RESTRICTED  
  
WT/COMTD/MMSDT/M/13  
9 December 2020  
(20-8857) Page:  1/3 
Committee on Trade and Development  
Thirteenth  Dedicated Session on the Monitoring 
Mechanism on Special and Differential Treatment    
 
  
NOTE ON THE MEETING OF 20 NOVEMBER  2020 
Chairman: H.E . Mr Mohammad Qurban Haqjo (Afghanistan)  
A. ADOPTION OF THE AGENDA  ................................ ................................ ...................  1 
B. MONITORING OF SPECIAL AND DIFFERENTIAL PROVISIONS  ................................ . 1 
- Statement by the Chairman  ................................ ................................ ........................  1 
C. OTHER BUSINESS  ................................ ................................ ................................ ... 3 
 
A. ADOPTION OF THE AGENDA  
1. The Chairman  welcomed delegations to the 13th Dedicated Session on the 
Monitoring  Mechanism (MM) on Special and Differential Treatment (S&D) of the Committee on 
Trade  and Development (CTD).1 He recalled that, due to the COVID -19 outbreak and the resulting 
suspension of all WTO meetings earlier in the year, i t had not been possible to hold a meeting of the 
Dedicated Session on the MM in the first part of 2020. The present meeting would therefore be the 
only meeting of the MM  in 2020. He was nevertheless pleased that Members had the opportunity to 
return to the ir discussions on the MM.  
2. The draft agenda as contained in Airgram  WTO/AIR/COMTD/MMSDT/11 of 23 October 2020  
was adopted . 
B. MONITORING OF SPECIAL AND DIFFERENTIAL PROVISIONS  
- Statement by the Chairman  
3. The Chairman  said that, a t the Ninth WTO Ministerial Conference (MC9) held in Bali in 
December 2013, Ministers  decided to establish the MM on S&D . The Decision  establishing the MM 
was contained in document WT/MIN(13)/45 – WT/L/920.  According to the Decision, the MM wa s to 
act as a  focal point within the WTO to analyse and review the implementation of S&D provisions. 
The Mechanism was to review all aspects of implementation of S&D provisions with a view to 
facilitating the integration of developing and least developed Members into t he multilateral trading 
system  (MTS) . The Mechanism operate d in Dedicated Sessions of the CTD . The present meeting was 
the 13th Dedicated Session on the MM , and it appear ed that the situation remain ed unchanged from 
the last meeting , which was held  in November 2019. For one thing, the monitoring of special and 
differential provisions in the Mechanism was to be undertaken on the basis of written inputs or 
submissions made by Members, as well as on the basis of reports from other WTO bodies to which 
submissions by Members could also be made. However, as Members were well aware, no written 
submissions ha d yet been made in the MM. Furthermore, paragraph 12 of the Decision establishing 
the MM stated that " The Mechanism shall be reviewed three years after its first formal meeting, and 
thereafter as necessary, taking into account its functioning and evolving circumstances". This review 
had still not taken place. As had been highlighted by previous CTD Chair persons , delegations ha d 
 
1 Due to the restrictive measures for meetings in place in Geneva in the context of COVID -19, all 
delegations were invited to follow the meeting remotely . The Chairman, who was also participating remotely, 
indicated that he had  request ed the Secretariat to stand in as required if any difficulties were encountered with 
his connection.  WT/COMTD/MMSDT/M/13  
 
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  expressed different perspec tives on the question of the review. He said that he wished to take this 
opportunity to urge Members to come to a common understanding on how to move forward with the 
MM. 
4. The representative of Hong Kong, China  said that it was of systemic concern that a Ministerial 
Decision had not been implemented for seven years. She noted that there could be many reasons 
for the absence of a written submission. One possibility could be the technical difficulties associated 
with the preparation of a submission. However, since the Decision  establishing the MM  contain ed no 
specific guidance on the written submission, Members in fact ha d substantial  flexibility in the format 
and content of the submission. Another possibility coul d be the lack of understanding o f certain 
S&D provisions, which prevent ed Members from using them , and therefore did not allow  Members  
to have a view on the operation of the provisions  in question . She recall ed that the Secretariat ha d 
compiled a comprehen sive report – contained in document WT/COMTD/W/239  – which listed  more 
than 150  S&D provisions in the WTO Agreements , as well  as S&D provisions in Ministerial Decisions. 
Some of the se provisions ha d never been invoked, while others had already expired. She believed 
that it would be useful if the Secretariat were to  make a presentation on document 
WT/COMTD/W/239, highlighting observations from the report – such as unused S&D provisions – 
and providing background facts on individual provisions. The presentation would also enable a better 
understanding o f the S&D provisions negotiated at different times. For example, while there were 
many S&D provisions in  the WTO Agreements, others  had been  negotiated later, and ha d been 
subsequently included in Ministerial Decisions. These provisions could also be considered under the 
MM. In addition , the presentation could inform Members o f S&D provisions which were being 
discussed in other WTO bodies. As a focal point for the analysis and review of the implementation 
of S&D provisions, the MM could take note of the overall discussion o n these provisions, and could 
consider how to complement the review s or processes in relevant WTO bodies. In closing , she said 
that the Decision establishing the MM contain ed details on the functions of the Mechanism  which 
were not limited to a written submission. Members could make good use of  time in the 
Dedicated  Session, and further reflect on the possible work ings of the Mechanism, in accordance 
with the Decision  establishing the MM . 
5. The representative of the United States  indicated that she wished to repeat elements of 
previous statements by her delegation. She said that the MM  was established as a focal point within 
the WTO to analyse and review the implementation of S&D provisions. The system was created to 
analyse the application of S&D provisions in order to drive more productive and specific discussions 
on their operation and possible shortfalls. Her delegation  continued to believe that the sort of 
analytical, fact -based approach envisioned in the Decision establishing the Mechanism h eld promise 
and could help drive more productive and specific discussions on the implementation of existing 
S&D provisions, including the successes and challenges in utilizing them. She also said that her 
delegation  had no objection to any Member using the Secretariat's report , contained in 
document  WT/COMTD/W/239 , as inspiration to bring forth an issue to the MM. That said, it was 
incumbent upon the Members to articulate clearly the challenges they were encountering in using a 
particular S&D provision.  
6. The representative of Japan  said that it was unfortunate that th e MM had never been used. 
His delegation  was open t o any constructive ideas to kick -start th e Mechanism, and was willing to 
engage constructively in this process. In order to strengthen S&D  provisions  and make them more 
precise, effective and operational, Members needed to know where the problems and the real 
constraints were . His delegation believed that the MM was a useful tool for that purpose.   
7. The representative of the European Union  referred Memb ers to previous statements made by 
her delegation in the Dedicated Session . She said that it was  unfortunate that there  had not been 
any written submissions by Members so far to test the working of the M M. Her delegation continue d 
to encourage Members to c ome forward with submissions in relation to the implementation of S&D. 
She also indicated that her delegation was open to new ideas , and would appreciate receiv ing the 
proposal made by Hong Kong, China, on how to invigorate  discussions in the Dedicated Ses sion. 
8. The representative of The Gambia , on behalf of the LDC Group , said that the LDC Group 
recognized the importance of the M M in review ing the implementation of existing S&D provisions 
and, where appropriate, to make recommendations for their improvement. The creation of the MM 
was a relevant gain for the WTO in terms of strengthen ing the development dimension linked to 
trade activities. The LDC Group was  aware that , for the time being, the Dedicated Session did not 
have a proposal for review, even though the Secretariat ha d prepared a document  listing more than WT/COMTD/MMSDT/M/13  
 
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  150 S&D provisions in the WTO Agreements. The LDC Group  was therefore of the view that there 
was potential to be exploited in this r egard. However, it needed to also be recognized that proposals 
had been placed  on the negotiati ng table in the Special Session of the CTD (CTD SS)  – in the context 
of improv ing several S&D provisions associated with the various covered Agreements. The aim was 
to make these provisions more precise and effective , for strengthening the integration of developing 
countries and LDCs into the MTS. Members of the LDC Group therefore considered it a priority to 
review several of the S&D provisions directly within the CTD SS, which was dedicated to negotiations. 
Furthermore , members of the LDC Group had in some cases submitted proposal s directly to the 
relevant bodies in the context of the improvement of existing S&D provisions . With regard to  
improving the functioning of the MM, the LDC Group stood ready to participate in consultations in 
order  to find solutions. He also thank ed the delegation of Hong Kong , China , for its suggestion s 
regarding how the MM could complement the work of other WTO bodies . He believed that these 
avenues could be explored further to see the extent to which they could be useful.  
9. The Chairman  said that he wished to once again urge Members t o come to a common 
understanding on how to move forward with the MM.  
10. The Committee took note  of all interventions.  
C. OTHER BUSINESS  
11. No matter was raised under "Other Business".  
12. The meeting was adjourned . 
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