terate our call for the 
operational implementation of these decisions, in accordance with paragraph 8 of the MC12 Outcome 
Document. In the context of the services waiver and DFQF market access, Ministers instructed the 
General Council to report to the Thir teenth Ministerial Conference on progress. They also instructed 
the Committee on Rules of Origin to report on its work to the General Council prior to MC13. The 
LDC Group believes that the implementation of these decisions would send a positive signal to t heir 
people by showing that the WTO is capable of delivering results for all its Members and on all issues. 
The effective implementation of these decisions still promises to have a positive impact on promoting 
the development of LDCs.  
2.255.   The representative of  Egypt  delivered the following statement:  
2.256.   We emphasize the importance of maintaining the agenda item relating to WTO's fulfillment 
of Ministerial mandates, underscoring the organization's obligation to implement agreed decisions. 
This should include and pr ioritize the issue of reaching a permanent solution for public stockholding 
for food security. We also advocate reforming the agreement on agriculture. Nonetheless the 
challenges we are facing today require us to adopt a flexible approach to agree on the m atters that 
are much needed now to address those challenges. Food security is one of those challenges that 
necessitates immediate action. Action which should be decoupled from the ag reform in its totality.  
We should also stress the urgency of addressing r elated to trade -distorting domestic support, and 
disciplines on cotton and Special Safeguard Mechanism in the context of Article 20 reform. This 
reform should not be about levelling  the playing field among all Members and operators.  
2.257.   The General Council took note  of my report under sub -item 2.D., the statement of the 
Director -General and of all the statements made.  
3  WORK PROGRAMME ON SMALL ECONOMIES – REPORT BY THE CHAIRPERSON OF THE 
DEDICATED SESSION OF THE COMMITTEE ON TRADE AND DEVELOPMENT  
3.1.  The Chairperson  recalled that, in accordance with the agreement in the General Council in 
2002, the Work Programme on Small Economies is a standing item on the agenda and the Committee 
on Trade and Development reported regularly on the progress of work in its Dedicated Se ssions.  At 
MC12, Ministers reaffirmed their commitment to the Work Programme and instructed the CTD to 
continue its work in Dedicated Sessions under the overall responsibility of the General Council.  
3.2.  Ambassador José Sánchez -Fung (Dominican Republic), Chairperson of the Committee on Trade 
and Development , delivered the following statement:  
3.3.  I would like to recall the Decision taken by Ministers at MC12 on the Work Programme on Small 
Economies, which is found in documents WT/MIN(22)/25  and WT/L/1136 . 
3.4.  The Decis ion contained, inter alia , a reaffirmation of Ministers' commitment to the Work 
Programme on Small Economies. Note was taken of all the work conducted to date, and the CTD 
was instructed to continue its work in the Dedicated Session on Small Economies unde r the overall 
responsibility of the General Council. The Dedicated Session was to continue monitoring the progress 
of the small economy proposals in WTO bodies and in negotiating groups with the aim of providing WT/GC/M/207  
 
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  responses, as soon as possible, to the trade -related issues identified for the fuller integration of SVEs 
into the multilateral trading system.  
3.5.  In terms of future work, instructions were given for the Dedicated Session to work on the topic 
of "integrating small economies into the post COVID -19 econo my: effects of the pandemic, 
challenges and opportunities."  
3.6.  I previously reported on a meeting of the Dedicated Session that was held on 30 March to allow 
Members to begin discussions on the mandated topic. A background document by the Secretariat – 
contained in document WT/COMTD/SE/W/45  – was presented an d discussed at the meeting.  
3.7.  On the basis of my subsequent consultations with Members, a second meeting of the Dedicated 
Session was held on 19 October to focus more specifically on the "challenges and opportunities for 
small economies in the post COVID -19 recovery phase". For this meeting, presentations were made 
by the Commonwealth Secretariat, the South Centre, UNCTAD and the World Bank. Experience -
sharing presentations were also made by three members of the SVE Group – Ecuador, El Salvador 
and Sri Lanka .   
3.8.  Useful discussions on the mandated topic took place at both meetings, with many substantive 
contributions by delegations. The members of the SVE Group highlighted the challenges their 
economies have faced since the crisis caused by the COVID -19 pandemi c – as well as subsequent 
crises – but also pointed to a number of opportunities that may be available to small economies 
going forward. Other delegations also participated actively in the discussions. I would be happy to 
arrange any further discussions th at Members may wish to have on this topic.  
3.9.  Another meeting of the Dedicated Session will be held on 16 November. At this meeting, the 
Dedicated Session will notably consider a proposal for a Ministerial Decision at MC13 on the Work 
Programme on Small Econo mies, which will be circulated shortly by Guatemala, on behalf of the SVE 
Group.  
3.10.   It is my hope that Members will be able to agree to this text at the meeting on 16 November. 
Once approved, and in line with the practice in the run -up to a Ministerial Conference, the intention 
would be for the Dedicated Session to submit a report to the General Council on its work.  
3.11.   The representative of Guatemala , on behalf of the SVEs , delivered the following statement:  
3.12.   On behalf of the SVE Group, let me st art by extending a warm welcome to the new Permanent 
Representatives joining us today, we look forward to work together in the various activities of this 
Organization. To the Ambassadors who are leaving us, we wish them all the best and success in 
their ne w endeavours . The Small Economies Group would like to thank the Chairman of the 
Committee on Trade and Development, for his report on the progress of the work of our Dedicated 
Sessions. As a follow -up to our report at the last General Council, it was repor ted that a thematic 
session would be organized, for both Members and International Organizations, to share their 
experiences and recommendations of the challenges and opportunities for small economies in the 
context of the Covid -19 pandemic.  
3.13.   We want to rep ort that it was a very productive session of which I would like to highlight the 
following results. Small economies depend on international trade for their growth and development, 
despite a small participation in the world trade, in order to increase our p articipation, can help build 
resilience and reduce the structural vulnerabilities we normally face. It is important to examine the 
WTO Agreements to identify measures that can support small economies in the implementation of 
various Agreements and also hel p in the negotiating processes.  
3.14.   The small economies work program provides an opportunity for small economies to generate 
proposals on issues of interest. Specifically, identifying policies that support overcoming the 
vulnerabilities of our countries. The m ain areas mentioned for a post -COVID recovery are digital 
economy, digitalization, diversification of production for exports, and prioritizing policies to address 
the short - and long -term consequences of the crisis. Members also recognized the necessity fo r 
development policies within the WTO structure that recognize the needs of small economies. 
Members also mentioned the need to improve the competitiveness of logistics costs and incorporate 
technological solutions in supply chains, as well as to boost tra de in services.  WT/GC/M/207  
 
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  3.15.   We thank the international organizations that have supported SVEs in providing information, 
research, and financing mechanisms, in addition to strengthening the capacity of governments. We 
would also like, to highlight the space for discus sion provided at the meeting of Senior Officials, 
which recognized the Work Programme on Small Economies and the work carried out in this regard. 
Finally, we wish to inform that we are currently drafting the proposed text for the next Ministerial 
Conferenc e, which we hope will be approved at the next meeting of the Small Economies session on 
16 November.  
3.16.   The representative of Antigua and Barbuda , on behalf of the OECS , delivered the following 
statement:  
3.17.   We associate with the statements by  the CARICOM, the A CP and the SVE Groups. Many thanks 
to the CTD Chairperson for his report. We continue to recognize the incredible work of the Secretariat 
as contained in the Background Note on Integrating Small Economies into the Post -COVID -19 
Economy. We are also gratefu l for the convening of the Dedicated Session on Small Economies on 
19 October. We remain hopeful that a Draft Ministerial Decision on the Work Programme on Small 
Economies can be one of the early harvests to be delivered ahead of MC13.  
3.18.   The representative of Barbados  delivered the following statement:  
3.19.   Barbados commends the Secretariat for the study which provided many of the answers to 
Member's requests for evidence as to why SVEs need flexibilities. We should empower Secretariat 
to do more of this analysis  on demand. The CTD serves as a laboratory for SVEs to develop proposals 
and positions in other negotiating fronts.  
3.20.   The representative of Trinidad and Tobago  delivered the following statement:  
3.21.   We thank the CTD Chairperson for his report and for his able st ewardship with respect to our 
engagement within the context of the Work Programme on Small Economies. We also take this 
opportunity to recognize the leadership of Guatemala in the context of the SVE Group and the 
ongoing efforts to prepare a draft Minister ial Decision for the consideration of the wider membership. 
What is clear from our ongoing engagement within the SVE Group is that we continue to attach great 
importance to this Work Programme and that there is great appetite for robust and meaningful 
engagement within the context of the Work Programme between MC13 and MC14. To this end, we 
hope to have the support of the wider Membership for the elements outlined in the draft for future 
work, bearing in mind that these elements reflect key priorities for t he Group as we continue to 
pursue effective integration into the multilateral trading system.  
3.22.   The representative of Maldives  delivered the following statement:  
3.23.   The Maldives would like to thank the CTD Chairperson for the update provided to the General 
Council on the progress of the work of the dedicated session on SVEs. Small Island Developing 
States, such as the Maldives, are extremely susceptible to exogenous shocks related to climate 
change and disruptions in international trade. The Covid -19 pandemic h as shown how volatile our 
economies are, especially when coupled with the effects of rising commodity prices, inflation, and 
supply chain disruptions. The current challenges concerning food security, energy security, and debt 
distress, experienced by many small island developing states have exacerbated the challenges of 
sustainable development of SVEs.  
3.24.   Contemporary measures to strengthen SVEs are therefore, imperative in order to realize their 
aspirations for peace and prosperity. Inclusive digital developm ent and enhancing investment flows 
for the development of our digital infrastructure is key to meeting current challenges and achieve 
growth, equity and sustainability. Hence, a dedicated focus on expanding our economies into the 
digital sphere is essentia l to combat economic volatility and vulnerability. We must also consider 
that these are unchartered waters. Hence, there is a need to strengthen digital governance and 
legislative measures to enhance digital and cyber security policies as we navigate throu gh the myriad 
of challenges confronting small and vulnerable economies including the lack of infrastructure and 
technical capacity constraints. We look forward to working together in the multilateral context and 
to share best practices to achieve our colle ctive vision for a sustainable future leaving no one behind.  WT/GC/M/207  
 
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  3.25.   The representative of Fiji, on behalf of the Pacific Group , delivered the following statement:  
3.26.   I make this statement on behalf of the Pacific Group and let me align with the statement 
delivered  by the SVEs and by the ACP Group. The Pacific Group thanks the Chairperson of the CTD 
for his report. We continue to stress the importance of this Work Programme to ensure that the WTO 
meets its commitment to frame responses to facilitate the full integra tion of SVEs into the global 
trading system. We appreciate the knowledge sharing among Members and the presentations from 
relevant international organizations at the Dedicated Session last month. We also note the specific 
challenges attributed to the Pacif ic, such as remoteness and distance. In terms of economic 
prospects, the Pacific has made no progress on income convergence over the past 20 years. We 
have small economies. We also grapple with economic concentration in both production and exports. 
It is w ell known that the limited size of our domestic markets make it difficult to generate economies 
of scale that are possible in larger economies.  
3.27.   The point was also made that the biggest vulnerabilities that small economies face are related 
to climate change  and natural disasters. According to the World Bank, small states experience about 
14 natural disasters per year on average in the 15 years through 2021, compared to about 8 
disasters in the 15 years through 1990. These events have caused heavy damages to the economic 
base of small states and losses that are equivalent to more than the affected small states GDP. In 
some cases, losses of more than double or three times the GDP. Considering the relevance of some 
international organi zations and contributing to  solutions to help SVEs integrate in post COVID -19 
context and taking account of the vulnerabilities to climate change and natural disasters, the Pacific 
continues to support collaborative efforts of the WTO in working with organizations. We look forward 
to engaging in the upcoming Dedicated Session on 16 November in light of a proposed Ministerial 
Decision to be tabled by the SVE Group.  
3.28.   Let me now make a statement in my national capacity. Fiji wishes to align with the ACP and 
the Pacific Group s statements,  and we thank the Facilitator for his report. The working group remains 
critical for small economies in addressing challenges , as well as in identifying opportunities for small 
economies in line with the Ministerial mandate to successfully integrate into g lobal economy. We 
look forward to working with the Facilitator and Members in finalizing a meaningful outcome for the 
SVEs to be considered by our Ministers at MC13 in the upcoming dedicated session on 16 November.  
3.29.   The representative of Jamaica  delivered the following statement:  
3.30.   Jamaica thanks Ambassador Fung for his report and his leadership. We welcomed the 45th 
dedicated session held 19 October on challenges and opportunities for small economies in the post -
Covid recovery phase. The presentations from U NCTAD, South Centre, the Commonwealth 
Secretariat, and World Bank created fertile soil for a rich discussion. It was also very useful to hear 
the experiences of fellow small vulnerable economies in this regard. This topic is one of Jamaica's 
priorities in the WTO. We thank the Chairperson, supported by the Secretariat, for taking onboard 
the proposal for appropriate fora to tackle critical issues for the development of small economies.  
3.31.   On Monday, Jamaica experienced a 5.4 magnitude earthquake. We are grateful that there 
was no significant damage on this occasion. However, it presents the real reminder of the motivation 
behind many of our interventions for resilience -building. In this regard, we reiterate our earlier 
thematic proposals on building capac ity within small economies to measure the trade impacts of 
disruptions to development, such as public health crises and natural hazards, on the economy; 
exchange of ideas and good practices among Members and with international organizations on 
measures suc cessfully applied in various circumstances in respect of building resilient economic 
systems and trade policies to respond to impacts of these development disruptors, including climate 
change; and discussing the possibilities for designing financial vehicl es to improve small economies' 
access to finance, which includes climate finance, for improved adaptation to the trade performance 
of small economies in a dynamic and evolving global trade environment. Jamaica reaffirms its 
commitment to the implementation  of the Work Programme and stands ready to engage actively in 
this regard.  
3.32.   The representative of Mauritius  delivered the following statement:  
3.33.   Mauritius would like to thank the CTD Chairperson for his progress report on the work of this 
dedicated session an d to support the statement made by Guatemala on behalf of the SVE Group. WT/GC/M/207  
 
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  The membership has taken good note of the works conducted to date in particular as reflected in 
documents: WT/COMTD/SE/W/22/Rev.11  and WT/COMTD/SE/W/45 , titled "Integrating small 
economies into the post COVID -19 economy: effects of the pandemic, challenges and opportunities." 
We are on the eve of MC13 and, when we take into account of the decision reached for SVEs at 
MC12 last year  and we say that some mileage has been made under the CTD, SVEs remain in the 
same precarious situation as pre MC12. We are yet to see the formulation and the implementation 
of some concrete measures to address the problems of Small Economies and t he deter iorating 
international conjuncture with the geopolitical instabilities and this is in a moment when the SVEs 
are reeling and recovering from the disastrous effects of the pandemic . 
3.34.   We cannot obliviate that the majority of the SVEs are in fact NFIDCs and th eir precariousness 
in terms of food security will have to be addressed on an urgent basis. To integrate SVEs in the 
multilateral trading system and new international trade challenges arising we need to urgently: (i) 
Assess the effectiveness of the response s framed so far to integrate the Small Economies in the 
Multilateral Trading System; (ii) Develop the framework of flexibilities and support that must be put 
in place to assist them; (iii) Address the critical and excruciating challenges like supply chain and 
food insecurity amongst others. (iv) Foster their involvement in new areas like ecommerce and the 
digital technologies. We call for an enlarged, reinforced and reinvigorated participation and 
involvement towards reaching concrete outcomes for MC13 that  will address support needed by the 
SVEs to address the challenges facing them to integrate the international trading system.  
3.35.   The representative of Samoa , on behalf of the ACP Group , delivered the following statement:  
3.36.   The ACP Group  commends  the Facilitator  for the ongoing  efforts  in the Work Programme  for 
Small  Economies  and looks forward  to engaging further  in the Committee  for an outcome  towards  MC13  
that should  work towards  meaningfully  integrating  small  economies  post-COVID -19 in line with the 
mandate. For small economies to be integrated successfully, a number of factors should be 
considered, a basis of which was reviewed earlier in March this year in document 
WT/COMTD/SE/W/45 . This document should be reviewed  and updated  as a basis for further  
discussion  in the Committee including exploring opportunities as possible headways within the WTO 
and its relevant partners.  
3.37.   The representative of the United Kingdom  delivered the following statement:  
3.38.   We wanted to come in qui ckly to recognize the importance of this issue. We really wanted to 
welcome the excellent Small Economies evidence sharing session and to thank the Chairperson, the 
Secretariat and everybody that inputted to the session. We are also looking forward to the 
opportunity to review the draft Ministerial Decision on this issue at the upcoming session.  
3.39.   The General Council took note  of the report of the Chairperson of the CTD and of the 
statements made.  
4  COMMITTEE ON BUDGET, FINANCE AND ADMINISTRATION – REPORTS ON MEETINGS 
OF JUNE, JULY AND SEPTEMBER 2023 ( WT/BFA/213 , WT/BFA/214 , WT/BFA/215 ) 
4.1.  The Chairperson  drew Members attention to the reports of the Committee on Budget, Finance 
and Administration, in documents WT/BFA/213 , WT/BFA/214  and WT/BFA/215 , and invited 
Ambassador Bettina W aldmann  (Germany), Chairperson of the CBFA, to introduce them.  
4.2.  Ambassador Bettina Waldmann (Germany), Chairperson of the Committee on Budget, Finance 
and Administration , delivered the fo llowing statement:  
4.3.  Since my last report to the General Council, the Committee has meet on several occasions. In 
my remarks today, I will provide some highlights of the formal meetings of the Committee that took 
place on 27 June, 18 July, and 21 September 2 023. The reports of those meetings are contained in 
documents WT/BFA/213 , WT/BFA/214 , and WT/BFA/215 . I will also provide some highlights of the 
carry-over of discussions of other meetings that have taken place since then.  
A. WTO 2024 -2025 Budget Proposal  
 WT/GC/M/207  
 
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  4.4.  As you  know, a key priority for the remaining weeks of the year is to ensure a smooth and 
timely passage of the 2024 -2025 WTO and ITC budgets. Indeed, the WTO and ITC budget proposals 
were formally presented to the CBFA on 18 July 2023, before the summer break. The Director -
General joined us to explain the budget request. The proposals were also discussed at the CBFA 
meetings held on 21 September and 17 October.  
4.5.  Moreover, with regard to the WTO 2024 -2025 budget proposal ( WT/BFA/W/643 ), the 
Secretariat has organi zed six informal technical sessions to provide background information and 
respond to questions raised by Members. In total, this has meant more than 10 hours of informal 
technical sessions. For example, questions regarding HR and staffing considerations we re addressed 
at a technical session held on 11 September. Non -HR Technical Budget Elements were discussed on 
18 September. In addition, the Secretariat addressed budget -related questions at informal technical 
sessions held last month on 2 October and 12 Oc tober.  
4.6.  I would like to express appreciation to Deputy Director -General Ellard and to the Secretariat 
for holding these informal briefings to address questions raised by Members. In addition, the 
Secretariat has been available to meet bilaterally with Memb ers to address specific questions.  
4.7.  I would also like to thank WTO Members for the openness and commitment they have 
demonstrated working together on budgetary matters, in support of this Organization and the 
Secretariat.  
4.8.  The goal now is to continue to wor k hard, and to make a recommendation for approval by the 
General Council before the end of the year. An email was sent out to Members the other day, on 30 
October, to outline next steps.  
B. 2022 WTO Financial Performance Report ( WT/BFA/W/632 ) and the Rep ort of the Independent 
External Auditor ( WT/BFA/W/639 ) 
 
4.9.  Turning to other matters, I am pleased to report that the Independent External Auditor has 
issued an unqualified audit opinion on the WTO's Financial Statements. I am also pleased to report 
that the  CBFA endorsed, at its meeting held on 27 June, the WTO Audited Financial Statements for 
the year ending 31 December 2022. In addition, the Committee endorsed the transfers between 
budgetary sections outlined in paragraph 2.30 of document WT/BFA/W/632 .  
4.10.   With respect to these items, the CBFA is therefore submitting the following recommendations 
to the General Council for approval:  
4.11.   "The Committee recommends that the General Council approve the transfers between 
budgetary sections as outlined in paragraph 2. 30 of document WT/BFA/W/632 . The Committee 
further recommends that the General Council approve the WTO Audited Financial Statements for the 
year ended 31 December 2022."  
C. WTO Pension Reform  
 
4.12.   Following comprehensive discussions and debate, the WTO Pens ion Plan Management Board 
submitted a revised proposal to the CBFA, which recommends taking action to address the Pension 
Plan's funding gap. The proposal is contained in document WT/BFA/W/644 , dated 7 July 2023. It 
takes into consideration feedback from stakeholders in CBFA meetings, informal consultations, and 
input from Members, staff, and retirees. It is important to take a timely decision on the Managemen t 
Board's recommendation as it can be expected to have budgetary implications going forward.  
4.13.   Regarding the question of pension reform, I should also mention that the WTO Pension Plan 
received an unqualified opinion for the year ended 31 December 2022 from the External Auditor. 
The report of the External Auditor is contained in document WT/BFA/W/637 . In line with the 
Management Board's observations, the External Auditor also drew attention to the need to address 
the Pension Plan's actuarial imbalance.  
D. WTO Secretariat Transformation Exercise  
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  4.14.   I would like to express my gratitude to Deputy Direct or-General Ellard for the helpful written 
and oral updates she has provided at each CBFA meeting regarding the Secretariat Transformation 
Process, most recently at the meeting of the CBFA held on 17 October (see also JOB/BFA/92) . Since 
the end of May, the f ocus has been on digital tools and technology. For example, the Secretariat will 
roll out a new e.delegates platform in the near future, and a new Import Licensing online notification 
and portal in early 2024 – all of these resources have been requested by  Members.  In addition, the 
development of the Secretariat's Strategy through 2030 is well underway. Work is currently focused 
on elaborating in more detail the content of the five strategic pillars and two enablers that will form 
the core of the Secretaria t's 2030 strategy.  
E. Update of Audio -Visual Equipment in WTO Conference Rooms ( WT/BFA/W/650 )  
 
4.15.   I am also pleased to report that the CBFA approved the utilization of an amount of CHF 
6,717,040 from the Building Renovation Fund to finance the upgrade of audio -visual equipment 
located in Rooms A, B, C, D, E, F, S1, S2, S3, and W. As reported by the Secretariat, the audio -
visual equipment in these rooms was installed in 2011 -2012 and is no longer serviced. Because this 
equipment is experiencing significant problems, it is in urgent need of replacement.  
F. 2022 Annual Report on Diversity in the WTO Secretariat ( WT/BFA/W/648 ) 
 
4.16.   Finally, I should also mention that the Secretariat presented key elements of the 2022 Annual 
Report on Diversity at the meeting of th e CBFA held on 21 September. The report provides detailed 
data on the composition of the WTO workforce by membership and gender, as well as the evolution 
of staff diversity by Member and regions since 1995. It also contains statistics on staff recruitment 
and gender balance. Issues of diversity, inclusion, and gender are being actively addressed through 
workshops and campaigns at the WTO.  
4.17.   The Chairperson  proposed to take action on the reports and recommendation as referred to 
by the Chairperson of the Budge t Committee.  
4.18.   The General Council (i) approved  the Budget Committee's specific recommendations in 
paragraph 4.16 of the report contained in WT/BFA/213 ; (ii) took note  of Ambassador Waldmann's 
statement; and (iii) adopted  the reports contained in WT/BFA/213 , WT/BFA/214  and WT/BFA/215 . 
5  OTHER BUSINES S 
5.1  European Deforestation Regulation EUDR – Request by Honduras, on behalf of 
Argentina; Bolivia; Brazil; Colombia, Dominican Republic, Guatemala, Honduras, Mexico, 
Panama, Paraguay and Peru  
5.1.  The Chairperson  recalled that the delegation o f Honduras requested to make a statement under 
"Other Business", on behalf of a group of Latin American Members – with regard to a paper on 
deforestation that they were currently working on ahead of the December General Council  meeting.  
5.2.  The representative  of Honduras , on behalf of the delegations of Argentina, Bolivia, Brazil, 
Colombia, the Dominican Republic, Guatemala, Honduras, Mexico, Panama, Paraguay and Peru , 
delivered the following statement:  
5.3.  Our countries reaffirm their commitments to environmental  objectives and principles. In 
particular, we emphasize very strongly our commitment to combating deforestation and forest 
degradation. However, we are concerned about how the European standard addresses these issues. 
We find it regrettable that it does no t take into account local specificities and capacities or domestic 
laws.  
5.4.  Let me report that we will circulate a communication and request the inclusion of a specific 
item on this topic at the next meeting of the General Council. In this regard, we extend a warm 
invitation to Members interested in this topic to join in incorporating their concerns. At the same 
time, we urge the European Union to work with its trading partners to find mutually satisfactory 
solutions to these concerns.  
5.5.  The representative of Argentina  delivered the following statement:  WT/GC/M/207  
 
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  5.6.  We are convinced that the European legislation can be improved to adequately reflect local 
circumstances, national legislation, and certification mechanisms in developing countries. We 
strongly believe that a fai r and collaborative approach is always more constructive when 
implementing "one -size-fits-all" solutions. Indeed, we advocate a collaborative approach to 
addressing global challenges such as climate change, loss of biodiversity and pollution, while 
recogni zing the specificities of our country and developing countries. Argentina reiterates its 
commitment to the 2030 Agenda for Sustainable Development, its goals and multilateral 
environmental goals. In this context, we believe that our efforts and achievement s as regards the 
sustainability of national agri -food systems deserve fair recognition.  
5.7.  Given our role as partners of the European Union in multilateral environmental forums and the 
WTO, we hope that the directives for the implementation of the legislation  and risk assessment are 
developed by the European Commission through cooperation and consultation. In particular, we 
believe that in this process, the European Commission has the opportunity to consider the challenges 
that a unilateral regulation like the  Regulation on Deforestation -free products (EUDR) poses to 
developing countries, especially to their small producers, which is an issue that was not taken into 
account in the drafting of the Regulation.  
5.8.  Argentina strongly believes in the sustainability of its bovine, soybean and timber production. 
We value dialogue as a means of ensuring recognition of the environmental achievements of our 
agri-food system, which is supported by national regulations and certification systems that merit 
adequate consideratio n. Therefore, with a view to promoting forums for dialogue that allow us to 
listen to one another and find solutions to our differences, we support the inclusion of the proposed 
item in the agenda of the General Council meeting on 14 -15 December 2023. We b elieve it is 
essential to address this issue comprehensively and collaboratively in a competent forum involving 
all interested parties.  
5.9.  The representative of Ecuador  delivered the following statement:  
5.10.   Ecuador is one of the 20 countries that signed the let ter sent to the European Union in Brussels 
last August expressing deep concern over the deforestation regulation that will enter into force in 
December 2024.  We echo  the statement delivered by Honduras and reiterate the concerns about 
the trade and socio -economic flaws in the European regulation. We hope, as indicated in the 
statement, that a collaborative dialogue will enable us to resolve the issues raised, cover the 
sustainable development agenda and adequately address the considerations and concerns of  
developing countries. Ecuador, in coordination with fellow Latin American countries and countries 
from other regions that signed the August 2023 communication, will continue to follow -up on this 
issue and on the relevant steps taken at the WTO and in othe r fora.  
5.11.   The representative of Brazil  delivered the following statement:  
5.12.   We thank the delegation of Honduras for introducing this item and for its intervention on 
behalf of a number of Latin American countries.  Our concerns on this matter are well -known and 
have been repeatedly voiced both in bilateral and multilateral settings. Foremost among them is the 
possibility that the EU Regulation will hinder rather than contribute to our efforts against 
deforestation. D eforestation is an issue that requires a multidimensional approach. Law enforcement 
against illegal deforestation is necessary, but equally important is to make alternative means of 
livelihood available to the millions of people that live near forests.  
5.13.   This involves creating enabling conditions - and the necessary revenue streams - for them to 
prosper and, at the same time, adopting sustainable use of the forest's resources.  The European 
Regulation focuses solely on trade restrictions. Its benchmarking sys tem will discriminate between 
producers based on criteria unilaterally set by the EU. This unilateral, top -down approach will disrupt 
supply chains and transfer costs upstream. If the EU genuinely aims for cooperation with producing 
countries, these concer ns must be addressed meaningfully. We reiterate our call for the EU to abide 
by the multilateral trade rules of the WTO.  
5.14.   The representative of Thailand  delivered the following statement:  
5.15.   Chairperson, I will follow your guidelines that we should not commen t extensively on the 
substance, so I would like to thank you, the distinguished representative from Honduras who WT/GC/M/207  
 
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  introduced the issue on behalf of the Latin American Members. Thailand is one of the 17 that signed 
a joint letter in response to the European Union's Regulation on Deforestation -free products (EUDR) 
in Brussels. We have already brought to attention of Members this issue at the Committee on 
Agriculture meeting. Thailand does not doubt that the EU regulation is actually well -intended, but it 
has n evertheless caused concerns in many developing countries, including Thailand, and we would 
like to emphasize that we strongly support efforts to reduce deforestation and protect the natural 
environment.  
5.16.   But we believe that the one -size-fits-all approach i s unlikely to deliver best results and violates 
the principles of common but differentiated responsibilities. From our point of view, the EUDR is 
projected to have heavy impact on variety of type agricultural products, particularly rubber, some 
food indust ries as well as furniture which are all high value export to the EU. I would just end by 
thanking Honduras, as well as other colleagues who have spoken before me, and we support to 
discuss this issue in the future deliberation of the General Council.  
5.17.   The representative of Malaysia  delivered the following statement:  
5.18.   As one of the popular actors in the deforestation drama, Malaysia is excited to engage with 
the proponents and the relevant parties and look s forward to contributing our views in this important 
issue. I believe it is appropriate to bring this issue to the General Council, as we recognize the 
importance of sustainability and green initiative, most importantly its implementation issues, which 
were intensively discussed during this year's WTO Public  Forum. Furthermore, we also endorse this 
topic as one of our priorities by allocating a dedicated session during the recently concluded SOM. 
We look forward to receiving the communication.  
5.19.   The representative of Indonesia  delivered the following statement : 
5.20.   Indonesia would like to thank Honduras and other likeminded Members for bringing attention 
to this important agenda item. Indonesia  has been closely  monitoring the unfolding development  of 
the EU's Deforestation and Forest Degradation policy. We  continue  to hold the view that this 
regulation,  which  imposes  a set of rules for a wide range of commodities presumably associated with 
deforestation and forest degradation - remains potentially trade discriminatory in nature. Indeed, 
with the implementation of such regulation, selective commodities such as cattle, cocoa, palm oil 
and its derivatives, soy, wood, leather, chocolate, furniture, rubber, charcoal, and printed products 
will be subject to a special mandatory due diligence mechanism. N ot only that, we also view that 
the ever -stringent sustainability criteria imposed  by this regulation  tends  to be discriminatory  and 
punitive  in nature.  It will  eventually  curtail  our market  access  to Europe.  It might  also cause  serious 
disruption to the g lobal supply chain of the said commodities.  
5.21.   At the same time, we are not yet convinced that such measure will create a long -lasting and 
meaningful impact to the on -going global efforts of saving more forests of the world. Instead, what 
is clearer at presen t are the obstacles  for small  scale producers  and developing  Members  in both 
meeting such criteria and enabling their products to enter the European market. Taking  into account  
these  unaddressed  growing  concerns,  and in line with the joint letter dated 7 September 2023 from 
producing countries - addressed to the  high officials  of the European  Union,  we urge the EU to 
continue  their open dialogue and outreach activities, especially those involving producing countries 
on this issue. More importantly,  the EU needs to show that these valid concerns from developing 
members are being fully taken into consideration.  We need more concrete measures and policies to 
cushion the impacts from such  sustainability  demand,  especially  in terms  of providing  more support  
and resources for small -scale producers to achieve sustainability goals. Going forward, Indonesia 
stands ready to engage constructively  on this issue on  various  related  committees  in WTO,  including  
but not limited  to Committee of Agriculture and Co mmittee of Trade and Environment.  
5.22.   The representative of Australia  delivered the following statement:  
5.23.   The concerns raised by the Latin Group here today raise an important issue. We want to take 
this opportunity to draw to Members' attention another effort t o outline a positive vision for the 
relationship between trade and sustainability. In September the Cairns Group submitted a paper to 
the Committee on Agriculture called "The Contribution of the Multilateral Trading System to 
Sustainable and Resilient Agri culture and Food Systems" ( G/AG/GEN/222/Rev.1 ). WT/GC/M/207  
 
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  5.24.   The statement made a few key points. First, agricultural import measures put in place in the 
name of environmental sustainability purposes should not be unnecessarily trade restrictive. Second, 
there is no 'one size fits all' approach when it comes to achieving environmentally sustainable food 
security. Third, unilateral approaches risk an undermining of the rules -based multilateral trading 
system. Sustainability -related trade measures need to be  science - and evidence -based and focused 
on achieving environmental outcomes. We take this opportunity to extend an invitation to all 
interested WTO Members to work with us on the statement, which we look forward to submitting to 
the December General Counc il meeting.  
5.25.   The representative of Nigeria  delivered the following statement:  
5.26.   We want to thank Honduras and others for introducing this issue. We engaged the European 
Union through the African Group on discussion on the deforestation, as well as CBAM , wher e we 
raised major concerns on the implications and the impact of some of those policies in our economy. 
Therefore, with this introduction, we are supporting of putting it in the next agenda, so that we can 
holistically discuss the issues and find solutions . 
5.27.   The representative of Canada  delivered the following statement:  
5.28.   We believe that the EU deforestation measure is an important issue, and we share many of 
the concerns raised. We believe this issue is worth substantive discussion. We look forward to 
discus sing, including in the upcoming TBT Committee. Canada will contribute.  
5.29.   The General Council took note  of the statements.  
5.2  Statement by the Chairperson in connection with Administrative Measures for 
Members in Arrears  
5.30.   The Chairperson  recalled that the Genera l Council Procedures for Members and Observers 
subject to Administrative Measures in WT/BFA/132  required that, at the end of each meeting of the 
General Council, the Chair of the Committee on Budget, Finance and Administration provided 
information with regard to which Members and Observers were under Administrative Measures.  
5.31.   Ambassador Bettina Waldm ann (Germany), Chairperson of the Committee on Budget, Finance 
and Administration , delivered the following statement12: 
5.32.   The Administrative Measures applicable to Members and Observers in arrears have been in 
place since 1 March 2013.  
5.33.   In accordance with a decision previously taken by the General Council, I shall state all 
Members and Observers under all categories of administrative measures.  
5.34.   However, before doing so, I would like to acknowledge a payment received from one Member 
since my last report to you on 24 July. As a result of this payment, Guinea, which was previously in 
Category III, is still subject to Administrative Measures but now in Category II.  
I would also like to take this opportunity to encourage other Members under Category III to make 
use of the possibility of initiating consultations towards the establishment of a payment plan, if that 
is helpful to them in meeting their obligations.  
5.35.   Having said that, as of today, 1 November 2023, there are a total of 15 Members and  
6 Observers subject to Administrative Measures.  
5.36.   The following four Members are currently in Category I: Afghanistan; Congo; Ghana; and 
Suriname.  
5.37.   The following four Membe rs are in Category II: Cuba; Dominica; El Salvador; and Guinea.  
 
12 The statement by the CBFA Chairperson was subsequently circulated in JOB/GC/370 . WT/GC/M/207  
 
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  5.38.   The following seven Members are in Category III: Antigua and Barbuda; Central African 
Republic; Chad; Guinea -Bissau; Papua New Guinea; Bolivarian Republic of Venezuela and Yemen. 
Central Afri can Republic and Chad are not compliant with payment plan terms.  
5.39.   There is one Observer in Category I: Comoros.  
5.40.   The following two Observers are in Category II: Lebanese Republic and South Sudan.  
5.41.   There are three Observers in Category III: Sao Tomé and Prin cipe; Somalia and Syria.  
5.42.   The Chairperson  noted that, as also required by the General Council Procedures, she 
requested Members and Observers in Categories II and III of the Measures to inform the Secretariat 
as to when their payment of arrears could be exp ected.  
5.43.   The General Council took note  of the statement.   
_______________  
 
  WT/GC/M/207  
 
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  ANNEX  
WRITTEN STATEMENTS BY THE DELEGATION OF INDIA  – SUBSEQUENTLY SUBMITTED FOR 
INCLUSION IN THE RECORDS IN ADDITION TO THE ORAL STATEMENTS  
ITEM 2 - FOLLOW -UP TO OUTCOMES OF MINIST ERIAL CONFERENCES  
A. MC12 - WTO Reform  
(i) Statement by the Chairperson  
 
• Incremental improvements in the day -to-day functioning of the WTO bodies to facilitate the 
participation of Members therein, by way of reform by doing, are well appreciated. These are 
well captured in document JOB/GC/359 . India has also made several suggestio ns, including 
as contained in its recent proposal dubbed as 30 for 30.  
• WTO Reform must also work on improving conduct of Ministerial Meetings to make the process 
transparent, inclusive, and conducive to extensive participation developing countries 
particip ation and decision -making process.   
• We have certain concerns too. Any measures in the name of WTO reform should not : 
i. alter the rights and obligations of members.  
ii. impinge or compromise, in any way, on the foundational principles and structure of 
organisation, including its member driven  multilateral character and consensus -based 
decision making are not comprised.  
iii. attempt changing the scope of external engagement. External engagements should 
remain in the confines of the informal forums like Publi c Forums, seminars, and other 
informal engagements.   
iv. further burden the developing countries and LDC in any function/pillar of the WTO, 
remaining cognizant of their capacity constraints.  
v. overlook the long pending and mandated agenda to prioritise any new a genda of 
interest to a few.   
• On dispute settlement reform, India strongly favours two -tier dispute settlement  mechanism 
with restoration of appellate body.  
B. MC12 - Work Programme on Electronic Commerce  
(i) Report by the Facilitator  
(ii) Reinvigoration of  the Work Programme on E -Commerce - Promoting Competition in 
E-Commerce (WT/GC/W/902/R ev.1) - Communication from India and South Africa  
• First, on the Facilitator 's report - we welcome the intensified deliberations under the Work 
Programme on E -Commerce this year, which have been received very positively by the WTO 
membership. These discussions have highlighted the critical and yet the complex nature of 
the digital economy and underscore the need for adopting a "festina lente " or "make haste, 
slowly " approach.   
• We commend the spirited work of the Facilitator Amb. Usha Canabady  in convening the work 
programme dedicated sessions under the auspices of the General Council. We expect this 
process to cover all mandated WTO bodies as per the original 1998 decision and continue in 
2024 and beyond, so that members can benefit fr om the richness of diverse national 
experiences.  WT/GC/M/207  
 
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  • Second, let me talk about our latest paper WT/GC/W/902/R ev.1 – Promoting Competition in 
E-Commerce. We welcome South Africa as a co -sponsor to this paper. The developed 
countries' lead in digital infrastructure, easier and cheaper access to capital and skills in data 
collection, storage and processing has provided a first -mover advantage to their firms in e -
commerce. Unlike conventional businesses, e -commerce companies are able to exercise a 
much wider and deeper span of control over business operations across geographies and 
business verticals cutting across functi ons, commodities and services verticals through digital 
platforms.   
• On the other side of the spectrum, the ability of developing countries to export goods and 
services through e -commerce platforms, or even serve the domestic market through home -
grown playe rs, is limited on account of critical limitations such as access to capital and higher 
cost of capital, maturity and quality of digital infrastructure, level of technological development 
and logistics maturity.   
• Thus, in case of many of these countries, e -commerce businesses are largely run by a few 
major multinational companies mostly from the developed world. In this new configuration, 
developing countries and LDCs, in particular may find their data and its associated value 
capture being concentrated in a  few global digital corporations and other multinational 
enterprises that control the data.   
• Digital markets are characterised by platform, intermediation and bottleneck power among 
other features. The market concentration in this domain often leads to pre datory pricing, 
search bias, self -preferencing, margin squeezing for participants, exclusive arrangements and 
adverse impact on MSMEs.  
• These issues are not specific to the developing countries. Recent regulatory actions in several 
developed economies like  Australia, Canada, the EU, Japan, the UK and the USA show that 
these concerns are widespread, real and substantive. The recent acknowledgement by the 
USTR on the need for policy space in digital economy is a welcome endorsement of the position 
India and o ther developing countries have taken during the deliberations on E -Commerce 
since the Buenos Aires ministerial.   
• Our paper seeks to understand Members' experiences in promoting competition in digital 
markets. We ask how Members can enhance cooperation betw een their regulatory authorities 
so as to promote competition in E -commerce.   
• We welcome deliberations on this paper, which we hope will feed into and inform the decision -
making process in WTO agenda items related to E -Commerce.  
C. MC12 - Paragraph 8 of t he Ministerial Decision on the TRIPS Agreement – Duration of 
Extended Deadline  
• Chair, it is regrettable that we are unable to deliver on such a critical and mandated issue, 
despite extensive engagement and deliberations on the waiver proposal in the TRIPS  Council 
as well as in GC, for over three years, and after exhausting nearly a year for extended 
discussions on therapeutics and diagnostics a decision for extension of TRIPS MC 12 eludes 
us.  
• Chair, we must avoid entering protracted and  circular discussio ns, once again on this issue, 
Members have had sufficient time for completion of their internal processes and consultations 
and thus, we urge all members to engage with a view to strive for an outcome by the last 
General Council of this year, if not earlie r.  
D. Buenos Aires (MC11), N airobi  (MC10) and Bali (MC9)  
• The Agriculture and Food Security session during the Senior Officials Meeting held on 22 and 
23 October 2023 clearly highlighted the concern and the importance given by the large number 
of members, especially the developing country members, to the past Ministerial Decisions, 
especially to the mandated provided to the Permanent Solution to the PSH and SSM.  WT/GC/M/207  
 
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  • During the three breakout sessions on Agriculture, 88 members made interventions, and 
nearly 60 members called for a PS to the PSH at the MC13.   
• Food Security is not a non -trade concern; this is clearly borne out in the Agriculture on 
Agreement. Further, as per the Ministerial Mandates of Bali and Nairobi, the permanent 
solution to the PSH was to be achieved on a fast -track basis in the dedicated sessions. 
Unfortunately, even after ten years, this mandate is not honoured by the WTO.  
• In the past, we noted that the credibility of the organization  will be at risk if it does not deliver 
on the mandated issues.  We had also requested that the compilation of all outstanding 
decisions of our Ministers be brought before the General Council by the Secretariat so that we 
are able to track those decisions a nd take necessary actions.   
• But it seems the credibility of the organization, which is on the edge, is not a concern for many 
who continue to stonewall permanent solutions to the PSH.   
In this regard, we wish to mention few points:  
 
a. One is the clear message our Senior Official delivered in the SOM. We hope the members 
who object to achieving the Permanent Solution to PSH as per the mandate realize that 
they are primarily responsible for not achieving any meaningful reforms in Agriculture.  
The harder t hey resist the PS to PSH, the longer it will take to initiate the rest of the 
agriculture reforms.  
b. Two, we see a lot of excitement in the discussions by some members who seem to believe 
that in order to show progress in our work, we need to produce some de claration or 
decision at the MC13.  Ironically, they want to have more ministerial decisions while at the 
same time not willing to honour the past ministerial decisions.  
c. WTO is not a phone company to produce a new model each year without any substantial 
change from the previous model. If past decisions are not honoured, then there is no point 
in creating new ones.  
d.  We also heard a number of delegates speak on the Food Security decision or package - 
We want to make it very clear we had two decisions on food in  MC12. So far, they have 
not added an additional morsel of grain to the needs of the vulnerable populations and 
countries. Here we are yet again talking about yet another declaration on Food Security 
uninhibited.  
e. For India, there cannot be a decision on Fo od Security without a permanent solution to 
the PSH. Hence, we have suggested starting with JOB/AG/229  on a permanent solution 
for public stockholding, a joint proposal of three large groups accounting for more than 80 
members.  
f. Some members have said that PSH  is one of the solutions to ensure food security and is 
not the only solution. We agree.  In this regard, we have two points to mention.  
i. One, we never said it was the only solution. We have also acknowledged some other 
views that state free trade can also p lay some role in rendering food security, though 
its impact is minimal.  The FAO reports have clearly shown that only 17% of the world's 
food is traded across borders.  Further, during the pandemic time, free trade in 
agriculture or the so -called agriculture -producing countries failed to rise to the 
occasion when required. So, according to us, the argument that free trade ensures 
food security fell flat and square on its face during the past COVID -19 pandemic. On 
the other hand, the PSH programme of India rem ained resilient and provided for 800 
million people for more than 18 months.  
ii. Second, Food Security is a non -trade issue, and WTO, with its limited reach of 17%, 
cannot provide a solution to the global food security needs. Hence, it is only prudent 
that me mbers recognize this reality and let the PS to PSH be delivered at the MC13; WT/GC/M/207  
 
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  that is the only way to make progress in the otherwise stalemated Agriculture 
negotiations in the WTO.  
• We always hear in this forum that we should remain fit for purpose, this org anization should 
remain relevant for 21st century. But when it comes to agriculture, ERP or SSM we have 
decided to remain in the 80s and at the 1986 to 88 prices and therefore, anything given above 
the 1986 -88 prices is considered as subsidy.  
• And for that  reason, if Indian farmers get more than $3 per 100 kg of rice, and more than 
$4 per 100 kg of wheat that becomes subsidy and that subsidy has to be reported to WTO, if 
we want to invoke peace clause. It is in this context that India is reporting for last four years, 
and members should not take this as a joke, because none of us will be able to get even 10  kg 
of rice in $3, forget 100 kg of rice and even 10 kg of wheat in $4 even in Geneva.   
• The design and implementation of PSH have helped India maintain fo od security not only for 
1.4 billion of our own people, but the overall production has enabled us in helping the needy 
countries.  
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