INF/MSME/W/22/Rev.5  
 
29 September 2020  
(20-6612) Page: 1/2 
 Original: English  
 
 
INFORMAL WORKING GROUP ON MSMES  
DRAFT MINISTERIAL RECOMMENDATION ON PROMOTING MSMES INCLUSION  
IN REGULATORY DEVELOPMENT  IN THE AREA OF TRADE  
Communication from Canada, the Russian Federation and Uruguay  
Revision  
The following communication, dated 29 September  2020, is being circulated at the request of the 
delegations of Canada, the Russian Federation and Uruguay.  
 
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Recalling  the Declaration on the Establishment of the WTO Informal Work Programme for MSMEs 
(WT/MIN(17)/58/Rev.1);  
 
Recognizing  that regulatory changes may be particularly burdensome for MSMEs and that 
WTO Members could minimize potential challenges by assessing the impact of new rules on MSMEs 
and by providing adequate opportunity for MSMEs to comment on and adapt to new regulatory 
requirements;  
 
Noting  the discussions by the MSME Informal Working Group of horizontal and non -discriminatory 
solutions in the area of regulatory practices, which are likely to yield benefits for the particip ation of 
MSMEs in international trade;  
 
Noting  that principles of MSME inclusion in regulatory development have been established in a 
number of Members ' domestic jurisdictions and included in a number of regional trade agreements;  
 
Noting  that WTO agreements include rules on consultations with stakeholders in the process of 
regulatory development but do not explicitly refer to MSMEs;  
 
We, the members of the Informal Working Group on MSMEs,  
 
1. Encourage  WTO Members to promote the consideration of the specific needs  of MSMEs  in 
domestic regulatory development with respect  to issues covered by the WTO agreements,  
consistent with  their implement ation capacities and to the extent practicable;  
2. Draw attention  to our discussion of the following non -exhaustive list of elements of domestic 
regulatory procedures , that may be beneficial for MSMEs , with respect to issues covered by 
the WTO agreements : 
a) engagement of MSMEs, as appropriate, throughout the process of domestic regulatory  
development ; 
b) publication of drafts of regulations before their adoption, or of consultation documents 
that provide sufficient details about a possible new regulatory measure, p referably at 
an early stage of their development;  INF/MSME/W/22/Rev.5  
 
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  c) assessment of the impact of possible new regulatory measures on MSMEs and, as 
appropriate, consideration of potential steps to identify and mitigate potential 
economic impacts on MSMEs – including alternati ve compliance approaches where 
appropriate – while allowing the Member to fulfil its regulatory objectives;  
d) provision of a reas onable period of time for all the interested parties, including MSMEs, 
to comment on drafts or consultation documents related to possible new regulatory 
measures as referred to in subparagraph b);  
e) prompt publication of such adopted regulations  so as to allow economic operators to 
adapt to the new regulatory requirements;  
f) retrospective review of adopted regulations t o assess whether there are opportunities 
to more effectively achieve public policy objectives and reduce unnecessary regulatory 
burdens, including on MSMEs;  
g) making  available the public documents referred to in sub paragraph s a) through f)  in 
electronic form and provi sion of  free access to them.  
3. Encourage  WTO Members to exchange experiences on practical ways to help the participation 
of MSME s in domestic regulatory development with respect to issues covered by the 
WTO Agreements, including  on possible training and capacity building programs to help 
MSME s to understand these issues . 
 
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