RESTRICTED  
  
WT/GC/M/190  
 
23 April 2021  
(21-3469) Page: 1/174 
General Council  
1-2 and 4 March 2021    
 
  
MINUTES OF MEETING  
HELD IN VIRTUAL FORMAT ON 1-2 AND 4  MARCH  2021 
Chairperson: H.E. Dr. David Walker (New Zealand)  
The Chairman welcomed Dr. Ngozi Okonjo -Iweala to her first meeting of the General Council as 
Director -General upon assuming  office on 1 March 2021. Dr. Ngozi Okonjo -Iweala addressed1 the 
General Council at the beginning of the meeting.  
 
The Chairman bade farewell to H.E. Mr. Julian Braithwaite  (United King dom)  and expressed 
appreciation for his valuable contribution during his time as Permanent Representative.  
 
Subjects discussed2: 
 
1   REPORT ON INFORMAL TNC AND INFORMAL HODS MEETINGS  ................................ .... 2 
2   IMPLEMENTATION OF THE BALI, NAIROBI AND BUENOS AIRES OUTCOMES – 
STATEMENT BY THE CHAIR MAN  ................................ ................................ .......................  6 
3   WORK PROGRAMME ON SMALL ECONOMIES – REPORT BY THE CHAIRMAN OF 
THE DEDICATED SESSION OF THE COMMITTEE ON TRADE AND DEVELOPMENT  .............  10 
4   TWELFTH SESSION OF THE MINISTERIAL CONFERENCE – DATE AND VENUE  ............  12 
5   WTO ACCESSIONS: 2020 ANNUAL REPORT BY THE DIRECTOR -GENERAL – 
STATEMENT BY DEPUTY DIRECTOR -GENERAL  ................................ ................................  19 
6   TRIPS COUNCIL MATTERS  ................................ ................................ .........................  26 
6.1   STATUS REPORT ON THE CONSIDERATIONS BY THE TRIPS COUNCIL ON THE 
"PROPOSAL  FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS AGREEMENT FOR 
THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID -19" – STATEMENT BY THE 
CHAIR OF THE COUNCIL FOR TRIPS  ................................ ................................ ....................  26 
7   SUPPORTING THE CONCLUSION OF FISHERIES SUBSIDIES NEGOTIATIONS 
FOR  THE SUSTAINABILITY OF THE OCEAN AND FISHING COMMUNITIES - 
DRAFT MINISTERIAL DECISION - COMMUNICATION FROM BRAZIL  ...............................  39 
8   WORK PROGRAMME ON ELECTRONIC COMMERCE AND MORATORIUM ON 
IMPOSING CUSTOMS DUT IES ON ELECTRONIC TRANSMISSIONS – REQUEST 
FROM INDIA ................................ ................................ ................................ ...................  46 
9   CALL TO PREVENT EXPORT RESTRICTIONS ON COVID -19 VACCINES – 
COMMUNICATION  FROM COLOMBIA, COSTA RICA, ECUADOR, PANAMA  AND 
PARAGUAY  ................................ ................................ ................................ .....................  57 
10   INTRODUCTION OF A PAPER ON "LEGAL STATUS OF JOINT STATEMENT  
INITIAT IVES AND THEIR NEGOTIATED OUTCOMES" – REQUEST FROM INDIA  
AND SOUTH AFRICA  ................................ ................................ ................................ ....... 65 
 
1 The Director -General's full statement can be found in Annex 1 of this document.  
2 The proposed agenda was circulated in document WT/GC/W/820.  WT/GC/M/190  
 
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  11   TRADE AND HEALTH: COVID -19 AND BEYOND – UPDATE FROM CANADA  ON 
BEHALF OF THE CO -SPONSORS OF WT/GC/223  ................................ .............................  78 
12   REVIEW OF THE EXEMPTION PROVIDED UNDER PARAGRAPH 3  OF THE 
GATT  1994  ................................ ................................ ................................ .....................  82 
13   TRADE RELATED CHALLENGES OF THE LEAST DEVELOPED COUNTRIES  AND 
WAY FORWARD: A DRAFT FOR MC DECISION  ................................ ................................  84 
14   REVIEW OF WTO ACTIVITIES – REPORT OF THE WORKING GROUP ON 
TRADE,  DEBT AND FINANCE  ................................ ................................ ...........................  90 
15   APPOINTMENT OF OFFICERS TO WTO BODIES  ................................ ........................  92 
16   OTHER BUSINESS  ................................ ................................ ................................ .... 94 
16.1   Use of Interprefy Platform – Statement by Morocco  ................................ .....................  94 
16.2   Statement by the Chairman in connection with Administrative Measures for 
Members in arrears  ................................ ................................ ................................ ...........  95 
17   ELECTION OF CHAIRPERSON  ................................ ................................ ...................  95 
ANNEX 1 – STATEMENT BY DR. NGOZI O KONJO -IWEALA DURING HER FIRST  
MEETING OF THE GENERAL COUNCIL AS WTO DIRECTOR -GENERAL  ............................  104  
ANNEX 2 – STATEMENT BY DEPUTY DIRECTOR -GENERAL ALAN WOLFF – 
CHAIRING  THE MEETING AND REPRESENTING ALL DEPUTY DIRECTORS -
GENERAL AND  REPORTS BY THE CHAIRS OF THE NEGOTIATING GROUPS AT THE 
INFORMAL TNC  AND INFORMAL HODS MEETINGS HELD ON 25 FEBRUARY 2021  .........  106  
ANNEX 3 – STATEMENTS BY MEMBERS AT THE INFORMAL TNC AND INFORMAL 
HODS MEETINGS HELD ON 25 FEBRUARY 2021  ................................ ............................  118  
 
1  REPORT ON INFORMAL TNC AND INFORMAL HODS MEETINGS  
1.1.  The Chairman  recalled that the Informal TNC and Informal Heads of Delegation meetings had 
been convened on 25 February by the four Deputy Directors -General in coordination with him as 
General Council Chairman. DDG Wolff, representing all DDGs, had chaired the meeting and had 
provided a report on recent activities – in line with the interim arrangement which had been  agreed  
at the July 2020 meeting of the General Council. The Chairs of 4 Negotiating Bodies had made 
reports on progress in their respective areas, and 56 delegations had taken the floor.  
1.2.  As per past practice and as also indicated on 25 February , the report of t he Deputy Director -
General and the reports of the Chairs of negotiating bodies w ould be included in the minutes of th e 
General Council meeting. Statements delivered by delegations w ould also be included in the minutes, 
unless indicate d otherwise. As also a nnounced on 25 February , under th e item, DDG Wolff intend ed 
to provide a brief report of the discussion that had taken  place at the HODs/TNC meeting.  
1.3.  Deputy Director -General Alan Wolff, representing all DDGs , welcome d the Director -General, 
Dr. Ngozi Okonjo -Iweala.  The Deputy Directors -General and the Secretariat were pleased that she 
had assumed office t hat day as WTO Director -General. They foresaw a positive future for the WTO 
under her forthright and firm leadership in the years ahead.  Turning to his report under th at agenda 
item, in accordance with the interim arrangements put in place by the General Coun cil, he had  
chaired the first Informal TNC and Informal H ODs meeting s of 2021  on 25  February.  The meeti ng 
had been  an opportunity for Members to take stock of what had been accomplished over the past 
six months, and to update each other on their recent activities.  
1.4.  Four Chairs of Negotiating Bodies had reported in detail on their work since the start of the 
year. Coordinators of Joint Statement Initiatives had also spoke n to inform Members of their 
activities. On behalf of the DDGs, he had  provided an overview of Secretariat activities, had 
described outreach activities by the DDGs since the previous meeting and had noted the impressively 
large number of Member meetings hel d in accordance with appropriate health precautions and most 
recently not in -person.  His statement and the Chairs' reports had been  circulated to TNC participants 
in document JOB/TNC/90.  WT/GC/M/190  
 
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  1.5.  Fifty-six delegations had taken the floor to express views on a range of issues. Enthusiasm and 
optimism about the  "Ngozi Okonjo -Iweala Era" had been  evident from all statements. Delegations 
had said that they looked forward to working with Dr . Ngozi to deliv er much -needed reforms to the 
WTO – starting with an agreement on fisheries subsidies as soon as possible. Solid accomplishments 
in 2021 leading up to the scheduled Ministerial Conference had been  repeatedly mentioned.  He had  
urged Members to translate th eir enthusiasm, optimism and hope into concrete action at the WTO 
to enhance global trade 's contribution to a more effective pandemic response as well as a strong 
and sustainable economic recovery.  
1.6.  The new year h eld great promise for the WTO and the multilateral system. Turning th at promise 
into reality rested  in the hands of the Members. Members looked to the Director -General to facilitate 
the reaching of agreements. While the work of the four DDGs under the interim  arrangements had 
ended midnight the previous day – they remain ed at the disposal  of Dr. Ngozi to assist her as she 
settle d-in and to support the Members in their work.  
1.7.  On the first day of th e new leadership, he thank ed the Members for their support during  the 
last six months of the interim arrangement. He recognize d in particular the Chairs of the Committees, 
and other activities of the WTO  starting with the General Council Chair and his two facilitators, 
Ambassador  Castillo and Ambassador  Aspelund.  They c ould have stopped short of fulfilling their 
mandate when faced with opposition  but they had not. The Chairs of the Committees and Working 
Parties and the Coordinators of the JSIs also deserve d their  thanks and respect. They recognize d 
the impartiality expe cted with respect to taking sides when there were Member differences  but never 
impartiality with respect to reaching a positive result in their work. As the Director -General ha d said, 
whether the WTO fulfil led its mission was in the hand s of the Members and the Secretariat.  It was a 
challenge that c ould be met successfully with common will and  investment of the necessary effort.  
1.8.  The Chairman  thank ed the Deputy Directors -General for t heir sentiments. On behalf of the  
Membership, he thank ed DDG Wolff and through him also DDG Agah, DDG Brauner and DDG Yi for 
the leadership and resolve that they had shown in steering  the Secretariat  successfully through th e 
interim arrangement to the point where they then had a new Director -General with them th at day. 
1.9.  The representative of Burkina Faso , on behalf of the C -4 and the 36 African Country Cotton 
and Cotton Product Producers and/or Exporters , associated with the statements by the LDC Group, 
the African Group, the ACP Group and the G -90. The session of  the General Council was taking place 
against a mixed backdrop . While the COVID -19 pandemic ha d exacerbated the many difficulties that 
had plagued WTO negotiations for years, they welcome d the appointment of Dr . Ngozi Okonjo -
Iweala at the helm of the institution. Th at was a major step forward and augur ed well for the future 
given the paths already mapped out and the fresh impetus that she intend ed to bring to the 
governance of the global trad ing system.  The C -4, on the occasio n of the first meeting of the General 
Council,  reiterate d its warm congratulations and unwavering support for her mandate.  
1.10.   The C -4 commend ed the efforts of the Heads of Delegation in conducting the negotiations. 
Special mention was made of Ambassador  Gloria Abraham Peralta (Costa Rica), Chair of the CoA  
SS, for her leadership and remarkable efforts in conducting the agriculture negotiations in general 
and the cotton negotiations in particular.  While some had welcome d the progress that had been 
made, the cha llenges to achieving a mutually satisfactory outcome at the MC12 was much greater. 
Members  should take decisions at th e General Council  that were commensurate with their ambitions.  
1.11.   Clearly, expectations were hig h. Priorities should  be defined, including fo r cotton, if Members  
were to follow the letter of the Hong Kong Ministerial Declaration of 2005 which call ed on Members 
to be more flexible and to address cotton ambitiously, expeditiously and specifically. Reducing or 
even phasing out domestic support were outcomes that should be pursued at MC12 . The C-4 stood 
ready to engage in constructive discussions with all stakeholders in the negotiations on cotton with 
a view to reaching a satisfactory outcome. The C -4 was hopeful that the new approach of the C oA 
SS Chair, based on technical consultations by pillar, including those on cotton facilitated by Brazil, 
could lead to concrete proposals on which Members c ould agree.  
1.12.   Beyond its trade aspects, the cotton sector in the C -4 countries also need ed support from 
development partners especially in the current context of the pandemic which ha d had a real impact 
on already weak production capacities.  As LDCs, the C -4 did not have sufficient resources to launch 
a recovery plan for the ir cotton sector comparable to the p ackages that could be offered by WT/GC/M/190  
 
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  developed countries to their agricultural sectors affected by COVID -19. Th at could exacerbate the 
imbalances that already exist ed as a result of trade -distorting domestic support for cotton and cotton 
by-products.  
1.13.   The C -4 acknowledge d the efforts of those partners who were already providing the group 
with support to implement its "Cotton Roadmap" in particular E IF, ITC, UNIDO, Deputy Director -
General Wolff  through the Consultative Framework Mechanism and all bilateral and mu ltilateral 
partners.  In addition to agreeing on an outcome on domestic support for cotton before MC12, the 
C-4 reiterate d its call to all development partners for their continued assistance and support to 
address the legitimate concerns related to the deve lopment aspect of cotton.  
1.14.   The representative of Barbados  welcome d the new Director -General, Dr. Ngozi Okonjo -
Iweala , to her first official meeting since she had taken up her new post. Barbados looked forward 
to benefitting from her wealth of experience, kn owledge and vision on taking the WTO upward and 
onward over the next few years.  
1.15.   Although Members ha d intensified discussions on various issues , measured progress had b een 
made. As a small and vulnerable economy dependent on trade particularly on the importation of 
most of its food and energy and  the security of export s, particularly services , for employment and 
foreign exchange, Barbados was  acutely aware of the impact that the COVID -19 pandemic ha d had 
and continue d to have on growth and economic development prospects.   
1.16.   Barbados  was pleased to be a part of the ACP Group's communication in JOB/SERV/305 which 
contribute d to the discussions in the C TS SS  and examine d the challenges and opportunities for 
vulnerable ACP services sectors that ha d shouldered the burden of the impact of the COVID -19 
pandemic. Barbados  commend ed the ACP Group on submitting th at communication and look ed 
forward positively in engaging with Members in it in the CTS SS in the next few weeks.  
1.17.   Barbados continue d to be a staunch believer in multilateralism and by extension s aw the value 
in the rules -based multilateral trading system of the WTO. The principles of consensus, inclusivity 
and fairness were indispensable features of the organization and what permit ted its Members to 
participate in its decision -making function fully as well as guaranteeing that the rights and obligations 
were not nullified or impaired. Barbados  would therefore be concerned if a ny of th ose principles were 
misconstrued or applied in a way that unfairly impact ed Members.  
1.18.   Members should  not only be seen as compliers of the rules but also as rule -makers whose 
interest s were incorporated in said rules. Barbados was  concerned of any i nterpretation of the 
concept of consensus which would seemingly signal that there was agreement on text or concepts 
where no such agreement exist ed. In th at regard, Barbados  called for clear modalities on how 
consensus was defined and how texts or concepts were viewed as having reached agreements by 
Members including in the ongoing fisheries subsidies discussions.  
1.19.   The representative of Tunisia  congratulate d the new Director -General,  Dr. Ngozi Okonjo -
Iweala. Her skills and determination would ensure th e promot ion of  the multilateral trading system 
and would bring a fresh dynamic to the WTO – making sure that it remain ed an essential pillar of 
global economic governance. Tunisia wa s determined to play an active role in th e process in ensuring 
that the WTO ha d a key role in overcoming social and economic imbalances between countries 
contributing to wealth and development in the countries of the south. 
1.20.   In the intensified discussions on th e range of issues that need ed to be addressed at MC12, 
for fisheries negotiations, Tunisia  thanked  Ambassador Wills and Ambassador Chambovey  for their 
tireless efforts . Fisheries  remain ed a key issue. Tunisia had expressed c oncern that the text should 
not overlook Members' individual characteristics or the socio -economic consequences of the fisheries 
sector. The proportion in global fisheries capture was limited in some countries and several Members  
made great efforts to develop their fleets. But th ose flee ts remain ed artisanal and small -scale. 
Ensuring that that was taken into account was key for the viability of the sector. Tunisia therefore  
support ed flexibilities in the negotiating text bearing in mind th ose specific characteristics.  
1.21.   On agriculture, Tunisia welcome d the work of the CoA SS Chair and the Facilitators and 
underscore d the importance that it attach ed to those negotiations being transparent and inclusive – 
respecting Article 20 of the Agreement on Agriculture and consistent wit h the Doha mandate. Finding WT/GC/M/190  
 
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  a solution to the problem of trade distorting domestic support and bringing solutions to develop ing 
and LDC Members to achieving their food security objectives.  
1.22.   On the TRIPS Waiver, like many developing Members, Tunisia ha d allocated its limited 
resources to combatting the pandemic. In spite of the regulatory and administrative preparations, 
Tunisia  had yet to begin its vaccination campaign because it had failed to receive vaccines in spite 
of its considerable efforts and the gen erosity of some donors. The mechanisms that ha d been put in 
place at the international level to deal with difficulties in access to vaccines such as COVAX remain ed 
insufficient. The productive capacities and the deliveries were closely linked to intellectu al property 
issues. As a result, they ha d not been able to meet the demands of many countries. In fact, more 
than 85% of countries had failed to obtain enough vaccines for its population. That was why Tunisia  
support ed the initiative for a waiver of certai n provisions of the TRIPS Agreement. Tunisia  hoped 
that Members would support  the Waiver for them to  meet th ose unprecedented challenges together.  
1.23.   Substantial progress in discussions on JSIs and the efforts of Coordinators should not overlook 
the fact that  they remain ed informal. Their results should  meet the multilateral character of the 
organization and WTO rules as provided for in the Marrakesh Agreement.  
1.24.   The representative of the Plurinational State of Bolivia  reiterate d support to Dr. Ngozi Okonjo -
Iweala  in her work and believe d that the new era that she had ushered in wa s a historic opportunity 
to overcome th e current standstill and renew the institution which  include d finding  a solution to the 
Appellate Body impasse by filling the vacancies . Bolivia underscore d the importance of guaranteeing 
swift access to affordable and safe medicines – ensuring that there were no limits to the export of 
COVID -19 medicines and medical supplies. All Members should be on an equal footing in th at regard.  
1.25.   The representative of Argentina  noted that it was the first time the WTO  had a woman and 
an African as Director -General. Th e decision by Members was a historic moment for the WTO . 
Argentina hoped that under Dr. Ngozi's  strong leadership, Members  would achieve more milestones 
to support the multilateral trading system and their countries. Argentina  congratulate d Dr. Ngozi,  
wished her every success and reiterate d its willingness to work constructively with her. Argentina 
also paid tribute to the Troika – Ambassad or Walker and his Facilitators  – for having effectively 
steered the process. The four Deputy Directors -General and the Secretariat ha d also played a role 
and Argentina congratulate d them on their work in overcoming the challenges of th e transition period 
– which ha d been a difficult one particularly due to the pandemic.  
1.26.   The representative of Mauritius , on behalf of the African Group , welcome d the new Director -
General, Dr. Ngozi Okonjo -Iweala. She said that t he African Group ha d finalized the first pandemic 
parameters within which it wished to discuss all issues for MC12 under the lens of  economic recovery, 
inclusivity and sustainability. It was within those parameters that the Group  would engage in the 
discussions with a constructive and open mind with a view to finding solutions and a good outcome 
at MC12. In that context, cotton and TRIPS were important for the Group as were the other issues 
related to the sustainability agenda . The African Group would  remain engaged on all th ose issues  
and was  open to the suggestion by the Director -General that Members  should also engage on the 
issue of COVID -19 and its impact. The WTO should not in any way b e seen as engaging too late and 
given too little on th at issue. The African Group therefore  looked forward to discussing that.  
1.27.   The General Council took note  of the report3 of Deputy Director -General Wolff, representing 
all DDGs, on 25 February , and of the statements that day as well as those delivered at the 
25 February  Informal TNC and Informal HODs meetings4. 
 
3 Deputy Director -General Wolff's report, representing all Deputy Directors -General, (also circulated in 
document JOB/TNC/90) and the reports of the Chairs of Negotiating Bodies at the 25 February Informal TNC 
and Informal HODs Meetings are incorporated in the minutes of this meeting and are reproduced in Annex 2 of 
this document.  
4 The statements at the 25 February Informal TNC and Informal HODs Meetings by the following 
delegations are incorporated in the minutes of this meeting and can be found in Annex 3  of this document: 
Switzerland; Montenegro; Brazil; European Union; Nigeria; Mexico; Morocco; Malaysia; Panama (Article XII 
Members); China; Norway; Hong Kong, China; Chile (Structured Discussions on Investment Facilitation for 
Development); Republic of Ko rea; Chinese Taipei; Iceland (Informal Working Group on Trade and Gender); 
Argentina; Australia (Joint Statement Initiative on Electronic Commerce); Jamaica (ACP); Egypt; United 
Kingdom; Japan; Singapore; Bangladesh; Philippines; Paraguay; Canada (Ottawa G roup); Nepal; New 
Zealand; Turkey; Pakistan; Russian Federation; Saint Lucia (CARICOM); Ecuador; Chad (LDCs); Indonesia; WT/GC/M/190  
 
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  2  IMPLEMENTATION OF THE BALI, NAIROBI AND BUENOS AIRES OUTCOMES – 
STATEMENT BY THE CHAIR MAN  
2.1.  The Chairman  recalled5 that the  item remain ed on the agenda so that the General Council c ould 
continue to follow up, in a horizontal and transparent manner, on the Ministerial decisions adopted 
in Bali, Nairobi and Buenos Aires.  As always, his statement t hat day was based on the information 
provided by the Chairs of the regular bodies on the implementation work taking place further to 
Ministerial mandates in their respective areas – and he took the opportunity to warmly thank them 
for their cooperation during their tenure th at year. 
2.2.  Starting with Agriculture, as regards the follow -up to the Bali TRQ Decision, the review 
mandated under the Decision had been  concluded with the adoption of the agreed recommendations 
by the General Council in December 2019. The issue of the future operation of Paragraph 4 of the 
underfill mechanism had remained outstanding and the deadline for a decision had been  extended 
to the end of 2021. He underst ood that the Chair of the Committee on Agriculture ha d already 
started consultations with Members on th e issue.  
2.3.  On Export Competition, with respect to the implementation of the Nairobi Decision by Members 
with scheduled export subs idies commitments, the situation was as follow ed: twelve Members ha d 
their revised schedules certified; two Members ha d circulated draft revised schedules; and two other 
Members had updated the Committee on Agriculture on the steps taken to implement the D ecision. 
The Chair ha d also initiated consultations on the second triennial review of the Nairobi Decision to 
be undertaken by the Committee th at year.  
2.4.  Turning to the LDC Services Waiver, following an LDC Group proposal that the CTS organize d 
a webinar to  bring together LDC service suppliers and consumers of LDC services in Members having 
granted preferences under the Waiver, in December 2020 , the C TS had  tasked the Secretariat to 
prepar e a draft programme for the event.  He underst ood that the Secretariat had since circulated a 
draft programme for the webinar which was based on an outline prepared by the LDC Group and 
incorporate d delegations' comments. Th e draft w ould be considered at the CTS meeting on 5 March.  
2.5.  On Preferential Rules of Origin for LDCs, th e General Council had considered the Annual Report 
submitted in line with the Bali and the Nairobi decisions at its December meeting, and the Committee 
had not yet met in 2021 .  
2.6.  He also refer red Members  to the report he had  provided in December with respec t to the 
decisions on Duty -Free Quota -Free market access for LDCs, and on the Monitoring Mechanism on 
Special and Differential Treatment.  
2.7.  Regarding Aid for Trade, at its meeting on 16 February, the CTD Session on Aid for Trade had 
heard updates from Member s about their efforts to mobilize finance to address the economic 
hardship created by the pandemic. The addendum to the 2020 -22 Aid for Trade Work Programme 
provide d for a Stocktaking Event to review the trade and development impact of COVID -19, together 
with the role that Aid for Trade c ould play in recovery and future resilience. An agenda for th at event 
on 23 to 25 March 2021, containing a programme of the sessions proposed by Members, was 
available on the WTO website.  
2.8.  Regarding the Trade Facilitation Ag reement, the current rate of ratification remain ed at 93% 
of the Membership.  
2.9.  And finally, regarding the Work Programme on Electronic Commerce, Members would recall 
that at the December General Council meeting, the Chairs of the CTS, CTG and TRIPS Council had 
reported on e -commerce discussions in their respective bodies. In addition, the item on the "Work 
Programme on Electronic Commerce and Moratorium on Impo sing Customs Duties on Electronic 
Transmissions" requested by India and a joint communication from South Africa and India on 
"Reinvigorating the Work Under the 1998 Work Programme on Electronic Commerce" had also been 
 
Kingdom of Saudi Arabia; Republic of Moldova; Angola; Uruguay (Informal Working Group on MSMEs); Costa 
Rica (Joint Initiative on Servic es Domestic Regulation); Sri Lanka; Bolivarian Republic of Venezuela; Thailand; 
India; South Africa; Mauritius (African Group); Afghanistan; Fiji (Pacific Group); Colombia; Uganda; Cambodia; 
Cameroon; Kazakhstan; Senegal and Peru.  
5 The Chairman's statemen t was circulated in document JOB/GC/252.  WT/GC/M/190  
 
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  considered. Delegations had an extensi ve discussion in December that had touched upon wide -
ranging substantive and procedural issues. Such discussion was welcomed, and he once again urge d 
all Members to continue to actively engage in discussions on the Work Programme on Electronic 
Commerce and  the Moratorium. Members  would recall that the 2019 General Council Decision had 
instructed the General Council to report to the Twelf th Session of the Ministerial Conference. And he 
noted that they  had a separate item on the Work Programme requested by In dia on the agenda.  
2.10.   The representative of South Africa  stood ready to work with D r. Ngozi on an inclusive 
economic recovery agenda and timely, equitable  and affordable access to vaccines and therapeutics. 
The WTO need ed to engage in a solution -oriented proc ess urgently . South Africa  would work 
constructively with her and the Membership to find a landing zone. South Africa  thank ed the four 
DDGs for their leadership during the process of the appointment of the D irector -General . Their 
contribution was much appreciated.   
2.11.   The COVID -19 pandemic, together with the impact of climate change, illustrate d more sharply 
the vulnerability of poor populations to external shocks. Indications were that the recovery from the 
pandemic in developing  countries  would take much  longer as many of them  lacked the fiscal space 
to facilitate economic recovery. Th at called for decisive action by the WTO in relation to mandated 
issues including through a food security agenda. Such an agenda should  include a permanent 
solution on PSH, conclusion of the SSM  to deal with import surges, conclusion of disciplines on cotton 
based on the C -4 proposal and agreement on a framework for substantial reduction in  domestic 
support  that distort ed trade. Th at agenda  should  be a priority. Th ose were issues mandated by their 
Ministers for which an outcome was expected. In addition, Members  needed to find a sustainable 
food security solution that support ed food production at a country level.  
2.12.   The representative of  the European Union  noted that, o n the Bali  Ministerial Decision on Public 
Stockholding, India ha d invoked the Bali Ministerial Decision for the first time. Examination on th at 
was ongoing in the CoA and further transparency from India was awaited.  
2.13.   On the Nairobi Decision on Export Competition, th e European Union continue d to urge the 
remaining Members that ha d so far not submitted the necessary schedule modifications to eliminate 
export subsidy commitments to do it as soon as possible.  The 2021 Export Competition 
Questionnaire w ould be the first occasion on which developing countries were required to submit 
replies. The European Union encourage d all developing Members to do so. Th at was particularly 
important for active exporters.  The European Union also look ed forward to the discuss ion in the CoA 
on the triennial review of the Nairobi Decision.  The European Union count ed on Members ' active 
participation on how to enhance disciplines and ensure no circumvention of commitments.   
2.14.   On the Bali Ministerial Decision on Tariff Rate Quota Administration, the European Union 
continue d to regret that it ha d not yet been possible – as had been indicated by the  Chair – to reach 
agreement on the scope of the TRQ underfill mechanism in order to ensure that all Members t ook 
equivalent commitments. Th e issue w ould need to be addressed by their Ministers at MC12.  
2.15.   The representative of Chad, on behalf of the LDCs , reiterate d the importance of a full 
operationalization of the decisions related to duty -free and quota -free market access, the waiver on 
servic es in favour of LDCs' services suppliers and preferential rules of origin in favour of LDCs. The 
LDCs thank ed the Members who ha d notified their preferences to LDCs and call ed on those who ha d 
not yet done so to notify their preferences a s soon as possible.  
2.16.   On the services waiver, the LDC Group  was working with the CTS to hold a dedicated workshop 
to review the implementation of the Decision. The Group  hoped that th e workshop w ould engage 
suppl iers from LDCs and consumers of services from LDCs to share their experiences with Members.  
2.17.   On preferential rules of origin, although notable progress ha d been achieved since Nairobi, 
especially on transparency, the LDC Group called on Members to further c onsider its submissions 
identifying best practices and areas that need ed to be reformed on rules of origin in order to align 
current  rules to the Decision.  
2.18.   On electronic commerce, the LDC Group  recall ed that it had submitted a communication 
regarding LDC constraints specifically to find ways for LDCs to fully  benefit from electronic 
commerce.  The LDCs wished to achieve progress on the various aspects indicated  in their WT/GC/M/190  
 
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  communication . As for the moratorium on customs duties on electronic transmissions, the LDC Group 
support ed the preparatory work for a deliberation by their Ministers at MC12.  
2.19.   The representative of Indonesia  said that, o n the implementation of Ministerial mandates, 
apart from still  having a lot of work to be done , Members  also ha d to renew their political willingness 
to ensure meaningful progress on the mandated issues.  On agriculture, Members  should continue to 
pursue the mandate of the Bali Ministerial Decision to establish a permanent solution for public 
stockholding for food security pur poses and comprehensive and balanced outcome in SSM. Members  
should not miss again the deadline. They needed to set out goals to advance th e negotiations to 
ensure agriculture reform create d fair disciplines and promote d food security in addressing the 
current pandemic challenges and their impact on food security.  
2.20.   On fisheries, Indonesia  urged Members to remain in line with the Buenos Aires mandates in 
prohibiting subsidies that contribute d to overfishing and overcapacity. Without the strong 
prohibition, the discipline would lack the ability to control overfishing and overcapacity and would 
enable big subsidizers to further enhance their capacity. In th at regard, the "polluters pay" principle 
should  be respected and Members  should  have effective S&DT provisions.  
2.21.   On the situation concerning the Appellate Body Selection Process, Indonesia  had high hopes 
that the new Director -General could create the impetus for Members  to resolve th at pertinent matter.  
Indonesia looked forward to working closely with Dr. Ngozi Okonjo -Iweala on that and other matters 
and conveyed its support to her as she assumed of fice. 
2.22.   The representative of the Philippines  noted that, a fter serving in the World Bank, Dr. Ngozi 
Okonjo -Iweala  had been handed the reins of another institution of global governance  – the WTO as 
the premier forum for multilateral trade. She would be inher iting an organization in the midst of  
crisis both within and outside the WTO. She would be leading 164 Members during a time of 
disruptive economic, social, technological and environmental change. She would be in a position to 
provide steady guidance to a rules-based multilateral trading system in a constant state of systemic 
flux, as the Membership collectively trie d to keep pace with the realities of 21st century international 
commerce. The WTO was after all a Member -driven organization . But as D irector -General,  Dr. Ngozi  
was in a position to help the Membership effect meaningful reforms .  
2.23.   The Philippines asked Dr. Ngozi to embrace th e opportunity to gently steer the WTO to where 
it should go. She was standing on the shoulders of the giants that had come before her – Roberto 
Azevêdo, Pascal Lamy, Supachai Panitchpakdi to name a few  – and she was able to have a good 
view of what the WTO c ould become in a way that none of them individually c ould. As had been  
mentioned at the Special G eneral Council  Meeting on 15 February, the Philippines st ood ready to 
work constructively and actively under Dr. Ngozi's  leadership to help reinvigorate the WTO and 
deliver concrete results at MC12. The Philippines called o n Members to begin the work in earnest to 
enable the WTO to deliver to their citizens and stakeholders a fair, prosperous and mutually 
beneficial and sustainable global economy under a strong rules -based multilateral trading system.  
2.24.   The representative of India convey ed sincere congratulations to Dr. Ngozi  Okonjo -Iweala  on 
her appointment as Director -General of the WTO and assure d her  of India's full cooperation in 
promoting constructive engagement among the Membership in taking forward the work of the WTO.  
In preparing for MC12, India reiterate d the Ministerial mandates from Bali and Nairobi regarding an 
effective, permanent outcome on Public Stock holding for Food Security Purposes. Th at outcome was 
also imperative for the achievement of S DGs 1 and 2 and for telling the world that the WTO c ould 
deliver results especially in areas of immediate concern to the large majority of its Membership.  The 
pandemic ha d heightened the challenges of food and livelihood security as seen from the rise in FAO 
food price in dex which  had hit a three year high during 2020. Rising food inflation further aggravate d 
the hardship of those already under significant duress due to COVID -19.  
2.25.   The pandemic  had also portrayed how sustainable PSH work ed to mitigate the disasters' 
effects  and reduce the hardships of the vulnerable. In th at context, I ndia invite d the Members to 
look at its mammoth effort in reaching food to its poor and vulnerable population during the 
pandemic. In 2020, food support in the form of 5 kg of rice or wheat and  1 kg of pulses per month 
had been  supplied to 800 million people for eight months. Th at had been  possible because of a 
robust PSH programme.  In the absence of a robust PSH Programme in India and other countries, 
Members were asked to think about  the kind of demand that would have been created in the global WT/GC/M/190  
 
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  food market and what could have happened to the already long  time highest food price index. The 
exporting countries would have had also come under immense pressure and would have been forced 
to resort to  extreme measures.   
2.26.   As a responsible Member, India ha d been consistently complying with its notification 
obligations at the WTO, including with the notification obligations prescribed in document G/AG/2. 
India's  track-record with meeting its transparency o bligations ha d been much better than that of 
several Members who were pressing for enhanced transparency at the WTO. Pursuant to the Bali 
Ministerial Decision on Public Stockholding for Food Security Purposes and the General Council 
Decision of 2014 as contained in document WT/L/939, India had notified the Committee on 
Agriculture that it ha d, for the first time, exceeded the de minimis level of market price support for 
rice for the marketing year 2018 -2019, by a very minor margin of 1.4%.  
2.27.   Market price support for rice, a traditional staple food crop was notified under Art icle 7.2(b) 
of the Agreement on Agriculture in pursuance of public stockholding programmes for food security 
purposes. India's public stockholding programmes for food security purposes, covering rice and a 
number of other commodities, ha d been consistently  reported in its Table DS:1 notifications since 
1995.  The programme was consistent with the criteria mentioned in Paragraph 3,  Footnote 5, and 
Footnote 5&6 of Annex 2 to the Agreement on Agriculture. Further, the stocks under the programme 
were acquired an d released in order to meet the domestic food security needs of India's poor and 
vulnerable population, and not to impede commercial trade or food security of others. For th ose 
reasons, the notified level of market price support for rice was covered by the  peace clause set out 
in the Bali Ministerial Decision on Public Stockholding for Food Security Purposes (WT/MIN(13)/38) 
and the General Council Decision (WT/L/939).  
2.28.   India ha d been constructively engaging on th at issue with other Members in the meetings of  
the Committee on Agriculture. An outcome for PSH should be an improvement over the present 
peace clause with extension to new programmes and new products and also to those Members who 
had not been having PSH programme s in 2013. The Ministerial mandate on PSH underline d that 
negotiations under th at pillar ha d to be on an accelerated, separate track. Hence, India did not 
support linking PSH outcomes with outcomes in other pillars. Work on the PSH file should continue 
in a dedicated session to pursue the Mini sterial mandate.  
2.29.   It was natural to expect that the track record of the main votaries of enhanced transparency 
such as the European Union  would be nothing short of exemplary in complying with their existing 
notification obligations. But India found that the  European Union  had still not submitted its DS:1 
notification for the marketing year 2018 -19, well past the deadline of 30 September 2019 by when 
they should have  had notified th at information according to the deadlines mandated in document 
G/AG/2  – consti tuting a  delay of more than a year . The E uropean Union  had also been late by a 
period of almost 19 months in notifying its DS:1 notification for the marketing year 2017 -18. It was 
also disappointing to note that specific trade concerns relating  to the EU 's policy on MRLs and 
endocrine disruptors ha d remained on the agenda of the SPS Committee for several years together.  
2.30.   It was not India's  intention to point fingers at any Member but its expectation was that 
Members would practice what they preach ed. Another glaring example of th at pretence had been  
the implementation of export restriction on vaccines by the European Union  in the name of 
transparency . That measure, as Members kn ew, was anything but transparent. India encourage d 
the E uropean Union  and o ther Members to lead by example and ensure that they fulfil led their 
existing transparency obligations before proposing to add an ever  growing list of new obligations.  
2.31.   The representative of Ukraine  share d Dr. Ngozi Okonjo -Iweala's  vision of a rejuvenated a nd 
strengthened WTO that could effectively tackle current challenges and deliver results on pending 
issues. Ukraine congratulated her on the assumption of her new duties and wished her success. 
International trade w ould contribute to achieving SDGs especia lly SDG 2 on world hunger. The WTO 
needed to update and modernize its rules. The failure of the Doha Development Agenda fr oze 
disproportionate market access to agricultural products. Forthcoming waves of normal pandemic -
related subsidies to be provided by high income States would further distort trade in agriculture.  
2.32.   Climate change rationality behind currently planned subsidies throughout the world could  
become another major challenge for international trade. It w ould be a horrible mistake if trade rules 
would be considered as obstacles for climate actions. Unfortunately, within the current discussions WT/GC/M/190  
 
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  on climate change, carbon linkage and carbon footprint concepts often treat ed international trade 
as something negative. The WTO should reinforce its work on agricultural market access and 
subsidies to highlight that international trade rules help ed achieve SDGs such as SDGs 2 and  13. 
2.33.   The representative of Cambodia  associate d with the statement by the LDC Group and thank ed 
all Members for their notifications in line with the implementation of the Bali, Nairobi and Buenos 
Aires Decision s. Cambodia  referred to  the important elements contained in Ministerial Decisions in 
favour of LDCs  such as DFQF market access, preferential rules of origin and the Services Waiver – 
which should be implemented in order for LDCs to genuinely gain  and full y benefit from the 
multilateral trading system. Cambodia  encourage d Members who ha d yet implemented the relevant 
decisions to  do so because that w ould contribute to  economic recovery from the damages caused by 
the COVID -19 pandemic.  
2.34.   The General Council took note  of the  Chairman's report and of the  statements.  
3  WORK PROGRAMME ON SMALL ECONOMIES – REPORT BY  THE CHAIRMAN OF THE 
DEDICATED SESSION OF THE COMMITTEE ON TRADE AND DEVELOPMENT  
3.1.  The Chairman  recalled that i n line with the agreement in the General Council in 2002, the Work 
Programme on Small Economies was a standing item on the agenda and the Committee  on Trade 
and Development report ed regularly on the progress of work in its Dedicated Sessions.  In Buenos 
Aires, Ministers had reaffirmed their commitment to the Work Programme and had instructed the 
CTD to continue its work in Dedicated Sessions under the overall responsibility of the General 
Council. As Members  were aware, the CTD Chair was currently vacant following the departure of 
Ambassador H aqjo. He also  underst ood that the Dedica ted Session ha d not yet met since the 
previous  General Council meeting. He referred Members  to the report that had been provided under 
that item in December and  looked forward to a report at the next General Council meeting.  
3.2.  The representative of Guatemala , on behalf of the SVEs , wished Dr. Ngozi Okonjo -Iweala every 
success at the WTO and looked forward to working closely with her. On the Work Programme on 
Small Economies, Members  had a successful meeting of the Dedicated Session on Small Economies 
on 2 Nov ember on  investment attraction and on the challenges experienced by SVEs caused by  the 
COVID -19 pandemic. The SVE s would like to move forward with the work of the Dedicated Session 
and ha d initiated informal consultations with Members on the organization o f the meeting of the 
Dedicated Session on Small Economies on the issue of the impact of natural disasters on trade on 
small economies  which would  possibly take place in May. The SVEs would conduct consultations  with 
interested delegations in the following weeks on th at issue.  
3.3.  The representative of Sri Lanka  noted that t he landmark event of the past six months had been 
Dr. Ngozi Okonjo -Iweala's  appointment as the new Director -General. With her assumption of duties 
that day, Members  were entering a new phase of WTO affairs . Sri Lanka believed that Members 
would  see real progress on many key issues during her tenure. As Dr. Ngozi  had said, much need ed 
to be done at th at critical juncture for the WTO. World trade  should  contribute to a more effective 
pande mic response as well as a strong and sustainable economic recovery. The challenges were 
many but there were also so many opportunities. Dr. Ngozi had  presented an ambitious agenda for 
the Members which deserve d serious and careful consideration . Sri Lanka extended  its unequivocal 
support to ensure its realization  and assured her of its  support . Sri Lanka would work closely with 
her to help her have a successful, effective and meaningful tenure . 
3.4.  On the Work Programme on Small Economies, Sri Lanka associate d with the statement by the 
SVEs.  Sri Lanka thanked the previous CTD Chair and the Secretariat for having extended their full 
support to make the Work Programme a live initiative. Considering the unique and unprecedented 
impact of the pandemic on economic an d social structures across the globe, it  was evident from 
many analysis and reports that small and structurally vulnerable economies were hardly hit including 
Sri Lanka – with the pandemic threatening  to rollback many of the developmental gains  they had  
achieved over the past decades.  
3.5.  Sri Lanka was  encouraged by the willingness of the Members to continue to engage in 
discussions aimed at finding practical solutions to those trade -related challenges that hinder ed 
beneficial participation in global trade. It  was in that spirit that Sri Lanka was joining other SVEs for WT/GC/M/190  
 
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  the purpose of seeking to identify existing and new priorities that deserve d the attention of the WTO 
Membership for future work under the Work Programme on Small Economies.  
3.6.  The time was ripe for Members to build on  findings of the Secretariat's work on the link between 
natural disasters and trade by directing more focus and atte ntion to that important topic which was 
one of the pending issues for discussion. But Sri Lanka had  learned through the SVEs Coordinator 
that Members ha d expressed their openness to have a dedicated session in May on natural disasters 
on the basis of the p roposal prepared by the SVEs that specifie d the content of the session. Sri Lanka 
remain ed fully committed and st ood ready to reengage as it deem ed the advancement of the Work 
Programme as critical to facilitating the realization of solutions which would lead to a more 
meaningful participation in global trade.  
3.7.  The representative of Saint Lucia , on behalf of CARICOM , said that it was a good day for the 
system – a day that was long incoming. CARICOM  looked forward to Dr. Ngozi Okonjo -Iweala's  
strong leadership in support of the multilateral trading system. She could be assured of the full 
cooperation of CARICOM. CARICOM  associate d with the statement by the SVEs. As Members  
recognize d, small economies face d peculiar internal and external challe nges. SVEs were constrained 
by small internal markets, trade openness, limited economic diversification and susceptibility to 
natural disasters created by climate change. Exogenous shocks such as those brought about by the 
COVID -19 pandemic also impose d heavy costs on their societies – costs that they were ill-equipped 
to respond to relative to larger States. Invariably, they also t ook longer to recover from those 
external shocks.  
3.8.  The CARICOM Group ha d been one of the main proponents of discussing natural disasters 
within the context of SVEs at the level of the CTD Dedicated Session on Small Economies. CARICOM  
thank ed all Members for the willingness to engage with the SVEs  on th at important issue of nat ural 
disasters and their impact on developing countries including small, vulnerable economies. Some of 
the topics CARICOM  would like to discuss include d (i) the impact of natural disasters on trade for 
SVEs including on infrastructure such as ports, roads and telecommunication systems and sectoral 
production including agriculture, fisheries, agro -processing and manufacturing as well as the services 
sector, (ii) strengthening the resilience of SVEs to mitigate against the impact of those natural 
disasters, a nd (iii) using natural disasters as a metric to assess the vulnerabilities of SVEs. CARICOM  
was prepared to engage with all Members on th at important issue with the view to raising awareness 
of the impact and cause of those natural disasters to their econo mies and their people.  The CARICOM 
Group  looked forward to convening the session on natural disasters as soon as practicable.  
3.9.  The representative of Barbados  associate d with the statements by the SVEs and CARICOM. 
Barbados  was pleased to be in a position to  move forward on examining the issue of trade and 
natural disasters within the context of the dedicated session on small economies. In light of their 
susceptibility to natural disasters and the disproportionate impact that th ose had on their economies, 
their dependence on trade and on a narrow set of exports, the nexus between trade and natural 
disasters h eld particular significance for the SVEs that were small island developing States. Barbados  
therefore hope d that Members  would be able to build on the bod y of work which had been started 
in the WTO through the kind assistance of Australia.  
3.10.   Barbados was ever cognizant and a core contributor to addressing inherent challenges and 
rebuilding resilience against economic and environmental shocks. Barbados  was equally aware and 
hopeful that in undertaking work in the CTD Dedicated Session on Small Economies, Members  would 
be able to benefit f rom the emerging work in the WTO which focuse d on building economic resilience 
as well as dedicated work in the other international organizations including UNCTAD which examine d 
various dimensions of natural disasters and trade. Barbados continue d to be an ardent proponent of 
the Work Programme on Sma ll Economies and st ood ready to shape and participate in the dedicated 
discussions on trade and natural disasters.  
3.11.   The representative of Vanuatu , on behalf of Pacific Group , expressed its commitment to 
working with Dr. Ngozi Okonjo -Iweala during her tenure  to make the organization vibrant and 
responsive to the challenges of the evolving global environment. The Pacific Group  associate d with 
the statement by the SVEs. The challenges faced by SVEs in attracting investment was not only of 
a policy nature but al so a structural one – attributed to the small size of their economies and their 
remoteness. The economic impact of COVID -19 ha d further exacerbated the vulnerabilities of small 
economies. Recent analysis indicate d that no matter the crisis, the SVEs and in  particular small 
island developing States were always the hardest hit and were disproportionately affected. Climate WT/GC/M/190  
 
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  change was a challenge to Pacific economies . The Pacific Group hoped that Members w ould pay more 
attention to th at issue and underline d the importance of th e Work Programme which aim ed to frame 
responses to the trade -related issues identified for the fuller integration of small, vulnerable 
economies into the multilateral trading system.  The Group  called on Members to constructively 
engage to facilitate meaningful responses for integrating SVEs in the multilateral trading system.  
3.12.   The representative of Fiji noted that t he COVID -19 pandemic further exacerbate d SVEs'  
vulnerability when economies and borders were closed – affecting their services sector which was 
the key vein to  their economic sustenance. Small economies w ould continue to be disproportionately 
affected by th ose challenges which would  further exacerbat e their vulnerability . Fiji had no COVID -
19 case beyond its border quarantine area since May 2020. But that success ha d come at a great 
cost to its economy. Fiji had to shut its borders and essentially bring its tourism industry which 
generate d nearly 40% o f its GDP to an abrupt halt. In the midst of Fiji's COVID -19 lockdown in April 
2020, powerful Category 5 Tropical Cyclone had caused widespread destruction to Fiji and 
neighbouring Pacific countries with an estimated damage of USD 123.5 million. For Fiji a lone, since 
2016, cyclones ha d struck its islands. One of them had set the record as the strongest ever in the 
southern hemisphere. Th at was the reality of small economies.  
3.13.   Natural disaster was a real concern with its frequency and intensity heighten ing each time . 
Those natural extremes d id not give chance to their economies to rebuild whether it be  related to 
infrastructure, agriculture  or other areas.  Over the years, it ha d always been a matter of rebuilding 
for Fiji which continue d to push back critical  development priorities. External support sources ha d 
also been affected. The COVID -19 pandemic had an immediate and negative impact on FDI in 2021 . 
The outlook remain ed dire with further deterioration projected. As a result, global FDI flows 
according to UNCTAD were focused to decrease further by 40% and would have enormous bearing 
on extractive industries and tourism – key sectors for small economies. Remittances w ould be low 
to middle and w ould decline by another 20% due to the economic crisis induced by COVID -19 and 
the lockdown measures. In the past, remittances ha d been counter -cyclical where workers sen t more 
money home at times of crisis and hardship.  That time, however , the pandemic ha d affected all 
countries creating additional uncertaint ies. 
3.14.   Fiji therefore underscore d the importance of the Work Programme to the SVEs and remind ed 
Members of the objective of the work as mandated in Paragraph 35 of the Doha Ministerial 
Declaration to frame responses to trade -related issues identified for the  fuller integration of small, 
vulnerable economies into the multilateral trading system. The WTO should be reflective of its 
Members and should ensure that the issues and interest s of each  of them  were reflected in various 
pillars of WTO work so that devel oping countries particularly the SVEs and the LDCs were fully 
integrated into the multilateral system through the provision of policy space and appropriate S&DT. 
Fiji look ed forward to further discussions on the issue of natural disasters and trade  in 2021  and to 
engage constructively  in them . Fiji associate d with the statements by the SVEs and the Pacific Group  
and wished  Dr. Ngozi Okonjo -Iweala every success as she assumed office  as Director -General . 
3.15.   The General Council took note  of the statements.  
4  TWELFT H SESSION OF THE MINISTERIAL CONFERENCE – DATE AND VENUE  
4.1.  The Chairman  recall ed that, at the G eneral Council  meeting in December, he had  noted that, 
based on his consultations and in light of the current situation, it had no longer been realistic to 
envisage a June date for MC12, and that it would be necessary to consider alternative dates towards 
the end of 2021. Th at sentiment had been  echoed by a number of dele gations during that meeting. 
Calls had also been made by Members for the General Council to make a firm decision on th e matter 
early in the new year to pave the way for the preparations of MC12 and build momentum to achieve 
substantive outcomes at the Conf erence.   
4.2.  Since December, he had  held a number of conversations with Members on th e matter, and he 
had kept in close contact with Kazakhstan.  Further to th ose conversations, and as Members would 
recall, at the 24 February Informal General Council meeting, he had  noted that his understanding 
had been  that delegations would be agreeable to holding MC12 later th at year, and that, given the 
current circumstances, Geneva would be a more realistic option. He had  also recalled that the officers 
for the Conference, namely the Chair and the three Vice -Chairs, had been  agreed already by the 
General Council at its meetings of October 2019 and March 2020, respectively . He also dr ew WT/GC/M/190  
 
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  attention to the communication from Kazakhstan which, at the request of Kazakhstan, had be en 
circulated on 24 February in WT/GC/229. On behalf of all Members, he thank ed Kazakhstan for its 
continued support, flexibility and understanding . Kazakhstan's  commitment and constructive 
attitude was highly appreciated by all.  
4.3.  Therefore, he invite d the General Council to formally agree that the Twelfth Session of the WTO 
Ministerial Conference w ould take place in Geneva at the beginning of December 2021 , that was 
during the week of 2 9 November 2021.  
4.4.  The General Council so agreed . 
4.5.  The representative of Cameroon  reassure d Dr. Ngozi Okonjo -Iweala of its  full support and 
readiness to work with her in finding adequate solutions to the challenges ahead. Cameroon was  
confident that together  they could strike a deal on various items that p reserve d the rights and 
interest s of all Members. Cameroon commended t he constant availability and hospitality expressed 
by the Government of Kazakhstan to welcome all Member s to Nur -Sultan on the occasion of the  
Twelfth Ministerial Conference. Th at benevo lent attention from Kazakhstan denote d its attachment 
to the rules and ideals that th e institution carrie d. At the same time, Members should take into 
account the health and security of the participants in deciding on MC12 date and venue.  
4.6.  Members  should  be prepare d to live with COVID -19 while not creating a conducive environment 
for its spread . In order to do th at, it would be wise for Members  to agree on a format that allow ed 
Ministers to  safely meet  and take the decisions necessary to strengthen the WTO.  Moreover, the 
decision on MC12  date and venue should  take into account the efforts of the Government of 
Kazakhstan. Consequently, Cameroon  propose d that the General Council agreed  that Kazakhstan 
would continue to chair MC12 even though it would be held in Geneva . Cameroon w ould be part of 
that consensus and commended all Members for their efforts in that regard.  
4.7.  The representative of Saint Lucia , on behalf of CARICOM , associate d with the statement by the 
ACP. CARICOM  had noted the decision that the upcoming Ministerial Conference w ould take place in 
Geneva in December 2021. The CARICOM Group w ould continue to monitor developments as it 
relate d to the containment of the pandemic with a view to ensuring a safe and productive MC12 in 
Geneva. CARICOM  thanked Kazakhstan for its openness to pursuing th at most prudent and practical 
approach to the hosting of MC12 a nd welcomes its openness to chairing the  Conference. CARICOM 
looked forward to a successful MC12 and pledge d its best efforts to support the Membe rship in 
convening their Ministers at MC12 later in the  year. 
4.8.  The representative of the  Philippines  was pleased to see that there was an emerging mass of 
support for holding MC12  in December  in Geneva. A successful MC12 would not only entail delivering 
much -needed substantive outcomes and continuing on a path to reform, but equally important, 
mitigating any risk to the health and safety of delegates from COVID -19. A consensus reached by 
the entire Members hip as soon as possible on the decision to set the date and venue of MC12 sent 
a strong signal that the WTO was ready to tackle the urgent problems of today and face the 
challenges of tomorrow. As with many delegations, the Philippines expressed its s incere appreciation 
to Kazakhstan for its steadfast commitment to host MC12, through thick and thin, despite formidable 
challenges posed by the COVID -19 pandemic. The Philippines was  confident that Kazakhstan w ould 
continue to be a reliable partner of the WTO in ensuring the successful hosting of MC12.  
4.9.  The representative of the Kingdom of Saudi Arabia , on behalf of the Arab Group , said that,  as 
Dr. Ngozi Okonjo -Iweala  began her mandate, the Arab Group  assured her of its  full support in the 
work leading up to MC1 2 and beyond. The Arab Group also thank ed the Chairman for conducting 
the consultation s on MC12  date and venue in a transparent and inclusive manner. The Arab Group  
welcome d the General Council decision for conducting the Twelfth WTO Ministerial Conference  in 
Geneva in December 2021  and express ed its deepest gratitude to Kazakhstan for its generous offer 
and for its constructive spirit and flexibility shown during the whole process to finalize the decision 
on the matter.  
4.10.   In those challenging times, Members  should  unify their efforts and work together to fix and 
strengthen the system and to ensure that it was responsive to the needs of the entire Membership 
and evolving global economy. As Members  move d towards MC12, it would be of utmost importance 
to reflec t on the role of the WTO in contributing to a global response in fighting COVID -19 and in WT/GC/M/190  
 
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  promoting inclusive economic recovery and resilience. A successful MC12 w ould benefit Members 
and the international community and w ould assure Members that they  were on the right track. The 
Arab Group remain ed ready to work constructively with all Members to ensure that the next 
Ministerial Conference w ould be a great success.  
4.11.   The representative of Malaysia  took cogni zance  of the challenges faced due to  the COVID -19 
pandemic and other unprecedented developments which ha d affected the plan to h old MC12 on 21 
to 24 June 202 0 in Nur -Sultan, Kazakhstan. Malaysia welcome d the new development that MC12 
would be held in Geneva in December. With th e new date in mind, Members  should  set a clear goal 
on areas where they had the best prospects of reaching convergence. Malaysia st ood ready to 
contribute towards achieving a meaningful outcome  at MC12 .  
4.12.   The representative of Thailand  reiterate d its commitment and full support to Dr. Ngozi Okonjo -
Iweala  in her efforts to bring further success to the WTO. Thailand thanked the  Chairman for his 
leadership on th e matter and to Kazakhstan for its continued commitment to host MC12 and 
flexibility provided to arrive at the current proposa l by the Chairman. Thailand was pleased to join 
the consensus on the proposed date and venue of MC12 and welcome d the fact that Members had 
just decided on  that matter  – allowing them to properly focus on their work.  
4.13.   The representative of United Kingdom  noted that the arrival of  Dr. Ngozi Okonjo -Iweala 
marked a new beginning to th e organization – potentially a second chance for the WTO to live up to 
the hopes and promise of the time of its founding a quarter of a centu ry ago. His only regret was 
that he  would not be there to see it. He was leaving Geneva at the end of th e month. He thank ed 
everyone for their warm wishes in  that regard . He had had the privilege to serve as the UK 
Permanent Representative to all of the in ternational organizations in Geneva for six years. He had 
seen pandemics and migration crises but the work he had been most proud of ha d been at the WTO 
as he and his team ha d sought to manage the UK's smooth transition in the WTO when it had  left 
the Euro pean Union. With the help of friends and colleagues in th e virtual room, with the expert 
support of an unfailingly helpful Secretariat, the United Kingdom  had managed it. And before anyone 
would put  up their flag, he reassured Members that the  United Kingdom  had not forgotten about the 
TRQs and it would sort them out.  
4.14.   It was not true that the WTO ha d achieved nothing in th ose 25 years. Its greatest achievement 
was often the one least recognized. Since 1995, the WTO ha d more than doubled its Membership  
from 76 to 164 Members extending the rules -based trading system so that it ha d become truly global 
– almost universal. And during that time, hundreds of millions of people – literally billions – had 
been lifted out extreme poverty by trade, by the growth,  prosperity and jobs that trade br ought . 
That would not have been possible without the WTO. So as he left Geneva, he wanted to give 
Members his  best wishes for the future.  
4.15.   In fact, he had  three wishes to share with  Members . First, he wished that they  could overcome 
the divisions between developed and developing Members  – which was  at the heart of the impasse 
the organization face d that day. He hoped that they could s till succeed in finding new and flexible 
ways to put the WTO at the forefront of shaping th e rules of trade today and for the future – from 
data to vaccines, and that they could harness  the requisite  political will to advance the historic cause 
of development through trade liberalization and expanding market access.  
4.16.   Second, he wished that Membe rs could succeed in re -engaging the truly systemic Members 
of the WTO in constructive reform, that they could find the compromises that would resolve the 
Appellate Body issue and would again  harness the enormous power of the United States for the good 
of the WTO and its Members, and that China c ould lead reform at the WTO and at home 
commensurate with the fact that it was no longer a marginal player in the global trading system that 
it had been  when it joined the WTO in 2001.  
4.17.   Finally, he wished the new Di rector -General every success in marshalling that one ingredient 
that would unlock everything else and put th e organization back at the centre of making the world 
a better place – political will. In securing the engagement of Trade Ministers and even Presid ents 
and Prime Ministers, in reaching the compromises that w ould bring benefits and prosperity for all, 
as Ambassadors, they had to recognize that th ose decisions were above their pay grade and  that 
they had  to accept their responsibility in helping the Director -General engage their political leaders.  WT/GC/M/190  
 
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  4.18.   He thank ed all Members for their  support , friendship and help over the years  and the Deputy 
Directors -General and the brilliant Secretariat for the ir professional ism. The WTO  Secretariat was 
the best in Genev a. With the new Director -General and the right leadership at home, he knew the 
WTO w ould achieve great things. On that note, the United Kingdom heartly welcome d Kazakhstan's 
offer to co -host MC12 in December 2021 with the Secretariat in Geneva and the decision t hat day. 
4.19.   The representative of Chinese Taipei  said that Dr. Ngozi Okonjo -Iweala's  speech th at day  was 
encouraging. Chinese Taipei  looked forward to intensively working with Members to support and 
realize the vision she had  elaborated.  Chinese Taipei thanked  the Chairman for his continuous 
consultations with Kazakhstan and other Member s, and  Kazakhstan for its efforts in th at regard. 
Chines e Taipei  welcome d the decision of holding MC12 at the beginning of December 2021 in Geneva  
and fully agree d with the Director -General's statement about identifying realistic deliverables to be 
concluded at MC12. It was time for Members  to work harder towar ds that direction . In that regard, 
Chinese Taipei  was ready to work with Members to ensure a successful MC12.  
4.20.   The representative of Ecuador  welcome d the words of the Director -General at the beginning 
of th e meeting. Her proactive role w ould be fundamental to revitalize the functioning of the 
multilateral trading system at a crucial time overcoming the pandemic so that Members  could come 
out of it stronger. Ecuador associate d with the statement by GRULAC  and welcome d the decision 
that the General Council ha d just taken so that MC12 w ould take place in December 2021 in Geneva. 
Ecuador thank ed Kazakhstan for its readiness to facilitate th at understanding. Members need ed to 
focus on the work that would facilitate outcomes for the Conference and to ensure that th ey were 
productive, well -balanced and beneficial for all.  
4.21.   Ecuador  referred to the words of the Director -General and noted that she could  count on its 
support in working constructively with her to conclude negotiations on fisheries subsidies. Ecuador 
commended  Ambassador Wills for the work that h e had  done in th at respect  and also recognize d the 
support received from Ambassador Chambovey. Ecuador support ed an outcome on artisanal fishing 
because of  the impact on food security that th ose could  have. Th at had been welcomed by majority 
of Members. Together with Chile and Argentina, Ecuador  had submitted a new version of the proposal 
which reflect ed the criteria that the agreement would contain concrete  and clear proposals on the 
area of IUU fishing on the high seas. It was essential to not lose sight on the concerns that they all 
share d with regard to fisheries subsidies and th eir impact on sustainability.  
4.22.   Ecuador  welcome d the process led by Ambassador  Gloria  Abraham Peralta as Chair of the CoA 
SS. Ecuador was committed to ensure that the negotiations in agriculture move d forward in the 
WTO. For many developing Members, th at sector was fundamental for their economy and key to 
achieving the SDGs. Ecuador hoped that the work undertaken by the CoA SS Chair to wards that end  
which was important for global trade w ould be fruitful in the lead up to MC12.  
4.23.   Ecuador hope d that, in the lead up to MC12, work w ould progress  on the JSIs on e -commerce, 
MSMEs and investme nt facilitation. Ecuador  also encourage d work to continue on trade and gender 
by provid ing the platform to look into that issue in the various areas of international  trade . Ecuador 
was also in  favour of reforming the organization to ensure that it was up to date with the current 
realities and to serve as a positive engine in aiding international trade in the post pandemic era. 
That was a topic which Members should keep in mind looking toward s MC12. Addressing key issues 
for the recovery of international trade and the economy globally require d assuring that Members  
had a health -based response in accordance with the principles of the multilateral trading system and 
that they worked in close cooper ation with other multilateral organizations.  
4.24.   The representative of the Russian Federation  noted that it was symbolic that Members  were 
meeting t hat day on the first calendar day of spring at least in that part of the world – the season 
which was seen aroun d the globe as the time of changes and hope. In th at regard, Russia reiterated 
its commitment to work constructively with the Director -General on finding solutions to any issues 
which the WTO was currently facing on the  road to MC12.  
4.25.   Russia thanked  Kazakhs tan for its continued commitment to host MC12 . Unfortunately, the 
COVID -19 pandemic situation remain ed highly volatile in many regions. The associated health -
related constraints evidently prevent ed Members  from holding MC12 in Nur -Sultan in the coming 
months. At the same time , Members  urgent ly needed to have scheduled dates for the Conference 
as a benchmark for their negotiating work. In th at regard, Russia support ed the proposal to convene WT/GC/M/190  
 
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  MC12 in Geneva in December 2021 under the chairmanship of Kazakhstan – with the understanding 
that Members  would carefully monitor the development of the pandemic and, if necessary, revisit 
their decision. Such an eventualit y would be unfortunate and undes irable. Russia therefore  asked 
the Secretariat to keep the Members updated on eventual administrative arrangements of the 
Conference and the deliberations with the Swiss authorities on th e issue.  
4.26.   The representative of Jamaica , on behalf of  the ACP, said th at Dr. Ngozi Okonjo -Iweala had 
hit the ground running and  thank ed her for her encouraging statement. Dr. N gozi's  assumption could 
not have come at a more critical time. The ACP  looked forward to her usual skilful deployment of 
her decades of multilateral, development and economic knowledge and experience to lend to 
Members' efforts to preserve and strengthen the multilateral trading system with the WTO as its 
core institution. The ACP  commit ted itself  to working with D r. Ngozi and would  give her its full 
support in her pursuits.  
4.27.   The ACP Group affirm ed the importance of convening MC12 for Ministers to make important 
decisions a nd to provide mandates and guidance for future work in various critical areas. The WTO  
had not had a Ministerial since 2017. It was thus important for Members to receive necessary political 
guidance for their continued engagemen t and work.  The ACP  did not object to the convening of 
MC12 in Geneva in the first week of December  but would continue  to monitor developments on the 
ground as it relate d to the pandemic . The WTO should accommodate the concerns of  its Membership 
including the psychological comfort of delegates and the effects that the virus would have in their 
capitals. The ACP thank ed the Government of Kazakhstan for its flexibility, commitment and 
constructive engagement and ha d no objection to Kazakhstan chairing the Conference in Geneva.   
4.28.   On behalf of GRULAC , she noted that Dr. Ngozi Okonjo -Iweala's assumption of duties c ame 
at a time when the deployment of her vast experience and knowledge of multilateralism, 
international economic relations and international development w ould be essential in facilitating 
Members ' work towards the strengthening of the multilateral trading system. GRULA C look ed 
forward to working with D r. Ngozi  on all areas of relevance to the WTO. She c ould be assured of 
GRULAC 's support and its commitment to her efforts to have a successful tenure.  
4.29.   The convening of MC12 was important for Members to get Ministerial decisions and direction 
on various issues under discussions within the WTO. GRULAC  support ed the convening of MC12 in 
the first week of December 2021 in Geneva  and thank ed Kazakhstan for its flexibility given the 
unique circumstances in which Members  currently  operate d. GRULAC  was aware that the impact of 
the virus was evolving, and that organization of the Conference would need to be adapted to realities 
on the ground and to Members ' preferences. GRULAC  stood ready to participate in discussions on 
how to organize the event in a manner that was conducive to a successfu l Conference.  
4.30.   The representative of the European Union  thank ed Kazakhstan for its continued commitment 
and for showing flexibility. Unfortunately , circumstances had not allow ed for MC12 to be  held in Nur-
Sultan. The European Union support ed the organi zation of MC12 in Geneva in December  – confident 
that if Members  worked together over the coming nine months , they could deliver in a number of 
areas.  The European Union ha d set out what it hope d could be achieved on WTO reform by MC12 
and beyond in a recently published strategy paper named "Reforming the WTO: Towards a 
Sustainable and Effective Multilateral Trading System ".  
4.31.   The paper describe d the reasons for the WTO 's current crisis and put forward a set of ideas 
for restoring the organization's relevance and credibility. It notably present ed ideas for updating the 
organization 's rulebook and practices to better equip it against the challenges that they were 
collectiv ely facing such as the recovery from COVID -19 and the digital and green transitions.  
Executive Vice President Dombrovskis ha d written to all WTO Members ' Trade Ministers with an offer 
to reinforce dialogue in Geneva and in capitals to ensure a successful M C12 which should be an 
important milestone in the process of WTO reform. The European Union  offered its full cooperation 
to the new Director -General in th at endeavour.  
4.32.   The representative of Nigeria  congratulat ed Dr. Ngozi Okonjo -Iweala who was participatin g in 
the meeting of the General Council for the first time in her capacity as D irector -General of the WTO . 
Nigeria  wished her the best throughout her tenure in the WTO and beyond. Nigeria  associate d with 
statements by the  African Group and the ACP. With th e negative effects of COVID -19 on lives and 
livelihood, MC12 should deliver outcomes that w ould underpin post COVID -19 participatory growth WT/GC/M/190  
 
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  that would benefit  all. Nigeria  expect ed fruitful outcomes in various issues such as fisheries subsidies, 
agriculture, TRIPS, trade and development and JSIs at MC12.   
4.33.   Nigeria  commended the Chair  for his tireless efforts which  had enabled the Membership to 
agree on a suitable date and venue for MC12 to be held in Geneva in December. Nigeria also thanked  
the Government and People of Kazakhstan who had been  poised to host MC12  but had graciously 
agreed in the interest of the system for MC12  to be held in Geneva due to the prevailing COVID -19 
situati on. On whether MC12 should be held physically or virtually,  a close surveillance of the COVID -
19 situation should continue to be conducted and monitored before taking a more favourable 
decision. Nigeria w ould continue to engage constructively with the Memb ership to ensure a hitch 
free MC12 that deliver ed balanced and equitable outcomes.  
4.34.   The representative of Kazakhstan  support ed the Director -General's vision of building a 
relevant, resilient and responsive organization that c ould benefit all Members. Kazakh stan was 
confident that Dr. Ngozi's impressive expertise and leadership skills w ould steer the WTO towards 
achieving its objective of ensuring a more efficient, inclusive and fair multilateral trading system. On 
behalf of the Government of Kazakhstan, she expressed Kazakhstan's  profound gratitude to all 
Members for their continued support of Kazakhstan's initiative to host and chair MC12. At the same 
time, given the ongoing uncertainty and unprecedented challenges posed by the COVID -19 
pandemic, Kazakhstan fully share d the concerns expressed by  Members and support ed the decision 
to hold MC12 in December in Geneva and confirm ed its readiness to Chair the meeting. Kazakhstan 
was strongly committed to working constructively with all  Members and with the Director -General 
to ensure meaningful and tangible outcomes at MC12.  
4.35.   The representative of the Maldives  noted that h olding MC12 remain ed a matter of urgent 
priority to reinvigorate  the multilateral trading system in the current context of the global pandemic. 
That was particularly pertinent from the point of view of small island developing States such as the 
Maldives which were disproportionately affected and face d serious challenge s in promoting 
sustainable trade and development. Uncertain times call ed for flexibility in conducting business. The 
Maldives  welcome d the decision to hold MC12 in Geneva in December 2021 so that the important 
work of the WTO could  continue unhindered for the benefit of all. The Maldives was grateful to the 
Government of Kazakhstan for its openness to hold MC12 in Geneva and for chairing th at important 
meeting. During that  challenging time, Members should  work together  towards the promotion and 
strengthenin g of the rules -based multilateral trading system , including ensuring a successful MC12,  
so that they could  all achieve their trade and development objectives in line with the 2030 agenda.  
4.36.   The representative of China  congratulate d Dr. Ngozi Okonjo -Iweala  and welcomed  the 
announcement of MC12 date and venue – marking a fresh and new start for the whole year. It w ould 
give Members more impetus to ramp up efforts of possible deliverables. After four years, China  
wished for a successful Ministerial  Conference  through  the entire Membership 's joint efforts. At the 
same time, China  strongly commend ed Kazakhstan for its offer to host MC12. As a newly -acceded 
Member, Kazakhstan ha d made various contributions demonstrating the country's support and 
commitment to the multilateral trading system. Kazakhstan  deserve d Members' warm applause.  
4.37.   The representative of India said that h olding the much delayed  MC12 was  a matter of urgent 
priori ty for the WTO Membership. The certainty of schedule for MC12 would allow  Members  to work 
collectively towards implementing a work plan with appropriate markers and ambition for outcomes 
by then. It w ould also help mute criticism that the WTO was unable to  hold the Ministerial Conference 
during th ose critical times. In this regard, India welcome d the decision for holding  MC12 in  Geneva 
in December. India thank ed the flexibility shown by all concerned parties including Kazakhstan and 
Switzerland to arrive at  that solution. India remain ed committed to making MC12 a success.  
4.38.   The representative of Hong Kong, China  joined other colleagues in welcom ing Dr. Ngozi  
Okonjo -Iweala and was  glad that there were converging views among Members on MC12 date and 
venue. Hong Kong, China was pleased to be part of the consensu s and thanked  Kazakhstan for its  
continued commitment and flexibility and the  Chair  for his  efforts in consulting with Members during 
the past year to work out a pragmatic way forward in light of the uncert ainties and challenges 
brought by the pandemic.  
4.39.   The representative of Mauritius , on behalf of the African Group , welcome d the proposal to 
hold MC12 in Geneva in December 2021. The setting of a date w ould help boost confidence in the WT/GC/M/190  
 
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  institution. At the same time, Members should  keep monitoring the situation on the ground given 
the evolving health situation – which should in turn help them in deciding on  whether they could 
have a  physical  meeting or a  virtual one . The African Group thank ed Kazakhstan for having exercised 
great flexibility and understanding  and would have no objection at all to  Kazakhstan  chairing MC12 . 
4.40.   The rep resentative of Turkey  stood ready to work constructively with Dr. Ngozi Okonjo -Iweala  
and all Members to make the WTO more responsive and active to the needs and challenges  of the 
people . Turkey  was pleased to see that the decision on MC12  date and venue was taken t hat day by 
the General Council. Th at decision w ould be instrumental in maintaining the momentum in the 
negotiations and in pushing the trade agenda forward. Turkey  had taken  note of the statement of 
Kazakhstan and appreciate d its constructive app roach, understanding and flexibility. In th at regard, 
Turkey  support ed Kazakhstan chairing and co -hosting MC12 in Geneva  in December . 
4.41.   The representative of Barbados  noted that the convening of the Ministerial Conference was a 
crucial function of the WTO. Barbados was  however cognizant that the current global situation ha d 
meant that Members  were not operating on a business as usual basis. Barbados commend ed 
Kazakhstan for its ste adfast commitment and willingness to host MC12  and was  therefore pleased 
at the decision to ho ld MC12 in Geneva and for Kazakhstan to co -host the event . Given that Members  
had the new Director -General and the date and venue of MC12, they could already  move  forward 
with a level of alacrity the business of the organization.  
4.42.   The representative of the Republic of Korea  was confident that Dr. Ngozi Okonjo -Iweala's  
invaluable expertise and experience in the multilateral fora w ould guide Members  to make genuine 
progress on WTO reform and to respond effectively to the pressing issues of the global trading 
system. Korea would stand  firmly behind her efforts and leadership in th at regard. Korea ha d also 
been stressing that Members  should  hold MC12 in 2021  to make impo rtant decisions the WTO 
urgently need ed. Korea  was pleased that the date and venue of MC12 ha d been decided t hat day 
and in th at regard Korea appreciate d Kazakhstan's flexibility and its willingness to make contribution 
to MC12. Korea was ready to support its proposal.  
4.43.   The representative of Namibia  paid tribute to the Chair for his able leadership that he  had 
demonstrated during his tenure  where Members had reached consensus on the appointment of Dr. 
Ngozi Okonjo -Iweala, the first female and first African Director -General of the WTO.  Namibia  also 
congratulat ed Dr. Ngozi and assured of her of its  full support. Namibia support ed the proposal for 
MC12 to be held in Geneva in December and thank ed the Government of Kazakhstan for its flexibility 
and enga gement.  
4.44.   The representative of Afghanistan  express ed highest appreciation to Dr. Ngozi Okonjo -Iweala 
for her  bold and frank statement on the challenges fac ed by the  WTO. Afghanistan wished her 
success and stood ready to fully  support her on her new role . Afghanistan commended the Chair  for 
his continued efforts and consultations on MC12 date and venue  and remain ed grateful to the 
Government of Kazakhstan, as the first Article XII and Central Asian Member  to co-host and chair a 
Ministerial Conference , for all its efforts and for the flexibility it had demonstrated with regard to the 
change in the date and the venue i n light of the current situation . Afghanistan  appreciate d the 
decision made in that regard as it viewed  MC12 as a landmark event where Members should work 
together to achieve substantive outcomes  – while t aking into consideration the evolution of the 
pandemic. Afghanistan  hoped that Members would, in any case,  have some level of in -person 
engagement for the  participants to ensure more effective discussions  at MC12 . 
4.45.   The representative of  Chad, on behalf of the LDCs , support ed the proposal on MC12  date and 
venue and looked forward to  receiving more details on the preparations including the nature of  
participan ts' engagement.  The MC12 format  should take into account the technical and capacity 
constraints of small dele gations particularly the LDCs and their respective governments.  
4.46.   The representative of Qatar  said that, d espite the many challenges the WTO ha d faced with 
its recent history of having  a dysfunctional dispute settlement mechanism and confronting the global 
pandemic, Qatar  remain ed faithful and confident that with the able leadership  of Dr. Ngozi Okonjo -
Iweala , the WTO w ould be steered towards a successful and more positive path. The State of Qatar 
remain ed committed to working actively and constructively with her in order to strengthen and 
maintain the multilateral trading system.   WT/GC/M/190  
 
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  4.47.   Qatar  associate d with the statement by the Arab Group. As a previ ous Ministerial Conference 
host, Qatar  unders tood t he many challenges that host countrie s faced. A global pandemic of th at 
scale was however something that no one could have prepared for nor anticipate d. In th at regard, 
Qatar  thank ed Kazakhstan for showing  flexibility and commitment to the WTO  and the Chair for his 
efforts in finalizing th e decision. Qatar  welcome d the decision and look ed forward to working with 
all Members, the Director -General and the Secretariat in order to convene a successful MC12 with  
clear and meaningful outcomes.  
4.48.   The General Council took note  of statements.  
5  WTO ACCESSIONS: 2020 ANNUAL REPORT BY THE DIRECTOR -GENERAL (WT/ACC/38 – 
WT/GC/228) – STATEMENT BY DEPUTY DIRECTOR -GENERAL  
5.1.  The Chairman  drew attention to the annual report on accessions circulated in document 
WT/ACC/38 – WT/GC/228 – and invite d Deputy Director -General Wolff to present the report.  
5.2.  Deputy Director -General Alan Wolff , representing all DDGs , reported that 2020 had been  an 
important year for accessions process. Larg ely due to the COVID -19 pandemic, acceding countries 
had considered that becoming part of the WTO had even become  more urgent. Th at had been  
reflected in the sustained level of accession activities with a significant increase in technical 
assistance and ou treach mostly delivered via virtual platforms.  
5.3.  Exactly a year ago , the accession Working Party for Curaçao had been  establishment – a unique 
case of a constituent country seeking an independent membership from an existing Member. In 
addition, Turkmenistan  had been  granted observer status in July, bringing the total number of 
observers with the intention to accede to the WTO to 24. Th at represent ed an increase by five 
Observers since 2016, the year that Afghanistan and Liberia had become the organization's newest 
Members.  In 2020, four Working Parties  had met, mainly through the use of virtual platforms, and 
three of them had concerned LDC accessions – Ethiopia, Comoros and Timor -Leste. In two cases – 
Ethiopia  and Uzbekistan – the Working Parties had represe nted the formal resumption of accession 
processes after long years of inactivity, eight and  fifteen  years, respectively.  
5.4.  Despite being seriously affected by the pandemic, several fragile and conflict affected LDCs 
had demonstrated remarkable resilience in  sustaining their engagement to accede.  The Working 
Party of Comoros resumed its work with a determination to finali ze the accession process as soon 
as possible. The Working Party of Timor -Leste had met for the first time after four years of technical 
work which had been delayed by domestic challenges. Furthermore, Somalia had submitted its 
Memorandum on the Foreign Trade Regime, the key document to start its engagement with the 
Working Party.  
5.5.  On the technical assistance and outreach front, the Secretariat had made use of the new 
opportunities offered by virtual tools, delivering considerably more activities than in previous years. 
That had  included two novel outreach program mes: the Accessions Week in  the summer and the 
Trade for Peace Week in the autumn, attracting 850 and 450 participants, respectively, over th ose 
week-long activities.  
5.6.   The thematic focus of th e 2020 Annual Report was on the complementarities with and 
synergies between negotiating W TO membership and regional trade agreements. It buil t on the rich 
discussions acceding governments had had in the Eighth  China Roundtable and the Regional 
Dialogues on African and Arab accessions. In addition, the WTO Members and acceding governments  
had benefited from possible ideas for Accessions Reform at the Ninth China Roundtable which had 
reviewed the contributions of accessions in marking the 25th anniversary of the WTO.   
5.7.   Looking ahead to 2021, accessions was certainly an area where the Membership c ould deliver. 
Comoros, a French -speaking African and Arab LDC, and Bosnia and Herzegovina remain ed the 
strategic focus of WTO accessions in 2021 . Both accessions were at a technically advanced stage, 
and with Members' support, the finalization of the negot iations was within reach by MC12.  African 
accessions w ould also remain a priority in 2021, still accounting for over one -third of remaining 
accessions. Two factors were important to consider for their potentially active engagement: African 
acceding governm ents s aw WTO accession as complementary to their participation in the African 
Continental Free Trade Area and to their Trade for Peace agenda, especially in the Horn of Africa.   WT/GC/M/190  
 
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  5.8.  Work was expected to intensify in Ethiopia' s accession process where the Gover nment  of 
Ethiopia  was determined to use WTO accession as a driver in its economic reform and opening 
agenda. Sudan w ould resume its Working Party informally the following  week as integrating to the 
global economy was a key component of the "New" Sudan tran sformation agenda led by Prime 
Minister Abdalla Hamdok. Based on the premise of Trade for Peace, Somalia and South Sudan w ould 
continue to use WTO accession as part of their state - and institution -building. Regarding other 
accessions, Timor -Leste, an LDC , and Uzbekistan were expected to build on the progress made th at 
year, and the resumption of the Working Parties was also foreseen for Azerbaijan and Iraq.  
5.9.  On the Trade for Peace Program me, the Secretariat was engaged in efforts to: (i) expand 
partnerships with the peace and humanitarian communities through the establishment of a Trade 
for Peace Network, to be launched in March; (ii) make concrete expected activities for the Trade for 
Peace Program me, based on a White Paper; (iii) increase under standing of the trade and peace 
nexus, including through the collaboration with the UN Peacebuilding Commission; and (iv) showcase 
how trade c ould help deal fragility and conflicts on the ground, through the Trade for Peace Podcast, 
now officially being la unched. And there w ould be more activities to follow.   
5.10.   He thanked all Members for their continued engagement and support for the WTO's work on 
accessions, including their technical assistance to acceding governments. In particular, he thanked 
the Chairs of  accession Working Parties for their commitment to th at important area for the WTO. 
The Secretariat acknowledged  multilateral and regional partners for supporting accessions especially 
in Africa, the Arab region and Central Asia. The contribution of access ions over the last 25 years of 
the WT O's history should not be underestimated. With a new Director -General at the helm, Members  
had an opportunity to include new countries into the roster of WTO Membership and advance toward 
the goal of universality.  He invited all Members to carefully review th e annual Accessions Report. 
Their comments and advice were welcome as they prepare d for new challenges and opportunities.  
5.11.   The representative of Mauritius , on behalf of the African Group , commended  the Working 
Party Chairs for their commitment in advancing discussions for the accession of new Members 
despite the challenges posed by the pandemic. The fact that there were twenty -four applications for 
accession was testimony that the WTO continue d to be relevant and was perceived as having an 
important role in the development agenda of acceding Members. As there were currently nine African 
countries that were at different levels of negotiations , the African Group reiterate d its support to 
them, looked forward to welcoming them soon  as WTO Members and acknowledge d DDG Wolff's 
statement that African countries' accessions w ould remain a priority in 2021.  
5.12.   Unfortunately, the accession s process in itself was often seen as challeng ing, lengthy and 
costly. For instance, the average time for conclu ding accession talks for an LDC was around 13 years. 
The African Group  trusted that th ose could be advanced more speedily  and urged that accession 
negotiations should not become a means to make unreasonable request s to acceding countries and 
in particular African ones. No demand should be made which were not consistent with the levels of 
development of countries. The African Group therefore called for the full implementation of the 2002 
Acces sions Guidelines and 2012 General Council Decision on LDC Accessions  and for the continued 
provision of technical assistance and capacity building at all stages of the accessions process.  
5.13.   The representative of Oman  looked forward to working closely with  Dr. Ngozi Okonjo -Iweala  
to preserve and strengthen the multilateral trading system  and thanked the Secretariat  particularly 
the Accessions Division for issuing the WTO Accessions Report 2020 and for organizing the first 
regional dialogue on WTO Accessions fo r the Arab Region from 8 to 10 November 2020 in 
collaboration with the Arab Monetary Fund and the Islamic Development Bank. The report was 
circulated in document WT/ACC/39. Nine Arab countries were still not  WTO Members . Oman  hoped 
that in the next few years and under the leadership of Dr. Ngozi, some of th ose Arab countries w ould 
accede to the WTO taking into account the ir different levels of development .  
5.14.   The Arab Regional Dialogue had been  an opportunity for Oman to celebrate its  20th 
anniversary of its accession to the WTO. Oman  thank ed the WTO, the AMF and  the IsDB for 
collaborating with it to celebrat e its anniversary . The event had been  organized virtually on 
9 November 2020  which had been  well attended and had seen active par ticipation. Oman had shared 
its experience on  accession to the WTO and its benefits. The feedback received from participants 
and panellists had been  positive.  WT/GC/M/190  
 
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  5.15.   For the past six years, t he WTO ha d not delivered on accessions. MC12 should be an 
opportunity t o deliver  in this area  to ensure universality of the organization . Oman hoped that 
Members w ould conclude the accession  of Comoros to the WTO by MC12. Comoros was an Arab, 
African and least developed country that deserve d Members'  attention at MC12 . Oman  commend ed 
the Accessions Division for staying active in 2020 despite  the challenges posed by the pa ndemic and 
thank ed them for  the activities they had organized in 2020 including the Trade for Peace Week.  
5.16.   The representative of Afghanistan  commended the Accessions Division for its flexibility and 
adaptability to the pandemic situation.  Afghanistan was  impressed that despite the challenges, the 
planned missions, technical assistance and outreach activities for 2020 had been  conducted in virtu al 
format. Afghanistan thank ed the Secretariat for organizing the Accessions Week, the first edition of 
the Trade for Peace Week and the China Round Table on WTO Accessions which  had marked the 
25th anniversary of the WTO, and for the post -accession implem entation support activities.  
5.17.   Afghanistan  commend ed the Secretariat for continuing to provide support to the g7+ WTO 
Accessions Group, which had been  coordinated by Afghanistan in the past three years  and thank ed 
Liberia for taking the lead . Afghanistan  remained ready to actively engage in th at Group 's work. The 
Group had  held three meetings in 2020  covering issues such as  a joint ministerial statement and the 
impact of COVID -19 on fragile conflict -affected countries. Afghanistan had also  participated in the  
2020 Trade for Peace Week with a dedicated session on "Trade in times of COVID -19: Experiences 
of Fragile and Conflict -Affected States", organized in collaboration with the g7+ Secretariat.  
5.18.   Afghanistan commend ed the acceding governments for their efforts  and was encouraged to 
note an increase in the level of accession, technical assistance, and outreach activities in 2020. Out 
of four Working Parties that had met in 2020, three had been  on LDC accessions. Afghanistan  
thank ed Ethiopia, Comoros and Timor -Leste for their tireless work  and was happy to note that the 
resumption of the Working Parties was expected for Azerbaijan, Iraq and Sudan, where technical 
work ha d advanced.  
5.19.   Afghanistan  congratulate d Uzbekistan for the resumption of its accession in 2020  and was  
pleased to note the level of achievements that Uzbekistan had  recently accomplished in its attempts 
to revitalize its WTO accession process. Hence, Afghanistan, as its immediate neighbo ur, 
commend ed Uzbekistan' s commitment to become a full -fledged WTO Member. Uzbekistan' s 
accession to the WTO w ould contribute to the integration of the Central Asian economies and boost 
trade and investment ties within and beyond the region.  
5.20.   Afghanistan  praise d Members for granting observer status to Turkmenistan. As 
Turkmenistan' s neighbour, Afghanistan  was happy to note that the Government of Turkmenistan 
intend ed to initiate negotiations for accession to the WTO within five years and look ed at the observer 
status as a tool for their Government to familiarize with the WTO rules and procedures, and to 
prepare for initiation of the accession negotiations.  
5.21.   As the co -founder of the g7+ WTO Accessions Group, Afghanistan urged all Members to 
extend their support to the  Acceding Governments to conclude their accession s process, in particular, 
to support the efforts of the post -conflict acceding members. Afghanistan  looked at the WTO 
accession s process and membership as an effective way to facilitate peace, stability and prosperity 
through conducting WTO -related legal and institutional reforms, trade integration and participation 
in international trade and value chain s. Afghanistan  therefore call ed on all Members to consider the 
specific challenges of LDCs and conflict -affected states during their accession s process especially in 
those challenging times.  
5.22.   The representative of China  appreciate d the Secretariat for the insightful report and its 
outstanding efforts to facilitate accession negotiations  and thanked Working Party Chairs for their 
active engagement to advance the accession s process. Progress made in 2020  was precious and 
impressive in the context of the enormous disruption caused by the pandemic. As DDG Wolff had 
pointed out, China  was pleased to note that the Ninth Roundtable on LDC Accession under the China 
Programme had been  successfully held last December w ith over 100 officials attending online. China  
hoped that its  recent contri bution to the China Programme w ould further promote WTO's accession 
affairs in 2021. China  looked forward to a breakthrough of new WTO Members as early as possible 
and encourage d Members to restrain their requests at a proper level of ambition taking into account 
the challenges that acceding LDCs were facing.   WT/GC/M/190  
 
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  5.23.   The representative of Kazakhstan  commend ed the Accessions Division for its continued 
support to all acceding governments through facilitating accession processes, sharing accession 
knowledge and deliv ering technical assistance, training and outreach activities.  Universal 
Membership was a critical factor in strengthening the rules -based trading system. As a recently 
acceded Member, Kazakhstan believed  that accession to the WTO w ould create valuable 
opportunities for economic growth and development of acceding countries, support domestic 
economic and trade policy reforms and enhance access to larger markets.  
5.24.   While their ability to make progress towards accessions in the first instance depend ed on the 
individual efforts of each acceding government , WTO Members c ould and should facilitate the 
process. Discussions at the Ninth China Roundtable at which Kazakhstan  had also participated  had 
provided plenty of food for thought in th at respect. Th at had been  a welcome opportunity to reflect 
on whether the WTO accession process after 25 years had still been fit for purpose to best serve the 
interest of  WTO Members and acceding governments. Building on some of the ideas emerging from 
the roundtable, Kazakhstan would circulate in the coming weeks a proposal on reform of the 
accession process. Kazakhstan  consider ed that to be a key dimension of WTO Reform in general and 
looked forward to engaging with other Members.  
5.25.   Kazakhstan expresse d its full support to the ac cession of the Republic of Belarus as the only 
remaining Eurasian Economic Union member that ha d yet to become a WTO Member. The legal basis 
of the EAEU was fully compliant with the WTO rules which ensure d the conformity of Belarussian 
Legislation with WTO  norms. Kazakhstan also commend ed the comprehensive efforts within the WTO 
accession process made by Uzbekistan – its neighbour and key partner in Central Asia and an 
observer in the EAEU. Obtaining by Turkmenistan an Observer Status with the WTO highlight ed the 
importance that the Central Asian Region attache d to the multilateral trading system. The addition 
of new Members always enriche d the WTO and project ed it as a truly universal organization.  
5.26.   The representative of Turkey  had always been a firm support er of WTO Accessions. Accession 
processes were mostly success stories for the entire Membership. On one hand, accessions were 
accompanied by profound domestic transformation for new Members. On the other, they extend ed 
the coverage of international trade f or everyone. As the Chair of the Working Party for Belarus, he 
could say that accession was indeed a complex and demanding process but the strong dedication of 
Belarus to its accession process during the last five years had greatly facilitated work and sig nificant 
progress had been  possible. The Thirteenth Working Party meeting on the accession of Belarus which 
had been  scheduled for March 2020 had to be postponed due to the pandemic. The process was 
currently  hindered due to both the pandemic and the developments during fall 2020. He hoped that 
they could revitalize th at accession process soon.  
5.27.   The representative of the Russian Federation  commend ed the Secretariat on its hard work 
aimed at supporting acceding countries, in particular LDCs, in fulfilling their objectives. The Annual 
report on Accession s presented by the Secretariat state d that there were couple of acceding 
countries chosen as "strategic focus " for 2021 with a view to finalizing their accessions by MC12.  
Without downplaying the efforts and expectations of those countries to wrap up their accessions, 
Russia  had some observations in th at regard. The mere fact that a country was selected as a 
"strategic focus " should not  automatically mean that its a ccession was at arms ' length. All depend ed 
on the devotion, political will and practical actions of the acceding government as well as on the 
engagement of the Working Party members.   
5.28.   Russia therefore  urged the Members and the Secretariat to treat all acc eding countries on 
equal basis, providing equal chances and rights to join the WTO. There should be  no first-tier and 
second -tier countries among them and no one should be left behind in the process of accession. It 
went without saying however that Members  should provide all necessary assistance to acceding 
LCDs making their way to the WTO as smooth as possible. Russia  expect ed more actions to be made, 
both by the Members and by the Secretariat, regarding every country wishing to accede to the WTO 
at the MC 12. There were several active accessions at a very advanced stage  such as  Belarus and 
some other countries, including from the CIS region, who  had managed to accelerate their accession 
processes recently in spite of the limitations caused by pandemic. Their efforts should be encouraged 
and supported. Russia, for its part, w ould continue to promote the expansion of the WTO 
Membership, paying special attention to the accession of Belarus.  
5.29.   The representative of the Kingdom of Saudi Arabia , on behalf of the Arab Group , appreciate d 
the efforts made by the C hairs of the Working Parties in 2020  despite the pandemic  and express ed WT/GC/M/190  
 
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  the importance of expediting the WTO accession processes. Almost 40% of the acceding Members 
were from the Arab region . The acceding LD Cs should be given priority. In th at regard, 50% of the 
Arab acceding countries were LDCs and should be given  flexib ilities and receive  technical support to 
move ahead in their accessions. The Republic of Comoros was identified as a strategic focus for 
2021. The draft report of its Working Party had been  revised by the Secretariat. It should be given 
a priority to finalize its accession to the WTO by MC12.  The Arab Group  looked forward to the 
proposal coming from Kazakhstan that could also be a good bas is for expediting accessions  and, 
more broadly,  to working with the Secretariat and other Members to help Arab countries to be tter 
integrate  into the multilateral trading system.  
5.30.   The representative of the United States  was a strong advocate of the WTO accessio n process 
because of its proven ability to make important, long -term contributions to sustainable development 
for Members at every stage of development. Fundamentally, the WTO accession process was a 
process of domestic reform in which applicants implement ed market -oriented, trade -liberalizing 
measures to align their trade regimes with WTO rules and principles, and to provide meaningful 
market access.  Implementing WTO provisions provide d a predictable and stable legal framework 
that support ed important nati onal economic goals such as achieving sustainable growth, promoting 
high-tech industry, attracting foreign investment, raising living standards, integrating into world 
markets and asserting national trade interests worldwide.  
5.31.   That work produce d results in practice, not just in theory.  The Director -General 's 2020 Annual 
Report on WTO Accessions once again show ed that Article XII Members outperform ed the rest of the 
Membership  in terms of growth in GDP, trade in goods and services, and inward investment in the 
years following their dates of accession, as traders and investors s aw for themselves the 
improvements achieved during the accession process. In short, countries that ha d the opportunity 
to accede under Article XII, by virtue of the reform process they undert ook, would become stronger 
and more resilient.  
5.32.   The United States was significantly involved in every accession  and often provide d technical 
assistance to address speci fic needs that applicants br ought  to its attention. Like other Members, 
the United States  had commercial interests to pursue through the accession process and it pursue d 
them with appropriate attention.  The United States also ha d systemic interests at stak e to ensure 
that each accession uph eld and improve d the trading system.   
5.33.   The United States  saw the iterative Working Party process, including the questions -and-
replies, as a critical tool for acceding governments to learn WTO rules and principles a nd to pu sh 
through what they all recognize d could be difficult reforms. In th at way, the Working Party process 
itself deliver ed free technical assistance to reform -minded applicants. In its long experience, calls to 
accelerate accessions do a disservice to develop ing countries, particularly LDCs. Such calls seem ed 
to prioritize the date of accession rather than the reforms and implementation of WTO rules that 
made accession worthwhile.  
5.34.   The representative of Belarus , on behalf of the Informal Group of Acceding Gover nments , 
speaking as an Observer , noted that  Dr. Ngozi Okonjo -Iweala 's expertise and rich professional 
experience w ould be instrumental in the process of reforming and further strengthening of the  WTO 
and would consequently inject new dynamics to the whole multilateral trading system. Belarus  
welcome d the publication of the Annual Report on WTO Accession 2020 and value d that day's 
discussion on th e important matter. Belarus  thank ed DDG Wolff  as well as  Ms. Maika Oshikawa , 
Director of Accessions Division , and her team for the valuable support to acceding governments in 
2020 despite the unprecedented challenges due to the COV ID-19 pandemic outbreak.  
5.35.   For the past 25 years, accessions ha d been an important pillar of the organization's work 
which ha d made significant contributions to achieving universality of world trade membership. At 
the first General Council meeting of Dr. Ngozi as Director -General, the acceding governments  
reiterate d their continuous commitment to embrace the WTO rules and princip les to make the 
multilateral trading system and the global economy even more sustainable and effective. In th at 
regard, as Dr. Ngozi assume d her role as Director -General, the Informal Group of Acceding 
Governments  cordially invite d her to meet with the Amb assadors of the members of the group at 
her earliest convenience to exchange views on advancing the accessions process for the benefit of 
both acceding governments and the entire WTO Membership.  WT/GC/M/190  
 
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  5.36.   On behalf of Belarus , he assure d the Director -General that th e Republic of Belarus attache d 
great importance to the WTO. Belarus  continue d its accession negotiations to the organization with 
a view to become a full -fledged Member in the near future. The Director -General's personal 
involvement along with the strong s upport of all Members w ould give substantial boost towards 
achieving th at goal. Belarus count ed on the continuation of the valuable assistance of the Secretariat 
and would be grateful if it could remain as a strategic focus under the Director -General's leadership.  
5.37.   Belarus fully support ed the Secretariat plans to expand and upgrade its capacity to de liver 
technical assistance, training and outreach activities. In 2020, Belarus had  successfully conducted 
two national virtual training sessions on the SPS Agreement and the TFA and on pricing policies. In 
2021, Belarus  planned to hold at least another two  training sessions on non -tariff measures and on 
trade -related investment measures.  
5.38.   Belarus  closely follow ed the ongoing WTO negotiations on fisheries subsidies, services 
domestic regulation and on the JSIs on e -commerce, investment facilitation and MSMEs . Belarus  
announced  that following the invitation from Uruguay, the Co ordinator  of the Informal  Working  
Group on MSMEs, Belarus w ould soon become the first observer government officially endorsing the 
package of the recommendation on MSMEs adopted in Decem ber. The official notification w ould be 
transmitted to the Secretariat later th at week.  
5.39.   Belarus  called upon Members to keep WTO accessions among the WTO priorities during and 
in the post COVID -19 period despite all current difficulties including in the pr eparation process for 
MC12. Accessions were vital for the WTO to reconfirm its relevance and openness for a trading 
environment that would make its Membership truly global and universal.  
5.40.   The representative of Uzbekistan , speaking as an Observer , congratula ted Dr. Ngozi Okonjo -
Iweala for her appointment to the important post of Director -General  of the WTO . The Dr. Ngozi 's 
extensive experience in international economic relations and high professionalism w ould contribute 
to leading the WTO towards making the o rganization more responsive to the world's needs on trade 
and overcoming the obstacles of the COVID -19 pandemic on the global level.  
5.41.   Uzbekistan  welcome d the 2020 Annual Report on Accessions and thank ed DDG Wolff, 
Ambassador Paik of the Republic of Korea – Chair of the Working Party on the Accession of 
Uzbekistan, Ms. Maika Oshikawa and her team in the Accessions Division for their comprehensive 
and constant assistance provided to Uzbekistan during the a ccession process. Despite the fact that 
2020 had become an unprecedented year due to the COVID -19 pandemic outbreak, after a fifteen 
year break, the resumed meeting of the Working Party on the Accession of Uzbekistan to the WTO 
had been  held on 7 July 2020  in hybrid format for the first time in the history of th e organization. 
In that regard, Uzbekistan  thank ed all Members for convening th at important meeting.  
5.42.   The 2020 Annual Report had rightly indicated that th e meeting signal led the desire to use 
WTO membership negotiations to drive domestic economic reforms which ha d broader implications 
in the region. Since 2017, under the leadership of the President of Uzbekistan, H.E. Mr. Shavkat 
Mirziyoyev, actions  had been carried out aimed at building an open State with a market economy. 
Uzbekistan's development strategy for 2017 to 2021 fores aw the implementation of the targeted 
measures to liberalize the foreign trade regime, currency regulation, customs and tax administration 
which create d the most favourable cond itions for the accession of Uzbekistan to the WTO. Many of 
those measures ha d already been implemented.  
5.43.   As had been indicated by the President of Uzbekistan in his annual address to the national 
parliament in December 2020, the accession to the WTO was one of the main priorities for the 
country. Uzbekistan  consider ed the process as an integral part of the ongoing reforms aimed at its 
further integration into the world economic community and the multilateral trading system. 
Uzbekistan  built on the belief tha t liberalization of access to the market of goods and services should 
not have a negative impact to sectors of the country's economy particularly those that were at a 
stage of formation or modernization and ha d good development potential. In th at regard, U zbekistan 
was interested in becoming a  WTO developing country Member and in making its effective 
contribution to the further development of the multilateral trading system. Uzbekistan  hoped that 
all Members w ould support such proposal.  WT/GC/M/190  
 
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  5.44.   As an acceding country, Uzbekistan  welcome d and await ed with great interest the launching 
of the new Accession s Web Portal as well as the publication of two books focused on accessions. In 
2021, Uzbekistan  would continue and accelerate its accession proces s. Last month , Uzbekistan  had 
submitted to the Secretariat the following documents: notification on industrial subsidies, 
questionnaire on state -trading enterprises, information on domestic support and export subsidies in 
agriculture. Uzbekistan  would soon submit replies to Members' questions and together with the 
Secretariat, it would prepare the factual summary on the points raised. Based on its country's strong 
political will to integrate the economy of Uzbekistan into the global markets of goods and ser vices, 
Uzbekistan  had launched extensive work to bring its national legislation in line with requirements of 
the WTO and to involve  all stakeholders  in that process . 
5.45.   As regards holding the next Working Party meeting, Uzbekistan was  expecting it to be held in 
the end of April or beginning of May 2021. Th at would  depend on the global epidemiological situation. 
Uzbekistan  would work closely with the Secretariat in th at regard  and stood ready to continue 
bilateral market access negotiations with interested Memb ers of the Working Party.  
5.46.   The representative of Sudan , speaking as an Observer , associate d with the statements by the 
Informal Group of Acceding Governments, the African Group, the Arab Group and the g7+ Group. 
Sudan  congratulat ed Dr. Ngozi Okonjo -Iweala on her well -deserved appointment as Director -General 
of the WTO  and express ed the full support of the Government of Sudan to her and its intention to 
work closely with her. Her wealth of knowledge and expertise w ould give a much needed boost to 
the work of this august organization and revitalize the objective  of achieving a transparent, inclusive 
and sustainable global trading system that benefit ted all. 
5.47.   Sudan reiterate d its full commitment to conclude the accession process . During the 
transitional period and the transitional government of Sudan under the leadership of Prime Minister 
Abdalla Hamdok , Sudan had embarked on serious economic reforms with firm conviction that it was 
in the best interest of the economic development of the country to integr ate into the global economy . 
Sudan  looked forward to receiving th e requisite  technical assistance needed in th at regard.  
5.48.   Sudan was resuming its accession process  and would also be  hosting the regional dialogue on 
WTO Accession for Africa in June, hopefull y in person . Sudan declare d its readiness to kickstart the 
Informal Working Group meeting expected to take place on 11 March. The delegation of Sudan for 
that meeting w ould be led by its Minister of Trade and Supply who h ad been recently appointed. 
Sudan  express ed its gratitude to the Members and their continuous support. Sudan  also thanked  
DDG Wolff, Mr. Katsuro Nagai of Japan – Chair of the Working Party on the Accession of Sudan and 
the Accessions Division for their tireless efforts , encouragement and co ntinuous support.  
5.49.   The representative of Ethiopia , speaking as an Observer , congratulate d Dr. Ngozi Okonjo -
Iweala as the first woman and first African Director -General of the WTO  and associate d with the 
statements by the African Group and the Informal Group of Acceding Governments. Ethiopia  
commend ed the Secretariat for the 2020 Annual Report on Accessions. The African countries ha d 
established the largest regional market – the AfCFTA – that was compatible to the WTO Agreements. 
Nine countries, including Ethiopia, were signatories of the AfCFTA and also negotiating to accede to 
the WTO in parallel even during the  COVID -19 pandemic. Ethiopia  was confident that Members would 
recognize the challenge s of making intensive trade measures in relation to their regional integration 
programme and operationalizing obligatory commitments and concessions as a result of accessions.  
5.50.   With the aim of universali zing the multilateral trading system in balanced term s consistent 
with the level of development, ambition and developmental needs of acceding countries, Ethiopia  
urged Members to implement the easy mechanism of concluding accession processes  and the 
regional integration agenda addressing the challenges there in of acceding Members and to consider 
the impact of the current COVID -19 pandemic in operationalizing obligatory commitments and 
concessions. Ethiopia  urged Members to restrain in seeking market access concessions and 
commitments that would increase the c hallenges it faced and were beyond  its level of development.  
Though  it was established fact that the Marrakesh Agreement stipulate d that accession s were done  
through negotiation s, Ethiopia  hoped to benefit from the wisdom and experience of the new Director -
General and the role of her office in facilitating to speed up the lengthy accessions process. Ethiopia  
hoped that a significant number of accession s would be registered in 2020 and the years to come . WT/GC/M/190  
 
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  5.51.   The representative of Curaçao , speaking as an Observer , congratulate d Dr. Ngozi Okonjo -
Iweala for her recent appointment as the Director -General of the WTO . Given her impressive 
professional and political background, Members could not have wished a better person to assume 
that important position at th ose critical times for the world and for the WTO. Curaçao wished her all 
the best in guiding the Secretariat and the multilateral trading system to the next level . 
5.52.   It had been exactly one year since the G eneral Council had  approved the establishment of 
the Accession Working Party on 3 March 2020 for the accession of Curaçao to the WTO as a separate 
customs territory and autonomous country in the Caribbean part of the Kingdom of the Netherlands. 
Although the ongoing international pandemic ha d caused many inc onveniences , since March 2020 , 
Curaçao had continued its preparations to become a full Member of the WTO. In th at regard, Curaçao  
had recruited several skilled professionals to add to the number of its negotiation team and the 
Permanent Commission for Inte rnational Trade and Foreign Economic Relations of Curaçao.  
5.53.   In addition, Curaçao  had requested and had received technical assistance from the Secretariat 
directed towards capacity building for its WTO team with respect to the substance of the various 
agreements that were annexed to the Marrakesh Agreement. Curaçao  intend ed to continue 
cooperating closely with the Secretariat in the period leading up to the first meeting of the Accession 
Working Party an d the negotiations related thereto.  During the past year, Curaçao  had also 
undertaken a comprehensive stocktaking exercise in terms of international trade rules, regulations 
and policies with respect to goods, services and intellectual property rights in o rder to process the 
results in the Memorandum on the Foreign Trade Regime of Curaçao.  
5.54.   Curaçao  welcome d the organization of MC 12 in Geneva at the end of th e year and hope d for 
a positive outcome in the interest of all Members. Curaçao congratulate d the Chai rman, the Deputy 
Directors -General and all the other officers of the WTO bodies for the work done during the past 
year under trying circumstances due to the  COVID -19 pandemic . Curaçao  wished them, including 
the incoming Chairman of the General Council , Amb assador Castillo , much wisdom to continue 
serving the WTO and the multilateral trading system.  
5.55.   The representative of  the Syrian Arab Republic , speaking as an Observer , congratulate d Dr. 
Ngozi Okonjo -Iweala on her appointment as Director -General of the WTO and thank ed DDG Wolff 
and the Secretariat for the 2020 Annual Report on WTO Accessions. Syria associate d with the 
statement by the Informal Group of Acceding Governments  and joined other colleagues that had 
stressed the importan ce of accelerating and streamlining the accessions process especially in th at 
difficult time which prove d that they were all in this together. Syria looked forward to working 
together with other delegations to move forward th at goal and assur ed them of its full cooperation.  
5.56.   The General Council took note  of the Annual Report on Accessions circulated in document 
WT/ACC/38 – WT/GC/228  and of the statements.  
6  TRIPS COUNCIL MATTERS  
6.1  STATUS REPORT ON THE CONSIDERATIONS BY THE TRIPS COUNCIL ON THE 
"PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS AGREEMENT FOR 
THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID -19" (IP/C/W/669) – 
STATEMENT BY THE CHAIR OF THE COUNCIL FOR TRIPS  
6.1.  The Chairman  noted that the item  relate d to a status report by the TRIPS Council  Chair on the 
"Proposal for a Waiver from Certain Provisions of the TRIPS Agreement for the Prevention, 
Containment and Treatment of COVID -19" in document IP/C/W/669 and its addenda. Since the 
December meeting, he underst ood that the Council for TRIPS had considered th e request again at 
its informal and formal meetings in January and February . He therefore  invite d Ambassador Mlumbi -
Peter to provide a status report on the Council's consideration of th e matter.  
6.2.  Ambassador Xolelwa Mlumbi -Peter (South Africa), Chair of the TRIPS Council , reported that, 
at the meeting of the TRIPS Council on 15 -16 October 2020, India and South Africa had  introduced 
document IP/C/W/669, requesting a waiver from certain provisions of the TRIPS Agreement for the 
prevention, containm ent and treatment of COVID -19, which had been circulated on 2 October 2020 
and ha d since been co -sponsored by the delegations of Kenya, Eswatini, Mozambique, Pakistan, 
Plurinational State of Bolivia, Bolivarian Republic of Venezuela, Mongolia, Zimbabwe, Eg ypt, the WT/GC/M/190  
 
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  African Group and the LDC Group. The Council had continued its discussions under that agenda item 
at informal meetings on 20 November and 3 December, as well as at its resumed meeting on 10 
December 2020. Following the status report to the General  Council on 16 -17 December 2020, the 
Council had continued its consideration of the waiver request at informal meetings on 19 January 
and 4 February 2021, and at its formal meeting on 23 February 2021.  
6.3.  At those meetings, delegations  had highlighted the com mon goal of providing timely and secure 
access to high -quality, safe, efficacious and affordable vaccines and medicines for all. Delegations 
had exchanged views, had asked questions, had sought clarifications and had provided replies, 
clarifications and in formation, including through documents IP/C/W/670, IP/C/W/671, IP/C/W/672, 
IP/C/W/673 and IP/C/W/674, on the waiver request but could not reach consensus, including on 
whether it was appropriate to move to text -based negotiations. Delegations had indicated  a need 
for further discussions on the waiver request and views exchanged by delegations.  
6.4.  That mean t that the TRIPS Council ha d not yet completed its consideration of the waiver 
request. The TRIPS Council w ould therefore continue its consideration of the w aiver request and 
report back to the General Council as stipulated in Article IX:3 of the Marrakesh Agreement.  
6.5.  The Chairman  thank ed Ambassador Mlumbi -Peter for her report on the discussions in the TRIPS 
Council, and as ha d just been heard, the TRIPS Council w ould continue to work on th at matter.  
6.6.  The representative of Vanuatu , on behalf of the Pacific Group , associate d with the statements  
by the ACP and the LDC Group. All countries were affected by COVID -19 including  many small 
developing countries lik e Vanuatu  that were import dependent and d id not have the capacity to 
produce vaccines and medical supplies and equipment to contain and treat the virus. While  
understand ing that intellectual property rights grant ed legal certainty to support innovation, 
Members  should  also ensure that intellectual property rights d id not become the barrier to equitable 
access to vaccines and essential supplies and equipment at affordable prices. The Pacific Group  
therefore encourage d all Members to engage constructively on  the proposal to find a balanced way 
forward to safeguarding intellectual property rights and ensuring affordable access for essential 
supplies to combat the pandemic.  
6.7.  The representative of the Republic of Korea  reiterated that, in order to effectively res pond to 
COVID -19, the international community should make utmost efforts to ensure the equitable access 
to vaccines, diagnostics and effective treatments for all in a timely manner. To do so, Members  
should  ramp up the production and distribution of vaccines and essential medicines. In th at vein, 
Korea welcome d that many countries had recently decided to increase contribution to the COVAX 
Facility. Korea had also contributed USD 10 million to COVAX AMC.  
6.8.  The existing IP framework ha d enabled current international collaboration. In order to ensure 
the sustainability of such collaboration, Members should  be cautious to strike the balance between 
the protection of IP rights and the promotion of public health. Korea was concerned that COVID -19 
could  not be the last pandemic known to humanity. For that reason, Members  should cautiously 
safeguard the IP system for constant innovation. Although Members ha d not reached an agreement 
yet, the exchange and discussions ha d not been wasted. Korea  found the detailed discussions 
extremely useful and Members  should continue to explore a possible landing zone. Korea  looked 
forward to having further constructive discussions on the proposal.  
6.9.  The representative of Morocco  recogniz ed the fundamental role of research and development 
in the deployment of new, innovative and effective health technologies. In most cases, development 
was undertaken by private sector companies, paid for by substantial financial investments, as well 
as pub lic funding, and should  be rightly recognized and encouraged.  Nevertheless, in the particular 
context of the COVID -19 pandemic and in the light of the common challenge s faced, the international 
community should not remain indifferent. It ha d a duty and res ponsibility to play its part in trying 
to curb the crisis and, in particular, to avoid th at apparently impending moral failure.  
6.10.   Faced with such a crisis, and so that the WTO  would  not be remembered for posterity for th at 
potential collective moral failure, intellectual property should not pose an obstacle to the humanistic 
values that should  prevail over any other priority in such circumstances.  As a multilateral 
organization responsible for international trade, the WTO should  seize th at opportunity to assert its 
relevance and strengthen its credibility at the global level, in particular , by implementing, for as long WT/GC/M/190  
 
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  as necessary, the relevant temporary adjustments to meet the current challenges.  With th at in mind,  
Members  should  combine their efforts to respond to the shortages of tools to tackle COVID -19, 
including vaccines, by allowing the optimal use of all the means of production available around the 
world and consequently subscribing, in a tangible manner, to an equit able global distribution of those 
tools, in particular , to the most vulnerable.  
6.11.   The representative of Pakistan  recalled that the Chair had said that  the appointment of Dr. 
Ngozi Okonjo -Iweala  marked the beginning of a new chapter for the WTO – one that Members hoped 
would be remembered for the contribution the WTO  made to living up to the objectives of the 
Marrakesh Agreement in achieving sustainable development, full employment and raised standards 
of living for the poorest of the world. Pakistan  was confident that , through  Dr. Ngozi's  stewardship , 
Members  could fulfil th at responsibility effectively.  
6.12.   Pakistan recall ed all its previous statements on th e issue in the General Council and the TRIPS 
Council at the formal and informal meetings. Th at was the most  important issue confronting the 
globe at th at time. The pandemic continue d unabated with new mutant strains being reported 
regularly. Supply constraints of C OVID -19 vaccines were becoming more acute even in developed 
countries. On top of th at, vaccine hoarding ha d become pronounced in countries that ha d developed 
the vaccines. Poor countries on the other end of the spectrum were faced with the possibility of 
having extremely limited access to vaccines even by 2024. Calls from the WHO, UNAIDS and  other 
civil society organi zations were getting louder for a global public vaccine  as well as calls from senior 
members of Parliaments and religious groups in advanced countries including country heads to allow 
the waiver in order to make the vaccine avail able to everyone across the globe.  
6.13.   It was concerning to note from a report the previous day that one country that had developed 
a vaccine nine months ago  had chose n instead to go with large pharmaceutical companies. Such 
reports, unfortunately, confirm ed its fears that it had been voicing in th e General  Council and the 
TRIPS Council that the vaccine would become subject to monopolistic profiteering of large 
pharmaceutical companies at the cost of human lives. The D irector -General  of the WHO ha d 
described t hat situation as a catastrophic moral failure.  
6.14.   The current pandemic require d collective global action to tackle IP barriers at a more 
comprehensive level. Members  had been discussing the waiver proposal in great detail for the last 
several months. Pakistan  thank ed all delegations who ha d engaged on th e subject and  it was happy 
that the co -sponsorship ha d grown significantly. As custodians of the world trading order, no Member  
would like to be known for saving fish but not human lives . It was time for them to put their heads 
together and engage at a deeper level on the text of the proposal and find a solution to that problem.  
6.15.   Members  had just heard the announcement of the MC12 date and venue. Given the present 
situation of vaccination across the globe, th at would present various challenges to organi ze MC12 
successfully. Either Members  would have to make sure enough vaccines were sent out to vaccinate 
all potential delegates who would visit Geneva or they would have to make those who had been 
vaccinated as th eir delegates. Alternatively, they could  even need two halls in Geneva during MC 12 
– one for the vaccinated and another for the non -vaccinated. Pakistan  left the Members with th ose 
thoughts to visuali ze as they thought  about MC 12, vaccines and the pandemic . 
6.16.   The representative of Bangladesh  was encouraged by the introductory statement by Dr. Ngozi 
Okonjo -Iweala that day. She ha d taken over the charge at a critical juncture of the global trade 
body. Bangladesh  looked forward to working with her and extend ed its full cooperation to her in 
Members'  collective journey to strengthen  the WTO, an important pillar of the global economic 
infrastructure, so that they could achieve a rule s-based, fa ir and transparent multilateral trade 
regime that benefit ed them all. 
6.17.   Bangladesh associated with the statement by the LDC Group . The LDC  Group , including 
Bangladesh, had been  pleased to co -sponsor th e draft submission pioneered jointly by India and 
South Africa. Bangladesh ha d earlier stated that a threat to public health in  one society was a threat 
to every society. That could not be overstate d. The COVID -19 pandemic ha d severely impacted 
everyone . No country  – rich or poor, developed or developing  – had been spared. As Members  strive d 
to fight the virus, they should  join hands and rise above  narrow national interest.  WT/GC/M/190  
 
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  6.18.   It was time for Members  to guarantee access to effective vaccines, diagnostics and 
therapeutics against the virus, by all, for all. The scientific advances made against the virus thus far 
should be shared with all nations without any condition  and make them accessible and affordable 
following  the principle s of equity and solidarity. TRIPS or any other regulatory framework should not 
be brought as a hindrance to the transfer of technological know -how in fighting the deadly virus. 
Members should  refrain from exploiting the situation for profit during the most severe health crisis  
in modern history. As such, Bangladesh  request ed Members  to favourabl y consider the proposal.  
6.19.   The representative of Nigeria  said that i t was no news that COVID -19 had adversely affected 
lives and livelihood globally especially in developing and least developed countries that were 
disproportionately impacted. Currently, the heart -breaking news for almost all developing countries 
was that t hey ha d no choice but to wait helplessly to access lifesaving vaccines because high -income 
countries ha d procured all existing vaccines and those yet to be produced thereby rendering COVAX 
handicap ped. What was needed to save the world was rapid access by every country to affordable 
diagnostics, therapeutics  and vaccines to combat COVID -19. It wa s however highly unlikely that 
that could be achieved under the current circumstances when Members  were in a race against time 
to save millions of lives while faced  with huge and ever -increasing supply -demand gap. The solution 
therefore rested  in their ability to ramp up production of diagnostics, therapeutics and vaccines 
especially in developing countries.  
6.20.   Certain provisions of the TRIPS Agreement constitute d barriers to ramping up of production 
in developing countries and existing limited and restrictive voluntary licenses ha d not helped the 
situation. Furthermore, the flexibilities of TRIPS Article 31 and 31bis were not sufficient given that 
they were not designed  to address the challenge of global health emergencies such as that posed 
by the COVID -19 pandemic. There was also the issue of insufficient or no manufacturing capacity 
occasioned by technological gap and lack of technical know -how. It was for th ose reaso ns that the 
need for an agreement by the General Council on a waiver from the implementation, application and 
enforcement of Sections 1, 4, 5 and 7 of Part II of the TRIPS Agreement in relation to prevention, 
containment or treatment of COVID -19 could not be overemphasized.  
6.21.   Members ha d a shared responsibility to work together to ensure that intellectual property 
rights d id not create barriers to the scaling -up of research, development, manufacturing  and supply 
of medical products essential to combat C OVID -19. It was in th at light that Nigeria had  co-sponsored 
the proposal. The importance of th e proposal c ould not be overemphasized as millions of lives 
globally continue d to be at risk due to the pande mic. Indeed, no one was safe until everyone was 
safe. Nigeria  therefore call ed on all Members to support th e proposal.  Nigeria  thank ed Members of 
the European Parliament (MEPs) as well as Civil Society organizations in the United States and 
around the glob e who were sympathetic to the plight of developing counties in the current COVID -
19 situation and had called on Members to support th e proposal.  
6.22.   The representative of Mozambique  noted that, a lthough recogni zing the challenging times 
facing the global commu nity and th e organization, Mozambique  was confident that under the 
leadership of the Dr. Ngozi Okonjo -Iweala and a positive engagement and contribution of every 
Member, success w ould be achieved.  Mozambique  thank ed all Deputy Directors -General, the Chair 
of the General Council, the Secretariat and all Members for the continuous work and engagement 
throughout the transitional period, clearly showing the commitment to advance WTO work.  
Mozambique associated with statements by the LDC Group , the Africa n Group  and the ACP including 
on natural disasters and trade and on WTO Accessions.  
6.23.   On the agenda item in discussion, Mozambique  thank ed the TRIPS Council Chair for the report 
that describe d the status of the work of the Council on the submissi on for a W aiver on Certain 
Provisions  of the TRIPS Agreement by India and South Africa, to which Mozambique, along with 
many others, was a co -sponsor.  Mozambique  reiterate d gratitude for the initiative and commend ed 
the Chair on the way she ha d been facili tating the discussions on the issue. Mozambique r ecogni zed 
Members ' continuous engagement to advance  the proposal and agreed  with the suggestions put 
forward to advance to a text -based discussion with the aim of achieving  convergence.  
6.24.   Mozambique, like many LDCs, SVEs and some developing countries,  faced limitation s 
including on its capacity to produce medical goods and equipmen t and vaccines that c ould ensure 
prevention, treatment and elimination of C OVID -19. The submission for a W aiver on Certain 
Provisions of the TRIPS Agreement with a view to contain, prevent and eliminat e COVID -19, if 
acceptable and collectively agreed, w ould enable countries like Mozambique  to benefit from the WT/GC/M/190  
 
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  results of the massive production that would be able to be carried out . More countries  could  therefore  
be given an opportunity to also engage in the production  thus contributing to the much needed 
ramping up of supply of COVID -19 vaccines.  
6.25.   Those would ensure wider  availability, reduction on costs and an equitab le and speedy 
distribution  of vaccines . The centuries old  tale suggesting that one should not give fish to a hungry 
man s eeking fish but  instead  to teach and give him conditions to learn how to fish  was important 
and applicable in the current context . The COVID -19 pandemic call ed for a collective, simultaneous 
and rapid response. The more countries were  provided with the capacity to massively produce all 
the necessary to ols to  respond to the COVID -19 crisis , the better the world would be in equipp ing 
itself to urgently eliminate COVID -19. 
6.26.   The representative of Jamaica , on behalf of the ACP , thank ed Ambassador Xolelwa Mlumbi -
Peter for her report and her sterling performance as Chair of the TRIPS Council. The ACP Group 
endorse d the public health objectives of the proposal which was to ensure that their people ha d 
affordable access to medicines, vaccines and other items required to prevent, treat and contain the 
virus.  The proposal c ame during the most devastating health crisis i n their lifetime. The C OVID -19 
pandemic was unprecedented and ha d caused major disruptions socially and economically. While all 
countries ha d been significantly impacted by the pandemic, the capacity of developing countries and 
LDCs to respond to th e multidimensional crisis was severely constrained by already stretched public 
finances and fragile healthcare systems. The WTO ha d an important role to play in global initiatives 
to preserve the health and save the lives of millions of people across the globe.  
6.27.   The ACP Group was encouraged by the robust discussions and exchanges on the proposal  and 
called for the continuation of discussions with the same vigour in different formats so as to find an 
outcome as soon as possible in the interest of humanity. Some of its members were already co -
sponsors. The ACP Group was  consulting on the proposal internally with a view to constructively 
engage in th ose discussions.  The Group thank ed the co -sponsors for their hard work and invite d 
other Members to engage constructivel y with a view to finding a landing zone. In order to move to 
such a landing zone, the ACP Group would support a move to text -based discussions. Th at seem ed 
to be the most effective way to tailor the waiver to a consensus approach without being tied up in a  
continuous evidentiary loop. The health and lives of people should always be their priority and the 
ACP Group was confident that WTO Members were capable of delivering for and on behalf of their 
people in th ose most difficult times.  
6.28.   The representative of South Africa  associate d with the statements by the ACP and the African 
Group.  South Africa thank ed the Chair of the TRIPS Council for the status report that she ha d just 
presented and congratulate d her for the able and even -handed manner in which  she ha d steered 
the work of the TRIPS Council. The report render ed an impartial and factual update on discussions 
held thus far. As apparent from the status report, co-sponsors had provided various clarifications 
and written replies to address issues and questions raised by other Members in various formats, 
including in formal and informal meetings of the TRIPS Council, small group meetings and bilateral 
meetings. It was apparent that Members  had not yet reached consensus on th e matter, therefore 
the co-sponsors, which  now include d both the African Group and the LDC Group, were in favour of 
moving to text -based discussions based on Article IX:3 of the Marrakesh Agreement.  
6.29.   As the D irector -General had  pointed out,  Members  did not have time . In order to save lives, 
that issue should  be addressed in the shortest possible timeframe. Based on current estimates, it 
was unlikely that enough vaccines w ould be manufactured in 2021 or even 2022 to meet the global 
demand or to achieve global population immunity. The D irector -General had  emphasized that the 
normal capacity of production st ood at 3.5 billion doses and manufactures currently sought  to 
produce  at least 10 billion, the global need was likely to be greater than 10 billion doses, given that 
the world populatio n was 8 billion, and generally 2 doses were required, and with mutations 
emerging, populations w ould require to be revaccinated.  
6.30.   In previous interventions, South Africa had  emphasized that unused spare capacity exist ed in 
the developing world which should be accessed in order to ramp up production in the shortest 
possible time. Attempts  should  be made to engage and allow all possible producers across the world 
to scale up production. A deal -by-deal approach ha d not worked and ha d further marginalized poor 
countries. Meanwhile, richer countries were ordering enough vaccines to inoculate their entire 
populations several times over leading to unacceptable vaccine hording and vaccine nationalism.  WT/GC/M/190  
 
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  6.31.   What the co-sponsors were proposing was a limited and a temporary Waiver that would 
provide countries with the policy space needed to collaborate in research and development, 
manufacturing, scaling up and supplying COVID -19 tools which were currently in short -supply. The 
Waiver was an instrum ent that was provided for in the WTO legal framework and was part of its 
legal toolbox. They had indicated their flexibility to engage on the scope and timeframe for the 
application of the Waiver and were ready to engage in constructive text -based discussi ons with 
Members towards a solution. The world c ould not afford any  more delays. Th at should be the most 
urgent priority for the WTO. History w ould judge them harshly should they fail to provide a credible 
response to th e crisis. The time to act was now.  
6.32.   The co-sponsors ha d repeatedly commended Members for their generous financial 
contributions to international collaborative mechanisms such as COVAX. 180 countries including 90 
self-financing upper middle -and-high income countries and 92 low -and-middle incom e countries 
were participating in COVAX. However, it was quite evident that COVAX ha d not yet secured 
sufficient funding for an adequate number of vaccines to reach its goal of 20% coverage for all 
participating countries in 2021. Th at posed a challenge fo r many countries that primarily rel ied 
entirely or largely on COVAX to secure access to vaccines. Focusing on the immediate needs of 
dozens of poor countries was a priority and South Africa  looked forward to working with the D irector -
General  and other Memb ers to achieve th at goal by passing th e waiver as soon as possible. Only 
truly global and inclusive solutions w ould save live s. The Waiver was the only possible way to address 
universal, equitable and timely access to live -saving medical products, includin g vaccines, 
diagnostics and therapeutics. Th at would allow Members  to control the pandemic, save lives and 
start to address economic reconstruction and resilience.  
6.33.   The representative of Egypt  associate d with the statement by the African Group. Egypt had  
stated in the last TNC meeting that in order for the WTO to remain r elevant, it should  actively 
contribute to the global response to the  current global crisis due to the unprecedented challenges 
posed by the COVID -19 pandemic  especially in developing and least developed countries in addition 
to laying the groundwork for a fair and equitable global economic recovery. A few days ago, the UN 
Secretary -General had stated that the progress on vaccination ha d been widely uneven and unfair 
with just ten countries hav ing administered 75% of all COVID -19 vaccines while more than 130  
countries ha d not yet received a signal dose.  
6.34.   That statement together with  what ha d just been mentioned by Dr. Ngozi Okonjo -Iweala 
indicate d the urgency of reaching a decision on the Waiver Proposal as soon as possible. Members  
could not continue to ignor e the severity of the current crisis. Egypt  therefore urge d all Members to 
constructively engage in text -based negotiations in the TRIPS Council to reach consensus on th e 
Waiver to prove that the WTO c ould contribute to addressing that  unprecedented crisis  and help to 
build the resilience of its Members to respond to similar global crisis in the future. Egypt, together 
with an increasing number of co -sponsors of th e proposal, would  continue outreach efforts to 
convince all Members to support th e waiver in o rder to help in putting an end to th e pandemic.  
6.35.   The representative of Indonesia  said that, in the current global health crisis, the right to 
access to health was equal to the right to life. The proposal and its subsequent discussions ha d 
further clarified the close and sometimes difficult relation between the TRIPS Agreement and Public 
Health. While the TRIPS Agreement provide d flexibilities for Members such as compulsory licensing, 
such flexibilit ies did not provide an adequate response in ensuring equitable access for medical 
products during a global pandemic.  
6.36.   The proposal provide d a concrete solution for ramping up the production of medical products 
including vaccines which w ould help maximize manufacturing capacity for vaccines on a g lobal scale 
with a limited period of time.  Vaccine nationalism ha d posed as an obstacle for equitable access to 
vaccines. At the same time, Members  would not escape the danger of th e COVID -19 pandemic and 
its economic impact if they did not address it simu ltaneously in every corner of the world. Addressing 
supply scarcity was of paramount importance for Indonesia . Members  had the tools in their hands. 
It was time for them to deliver.  
6.37.   The representative of Mauritius , on behalf of the African Group , had taken  good note of the 
report of the TRIPS Council Chair and thank ed her for her diligent work and the professional manner 
in which she ha d conducted the work of the TRIPS Council throughout th e year. The African Group  
recall ed that the current pandemic was unprecedented with, over a year later, many other countries 
still confining or re -confining to be able to face it.  WT/GC/M/190  
 
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  6.38.   The deprivation for much needed vaccines w ould only result in the non -inoculated segments 
further constituting fertile ground for endless variants of the virus. If Members  took that into national 
perspective, how certain  countries  became safe and others remain ed unsafe, they would end up with 
acute fiscal and budgetary pressure on vulnerable economies, disruption of production and supply 
of goods and a risk of distorted markets or even collapse – in general, a global downturn again. The 
African Group  did not think anybody would like to see that and that everybody was working towards 
a situation where they could all be safe.  
6.39.   On 19 February, t he African Group had informed of its decision to co -sponsor the WTO 
proposal for a Waiver from Certain Provisions on the TRIPS Agreement. The African Group had noted 
the many calls from various quarters that opposition of th e TRIPS Waiver could further exa cerbate 
a north -south divide. The African Group  did not wish that. Many of the countries in the African Group 
were small. They were countries which once they ha d done their discussion on the WTO they would 
go to the Human Rights Council and start debating there  – including on the right to health . 
6.40.   So once whil e the African Group  agree d that there could  be some obstacles on the way of 
granting th e Waiver, Members  needed to discuss all of th ose and should  find that balance between 
intellectual property issues that were raised and other issues such as the right to health. The African 
Group was not against intellectual property or preserving of intellectual property. But Members  
needed to try and find exceptional and conciliatory measures in difficult circumstances. Th at wa s 
why the African Group  would support any shift to text -based negotiations as from now.  
6.41.   The representative of the Philippines  expresse d its appreciation to the Chair of the TRIP S 
Council  for her tireless effort and dedication in shepherding discussions on the proposed TRIP S 
Waiver – an issue of transcendental importance to the entire Membership as the world struggle d to 
defeat the COVID -19 global pandemic. As with many  delegations, and even groups outside the WTO, 
the Philippines  had been following with keen interest the rich and enlightening exchanges of views 
and arguments for and against the proposed TRIP S Waiver.  
6.42.   Given the wide differences, the Philippines  concur red with the recommendation to continue 
discussions at the TRIP S Council on the proposed waiver. Such discussions would eventually feed 
into the broader conversation on the role of trade, and more specifically, intellectual property, in 
combatting global pan demics such as COVID -19, and hopefully, reach a tipping point on th e issue 
as an essential component of an effective and comprehensive multilateral response of the WTO to 
the COVID -19 pandemic.  
6.43.   The representative of China  thank ed the TRIPS Council Chair fo r her hard work in steering 
the consultations on the Waiver Proposal and support ed the status report she had just delivered. 
Recogni zing that the WTO should play its role in finding a common solution to timely and equitable 
access to COVID -19 vaccines, the  Waiver Proposal provide d Members  with a good starting point for 
discussions on how to achieve th at common objective. China w ould continue to actively engage in 
further discussions in whatever format the TRIPS Council Chair deem ed necessary and urge d 
Members to show maximum flexibility to address the concerns raised by the proponents.  
6.44.   China attache d great importance to the accessib ility and affordability of COVID -19 vaccines 
among developing Members. China  was committed to making COVID -19 vaccines global public goods 
and ha d made best efforts to honour th at commitment. For example, China had joined COVAX and 
had decided to provide 1 0 million doses of Chinese vaccines to meet the urgent demand of 
developing Members. In the meantime, through bilateral channel, China  had exported vaccines to 
22 countries and had provided vaccine aid to 53 developing countries. Just as the Director -Gener al 
had pointed out, supply constraints and vaccine nationalism help ed no one since no one was safe 
until everyone was safe. China w ould continue to work with all parties to tackle the production deficit 
and distribution deficit of vaccines and strengthenin g their global solidarity in the fight against the 
pandemic.  
6.45.   The representative of Zimbabwe  associated with the statements by the co-sponsors of the 
proposal for a Waiver from Certain Provisions of the TRIPS Agreement for the Prevention, 
Containment and Tr eatment of Covid -19. Zimbabwe, as a co -sponsor,  commend ed the recent 
decision by the African Union Heads of State and Government to support the Waiver Proposal and 
noted that the African Group ha d recently joined as a co -sponsor together with the  LDC Group . The WT/GC/M/190  
 
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  recent groundswell of support by  Members was an indication on the importance of th e issue in 
providing a global solution to the COVID -19 pandemic.  
6.46.   Zimbabwe thank ed the Chair of the TRIPS Council,  Ambassador Xolelwa Mlumbi -Peter, for the 
report she ha d provided which highlight ed the factual status of the deliberations. Zimbabwe regret ed 
that, since October 2020, when the proposal had first been discussed, Members ha d been unable to 
reach consensus. Zimbabwe, along with other  co-sponsors, reiterate d the call and invitation for 
Members to commence text -based discussions which would accommodate the interests of all  and 
looked forward to constructive ly engag e in the TRIPS Council.  
6.47.   The representative of Cameroon  commend ed Ambassador Xol elwa Mlumbi -Peter, Chair of the 
TRIPS Council, for her report and  associated with the statement s the Africa n Group and the ACP. No 
one was safe until everyone was safe . Members  were witnessing a depictable drama wherein each 
party expect ed to secure itself  from the COVID -19 pandemic while leaving others without the 
necessary therapeutic tools and vaccines to stop the spread of the virus. To date, more than 2.5 
million people had lost  their li ves due to C OVID -19 and, despite commendable efforts by all 
governments and medical staff, nobody c ould predict how many more lives sh ould be claimed by 
the pandemic. But Cameroon  was sure of Members'  capacity in reducing the surge of th e decease 
and in saving lives by making vaccines and therapeutic affordable to all. Th at should be their main 
objective above any other legitimate consideration.  
6.48.   Cameroon  welcome d the various multilateral initiatives in favour of access to vaccines, drugs 
and medical  equipment  necessary for the fight against COVID -19. Cameroon reaffi rmed its 
attachment to the principles e mbedded in  intellectual property rights but stresse d that the 
enjoyment of said rights was not necessarily in danger if the States agree d to provide them with  
specific exemptions. Needless to say, th ose exemptions wou ld not completely solve the difficulties 
encountered in accessing vaccines, drugs and medical equipment but would only mitigate them.  
6.49.   Moreover, no measure whatsoever would provide a complete answer and would be a panacea. 
The world would need a set of measures that  would provide satisfactory solutions to th e pandemic. 
That was why Cameroon join ed the proposals made by the African Group, South Africa, India and 
other s. At the same time, Cameroon  express ed openness to the subjects listed under Items 9 and 
11 of the agenda and invite d Members to give them appropriate consideration.  Cameroon 
commended  all Members  which ha d expressed solidarity with the proposal and support ed access to 
vaccines as well as the provision of TRIPS flexibilities  to combat th e pandemic. Cameroon  stood 
ready to work constructively with all Members  to achieve early consensus on th ose matters . 
6.50.   The r epresentative of Australia  welcome d Dr. Ngozi Okonjo -Iweala and ha d heard her 
message on the high expectations she placed on Members – which Australia heard loud and clear. 
Australia thank ed the TRIPS Council Chair for the status update on the proposed wai ver of TRIPS 
Agreement obligations. Australia  recognize d the importance of recent discussions at the TRIPS 
Council  and had engaged carefully in th ose discussions . Australia had  focused on listening to and 
understanding the concerns of the proponents of the  Waiver.  
6.51.   Australia was  pleased that Members were united on the need to support equitable, widespread 
and timely access to COVID -19 health products including vaccines and ha d jointly recognized the 
immense scale of the health and economic challenge present ed. As many ha d already noted, there 
was a very significant challenge on the scale up of manufacturing. Australia  looked forward to further 
discussions on  finding genuine, practical means of assisting the scaling up manufacturing. Australia  
wanted to work with all Members to determine how best the multilateral IP system c ould play its 
part in maximi zing the production of and equitable access to COVID -19 vaccines.  
6.52.   The representative of Chile noted that the  arrival  and appointment of Dr. Ngozi Okonjo -Iweala  
usher ed in renewed hope at the WTO. Before her arrival, the world had been  leaving the WTO behind. 
Members had been  worried about that but it was true and they should do something to move 
forward. As Dr. Ngozi  had mentioned earlier , Members  should  change the way of interacting between 
themselves. They had to be responsible for the citizens that they were serving. Opposition had 
clearly  been expressed at the General Counci l in December and in the TRIPS Council discussions.  
6.53.   Some important aspects sho uld be taken into consideration in the succeeding discussions on 
the matter. Chile recall ed that the only way of coming to a result was through consensus. Given the WT/GC/M/190  
 
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  nature of the issue under discussion, Members  had to participate constructively in the cons ultations 
and the next meetings of the TRIPS Council. Neither the WTO nor the TRIPS Agreement were guilty 
of the pandemic – and they we re not guilty for the lack of production of vaccines and other essential 
medical supplies and equipment. The WTO was a forum and the TRIPS Agreement ha d the  main 
objective  of reduc ing obstacles to international trade. Members should  not forget that they had the 
responsibility on th e matter. In their next discussions, they should therefore  seek constructive 
solutions within the current IP system.  
6.54.   In all discussions on th e issue, Chile had observed the  absence of the pharmaceutical 
companies. They were in the best position to give factual and concrete information on the potential 
for manufa cturing of vaccines at the international level and the concrete challenges that ha d to be 
addressed  to be able to increase their production. The problem ha d many dimensions. Members  
should  not simplify the problem by solely focusing on the IP aspect. It was therefore appropriate to 
tap onto the experience of the Director -General and to establish a constructive dialogue with the 
pharmaceutical industry and try and find concrete solutions to increase the output of vaccines at a 
global level. Chile called on Members to participate in a responsible and constructive way in the 
future dialogue on th e issue. Now more than ever, Members  should be careful when promising things 
to their people. Members  needed to clearly know beforehand what they were going to do and w hat 
they could deliver for them.  
6.55.   The representative of Turkey  said that IPRs on one hand stimulate d research and 
development, innovation and new technologies. In th at sense, they were also instrumental in the 
fight against major health crisis. On the othe r, affordable, secure and uninterrupted access to 
medical supplies was, now more than ever , important . Members  should shoulder th at responsibility 
together. The WTO should  play its part in assisting the global community's efforts to curb the current 
pandemic. Members needed to find a third way, a concrete solution without harming the IP rights 
and their significant implications in other areas. But  they should act urgently b ecause human life 
was at stake.  
6.56.   The representative of Switzerland  was delighted to be working with Dr. Ngozi Okonjo -Iweala  
and congratulate d her again on her appointment.  As noted in the report, Members share d a common 
objective which was to guarantee glob al, equitable and rapid access to medical products including 
vaccines. Nevertheless, opinions differ ed as to the approach required to meet th at common 
objective. Switzerland st ood ready to continue discussing th at important matter and to enter into 
talks b ased on probative and concrete elements in the appropriate forum – the TRIPS Council.  
6.57.   The representative of New Zealand  share d the ambition of other Members to ensure that vital 
COVID -19 products c ould move freely and were readily available when they were needed. Members 
should  ensure that COVID -19 recovery d id not lock in harmful trade policy responses. To th at end, 
New Zealand  looked forward to further and constructive collaboration at the WTO including to better 
understand the scope and likely effects of  the request for a TRIPS Waiver. New Zealand  also share d 
the sentiment raised by others that Members  must show their stakeholders, businesses, frontline 
workers and communities that trade policy c ould support and facilitate supply chains and response 
to public health emergencies.  
6.58.   The representative of Japan  appreciate d the report made by the TRIPS Council Chair and her 
efforts to convene several sessions to discuss the waiver proposal. Japan consider ed it important to 
aim at leaving no one behind in achieving Universal Health Coverage in responding to COVID -19. 
Japan ha d been proactively contributing to multilateral schemes such as the ACT Accelerator  and 
the COVAX Advance Market Commitment.  In particul ar, at the recent ACT Accelerator Fourth 
Facilitation Council, the Government of Japan had increased its commitment and had contributed 
USD 200 million in total to the COVAX AMC.  
6.59.   Further, Japan was going to contribute to the Global Fund, and the Medicines Patent Pool 
through Unitaid for promoting the distribution of medical products. Japan was  convinced that th ose 
efforts were practical and effective for achieving timely, fair and equitable access to medical products 
and remain ed committed to combatting COV ID-19 and future unknown pandemic s. In case of 
specific challenges which Members were facing in procuring COVID -19 vaccines, therapeutics, 
diagnostics and other medical products,  Japan  was always willing to have an evidence -based 
discussion.  WT/GC/M/190  
 
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  6.60.   The representa tive of the Central African Republic  noted that, a t the end of the previous  
century, intellectual property monopolies on HIV treatments had meant that people living with HIV 
in Africa, Asia and Latin America had received access to life saving antiretrovira l therapies 10 years 
later than those living with HIV in developed countries who had immediate access to th ose same 
therapies. Th at delay had led to millions of needless deaths between the end of the 1990s and the 
mid-2000s before the patent related barrie rs had eventually  been removed to make generic HIV 
medicines available.  
6.61.   Through th e pandemic, Members  had once again witnessed how structural inequalities were 
impeding efforts to guarantee the timely availability of medicines, vaccines and other tools required 
for the management of COVID -19 in developing countries.  Against the backdrop of the global COVID -
19 crisis, the TRIPS flexibilities such as compulsory and voluntary licensing, which had already  been 
difficult to implement under normal circum stances, were even more complex to bring into operation 
since other intellectual property rights  were at stake, thereby preventing technology transfer and 
large scale production for developing countries.  
6.62.   The opponents of th e Waiver use d COVAX to ease their  conscience but Members could see 
how there were not enough vaccines available to ensure equitable and timely access for all. As  they 
held these discussions, the only people receiving vaccines were those in rich countries that were 
home to a quarter of the  global population. People in poor countries were being hit harder by th e 
exceptional health crisis and the economic, social and psychological repercussions that it was having 
on an entire generation. It would be a moral error to continue with business as usual which benefit ted 
the bilateral agreements prioritizing rich countries.  
6.63.   The WTO trade rules should not be an advantage for some and a barrier for others.  The WHO 
COVID -19 Technology Access Pool project provide d a framework for the transparent transfer  of 
technology and intellectual property in order to facilitate the large scale production of medicines, 
diagnostics and vaccines for developing countries.  Unfortunately, th at project was being shunned by 
pharmaceutical companies which prefer red to use res trictive bilateral licences that d id not allow for 
large scale production. However, C -TAP, together with the TRIPS Waiver , would facilitate the transfer 
of technology and knowhow and scale up local production for people in developing countries.  
Therefore, the immediate removal of all intellectual property barriers w ould not only provide legal 
security and considerable freedom of action, but would also have a bearing on the credibility of th e 
organization and pharmaceutical companies.   
6.64.   For almost a year, the entire global civilian population ha d been making sacrifices in solidarity 
with the most vulnerable among them. The world  had applauded health workers for the care given 
to their loved ones affected by COVID -19. Today, the solidarity that they were calling for entail ed a 
fair division of the sacrifices already made by the entire population.  Africa ha d been especially 
affected by the delay in HIV treatment.  Millions of lives ha d been sacrificed on the altar of the profits 
of pharmaceutical multinat ionals.  Millions of children ha d lost their parents at a young age because 
of the unjust nature of the current trade rules. Every life matter ed, whether that person was rich or 
poor.  Members  should urgently conduct negotiations on the content of the texts that w ould regulate 
the Waiver.  
6.65.   The representative of India thank ed the TRIPS Council Chair for her leadership and the status 
report which reflect ed the developments that ha d taken place since the last report to  the General 
Council  in December 2020. India thank ed and welcome d all the co -sponsors including the Africa n 
Group and the LDC Group . The Proposal reflect ed the voice of 57  Members with many more 
supporting from the floor since its introduction in October 2020. Through the documents mentioned 
in the Chair 's report, the proponents ha d answered all the questions posed in various sessions of 
the TRIPS Council and had presented evidence regarding the intellectual property barriers that 
continue d to hinder an effective response to the COVID -19 pandemic . 
6.66.   In a recent study, it ha d been estimated that the global economy st ood to lose as much as 
USD 9.2 trillion if the international community fail ed to ensure developing economy access to COVID -
19 vaccines. The study show ed that advanced economies even if th ey vaccinate d all of their citizens 
would remain at risk of a sluggish recovery with a drag on GDP if infection continue d to spread 
unabated in emerging markets.  WT/GC/M/190  
 
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  6.67.   Three  months after the emergence of successful vaccines, the global vaccination scenario still  
looked grim. The UN Secretary -General in his recent press briefing  had noted that the progress on 
vaccinations ha d been wildly uneven and unfair and that more than 130 countries ha d not received 
a single dose. He warned that i f the virus was allowed to sp read like wildfire in the global south, it 
would mutate again and again and that it could prolong the pandemic significantly, enabling the 
virus to come back to plague the global north. To slow down the ability  of the virus  to infect new 
people and mutate further,  Members  needed true vaccine internationalism and the TRIPS Waiver 
was an effective and pragmatic way to achieve it.  
6.68.   On its part, India ha d supplied 37 million vaccine doses to 35 countries and UN Health workers 
as of 1 March 2021 under the Vaccine  Maitri – Vaccine Friendship Initiative. 39 more countries w ould 
be supplied in the coming days ranging from Europe, North America, Latin America and  the 
Caribbean to Africa, S outheast  Asia and the Pacific Islands. India ha d also gifted 200,000 doses for 
the UN Peacekeepers. The UN Secretary -General ha d stated that India ha d been a global leader in 
pandemic response efforts. Despite scarce resources and a population of more than 1.3 billion, India 
was doing its bit towards equitable delivery of vaccines. If the existing global manufacturing capacity 
could be used for mass manufacturing by providing legal certainty to manufacturers over use of 
COVID -related IP, which was the chief objective of the Waiver, then hu manity c ould accelerate the 
fight to win over the virus.  
6.69.   India respond ed to few of the repeated arguments. The delegations that oppose d the 
temporary Waiver Proposal ha d argued on one hand that the Waiver, if granted, w ould not result in 
augmenting the man ufacturing capacity and , on the other, they argue d that the Waiver w ould impact 
the commercial interests of existing IP holders as a lot of manufacturing could come into play without 
agreement with the IP holders. India would like to understand th e dichoto my that "if the Waiver 
would not lead to increase in manufacturing capacity, meaning, no new manufacturers w ould enter 
into production of C OVID -19 products even with the proposed Waiver in place, then how w ould the 
commercial interests of existing IP holde rs be impacted? " On the other hand, "if manufacturing was 
going to increase significantly and thereby impacting commercial interests of IP right holders, then 
were they  not agreeing that the final objective in the present scenario was to increase 
manufactu ring?" 
6.70.   Some Members ha d questioned whether the Waiver was a proportional response to the 
pandemic. Since the outbreak of the pandemic, almost every country had implemented or was still 
implementing lockdown in some form or another to curtail the spread of COVID -19. That d id not 
mean that authorities had been  against the principle of "right to freedom of movement ". 
Governments worldwide ha d introduced fiscal packages to the tune of billions of US dollars to help 
the recovery of ailing economies. That d id not mean that they ha d deviated from their stated 
objective of fiscal consolidation towards fiscal profligacy. In the same light, the temporary Waiver 
from certain provisions of the TRIPS Agreement by following due process d id not mean that the co -
sponsor s were against the principle of intellectual property rights. Members  should not forget that 
research and innovation during th at period ha d been spearheaded by massive public funding, 
expedited regulatory approvals and global collaboration. The global comm unity ha d resorted to 
exceptional measures in the exceptional circumstances of  the COVID -19 pandemic, and the Waiver 
should be seen in similar vein.  
6.71.   Globally, governments ha d intervened to suspend air transport and restrict mobility in order 
to prevent the  spread of COVID -19. Sectors like civil aviation, travel and tourism, hospitality, small 
businesses including MSMEs continue d to be severely impacted by such state interventions. Globally, 
trade in travel services had been  down by 68% in the third quarter of 2020 as compared to the same 
period in 2019. Trade in transport services had also declined by 24% over the same period. Th ose 
sectors were also important for the global economy, for growth  and for employment. Certainly, 
governments were not against the interest of th ose sectors. India would like to know why commercial 
interests of only few companies were so sacrosanct . If it was to preserve incentives to innovate, 
then such commercial loss, to the tune of a few tens of billions of USD maximum, c ould always be 
compensated by further incentives through pooling of public funding and global coordination. On the 
other hand, one percent improvement in global GDP from the baseline scenario w ould give US D 850 
billion worth of global output. Therefore, an outcome on the Waiver w ould not only help in saving 
valuable human lives but w ould also give a comforting signal to boost the consumer confidence in 
the economy and w ould accelerate the recovery of world trade and global GDP.  WT/GC/M/190  
 
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  6.72.   Another  repeatedly flagged by some opp onents  concerned the  possibility of the TRIPS Waiver 
proposal com ing in the way of the COVAX Facility. The temporary waiver of certain provisions of  the 
TRIPS Agreement was only going to aid in meeting the final objective of COVAX. India underst ood 
that COVAX was a demand side initiative. It d id not address supply side constraints. If Members  did 
not address supply side issues then they would not be able to increase the pro duction of vaccines. 
The Waiver w ould help the COVAX mechanism by augmenting the manufacturing capacity globally.  
6.73.   Members  could not continue to engage in endless discussions while millions of lives and 
livelihoods were lost to the COVID -19 pandemic.  The wo rld needed concerted efforts by all  Members 
to ensure that the WTO ma de a meaningful contribution to defeat COVID -19 and to prove that  the 
WTO c ould indeed deliver in crisis situations. The proponents were ready to engage in good faith 
and to have frank di scussions on the text of the Waiver, relating to both its duration and scope, in 
order to operationali ze the Waiver in the shortest possible time. Moving to a text -based negotiation 
could  appear to be yielding from the high moral ground of being the sole p rotectors of IP rights for 
some Members but not doing so mean t a willingness to stand by a poor choice, devoid of ground 
realities and just opposite to what was the need of the hour.  India urged Members to reach consensus 
on the Waiver Proposal to ramp up production for the cause of truly ensuring fair, equitable and 
affordable access to C OVID -19 products in a timely manner. India hoped that the Proposal w ould 
reach a common landing zone and not suffer the repeated blocking of text -based negotiations.  
6.74.   The representative of Tanzania  associated with the statement by the African Group and the 
ACP and  welcome d Dr. Ngozi Okonjo -Iweala on her first General Council meeting as Director -
General . Tanzania  thank ed the Chair of the TRIPS Council for her report  and noted that it  had 
previously  expressed in the TRIPS Council and the General Council  its desire for the adoption of the 
proposed waiver due to its importance and relevance in the fight against the imminent threat to 
Members'  public health systems.  The prevailing exceptional circumstance Members  were in and the 
justification provided by the proponents and co -sponsors at the TRIPS Council and the General 
Counci l suffice d for the General Council to adopt the Proposed Waiver without further delay. 
Governments, civil society and many other stakeholders across the world ha d expressed similar 
concern for which a serious consideration was desired  in order for the WTO to remain relevant.  
6.75.   The representative of Norway  said that, i n listening to the statement of Dr. Ngozi  Okonjo -
Iweala , Norway  made the same observation as Jamaica that she had hit the ground running. Norway  
assured  Dr. Ngozi  that it would  do its best to keep up with her pace. Norway thank ed the TRIPS 
Council Chair for having facilitated discussions on th at important topic and for having secured 
consensus for the report to the General Council. Norway agree d that nobody was safe until 
everybody was safe. Members  were working hard to make th at happen through various international 
cooperative efforts. Norway  had listened carefully to the views expressed by Members in both formal 
and informal settings  and had taken note of statements from proponents that they were willing to 
discuss scope and dura tion of the Waiver. Norway  consider ed that engagement to be promising and 
hoped that Members  could continue their deliberations in a constructive mode.  
6.76.   The representative of Singapore  assure d Dr. Ngozi Okonjo -Iweala of Singapore's commitment 
to work closel y with her and her team to strengthen the WTO. Singapore welcome d the status report 
delivered by the TRIPS Council Chair and appreciate d her continuing efforts to advance evidence -
based discussions on th e issue as well as Members' flexibility to reach cons ensus on the proposal.  
Members remain ed committed to work towards the common goal of protecting public health and 
mitigating the effects of the COVID -19 pandemic through  ensuring timely and equitable access to 
diagnostics, vaccines and treatment. Members s hould achieve th at objective in accordance with the 
agreed rules of the multilateral trading system. Access to COVID -19 diagnostics, vaccines and 
treatment was a multifaceted and complex issue. It was not productive to reduce it to one dimension. 
Given the multidimensional challenges in producing or ramping up production of vaccines, Members  
should  adopt a more holistic approach that d id not simply focus on IP rights but rather address ed all 
the challenges so that they could collectively work to ge t vaccines into the arms of their people.  
6.77.   The representative of Namibia  associate d with the statement by the African Group. Numerous 
known challenges affect ed Members especially developing and least -developed countries to fully 
utilize flexibilities under the TRIPS Agreement which , with the current pandemic , posed an even 
greater threat to humanity. Equitable access to medicine s and vaccines for all was a priority. Namibia 
therefore  underscore d the importance of implementing a waiver as proposed by India an d South 
Africa. In addition, Namibia  support ed a call to move the discussion to text -based negotiations with WT/GC/M/190  
 
- 38 - 
 
  a view to achieve a balanced outcome of the Waiver on Certain Provisions of the TRIPS Agreement 
for the Prevention, Containment and Treatment of CO VID-19. 
6.78.   The representative of Cuba said that it was an honour and a privilege to work with Dr. Ngozi 
Okonjo -Iweala  in the organization an d reiterated  Cuba's  intention to cooperate in every way possible 
to help her meet the organization's mandate and fulfil her duties as Director -General. Cuba 
commend ed the TRIPS Council Chair for her efforts in facilitating discussions on the TRIPS Waiver 
Proposal. Her report  showed the progress Members  had made in the discussions thus far. Members  
were yet to reach consensus but Cuba saw in those debates that  they share d common goals.  
6.79.   The goal and vision that should lead Members'  conversations was access to health – one of 
the fundamental human rights. Th at include d timely and equitable access to health services. Cuba 
had a free, high quality and universal healthcare system which guarantee d the right to health of all 
Cubans. While Cuba had had COVID -19 cases in its population , its system ha d allowed it to stand 
up and to have some positive outcomes in the context of the COVID -19 pandemic. If Members  were 
to slow the spread of th e pandemic, it was urgent for them to ensure international cooperation to 
accelerate and scale up th e production of vaccines and essential medical supplies and equipment to 
ensure the protection of everyone in all parts of the world.  
6.80.   Cuba ha d put forward vaccine candidates for COVID -19 which was currently in clinical trials 
– thanks to Cuban scientific research and the excellent work of the scientists and despite all of the 
difficulties that c ame with the economic, financial embargo practiced against Cuba by the United 
States. The world  could only move forward if Members set aside  their differences and h ad a common 
response to the challenges they faced. The developing world w ould continue to extend its 
cooperation and solidarity in the fight against the pandemic.  
6.81.   The representative of Chad, on behalf of the LDCs , had co-sponsored  the Waiver P roposal  and 
support ed the report and efforts  of the TRIPS Council  Chair. The LDC Group urged Members to work 
with the proponents to solve th e matter as many lives were at stake . Members  should  stop the trend 
of vaccine nationalism that appear ed to be on the rise . A pandemic with a global impact of th at 
proportion require d no one to be left behind in terms of access to lifesaving and protective vaccines.  
6.82.   The representative of Gabon  associate d with the statements by the ACP and the African 
Group. Gabon  suppor ted the request for a Waiver by India and South Africa and commend ed the 
TRIPS Council Chair for her work in th at regard. The request aim ed at effectively addressing the 
COVID -19 pandemic on a global scale. Such a Waiver w ould contribute to the work Members  were 
doing to ensure that the multilateral trading system c ould bring coordinated, effective and equitable 
response to th e global health crisis by allowing to strengthen global production chains of diagnostics, 
vaccines and other products used to treat COVID -19. The multilateral trading system ha d an 
extraordinary opportunity before it to show its relevance.  
6.83.   The current pandemic was having  a very strong impact on the world  – slowing economies 
which could be fatal  to many countries . It was clear that if Members  were to stop th e crisis and save 
the global economy, access to vaccines should  be seen as a common good. In fact, if Members  were 
to effectively fight the pandemic, international cooperation was not an option  but a right and a duty. 
Members  should  take measures which w ould overcome the problems with delivery and stock which 
were faced by most of the countries that were beginning their vaccine programmes. Gabon  invite d 
the General Council to enter into a constructive debate on th at matter.  
6.84.   The representative of Malaysia  underscore d the importance of timely access to affordable 
diagnostics, therapeutics, vaccines and other medical product s in order to effectively contain the 
spread of COVID -19. Many delegations  had express ed their interest in global cooperation. The fight 
against th e global pandemic , which was taking so many lives and badly  hitting econom ies, require d 
enhanced international cooperation and worldwide solidarity.  With th at in mind, Malaysia  welcome d 
discussions and engagement on the Waiver Proposa l thus far. In view of the pressing global need to 
prevent, contain and treat COVID -19, Malaysia  stress ed the importance of undertaking all measures 
necessary to facilitate the supply of essential medicines and equipment - enhancing the ir accessibility 
and affordability. Malaysia  looked forward to advancing meaningful discussions in th at area.  
6.85.   The representative  of Cambodia  associate d with the statement by the LDC Group. The COVID -
19 pandemic ha d affected many sectors especially those related to health. LDCs were facing a lot of WT/GC/M/190  
 
- 39 - 
 
  challenges during th at period further worsening their capacity constraints including on acquiring 
sufficient vaccines and medicines. Cambodia  encourage d all Members to explore all possibilities to 
ensure that developing and LDC Members w ould be able to access affordable COVID -19 treatments, 
vaccines and related medicines. The proposal for a Waiver from Certain Provisions of the TRIPS 
Agreement w ould contribute and assist Members  to resolve th ose challenges and constraints they 
faced in that regard. Cambodia  therefore encourage d Members to positively consider and support 
the Proposed Waiver and reach consensus. Cambodia  thank ed Members and international 
organizations including the WHO for working closely with it to prevent the spread of the virus as well 
as China, India and other s for providing vaccines.  
6.86.   The representative of Canada  support ed the status report and was pleased that Members 
were able to reach agreement on a way forward on th at important discussion to which Canada 
remain ed committed. Canada look ed forward to resuming  constructive discussions at the TRIPS 
Council meeting on 10 -11 March. Canada acknowledge d the continued and devastating impact of 
COVID -19 for countries around the world and recognize d that the procurement of COVID -19 
diagnostics, therapeutics, vaccines a nd equipment ha d been and remain ed extremely challenging 
including in view of production capacity.  
6.87.   Members ha d the ability to make use of the interpretation framework and the concrete 
consensus -based tools under the TRIPS Agreement to address any IP relat ed public health challenges 
that could  arise Members' response to COVID -19 and remain ed fully open to exchanging their own 
experiences and hearing about concrete challenges faced by Members in th at area. Canada ha d not 
rejected from consideration and remai ned fully open to discussing any concrete trade -related IP 
challenges faced by Members in relation to COVID -19 and any demonstrated inability of the TRIPS 
Agreement's flexibilities to address th ose challenges so that they could discuss what approach or 
approaches would address the concerns of Members in a consensus -based manner.  
6.88.   The Chairman  said that Members  had had another rich and interesting discussion which 
showed the importance they attach ed to the issue.  He encourage d all Members  to remain positively 
engaged in the further discussions in the TRIPS Council  which w ould take place next week. He again 
thank ed the TRIPS Council Chair for her status report and, as  was heard earlier, the TRIPS Council 
would report back to the General Cou ncil in line with Article IX:3 of the Marrakesh Agreement.  
6.89.   The General Council took note  of the TRIPS Council Chair's report and of the statements.  
7  SUPPORTING THE CONCLUSION OF FISHERIES SUBSIDIES NEGOTIATIONS FOR THE 
SUSTAINABILITY OF THE OCEAN AND FISHIN G COMMUNITIES - DRAFT MINISTERIAL 
DECISION - COMMUNICATION FROM BRAZIL (WT/GC/W/815)  
7.1.  The Chairman  recalled that the item was included in the agenda by the delegation of Brazil 
together with the communication in document WT/GC/W/815.  
7.2.  The representative of Brazil had requested the inclusion of th e item on the agenda of the 
General Council to introduce to the Membership its proposed draft Ministerial Decision entitled,  
"Supporting the Conclusion of Fisheries Subsidies Negotiations for the Sustainability of the Ocean 
and Fishing Communities ". The draft decision had been  circulated after the previous  General Council 
meeting , on 22 December, as document WT/GC/W/815.  The starting point of th e initiative had been  
Members'  inability to meet the d eadline set by the Heads of State and Government , concerning 
Sustainable Development Goal 14.6, to conclude the fisheries subsidies negotiations.  
7.3.  20 years after the launch of the negotiations, the percentage of fish stocks within biologically 
sustainable levels ha d dropped continuously. The efforts made by many countries and regions ha d 
so far not been enough to reverse th at global trend. It was well -known that certain policies and 
practices of massive subsidization ha d played and continue d to play an impo rtant part in the 
continued degradation of the environment.  
7.4.  That wa s precisely why Members  should keep a sense of urgency to finalize the negotiations. 
It was no small matter that the only multilateral negotiation in the WTO t hat day that could yield 
results in the short run ha d a sustainability purpose. Members  were collectively responsible for the 
fishing resources and the livelihoods of millions of people around the world who were dependent on 
it. They therefore ha d a crucial role to play in securing a r obust agreement to curb subsidies that WT/GC/M/190  
 
- 40 - 
 
  led to overcapacity and overfishing and contribute d to the depletion of global maritime fish stocks, 
as well as to illegal, unreported and unregulated fishing. Failure to deliver on th at goal w ould have 
a deep impact on the credibility of the negotiating pillar of th e organization.  
7.5.  In that context, the purpose of the draft Ministerial Decision was to send a strong message of 
commitment from the WTO Membership, indicating that the WTO  was serious about reaching an 
ambitious agreement.  It was rewarding to see that the pace of negotiations since June 2020 was 
intense and that delegations were committ ed to advancing technical activities despite the restrictions 
of the COVID -19 pandemic. At the same time, Brazil  acknowledge d that Member 's positions on 
important and sensitive issues were still far apart. Members  should identify appropriate landing 
zones in order to reach a multilateral agreement that truly deliver ed on sustainability and trade.  
7.6.  Brazil was engaged in reaching out to Members to clarify the purpose of the proposed draft 
Ministerial Decision. As  it had been stating, its contents were general. They d id not tackle the current 
deadlocks and divergences in the negotiations and d id not aim at chan ging or including any new 
issues to the already agreed mandate. In its understanding, the MC11 decision on fisheries was still 
valid and th e new proposal would only aggregate a new gesture of engagement from Members in 
reaching a final agreement.  Brazil in vited all Members to join th e initiative and hope d that the 
proposed draft could be approved by the General Council before MC12. Brazil  looked forward to 
working constructively with Members on th e paper  and was encouraged by the priority attributed by  
Dr. Ngozi Okonjo -Iweala to the conclusion of an agreement as soon as possible.  
7.7.  The representative of the Philippines  noted that, as Members  welcome d Dr. Ngozi Okonjo 
Iweala, the Philippines was happy to extend its support to the Membership's  shared vision of having 
a concrete, text -based outcome on fisheries subsidies at MC12.  
7.8.  The representative of Costa Rica  thank ed Brazil for its proposal  and agree d on the need for the 
multilateral agreement on fisheries subsidies to contain the highest pos sible standards of 
environmental sustainability, for the benefit of the ocean and fishing communities . Costa Rica 
however  reiterate d its position that th at objective c ould only be obtained through the inclusion of 
effective and enforceable disciplines unde r the provisions of the WTO Dispute Settlement 
Understanding. There was no denying that an approach based on environmental sustainability could 
lead to disputes regarding the interpretation and implementation of the disciplines based on the 
environmental c omponent, and that such disputes could only be settled if the panels entrusted with 
settling them ha d the appropriate powers to carry out the task before them.  
7.9.  As it had stated at previous meetings of the Negotiating Group on Rules, in Costa Rica's view, 
concerns about the panels' terms of reference should be addressed in the substantive disciplines of 
the Agreement and not through limitations on the powers of those panels. Otherwise, there could  
be contradictions and issues of effectiveness and enforceabil ity vis -à-vis the disciplines. Costa Rica 
would continue to work on effective and enforceable disciplines so that they met the standards of 
environmental sustainability proposed by Brazil.  
7.10.   The representative of Bangladesh  said that i t was crucial for Membe rs to have an outcome on 
fisheries subsidies to prove that multilateralism work ed. They had a clear mandate focused on 
subsidy prohibition. Members  should  be mindful that th at mandate  was directed on them  because 
subsidy was a WTO issue and marine fish was their common good. They therefore  had a collective 
responsibility.  The genesis of the fisheries subsid ies negotiation was ascribed from the Doha 
Ministerial Declaration. Considering the importance of th at sector to LDCs an d developing country 
Members, in the 2005 Hong Kong Ministerial  Declaration , it was acknowledged, and further, 
mandated to take into account their development priorities, poverty reduction, livelihoods and food 
security concerns in any outcome on the fisheries subsidies negotiation. SDG 14.6 was not something 
new. Rather , it was part of the  Hong Kong  Ministerial  mandate . Members had only added a deadline 
to conclude th ose negotiation s.  
7.11.   Bangladesh  was actively engaging in th ose negotiation s and  express ed its deep appreciation 
to Chair of the Negotiating Group on Rules, Ambassador Santiago Wills , for tabling a draft 
consolidated text . Bangladesh urged all Members  to work on the text to fulfil their collective 
responsibility. Bangladesh also thank ed Brazil for th e draft Ministerial Decision contained in 
document WT/GC/W/815 and would like to ask the following questions: "What was the purpose and 
objective of tabling another mandate, while Members  already ha d one? By th at submission, are they WT/GC/M/190  
 
- 41 - 
 
  not envi saging that the negotiation would not be completed by MC12? " If so, "are they saying that 
the existing mandate was not enough to prohibit subsid ies and thus to save marine fisheries? " 
Bangladesh l ooked forward to hearing from Brazil and  expresse d its readi ness to constructively 
engage with Members to complete their collective responsibility on th e issue.  
7.12.   The representative of Barbados  placed great importance on the sustainability of the ocean 
and fisheries communities. It was against th at backdrop that Barbados joined others in thanking 
Brazil for its contribution outlined  in WT/GC/W/815. Barbados was also concerned with the state of 
fisheries stocks at a global level and more systemically the oceans. It was for th at reason that its 
commitment and participat ion in the deliberations of the Negotiating Group on Rules ha d continued 
to be guided by SDG 14.6 and by the mandate which had been  reaffirmed by the Ministers at MC11. 
Barbados was therefore working assiduously with other Members with the aim of concluding 
negotiations on fisheries subsidies. Members  had no doubt that with th at pragmatism, enhanced 
commitment and the requisite political will, they could conclude their negotiations th at year. 
7.13.   Members should  be reminded that if they were to truly deliver on their mandate, the target 
should  be on major subsidizers and largescale industrial fishing. Members  should  also allow for 
adequate policy space for LDCs and developing countries like  Barbados that ha d under -developed 
fishing industries and d id not contribute to overfishing and overcapacity. Barbados was not in a 
position to accept the use of per capita income or other indicators which d id not adequately take 
into consideration th ose and other factors and would unduly and unconscionably impact  their ability 
to access S&DT. Barbados associate d with the statements by CARICOM and the ACP.  
7.14.   The representative of Thailand  stressed that r eaching a conclusion on the fisheries subsidies 
negotiat ions ha d never been more critical. Members  needed to share a sense of urgency and put 
utmost efforts in negotiations with the view to achieving the MC11 mandate and SDG 14.6. A further 
delay in delivering such meaningful multilateral agreement w ould raise questions about the WTO's 
ability to protect and preserve the sustainability of fisheries resources. In th at regard, Thailand 
reaffirm ed its commitment to actively engage in future discussions and support ed the Chair's text 
as a basis of negotiations for m oving forward towards a balanced outcome at MC12 – responding to 
calls for a meaningful agreement with effective disciplines and sufficient policy space.  
7.15.   The representative of Norway  was working with other Members to conclude as soon as 
possible a high standard agreement on fisheries subsidies to support sustainable fishing and the 
implementation of SDG 14.6. Norway  agree d wholeheartedly with the intent of the proposal from 
Brazil. While  the declaration sen t an important political signal, Members should concentrate on 
reaching consensus on the text of the disciplines they were negotiating as soon as possible.  
7.16.   The representative of Chinese Taipei  noted that f isheries subsidies negotiation was currently 
the most important topic in the WTO concerning deliverables for MC12. Brazil's proposal urge d 
Members to deliver  a high standard  outcome in relation to  environmental sustainability. Chinese 
Taipei  share d the same view and urge d Members to hav e sustainability as their highest common 
goal. The proposal correctly state d that the outcome of th ose negotiations w ould not only benefit 
the fishing communities and the ocean but also the WTO. Chinese Taipei  welcome d the proposal , 
would continue making e fforts to facilitate the negotiation s and  hoped Members c ould be more 
flexible on certain key issues.  
7.17.   The representative of the Russian Federation  fully share d the endeavour of Brazil and other 
Members to reach a meaningful outcome by MC12 and st ood ready to continue constructive 
engagement within the Negotiating Group on Rules. Having said that, Russia recalled  that Members 
were yet to resolve fundamental substantial differences. In particular, while the majority of Members 
called for sustainabilit y of fisheries resources, not every one of those advocating healthy fish stocks 
accept ed clear disciplines linked to science -based metrics and fisheries management, which was vital 
for long -term sustainability of resources.  Besides that, many Members reque sted de facto full 
carveouts for their fleets in the entire EEZ under the guise of flexibilities for "small -scale fishing ". 
Others propose d de facto eternal exemptions for almost all developing countries, except two or three 
of them, and depict ed such prop osals as allegedly "temporary " transitional periods.   
7.18.   Against th at background, Russia  was concerned that full -fledged discussion of the draft 
Ministerial decision as proposed by Brazil would detract resources, opening up a parallel track of 
negotiations ab out the aims of negotiations. Eventually, that could  harm the main negotiating WT/GC/M/190  
 
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  process within the Negotiating Group on Rules.  The mandate from MC11 s tated that " Members agree 
to continue to engage constructively in the fisheries subsidies negotiations, wit h a view to adopting, 
by the Ministerial Conference in 2019, an agreement on comprehensive and effective disciplines  
[...]" Since the Conference ha d been postponed from 2019, the existing mandate  was still valid and 
sufficient for Members'  engagement in ne gotiations on fisheries subsidies on the road to  MC12.  
7.19.   The representative of South Africa  recalled that t he mandat e enshrined in  SDG 14.6 was to 
"by 2020, prohibit certain forms of fisheries subsidies which contribute to overcapacity and 
overfishing, and e liminate subsidies that contribute to IUU fishing, and refrain from introducing new 
such subsidies, recognizing that appropriate and effective special and differential treatment for 
developing and least developed countries should be an integral part of the  WTO fisheries subsidies 
negotiation. " South Africa  agree d with the need to conclude a fisheries subsidies agreement in 
accordance with th at mandate  but was  concerned that the proposal  seem ed to re-interpret the 
mandate in ways it found problematic. The mandate was not to "curb" but prohibit certain forms of 
fisheries subsidies which contribute d to overcapacity and overfishing, and eliminate subsidies that 
contribute d to IUU fishing.  
7.20.   S&DT which was a critical element of the mandate was not mentioned in the text. While the 
prohibition of certain forms of fisheries subsidies w ould hopefully contribute to the health of the 
ocean, it would not necessarily automatically benefit all fishing communiti es in developing countries. 
Hence, the mandate to integrate S&D T in the final outcome.  Further, the genesis of the fisheries 
subsidies negotiations was outlined in the 2001 Doha Ministerial Declaration, which was further 
amplified in Annex D of the 2005 Ho ng Kong Ministerial Declaration. The objective of the fisheries 
subsidies negotiations was "enhancing the mutual supportiveness of trade and environment ".  
7.21.   It was not clear what w as mean t by the "highest standards of environmental sustainability " 
and wheth er Members ha d a common understanding of th at concept especially in light of different 
capacities  of Members and different management systems used in different circumstances and multi -
species obtain ed in some of the Members.  In view of the need for clarifi cation that could  be required 
in the choice of language used in the draft Ministerial Declaration, the priority for Members should 
be to conclude the fisheries negotiation s. While noting the good intentions of Brazil, the introduction 
of the declaration  could divert attention from the current negotiations facilitated by the Negotiating 
Group on Rules Chair which ha d gained momentum. Members'  priority and focus should be the 
negotiations as facilitated by the Chair rather than negotiation s on the language in the declaration.  
7.22.   The representative of Nigeria  had forwarded to the proposal to its  capital for review  but made 
preliminary remarks without prejudice to its final position on th e issue.  Since Members  had missed 
the 2020 timeline to deli ver on SDG 14.6 and the WTO Ministerial mandate, the least they could do 
was to work towards outcomes  on the fisheries subsidies negotiations on or before MC12. The draft 
MC12 Declaration appear ed to suggest the need to commit to future date beyond MC12 fo r the 
completion of the negotiations.  SDG 14.6 and the WTO Ministerial mandate require d that Members  
prohibit ed certain forms of fisheries subsidies which contribute d to overcapacity and overfishing and 
eliminate d subsidies that contribute d to IUU fishing.  The draft MC12 Declaration  seem ed to introduce 
a requirement for Members to only curb or reduce harmful subsidies  which was  contrary to SDG  
14.6 and the WTO Minister ial mandate.  
7.23.   Paragraph 9 of Annex D of the 2005 Hong Kong Ministerial Declaration as well as the 2001 
Doha Ministerial Declaration had unambiguously stated that the objective of the fisheries subsidies 
negotiations was "enhancing the mutual supportiveness of trade and environment ". The proposed 
objective of "highest standards of environmental sustainability " in the draf t Ministerial D ecision 
differed substantially from that which was set out in the Doha and Hong Kong Ministerial Declaration. 
Rather than focus on the req uirement of SDG 14.6 and the WTO Ministerial mandate to prohibit and 
eliminate subsidies that contribute d to overcapacity and IUU , respectively, it appear ed that  the 
proposal also s ought  to introduce fisheries management obligations into the WTO. Nigeria h ad made 
it clear on several occasion s that it  was not in support of fisheries management obligations in the 
WTO as th at approach ha d proven in the past to be ineffective in addressing global overcapacity and 
overfishing problems.  
7.24.   The proposal seem ed to foc us mainly on  one of the Sustainable Development Pillars which 
was the environmental  pillar and ignored the other two, namely , the economic and social pillar s. The 
2001 Doha and the 2005 Hong Kong Ministerial Declaration s, SDG 14.6 as well as their Minister ial 
Mandate were unambiguous on the need for effective S&DT for developing countries to be an integral WT/GC/M/190  
 
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  part of the outcomes of the negotiations . The proposal had completely ignored th at issue of critical 
fundamental importance to developing countries.  Nigeria's  preliminary comments notwithstanding, 
it was open to further engagement with Brazil to gain insight on respective elements of the proposal.  
7.25.   The representative of The Gambia  said t hat Dr. Ngozi Okonjo -Iweala's assumption of office 
as Director -General was  the start of an exciting chapter in the history of the organization. The 
Gambia associate d with the statements by the ACP, the African Group and the LDC Group. The 
Gambia  reaffirm ed its commitment to conclude th ose negotiations in 2021  and st ood ready to work 
constructively with all Members to ensure that they deliver ed on the mandates entrusted to them 
under SDG 14.6 and  by Ministers at MC11. The Negotiating Group on Rules under the  able leadership 
of Ambassador Wills ha d made substantial progress over the past year. Despite divergences among 
Members in some key areas, the basic foundations were in place to reach a deal. The Gambia  took 
note of the Director -General's statement indica ting her desire for the conclusion of the negotiations 
by the middle of the year  and stood ready to work on the basis of th at timeline.  
7.26.   The representative of Sri Lanka  was fully committed to the negotiations on fisheries subsidies 
as per SDG 14.6 and the M C11 mandate. The mandate was to prohibit certain forms of harmful 
subsidies that contribute d to overcapacity and overfishing and to eliminate subsidies that support ed 
IUU fishing. Having said th at, Sri Lanka  was somewhat disturbed that the communication d id not 
fully reflect the commitment of the Leaders mentioning SDG 14.6 and the mandate from Trade 
Ministers agreed at MC11. The communication d id not mention anything about S&DT for developing 
and LDC Members whi ch was an integral part of SDG 14.6 and the MC11 mandate. Th at sadly 
disregard ed other important SDGs related to SDG 14 which provide d mandates to deal with marine 
micro -plastic pollution, ocean acidification, fish by -catch, fishing post -harvest losses and  providing 
access to small scale artisanal fishers to marine resources and markets which were enshrined in 
SDG 14 and directly affecting the sustainability of the ocean and fishing communities.  
7.27.   Effective and appropriate S&DT was an integral part of th ose negotiations and without catering 
to the needs of developing and LDC Members, there c ould not be any agreement. While recogniz ing 
that the sustainability of the oceans and marine resources was at the core of the disciplines being 
negotiated, Members ha d to contribute to th at effort as per the international conventions and 
instruments which govern ed the global marine resources. WTO fisheries subsidies negotiations were 
one of such contributing factor s to the sustainability of marine resources. Members ha d to take 
differentiated responsibility while taking obligations under the new disciplines. Some of th ose sub -
divisions were being negotiated under different UN bodies. The ultimate objective and sustainable 
solution for SDG in the fisheries subsidies negotiat ions should inherit the developmental dimension.  
7.28.   For th at purpose, whereas development indicators c ould be used to assess whether the 
developing world h ad evolved , S&DT,  the basic principle of  the multilateral trading system , was 
required. Innovative idea s had been presented by the developing and LDC Members to capture the 
developmental aspects of the S&DT. They t ook the form of carve -outs based on territorial and 
geographical demarcations, fisheries capacity and fishing practices. Sri Lanka  was concerned that 
some Members continue d to argue that S&DT should be limited to transition period s plus technical 
assistance which was blocking the negotiating process in the area of S&DT.  
7.29.   Managing to unblock the current impasse through innovative approaches on the table to 
preserve S&DT in the fisheries subsidies agreement could  be the way out for having a successful 
outcome on th at negotiating file – where the criteria -based approach beari ng in mind  the 
developmental aspects was likely to gain more prominence in future negotiations. For achieving 
successful outcomes of the Doha Round at MC12 on fisheries subsidies, Members should  take greater 
account of the different needs of developing cou ntries and adopt more concrete provisions in th at 
regard than were currently contained in the Uruguay Round Agreements. The pertinent questions 
posed and clarifications sought by various delegations w ould further clarify whether the proposal 
had any releva nce on Members to discuss further – beyond the mandate that they currently had . 
7.30.   The representative of Vanuatu , on behalf of the Pacific Group , took note of  the draft 
declaration proposed by Brazil and recognize d the urgency to complete the fisheries subsid ies 
negotiations given the missed deadline under  SDG 14.6. The fisheries subsidies negotiation  was a 
priority for the Pacific Group and its members were  committed to delivering a meaningful outcome 
in that area by MC12. The agreement should focus on discip lining harmful subsidies and not fisheries 
management. Negotiations should  provide policy space for small developing Members especially 
small island developing States that ha d little to no fishing capacity at present, provide securit y for WT/GC/M/190  
 
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  small scale and a rtisanal sectors and should not undermine Members' rights under UNCLOS to offer 
access to EEZ on terms they decide d. The Pacific Group associate d with the  statement by  the ACP 
and encourage d all Members to work hard to deliver  on that area  at MC12.  
7.31.   The rep resentative of Indonesia  sought clarification on the implication s of the proposal to the 
mandate as stated in SDG 14.6 and on the relevant MC11 decision. The draft decision  had 
emphasized "highest standard s of environmental sustainability ". Indonesia asked  what standards 
Brazil was referring to  and the reason for obliging Members  to adopt  such sustainability standards. 
The discussion on fisheries subsidies went beyond sustainability issues. Hence, singling o ut one 
specific issue in the draft d id not reflect the real discussion on fisheries.  
7.32.   The representative of Jamaica , on behalf of the ACP , placed a high value on  the sustainability 
of the oceans. An outcome should be an effective policy tool in the global f ight against IUU fishing 
and global fish stock depletion. Th at was the context within which the ACP Group  was actively 
engaging in the negotiations on fisheries subsidies in the WTO. The ACP was  mindful however that 
the WTO 's competence in th at area was limited to subsidies and to the extent possible collaboration 
with other international organizations that ha d mandates in oceans and fisheries management.  
Member's  focus and priority should therefore be to conclude the negotiations through the N egotiating 
Group on Rules  process. Further , Members  already ha d a mandate which was sufficient to guide 
their work in that context  and wa s also in line with SDG 14.6.  
7.33.   The ACP Group therefore reaffirm ed its commitment to the implementation of SDG  14.6 and 
the MC11 mandate.  The focus of Members' engagement should be on major subsidizers and large -
scale industrial fishing. They should  ensure that the outcome provide d adequate policy space for 
developing countries and LDCs to develop their fisheries sector responsibly and sustainably. The ACP 
Group c ould not accept transition periods alone with technical assistance and capacity building. An 
outcome should  ensure that sovereign rights of Members were respected, national judicial processes 
were unfettered, implementation was not more burdensome than necessary to achieve their 
sustainability objective, the provisions remain ed within the competence of the WTO, and there was 
policy space for small scale and artisanal fishing.  The negotiations should be concluded th at year 
and the ACP Group would work towards making that a reality  – but flexibility, empathy and 
compromise from all parties were key ingredients to getting th at done.  
7.34.   The representative of Fiji associated with the statements by the ACP and the Pacific Group. 
Fiji appreciate d the urgency of the call as reiterated by Brazil to finali ze the negotiation s but was 
concerned that the focus of the draft Ministerial Decision was gravitat ing towards fisheries 
management which was not the mandate of their Ministers nor that re flected in  SDG 14.6. Fiji had 
confidence in the N egotiating Group on Rules  with the able leadership of Ambassador Wills to move  
the process  forward given the unfamiliar elements  in the proposal. However, the Director -Genera l 
mentioned that  Members should  complete the negotiation s by 2021 and they would not need  a 
separate draft Ministerial Declaration as the already had the MC11 and SDG 14.6 mandates .  
7.35.   Small island developing States and small subsidi zers such as Fiji and members of the Pacific  
Group  needed the agreement to be proportional targeting large subsidi zers comprised of  large-scale 
industrial fishing nations that were  contributing  to harmful subsidies  that directly  caused stock 
depletion. Policy space should be  granted to small economies to grow their fishing industry in light 
of their large ocean space and to supply their canneries. Small islands such as Fiji c ould not afford 
to continue to be locked into their existing circumstance s by the agreement  being negotiated.  They 
needed to grow their fisheries sector and , due to  the restrictions posed by COVID -19 to their service s 
sector , they we re turning into  the fisheries sector as a viable  area to drive their economy. As clearly 
elaborated under existing international norms such as UNCLOS, legit imate rights of coastal states to 
govern their own EEZs should  be recogni zed in th at agreement.  
7.36.   The representative of India said that, w hile the purpose of seeking a fresh  mandate  was not 
yet clear,  India had taken note of a few phrases in th e communication such as  "ambitious outcome ", 
"to curb subsidies that threaten global maritime fish  stocks ", "improve existing WTO disciplines in 
fisheries subsidies " and "highest  standards of environmental sustainability ". India remain ed fully 
committed to the negotiations on fisheries subsidies  as provided under the SDG 14.6 and the MC11 
mandates. India was deeply  concerned that the communication coming from a developing country 
did not mention explicitly about  S&DT  for developing  countries and LDCs which was an integral and 
important part of SDG  14.6 and  the MC11 mandate.  While the proponent of th e communication did WT/GC/M/190  
 
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  not feel the need for S&DT, what was surprising was its silence on the entitlement of other developing  
countries and LDCs.  
7.37.   India was also disappointed to note that , in the name of collective responsibility , the 
communication put the countries with no or very few industrial fishing fleet in the same category as  
the countries having highly developed industriali zed fishing fleets. For environmental sustainability 
of fisheries resources, the polluter pays principle should be applied and those who ha d provided 
huge subsidies and depleted the marine resources by enga ging in unsustainable fishing should  take 
higher responsibility. An undue restriction on the development of the fisheries sector c ould not be 
imposed on those developing countries and LDCs which grant ed minuscule or d id not grant any 
subsidies for fishing or fishing related activities to their resource -poor fishermen.  While all  Members  
had a shared responsibility towards the sustainability of their oceans, the livelihood of millions of 
fishermen around the world was closely linked to the grant ing of appropr iate and effective S&DT to 
developing countries and LDCs.  
7.38.   The representative of Saint Lucia , on behalf of CARICOM , welcome d the submission by Brazil 
as a timely reminder of the original mandate and commitment set by SDG 14.6 and MC11 and 
reaffirmed consist ently at the level of the Negotiating Group on Rules. Those ha d been the guiding 
principles of the current negotiations and CARICOM remain ed committed to fulfilling th e mandate in 
those negotiations.  CARICOM  share d the concerns expressed in Brazil's communication  on the 
continuing decline of global fish stocks within a biologically sustainable level and the ongoing massive 
subsidization by countries leading to overcapacity , overfishing and IUU fishing. Th at was the concern 
SDG 14.6  tried to address  six years ago and that was why CARICOM  engage d in the negotiations.  
7.39.   The CARICOM Group  recall ed its shared commitment to deliver the highest standard of 
environmental sustainability in reaching a final conclusion in th ose negotiations underpinned by the 
collective recognition contained in SDG 14.6 that appropriate and effective S&DT for developing and 
LDC Members should be an integral part of the negotiations. It was no secret that they had serious 
structural impediments wh ich prevent ed them from fully developing their fisheries sectors. As such, 
the CARICOM Group reiterate d its position that for small fishing nations with an underdeveloped 
fishing sector, their footprint remain ed too small to have much, if any, negative eff ect on the health 
of global fish stocks. The small fishing nations c ould not be made to pay for the violations of the 
major subsidizers and large -scale industrial fishing nations.  
7.40.   Those Members  needed to retain the policy space to develop their fisheries sector in a 
sustainable manner and th at would be an important feature of a high standard outcome CARICOM  
was seeking in t he negotiations. The CARICOM Group contin ued to adumbrate its S&DT proposal in 
great detail throughout the negotiations and remain ed committed to working with Members through 
the ACP Group to explore practical ideas and options towards a mutually acceptable outcome.  
CARICOM  remain ed committed to engaging constructively in the negotiations  and urged all Members 
to work towards a successful outcome that they could present to Ministers and by extension the 
international community by MC12.  
7.41.   The representative of Chad, on behalf of the LDC s, was committed to conclud e the fisheries 
subsidies negotiation s in 2021 . The LDC Group had tabled a  text in 2017 covering  all elements  to 
facilitate Members in the  negotiations and arrive at a decision in Buenos Aires. The LDC Group had 
also submitted a text in 2020 to  assist  Members in moving  forward in that area and had  continu ed 
to constructively engage in finding realistic solutions that would hel p Members  achieve  their goal.  It 
was important to continue their work under the leadership of Ambassador Wills along with the strong 
support of all Members to find achievable landing zones to conclude the negotiations in 2021. The 
Director -General was also ready to join them in that endeavo ur. 
7.42.   The representative of the  United States  was carefully review ing the proposal in light of Brazil' s 
statement and the statements of other Members under th at agenda item. With respect to the WTO 
fisheries subsidies negotiations more generally, the United States was committed to const ructive 
engagement and to developing a meaningful agreement with effective disciplines to protect the 
oceans and fisheries resources. Th at would require Members to continue working to overcome 
obstacles in the negotiations and bridge the significant gaps t hat remain ed in Members ' positions. It 
would also require less focus on possible exclusions and flexibilities and more attention to disciplining 
harmful fisheries subsidies that counteract ed progress in achieving sustainable fisheries. The United 
States was committed to working with other Members to bring the negotiations to a successful, 
meaningful conclusion.  WT/GC/M/190  
 
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  7.43.   The representative of the European Union  noted that t he existing mandate from S DG 14.6 
and the WTO Ministerial Decision in 2017 on the fisheries sub sidies negotiations remain ed valid. 
Members  were already on borrowed time  to conclude the negotiations in advance of MC12. The 
European Union welcome d initiatives that br ought  Members  closer to their goal to reach an ambitious 
agreement as soon as possible  and support ed the emphasis that sustainability was the responsibility 
of the whole WTO Membership. While welcom ing the spirit of Brazil' s communication which was 
crucial for the negotiations to be successful , the European Union cautioned on  entering into  long 
discussion s on what was and what was not in the mandate which could  distract  them from the task 
at hand . Their  key focus should be on negotiating the disciplines and delivering a successful outcome.  
7.44.   The representative of Turkey  said that d elivering a meaningful and credible outcome without 
further delay in the fisheries subsidies negotiations in accordance with the mandate was a top priority 
not only for the WTO  but also for the future of the marine resources. Even though Members  had 
missed the deadlin e, their mandate remained  valid. The work programme of the Negotiating Group 
on Rules and the intense discussions since the new year affirm ed that commitment. Members  should 
be cautious in incorporating any additional commitment into their negotiations wit h a new language 
since th at could  bring new challenges and prolong the process. While agree ing that environmental 
sustainability was at the heart of the negotiations,  Members  should keep in mind the primacy of 
development in the negotiations as mandated. Turkey  was optimistic about 2021 . The appointment 
of Dr. Ngozi  and the decision on MC12 date and venue  paved the way towards  a successful outcome.  
7.45.   The representative of Namibia  associate d with the statement s by the African Group and  the 
ACP. Complet ing the negotiations  in 2021  was a top priority. Namibia  recognized  the efforts and 
progress made thus far on the work of the Negotiating Group on Rules. To achieve the desired 
outcome in th at area, Members should be mindful that the fisheries negotiations did not target 
market access but sustainability. The WTO was not a fisheries management organization and that 
the rights and obligations under international law  should  be respected to give the right to national 
authorities of coastal State s to determine IUU  fishing  and overfished stocks. The outcome of the 
negotiations should be an effective policy tool to further complement efforts undertaken by coastal 
States in their respective fisheries management programme and that of RMFOs to fight against IUU 
fishing a nd fish stock depletion globally. It should further address the capacity constraints and the 
need for policy space to build and develop domestic industries in LDCs and developing countries. 
Proposals advanced during the process of the negotiations should b e limited and be in line with the 
mandate with the view to achieving a positive outcome that would fulfil  SDG 14.6.  
7.46.   The representative of Mauritius , on behalf of the African Group , had consistently emphasi sed 
that any outcome at MC12 should inter  alia be based on the principle of sustainability. An agreement 
on fisheries subsidies that deliver ed on SDG 14.6 would be an excellent example for the WTO to 
prove that it was indeed committed to contribute to the sustainability agenda. The African Group 
however r emain ed concerned over the lack of progress and divergences on the approach to 
disciplining subsidies that contribute d to overcapacity and overfishing.  At MC11 in Buenos Aires, 
Members inter  alia had agreed "to adopt an agreement on comprehensive and effec tive disciplines 
that prohibit certain forms of fisheries subsidies that contribute to overcapacity and overfishing, and 
eliminate subsidies that contribute to IUU  fishing ". That decision had further recognize d that 
"effective special and differential trea tment for developing country Members and least developed 
country Members should be an integral part of these negotiations ". The African Group reiterated its 
commitment to the early conclusion of a balanced outcome on fisheries subsidies that would embed 
sustainability in WTO rules in line with the MC11 mandate.  The acceptance of the principle of 
common and differentiated responsibility would no doubt allow Members to find common ground.  
7.47.   The General Council took note  of the statements.  
8  WORK PROGRAMME ON ELEC TRONIC COMMERCE AND MORATORIUM ON IMPOSING 
CUSTOMS DUTIES ON ELECTRONIC TRANSMISSIONS – REQUEST FROM INDIA  
8.1.  The Chairman  recalled that t he delegation of India had requested that the item concerning the 
Work Programme on Electronic Commerce and Moratorium on  Imposing Customs Duties on 
Electronic Transmissions be included in the agenda of t hat day's meeting. As had also  recalled earlier, 
the item had been placed on the agenda of the December 2020 meeting, and the previous one in 
October.  WT/GC/M/190  
 
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  8.2.  The representative of India noted that the digital revolution was still unfolding. There was an 
existing and widening digital divide among Members which ha d been exposed further during  the 
ongoing COVID -19 crisis. On th at issue, India ha d been emphasi sing how important it was for 
Members to first bridge the digital divide by providing digital infrastructure. Many of them had not 
yet fully comprehend ed the  implications of e -commerce on competition and market structures , 
issues related to transfer of tech nology , data storage , automation and its impact on traditional jobs 
and the gaps in e -commerce policy and regulating frameworks in developing countries. That was 
why India ha d been a proponent of strengthening the multilateral work under the non -negotiatin g 
and exploratory 1998 Work Programme on Electronic C ommerce.  
8.3.  Under th at multilateral Work Programme and with the intention of understanding the 
implications of the moratorium on customs duties on electronic transmissions, India along with South 
Africa ha d earlier introduced three submissions which explain ed their understandin g of the scope 
and impact of the moratorium. In December 2019, India had joined the consensus on the intended 
six month extension of the moratorium until MC12 with an understanding that the Work Programme 
on Electronic Commerce w ould be reinvigorated with an objective of achieving clarity on issues 
related to the scope of the moratorium , definition of electronic transmissions as well as its impact. 
Due to the postponement of the Ministerial Conference , the moratorium ha d since been extended  
beyond the earlier agreed period of  six month s. 
8.4.  The WTO ha d a unique opportunity to make a contribution towards laying the foundation for 
an inclusive and development -oriented approach to electronic commerce. Multilateralism was vital 
in a world facing development challen ges. In th at regard, India along with South Africa ha d also 
circulated a paper  in WT/GC/W/812 which s ought the General  Council to play a central role in 
discussions on the Work Programme  by keeping that item under regular review , taking up any trade 
related issue of a crosscutting nature and keeping th e issue as a standing item on its agenda. They 
also sought the General Council to direct that the Work Programme on E lectronic Commerce be a 
standing item in the relevant WTO bodies as mand ated under WT/L/274. In line with that, India 
urged Members to engage sincerely on th ose issues under the multilateral Work Programme in th e 
General  Council and in the relevant WTO Bodies.  
8.5.  The representative of the Philippines  recognize d the importance of electronic commerce in 
facilitating cross -border trade especially in light of the current COVID -19 pandemic. Thus, as agreed 
in the General Council decision on 10 December 2019, the Philippines reiterate d its commitment in 
reinvigorating the work under the  Work Programme on Electronic Commerce and support ed the 
current practice of not imposing customs duties on electronic transmissions until the next Ministerial 
Conference. The Philippines  welcome d continuous discussions on the scope, definition and impact of 
the moratorium on customs duties on electronic transmissions and we st ood ready to engage with 
Members on th at important issue for a possible Ministerial decision on the future of the Work 
Programme and the Moratorium on Electronic Commerce  at MC12.  
8.6.  The representative of Zimbabwe  reiterate d its previous statements on the importance of 
reinvigorating the 1998 Work Programme on Electronic Commerce and the termination of the 
moratorium on imposing customs duties on electronic transmissions. C OVID -19 ha d led to an 
unprecedented and unforeseen boom in the digital economy with a huge demand in music, movies 
and video games. Whi le tariffs could be levied on previous digitized imports of th ose products 
through CDs, DVDs or CD -ROMS, th at was no longer the case as  those products c ould be downloaded 
online thereby prejudicing Members. The same applie d to books  largely traded as e -books.  
8.7.  In 1998 , very few products had been  digitally traded and Members  had never foreseen the 
digital revolution which was currently in their midst. Zimbabwe was a net importer of digitalized 
products and it was losing tariff revenue due to the moratorium which could be channe lled to the 
development of nascent local digital industries and the purchase of emergency health C OVID -19 
consumables. E-commerce discussions should be coordinated through the bottom -up approach 
outlined in the 1998 Work Programme to enable it to assume a subject -related focus incorporating 
the existing and necessary limitations and exceptions under various agreements. Zimbabwe  stood 
ready to constructively engage on the issue in future deliberations.  
8.8.  The representative of Indonesia  reiterated that the conclusion of the mandate for all Members 
to work on the Work Programme on Electronic Commerce along with the issue of the moratorium on 
imposing customs duties should not be forgotten. Indonesia d rew attention to the General Council 
Decision of 10 December 2019 where Members had agreed to reinvigorate the m ultilateral work WT/GC/M/190  
 
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  under the Work Programme as agreed and mandate d in 1998. Apart from  support ing the submission 
presented by India and South Africa on reinvigorating the Work Programme, Indonesia also share d 
the view that the multilateral work through clari fying the scope, definition and impact of customs 
duties on electronic transmissions should be kept in place and  progress  in the organization.  
8.9.  The fact that some Members  had attempted to advance an ambitious agenda on th at matter 
through another mechanism  should not hinder the continuation of th at multilateral work and  should 
not degrade the relevance of th e mandate.  Indonesia' s position on the moratorium on customs duties 
remain ed unchanged. It was important to address and resolve the digital divide along with the  issue 
of the  moratorium. There were conflicting studies on revenue loss – with UNCTAD suggesting that 
the loss was much more than USD 10 billion. As part of the dedicated session, it would be important 
to call experts from different organizations to present their views to facilitate Members'  deliberations . 
8.10.   The representative of Mauritius , on behalf of the African Group , thanked  India for highlighting 
the importance of pursuing in an accelerated manner the work e nvisaged in the 1998 Work 
Programme on Electronic Commerce a nd the General Council Decision taken in December 2019. 
While reiterating its statement  at the last General Council meeting, the African Group highlight ed 
that the Work Programme remain ed an impor tant element in Members'  ongoing discussions both in 
respect of the moratorium on the application of customs duties on electronic transmissions a nd the 
broader crosscutting issues. The COVID -19 pandemic continue d to have devastating impact on the 
services sector with demands in sectors such as tourism and transport being strongly affected. The 
damage on income and employment in th ose sectors ha d reached record levels in some countries 
such that recovery itself to pre -pandemic level could take years.  
8.11.   At the  same time, e -commerce ha d boomed but its benefits ha d neither been fairly nor 
equitably distributed – highlighting the existing digital divide between countries.  In its 
communication contained in JOB/GC/133 of 21 July 2017 on digital industrialization, po licy and 
development, the African Group  had underscored  the extremely high market concentration levels in 
the global e -commerce space. Any post pandemic recovery strategy  should,  among others , aim at 
bridging the digital divide to allow more countries to take advantage of digitalization. In th at regard, 
the African Group  advocate d the need to reinvigorate in an accelerated manner the 1998 Work 
Programme with a view to comprehensively addressing the development  aspects of e -commerce.  
8.12.   The representative of Ukraine  remain ed a strong supporter of the moratorium  on customs 
duties on electronic transmissions since it encourage d the engagement of business especially MSMEs 
in cross -border e -commerce and ha d already con tributed significantly to its global growth. Ukraine 
had already committed not to impose customs duties on electronic transmissions under a number 
of FTAs. For th at reason, Ukraine had supported the extension of the moratorium until MC12 and 
reiterate d its readiness to continue the work on th at issue with interested Members under the Work 
Programme on Electronic Commerce. However, taking into account the general nature of electronic 
transmissions and the fact that all Members ha d already applied the practic e of not imposing customs 
duties on electronic transmissions over two decades, Ukraine hope d that Members w ould come up 
with the decision to make the moratorium permanent  at MC12 . 
8.13.   The representative of Nigeria  had been consistent in call ing for the reinvig oration of  the 1998 
Work Programme and for explor ing ways of addressing the difficulties undermining the gains of 
developing countries from global digital trade. Th at was because despite the exponential growth of 
global digital trade, the benefits for most developing countries were ambiguous due to the n orth-
south digital divide and digital exclusion existing within respective econom ies. Nigeria support ed 
more structured and targeted discussions on horizontal and vertical issues regarding the trade 
related aspect of e -commerce under the Work Programme with a view to setting an inclusive and 
development -oriented agenda for consideration by Ministers at MC12. Such discussion s should , 
among others , clarify the scope a nd address classification issues.  
8.14.   Regarding the Moratorium, Nigeria  support ed the call for broad based discussions on scope 
and definition for Members  to gain greater insight and deepen their understanding of th ose issues.  
Nigeria  was also mindful of the legitimate concerns of some Members on the effect of the moratorium 
on fiscal revenue. Nigeria therefore  support ed the call by some Members for the four designated 
bodies under the Work Programme to delve deeper in to the benefits and costs of the Moratorium  
especially for developing countries. Such assessment should not however only focus on the static 
effects but also  on the dynamic effects to properly guide Members' discussions.  WT/GC/M/190  
 
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  8.15.   The benefits of e -commerce were una mbiguous. The sector ha d become the engine of 
economic transformation in Nigeria and it ha d set the country on a new growth trajectory. Rather 
than dwelling on the constructed revenue loss indicated in the results of some static analysis of the 
impact of t he Moratorium which were in public domain, Nigeria  focused on the opportunities  provided 
by e-commerce and how to optimize the gains from global digital trade. Nigeria was also co gnizant  
of the distortionary effects of an unpredictable global e -commerce environment for business and 
consumers likely to occur from the non -renewal of the Moratorium at MC12. The effect of such 
unpredictable global e -commerce environment on the world economy a lready shattered by COVID -
19 was unthinkable.  Nigeria  therefore called on Members to approach th ose issues with an open 
mind to enable them to continue to engage constructively on how they could foster inclusive 
development of e -commerce in their respectiv e econom ies and in the whole world . 
8.16.   The representative of Jamaica , on behalf of the ACP , had taken particular note of the title of 
the item and said that  the 1998 Work Programme on Electronic Commerce continue d to be a critical 
feature of the WTO 's regular  work and an essential fixture on the General Council 's agenda. The ACP 
thanked all Members that ha d contributed not only to the work in the General Council but also  in the 
other Bodies charged with examining the issue.  Members should  deepen their engageme nt and 
understanding of the question of the Moratorium . The discussions should however  go beyond the 
Moratorium and include other pertinent issues such as the extent of coverage of digital or internal 
taxes and a wider range of issues.  
8.17.   The ACP  was concerned that by MC12, Members  would again face the expiry of the Moratorium 
should they fail to establish a common understanding on the scope and definition of electronic 
transmission. Significant strides ha d been made in advancing ICT infrastructure an d services and 
they had seen the benefits in many respects during the still evolving COVID -19 crisis. The world  
however still face d a significant digital divide within and among countries that should  be addressed 
with urgency.  The ACP  support ed the element s highlighted by the LDC Group in its submission to 
the General Council in December 2019 and welcome d the proposal by South Africa and India which  
had been submitted to the General Council in December 2020.  
8.18.   In conducting the diagnosis of the Moratorium, the ACP had  recognized that some of the other 
areas of interest to its countries include d the costs to developing country and LDC consumers and 
businesses, discrepancies between traditional goods or products and electronic equivalents, and the 
application of  internal taxes on electronic transmission. A number of issues which had been  raised 
in the Work Programme were under negotiation in the JSI.  It was therefore important that the Work 
Programme was prioritized as it encompasse d an agreed workstream which w ould result in balanced 
outcomes in the  context of e -commerce.   
8.19.   Members should  take a pragmatic approach to discussing within the context of the existing 
1998 Work Programme  the issues of source code, localization  and the impact on data flows as well 
as consumer protection.  Those issues should be prioritized as they w ould begin to not only match or 
exceed the perceived impact which the Moratorium could  have on their regimes but  would also cater 
to thei r ability to make greater use of e -commerce to earn revenue, become producers of higher 
level technological advancements and improve the basic way of life for their people.  
8.20.   The ACP Group recognize d that it should play its part in ensuring that the Work Programme 
contin ued to remain relevant and address issues of social and economic interest to ACP countries.  
The Group  therefore suggest ed that the General Council t ook up a series of issues of a crosscutting 
nature  such as  source code, localization and data protection alo ng with the question of the 
Moratorium and its impact on both consumers and businesses.  The discussion could  be organized in 
informal mode or in dedicated sessions.  The ACP  Group hoped that organizing themselves on key 
outstanding crosscutting issues withi n the context of the existing mandate of the Work Programme 
could  enlighten Members  as they prepare d for the decision to be taken by Ministers at MC12.  
8.21.   The representative of Thailand  recognize d the importance of the 1998 Work Programme on 
Electronic Commer ce and remain ed committed to the General Council Decision of December 2019. 
Thailand  looked forward to deepening its engagement in future discussions. On the Moratorium, it 
had been highlighted that e -commerce play ed a crucial role in sustaining the global economic 
activities during the COVID -19 pandemic and w ould be a key component to economic recovery.  
Thailand  therefore support ed the continuation of the current practice of extending the Moratorium 
to maintain certa inty and predictability for global business at th at critical juncture.  WT/GC/M/190  
 
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  8.22.   The representative of Chile support ed the Moratorium. Many studies ha d shown  that customs 
duties c ould lead to loss of income for those involved in  e-commerce . They  only ha d limited eff ect 
on government revenue but  could significant ly impact competitiveness. The advantage s of the 
Moratorium for developing countries had further  been highlighted during the workshop on the matter  
held at the WTO . In taking  a decision on the Moratorium, Memb ers should also listen to  the opinions 
of business es particularly MSMEs from developing countries.  On its scope, it was clear that the 
content of what had been  transmitted ha d great value.   
8.23.   Chile was convinced of the  development benefit s of maintaining the Moratorium and  called 
for its renewal on a permanent basis. Chile was pleased to see the reactivation of th ose discussions 
in 2020  despite the difficulties caused by the pandemic  – demonstrating the existence of proper fora 
to discuss c oncrete interest s brought forward by Members under the Work Programme. Chile  
therefore d id not see the need for the Work Programme to be a permanent item on the General 
Council's agenda.  
8.24.   The representative of the United States  said that t he Moratorium ha d supported the rapid 
growth of digital trade over the past two decades and Members should be ready to agree to a 
permanent moratorium. In the previous  meeting, several Members had raised questions about the 
scope and definition of the Moratorium, including whether it applie d to content transmitted 
electronically. As the United States  had said before, the Moratorium clearly require d tariff-free 
treatment of digital content transmitted electronically. An alternate view would render the 
Moratorium all but meani ngless and would call into question what their Ministers had thought they 
had been  agreeing to in 1998.  
8.25.   The United States remain ed open to further discussions on any aspect of the Moratorium in 
advance of MC12. However, the it had  explained previously, the United States  did not see a need to 
establish any new permanent agenda items for the General Council or in the sub sidiary bodies. Some 
Members ha d continually highlighted the impor tance of the Work Program me while also signal ling 
their potential opposition to the continued renewal of the Moratorium.  The United States  noted the 
relationship between the Work Program me and the Moratorium in Ministers ' 1998 decision and in 
subsequent Mi nisterial decisions. If the Moratorium would  be discontinued, it was unclear that there 
would be a consensus to continue the Work Program me. 
8.26.   The representative of Chad, on behalf of the LDCs , referred to the LDC S ubmissio n on the 
Group's  priorities under  the Work Programme on Electronic Commerce. The LDC Group hoped the 
Chair's  successor w ould be able to guide Members  in their deliberations that w ould produce 
recommendations for them on the extension of the Work Programme and the treatment of the 
Moratorium. The LDC Group ha d noticed dynamic engagement on the e -commerce platform in 2020  
with high revenue results commensurate with the boost in demand for e -platforms including web -
meetings. There were also many e-commerce opportunities and success stories  in their communities .  
8.27.   Capacity and infrastructure challenges in LDCs however remain ed sever e. The LDCs  remained  
willing to continue to contribut e in the discussions under  the Work Programme and look ed forward 
to the Chair's  successor 's leadership to provide Members  with a structured schedule of meetings to 
bring together the elements otherwise mired in fragmented discussions occurring in the various 
bodies.  That would enable a  more effective deliberat ion of issues in volving the Work Programme and 
the Moratorium – particularly as the current decision would expire at MC12.  
8.28.   The representative of Sri Lanka  noted that due to the  implications  the Moratorium ha d on 
developing countries – which included  tariff revenue losses,  impact on industrialization, impact on 
the use of digital technologies such as  3D printing in manufacturing a nd losses of other duties and 
charges  – Members should  continue with the ir discussions under the  existing Work Programme in 
the respective bodies as per the specific mandate. Empirical data reveal ed that the developmental 
gains to be derived from the  Moratorium were much less compared to the revenue that ha d been 
foregone by small countries such as S ri Lanka since 1998 after agreeing into the Moratorium . 
8.29.   As flagged by many delegations, Sri Lanka was also having serious concerns especially given 
that the six -month period agreed on the Moratorium  in 2019 was currently  extended for another two 
years maki ng the entire time -period of the Moratorium four years. Th at had not been envisaged at 
the time Sri Lanka had agreed with the extension of the Moratorium in December 2019. Progress in 
implementing the Work Programme ha d been hindered by its indecisive natu re, the complexity of WT/GC/M/190  
 
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  the addressed issues and the deadlock of the Doha Round. When assessing progress, Sri Lanka  was 
disappointed and concerned that the discussions o n those specific fora ha d been overtaken by the 
plurilateral JSI – which had also equally  compromised t he Secretariat's resources.  
8.30.   The ultimate result ha d been that e -commerce discussions had lacked focus  – moving at snail 
speed and scattered between the four designated bodies. Members  could not continue to bear th ose 
setbacks if they were to continue with the existing Moratorium beyond MC12. It was therefore 
important to significantly update the 1998 Work Programme on Electronic Commerce and to 
understand the scope of the Moratorium, its potential impact on the sustainability of the domestic 
industries and job creation in developing countries and on revenue generation as a matter of priority 
which would give Members  the required level of comfort for continuing with the Moratorium.  
8.31.   Members'  priority in th at area should focus on the scope of the Moratorium which would inform 
decision -making by MC12. Accordingly, Members should h ave an updated Work Programme which 
could provide clarity on th ose issues – making  a decision on the Moratorium much easier to take in 
the future. Considering the significant importance of the continuation of the Work Programme in a 
meaningful and systematic manner, Sri Lanka support ed the proposal made by South Africa and 
India to reinvigorate the Work Programme under the existing bodi es. 
8.32.   The representative of Chinese Taipei  recalled that, a s shown in the past 22 years, the practice 
of not imposing customs duties  on cross -border electronic transmissions ha d significantly supported 
the growth of the ICT sector and had assisted MSMEs to i ntegrate into global trade. Chinese Taipei  
therefore agree d to maintain the Moratorium  and reaffirm ed its  support to make it permanent . 
Chinese Taipei  was pleased to see the fruitful discussions in the relevant WTO Bodies on the Work 
Programme on Electroni c Commerce. The sharing of practical experiences and information among 
Members help ed promote related work and bridge the digital divide. Chinese Taipei  would be pleased 
to listen on the reasons why the current structure of discussion was insufficient and why there was 
a practical need to establish a new standing agenda item beyond the existing format.  
8.33.   The representative of the European Union  welcome d the interest expressed by Members to 
engage in discussions in the context of the Work Programme including o n the Moratorium.  The 
COVID -19 pandemic ha d highlighted the importance of electronic commerce. The European Union  
was pleased with the useful exchanges on the development dimension of e -commerce  such as in the 
CTS in the course of the year  and remain ed open to continuing th ose discussions.   
8.34.   The European Union  under scored  that the Moratorium provide d the predictability an d security 
that consumers and businesses – both in developed and developing countries – needed when 
engaging or planning to engage in e -commerce.  Several recent economic studies ha d provided 
scientifically solid new evidence on the positive economic implic ations of the Moratorium. Th at was 
not the case of the recent UNCTAD paper on e -commerce which t ook a narrow approach without 
looking at the broader economic benefits of the work that Members  carried out in the WTO.  
8.35.   The European Union remain ed committed t o continue engaging in structured discussions on 
the Moratorium in line with the G eneral Council  Decision of December 2019 taking into account the 
new evidence that ha d been published over the last couple of years on the multiple benefits of the 
Moratorium  for business and citizens.  While Members had decided to extend the Moratorium until 
MC12, the European Union hope d that the Ministers w ould be in a position to consider a longer term 
– if not permanent – extension at the upcoming  Ministerial  Conference  in December.  
8.36.   The representative of Pakistan  recall ed its statements under th at agenda item on previous 
occasions. The Moratorium ha d already been under discussion for quite some time . Rapidly evolving 
technologies in the digital age, while becoming great enablers, were also a reminder of how far 
behind developing countries were in modern digital times. At the same time, such developing 
countries, most often constrained financially, an d at the same time seeking to advance sustainable 
development through modern technologies, c ould not ignore serious revenue and industrial 
implications for their economies.  
8.37.   Specifically, the scope and definition of electronic transmissions was increasingl y becoming a 
complex area. At a domestic and social level, welfare for the consumers and producers within a 
national economy need ed to be balanced by governments as well. Opportunities for digital industrial 
development in developing countries c ould only i mprove if the choice to maintain duties remain ed WT/GC/M/190  
 
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  with sovereign governments to allow them to choose if , on what  and when  to impose duties. Any 
decision on the continuation of the Moratorium c ould not be straightforward and should  consider all 
aspects affecting developing countries.  
8.38.   The G overnment of Pakistan had put digiti zation and digital development as one of its top 
priorities . Members  should  find collective ways for developing countries to secure their place on the 
global digital map. As the multilater al mandate on the 1998 Work Programme  on Electronic 
Commerce  needed to be fulfilled in a focused way to discuss and explore solutions for developing 
countries , Pakistan support ed the call for its  reinvigorat ion. 
8.39.   The representative of China  said that t he decision adopted in 2019 had been  important for 
provid ing predictability to the global e -commerce market – enhancing the confidence of businesses 
and consumers in the multilateral trading system. China support ed that decision and believe d that 
the discu ssions in various forms had been  useful and had shed more light on the issues such as the 
scope and definition of electronic transmissions and the implications of the Moratorium on the global 
economy. China urge d Members to continue their constructive effo rts and to strive to achieve a 
meaningful outcome from the structured discussions that would better inform the decision -making 
process in the lead up to MC12.  
8.40.   The representative of Turkey  noted that t he growth of the digital economy in the past fifteen 
years trigger ed further discussion on th e topic. Digital transformation had changed the traditional 
way of trade. In the face of breakthrough technologies, it was not always easy to predict new 
opportunities and challenges ahead of them. Addressing the trade -related aspects of digitalization 
in the WTO was thus  crucial. Reinvigorating the Work Program me would assist Members  in that 
respect and the JSI on Electronic Commerce c ould be complementary to their multilateral agenda.  
8.41.   On the other hand, due considerat ion should also be given to the clarification of the scope of 
the Moratorium, definition of electronic transmission, identification of the products covered under 
the Moratorium and its impact on customs duties. In their work, Members  should not only consid er 
the benefits of the Moratorium especially in supporting MSMEs in developing countries but also the 
digital divide and the need for policy space. A truly unbiased methodology w ould be beneficial in 
assessing all the aspects of the Moratorium and c ould contribute to their decision in the future. Until 
they had a clear picture, extending the Moratorium c ould be an appropriate solution.  
8.42.   The representative of South Africa  recall ed the joint proposal it had  made with India on 
reinvigorating the work under t he Work Programme in the G eneral Council  meeting in December. In 
the 2019  decision, Members had agreed that  work would  include structured discussions in early 2020 
based on all trade -related topics of interest brought forward by Members, including LDCs, in cluding 
on scope, definition and impact of the Moratorium. Members had also agreed to maintain the current 
practice of not imposing customs duties on electronic transmissions until  MC12 . Members had further 
agreed that the General Council sh ould report to the Twelfth Session of the Ministerial Conference . 
8.43.   There was no single agreed definition and/or use of the term e -commerce and what it 
comprise d – with the WTO, its individual Members, international organizations, business entities and 
other relevant stake holders using different formulations. To make matters worse, the terms "e-
commerce " and "digital trade " were often but not always used interchangeably. Th at interchangeable 
use of terms and the existence of various definitions mean t that the definition of e-commerce and/or 
digital trade were a matter of debate with potential implications for the scope and definition.  
8.44.   In 1998 when the Work Programme had been  launched, it had not been possible to predict 
the far -reaching and fast -paced evolution of digital te chnologies and their effect on trade that ha d 
led to the spread of e -commerce as Members  knew, including its implications on production. South 
Africa's  interest was on digital industrialization and to preserve the policy tools it needed to achieve 
that objective. There were issues identified by Members under the Work Programme that require d 
clarification to enable common understanding on e -commerce such as classific ation, definition and 
scope. Th ose issues need ed to be clarified by the Membership and c ould not be clarified only by a 
group of Members under the JSI.  
8.45.   For example, the GATS use d a positive list approach to its schedules of commitments coded 
to a classifi cation of categories of services and modes of supply. Th ose govern ed market access and 
national treatment obligations. The classification used in the WTO in the GATS was the W120 which WT/GC/M/190  
 
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  was based on the 1991 Provisional Central Product Classification system  of the United Nations. There 
was no agreement whether new services which ha d been created since 1991 were captured in the 
existing categories in the W120 or CPC, or if new categories should be created.  
8.46.   In addition, the Work Programme provide d that the Gen eral Council examine d any issue of a 
crosscutting nature. In June 2001, the G eneral Council had  identified seven crosscutting issues for 
Members' deliberation. Th ose had been : (i) classification of digital products as goods or services , (ii) 
issues concern ing developing countries and LDCs,  (iii) revenue implications of e -commerce especially 
for developing countries,  (iv) relationship between e -commerce and traditional forms of commerce 
to assess short -term disadvantages for developing countries,  (v) impact of continued moratorium 
on custom duties on developing countries,  (vi) competition related issues including constraints on 
e-commerce due to concentration of market power and (vii) jurisdictional challenges for e -commerce 
disputes. Th ose issues were still relevant and the discussions  remained  urgent.  
8.47.   The COVID -19 pandemic further highlight ed the need to reinvigorate the work under the Work 
Programme in view of the deepening digital divide both within and between countries. Despite the 
rapid uptake of digit al technologies, significant divides remain ed. The WTO ha d a unique opportunity 
to contribut e towards laying the foundation for a more just and inclusive digital economy. The CTD's 
work was therefore urgent. E -commerce was evolving rapidly . It was a multi-faceted issue that c ould 
not be reduced to rules only. The Work Programme was designed to adopt a comprehensive and 
holistic approach to e -commerce to ensure equitable benefits for all in e -commerce.   
8.48.   The renewal of the Moratoriu m would be  an anomaly  when there  had been  limited discussion 
on the fundamental issues outlined in the Work Programme and there was no effort by Members to 
engage in constructive discussions that result ed in equitable benefits for all. A serious conversation 
on the scope and d efinition was required . Otherwise , a decision at MC12 w ould be a challenge. South 
Africa st ood ready to engage constructively on the issues under the Work Programme.  
8.49.   The representative of the United Kingdom  was a strong supporter of the Moratorium and full y 
support ed making it permanent because the gains from trade and investment were so significant 
including for developing countries. The United Kingdom welcome d the continued engagement by 
Members on th at important issue. Whil e there were clearly different views across the Membership 
on the Moratorium,  it was important that the Work Programme continue d to be the forum where 
those views were discussed and debated . Although , like others , the United Kingdom saw no need to 
make it a standing item on the General Council agenda.  
8.50.   As COVID -19 continue d to impact everyone,  digital trade and digital platforms ha d been 
essential in mitigating the economic and other consequences of the pandemic and w ould be critical 
to economic recovery. If the WTO was unable to agree rules on e -commerce , that reality w ould 
change. It  simply  mean t that the rules on e -commerce w ould get written elsewhere as they ha d 
been for the last three decades without the broad representation that the WTO provide d. That was 
why the work being d elivered through the JSI on Electronic C ommerce to deliver global rules on 
digital trade was important for both developing and developed countries and the United Kingdom  
continue d to actively support those discussions.  
8.51.   The representative of the Republic of  Moldova  welcome d the interest to having discussions 
under the Work Programme particularly given the context of increased activity on e -commence 
following the pandemic. Moldova  continue d to support the extension of the Moratorium and 
maintain ed similar pro visions in its FTAs. Considering  its positive impacts and developmental 
implication s as demonstrated by researches and studies,  Moldova  positively  viewed making the 
Moratorium  permanent  in the future. Moldova  also remain ed interested in any assessment that 
explore d the effects of the Moratorium on budget revenue a nd positive developmental implications.  
8.52.   The representative of Peru noted that Dr. Ngozi Okonjo -Iweala's appointment as Director -
General was a real milestone for the organization and a recognition of her professionalism and vast 
experience in international organizations as well as a clear example for women the world over. Peru 
could find in her a point of reference of what c ould be achieved in one's personal and professional 
development. Peru support ed the content of her initial message and agree d with her on the 
importance of the WTO resuming the central role which it should play in the multilateral  trading 
system. Peru hoped that th at would lead to concrete outcomes for all countries especially for 
developing ones in the context of the devastating consequences of the COVID -19 pandemic.  Peru WT/GC/M/190  
 
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  reiterate d the importance of the development of e -commerce and the central role that the 
Moratorium play ed in that regard.  
8.53.   The Moratorium was not only enshrined in bilateral and regional agreements that Peru ha d 
signed up to with its main trading partners, both developing and developed countries, but it was 
also one of the most important tools for internationalizing business especially MSMEs and for 
promoting the development of one of the most important sectors for economic growth and the 
transformation of a country's economy. Peru reiterate d its commitment t o and support for the work 
which ha d been undertaken by the JSI on Electronic Commerce. Peru was examining the 
consolidated text and the work done in small groups which provide d a picture of what Members  
could achieve for the next Ministerial Conference. Peru welcome d the work undertaken by the JSI 
co-convenors – Australia, Japan and Singapore – as well as the facilitators.  
8.54.   The representative of Norway  said that it was  important to continue the dialogue on the 
relationship between development and e -commerce  and looked forward to continuing discussions 
under the Work Programme. Norway continue d to support making the Moratorium permanent. When 
assessing its economic implications, Norway  believe d in taking a holistic approach that considered  
the real economic b enefits associated with the Moratorium  – which did not prevent Members from 
imposing internal taxes, fees or other charges.  Introducing new barriers on electronic transmissions 
could only have a negative effect on the development of digital industries that  depend ed on cross -
border data flows. The Moratorium ha d created predictability both for consumers and businesses 
including MSMEs a nd for domestic regulators and customs authorities. It was vital to retain th at 
predictability particularly in the current ec onomic environment with increased uncertainty.  
8.55.   The representative of Namibia  recognize d the importance of e -commerce in economic 
development and call ed for the continuation of the Work Programme as indicated in WT/L/274. 
Namibia  reaffirm ed its position to find a permanent solution on the Moratorium . 
8.56.   The representative of  Japan  believe d that the objective of the Moratorium was to ensure 
certainty and pred ictability in international trade for both businesses and consumers. To achieve 
that objective, Members  should extend their current multilateral practice of the Moratorium at MC12 
and beyond . Japan  likewise h oped that it would  become permanent. Japan also recognize d the 
importance of the Work Programme on Electronic Commerc e which had formulated a solid foundation 
for the longstanding practice of the customs duties moratorium. In th at regard, Japan  was open to 
reinvigorating the work under the Work Programm e as appropriately in the run up to MC12 based 
on the agreement in the General Council in December 2019.  
8.57.   Those discussions related to the Work Programme c ould be covered under the agenda  item: 
"Implementation of the Bali, Nairobi and Buenos Aires Outcomes ". Japan was not convinced that 
there was a ne ed for having a standing agenda item on the Work Programme. Members  were 
provided with ample  opportunit y to have discussions under  the Work Programme in other relevant 
WTO bodies such as  the CTS and the CTG. Members had  already agreed in the General Council in 
December 2019 to have structured discussions on the Moratorium. Those discussions c ould take 
place under such fora as informal open -ended meetings convened by the General Council Chair and 
workshop s organized by the Secretariat. The existing format c ould already  provide Members  with 
sufficient foundation for their discussions on the Work Programme and the Moratorium.  
8.58.   The representative of Saint Lucia , on behalf of CARICOM , reiterate d a number of cri tical points  
in the recent past concerning the Work Programme on Electronic Commerce and the Moratorium. 
CARICOM recogni zed the significant importance of electronic commerce to its region's development 
in terms of deeper integration of the digital space in  the CARICOM single market and economy and 
the opportunities for meaningful cooperation in the multilateral trading system. The broader 
economic and social benefits to be derived from electronic commerce were well documented and 
well understood.  Notwithsta nding the benefits to be derived from electronic commerce , CARICOM  
also recognize d that many developing countries face d overwhelming regulatory, legal, infrastructural 
and resource challenges and th at digital divide ha d only been amplified by the COVID -19 pandemic. 
CARICOM  reiterate d its commitment to reinvigorate the Work Programme and renew ed its call for 
focused discussion s on e-commerce  and development in 2021 .  
8.59.   Members should go beyond the truncated discussions taking place in the various Committees 
and give urgent consideration to a format that facilitate d extensive and transparent discussions on WT/GC/M/190  
 
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  the challenges and opportunities related to e -commerce . The CARICOM Group also joined with other 
Members in December 2019 in agreeing to extend the  Moratorium until MC12. The CARICOM Group 
had previously expressed its reservations regarding a narrow focus on the Moratorium at the 
expense of other trade -related topics of interest to Mem bers such as with respect to bridging the 
digital divide and addressing issues on the legal and regulatory frameworks. The CARICOM Group 
would like to see structured discussions on the relevant opportunities and challenges faced by all 
Members with respect  to all aspects of electronic commerce  and would continue to assess the fiscal 
impact of the Moratorium a s well as its  impact on the private sector and on consumers.  
8.60.   The representative of Australia  was pleased to be fully engaged in efforts to reinvigorate  the 
1998 Work Programme. That was why Australia  had been involved in  the work in the CTS together 
with other Members on digital trade in relation to the particular situation of developing countries and 
LDCs responding to the kinds of concerns the Chair ha d earlier mentioned and that South Africa ha d 
said in th e discussion. Members  could not achieve everything through rulemaking but rulemaking 
remained important. As the United Kingdom had  said, if Members  did not set the rules at the WTO, 
those rules would  be done elsewhere. The plain fact was that Members  had failed to make progress 
on th at issue multilaterally and the global economy continue d to move online – a trend that was 
only exacerbated by the pandemic . Members n eeded to ensure th at the WTO and its rules  kept up. 
That was why the initiative under the plurilateral guise of the JSI on Electronic Commerce ha d been 
launched and that was why the JSI continue d to be inclusive, transparent and open.  
8.61.   On the Moratorium, Australia  consider ed that a permane nt moratorium on customs duties on 
electronic transmissions would be useful and should be central to WTO discussions on e -commerce. 
It was an indispensable feature of the modern trading system that consumers use d – free of the 
kinds of inhibitions that cus toms duties would impose. Australia  was willing to engage in future 
discussions on th at meaningful matter. Australia  did not see the need for a Work Programme to be 
a standing item on the General Council agenda  and prefer red the discussions on th ose issues  to 
continue in the manner they ha d been undertaken to date in the relevant forum. T hat day's 
discussion confirm ed why it would be useful to refer th ose discussions to the relevant fora.  
8.62.   The representative of Switzerland  recall ed that the Work Programme on Electronic C ommerce 
was already reviewed on a regular basis by the General Council. Moreover, other WTO bodies 
provide d considerable opportunities for engaging in substantive discussions. It was therefore 
preferable to continue past practice . Switzerland did  not see any additional value in having a standing 
item on the  matter in the  General Council  but remained  ready to participate in revitalizing the Work 
Programme and to further engage in "structured discussions", as agreed in December 2019. T hose 
discussions should take place in a timely manner, with appropriate preparations having been made. 
Switzerland  also st ood ready to continue the discussion on the various aspects of the Moratorium.  
Bridging the digital divide and introducing a minimum s et of rules for digital trade were not 
contradictory undertakings. Work in th ose two areas was both necessary and complementary. 
Switzerland consider ed the Moratorium to be an important framework condition for the digital 
economy a s it had contributed to t he development of e -commerce  and should be made permanent.  
8.63.   The representative of Bangladesh  associated with the statement by the LDC Group and noted 
that t he decision by the General Council in 1998 on the Work Programme on Electronic Commerce 
in WT/L/274  remained  relevant. Bangladesh recalled its submission in 2017 in JOB/GC/152/Rev.1 
containing a draft Ministerial Decision requesting the General Council  to direct  the four bodies to 
conclude the discussions on the issues assigned to them under  the Work Programme and to report 
back to it . Bangladesh welcomed a further comprehensive discussion on the issues raised by South 
Africa and India in its  communication in WT/GC/W/812 and request ed to keep the item on e-
commerce o n the General Council's agenda in its future meetings. Bangladesh s tood ready to engage 
in constructive discussion s with Members.  
8.64.   The representative of Singapore  heard the call for greater attention to be paid to e -commerce. 
Singapore, like many other Members, remain ed committed to fully impl ementing the December 2019 
General Council Decision which had  two intertwine d aspects: to reinvigorate the Work Programme 
and to maintain the practice of not imposing customs duties on electronic transmissions until MC12. 
Members should focus on the substa nce rather than the form. There was already ongoing and 
extensive work on the Work Programme on Electronic Commerce which they could develop further 
in the existing Committees.  WT/GC/M/190  
 
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  8.65.   Members should  also recognize that e -commerce was a wide -ranging and fast evol ving subject 
matter. They would never be able to fully cover every aspect of e -commerce in the WTO. Instead of 
trying to exhaust all its analytical angles, it would be more fruitful to deepen their understanding of 
the key issues as they had done during th e structured discussions and also concentrate on identifying 
meaningful steps forward. In th at context, it was not necessary to have a standing agenda item in 
the General Council as there was scope to expand ongoing work in the well -established WTO 
Committ ees. In recent months, there had b een constructive conversations in the CTS on exchange 
of information and experiences based on Members ' submission . 
8.66.   Members c ould play an important role in the post pandemic recovery but they had to engage 
constructively and sincerely on th at issue. It was clear that the Moratorium ha d delivered many 
known benefits including predictability that ha d been the major driver of e -commerce and th at had 
benefitted greatly MSMEs and women. While there were still dimensions that were unexplored, 
Members  should engage constructively in the lead up to MC12 with a view to extend the Moratorium. 
Extending the Moratorium w ould reassure stakeholders and ensure that the WTO continue d to 
remain relevant in the post  pandemic recovery.  
8.67.   The representative of Israel  support ed the 1998 Work Programme on Electronic Commerce 
and the decision to extend the Moratorium agreed in December 2019. While support ing the 
discussion on trade -related aspects of e -commerce in various W TO bodies, Israel  recognized that 
the practice of not imposing  customs duties  on electronic transmissions ha d helped to substantially 
grow international trade in the ICT sector and ha d provided certainty and predictability to MSMEs as 
well as to global bus inesses and to consumers worldwide. Under the current circumstances shaped 
by the pandemic, e -commerce prove d to be  essential for the  continuation and the smooth flow of 
trade. As such, Israel continue d to strongly support the Moratorium.  
8.68.   The representativ e of Mali noted that Members had  not yet exhausted the Work Programme . 
In 1998 , four WTO bodie s had been  tasked to discuss specific topics related to e -commerce  and had 
to look at the impact of e -commerce on LDCs and on  developing countries. Th at work was not yet 
done because Members were  yet to fully discuss the actual effects of e -commerce on countries such 
as Mali. For example, Mali needed to know the  fiscal implications  of the Moratorium to its budget 
and to its GDP. In those discussions, Memb ers should also think of what they could do for countries 
such as Mali to help them reap the benefits of e -commerce.   
8.69.   The General Council ha d a moral duty to ensure that Members  discuss ed such matters since 
the Work Programme ha d already been going on for a long time. Negotiati ng new rules was not the 
main objective of the Work Programme . Otherwise, it  would be tantamount to a Member who was 
not ready to assume  new commitments, let alon e engage in such discussions, to be asked to do so . 
That was not going t o work. Members should instead look at issues such as  transfer of technolog y 
because th at was something helpful for countries like Mali but that had  not yet been implemented  
nor fully discussed  – which also showed  the need for the  Work Programme to continu e. 
8.70.   The representative of  India thank ed Members for the ir engagement t hat day under  that 
agenda item. The interest shown by Members highlight ed the benefits of having th at issue as a 
standing item in the agenda for th e General  Counci l. India urged the Membership to actively and 
constructively engage in discussions on Work Programme in th e General  Council and in other 
relevant WTO Bodies including on the issue of the morator ium o n customs duties on electronic 
transmissions  and its scope and coverage  and its implications in terms of revenue foregone and 
policy space and development. Without knowing  its scope, impact and definition, it would be difficult 
to guide  and advise their Ministers  on a decision on that crucial issue for MC12.  
8.71.   India asked whether Members were  willing to promote competition or destroy it. Any 
rulemaking process protecting existing players and obstructing the level playing field for new players 
would be disastrous for the digital market in the long -run. It was also interesting to see that while 
the proponents of the continuation of the M oratorium passionately s ought  continuance of S&DT for 
digital trade v is-à-vis physical or conventional trade of goods, the y did not see similar merit in  S&DT 
for developing Members in  the ongoing  negotiations in other areas. India likewise asked how long 
would the proponents seek for the continuation of such support.  It would be helpful to know how 
long a fast growing and efficient sector like digital trade w ould need crutches such as the M oratorium . WT/GC/M/190  
 
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  8.72.   In view of the above, the General Council should  continue structured and thematic discussions 
under the  important manda ted Work Programme  and direct that the Work Programme be a standing 
item on its agenda and the agenda of relevant WTO bodies mandate d to do so under WT/L/274. The 
General Council should also play a central role in th ose discussions by keeping the Work Prog ramme 
under regular review and tak ing up the consideration of any trade -related issue of crosscutting 
nature as entailed in the Work Programme. Th ose could include  the developmental aspects of e -
commerce , the scope, definition and impact of the Moratorium and the examination of the challenges 
experienced by developing countries and LDCs in relation to electronic commerce including  explor ing 
ways of enhancing their participation in electronic commerce.   
8.73.   The Chairman  noted that Members had  had an exchange of more than an hour in which 32 
delegations h ad intervened . He hoped that Members were listening carefully to each other in th at 
discussion. As he had  said under agenda i tem 2, Members  had a decision from the General Council 
in 2019 which had instruct ed the General Council  to report to the Twelfth Session of the Ministerial 
Conference . He urged all Members to continue to actively engage in the discussions on the 
multilateral Work Programme on Electronic Commerce and the Moratorium which, as had been  
recalled t hat day, were two issues that they needed, as the General Council, in preparing Ministers 
for their consideration  of that matter  in December. Those who ha d made the points t hat day that  
they should, under th at decision, be having structured discussions would recall that they had already  
been doing it. There ha d been particular concrete issues brought forward for discussion whether in 
informal open -ended meetings or workshops – whichever was the most appropriate  format  to discuss 
a specific  issue raised . 
8.74.   Clearly, the relevant bodies ha d a relevant part to play in th at process. Otherwise, they would 
not have been made relevant in the first place and  Members would not  attempt to bring  specif ic 
issues into the four WTO bodies  for them to be discussed in the most relevant forum – which was 
evidently not the case as discussions had and were currently taking place in them . And issues of a 
crosscutting nature were brought up and discussed at the G eneral Council. He  knew that the Chairs 
of the  four bodies were keen to have those discussions and that  Members  were collectively distil ling 
through into what c ould most attractively and meaningfully be discussed in the General Council. 
There was a lot of agreement there among delegations and he hoped that they could find a way to 
bring th at together in a  manner  that d id justice to all the issues raised  and did justice to all of them 
as Members in the preparation that they need to make for their Ministers in December.  
8.75.   The General Council took note  of the statements.  
9  CALL TO PREVENT EXPORT RESTRICTIONS ON COVID -19 VACCINES – COMMUNICATION 
FROM COLOMBIA, COSTA RICA, ECUADOR, PANAMA AND PARAGUAY (WT/GC/W/818)  
9.1.  The Chairman  recalled that the  item was included in the agenda by the delegation of Colombia 
and the co -sponsors of the communication in document WT/GC/W/818 concerning a Call to Prevent 
Export Restrictions on COVID -19 Vaccines.  
9.2.  The representative of Colombia  noted that t he title of th e agenda item , "Call to prevent export 
restrictions on vaccines" , said it all. Costa Rica, Ecuador, Panama and Paraguay, in addition to 
Colombia, note d with concern the potential direction in which the global vaccine trade could  be 
heading and issue d a systemic call to all Members, now and in the future, to avoid th at type o f 
practice.  The communication ma de specific mention of the mechanism implemented by the European 
Union. Th at was not because it was the only mechanism to provide for such measures but because 
it was currently being implemented and because it was a matter o f concern that it was that particular  
Member that was setting an example of the negative practices that they all wish ed to eradicate.  
9.3.  In that connection, C olombia  acknowledg ed the great work of that Member in the fight against 
the pandemic.  Colombia recog nized and appreciate d the decisive role played by the E uropean Union  
in multiple health  and trade related aspects as well as its general push for collective and multilateral 
responses during the pandemic. For example, Colombia  welcome d the European Union's  
participation in and funding of COVAX, the impetus it ha d given to the Access to COVID -19 Tools 
Accelerator and the momentum provided by the European Union  and its Member States to the public 
funding of the research and development that ha d resulted in th e creation of vaccines and other 
advances of importance to all  Members  in the global fight against COVID -19. WT/GC/M/190  
 
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  9.4.  Colombia also recognize d the value of the Trade and Health Initiative spearheaded by a number 
of countries, with the E uropean Union  providing clear  leadership on the Initiative's precepts. 
Colombia ha d supported the general terms of the Initiative and w ould continue to do so. Colombia 
was also conscious of the difficulties experienced by all Members of th e organization in dealing with 
a situation of th at scale. Th at was the largest global vaccination campaign in history. However, the 
response at th at time c ould not be to focus exclusively on the individual interests of each Member  
which result ed in measures that could restrict exports of vaccines or other treatments.  
9.5.  Colombia  did not wish to enter into a legal discussion on the specific points of the measure. 
The objective was not to discuss whether the proposal was as targeted, proportionate, transparent 
and temporary as it should be. The re were many questions and unknowns in th at regard, but th at 
was not the current focus. Nor were the proponents  seeking a discussion on the potential effects, 
Member by Member, of th ose possible measures . They knew, and were grateful, that, to date, no 
specific export restrictions ha d been imposed under the transparency mechanism.  
9.6.  However, such restrictions could be imposed and were explicitly provided for in the mechanism 
adopted. On th at matter, Colombia  under scored  that it was not only essential to ensur e effective 
access to vaccines but also the predictability and uninterrupted efficiency of the global vaccine supply 
and distribution chain because th at was the only way that Members  would be able to effectively 
devise and implement their vaccination plans . Their call therefore was essentially systemic. Th at 
type of measure  known colloquially as vaccine nationalism was not something that Members would 
want to scale up. That was not in their common interest.  
9.7.  The intention was therefore not to be contentious. Th at was an appeal, not only to the E uropean 
Union , but to all Members, for them not to lose their way in their collective fight against th e 
pandemic, especially in the highly difficult circumstances all of them were currently facing. It was 
also an appeal to everyone as th at matter should be of concern to all, even those who, for one 
reason or another, would be covered by an exemption from th at type of measure. Subject to further 
analysis, Colombia itself could be one of the exempt Members. Me asures that could restrict exports 
and a Member's failure to express concern about them because it could  be exempt and therefore 
not directly affected were both, to differing degrees, forms of vaccine nationalism. The appeal was 
therefore made to everyone.  
9.8.  To date, the measure ha d had a limited impact and was expected to be repealed. However, it 
was still a sign that should give Members  all cause for concern and they should  work together so 
that such measures would  not become more widespread and take root. They c ould not possibly be 
considered good practices especially when Members  were working to develop collectively the good 
practices that they would like to be used in the future. Th at was the idea behind and the sole, but 
crucial, purpose of th at appeal . Now was the time to build trust among Members and in the 
multilateral system generally. It was not the time to undermine th at trust.  
9.9.  Colombia  thank ed the delegations of Costa Rica, Ecuador, Panama and Paraguay for their 
courage and excellent ideas on th e matter. They were all small or medium sized countries, but all of 
them were convinced of the supremacy of rules over force. They were also aware of the great interest 
and concern provoked by th at matter in the immediate future, and, above all, in the medium and 
long term in their countries and for all Members in general . 
9.10.   The representative of Ecuador  support ed the statement by Colombia on the communication 
which detail ed the concerns of Colombia, Costa Rica, Panama, Paraguay and Ecuador relating to  the 
requirements implemented by the E uropean Union  on the export of COVID -19 vaccines from the 
territory of its Member States. A publication had recently analysed  the COVID -19 vaccine supply 
problem in t erms of vaccines being concentrated in some countries and the perspectives that the 
medium and low income countries ha d in terms of implementing their vaccination campaigns which 
could last until 2023 or 2024. Ecuador  trusted that the recent announcement w ith regard to the new 
vaccines would mean that vaccination campaigns around the world would speed up , that they would 
see no more deaths and that the global economy would recover  rapidly . 
9.11.   The world was interrelated so there w ould be negative effects that were inescapable for any 
country. Global problems require d global solutions. Members  needed to work together if they were 
to overcome th at problem  globally. Th at was an essential factor for the recovery of trade and the 
global economy. The production, alloc ation and distribution of vaccines wa s important to all WT/GC/M/190  
 
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  countries. All Members and all international organizations should do their part to ensure that the 
vaccines were distributed globally. As the Director -General had said, it was not  business as usual. 
Within the WTO and the rules that govern ed the multilateral trading system, Members  needed to 
apply th ose rules  to ensure  that trade agreements for the acquisition of vaccines were respected, to 
eliminate the obstacles for the circulation of essential medical supplies and to overcome any 
administrative barrier that w ould prevent fairer access for vaccines for all without exception.  
9.12.   Ecuador and the co -sponsors recognize d that Members  needed to follow WTO rules. At the 
same time, Ecuador acknowl edged that the EU measures were short -term, that exports of vaccines 
had so far not been restricted under that framework, that they had not affected a significant number 
of countries and those focused a t particular commitments from private suppliers. Howev er, Ecuador 
was concerned by the measure because it sen t a message favouring unilateralism  in a time when 
Members require d multilateral understanding . They  needed to show the efficiency of the multilateral 
trading system now more than ever . Such measures c ould be used by others in the future as a 
precedent which could  undermine the solidarity demonstrated in the fight against COVID -19. 
9.13.   As reflected in the communication, Members should  likewise recognize the commitment 
shown by the European Union and its Mem ber States to produce th ose vaccines for fight against  
COVID -19. There ha d been ongoing research and development done directly and in cooperation with 
pharmaceutical firms and the EU Member States. The support of the European Union for COVAX and 
GAVI and t he mechanisms such as those established by the Pan American Health Organization were 
important. Ecuador's  appeal was aimed at promoting a spirit of cooperation and international 
solidarity so that access to vaccines was universal and was guaranteed through  Members'  collective 
work – so that there would be no  possibility for any global action to be blocked.  
9.14.   Controlling th e pandemic require d years -worth of effort. The WTO promote d the common 
interest s of all of its Members to overcome various challenges. Toge ther, they could ensure that the 
rules which govern ed multilateral trade between countries w ould also  support and protect universal 
access to vaccines and other medications which were essential to  fight COVID -19 and that there 
would be no trade barriers  to vaccine  distribution and to  the related global supply chains allowing 
the rapid reception and effect ive use of those products.   
9.15.   The representative of Paraguay  recognize d and welcome d the participation and the funding 
that the E uropean Union  had provided to COVAX and other initiatives as well as its leadership in t he 
Trade and Health Initiative . G/MA/QR/N /EU/5/Add.1 allow ed the adoption of restrictions for exports 
of vaccines which were produced in the territory of the European Union and ha d the potential to 
create disruptions in distribution chains globally. Although initially adopted for six weeks, th at 
measure could be renewed up to 31 March. Beyond the specific measure referred to in the 
communication, Paraguay was concerned by the systemic implications of th at being replicated.  
9.16.   The Trade and Health Initiative  led by the Ottawa Group recognize d that de veloping countries 
and LDCs ha d low capacity to produce th ose resources and they were dependent on imports of them. 
That kind of measure c ould potentially limit the access to essential medication for various developing 
countries in contravention to what was noted in the Trade and Health Initiative . The possible negative 
impacts of th at kind of measure for fair and timely access to vaccines was being noted in what ha d 
been appealed to by various delegations in the context of TRIPS . 
9.17.   The COVID -19 pandemic was global and the access to vaccine s was a global public good in 
terms of prevention and mitigation efforts. The aim was to put an end to the pandemic. The 
circumstanc es require d a response which would allow global cooperation to enable access to vaccines 
for all countries or to request additional resources that would facilitate  their timely distribution. The 
fight against COVID -19 require d an inclusive global solution.  Nobody was safe until everybody  was 
safe. Paraguay  appeal ed to the E uropean Union  to lift th at measure as soon as possible and to avoid 
renewing it – and to all Members to do everything they c ould to avoid implementing similar measures 
so that all Members  could make progress in their vaccination campaigns.  
9.18.   The representative of Panama  share d the systemic concerns expressed by the delegations 
who had previously spoke n and  recognize d that the impact of the pandemic ha d led Members to 
take dramatic measures t o control its spread. The suspension of  trading activities , among others , 
had affected the economies and development of their countries  – expos ing serious challenges. The 
European Union, like many other Members, ha d expressed its commitment to internationa l solidarity WT/GC/M/190  
 
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  in the fight against the COVID -19 pandemic. On a number of occasions, Panama  had supported 
measures that were considered necessary to confront the pandemic an d were  transparent, 
proportional, related to fighting the pandemic and consistent with WTO rules. 
9.19.   Panama  was concerned by the implementation of measures which would restrict exports of 
vaccines and their ingredients which were required to globally combat COVID -19. COVID -19 did not 
recognize levels of development nor borders. As a global issue , it necessitated a global response 
from all  Members  by ensuring that they could all  receive and distribute the necessary amount of 
vaccines and medicines  to control COVID -19. Panama  appeal ed to all Members to  not impose policies 
similar to the one at issue and instead  work together to avoid interruptions in the production and 
distribution of suppl ies that could p revent them from ensuring social and economic recovery for all.  
9.20.   The representative of Costa Rica  recalled that  the European Union had notified the WTO  on 5 
February  in its communication G/MA/QR/N/EU/5/Add.1 of the implementation of a new export 
restriction through the establishment of an export authorization requiremen t for COVID -19 vaccines 
produced in the European Union . Any disruption in supply chains and global distribution ha d a direct 
impact on national vaccine distribution protocols especially when universal and predictable access 
to vaccine s was crucial to effectively combat COVID -19.  
9.21.   Bearing in mind that global production of COVID -19 vaccines was highly concentrated 
geographically, Costa Rica  was concerned about the possible impact that th e measure could  have 
on the vaccine production and distr ibution chain especially in developing countries such as Costa 
Rica that were highly dependent on imports essential in the fight against  the pandemic.  While 
recogniz ing the right of each Member to ensure the health of its population, during a global pandem ic 
like the one the world was  facing, a solution c ould only be found through Members'  collective effort 
and enhanced multilateral cooperation.  
9.22.   Given the challenges related to  the access to vaccines and the scope of the EU measures, 
Costa Rica  had co -sponso red the joint communication and had asked that the  item be placed on the 
agenda . Costa Rica called on those Members with the greatest capacit ies to ensure that t heir actions 
were in line with WTO rules  and th at they  avoid ed trade policies that could underm ine or prevent 
the distribution of vaccines worldwide.  Costa Rica share d the objectives of the Trade and Health 
Initiative co -sponsored by the European Union and other Ottawa Group  members  and urge d the 
European Union  to exercise restraint in implementing the measures at issue and for all Members to 
make every effort to avoid further disruptions in the supply chains of essential medical products.  
9.23.   The representative of the  European Union  noted that t he events of the last couple of months 
illustrate d the difficult dilemmas Members  were facing as global demand for vaccines greatly 
exceed ed available supply. The global nature of the pandemic and the development of new variants 
demonstrate d that no country was safe until every country was safe. Like many other countries, the 
European Union ha d also struggled with the lack of transparency in the delivery of vaccines, the 
production of which it ha d pre-financed. Their inquiries into reasons for delays did not result in 
satisfactory answers from some vaccine manufacturers. In order to ensure that vaccines and their 
ingredients were not directed to export destinations in unjustified volumes, the European Union had  
no choice but to introduce a transparency mechanism on C OVID -19 vaccine export transactions.  
9.24.   The European Union was  in a situation where some vaccine producers ha d overpromised and 
under delivered. They ha d committed more than what the y produce d. In th at situation, the European 
Union  needed to ensure a transparent dis tribution of vaccines and avoid a situation where the much -
awaited vaccine went to the highest bidder or distribution was left to the arbitrary decision of vaccine 
producers.  The European Union underst ood the concerns that  Members ha d expressed. 
Paradoxically, the scheme and the reactions from other Members clearly demonstrate d the need to 
agree on guiding principles in the WTO for the imposition of trade measures and in particular 
regarding transparency. The European Union ha d put in place an export authori zation fully in line 
not only with its WTO obligations but also with its G20 commitments. And the scheme ha d been 
notified immediately to the WTO.  
9.25.   In the spirit of international solidarity, the European Union ha d also exempted from t he scope 
of that measure 92 vulnerable countries which d id not have sufficient financial resources and 
sufficient production capacity to supply their population with vaccines in adequate quantities. The 
European Union  had also exempted neighbouring countri es who, through their close integration in WT/GC/M/190  
 
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  the EU market and supply networks , had depend ed on vaccines supplies from the European Union. 
And more broadly, it had exempted any COVAX supplies from the scope of the measure to allow th at 
global facility to ach ieve its goal of equitable distribution of vaccines across the globe. The European 
Union  was happy to see that first supplies had been  delivered to Ghana and Côte d'Ivoire the previous  
week.  The European Union also  reassure d Members that th e mechanism d id not create unnecessary 
barriers to trade or any disruption to global supply chains.  
9.26.   Since the entry into force of the scheme on 1 February, the European Union  had received 150 
requests for export authori zation. The European Union stressed that a ll of them  had been accepted.  
Therefore, the measure ha d not slowed down the export of vaccines and the data compiled so far 
indicate d that the European Union was the biggest vaccine exporter worldwide in a situation where 
there were very little exports from other O ECD or G20 countries. Indeed, it should be underlined 
that the European Union was the sole significant exporter of C OVID -19 vaccines among OECD 
members. The European Union was not engaged in vaccine nationalism.  
9.27.   It should be recalled that the C OVID -19 vaccine production capacity in Europe, that it share d 
with the world, had been  created through the European Union' s support to vaccine producers in the 
form of the Advanced Purchased Agreements. The European Union ha d not restrained the ability of 
vaccine producers to engage with other partners but expect ed them to be fair when delivering on 
their contractual obligations.  However, the root causes of the problem rested  elsewhere: the 
exploding global demand was well above the global production t hat day. As long as th at global 
industrial challenge was not met, and the world population was not vaccinated quickly enough, the 
entire world  would all face a risk of a continuing health emergency including new C OVID -19 variants 
and a prolonged economic crisis.  
9.28.   The European Union believe d there was an important role for public authorities to play and to 
drive the increase of production, and to facilitate access to the currently needed vaccines and other 
treatments. Cooperation should  be promoted among the differen t participants along the value chains 
where necessary to enhance production capacities. A closer, more integrated and more strategic 
public -private cooperation with the industry was needed. In th at spirit, the European Union ha d set-
up a Task Force for Ind ustrial Scale -up of COVID -19 vaccines to detect and help respond to issues 
in real -time. In order to ramp up production, the European Union  would, among others, work closely 
with manufacturers to help monitor supply chains and address identified production  bottlenecks. 
Since  the European Union' s vaccine production was critical for global supply, the benefits of th at 
initiative w ould extend beyond the European Union' s borders.  
9.29.   Scaling -up of production on a global level require d further actions. It w ould not happen 
without increased global collaboration with the pharmaceutical industry which should facilitate the 
transfer of the right know -how and technology for the highly complex vaccine production process. 
Members  should facilitate th at collaboration while a lso recogni zing that intellectual property provide d 
the necessary platform for it to take place. Waiving intellectual property rights would disrupt th at 
collaboration and the transfer of know -how.  
9.30.   It was legitimate to engage the sector to ensure that all complementary production facilities 
across companies and continents were actively contributing to ramp up production. Companies that 
had tried and failed to develop a vaccine of their own, for example, should actively consider making 
their facilities available for the production of vaccines of successful companies. Companies with new 
vaccines should consider whether they ha d checked all op tions for licensing agreements to increase 
production. The objective should be to ensure they enter ed into licenc ing agreements with 
companies around the world that ha d the necessary production capacities and could export the 
vaccines to any low middle -income countries without production capacities. At the same time, 
Members  should be mindful that the manufacturing of COVID -19 vaccines would  not crowd out the 
production of other life -saving vaccines and therapeutics.  
9.31.   The European Union, working together wit h other Members and under the leadership of the 
Director -General , Dr. Ngozi Okonjo -Iweala , was ready to facilitate a dialogue between the vaccine 
developers and companies with the production facilities that were ready to step in to help out with 
the produc tion of vaccines and their delivery to the countries in need. The European Union  welcome d 
Dr. Ngozi's  proposal to focus on collaboration among companies to enhance licensing in order to use 
all the adequate manufacturing capacity including in developing co untries. The European Union was 
ready to facilitate th at dialogue and contribute to the efforts on expanding th ose partnerships.  WT/GC/M/190  
 
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  9.32.   The European Union remain ed open to a dialogue with all Members on how to facilitate the 
collaboration with the pharmaceutical industry on the transfer of know -how and technology. In the 
same manner, the European Union remain ed open to a dialogue on how to facilitate the use of the 
TRIPS flexibilities should the voluntary solutions fail or not be available. The flexibilities offer ed by 
the TRIP S Agreement were absolutely legitimate tools for Members in need as many were in the 
midst of th e pandemic. Th at include d fast track compulsory licences for export to countries without 
manufacturing capacity. Administrative burdens should not  stand in the way of manufacturing and 
delivering vaccines to where they were needed.  
9.33.   A successful contribution of the WTO to the pandemic w ould require all  Members to agree on 
actions that w ould not only encompass the elements enshrined in the Ottawa Grou p's proposal on 
Trade and Health, such as export restrictions or transparency, but also address ed the problem of 
insufficient manufacturing capacity. The European Union st ood ready to engage in such a dialogue.  
9.34.   The representative of  Ukraine  said that t he COVID -19 pandemic continue d to progress  causing 
unprecedented, extraordinary negative impact s on the health and the social and economic well -
being of communities around the world. The pandemic ha d also posed new challenges . Currently, 
companies manufacturi ng patented COVID -19 vaccines encountered  production  problems  and c ould 
not supply enough vaccines  without delays even for developed countries. As such , some Members 
had implemented export restriction s or control polic ies on COVID -19 vaccines.  Ensuring global 
availability and greater  access to affordable vaccines to tackle the pandemic was extremely 
important  and should be the WTO's top priority.  Global coordinated action c ould help countries find 
a common solution in dealing  with the extraordinary challeng es posed by the pandemic.  Ukraine 
likewise remained  ready to constructively engage in the discussions o n the Proposed TRIPS Waiver.   
9.35.   The representative of Saint Lucia , on behalf of CARICOM , noted that a year after the COVID -
19 outbreak , the world  was still struggling to contain the virus and was currently contending for 
access to vital vaccines for various populations. Naturally, th at was the highest priority everywhere.  
In the case of the Caribbean Community, the CARICOM region d id not manufacture COV ID-19 
vaccines and was therefore totally reliant on external manufacturers for supply.  
9.36.   CARICOM Heads of Government had addressed th at situation recently at the Intersessional 
Conference on 24 and 25 February and had expressed their dissatisfaction and dee p concern about 
the inequitable access to vaccines for small States like those in the Caribbean Community. CARICOM 
Heads had also noted that, to date, even countries with the funds to purchase vaccines had  been 
unable to procure and receive vaccines throug h commercial arrangement s given the relatively small 
volumes which they s ought . In th at regard, they ha d called for a mechanism that allowed  smaller 
countries to have access to sufficient vaccines at the earliest juncture if action was to be put behind 
the often repeated phrase "no one is safe until everyone is safe".  
9.37.   All CARICOM countries ha d signed on to the highly valued and much appreciated COVAX 
Facility which w ould provide up to 20% of Members' needs. Th at limited supply however w ould not 
allow them to attain regional herd immunity that was necessary to kickstart the durable recovery. 
CARICOM thank ed the Governments of India and South Africa a nd the African Union for their 
generosity and solidarity during that  time. The Government of India, through th e generosity of Prime 
Minister Narendra Modi ha d donated an initial instalment of 170,000 vaccines to Barbados and 
Dominica through bilateral arrangement. CARICOM  thanked  its Member States Barbados and 
Dominica for having shared the initial supplies from India with the rest  of the Caribbean Community .  
9.38.   CARICOM  report ed that the Indian Government had dispatched an additional 175,000 
vaccines to five CARICOM Member States. Th at act of selflessness was testament to the stalwart 
solidarity of the Government and People of India with CARICOM . The Republic of South Africa and 
the African Union ha d also carved out an allocation of vaccines for CARICOM countries through the 
African Unio n's African Medical Supplies Platform. CARICOM urge d vaccine producing countries to 
exercise due restraint in imposing export restrictions on COVID -19 vaccines. No country was truly 
protected unless all countries were equally protected. CARICOM also implor ed all countries to work 
on improving trade logistics to enhance the timely delivery of and access to vaccines.  
9.39.   The representative of the Republic of Korea  thanked the European Union's  detailed 
explanation o f its measures  and was  aware of the fact that its  objective was to ensure timely access 
to COVID -19 vaccines and that it, in effect, ha d not blocked any vaccine exports so far. However, WT/GC/M/190  
 
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  continued prudence would be required to secure the trust of other Members. Korea  therefore  asked 
the E uropean Union  to terminate such measures at the end of March when they were expected to 
expire. Korea concur red with the Director -General 's call to reject vaccine nationalism.  Members 
should refrain from engaging in vaccine protectionism and should instead join hands in st rengthening 
multilateral efforts.  
9.40.   Ensuring fair and equitable access to COVID -19 vaccines c ould not be over -emphasized as 
the livelihood of the vulnerable was at stake. Korea ha d therefore contributed to the COVAX 
Advanced Market Commitment to support equ itable vaccine access to everyone  and remain ed 
committed to supporting th at cause. Korea also share d the concerns raised by Colombia and other 
Members that the European Union's  restrictive trade measures could  disrupt the supply chains and 
the global distribution of COVID -19 vaccines and impact the current and future fair access to 
essential medicines. T hat was one of the reasons why Kor ea had  supported the Trade and Health 
Initiative in document WT/GC/223. Kor ea would  work with other Members in making concerted 
efforts to fight  the pandemic and to ensure that essential medical supplies were accessible to all.  
9.41.   The representative of Indonesia  said that, a s the E uropean Union  was one of the critical sites 
for vacc ine production, the EU measure concerning the global distribution of COVID -19 vaccines 
would significant ly impact global equal access for the much needed vaccines. There was a limited 
supply of vaccines at the moment  enabling unequal access among countries  and m aking  the COVAX 
Facility under deliver. Th e EU measure r an counter to the understanding that , during the COVID -19 
pandemic, measures put forward by Members should be targeted, proportionate, transparent and 
temporary. Indonesia was  not convinced that  the EU measure was proportionate given the current 
global supply problem.  The EU transparency and authorization mechanism for the export of COVID -
19 vaccines w ould further disrupt global supply chains and the distribution of COVID -19 vaccines. 
Indonesia t herefore  extend ed its support to the call for the E uropean Union  to exercise restraint in 
the adoption and implementation of such me chanism . 
9.42.   The representative of Turkey  said that the c oncerns of the co -sponsors on the European 
Union's  transparency and authorization  mechanism  for the export of COVID -19 vaccines were highly 
comprehensible given the possible negative impact that c ould emanate from th at regulation and the 
wide importance of global vaccination at the moment. Considering the  cross-border nature of the 
pandemic and the way it h ad shown how interdependent  the world had  become, Members  should 
act with responsibility. Th e pandemic was a global crisis requir ing a  global response, strong 
international solidarity and coordination. I n its recent trade policy review, the European Union had  
made a commitment to fair and equitable access to critical supplies  and had espoused  that view in 
the Trade and Health Initiative whi ch had called  upon Members to exercise restraint in imposing 
expor t restriction on essential medical goods and vaccines. While the E uropean Union  was pioneering 
that principle in th e organization,  it was ironically contradict ing its own discourse.  
9.43.   Apart from th at general picture, Turkey  also had specific concerns on the WTO -consistency of 
the regulation. Among others, both criteria for the authorization of exports and exemption from th e 
regulation create d many questions. Despite the explanation made by the E uropean Union  that day, 
the vague and n on-transparent architecture of the regulation open ed a wide room for arbitrariness 
and hinder ed predictability.  Turkey  was concerned that th e mechanism could lead to an unfortunate 
domino effect in terms of vaccine nationalism along the COVID -19 supply cha in which was clearly  a 
move towards the  wrong direction  at a time  when Members  should act in coordination and solidarity. 
Turkey  hoped that the E uropean Union  would review the mechanism  before any unintended negative 
effect s would arise on the global value  chain and trading system during those  unprecedented times.  
9.44.   The representative of Chinese Taipei  noted that  the COVID -19 pandemic remain ed serious 
and severe with multiple variants constantly emerging. Global supply of vaccines was running far 
behind deman d. Chinese Taipei  was pleased to hear that the European Union was the largest vaccine 
exporter  and that India and South Africa had donated vaccines to some disadvantaged Members. 
The current distribution of vaccines was still unfortunately creating global inequality. While the global 
average of administered doses was about 4.6 million per day, many parts of the world including the 
Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu  were yet to start any vaccination 
programme. Chinese Taipei  there fore urge d all Members to exercise restraint from imposing explicit 
or implicit export restriction s on any vaccines while the pandemic remain ed serious. Addressing a 
global pandemic require d consolidated global effort. Ensuring fair access in a speedy flow of the 
vaccines w ould surely be in the interest of all Member s. WT/GC/M/190  
 
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  9.45.   The representative of Australia  said that i t was Australia's longstanding position that COVID -
19 vaccines were a global good and should not be subject to restrictive trade measures. Australia 
urged all Members to exercise restraint in the imposition of export restrictions on vaccines and on 
other essential medical goods and to ensure that any such measures were targeted, transpa rent, 
proportionate, temporary and as least trade restrictive as possible.  
9.46.   The representative of the United Kingdom  noted that it  was an important debate. All Members  
had an interest in supporting supply chains to enable businesses across the globe to get medical 
goods to those that need ed them. Open trade in vaccines was also an essential precondition in 
ramping up  global vaccine production to meet global demand. Consequently, trade restrictive 
barriers on vaccines were in nobody 's interest. The United Kin gdom look ed forward to continuing 
cooperation with all  Members on how  they could together facilitate the production of and trade in 
vaccines and other medical goods needed to effectively tackle th e pandemic and respond to the 
challenge that the Director -General had set out including by exploring the ideas set out by the 
European Union t hat day. 
9.47.   The representative of Jamaica , on behalf of the ACP , said that  the COVID -19 pandemic was 
the most significant crisis of their lifetime. The unprecedented negative impact of the crisis on  
Members'  health care systems, the health and welfare of their populations and the fall out in their 
economies require d international cooperation, sympathy for the situation of Members with less 
financial capacity and , importantly , global efforts to bring about affordable access to vaccines, 
therapeutics and other items necessary to prevent, treat and contain the virus. Millions of lives ha d 
been lost. Millions of people ha d fallen critically ill due to the virus. Millions of people were currently  
without income to find food or take care of the basic needs of their loved ones. Several people ha d 
suffered depression and other mental illnesses. Shortages of drugs to treat the virus ha d put the 
lives of healthcare workers and other essential workers at risk.  
9.48.   Developing countries and LDCs were disproportionately impacted. They were less able to 
provide economic stimulus packages to keep industries afloat . Their MSMEs were greatly affected 
by inevitable  lockdown measures . The few sectors such as tourism and commodities that dominate d 
their economies were in decline . Fall-off in government revenue w ould set back  their ability to 
underwrite pre -existing growth enhancing programmes  impacting  on developing c ountries and LDCs 
ability to achiev e the SDGs.  Vaccination was the most durable solution. As developing countries and 
LDCs, they should  have equitable access to vaccines and other items required to prevent, treat and 
contain  COVID -19. There was no place for vaccine nationalism in th at crisis as no Member was 
spared of the impact of COVID -19 until all  of them  were able to contain its sprea d. The ACP therefore  
recognize d the efforts of countries such as India and South Africa that ha d arranged delivery of 
vaccines to many developing countries and LDCs  and urged other s to join th at type of partnership.  
9.49.   The ACP  therefore express ed deep concern s over the implementation of measures that 
restrict ed export of vaccines, therapeutics and other items necessary to prevent, treat and contain 
the virus. The ACP  called on Members to reverse such measures as they would diminish the ability 
of developing co untries and LDCs to contain the virus thereby prolonging the pandemic. The ACP  
urged them to join international efforts to ensure that vaccines and other items necessary to prevent 
and treat the virus were affordable and accessible to all. The ACP  further urged Members to consider 
the value of convening a dedicated Summit co -hosted with the WHO to address vaccine access  as 
well as the export restrictions that frustrate d critical and life -saving supply chains.  
9.50.   The representative of  South Africa  noted that COVID -19 was a global pandemic that kn ew no 
boundaries. A global problem require d a global solution. The world  could only defeat the pandemic 
through multilateral cooperation as no one was safe until everyone  was safe . Vaccine nationalism 
was incredibly sh ort-sighted . The more sustainable solution would be  the sharing of technologies, 
know -how and data that w ould enable production of vaccines across the world and ensure timely, 
affordable and equitable access to vaccines and therapeutics for all. The TRIPS Waiver provide d that 
and was the most viable policy instrument that w ould halt the rapid transmission of COVID -19, 
reduce the risks of variants and promote economic recovery. An effective response to the pandemic 
was only achievable when everyone everywher e could  access the health technologies they need ed 
for COVID -19 detection, prevention, treatment and not through hoarding of vaccines.  
9.51.   If they were to vaccinate citizens of only those countries that had bought up the majority of 
the supplies of the vaccine , it would mean the virus would continue to rage in other non -vaccinated 
countries. And the world  had already seen just how quickly and efficiently th e virus c ould mutate WT/GC/M/190  
 
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  when allowed to mutate unchecked through populations anywhere. While not ing that Arti cle XI of 
the GATT provide d for export prohibitions or restrictions to be temporarily applied to prevent or 
relieve critical shortages of foodstuffs or other products essential to the exporting contracting party, 
Members should  exercise th at right with cau tion in the context of a pandemic.  
9.52.   It would be important to understand how the EU Implementing Regulation (2021/111) which 
contain ed provisions mandating information disclosure by COVID -19 vaccine producers that ha d 
Advanced Purchased Agreements (APA) with the European Commission as well as establishing an 
export authori zation scheme was applied. The standard of authori zing exports of COVID -19 vaccine 
was laid out in Article 1(4) of the Commission Implementing Regulation. It state d that "the 
competent authority shall deliver an export authori zation only where the volume of exports is not 
such that it poses a threat to the execution of Union APAs concluded with vaccines manufacturers. " 
9.53.   It was important to understand what constitute d a threat in  that context . South Africa asked 
whether the v olumes of exports above a given threshold constitute d a threat  and, if so, what that 
threshold  was if indeed there was a single threshold . More generally, South Africa sought clarification 
on the manner and with what  evidence such a threat would be assessed  and on  how the European 
Union would  ensure that the  export  authorization was not arbitrary and that the COVID -19 vaccine 
export control regime was implemented on objective, transparent and proportionate grou nds. 
9.54.   The representative of Peru said that t he relevant EU measures g ave rise to some concern s 
because of the implications that they could  have on the production and distribution of vaccines. 
Those concerns ha d been expressed by Peru in various internationa l fora. The measures taken on 5 
February d id not seem to be the most  useful ones in addressing  the supply problem given that the  
shortage of vaccines persisted around the world. Such types of measures took away attention from 
having a constant and coordinated dialogue in finding way to strengthen the global  production 
system of vaccines and other essential products. In that regard, they could  focus on granting  licences 
to boost vaccine  production  in emerging markets and developing co untries.  
9.55.   The representative of India highlight ed that export restrictions were a dual use policy tool. 
During the pandemic,  one country had used it to ensur e equitable distribution of critical medicines, 
diagnostic kits, ventilators and PPEs to more than 1 50 countries based on mutually assessed needs . 
In the absence of t hat tool, supply  could have been cornered by the rich and privileged lot with deep 
pockets as they were not working in a perfect market condition.  India was further demonstrating 
that in its approach on the availability of vaccine s on an equitable basis. One could however  choose 
to do the opposite and use export restrictions as a tool to prevent cross -border shipment of vaccines 
from its territory. Export restrictions w ould continue to play their role as a policy tool but it would 
depend  on how one would  use them. India would like  to understand how the export authori zation 
and transparency mechanism was not another form of export restriction. India st ood with countries 
in total solidarity during th e crisis period  and thank ed CARICOM and the ACP  for the ir words.  
9.56.   The representative of Colombia , on behalf of the  five Members co -sponsoring the 
communication – Costa Rica, Ecuador, Panama, Paraguay and Colombia – welcome d the comme nts, 
explanations and demonstrations of support  and thank ed the European Union for the attention it 
had brought to th at subject which was an important topic globally. The co -sponsors  hoped that, in 
the near future , Members would be able to keep up construc tive dialogue to promote global collective 
access to vaccines and strengthen the multilateral trading system based on rules.  
9.57.   The General Council took note  of the statements.  
10  INTRODUCTION OF A PAPER ON "LEGAL STATUS OF JOINT STATEMENT INITIATIVES 
AND THEIR NEGOTIATED OUTCOMES" – REQUEST FROM INDIA AND SOUTH AFRICA 
(WT/GC/W/819)  
10.1.   The Chairman  recalled that the  item was on the agenda at the request of the delegations of 
India and South Africa and relate d to the introduction of a paper on "Legal Status of Joint Statement 
Initiatives and their Negotiated Outcomes" together with the communication in WT/GC/W/819.  
10.2.   The representative of India recalled that India and South Africa ha d submitted the paper  in 
document  WT/GC/W/819 dated 19 February 2021 on the  "The L egal Status of 'Joint Statement 
Initiatives ' and their Negotiated Outcomes ". As a co-sponsor, India was  not questioning the right of WT/GC/M/190  
 
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  Members to meet and discuss any issue. However, when such discussions turn ed into negotiations 
and their outcomes were to b e brought into the WTO, the fundamental rules of the WTO should  be 
followed.  The WTO had been  established as a forum concerning multilateral trade relations in matters 
dealt with under  the agreements in the Annexes to the Marrakesh Agreement and for furthe r 
negotiations among its Members concerning their multilateral trade relations and to provide a 
framework for the implementation of results of such negotiations.  
10.3.   The Marrakesh Agreement define d "Plurilateral Agreements " as the agreements and 
associated legal instruments that were included in Annex 4 to the Agreement. The Ministerial 
Conference, upon the request of the Members party to a trade agreement, decide d exclusively by 
consensus to add that agreement to the said A nnex 4.  Procedures for amending rules were enshrined 
in Article X of the Marrakesh Agreement. On the other hand, the GATT and GATS contain ed specific 
provisions for modifications of Schedules containing specific commitments of Members.  
10.4.   Amendments or additi ons to the rules were governed by multilateral consensus based 
decision -making or voting  – right from the outset when a new proposal for an amendment was 
made. On the other hand, negotiations on modifications or improvements to Schedules c ould arise 
either  as the outcomes of consensual multilateral negotiations pursuant to Article XXVIII of GATT or 
Article XXI of GATS or be reached through a bilateral request and offer process or as a result of a 
dispute. In fact, even changes to  Schedules c ould not be made  unilaterally as other Members ha d 
the right to protect the existing balance of rights and obligations.  
10.5.   The GATS read in concert with the Marrakesh Agreement provide d for different rules and 
procedures for amendment of rules and modification of schedules.  While the GATS rules were 
governed by the GATS Part II, "General Obligations and Disciplines ", Part III of the GATS contain ed 
provisions concerning Members individual "Specific Commitments " pertaining to distinctly identified 
services sectors which were inscribed in Members ' Schedules.  In case of conflict in interpretation, 
Article XVI.3 of the Marrakesh Agreement provide d that in the event of a conflict between a provision 
of the Marrakesh Agreement and a provision of any of the Multilateral Trade Agreeme nts, the 
provisions of the Marrakesh Agreement sh ould prevail.  
10.6.   Each of the JSIs was likely to pose different legal challenges to the existing WTO rules and 
mandates given the differences in the nature and scope of issues covered under each of th ose 
initiat ives. However, any attempt to bring in the negotiated outcomes of the JSIs into the WTO by 
appending them to Members ' Schedules, even on MFN basis, following modification of Schedules 
procedures, bypassing multilateral consensus would be contrary to the pr ovisions of  the Marrakesh 
Agreement.  
10.7.   Any attempt to introduce new rules , resulting from JSI negotiations , into the WTO without 
fulfilling the requirements of Articles IX and X of the Marrakesh Agreement w ould be detrimental to 
the functioning of the rules-based multilateral trading system. Among others , it would erode the 
integrity of the rules -based multilateral trading system , create a precedent for any group of Members 
to bring any issue into the WTO without the required mandate . bypass the collective oversight of 
Members for bringing in any new rules or amendments to existing rules in the WTO , usurp limited 
WTO resources available for multilateral negotiations , result in Members disregarding existing 
multilateral mandates arrived  at through consensus in favour of matters without multilateral 
mandates , lead to the marginalization or exclusion of issues which were difficult but which remain ed 
critical for the multilateral trading system such as agriculture  and development  thereby un dermining 
balance in agenda setting, negotiating processes and outcomes and fragment the multilateral trading 
system and undermine the multilateral character of the WTO.  
10.8.   The document list ed various options to move ahead. As per the provisions of the Marrak esh 
Agreement, for bringing in their negotiated outcomes in the WTO , the JSI Members c ould seek 
consensus among the whole WTO Membership, followed by acceptance by the required proportion 
of Members according to Article X of the Marrakesh Agreement. Altern atively, they c ould get the 
new agreements included in Annex 4 following Article X.9 of the Marrakesh Agreement. They also 
had option to pursue agreements outside the WTO Framework, as had been  envisaged in the Trade 
in Services Agreement (TISA) or as ha d been done in multiple bilateral or plurilateral FTAs or R TAs. 
The proponents of a "flexible multilateral trading system " could even seek amendment to Article X 
of the Marrakesh Agreement following procedure s enshrined therein to provide for such an approac h. WT/GC/M/190  
 
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  10.9.   Through the paper WT/GC/W/819, India and South Africa  reiterate d that basic fundamental 
principles and rules of the rules-based multilateral trading system as enshrined in the Marrakesh 
Agreement should be followed by all Members including the participa nts of various JSIs. Negating 
the decisions of past Ministerial Conferences by decisions taken by a group of Ministers on the side -
lines of a Ministerial Conference or the side-lines of any other event would be detrimental to the 
existence of the rules-based multilateral trading system  under the WTO.  
10.10.   The representative of South Africa  said that t he WTO had been  established as a forum 
concerning multilateral trade relations. South Africa's  interest in submitting th e paper was to remind 
Members  of the legal architecture that govern ed the functioning of the WTO which was critical to 
preserve its multilateral character. The pandemic was a sharp reminder of the importance of global 
cooperation in dealing with global challenges. The challenges facin g humanity were not limited to  
the pandemic but include d rising inequality both within and between countries , poverty  and food 
insecurity , among others . Those necessitate d that Members  avoid ed measures that undermine d or 
fragment ed the trading system.  
10.11.   Any group of Members could  discuss any issue informally. However, when discussions turn ed 
into negotiations, and their outcomes were sought to be formalized into the WTO framework, it c ould 
only be done in accordance with the rules of procedure for amendments as well as decision -making 
as set out in the Marrakesh Agreement. The plurilaterals were provided for in the Marrakesh 
Agreement and were included in Annex 4 to the Agreement  – and t here were specific rules to be 
followed to integrate th ose into the WTO fr amework. It was however important to note that the 
Ministerial Conference, upon the request of the Members party to a trade agreement, decide d 
exclusively by consensus to add that agreement to the said Annex 4.  
10.12.   The provisions in the Marrakesh Agreement had been  carefully negotiated and were a result 
of the experience acquired in the GATT which had been  characterized especially after the Tokyo 
Round by agreement on a number of plurilateral codes. There had been  recognition that th ose 
plurilateral codes had created a fragmented system of rules. In respect of some Contracting Parties , 
the GATT rules had been  applicable, while in respect of the rest, both the GATT rules and the rules 
of plurilateral codes had been  applicable. Th at created considerable complexity in determining what 
obligations had been applicable in respect of which Contracting Party.  
10.13.   The Preamble to the Marrakesh Agreement clearly articul ated Members ' vision for the WTO 
and it was to develop an integrated, more viable and durable multilateral trading system . Article II.1 
stated that "The WTO shall provide the common institutional framework for the conduct of trade 
relations among its Membe rs." Article III.2 state d that "The WTO shall provide the forum for 
negotiations among its Members concerning their multilateral trade relations ". It provide d for 
consensus -based decision -making as enshrined in Art icles III.2, IX, X  and also X.9 as well as  
procedures for the amendments of rules as articulated in Art icle X.  
10.14.   The Marrakesh Agreement did not make provision for the so -called open plurilaterals and 
flexible multilateralism. Therefore, any suggestion that when offered on MFN basis, no consensus 
was required for bringing new rules into the WTO was legally inconsistent with the fundamental 
principles and procedures of the Marrakesh Agreement. Importantly, new rules c ould not be brought 
into the WTO through amendment of Member s' Schedules.  It had also been suggested that the 
Telecommunications Reference Paper justifie d why the consensus principle c ould be bypassed. 
However, as part of the package of the Uruguay Round outcome, there had been  a multilateral 
consensus and a formal mandate for the negotia tions, including agreement on inscribing outcomes 
into Schedules without an amendment procedure.  
10.15.   There were systemic and developmental implications inherent in plurilaterals especially if 
they attempt ed to subvert established rules and foundational principles of the Marrakesh Agreement . 
They risk ed eroding the integrity of the rule s-based multilateral trading system , creating a precedent 
for any group of Members to bring any issue into the WTO without th e required consensus , including 
disregard of existing multilateral mandates , marginaliz ing issues which were difficult but yet critical 
for the multilateral trading system  such as agriculture  and development thereby undermining 
balance in agenda setting, n egotiating processes and outcomes , fragment ing the system and 
undermin ing the multilateral character of the WTO which Members  had sought to resolve by creating 
the WTO following the GATT experience.  WT/GC/M/190  
 
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  10.16.   The legal framework of the WTO provide d clear options for  Members who were part of JSI s 
as outlined in the paper. South Africa was  therefore calling on Members to  respect the rules which 
continue d to underpin the functioning of the WTO.  
10.17.   The representative of Vanuatu , on behalf of the Pacific Group , said that the  Pacific Group 
was still studying the paper so its comments t hat day were still preliminary. The Pacific Group  had 
seen the proliferation of Joint Statement Initiatives in the WTO which pose d constraints for small 
countries that d id not have the capacity t o follow all th ose negotiations. In addition, the Group was  
unclear as to what were the rules of engagement in the JSIs and importantly, how the development 
dimension w ould be addressed.  On the one hand , Members  had fundamental issues contained in the 
Marrakesh Agreement and , on the other , the crucial trade issues that need ed to be addressed. The 
paper by India and South Africa point ed to the need to clarify the relationship between JSIs and the 
multilateral rules. W hile appreciat ing some Members for wanting to  proceed at a fast paced manner, 
Members should  follow the different timeframes  legally prescribed in the multilateral rules.  The 
Pacific Group  encourage d Members to engage in th e discussions on th e proposal.  
10.18.   The representative of Zimbabwe  noted that the issue under discussion concern ed the 
systemic implications that would result from an erosion of the sanctity of the decision -making 
procedures in the Marrakesh Agreement. As a founding Member , Zimbabwe  attach ed great 
importance to the sanctity of the rules -based system as spelt out in the Marrakesh Agreement. A 
fundamental pillar of the WTO's success ha d been the adherence of Members to the letter and spirit 
of the WTO Agreements. Zimbabwe d id not question the rig ht of sovereign nations to discuss and 
agree on agreements defining their bilateral or plurilateral relations.  
10.19.   It was however concern ing when plurilateral issues and interests were sought to be silently 
introduced into the WTO rulemaking system without go ing through the necessary procedural 
processes as outlined in Articles IX and X of the Marrakesh Agreement.  The JSI discussions were not 
mandated under any WTO decision or Ministerial declaration and c ould not be construed in any  way 
to de facto assume any validity or recognition by the Marrakesh Agreement. Zimbabwe  would 
welcome responses and clarifications provided by JSI proponents and would  engage in discussions 
on the issues raised in th e paper. Zimbabwe continue d to consult internally on the  paper and the 
views expressed t hat day were without prejudice to its final national position.  
10.20.   The representative of Nepal  shared preliminary observations on the paper  as it was still 
being studied in its capital . The WTO was for safeguarding multilaterali sm and facilitating rules -
based, predictable, transparent and inclusive trade with a view to raising living standards, reaching 
full employment, high real income and effective demand and expanding the production of and trade 
in goods and services. It had however  been observed over the past few years that the WTO was 
making its efforts on some plurilateral initiatives with a view to concluding their negotiations a s soon 
as possible . Despite the absence of  any agreement and consensus among Members  on their 
mandates , such plurilateral initiatives in the  guise  of Joint Statement Initiatives continued to  take 
place. All proponents of th ose initiatives seem ed to have tried to cover major emerging issues, 
challenges and opportunities in the  global trade regime.  
10.21.   However, leaving a significant number of the Membership outside the JSIs could  not be 
helpful in achieving the main objectives of the WTO. Volume of international trade and size of global 
GDP could  not serve as sufficient evidence to ensure an inclusive and sustainable multilateral trading 
system. Th at essentially need ed to integrate all Members  regardless of the  size of  their population 
and economy. The n umber of Members outside the JSIs and the size of population they cover ed 
were in no way less important. While carrying out any negotiation in the multilateral trading system, 
it was equally important that  Members made  positive efforts to ensure  that developing countries 
especially the least developed among had a just share of ben efits from the growth of international 
trade. The s uccessful conclusion of mandated negotiations such as fisheries subsidies, agriculture 
and S&DT , among others, would be more relevant among Members  than focusing on the JSIs . 
10.22.   AB members should be appointed  soon to bring the dispute settlement mechanism back on 
track and to enhance the  WTO's  functional credibility.  Members should  progress in  WTO reform 
initiatives to ensur e an inclusive and rules -based multilateral trading system and to safeguard 
multilatera lism with a view to addressing global challenges including inequality  by incorporating 
emerging issues and opportunities of global trade and supporting weaker economies to meaningful ly 
integrat e into the global trading system. It would be much more relevan t to conclude the existing 
mandates and those to be agreed at MC12  to make all WTO matters multilateral, inclusive and just.  WT/GC/M/190  
 
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  10.23.   The representative of Cuba said that t he document ha d been submitted to capital where it 
was currently  being studied  and would provide  some general comments without prejudice to making 
further comments at a later time. Cuba had  never objected to the right of any group of Members to 
informally discuss any topic . There was however no agreed multilateral mandate for the development 
within the WTO context of the  JSI negotiations that were currently taking place. The procedures 
adopted by JSIs in Buenos Aires contravene d the rules that were multilaterally agreed  by all WTO 
Members . That wa s causing a precedent which could have an impact  on the participants in th ose 
initiatives  – challenging the consensus required to introduce new rules in the WTO.  
10.24.   The representative of Australia  noted Members'  commit ment to improving the effectiveness 
of the WTO's rulemaking function. Australia was a par ticipant in all the current JSI negotiations 
under way and strongly support ed that important work at the WTO. Plurilateral initiatives were 
neither novel nor revolutionary in the multilateral trading system. They ha d always been a part of 
the WTO architect ure ha d constituted the predominant form of rulemaking in the multilateral trading 
system for decades. WTO -consistent plurilateral trade agreements with wide participation play ed an 
important role in compl ementing global liberalization efforts. The current JSIs had the potential to 
deliver vital outcomes that strengthen ed the WTO's rulemaking function and  its health more 
generally. More than 110 Members were participating in one or more of the current JSI ne gotiations  
– demonstrat ing the wide acknowledgement from across the Membership that th at was a legitimate 
and useful form of rulemaking. They ha d and continue d to be inclusive, open and transparent.  
10.25.   Australia  did not agree with the legal analysis in India  and South Africa's paper. For instance, 
the suggestion that Members c ould not improve their GATT or GATS Schedules without consensus 
agreement was not accurate. Members c ould always incorporate improvements to their Schedules 
whether unilaterally or as a group of Members. Th at was the legal architecture which participants 
had agreed to use in the services domestic regulation JSI. Australia  had full confidence in the WTO 
consistency of th at approach.  In the case of the  e-commerce JSI, its participants  were still exploring 
the legal structure options they could best use to incorporate eventual outcomes into the WTO legal 
framework  but were  confident that th ose pathways c ould be found . Australia encourage d all 
Members to participate in or at least keep an open  mind on th ose plurilateral discussions to pursue 
outcomes that modernize d and enhance d WTO rules for the whole Membership.  
10.26.   The representative of Costa Rica  was focused on ensuring that the WTO operate d within the 
legal framework agreed by the Members. Costa Rica would  reject any attempt to force  Members  to 
abide by new obligations without their consent. Costa Rica was a participant in the Joint Statement 
Initiatives on E lectronic Commerce, Investment Fa cilitation for Development, MSMEs and Services 
Domestic Regulation. The reason for th at was simple. Costa Rica  was recognizing the need to adapt 
to the trade policy challenges of the 21st century. But th at did not mean that any Member who cho se 
to remain o utside th ose discussions w ould be forced to adhere to any new obligations.  
10.27.   Costa Rica  focus ed its remarks t hat day on the negotiations on services domestic regulation 
as th at was the initiative that it had the pleasure of coordinating. Th ose negotiations a nd the 
outcome they w ould produce were firmly within the rules of the WTO. 59 proponents of services 
domestic regulation had established the initiative at the end of 2017 after they ha d to accept with 
great regret that no further progress had been  possible  in the Working Party on Domestic Regulation. 
Each and every proposal submitted had been  rejected in its entirety by South Africa and other 
Members. Proponents of domestic regulation had no choice but to accept th at position.  
10.28.   Since that time, work on the subject ha d so far advanced in the Joint Statement Initiative 
on Services Domestic Regulation. To the extent that participants consider ed it to be a viable prospect 
for an outcome to be delivered th at year, Costa Rica clarified that the outcome would c onsist  of a 
set of disciplines on licensing, qualification and standards which w ould bind only participating 
Members but would  benefit services suppliers from all Members who trade d with the participating 
Members which currently represent ed more than 70% o f world services trade.  
10.29.   The outcome that was envisaged w ould be incorporated into participating Members' GATS 
schedules of specific commitments. In substance, it cover ed precisely those types of measures that 
were listed in the GATS as areas for additiona l commitments, namely, qualification standards and 
licensing matters Th at was important because the paper introduced by India and South Africa 
suggest ed that the disciplines developed by the initiative constitute d some form of not further 
specified rules w hich d id not fit under the architecture of services schedules. Th at was quite untrue . 
Rather, the disciplines constitut ed improvements of participating Members' existing commitment s.  WT/GC/M/190  
 
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  10.30.   Participating Members w ould give legal effect to the outcome by inscribi ng the disciplines as 
additional commitments in the respective GATS schedules. Th at would not be done by seeking to 
add a new agreement to the WTO architecture but by applying well established multilateral WTO 
procedures to improve Members' schedules of sp ecific commitments. Concerns about the work of 
the JSI ha d been raised already at the end of 2019. At that time, India had argued that some of the 
disciplines could  be of a GATS minus nature and the GATS Article VI.4 mandate could  be affected by 
the work o f the initiative. As the Coordinator of the initiative, Costa Rica  had had the pleasure of 
discussing th ose concerns with India in more detail and to report back to the group.  While 
participants in the initiative d id not agree that the  disciplines in question could be understood to 
undercut existing GATS obligations, they agree d wholeheartedly with India that the disciplines 
should  not be understood to weaken any provision contained in the GATS.  
10.31.   Indeed, participants had recently incorp orated in  the negotiating text language  express ing 
clearly that the disciplines sh ould not be constructed to diminish any obligations under the GATS. 
The GATS Article VI.4 mandate to develop any necessary domestic regulation disciplines was not, 
would not and c ould not be affected by the fact that Members participating in th e JSI would 
undertake additional commitments on domestic regulation.  Costa Rica was  therefore disappointed 
to see that India currently  appear ed to question the right of any WTO Member to  improve its services 
commitments. The JSI on Services Domestic Regulation remain ed open and transparent and all 
Members were welcome to join the meetings and to constructively engage ensur ing that the outcome 
benefit ed service suppliers across the world a nd include d as many Members as possible.  
10.32.   The representative of Chinese Taipei  noted that the plurilateral approach ha d contributed to 
global trade in the past. The ITA was an example. Certain limited use of the plurilateral approach 
could  support and supplement the multilateral trading system by facilitating international trade.  The 
discussion s under JSIs had given the WTO  new momentum  which was  necessary and health y for the 
multilateral system.  It was an unavoidable trend that more and mo re trade issues were emerging 
that urgently need ed Members to establish new disciplines for them. It was high ly import ant to 
update WTO rules and to make the WTO a living organization and not be left behind by the world.  
10.33.   Through Joint Statement Initiative s, Members h ad developed a creative way to address the 
trend so that the WTO's legislative function c ould be improved for it to  maintain its relevancy given  
new development s in the world  – with Members  still maintain ing the flexibility not to opt in. Chine se 
Taipei  called on Members to jointly think about how plurilateral agreements c ould be integrated into 
the multilateral trading system while considering  Members'  needs  for their respective development 
stages and maintaining the existing rights and obligat ions of non -participating Members.  
10.34.   The representative of Colombia  believe d that that was an important discussion for the future 
of the organization as th ose initiatives cover ed the interests of many Members to  move forward on 
crucial issues in global trade relations. Colombia appreciated  the interest the Director -General  had 
expressed on JSIs . That was a necessary step for the strengthening of the WTO. Colombia  was happy 
to see how the path that had begun with p revious processes such as the ITA was currently joined 
by many Members who were involved in th e JSIs  – an important space to resolve pending priorities.  
10.35.   Such perspective had led Colombia  to actively and formally participate in the JSIs on e-
commerce, investment facilitation for development, services domestic regulation, MSMEs and trade 
and gender . Colombia also express ed its interest in other nascent initiatives which w ould likewise  
have an important impact on the WTO's future as a driver o f development for Members. With regard 
to the document being  review ed that day, Colombia  did not share the legal analysis that the paper 
had set  out but remained  ready to continue th at discussion in the appropriate forum. Colombia 
reiterated its  commitment to the JSIs and its support for any work that  could be done in that area.  
10.36.   The representative of Mexico  said that JSIs  provide d an excellent opportunity to furnish the 
WTO with tools that would allow it to face the current challenges in global t rade. Members were in 
a situation where some of them b elieve d that  they were still not in a position  to fully integrate 
themselves into the work under way. The JSI participants  had never foreclosed  the possibility for 
more Members to join th ose initiatives  when they deem ed it appropriate to do so nor d id those 
initiatives diminish the rights and obligations of non -participating Members . Rather, the JSIs  offered 
a possibility to move forward and help the WTO  becom e more relevant  by promot ing trade as a 
vehicle for development. Mexico had been  a strong proponent of the JSIs as  the work ha d taken 
place openly, inclusively and transparently with voluntary participation at its core.  WT/GC/M/190  
 
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  10.37.   The representative of the Russian Federation  found the  paper  by India and South Africa 
upsetting. There was no doubt that Members should  respect the right  of any of them  to express its 
attitude towards current developments within the multilateral legal system and to point out issues 
which  it could  see as contradict ory to the system's  rules. The paper  was h owever  not about that  but 
dealt with the issue of whether the WTO should move forward and regain its relevancy amid the 
changing global economic environment or should it be further bogged down by disagreements amon g 
Members and lack of consensus  eventually turning into an archaic and useless institution.  
10.38.   The multilateral outcomes at MC11 had clearly  been quite poor. The decision to promote and 
accelerate fisheries subsidies negotiations – the only multilateral and n egotiation -related result 
achieved in Buenos  Aires – was evidently not enough to chart a way forward for the WTO. The JSIs 
in which Russia was proud to participate in had been  considered globally as a signal of Members'  
ability and readiness to explore pos sible formats to move ahead. The progress achieved in all JSIs 
since then demonstrate d the effectiveness of th at approach. For example, the JSI on Services 
Domestic Regulation was an attempt to deliver on a long standing commitment of all Members to 
develo p the respective disciplines as set out in GATS Article VI.4. 
10.39.   As for the incorporation of new plurilateral initiatives into the WTO Agreements, Russia 
agreed with suggestion of India and South Africa that it should be done in accordance with the 
relevant provisions of the Marrakesh Agreement. However,  the final goal of the JSIs was not to 
create a set of isolated rules among like -minded Members but rather to updat e the multilateral legal 
system as a whole. That was why the JSIs remained  open to all Members at any stage.  
10.40.   The most disappointing fact about the submission was that while attacking JSIs, it d id not 
provide any way forward essentially keeping the WTO to languish in the current limbo. No Member 
had taken the  position to leave behind the co re WTO mandate d issues like agriculture or "horizontal " 
S&DT. However, if the needs of the businesses and the people worldwide including in developing 
countries require d Members  to agree on adequate and up -to-date rules on other important issues, 
they had no right to keep those requests as hostages of their inability to reach progress on all fronts.  
10.41.   The representative of Japan  appreciate d the Joint Statement Initiatives as an essential 
framework to allow the WTO to address in a flexible and realistic manner  the changing global 
economic needs of the 21st century. The JSIs respond ed to calls from a broad range of stakeholders 
by discussing key economic issues  and would contribute to updating the WTO rulebook and to 
ensuring the relevance of the WTO in today's world . Without the JSIs, the WTO risk ed becoming less 
relevant and even losing its raison d 'être as a cornerstone of the multilateral trading system. The 
JSI meetings were organized in an open, transparent and inclusive manner.  
10.42.   While taking into  account the convenience of respective Members including the size of the ir 
delegations in organiz ing the process, the fact that many of them  were participating in the JSIs and 
actively engaging in negotiations in a creative and innovative way clearly show ed the JSI's  
importance.  A number of achievements made in the GATT and the  WTO had initially  been taken up 
or discussed in plurilateral initiatives which  were later merged in th e system. Japan believe d that 
the JSIs were consistent with the WTO  and had high hopes that they would be a key part of the 
MC12 outcomes. Japan w ould continue to work with other Members to deliver substantial outcomes 
in the JSIs as a positive achievement of the WTO.  
10.43.   The representative of the Republic of Korea , as a staunch supporter  of the multilateral 
trading system, was disappointed to see the WTO in limbo in particular its failure to function as a 
forum for multilateral trade negotiations in response to the diverse needs and interests of Members. 
Upon such impasse and trade libera lization shifting weight to regional agreements outside the WTO, 
plurilateral negotiations c ould be a meaningful stepping -stone for multilateral agreement. It also 
serve d as a test pad for pioneering new trade rules  as demonstrated by the GPA and the ITA. The 
JSIs which were held parallel with multilateral negotiations were essential to maintain the WTO's 
relevance  in the changing trade environment. Th ose negotiations were responsive to the demands 
of diverse stakeholders which w ould help rebuild trust in the multilateral trading system. Korea 
therefore  express ed its concern on the communication submitted by India and South Africa which 
raised questions on  the concerted endeavours for revitalizing the WTO's negotiating function.  
10.44.   The r epresentative of the United States  believe d that plurilateral negotiations at the WTO 
could be a useful means to advance issues of interest to Members and to keep the WTO relevant. It WT/GC/M/190  
 
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  did not view plurilateral negotiations and outcomes as undermining multi lateral ones. In fact, 
plurilateral initiatives c ould foster new ideas and approaches and build momentum toward 
multilateral outcomes. The various rigid positions expressed in th e paper would seem to foreclose 
Members ' ability to pursue creative and flexib le approaches at the WTO to the challenges of today 
and tomorrow.  
10.45.   The representative of Chile noted that the paper had  opened up an interesting discussion 
which should take place in a forum other than the General Council. Considering Joint Statement 
Initiatives separately could  be a way to incorporate them into the WTO.  While it was still assessing 
the legal considerations raised in the  document , Chile noted that the paper  had made assertions  
which  could  not be based on reality. JSIs tackle d topics that were fundamental for 21st century 
global trade in an  open, inclusive and constructive  manner . Chile welcome d the possib ility of 
achiev ing multilateral discussions on th ose areas as that w ould benefit  every Member. Th at was  why 
Chile, a Member committed to multilateralism, was actively participating in the JSIs on services 
domestic regulation, investment facilitation  for development  and e -commerce.  
10.46.   As Chile respect ed the decision of those Members who decide d not to join JSIs, those 
Members shoul d also respect the decision of others  who wish ed to move th ose discussions  forward  
since the rights of non -participating Members would  be in no way diminished. Chile was looking for 
a pragmatic, respectful and necessary way forward to break the stagnation of the WTO negotiating 
function and Members should  begin to reflect on how to create a swifter way to allow agreements 
negotiated in th at format to integrate into the organization.  
10.47.   With regard to the JSI on Investment Facilitation for Development and as it s Coordinator , 
Chile invite d India, South Africa and those Members who ha d not yet done so to participate in the 
JSI discussions. Th at would  allow the JSI participants  to learn more about their opinions, interests 
and perspectives including on the element s reflected on their paper  and to effectively address them. 
That would  also facilitate the entire Membership in achieving consensus multilaterally on the matter 
which could in turn contribu te to the effective management of global trade flows particularly in the  
post COVID -19 period.  
10.48.   The representative of the Philippines  was a willing and active participant in most JSIs. The 
JSIs were positive contribution s to the multilateral trading system even if their pursuit and their 
eventual implementation were not shared universally by the Membership. For the Philippines  and 
many other  Member s, the JSIs serve d to deepen trade relations among them and to clarify rules 
that b ound them more strongly . More importantly, they respond ed to the policy exigencies of 
modern -day global trade.  The provisions of the Marrakesh Agreement were indeed  clear and 
undisputable. The Philippines believed  that no one question ed Article X of the Marrakesh  Agreement .  
10.49.   The Philippines  had not foresee n however when it had  signed on to th at treaty in 1994 that 
efforts t hat day to cope with and keep abreast of modern -day realities in global trade c ould easily 
be frustrated by the refusal of a minority to move forward towards a deeper and clearer bas is for 
their trade relations. Perhaps, it was also not fair to expect the larger majority of Members to stay 
still because a few others prefer red to do so.  The Philippines  underst ood plainly the institutional and 
legal hurdles WT/GC/W /819 tosse d on the path of the JSIs  and asked India and South Africa to  t 
least collaborate with JSI participants to find an institutional and legal way to allow the JSI outcomes 
to thrive and benefit all Members.  
10.50.   The representative of Turkey  said that, in  the negotiating history of WTO rules, every single 
word of  the agreement ha d been achieved through intense discussions and with earnest efforts of 
the Contracting Parties. Since 1947, the negotiations around various topics ha d evolved differently 
under di verse configurations. Progressive dismantling of obstacles in trade in goods and services 
was a difficult task and th at progress c ould only be ensured incrementally. In achieving th at, 
multilateral platforms were ideal while in some occasions, additional i nstruments and different 
configuration could  also be needed to foster and reinforce negotiations among Members. Discussions 
under JSIs contribute d to the  WTO's  main objective as long as they continue d to maintain their 
transparent and inclusive character a nd adhere to the fundamental principles of  the WTO . Through 
those instruments, Members c ould craft new ways for ensuring additional benefits for international 
trade in goods and services. The rules in th e organization c ould be more up to date. Members could  
also have further discussions on how th ose agreements c ould be integrated into WTO acquis.  WT/GC/M/190  
 
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  10.51.   The representative of Bangladesh  noted that  the questions and concerns raised in the 
communication were important  – demanding deep er discussions which  should  involve all  Members. 
Bangladesh said that  its capital was still examining the paper and  looked forward to engage 
constructively with Members  on the matter . 
10.52.   The representative of Uruguay  said that his country was fully committed to the multilateral 
trading system and its rules going as far  back as the Havana Conference. Uruguay  express ed its 
trust that the rules w ould prevail.  Otherwise , Uruguay would not be in the WTO and committed to 
its rules. Uruguay  fully trust ed in the WTO's ongoing ability to remain faithful to its international 
mandate. The best gift delegates could give the new  Director -General would be  to give up th eir petty 
in-fighting that ha d already gone far too long . Members should instead firmly  commit with good will 
to the ongoing discussions that t ook into account the real needs of today's global economy without 
losing sight of the commitment to ongoing pending discussio ns which were of utmost importance to 
all Members  particularly those that were small and developing  such as Uruguay .  
10.53.   As the convenor of an open and inclusive JSI – the Informal Working Group on MSMEs , 
Uruguay noted that the Informal Working Group did not  craft rules but ma de recommendations and 
suggestions.  Despite continuing their discussions virtually, it ha d still been extremely difficult for the 
JSI participants to achieve the outcome of the package of recommendations they had agreed in  the 
Informal Wo rking Group in December – the only negotiated result that the WTO had achieved in 
2020. Clearly, the WTO needed  reform. But equally important, it required  a change in attitude of all 
Members . Absent that, Members would be doing the multilateral trading system a great disservice.   
10.54.   The representative of Pakistan  welcome d the paper  which raised  pertinent questions on an 
element of  fundamental nature for th e WTO.  Notwithstanding the content or topic in any of the JSIs, 
they posed a serious challenge to the consensus -based decision -making principle of the multilateral 
system. W hile s ome Members wish ed to advance certain discussions,  that did not take away the 
desire of a large number of Members to focus on mandated  issues or consider some of the  subjects 
taken up in JSIs as premature for negotiations.   
10.55.   While JSI participants noted their transparent and inclusive manner of conducting 
discussions, Members'  initial understanding  had been  that JSIs were merely exploratory in natur e. 
The JSIs  had however eventually developed into fully fledged negotiations on potential agreements 
that could cut across  existing rights and obligations of Members that were not part of the JSIs. True 
inclusivity  would have demanded that it be manifested  before launching the JSIs. Pakistan s aw those 
questions as pertinent and look ed forward to discussing th at aspect particularly with reference to 
upholding the fundamental pillars of th e system.  
10.56.   The representative of Brazil  noted that a  number of points raised in the paper were not new 
and ha d been addressed elsewhere. For example, with respect to the Joint Statement Initiative on 
Services Domestic Regulation, it ha d been noted that the mandate contained in GATS Article VI:4 
was not affected by the fact that a subset of the WTO Membership under took additional commitments 
in accordance with GATS Article XVIII. Pa rticipants of that initiative ha d made it clear that they 
would give legal effect to the disciplines on domestic regulation by incorporating them in their 
respective GATS Schedules so that they w ould be applied on a most -favoured nation basis.  
10.57.   Nothing in the WTO agreements prevent ed a group of Members willing to improve their 
commitments from doing so either individually or collectively. A revision of the WTO architecture 
should be part of any WTO reform package. Members should be able to do more  than just improving 
commitments in their Schedules.  If that was not done, the world w ould not stop and wait for the 
conclusion of multilateral agreements in the WTO. New rules for international trade were already 
badly needed, and if they were not crafted  there, they w ould be agreed elsewhere. Members  needed 
to find a better way of incorporating the results of plurilateral negotiations into the WTO framework.  
10.58.   The representative of Canada  did not agree with the argumentation presented in th e paper. 
However, irrespective of whether one or not agree d in any of its details, to ensure that the WTO 
remain ed effective, Members should  be prepared to address important trade related issues in a 
number of areas. Creating new or modified trade rules was more than overdue. In some cases, 
Members could  proceed multilaterally . For other s, the JSI model was the best avenue for interested 
Members to pursue common objectives. The JSI negotiations  were inclusive , transparent and open 
to all Members. Canada welcome d the progress made so far in th ose negotiations and note d the WT/GC/M/190  
 
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  increase in participation by developing Members. It was premature to pre -judge the legal 
architecture for any of the JSIs as each initiative  was unique and was evolving at its own pace. The 
true test of any outcome, be it plurilateral or multilateral was whether it promote d development and 
sustainable growth and secure d an increase in the predictability in the global trading environment.  
10.59.   The r epresentative of the European Union  said that p lurilateral agreements ha d been a 
driving force under the GATT and beyond and had paved the way for many multilateral agreements 
that were an integral part of the WTO Agreement. They were not antithetical to m ultilateralism . They 
paved the way towards it.  Beyond th ose agreements, the WTO 's negotiating arm ha d not been able 
to deliver many of the significant improvements in the multilateral trade rulebook that were needed 
to respond to important trade issues. It was clear that moderni zing WTO rules c ould not be achieved 
only through multilateral agreements base d on single undertaking. It was therefore vital for the 
WTO's relevance and credibility to maintain the option of developing rules that correspond ed to the 
economic and trade realities of the 21st century through plurilateral agreements.  
10.60.   A very large numb er of Members were involved in plurilateral negotiations under the J SIs on 
services domestic regulation, e -commerce and investment facilitation for development. JSIs brought  
many benefits and were essential to make global trade rules responsive to the digi tal transformation 
of economies, the growing importance of services and the need to facilitate investment which was 
key for development. If no effective formula was found to integrate plurilaterals in the WTO, there 
would be no other option than developing  such rules outside the WTO framework  which  would 
increase fragmentation and risk  to eventually condemn the WTO to irrelevance.   
10.61.   Meaningful WTO reform should  recogni ze that reality. As indicated in the European Union' s 
recently published Trade Policy Revie w, the European Union favour ed an inclusive approach to open, 
plurilateral agreements that facilitate d participation by developing countries and allow ed them to 
decide whether they would wish to join the agreement, leaving the door open for them to join at  a 
later date. There were various ways in which plurilaterals c ould be incorporated in the WTO. Some 
were included already in the WTO Agreement such as in the GATS that provide d that Members c ould 
inscribe additional commitments in their Schedules which was the legal architecture that the 
participants in the JSI on Services Domestic Regulation ha d chosen.  
10.62.   Nobody c ould doubt the benefits from various types of plurilaterals such as the GPA or the 
ITA. What matter ed was not their legal form but that they br ought  undeniable benefits. Legal form 
should be a secondary consideration . The focus should be on how th e organization c ould remain 
relevant by developing rules that address ed pressing issues.  The European Union was in favour of 
having further discussions on th at with Members and call ed on them to adopt a constructive 
approach and make positive contributions to th at discussion.  
10.63.   The representative of Sri Lanka  noted that although JSIs ha d been in existence since 
December 2017, they d id not have any locus sta ndi in the multilateral trading system. While a ny 
group of  Members c ould come together to discuss any issue informally , the discussions under JSI s 
did not  provide them any recognition or legal standing in the WTO . Those discussions ha d turned 
into negotiat ions and outcomes were sough t to be formalized into the Marrakesh Agreement 
Establishing the WTO and its Annexes. A careful examination of the WTO's rules was required. Any 
formalization of outcomes c ould only be done in accordance with existing WTO rules – particular ly 
those rules on amendments and on decision -making as set out in the Marrakesh Agreement.  
10.64.   Sri Lanka thank ed India and South Africa for the paper  and support ed the flagging of 
Members' attent ion to the  important legal aspects that warrant ed close and careful analysis by all 
Members. The paper indicated  the systematic implications on the multilateral trading system and on  
Members who ha d not joined JSIs. Th e paper  deserve d to be further discuss ed to better understand  
the issues raised therein and arriv e at ways to minimize possible legal and systemic conflicts for 
upholding the fundamental principles in the WTO Agreements. The JSI proponents should  address 
those concerns through active engagemen t if they were serious and genuine of their intentions. Sri 
Lanka  was studying the  paper  as it explor ed the possibility of  co-sponsor ing it in the future.  
10.65.   The representative of Tanzania  said that the paper provided a timely reminded for Members 
to abide to  the agreed WTO rules, principles and procedures as a multilateral organization. The JSIs 
were a result of lack of consensus on respective issues for which likeminded Members had  decide d 
to pursue certain issues of their interest in coalition outside the WTO framework . Outcomes achieved WT/GC/M/190  
 
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  from JSI s would not be multilateral as their negotiations had been  initiated while Members were still 
in disagreement . Members such as Tanzania we re not participating  and would not  be obliged to 
implement agreements which had never been part of the multilateral  negotiations. Tanzania had  
previously expressed that the areas covered by  JSIs had serious implication s to its existing policy 
space for development. Tanzania w ould not howev er object  to certain JSI s being brought under 
Article X.9 of the Marrakesh Agreement for consideration to include them into Annex 4 of the 
Marrakesh Agreement as Plurilateral Agreements.  
10.66.   The representative of the United Kingdom  did not share the view that the work of the JSIs 
was inconsistent with the rights and obligations of Members or the appropriate functions of the WTO. 
JSI discussions ha d brought much -needed energy and dynamism to the WTO enabling a significant 
proportion of the Membership to make vit al progress on areas where new rules and commitments 
were urgently needed to update the global trading system. The JSIs were some of the most 
important reforms undertaken at the WTO. The United Kingdom  would encourage participants of the 
JSIs to continue a ttracting wider interest and participation from across the Membership. Th at would 
ensure th ose negotiations were as inclusive as possible , would pave the way for them to be adopted 
multilaterally in  the future and would allow  the WTO to remain relevant.  
10.67.   The representative of Hong Kong, China  was a strong supporter and active participant in the 
JSIs on e -commerce, services domestic regulation and investment facilitation for development.  Hong 
Kong, China  share d the common goal t o moderni ze and strengthen the multilateral trading system 
on issues of increasing relevance to the global trading system.  The need for more transparent and 
predictable trade rules was particularly pressing in light of the COVID -19 pandemic . Work in the JS Is 
was contributing to reinvigorating the efforts of the WTO in making new rules that respond ed to the 
aspirations of consumers and business communities across the globe.  
10.68.   The JSIs would build upon the extensive work of existing WTO bodies and programmes s uch 
as the Working Party on Domestic Regulation and the Work Programme on Electronic Commerce 
without affecting their multilateral mandates or ongoing work.  Without prejudging the respective 
legal formats of the outcome in th e JSIs  which were still under d iscussion, JSI participants 
acknowledge d that the outcome should be incorporated into the WTO framework in accordance with 
WTO rules and procedures. As the common goal of the  JSIs was  to deliver multilateral outcome with 
participation of as many Members as  possible, participants were committed to keeping their work 
Member -driven, transparent, inclusive and open to all WTO Members.   
10.69.   Participants were also providing constructive inputs to ensure that the development angle 
was central in the JSI discussions wi th a view to facilitating the participation of Members at different 
levels of development through technical assistance, capacity building and transitional arrangements.  
Hong Kong, China encourage d more Members to join the JSI meeting  which were open to all of them 
and looked forward to engaging with them constructively.  
10.70.   The representative of Norway  noted that Norway wa s one of the founding Members of the 
multilateral rules -based trading system. Since 1947, the world ha d gone through tremendous 
changes including  the global trading regime both in terms of scope, commitments and participation. 
Plurilateral approaches and initiatives ha d been part of the development of both the GATT and the 
WTO.  The world still need ed a glob al, rules -based trading system. But in the same way as the world 
change d, so should  the rulebook. Norway  welcome d the energy that the JSIs had injected into the 
WTO with Members who believe d in the future of the system joined by a large number of Members 
– developed and developing, small and large  – and those that believe d that the system need ed to 
develop to stay relevant  and that an updated framework of rules was beneficial for social and 
economic development for all . 
10.71.   The representative of Switzerland  said that the  content of the paper  had left it somewhat 
perplexed. JSIs were appropriate instruments for developing the trading system and strengthening 
the WTO's negotiating function, and enabl ing the organization to address the challenges posed by 
the modern -day economy. They constitute d an effective and relevant approach that was not new 
and that most certainly d id not undermine the multilateral approach nor did they  affect the rights 
and obligations of Members not participating in them. Th ose initiati ves were transparent, open to all 
Members and consistent with the spirit of multilateralism.  WT/GC/M/190  
 
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  10.72.   The representative of Singapore  noted that t he JSIs were in line and in sync with the 
workings of the WTO. Members had started discussing JSIs around 2017 after pr olonged periods of 
languishing talks with no prospect of attaining consensus from the full Membership. JSI s encourage d 
the participation of all Members with the aim of obtaining a multilateral outcome  and were operating 
legitimately within the WTO as open plurilaterals. They were conducted in an inclusive and 
transparent manner and the relevant materials were made available to all Members.  
10.73.   Legal architecture  was a topic which was still premature across most of the JSIs. It was 
prudent to determine the subst ance of the agreements before consider ing the legal modalities. It 
was heartening that Members ha d engaged in a constructive, technical discussion across all JSIs in 
the last couple of years. While they had differences, th at had not stopped them from havin g fruitful  
conversations. Singapore  frankly struggle d to understand the paper's motive. The JSI outcomes 
were critical to maintaining the WTO's relevance. There was significant interest in the JSIs from key 
stakeholders which was evident from th e considera ble support that the business community 
extend ed to the m. Contrary to some claims in the paper , the JSIs support ed WTO multilateral values.  
10.74.   In times of crisis, JSIs represent ed bright spots that ha d brought together a vast majority 
of Members determined to work towards meaningful and relevant outcomes that address ed new and 
emerging issues. Th at was a tangible demonstration that the WTO remain ed relevant, useful and 
meaningful to their stakeholders a nd could deliver results.  The WTO s tood at a crossroad t hat day. 
Dr. Ngozi's appointment ha d injected renewed optimism and her support for the JSIs ha d been 
encouraging. Members  were well placed to deliver outcomes at MC12. As responsible Members, they 
had to decide if they wanted to have aetiological and historical debates that divide d them or if they 
genuinely want ed to bridge their differences and work together to strengthen the WTO.  
10.75.   The representative of Israel  said that i t was an important paper which require d further 
analysis and discussion. Israel ha d always been a strong supporter of the multilateral trading system. 
As an open and relatively small economy, Israel strive d to further develop its international trade and 
economic collaboration with count ries around the world based on the multilateral trading system 
and WTO rules. Israel  recognize d the importance of supporting a well -functioning WTO including 
taking up negotiations within its old framework.  However, in recent years, Members ha d not achieve d 
negotiated outcomes , apart from a few,  expected by the ever -changing global  trade landscape.  
10.76.   The plurilateral route ha d been able to partially fill in some of the gaps and compl ement 
them. Plurilateral ag reements and JSIs should not replace multilateral negotiations and Israel  
prefer red the latter. At the same time, they presented a  compl ementary route that c ould deliver 
tangible results in new areas. Like many othe rs, Israel  had benefitted from th ose plur ilateral 
negotiations and agreements such as the ITA I, ITA II and the revised GPA. Currently, Israel actively 
participated in JSIs on e -commerce and on services domestic regulation.  
10.77.   Israel w ould continue to participate in all multilateral trade negotiatio ns and similarly in 
plurilateral negotiations in which it ha d specific trade interest. Both routes were viable and 
complementary of the rulemaking function of the WTO.  It is worth noting that plurilateral agreements 
as stated in Article II:3 of the Marrake sh Agreement were binding on those Members who ha d chosen 
to accept them and d id not create obligations for Members who ha d not accepted them. Israel 
encourage d Members to recognize th ose initiatives as bottom up attempts to reinvigorate the 
multilateral t rading system. Israel  looked forward to continuing th at important discussion.   
10.78.   The representative of Peru noted that the paper allowed Members to generally reflect on the 
value of creativity and capability of JSIs in enrich ing the multilateral trading system while taking due 
consideration of  the WTO's legal framework. JSIs had facilitated progress on important matters of 
international trade required and calle d for by  stakeholders . Peru currently participated  in the JSIs 
on e-commerce, MSMEs, services domestic regulation and trade and gender. Each JSI would 
continue to develop in such a way as to ensure its legal relevance in line with  Members'  commitments 
within the organization. Members would  tackle th at issue  with creativity and energy  seeking to 
strengthen the multilateral trading system to progress on the path towards development which was 
all the more necessary during that  extreme situation caused by the COVID -19 pandemic . 
10.79.   The representative of Indonesia  said that t he discussion on the legal status of JSIs and their 
negotiated outcomes was both timely and important. While Indonesia participated in  two JSIs, it put 
forward the same question upon joining th ose initiati ves. On the Structured Discussions on WT/GC/M/190  
 
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  Investment Facilitation for Development, Indonesia s ought  information on what steps w ould be 
taken by the convenor to integrate the outcome to the WTO knowing that there was no WTO mandate 
on that initiative yet. Indonesia was looking forward to such discussion s and would like to understand 
better how the Coordinators  of each of the initiative s would try to integrate the JSIs into the WTO 
rules. The motive to pursue an ambitious agenda on several  trade -related  areas through the WTO 
should respect and be in line with the fundamental principles set out in WTO rules.  
10.80.   The representative of Oman  shared some systemic concerns highlighted by the paper.  Oman 
was concerned that by allowing Members to introduce any issue they wish ed in the WTO under the 
umbrella of the JSI, it w ould open doors to some controversial issues. Most Members had not 
challenge d the legal arguments presented by India and South Africa. Th e paper  needed further 
discussion . While its  capital was still studying the paper , Oman hoped to come back with more 
specific comments in the near future.  
10.81.   The representative of the Kingdom of Saudi  Arabia  noted that t he request was valuable and 
merit ed further discussion both in Geneva a nd in capitals. At the same time, Saudi Arabia was an 
active participant in J SIs and believe d in both plurilateralism and multilateralism. Both were in the 
hands of Members to help them enhance the negotiations and to move forward with a view to 
facilitating the organization to regain the trust of the entire world. Such a submission was valuable 
but Members should also  tackle it carefully by entering into  more discussions  on the matter 
preferably in informal mode – which would be more practical.  
10.82.   The representative of Cameroon  had forwarded the paper to its capital . Without prejudic e to 
its right to provide future comments , Cameroon  believe d that the paper  was an invitation for 
Members  to bridge the gap on the issue  and see how they could reach an agreeable platform on all 
the topics under discussion. Cameroon was following the discussions on the JSI on E -Commerce. JSI 
processes could lead to consensu al outc omes by recognizing the need for a  collective approach to 
the issues raised by the proponents  and by the way JSIs would carry th ose discussions forward 
based on consensus . Cameroon  had taken note of the paper to be  transmit ted to its capital. As they 
enter ed a new era , it was time for them to find ways to best address that issue  within th e WTO . 
10.83.   The representative of Nigeria  was fully committed to the multilateral trading syste m. At the 
same time, Nigeria participated in t hree JSIs including on  MSMEs and on trade and gender given  
their importance especially in the 21st century. The legal opinion of a Member or group of Members 
on the scope and application of the provisions of the Marrakesh Agreement and other WTO 
agreements could  not always be accurate.  It was within the sovereign right of each Member to 
determine and pursue their respective development interests especially in plurilaterals which w ould 
lead to multilateral outcomes by consensus. Nigeria  was confident that final outcomes on the 
respective JSIs w ould take into account some development priorities and avail as the requisite tool 
to unlock their economic potential. Nigeria was likewise  open to further discuss the paper with the 
proponent s to deepen its understanding o n the specific ele ments.  
10.84.   The representative of India thank ed Members for their engagement on th at agenda item. It 
was sad that those who had objected to moving forward on mandated issues  were currently 
complaining of  the WTO being in a limbo. I ndia underst ood that JSI proponents would  need time to 
respond  and reflect on the legal issues raised in the paper.  India had not heard much on legal 
arguments in various statements except for phrase "we do  not agree ". There was a difference in 
improvement and changes. In the name  of improvement, changes c ould not be made. As far as the 
JSI on Services D omestic Regulation was concerned, India was still awaiting responses from the 
proponents of that JSI on  the concerns raised in  the Working Party on Domestic Regulation. If 
numbers were the only way to show acceptance, then Members should ha ve already  agreed on the 
G-90 proposal on S&DT , on the  TRIPS Waiver proposal with 57 co -sponsors, and  on many  other  
proposals. The n egotiating function was important as it br ought  new rights and ob ligations. But 
without  the dispute settlement system, even existing negotiated outcomes w ould lose their purpose.  
10.85.   The representative of South Africa  welcome d Members' engagement on that important issue  
and thanked those who said that the  discussion was timely and important.  Some of the issues in the 
JSI were issues where there was already a  multilateral mandate . Members  had seen how the Work 
Programme on Electronic C ommerce that aim ed to ensure balanced  and equitable outcomes ha d 
suffered with the launch of the JSI. The d evelopmental concerns  and the principles that underpinned 
the WTO we re increasingly ignored. South Africa  differed with the view that new rules c ould be 
integrated through Members ' Sched ules. Modification or improvements to Schedules of Concessions WT/GC/M/190  
 
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  on the other hand follow ed certification procedures. Therefore, there was a difference between 
changes to rules and changes to Schedules.  South Africa  reiterate d that it did not question the ri ght 
for any group of Members to discuss any issue informally. However, when discussions turn ed into 
negotiations and their outcomes were sought to be formalized into the WTO framework, it c ould only 
be done in accordance with the rules of procedure for ame ndments as well as decision -making as 
set out in the Marrakesh Agreement.  Members should  carefully consider  the legal arguments in the 
paper including the options raised. I t was not about the number of Members that participate d in a 
specific initiative but  its paper was about the legal provisions that underpin ned the functioning of 
the WTO that should  be respected. South Africa  looked forward to engage  further with Members on 
the legal aspects related to how negotiated outcomes were integrated into the WTO framework in 
view of the provisions of the WTO legal framework.  
10.86.   The General Council took note  of the statements.  
11  TRADE AND HEALTH: COVID -19 AND BEYON D – UPDATE FROM CANADA ON BEHALF OF 
THE CO -SPONSORS OF WT/GC/223  
11.1.   The Chairman  recalled that the  item was included in the agenda by the co -sponsors of 
document WT/GC/223.  
11.2.   The representative of Canada  said that Members saw that the COVID -19 pandemic continue d 
to affect their citizens and their economies. Members  needed to ensure that trade -related measures 
taken by them were proportional, appropriate, temporal, targeted, transparent and consistent with 
WTO obligations. The objective of the Trade and Health In itiative was to create the conditions for a 
more stable and predictable trade environment and to facilitate Members'  ability to work together 
to mitigate the impact of th at and future pandemics. Since December, Ottawa Group members ha d 
transformed their ideas into a draft declaration that respond ed to current and future pandemics and 
related challenges in international trade. It had been  circulated on 18 February as JOB/GC/251.  
11.3.   They had also begun extensive outreach to Members in order to garner further support for 
the draft declaration and w ould continue to do so in the weeks ahead. Their goal was to bring about 
further support by ensuring a clear understanding of their motivation for t hat declaration and the 
intentions behind all of its provisions. They hoped to be able to formally circulate the draft declaration 
with new co -sponsors joining them in that work as soon as possible. They would then continue to 
reach out to Members who ha d questions and work to have them also join. Th e initiative w ould help 
Members  prepare for a successful outcome at MC12 on trade and health related issues.  
11.4.   The representative of the Central African Republic  noted that, s ince the beginning of the 
COVID -19 hea lth crisis, African countries ha d been confronted with and continue d to face export 
restrictions, shortages in the health and food sectors and a significant disruption in supply chains. 
Unfortunately, the considerable progress made against HIV/AIDS and mal aria was also  being 
undermined  and could result in hundreds of thousands of additional deaths from th ose diseases.  
This situation ha d been exacerbated by the fact that very few African countries were able to produce 
vital equipment and protective material or even manufacture generic medicines, diagnostic tools, 
future treatments and vaccines.  The Central African Republic therefore  welcome d all the proposed 
measures to limit, or even bring an end to the supply chain disruptions.  
11.5.   The Central African Republic  drew attention to the ineffectiveness of th ose measures as they 
would not put a stop to the export restrictions on COVID -19 vaccines and PPEs imposed by certain  
Members as noted by Colombia, Costa Rica, Ecuador, Panama and Paraguay in their communication.  
Nonetheless, the Central African Republic  called for the effective implementation of the C -TAP project 
with a view to facilitating the transfer of technology and knowhow and the implementation of the 
Agreement on Trade Facilitation so that A frican countries could  build their resilience against  COVID -
19 and future health crises and ensure seamless trade.  That exceptional crisis require d global 
solidarity to ensure timely, equitable and affordable access to vaccines, therap eutics  and diagnostic  
tools. In that regard, the TRIPS Waiver Proposal and the operationalization of C -TAP were essential.  
11.6.   The representative of Bangladesh  said that p ublic health emergency was a priority anywhere 
in the world. The fight against the ongoing pandemic was a coll ective one which primar ily require d 
ensuring easy and affordable access to essential medical and pharmaceutical products to fight  
COVID -19. That should  be guaranteed to everyone everywhere in the world. The LDCs particularly WT/GC/M/190  
 
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  suffer ed the most in the face o f any disaster be it global, regional or local. COVID -19 had multiplied 
such sufferings. Trade w ould bring no prosperity if they failed to save human beings from th at global 
disaster. Bangladesh thank ed the proponents for recognizing human urgency in both current and 
future  crisis beyond the existing pandemic. Such proposals, if not tied up with any conditionality, 
would be truly helpful for all. Bangladesh look ed forward to engaging constructively on th e issue.  
11.7.   The representative of South Africa  referred to its statement in the  General Council in 
December. As a principle, South Africa  agree d with the proponents that a global health crisis require d 
a coordinated global response for the common good. Howeve r, the actions advanced by the 
proponents  would not result in equitable outcomes in the long run. It was evident from past 
experiences that while in the middle of a health crisis, the critical success factors were speed, sharing  
knowledge and know -how a nd supporting global solutions that were equitable, inclusive and timely.  
Discussions should focus on how the WTO c ould promote within its mandate, equitable access and  
sharing of vaccines, diagnostics, therapeutics and other technologies and medical products  to ensure 
that no one was left behind. Members  urgently needed cooperation and coordination to ramp up 
production and promote local manufacturing of essential medical supplies, devices or technologies 
including diagnostics, medicines and vaccines on reaso nable and affordable terms.  
11.8.   South Africa was  concerned that the proposal was premised on a trade liberalization agenda. 
A one-size fits all approach was not suitable nor appropriate. Th at was evident from the fact that 
some of the proponents ha d resorted to the very measures they advocate d against. Th at was a clear 
indication that in the midst of  an unprecedented crisis, with many countries still grappling with its 
effects, rulemaking was not the best response. The pandemic ha d highlighted the severe 
shortcomings in the view that every challenge require d more tariff liberalization or more trade ru les. 
That approach – in large measure – was responsible for the imbalances in global trade and the many 
risks associated with global value chains.  
11.9.   In light of recent developments, it seem ed necessary to reaffirm Members'  commitment to 
multilateral coopera tion. In committing to multilateral cooperation, they should  recognize that the 
pandemic w ould have a disproportionate impact on developing countries. Th at necessitate d that 
Members use d all policy tools within the confines of the rules -based system to pro mote economic 
recovery based on their circumstances. South Africa was  also concerned that the proposal attempt ed 
to introduce disciplines on export taxes.  
11.10.   The WTO should  respond to the pandemic. Members should  stay true to the Declaration on 
TRIPS Agreemen t and Public Health and ensure that IP was not a barrier to timely, equitable and 
affordable access to vaccines and therapeutics. Approval of the TRIPS Waiver w ould enable sharing 
of know -how and data, promote technology transfer that was critical to scale -up production across 
many countries and address current shortages. It was clear that the existing manufacturers were 
struggling to meet the global demand . The ICC study ha d found that the global economy st ood to 
lose as much as US D 9.2 trillion if governm ents fail ed to ensure developing econom ies access to 
COVID -19 vaccines and  had warned against vaccine nationalism. Members  should urgently engage 
in a solution -oriented process to find  an effective solution to boost productive capacity for products 
essenti al in dealing with COVID -19 across the world which would in turn facilitate  economic recovery.  
11.11.   The representative of Hong Kong, China  support ed the proponents ' efforts which s ought  to 
enhance the capacity of the international trading system to respond to public health emergencies 
and help improve the resilience of global supply chains. Hong Kong, China  welcome d the draft 
General Council declaration circulated by the proponents in document JOB/GC/251  which it was still 
studying and look ed forward to engaging further with the co -sponsors on the matter .  
11.12.   The representative of India reiterate d that the rules and agreements inked for a normal 
situation, not keeping in mind a disaster or p andemic situation, w ould not deliver the desired and 
effective outcomes. India was disappointed with most of the contents of the present proposal. Th ose 
proposals were only trying to justify existing rules which had not been made to handle a pandemic, 
and were not accommodative to take on board new measures. India would have appreciated the co -
sponsors ' support on the TRIPS Waiver Proposal which would have matched their words in letter and 
spirit "to deliver an effective global response to crisis " in their submission through concrete action.  
11.13.   Preventing further disruptions in the supply chains of essential medical goods highlighted in 
the submission was one part of the solution. The submission misse d out a very significant element WT/GC/M/190  
 
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  in COVID -19 response. While it talk ed about facilitating movement of goods including medical 
products and food supplies, it was silent on facilitating movement of healthcare professionals and 
liberali zing measures on that front. Negotiations on new WTO commitments in terms of movement 
of healthcare professionals including doctors, nurses, paramedics, radiologists, surgeons, dentists  
and physiotherapists by lowering the barriers, eliminating the restrictions in qualification 
requirements and procedures, cross -border recognition of professional qualifications, harmonization 
of entry requirements  and easing the entry procedures should also be simultaneously explored with 
the aim of concluding such negotiations by MC12.  
11.14.   On export restrictions, it was a dual use policy tool. During t he pandemic, while one country 
had used it for ensuring equitable distribution of critical medicines, diagnostic kits, ventilators and 
personal protective equipment to large number of countries based on mutually assessed needs and 
in the absence of this to ol, entire supply could  have been cornered by the rich and privileged lot with 
deep pockets as they were not working in a perfect market condition. On the other hand, one of the 
proponents of th e proposal ha d chosen to do the opposite and had used export r estrictions as a tool 
to prevent cross -border shipment of vaccines from its territory. Export restrictions w ould therefore 
continue to play their role as a policy tool which would  depend on how a Member would  use them.  
11.15.   On sharing of experiences and cooperation of the WTO with other organizations, India 
welcome d the proposal and was willing to discuss it further with the proponents. India was confident 
that with Dr. Ngozi's experience,  Members  could certainly achieve bett er coordination with other 
multilateral organizations. Any binding measure on additional transparency w ould only come in the 
way of successful integration of trade and health particularly during a pandemic. During the previous  
General Council meeting,  India had expressed its willingness to engage with proponents for a 
comprehensive proposal but it was met with total silence on their part . That had  only confirmed its 
fear that they were not serious in delivering practical and meaningful response s to the pand emic.  
11.16.   The representative of Chinese Taipei  agree d on the urgen cy for Members to take proactive 
and coordinated work to effectively address the unprecedented health and economic challenges that 
Members  were facing. In line with the actions recommended in the proposal, Chinese Taipei  hoped 
that the initiative w ould help t he flow of essential medical goods and vaccines. Chinese Taipei  would 
be pleased to work with Members on measures that c ould contribute to the successful fight against 
COVID -19 and on how to further enable the multilateral trading system to address future public 
health emergenc ies. Chinese Taipei  remain ed ready to work with Members constructively to ensure 
that the actions taken were relevant to the global response to the health crisis.  
11.17.   The representative of the United States  welcome d the opportunity to wor k with proponents 
and other Members to identify specific challenges affecting supply chains in essential goods and to 
examine how Members c ould address those challenges at the WTO, where appropriate. Specifically, 
the United States  saw an opportunity for p roductive work on trade facilitation measures and in 
improving Members ' transparency.   
11.18.   Regarding trade facilitation, the United States was  optimistic that the approach outlined by 
the proponents w ould promote in -depth discussions in relevant WTO Committees  that could help 
Members identify practical, trade -facilitating solutions to specific supply chain problems.  The United 
States  anticipate d that such effort w ould complement the COVID -19 response proposal in the Trade 
Facilitation Committee co -sponsored by 15 Members including the United States to accelerate the 
implementation of key provisions of the Trade Facilitation Agreement as part of their collective efforts  
to move critical goods more rapidly.  
11.19.   Regarding transparency, the United States  welcome d a detailed discussion on how to 
improve Members ' transparency with respect to their pandemic -related trade measures.  The United 
States recommend ed setting a practical goal – for Members to improve their transparency so that 
they could more quickly understand a trade measure that could cause supply chain disruptions.  
Monitoring was a core responsibility of Members and its outputs should  be Member -driven. The 
United State s look ed forward to evidence -based examinations of specific problems facing pandemic -
related supply chains and how th at proposal c ould tackle th ose real -world problems.   
11.20.   The Biden -Harris Administration was moving swiftly in th at regard. On his first full d ay in 
office, the President had issued the Executive Order on a Sustainable Public Health Supply Chain.  
The Executive Order call ed for a pandemic supply chain resilience strategy founded in part on an WT/GC/M/190  
 
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  analysis of problems in supply chains and options for s trengthening them.  That forthcoming analysis 
would be important to their collective success.  The United States reiterate d that th e work stream 
should not stigmatize, discourage or constrain Members ' right under GATT Article XX to impose trade 
measures nece ssary to protect human life.  Their predecessors had wisely fores een the need for th at 
right and Members seem ed to have approached it with due care even amid great trial.  
11.21.   The representative of Colombia  consider ed the proposal to be a positive and constructive 
initiative  and stood ready to contribute to discussions around it.  Colombia was  particularly interested 
in the discussions on the scope and framework of efforts to address restrictions on medical supplies 
– one of the elements of th e proposal. Members  could count on Colombia to make a constructive 
contribution to future discussions.  
11.22.   The representative of Peru noted that m ultilateral responses within an international 
predictable trading environment should focus  on addressing challenges posed by the COVID -19 
pandemic and its devastating consequences. Members  should  provide a long -term response to 
enable them to be better prepared for any future pandemic. The proponents should  continue their 
outreach with delegati ons on that initiative so that they could better  assess its content and scope. 
Peru took note of  Canada's statement  and st ood ready to look at medium and long term solutions.  
11.23.   The representative of the Philippines  said that t he proposal, the latest of sever al Member -
driven initiatives on COVID -19, was a textbook multilateral trade response to a global crisis of such 
impact and magnitude as the COVID -19 pandemic. In addition to echoing other political calls to 
action on COVID -19, most notably the G -20 and APE C Ministerial declarations, the proposal 
represent ed the most comprehensive set of concrete trade -related COVID -19 measures to date.  
11.24.   From a technical standpoint, the proposal tick ed the right boxes, addressing in a granular 
manner trade -related COVID -19 issues Members  already knew fully well, more than a year into th e 
global pandemic. As first steps towards a multilateral trade solution went, the proposal for Trade 
and Health Initiative represent ed a leap forward. Implicit in the proposal was that a comprehensive 
WTO solution should be first and foremost about trade. But the ultimate end of their actions at the 
WTO ha d always been sustainable development and the welfare of the people. No less tha n the new 
Director -General , Dr. Ngozi Okonjo -Iweala, echoing the preamble to the Marrakesh Agreement, had 
declared that "the WTO is about people ." The Philippines  could not agree more.  
11.25.   In all their actions in the fight against the COVID -19 pandemic, Members should put people 
first. The immediate paramount consideration should be to save lives and prevent any further loss 
of life. It was imperative that there be concrete measures that respond ed to the immediate life -and-
death concerns of the most vulnerable am ong them, specifically those Members with limited or no 
access to life -saving vaccines and treatments. Th e proposal could very well become the opportunity 
to do so, if they, as a collective body, chose to do so. As a multilateral response to a global publi c 
health crisis require d a multilateral consensus, the Philippines urged Members to  strive to go beyond 
plurilateral joint initiatives and aim for a truly multilateral outcome.  
11.26.   The representative of the United Kingdom  noted that t he pandemic was a shared g lobal 
challenge and Members  had a shared opportunity to help tackle it for the benefit of citizens through 
action in th e WTO. As such, the U nited Kingdom  had already committed to the operative 
commitments with regard to tariff liberali zation and approach t o export restrictions as laid out in the 
text of the initiative. The United Kingdom look ed forward to working together with the members of 
the Ottawa Group as well as other Members across the WTO as th at critical work evolve d. 
11.27.   The representative of Norway  added its  voice to those who were positively engaged in 
developing th e initiative. The pandemic represent ed a global challenge and c ould only be addressed 
effectively through international cooperation. The multilateral rules -based trading regime was part 
of the toolbox available to the global community and trade was part of the solution. Th e initiative 
addresse d issues related to both managing the current pandemic, recovering from the economic 
crisis caused by the pandemic and h ow Members  could be better prepared for any future crisis. 
Norway invite d other Members to engage constructively in taking th e initiative forward.  
11.28.   The representative of Singapore  said that t he Trade and Health Initiative w ould help 
demonstrate that the WTO  could meaningfully contribute to the global fight against the COVID -19 
pandemic. It offer ed Members  an opportunity to cataly se their thinking on how the WTO c ould WT/GC/M/190  
 
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  prepare itself better for future global health crisis a nd how they could explore the nexus b etween 
trade rules in emerging areas such as environmental sustainability. The initiative's aim was not to 
limit Members' abilities to achieve public health objectives. Rather, it aim ed to ensure that Members 
could continue to have access to essential medi cal supplies at lower cost during times of crisis.  
11.29.   That could be  done in two ways: (i) the commitment to lower and refrain from erecting trade 
barriers such as tariffs and export restrictions which w ould provide greater certainty to healthcare 
authorities  when items were in short supply and (ii) facilitating the frictionless movement of essential 
medical goods across borders which would help reduce cost. The co -sponsors were committed to 
proceeding in a transparent and inclusive manner. Singapore  encourage d all Members to keep their 
minds open and positively consider participating in th e initiative.  
11.30.   The representative of Canada  thank ed all Members who engaged in th e discussion . Canada 
looked forward to the outreach discussions and remain ed convinced of the value of the a pproach  
taken by the proponents.  
11.31.   The General Council took note  of the statements.  
12  REVIEW OF THE EXEMPTION PROVIDED UNDER PARAGRAPH 3 OF THE GATT 1994 
(WT/L/1108)  
12.1.   The Chairman  recall ed that Paragraph 3(a) of GATT 1994 provide d an exemption from Part II 
of GATT 1994 for measures under specific mandatory legislation – enacted by a Member before it 
became a Contracting Party to GATT 1947 – which prohibit ed the use, sale or lease of foreign -built 
or foreign -reconstructed vessels in commercial applications betwee n points in national waters or 
waters of an exclusive economic zone.  On 20 December 1994, the United States had  invoked the 
provisions of Paragraph 3(a) with respect to specific legislation that had met the requirements of 
that paragraph.  Paragraph 3(b) of  GATT 1994 call ed for a review of th e exemption five years after 
the date of entry into force of the WTO Agreement – and thereafter every two years for as long as 
the exemption was in force – to examine whether the conditions which had created the need for the 
exemption still prevail ed. The G eneral Council  last considered th e matter at its las t meeting in 2019.  
12.2.   For the purposes of the review that year , the General Council  would proceed in a manner 
similar to the previous reviews which was based on a procedure agreed by the General Council in 
2002. All interested delegations could  speak at t hat day's meeting and they could  also subsequently 
submit comments and questions to the United States regarding the operation of the legislation under 
the exemption to which the United States would be invited  to respond. Th ose statements, questions 
and responses, together with the annual statistical report provided by the U nited States  under 
Paragraph 3(c) of GATT 1994, w ould form the basis for th at year's review.  
12.3.   The matter w ould be on the agenda of subsequen t General Council meetings in 2021 as the 
Chair  would  deem appropriate, or at the request of any Member. The General Council w ould consider 
the matter again at its last meeting of the  year. The subsequent review w ould normally be held in 
2023.  As provided in Paragraph 3(e) of GATT 1994, the exemption was without prejudice to solutions 
concerning specific aspects of the legislation covered by th at exemption negotiated in sectoral 
agreements or in other fora.  With th ose words, he draw Members'  attention to th e annual report 
circulated by the United States in document WT/L/1108 . 
12.4.   The representative of the United States  welcome d the opportunity to participate in the review 
of the exemption under Paragraph 3 of GATT 1994. Th at exemption had been  agreed to by all 
Members to deal with non -conforming provisions of domestic legislation of a non -discretionary 
character in a specific ar ea addressed by the exemption and it was an integral part of the GATT 
1994.  In Paragraph 3(a), Members had agreed that as long as the legislation that the United States 
had notified prior to the date of entry of force of the WTO Agreement had remained in f orce and had 
not been modified to reduce its conformity with Part II of the GATT 1994, Part II would not apply to 
that legislation. Paragraph 3(b) specifie d that Members sh ould review the exemption every two years 
to "examine whether the conditions which c reated the need for the exemption still prevail. " 
12.5.   The United States confirm ed that the conditions that  had created the need for th at exemption 
continue d to exist including the US Navy 's reliance on commercial shipyards for day -to-day 
maintenance of naval a nd surge -fleet vessels. It also remain ed critical for US ship -builders to build WT/GC/M/190  
 
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  commercial ships for trade to ensure the maintenance of a viable industrial base to meet future US 
naval requirements.  The United States ha d the same need as it had  in 1994: to  maintain its 
shipyards ' readiness to build and maintain naval vessels.  
12.6.   The United States ha d also continued to provide Members with annual statistical reports under 
Paragraph 3(c) of the GATT 1994, including the most recent report submitted in December 2 020. 
Those reports provide d detailed annual reporting of vessel orders and deliveries from US shipyards.  
The United States w ould be pleased to organize an informal consultation on th e matter with 
interested Members prior to the conclusion of th e review at the final General Council meeting of th e 
year. The United States  thank ed other Members for their interest in th e issue and stood ready to 
answer Members ' questions on the topic as needed.  
12.7.   The representative of Norway  said that it  was an important item on the agenda since the 
waiver in essence ma de it impossible to sell ships to the United States. Th at review should focus on 
the salient point of Paragraph 3(b) of the GATT 1994 which was the examination of whether the 
conditions which had c reated the need fo r the exemption still prevail ed. There was a need to move 
beyond the point of discussing only statistical information submitted under Paragraph 3(c) of the 
GATT 1994. There was a real need to address the conditions for the exemption and whether there 
was still a need for th at exemption. As far as the next practical steps in th e process were concerned, 
Norway  was prepared to go along with the procedure suggested by the Chair and welcome d the 
United States' invitation to informal consultations.  
12.8.   The representa tive of Panama  reiterate d its interest in th e topic and ask ed that its delegation 
be included in any informal consultations that could  be organized to follow up on th at matter.  
12.9.   The representative of the European Union  support ed the review process  and underline d strong 
concerns with th at unjustified exemption. The European Union continue d to view the Jones Act as a 
piece of legislation that restrict ed fair competition in the shipbuilding and shipping markets and no 
longer serve d a legitimate purpose in today 's global economy. Even more, new implementing rules 
showed an increasingly protectionist interpretation of the Jones Act going even further beyond its 
original intention.  The prevailing situation ha d negative economic consequences  for the European 
Union' s and other countries ' shipbuilding, logistics, dredging and energy industries. But the costs 
were also high for the United States which was faced with higher costs for off -shore energy 
production, coastal protection from flooding, adapting to climate change and haulage services due 
to the closure of the US market for foreign built, serviced or operated ships. The EU  hoped that the 
2021 review w ould be consequential. It should not become a recurring point in the agenda but rather 
the starting point to look into how to remedy a situation  which was neither justified nor satisfactory.  
12.10.   The representative of the Republic of Korea  register ed its systemic and commercial concerns 
over the US exemption under Paragraph 3(a) of the GATT 1994. The exemption was not in line with 
the fundamental principles of the WTO as it restrict ed fair competition in shipbuilding and shipping 
markets. The review of th at longstanding exemption in accordance with Paragraph 3(b) of the GATT 
should focus on examining  whether the conditions which had created the need for the exemption 
still prevail ed. In th at vein, Korea asked the U nited States  to provide convincing explanation on the 
necessity to continue th at practice  and looked forward to joining further discussions  on the issue.  
12.11.   The representative of Hong Kong, China  noted that its view remain ed that th e exemption 
which ha d been in place since the establishment of the WTO wa s a major derogation from the WTO 's 
fundamental principle of national treatment.  Recogni zing the crucial role of maritime transport in 
the logistics trade, Hong Kong, China  was also concerned that the continued exemption would hold 
the United States back from liberali zing its maritime transport services sector. Hong Kong, China  
urged the United States to critically consider whether the conditions that had created the need for 
the exemption in question still prevail ed and  looked forward to engaging with the United States 
constructively and achieving a positive outcome in th at review.  
12.12.   The representative of Japan  attache d great importance to the review process. Th e exemption 
was a deviation from the fundamental principles of the WTO. Japan  acknowledge d that the United 
States was currently looking into the possibility of modifying its inter pretation and implementation 
of the Jones Act . It was important that such modifications d id not prevent fair competition.  Japan 
continue d to expect that the United States w ould duly share related information and clarify any 
relevant updates to its interpre tation and implementation of the Jones Act, including any updates to WT/GC/M/190  
 
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  relevant legislation. Japan expect ed the U nited States  to not only share relevant data but also 
conduct a substantial examination to address whether th at exemption was still necessary.  
12.13.   The representative of China  noted that the five -year moving average for the multi -vessel 
deliveries were gradually going down. The review of th at longstanding exemption was not however  
about sharing the data or analy sing the market trend but examining whet her the conditions creating 
the need for the exemption still prevail ed. China was  looking forward to further clarification and 
justification by the United States concerning the necessity and the rationale of the exemption.  
12.14.   The representative of the United States  thank ed and acknowledge d the comments provided 
that day by the delegations of Norway; Panama; the European Union; the Republic of Korea; Hong 
Kong, China; Japan and China. The United States  had taken note of their questions and comments 
and look ed forward to consultations with them later th at year. 
12.15.   The General Council took note  of the statements and agreed  to revert to th at item at its last 
meeting of the  year. 
13  TRADE RELATED CHALLENGES OF THE LEAST DEVELOPED COUNTRIES AND WAY 
FORWARD: A DRAFT FOR MC DECISION (WT/GC/W/807)  
13.1.   The Chairman  recalled that the  item was included in the agenda at the request of Chad on 
behalf of the LDC Group and was related to the communications from the LDC Group on Trade 
Related Challenges of the Least Developed Countries and Way Forward in document WT/GC/W/807  
– which include d a proposed draft Ministerial Conference Decision.  
13.2.   The representative of Chad, on behalf of the LDCs , reiterate d the importance for LDCs of an 
outcome on the issue of graduation at the next Ministerial Conference  and took the opportunity to 
answer some of the questions raised at the previous  meeting regarding the LDC draft Ministerial 
Decision in document WT/GC/W/807.  Some Members ha d asked  why the decision should be 
extend ed to all S&DT prov isions and to all LDCs. Some ha d argued, in particular, that it could  be 
easier for Members to examine specific issues rather than adopting a broad and horizontal approach.   
13.3.   In response, the LDCs  stress ed that the main objective of the LDC graduation propo sal was 
to provide predictability and legal certainty for a smooth transition after the graduation process as 
envisaged under relevant UN resolutions.  The current system where individual Members c ould 
request specific waivers ultimately mean t that any smooth transition arrangement w ould depend on 
the negotiating capacity of a single graduating LDC negotiating with the whole Membership and 
could be vetoed by any Member. T hat would not only put graduatin g LDCs in a difficult situation, it 
would also specially affect weaker LDCs that did  not have sufficient negotiating capacity.  
13.4.   Limiting the scope of the smooth transition to specific measures would imply deciding ex ante 
which S&DT provision was relevant o r not even before LDCs reach ed the graduation stage. 
Alternatively, defining the list of support measure s to be extended to an individual LDC Member only 
when it reache d the graduation stage would be equivalent to the current situation and would not 
addres s the problems facing LDCs. In the same vein, deciding on a case -by-case basis which LDC 
was entitled to an extension when it reache d the graduation threshold as ha d been suggested by 
some would go against the internationally recognized need for automatic and predictable measures.  
13.5.   For all th ose reasons, picking and choosing specific support measures or which LDCs deserve d 
an extension or not would defeat the whole purpose of the proposed Ministerial Decision and would 
not improve the status quo. It would al so result in arbitrary and unjustifiable discrimination affecting 
the most vulnerable graduating Members.  
13.6.   A waiver was clearly not the correct type of instrument to address th at recurrent problem. As 
mentioned under Art icle IX of the Marrakesh Agreement, w aivers were designed for exceptional 
circumstances, not for a normal step in the development process of an LDC Member. The need for 
smooth transition was not an exceptional situation. It was recognized by all Members of the U nited 
Nations  and ha d been addr essed under numerous UN General Assembly Resolutions.  
13.7.   Precedents exist ed for formal, automatic and predictable time bound smooth transition 
mechanisms for graduating LDCs. Just as existing S&DT provisions appl ied to all LDCs, th ose WT/GC/M/190  
 
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  schemes appl ied indiscri minately to all LDCs and d id not condition access to previous negotiations 
which could be vetoed by any Member. Th at was the main objective of the proposed decision and 
the LDCs  were sure Members w ould recogni ze the importance of addressing th at problem effectively 
by MC12.  As a practical way forward, the LDC Group  propose d that the Chair facilitate d small group 
consultations with delegations to achiev e consensus on th e matter  and request ed for that item to 
be kept in the General Council's agenda  until th e issue of critical interest to LDCs was resolved.  
13.8.   The representative of Nepal  associated with the statement by the LDCs.  Sustainable and 
inclusive trade, particularly export trade, constitute d a critical pillar for the LDCs'  overall socio -
economi c development. However, reports show ed that the LDCs had not been able to benefit from 
the global trading system in a just manner owing to numerous constraints including supply -side 
constraints and non -tariff barriers.  Since a chieving global targets of LDC  graduation and SDGs were 
common agenda , Members should support LDCs in meeting those global targets in a timely manner 
through taking relevant decisions in the WTO . Moreover, the pandemic ha d impacted the LDCs most 
severely and ha d devastated the LDCs' export performance.  
13.9.   Recovery of LDC economies was almost impossible without specific additional and robust 
support measures from the donor Members and, for that matter, achieving global targets of LDCs in 
that critical situation w ould remain unfulfilled. No  LDC intend ed to remain in LDC status forever and 
therefore motivating all LDCs towards graduation through necessary support mechanism s had 
become urgent. Some LDCs were on their path to graduation while others were still in the process. 
Graduation  was not an end in itself but just a threshold with some artificially set numbers to measure 
some indicators where  more aspects of socio -economic development had remained untouched.  What 
was more important was the  move towards the next level of the sustainable development ladder 
through graduation  but graduation present ed further challenges to LDCs in trade and development.  
13.10.   Graduated countries pose d a great risk of falling back into the LDC category if their progress 
was not sustained. They would  lose access to a wide range of international support measures  further 
widening the  gap if sufficient support was not strengthened to sustain the graduation. The globally 
accepted principle of smooth transition need ed to be recogni zed making the continuati on of support 
measures for a longer transition period even more urgent. Nepal fully support ed the LDCs ' 
submission and urge d all Members to positively consider and accept the proposal . Among the various 
support measures available to LDCs, the DFQF  market a ccess facility was extremely important to 
sustain their export in destination markets.  
13.11.   Extending th at support for 12 years as reflected in the submission w ould be instrumental in 
sustaining LDCs ' export performance even after graduation. In th at context, the decision to be taken 
by the WTO would therefore be come  crucial. Once the transition period was extended to 12 years 
and graduated LDCs continue d benefiting from the same level of support within that  period, they 
would certainly be able to build their s trong export base to advance towards the path of the 
developing countries in a sustainable manner.  
13.12.   The representative of Bangladesh  supported the LDC Group's statement . Smooth transition 
of graduating LDCs in the WTO was critically important for Bangladesh . A growing number of 
Members ha d expressed support for a formal mechanism under the auspices of the WTO. Bangladesh  
could n ot emphasize enough the need to formali ze it by MC12  and strongly support ed the LDC 
Coordinator 's request to facilitate small group consultations with delegations as a practical way 
forward and to keep th at item in the agenda of the General Council until th e issue was finally settled.  
13.13.   Bangladesh  addressed some of the questions raised by Members at the previous General 
Council meeting in December  and subsequently during a few bilateral exchanges. As highlighted by 
the LDC Coordinator, the main purpose of the draft Ministerial Decision was to establish a smooth 
transition mechanism in the WTO which provide d predictability and legal certainty. Th e mechanism 
should  apply indiscriminately to all LDCs.  
13.14.   Some Members ha d argued that the period of 12 years was too long if it c ame on top of the 
graduation proces s envisaged under the UN CDP. It should be recalled that the internationally 
recognized concept of smooth transition was coined to help graduating LDCs to cope with a gradual 
removal of international support measures after graduation and was not related to  the very process 
leading to such graduation. On top of that, it was in the interest of Members to ensure that no WT/GC/M/190  
 
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  graduating country f ell back in the LDC category as a result of the loss of international support 
measures including S&DT treatment.  
13.15.   Some Members ha d also asked the justification for the proposed 12 years as the length of 
the transition period. The LDC Group was willing to discuss th at with its partners if the proposal in 
principle and the need for a formal mechanism which w ould be applied to all LDCs after graduation 
was accepted. The outcome should  ensure predictability so that the LDCs after graduation g ot 
sufficient time to adjust their econ omies to the gradual loss of support measures. The LDC Group 
expect ed the approval of th at submission.   
13.16.   Other Members ha d noted that some graduated LDCs could  have higher development 
indicators than some of the existing developing countries.  The LDC gradua tion threshold was set at 
a higher level than the inclusion threshold . It was by definition possible that graduating LDCs ha d 
higher indicators of income, human asset or economic vulnerability than a few other developing 
countries. Th at had been  done by de sign to avoid a situation where a graduating LDC would fall back 
in the LDC category. Th at should not be argued against the graduating LDCs to benefit from a smooth 
transition. The UN notion of smooth transition was not made conditional to the graduating L DCs 
having lower development indicators than any other non -LDCs. There was no reason why it should  
be conditional in the WTO context. It would rather be seen as an encouragement for LDCs aspiring 
to graduate which was also the international community's objective.  
13.17.   Some Members ha d raised the issue of the time bound Services Waiver. The Services Waiver 
should become permanent following the model of trade preferences for goods under the GSP in the 
enabling clause. The proposed draft Ministerial Decision was crafted to call on developed and 
developing countries to grant unilateral trade preferences to LDCs and to establish procedures for 
extending and gradually phasing out their preferential market access scheme. Should the Services 
Waiver expire before the twel ve-year transition  period  for graduating LDCs, according to Paragraph 
3 of the draft Ministerial Decision, a n LDC after graduation w ould be entitled to benefit from the 
remaining period until the expiration of the Services Waiver.  
13.18.   Bangladesh  had been saying time and again that the draft decision tabled by the LDC Group 
did not  request for any new support measures . Instead , it urge d to maintain the status quo for a 
certain period of time after graduation. It would only be in line with the UN resol utions calling for 
S&DT provisions in the WTO to be extended for graduating LDCs. It would also improve predictability 
and confidence of LDCs about to leave the category.  
13.19.   It was not surprising that many LDCs were reluctant to graduate considering the poten tially 
high cost of losing support measures for LDCs at a time when the world was hit by a global pandemic. 
In that context, at the next WTO Ministerial Conference, a decision on the continuation of support 
measures for the graduated LDCs would send a stro ng signal in favour of LDCs from the entire 
multilateral trading system.  
13.20.   The LDC Group request ed the General Council to keep th at item in the agenda for its next 
meetings  and until the issue was resolved. In the meantime, the LDCs w ould engage bilaterally  with 
Members concerned. Bangladesh  also request ed the Chair's support to help facilitate informal group 
consultations towards a positive decision for th at submission as proposed.  
13.21.   The representative of Mauritius , on behalf of the African Group , fully suppo rted the 
submission by the LDC Group contained in document WT/GC/W/807 a nd the draft Ministerial 
Decision that would allow LDCs to continue with specific support measures and S&DT and flexibilities 
twelve years after graduation. The Fact Sheet on LDC Graduation in  WT/GC/W/806 provide d 
necessary information that would allow Membe rs to better understand the rationale of the draft 
decision. The draft Ministerial Decision proposed by the LDC Group provide d for a comprehensive, 
effective and smooth transition mechanism for graduating LDCs under the WTO system.  
13.22.   While m any arguments ha d been put forward , Members would  agree that the WTO ha d 
always provided exceptions for countries and had always understood that the "one size fits all" 
approach d id not apply. Th at was why LDCs ha d been given th ose flexibilities. For those that had 
moved from being lower income to middle income to upper middle income to high income with all 
of the challenges and difficulties associated with each stage of advancement and development, the WT/GC/M/190  
 
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  advancement and the graduation of LDCs would not necessarily mean that  overnight they c ould cope 
with their new situation.  
13.23.   While LDC graduation was an achievement to be celebrated, it should not become a break 
to the further development of graduating Members given their economic vulnerability but also their 
limited negotiati ng capacity. As part of the inclusivity agenda of the African Group, Members  needed 
to accompany LDCs in their development process even as they prepare d to face th ose graduation 
challenges. Unfortunately, except for the Enhanced Integrated Framework, there  were no formal 
WTO procedures to support a smooth transition for LDCs' graduation – hence the proposal at 
Ministerial level. The African Group support ed the proposal and call ed on all Members to 
constructively engage in discussions on the proposal with a view to its adoption at MC12. The African 
Group was ready to facilitate a positive conclusion on th e submission.  
13.24.   The representative of The Gambia  associate d with the statement by the LDC s and thanked  
Members for their constructive engagement on the draft d ecision and for the questions posed during 
the December meeting. The Gambia  support ed the proposal for small group consultations among 
Members with a view to finding a mutually acceptable solution on th at important issue for LDCs.  
13.25.   The representative of South Africa  associated with the statements by  the Africa n Group and  
the ACP and referred to its statement on th e issue at the December General Council meeting. The 
Marrakesh Agreement recognize d the need for positive efforts to be de signed to ensure that 
developing countries, especially the least developed among them, secure d a share in the growth in 
international trade commensurate with the needs of their economic development. South Africa  
therefore consider ed that request in that sp irit. LDCs face d significant trade and development 
challenges, more so in the context of the COVID -19 pandemic. South Africa support ed a need to 
introduce a comprehensive and effective smooth transition mechanism for graduating LDCs under 
the WTO System. South Africa  therefore support ed the LDCs ' submissions  on the matter  and looked 
forward to constructive discussions with th e hope th at it would  be concluded for a decision at MC12.  
13.26.   The representative of the United States  was continuing to review the matter and look ed 
forward to engaging with the LDC Group further on it. The United States  would appreciate receiving 
responses to the questions it had  posed at the General Council meeting in December regarding how 
the waiver would be operationalized in order to a ssist with its review.  The United States  unders tood 
that the UN Committee for Development Policy review ed the list of LDCs every three years and ma de 
recommendations on graduation from that category. In practice, the CDP could  postpone graduation 
for up to nine years when all possible extensions were fully employed. Its question was, "would the 
twelve -year period in Paragraph 1 of the draft Decision ov erlap with the nine -year graduation process 
at the UN, or would the twelve -year extension begin after the nine -year graduation process? " 
13.27.   The United States would also  like to better understand whether the LDC Group was pursuing 
changes to the graduation pro cess in the U nited Nations  that would address its goals. For example, 
the United States asked whether the LDC Group had considered seeking a longer graduation process 
in the UN, if a longer timeframe was warranted for a graduating LDC . The United States  noted that 
under the proposal, a newly graduated LDC could have similar or even higher development indicators 
than some non -LDC developing countries. However, the graduating LDC would receive more benefits 
at the WTO than the similarly -situated non -LDC devel oping countries. The United States asked 
whether  the LDC Group had considered th at scenario .  
13.28.   The United States  had also heard some comments t hat day by the proponents referring to 
maintaining th e item on the agenda. In order to avoid future confusion, the United States  referred 
to the Rules of Procedures, particularly Rule 4, that would apply in that case  and that would require 
items to be submitted in writing to the General Council prior to the date of the closure of the agenda. 
That way, all of Members  could prepare for th ose meetings in a more regular fashion. Abiding by the 
Rules of Procedure w ould be appropriate.  
13.29.   The representative of China  saw the necessity and urgency of ensuring the s ustainable 
transition of the LDCs especially amid the COVID -19 pandemic. A recent UNCTAD report indicated 
that LDCs were undergoing their worst recession in 30 years due to the pandemic. Angola's delayed 
graduation show ed that the consequences of the pandemic ha d slowed down some countries' 
prospect to graduate from the LDC category. Similarly, with their socio -economic vulnerability WT/GC/M/190  
 
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  exacerbated by the global crisis, the graduated LDCs were facing serious challenges which could  
undo years of development progress witho ut continuing support measures.  
13.30.   As a staunch supporter of the LDCs' further integration into the multilateral trading system, 
China was a top export destination market for LDCs. China currently  offered duty free access to 97% 
for goods originating from 41  LDCs. Transition periods were also provided for recently graduated 
LDCs for their continued benefit from China's DFQF scheme for LDCs. China remain ed committed to 
providing unwavering support to LDCs with the view to achieving their sustainable developmen t 
goals. The WTO should take positive action and find a feasible way to respond to the need of smooth 
transition for LDC graduation.  China  called on all Members to constructively engage in the discussion 
of the proposal towards a tangible outcome.  
13.31.   The repr esentative of Norway  was sympathetic to the concept of transitional arrangement 
for graduating LDCs. Norway noted Bangladesh's indication of willingness to discuss the number of 
years  and looked forward to engaging with the LDC Group in the coming months.  
13.32.   The representative of the Central African Republic  noted that t he LDC submissions 
highlight ed the trade and development challenges faced by graduated LDCs as well as their risk of 
falling back into the LDC category if the multilateral trading system fail ed to provide the support 
required to ensure that their progress was sustained.  While it support ed the statement, the Central 
African Republic raised two major concerns: the legal vacuum identified in the WTO's legal 
framework in relation to th at matter and the difficulties of granting the same treatment to graduated 
LDCs as that granted to LDCs.  The U N General Assembly ha d established provisions on the smooth 
transition st rategy for countries that ha d been removed from the LDC category  but th ose were not 
included in the WTO provisions. Resolving th at issue require d reforms to be made at the WTO to 
establish specific support mechanisms and arrangements for LDCs and graduated  LDCs.  
13.33.   The representative of Japan  believe d that S&DT was crucial for LDCs to participate in the 
multilateral trading system and should be granted to those Members who actually need ed it on an 
as-needed basis. Japan applie d duty-free treatment to LDCs. In addition, in its unique system, Japan  
adopt ed preferential tariff treatment to 133 developing countries and regions. Th at mean t that Japan 
did not apply MFN tariffs soon after LDC graduation but rather continue d to grant preferential tariff 
to graduated LDC Members.  Members should  recall the principles and objectives of S&DT and discuss 
the transitional measures based on the purpose and objective of the respective WTO provisions. The 
transitional measures should be designed on an as -needed basis. Japan was ready to actively 
contribute to the discussion on S&DT in response to the current changes to the world economy 
including the increasing trend in LDC graduation.  
13.34.   The representative of Jamaica , on behalf of the ACP , commend ed the approach which was 
being ta ken to promulgate the interests of LDCs within the WTO especially in light of the impact of 
the COVID -19 pandemic. Undoubtedly, LDCs still faced significant trade and development challenges 
and now more than ever there was an urgent need to ensure that the  interests and potential of LDCs 
were accommodated in WTO work especially in light of the impact of the C OVID -19 pandemic and 
other existential and emerging challenges. As a Group of developing countries and LDCs, the ACP  
could relate to the vulnerabilitie s of LDCs which the C OVID -19 pandemic ha d exacerbated.   
13.35.   LDCs had already  been grappling to be fully integrated into the global trade system and the 
pandemic could undo all the strides that would have been made over the last few years . The ACP 
Group ha d taken note of the proposal for a draft Ministerial Decision for the consideration of Members 
to respond to the UN General Assembly Resolutions 59/209 of 2004 and 67/221 of 2012 and 
introduce a comprehensive and effective smooth transition mechanism for gradua ting LDCs under 
the WTO System. The ACP support ed the LDCs ' submissions and looked forward to further productive 
engagement on the matter to support LDCs, including graduating LDCs, in their developmental 
aspirations and their efforts to integrate into the  multilateral trading system.  
13.36.   The representative of India had been a strong supporter of LDCs ' integration into the 
multilateral trading system and ha d been at the forefront of efforts to increase their share in global 
trade. India grant ed duty free access  to about 96% of the tariff lines for goods originating from LDCs 
with partial preference on another 114 tariff lines (i.e. about 2.15 % of tariff lines). India was the 
fourth biggest export destination for LDCs after the European Union , China and the Unit ed States . 
Through its dedicated Centre for WTO Studies, India help ed LDCs to better integrate into the WT/GC/M/190  
 
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  multilateral trading system  through various technical assistance and capacity building initiatives.  As 
the submissions note d, LDCs suffer ed from various capacity constraints and economic vulnerabilities. 
Members  had seen the impact of th ose vulnerabilities during the pandemic. India support ed the 
granting of a  reasonable period of time as transition period for ensuring a smooth transition for  
graduating LDCs under the WTO system  and request ed Members to favourably consider th e proposal.  
13.37.   The representative of the Philippines  said that, w hile it had not join ed the WTO as an LDC, 
it had had a fair amount of experience in facing the end of various  transition periods and other 
entitlements reserved only for developing countries in very specific situations such as Article XVIII 
of GATT 1994 and Article 28 of the Subsidies Agreement. The Philippines therefore unders tood vividly 
and appreciate d the aim  of the Ministerial Decision proposed by the LDC Group. There w ould be a 
negotiation process if Members would seriously address the proposal and in time for MC12. The 
Philippines call ed on all Members to manifest utmost understanding for the LDCs' situatio n especially 
those  poised to graduate from that status. A smooth transition c ould take the form of an extension 
period  or other forms such as  building on existing preferential market access. The Philippines 
welcome d the proposal of the LDC Group and congra tulate d the LDC Members that had grown, 
competed and succeeded, and who were currently  on the verge of leaving their LDC status.  
13.38.   The representative of Nigeria  support ed the LDC proposal  and associate d with the 
statement s by the African Group and the ACP.  
13.39.   The representative of Cambodia  associate d with the statement by the LDC s. In the past 
years, only six LDCs ha d graduated from the LDC status. Since the United Nations  had devised the 
LDC category in 1971, only six ha d graduated given that a lot of the LDCs could not satisfy two of 
the three criteria and some had been  reluctant to graduate as the y wanted to make su re that after 
graduating from LDC status, they would be strong and be able to stand by themselves. They d id not 
want to fall back to LDC status. Cambodia  support ed graduated LDCs to get an extension of all the 
relevant support measures provided in the mult ilateral trading system for LDCs. The extension of 
LDC-specific support measures should cover technical assistance and all LDC -specific S&DT 
provisions in the WTO Agreements. Cambodia  urged Members to constructively engage by joining  
in the small group con sultation s mentioned by the LDC Coordinator. Cambodia  thank ed Members  
that had support ed the proposal and provid ed preferences. Adopting the proposal at MC12 would 
ensure that graduated LDC s would not fail – encourag ing other  LDCs to graduate from th at status. 
13.40.   The representative of Vanuatu , on behalf of the Pacific Group , support ed the smooth 
transition of graduating LDCs a nd the statement by the ACP. Apart from the loss of trade preference 
and aid for trade support, Pacific LDCs face d ongoing challenges from climate change and frequent 
and severe natural disaster s that undermine d their development efforts. One disaster c ould wipe off 
a significant proportion of GDP and productive and trade capacit y such as  in 2015 when Vanuatu 
had incurred a loss of over 60% of GDP due to Cyclone Pam. The draft decision w ould provide greater 
certainty and predictability for LD Cs by continu ing market access and aid for trade support for 
12 years. Th ose would  facilitate the ir smooth and successful transition and better integrat ion into 
the multilateral trading system.  The Pacific Group  encourage d Members to support the draft decision.  
13.41.   The represe ntative of Chad, on behalf of the LDCs , thank ed Members who ha d spoken for 
their flexibility and for their support on the proposal. The LDCs  had carefully noted what ha d been 
said as well as the questions that ha d been posed . The LDC Group  was open to further discuss the 
matter  with Members  including by conducting consultations to  address the concerns and provide 
explanations. The LDC  Minister s had stressed at MC11 the need for the WTO to establish special 
measures for graduated LDCs . Members  had a clear remit from the LDC  Ministers and the LDCs 
would  move along that track so that Members would  come up with a solution. The LDC Group was 
willing to pursue discussions until Members  could reach  an agreed solution.  
13.42.   The Chairman  thank ed Members for t he discussion t hat day. As noted in the course of the 
discussion , he recalled that  if there was a desire to add that or any other item on the agenda of 
future  General Council meetings, the  procedure  was clearly laid out in Rule 4  of the Rules of 
Procedure . In noting the LDCs' request to add that item again , he drew Members' attention  to Rule 
4. He also took note of the LDCs' request for the Chair to facilitate consultations on th e issue and 
would look into that  accordingly.  
13.43.   The General Council took note  of the statements.  WT/GC/M/190  
 
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  14  REVIEW OF WTO ACTIVITIES – REPORT OF THE WORKING GROUP ON TRADE, DEBT 
AND FINANCE (WT/WGTDF/19)  
14.1.   The Chairman  recalled  that, in December, Members had  taken up the Annual Reports of WTO 
Bodies which ha d been p repared in line with the Decision concerning Procedures for an Annual 
Overview of WTO Activities and for Reporting under the WTO (WT/L/105). As he had  said at that 
meeting, the Working Group on Trade, Debt and Finance would submit its report at a later dat e, and 
that report was currently  before the General Council in document WT/WGTDF/19. Unless any 
delegation wishe d to speak, he propose d that, in line with the relevant procedures, the General 
Council takes note of th e report.  
14.2.   The representative of India said that t he deliberations of the Working Group and its Report 
had clearly established the significant impact of COVID -19 on the availability of trade finance and 
its disproportionate impact on the Micro, Small and Medium Enterprises, particularly in develo ping 
countries and LDCs.  Those were unusual times and they warrant ed unconventional and innovative 
mechanisms from the policy makers to tide over th at crisis being faced in the area of  trade finance. 
The growing gap between demand and supply of trade finance ha d particularly affected MSMEs and 
businesses in developing countries with adverse implications for jobs and incomes.  It could  seriously 
impede the ability of trade to support post  COVID -19 economic recovery. The WTO, which had the  
responsibility to contribute to the efforts to revive the global economy through global trade need ed 
to play an active role together with other international organizations for the revival of the complex 
links and networks involved in the trade finance market to keep finance flowing for trade.  
14.3.   In that regard, India had noted with interest the joint statement issued by the Heads of the 
WTO and six multilateral development banks in July 2020 promising to addr ess shortages in trade 
finance so that financial market stresse s arising from the COVID -19 crisis d id not prevent otherwise  
viable trade transactions including for essential goods such as food, drugs and medical equipment. 
India was keen to learn how the j oint statement ha d contributed to the WTO's work on th at important 
issue.  India noted the call made by DDG Alan Wol ff at the G -20 Summit in 2020  on the need for the 
G-20 to make efforts to secure trillions of dollars in trade finance for developing countri es to ensure 
the global economy recover ed from the COVID -19 pandemic. Similarly, India was  encouraged by 
the interest shown by Dr. Ngozi to focus on th e issue. Given her background in development 
economics and experience in multilateral financial instituti ons, she c ould make a difference on th at 
matter. I ndia reiterate d that the WTO need ed to focus on th e issue more than ever and look ed 
forward to more engagements and efforts at the WTO in the coming months.  
14.4.   The representative of Côte d'Ivoire  support ed the statements by the ACP and the African 
Group under various items. On the Working Group on Trade, Debt and Finance, looking at the two 
meetings held in July and November 2020, Members should pay particular  attention  to the challenges 
faced by M SMEs. The situation ha d been exacerbated by COVID -19. Côte d'Ivoire, on the basis of 
Paragraph 36 of the Ministerial Declaration of 20 November 2001, believe d that Members  needed to 
consider document WT/WGTDF/W/98 regarding access to finance. Th at had been  made available to 
the Working Group. Th at invite d the Working Group to explore tangible solutions which could be 
established to help developing and LDC Members to get access to trade particularly the MSMEs as 
well as in the area of agriculture which accou nted for a bulk of their exports and imports.  
14.5.   Access to finance ha d always been a major obstacle to growth for MSMEs. It ha d also affected 
agricultural cooperatives in developing and least developed countries. Sub Saharan Africa ha d the 
highest number of MSMEs. There was a real deficit in funding in Sub Saharan Africa. The finance 
gap for the 44 million MSMEs in Sub Saharan Africa had been  estimated at USD 31 billion in 2018. 
A number of financial institutions including the African Development Bank, the Is lamic Development 
Bank and the International Chamber of Commerce ha d carried out a survey in the second half of 
2020 considering funding of trade in Africa. The results show ed that there had been  a deficit of 
billions of USD annually. The availability of f unding ha d gotten worse due to COVID -19. Members  
had seen that the pandemic ha d exacerbated an already difficult situation faced by MSMEs.  
14.6.   There were a number of enterprises that ha d been seriously affected by COVID -19. There ha d 
been a major drop in inco me because of the drop in trade – and the normal sources of liquidity ha d 
dried up. There ha d been a number of companies that ha d not been able to get loans or they ha d 
been asked to provide unreasonable collateral for such loans. The health crisis due to COVID -19 ha d 
shown the major difficulties faced by MSMEs and it was important to look again at how MSMEs c ould WT/GC/M/190  
 
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  get funding particularly when there was cross -border traffic. Sometimes, it could  be difficult to link 
different payment networks particularly wh en there was cross -border digital payments.  
14.7.   WT/WGTDF/W/98 of December 2020 talk ed about the problems of access which should be 
addressed  so that MSMEs c ould participate in international trade through ready access to trade 
finance. Members should  also come up with proposals to ensure that  MSMEs c ould get access to 
trade finance during and after the pandemic – which was particularly important for LDCs. Côte 
d'Ivoire asked that the Secretariat and all Members to provide technical assistance in th at area and 
to organize the necessary workshops so that they could have an exchange on international initiatives 
on trade finance for the benefit of MSMEs. Côte d'Ivoire would provide more detail on th e matter 
during the next session of the Working Group.  
14.8.   The representative of Tanzania  said that  COVID -19 ha d devastated economies around the 
world, affecting all enterprises irrespective of their size and origin. Regarding th e submission 
contained in document WT/WGTDF/W/98,  Tanzania  was still examining its implication. It had always 
been sceptical  to the proposals relating to MSMEs  due to the  lack of  common understanding and 
definition on the term . The criteria for categorizat ion of MSMEs from one Member to another differ ed 
and was contingent to the size of the respective economy. It was the responsibility of each Member 
to have policies which accord ed MSMEs special treatment to nurture their growth, a practice that 
had existed for decades. Tanzania however encourage d the proponents of special treatment for 
MSMEs to participate in the Committee on Trade and Development where S&DT provisions were 
being discussed for developing countries.  
14.9.   The representative of Morocco  noted that t he current economic crisis in several low and middle 
income countries caused by the COVID -19 pandemic need ed a quick and effective response by 
reducing debt pressure and reforming debt's international architecture. Morocco call ed on the 
internation al community to show solidarity in supporting national recovery strategies. Members  
needed a sense of multilateralism and responsibility which c ould nourish the WTO actions through 
concrete and results -oriented initiatives. The adoption of a common framewo rk for the restructuring 
of African public debt was a step in the right direction. However, a more ambitious and 
comprehensive approach was, now  more than ever , necessary in order not to jeopardi ze the 
considerable efforts on African countries. The tempora ry debt moratorium, emergency financing, 
debt restructuring and debt cancellation should be part of the set of tools available to States, 
international institutions and the private sector to quickly address debt issues. The final objective 
should  be to cre ate budgetary room allowing the investments required to meet the most urgent 
needs of people and businesses especially MSMEs.  
14.10.   The Director -General  strongly support ed the statements by India, Côte d'Ivoire and Morocco 
on th at subject. It was one that d id not come up for the kind of attention that it deserve d at the 
WTO. COVID -19 ha d highlighted the importance of th e issue and the need to pay additional attention 
to it. As she had  said earlier, whereas the richer countries ha d been able to implement fiscal st imulus 
of up to 21% of GDP, emerging markets ha d done 6% and poor countries 3%. That show ed the gap. 
The lack of fiscal space by many developing countries ha d resulted in liquidity for the organized 
private sector in many countries and  an insolvency crisis  for th ose private enterprises and for MSMEs 
in those countries. There was absolutely no way they c ould integrate into the multilateral trading 
system absent finance to help smoothen the activities.  
14.11.   The work of th e Working Group was very important.  The issue of debt was also linked as 
had been  mentioned by Morocco. Perhaps, at another occasion, Members  would need to delve a bit 
more into th at topic and how to come up with concrete remedies. Th at was a very specific issue that 
had specific responses . While being cautious not to distract  the other issues Members  had to deliver, 
they could take up that topic in  cooperation with some of the other multilateral financial institutions 
as had been  mentioned to improve the situation  in LDCs and other developing countries . That could  
be a very good addition to the things that th e organization c ould accomplish in the near future.  
14.12.   The representative of the United States  placed on record that Members were confused about 
what was h appening. Th at had been an item on an  Annual Report from a Working Group that ha d 
already been discussed  and that  was the second item on th e agenda that was meant to take note of 
an Annual Report but where they ended up spending an hour discussing on substance. If Members 
wanted to discuss a certain issue at the General Council then they should put it on the agenda. It 
was really unfairly  prejudiced the way th at had unfolded. Going forward , Members should  be a little 
bit more respectful about the items that appear ed on the agenda . If they had something to say, WT/GC/M/190  
 
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  then they should request an item to be added. T hat was more appropriate. He asked what the point 
was of having the Working Group if Members wer e going to debate on the same topic at the General 
Council.  It was prejudicial to those  that participate d in the Working Group to use the  item on the  
Annual Report  that way. 
14.13.   The General Council took note  of the Report of the Working Group on Trade, Debt and 
Finance in document WT/WGTDF/19 and of the statements.  
15  APPOINTMEN T OF OFFICERS TO WTO BODIES  
15.1.   The Chairman  recalled that i n accordance with the Guidelines for Appointment of Officers to 
WTO Bodies approved by the General Council in 2002 (WT/L/510), and the related practical steps 
to improve their implementation (JOB/GC/2 2) he had conducted consultations on a slate of names 
for the appointment of Chairpersons to WTO regular bodies listed in Groups 1, 2, 4 and 5 in the 
Annex to the Guidelines. He had been assisted by the Chair of the Dispute Settlement Body, 
Ambassador Dacio C astillo, and the former General Council Chair, Ambassador Sunanta 
Kangvalkulkij , and he took the opportunity to thank them both for their valuable assistance.  
15.2.   At the General Coun cil meeting in December, he had  noted that, in line with the practical 
steps he had just mentioned, they would be meeting first with the coordinators of the four broad 
groups, namely: (i) developed countries; (ii) Latin America and the Caribbean (GRULAC); (iii) African 
Group  and (iv) Asian Group of developing Members. He had encouraged the four group coordinators 
to already begin their process of internal consultations at that point so that they could present names 
in early January. He had also urged all de legations to work with group coordinators with a 
constructive spirit and  had recalled that the guidelines stipulated that the process of appointment of 
Chairs "is a routine annual housekeeping function whose purpose is to ensure that the organization 
continues to be able to handle its business in a smooth and seamless way. " 
15.3.   They had  met with the coordinators first on 11 January, and his understanding was that they 
had engaged accordingly within their respective groups with a view to submitting candidates fo r the 
various positions. On 22 January, he had  sent a communication to all delegations informing them 
that consultations with the group coordinators had been  on-going and that they would subsequently 
be providing a period in which they would be available t o meet with any interested delegations. They 
had met with the Group Coordinators at regular intervals over a period of some five weeks to assess 
progress. On 12 February, he had  sent another communication inviting any interested delegation to 
come and cons ult with them, and two delegations had come forward to do so.  
15.4.   He express ed appreciation for the cooperation that they had received from the group 
coordinators during th e process  and noted that some delegations ha d asked questions with respect 
to the criter ia for rotation of Chairs and had raised concerns with some aspects of the process, 
including with respect to the applicability of the guidelines in the consultations within the various 
groups. Th ose concerns ha d been well noted and merit ed further reflect ion and consideration for 
future processes.  
15.5.   The process had included an informal General Council meeting which had been  held on 
24 February. At that point, he had  presented a slate of Chairs for the bodies in Group 1, that was 
the General Council, the Dispute Settlement Body and the Trade Policy Review Body. For the bodies 
in Groups 2, 4 and 5, he had  noted that they had a single candidate for most of them but that  he 
had been informed very recently of another nomination for a competing candidate for the TRIPS 
Council.  He had  indicated that he would engage with group coordinators ahead of th at meeting with 
a view to finding a solution. Since then, he had been  advise d of the withdrawal of the candidature.  
He had then sent a communication on 26 February informing all Members that  they would be in a 
position to present a full slate at th at meeting which he had  attached to the communication  
15.6.   He sincerely thank ed again the  group coordinators and all delegations for working together 
with a constructive spirit. Th at positive attitude was much appreciated and ha d allowed them to be 
in a position t hat day to present a full slate for the consideration of the General Council.  WT/GC/M/190  
 
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  15.7.   The full slate of names for the WTO regular bodies in Groups 1, 2, 4 and 5 resulting from the 
consultations read as followed:  
General Council  
 H.E. Mr. Dacio Castillo  (Honduras)  
Dispute Settlement Body  
 H.E. M r. Didier Chambovey  (Switzerland)  
Trade Policy Review Body  
 H.E. Dr. Athaliah Lesiba Molokomme  (Botswana)  
Council for Trade in Goods  
 H.E. Mr. Lundeg Purevsuren  (Mongolia)  
Council for Trade in Services  
 H.E. Mr. Ángel Villalobos Rodríguez (Mexico) 
Council for TRIPS  
 H.E. Mr. Dagfinn Sørli (Norway)  
Committee on Trade and Development  
 H.E. Dr. Muhammad Mujtaba Piracha  (Pakistan)  
Committee on Balance -of-Payments 
Restrictions  H.E. Mr. Dmitry Lyakishev  (Russian Federation)  
Committee on Budget, Finance and 
Administration  H.E. Dr.  Bettina Waldmann  (Germany)  
Committee on Trade and Environment  
 H.E. Mr. Manuel A.J. Teehankee (Philippines)  
Committee on Regional Trade Agreements  
 H.E. Dr. Cleopa Kilonzo Mailu (Kenya)  
Working Group on Trade, Debt and Finance  
 H.E. Ms. Cheryl K. Spencer  (Jamaica)  
Working Group on Trade and Transfer of 
Technology  
 
 H.E. Mrs. Le Thi Tuyet Mai (Viet Nam)  
15.8.   Appointments for th ose bodies w ould be for one year and they w ould be made formally by 
the WTO bodies concerned at their subsequent meetings th at year. 
15.9.   With th ose words, he invite d the General Council to take note of his statement and of the 
consensus on the slate of names for the appointment of officers in the WTO bodie s that he had 
mentioned.  
15.10.   The General Council so agreed . 
15.11.   The Chairman  recall ed at that point that a subsequent process of consultations w ould be 
conducted by the outgoing Chai rs of the Council for Trade in Goods and the Council for Trade in 
Services to sele ct Chairs for the bodies established under their respective Councils. He invite d 
Ambassador A nzén (Sweden), the Chair of the Goods Council to take the floor, followed by 
Ambassador T an (Singapore), the Chair of the Services Council.  
15.12.   Ambassador Mikael Anzé n (Sweden), Chairman of the Council for Trade in Goods , inform ed 
Members that he would begin consultations for the appointment of Chairpersons of the fourteen 
subsidiary bodies of the Council for Trade in Goods  in accordance with the 2002 General Council 
Guidelines for the Appointment of Officers to WTO Bodies found in document WT/L/510. As the Chair 
had earlier underlined for the tier 1 nominations, th ose Guidelines specif ied that Members should 
regard th e exerc ise as an annual routine and "housekeeping function". Th at wa s indispensable for 
the WTO to be able to continue handling its business in a smooth and seamless way. He therefore 
count ed on the cooperation of the whole Membership in th at regard.  WT/GC/M/190  
 
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  15.13.   As suggested  in document JOB/GC/22, he would  begin by consulting with group coordinators 
followed by other interested Members. To th at end, later t hat day, he would  send an e -mail to Heads 
of Delegations indicating his availability to begin consultations with group co ordinators from 8 March. 
To ensure the transparency, efficiency and a balance required by th e exercise, he would  work in 
coordination with the outgoing Chai r of the Council for Trade in Services.  It was also his intention to 
propose and agree on a balanced  slate of names at the next meeting of the Council for Trade in 
Goods which w ould take place on  31 March. He hoped that th at would give sufficient time to present 
an appropriate and balanced slate of names for the election of Chairs to CTG subsidiary bodie s at 
that meeting.  
15.14.   Ambassador Tan Hung Seng (Singapore) , Chairman of the Council for Trade in Services , 
recalled that i n accordance with the Guidelines for the Appointment of Officers to WTO Bodies 
adopted by the General Council in December 2002 (WT/L/510) , he would  be starting his 
consultations for the appointment of Chairpersons to the subsidiary bodies of the Council for Trade 
in Services. He would  be consulting with a view to arriving at a proposed slate of names of 
Chairpersons for 2021 that enjoy ed the wide support of the Membership. In order to ensure the 
balance of the slate, as mentioned in the Guidelines, he would  be coordinating with the Cha ir of the 
Goods Council and w ould make sufficient time available to meet with Members.  
15.15.   The representative of India congratulate d colleagues appointed as Chair of various bodies 
and wish ed them all success in th at crucial year when they were working on reco very from the 
pandemic and preparing for MC12. India also acknowledge d the opportunity it had  received to 
engage and consult with all concerned on th at important matter  and thanked the Chair  for taking 
note of its suggestions which had been  given during the consultation process.  
15.16.   India notice d that the conventional practice of rotation of Chairs to WTO bodies was not 
being followed diligently and its analysis reveal ed that a transparent system of rotation among the 
four groups ha d been lacking across the WT O bodies. In fact, some Members were not even part of 
any of the groups and therefore were not able to participate in th e process constructively.  
15.17.   While the system of rotation implie d that the Chairmanship rotate d sequentially among the 
four groups, India did not understand the basis why the rotation ha d been designed to be sequencing 
between the three developing countr y groups vis -à-vis one developed country group alternately. 
With th at practice, the developed countries had the opportunity to chair a WTO Bo dy every alternate 
year, whereas other regional groups w ould have to wait for six years for their turn . By no measure 
such a practice was fair and balanced or it was one more form of "reverse special and differential 
treatment " taken up by developed Members.  
15.18.   Despite the best efforts made by all parties, the process remain ed non-transparent and 
opaque. Often the process was left to the respective regional coordinators to decide whom they 
underst ood would  have to follow their own approach in the absence of a harmonized practice or a 
basic framework. Th at often create d confusion among Members and they should do everything to 
avoid distrust in a place where trust already ha d a heavy prime.  
15.19.   Experience show ed that in Geneva , most things happen ed by precedence or practice. Th at 
could  be working fine for those who were part of the "Geneva Club" for many years. But for  
newcomers who ha d not been part of th e club before, it was hard to understand the basis for many 
practices and some of them def ied logic. Time ha d come for Members  to reflect on th ose practices 
especially the process of selection of Chairs of WTO bodies so that the process bec ame transparent. 
Senior delegates who ha d been providing leadership for many years could  wish to lead th e process. 
For the sake of transparency, I ndia hoped Members  could start the work soon towards that end.  
15.20.   The General Council took note  of the statements.  
16  OTHER BUSINESS  
16.1  Use of Interprefy Platform – Statement by Morocco  
16.1.   The representative of Morocco, speaking under "Other Business" , commend ed the tireless 
work made by the Secretariat since the beginning of the COVID -19 pandemic outbreak and extend ed 
special thanks to the technical team behind the Interprefy platform. Morocco thank ed them for WT/GC/M/190  
 
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  making their meetings possible virtually and giving the Membership an opportunity to continue its 
work during th ose challenging times. Nevertheless, Morocco look ed forward to an update of the 
Interprefy platform as soon as possible in order to support the streaming of recorded statements of 
Ambassadors and capital -based officials. Th e request was based on several reasons.  
16.2.   Like many other delegations, Morocco face d serious problems with the overlapping meeting 
programmes of different or ganizations in Geneva which reduce d the participation of such delegations 
in important meetings and events. The practice of streaming recorded statements was of successful 
use in other organizations in Geneva. The streaming of recorded statements help ed to overcome the 
time differences and g ave delegations the opportunity to participate in various meetings and to 
deliver precise and concise statements in full respect of the limits of the period of intervention 
allocated to each delegation. For all th ose rea sons, Morocco  called upon the Chair to encourage the 
Secretariat on behalf of all Members that such measures be planned for the next meetings.  
16.3.   The General Council took note  of the statement.  
16.2  Statement by the Chairman in connection with Administrative Measu res for 
Members in arrears  
16.4.   The Chair man, speaking under "Other Business ", noted that the revised Administrative 
Measures for Members in arrears 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 should provide 
information with regard to which Members and Observers were under Administrative Measures.  
16.5.   Ambassador Manuel Teehankee (Philippines), Chairman of the Committee on Budget, Finance 
and Administra tion, was pleased to report on the administrative measures applicable to Members 
and Observers with Arrears in contributions and pursuant to procedures in place since March 2013. 
In accordance with the decision of the General Council, he should  state all M embers and Observers 
under all categories of administrative measures. He also note d that th e item  was usually the last 
item of the General Council meeting and ideally it should be the last item on the agenda before 
"Other Business". He would begin by readi ng out the list of Members and Observers subject ed to 
measures of Category III as of 4 March 2021. Currently 10 Members were subject to Category III 
measures. Th ose Members were also subject to Category I and Category II measures. They were 
Antigua and Bar buda; Burundi; Central African Republic; Chad; Congo; Democratic Republic of 
Congo; Guinea -Bissau; Senegal; Sierra Leone and Bolivarian Republic of Venezuela. In addition the 
following three Observers were subject to measures of Category III: Libya (Observ er); São Tomé 
and Príncipe  (Observer) and Somalia (Observer). He would then read out the list of Members and 
Observers subject ed to measures of Category II. Those same Members were also subject ed to 
Category I measures. There were two Members – Cuba and Guinea, and one Observer – Syrian Arab 
Republic (Observer), under th at category. Further to Annex B of the Financial Regulations of 2015 
in document WT/L/156/Rev.3 , Members and Observers that he had listed as being subject to 
measures of Category III and C ategory II were also subject to the following Category I measures. 
The following 13 Members were currently subject to Category I measures only: Argentina; Belize; 
Plurinational State of Bolivia; Chile; Côte d'Ivoire; Djibouti; Gabon; Indonesia; Mauritania;  Papua 
New Guinea; Suriname; Togo and Yemen. In addition, the following 5 Observers were currently 
subject to measures of Category I only: Comoros (Observer); Iran (Observer); Iraq (Observer); 
Lebanese Republic (Observer) and Sudan (Observer). With regard to that matter, the Committee on 
Budget, Finance and Administration ma de the following recommendation to the General Council: 
"The Committee invites the General Council to urge Members and Observers under Administrative 
Measures to liquidate their arrears. " 
16.6.   The Chairman said that he was required at each Council meeting to request Members and 
Observers in Categories II and III of the Measures to inform the Secretariat as to when their payment 
of arrears could be expected.  
16.7.   The General  Council took note  of the statements . 
17  ELECTION OF CHAIRPERSON  
17.1.   The Chairman  said that, b efore mov ing to the election of the new Chairperson, in the tradition 
of his predecessors, he would like to say a few final words.  He was  not going to attempt to reflect WT/GC/M/190  
 
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  on the last 12 months – at least not t hat day. He did want to offer a few brief words of thanks first 
to his wife Fredericka for her unfailing inspiration, support and forbearance  – only required even 
more so over th at period. 
17.2.   He also thanked the Secretariat without whom and their numerous contributions that 
happen ed unseen every  day, what they did as Members there simply would not be possible.  To 
mention specifically , he thanked  Victor do Prado, Stefania Bernabe, Susan Conn  and Samantha 
Morgan in the C TNC Division along with the rest of the team over th ose past two years and indeed 
also Bozena Mueller -Holyst  and John Adank and his team through 2019 and an extended period into 
2020. He extended appreciation to DDG Agah, DDG B rauner, DDG Wolf f and D DG Yi – particularly 
for their wisdom, commitment and leadership in navigating the WTO through th at extended and 
unique 'interim arrangement' period they had experienced . He also thanked t he interpreters, 
technicians and logistics pe rsonnel for their innovation and commitment which ha d enabled them to 
continue to have functioning working meetings in Geneva through th e pandemic period.  
17.3.   He was also grateful to the Members for the trust they had  placed in him to undertake th e 
role on their behalf and for  their cooperation and support throughout. It ha d been an honour and a 
privilege to serve as them as  General Council Chair.  It was time  to focus on the road ahead. Normally 
at that point th at year, Members would have been in the early stages of their search for a new 
Director -General.  In fact t hat day, in th e Ministerial Conference year, they already ha d their new 
Director -General in office and she was there with Members  in Geneva as they looked to respond to 
and deal with the challenges of 2021 and to engage in their preparation of the substantive agenda 
for the Ministerial Conference.  
17.4.   It was now up to Members to make the most of th at opportunity  in 2021  – together with the 
new leadership that Direc tor-General Ngozi brought – to deliver the meaningful outcomes required 
and chart the way ahead for the WTO to play its full role in contributing to recovery from the 
pandemic and to sustainable economic development and prosperity going forward.  In other w ords, 
Members should  seize the opportunity to ensure the WTO remain ed at the heart of the robust, 
responsive, sustainable and enforceable rules -based multilateral trading system that, ultimately, 
they all need ed. 
17.5.   He then propose d to move to  the election of  the new Chairperson. On the basis of the 
understandings that ha d been reached on the appointment of officers to WTO bodies, he propose d 
that the General Council elect ed by acclamation H.E. Ambassador Dacio  Castillo (Honduras) as the 
next Chairperson of th at body.  
17.6.   The General Council so agreed . 
17.7.   The Director -General  said that it felt right that one of her first tasks as Director -General was 
to pay tribute to Ambassador Walker's  work at the helm of the Genera l Council. Watching him 
handover  the Chairmanship had totally earned her respect. He had shown that he was not afraid to 
show his emotion s. And his emotion s, regarding what it t ook to run the General Council as well as 
the toll it ha d taken on him, show ed him that the WTO was an organization worthy of love and 
respect. For that she wished she could say she took off her hat to him but she could not so instead  
she took off of her scarf to him. She also wish ed she could give him a hug but she would  instead 
give him a greeting . She said,  "you, Ambassador Walker,  are special".  
17.8.   Amid the unprecedented disruptions of a global pandemic, Ambassador Walker  had done an 
exceptional job in steering the General Council. Whether consulting with Members and chair ing 
meetings in person or virtually, he had  kept things running smoothly.  He had overs een the DG 
Appointment Process under exceptional circumstances and he had conducted it in a fair and steady 
manner.  As a DG candidate, there had been  times when she had  asked herself what was the General 
Council Chair doing in th at peculiar process  – an unprecedented process that she had never seen  
before . But at the end of the day she had to admit that the Troika with him at its head had tried its 
utmost to do the best it  could in very challenging circumstances. And that was why she had what 
she called "strategic patience" and she planned to register those words to him. He had  played an 
instrumental role in enabling Members to eventually reach consensus – as it had turned out, he had  
gotten Members to do something historic. They had elected the first woman  and the first African  to 
serve as Director -General.  But more importantly  to her, and she kept saying th at, she thought  they 
had elected someone with the heart, the professionalism and the passion to turn th e place around.  WT/GC/M/190  
 
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  She deeply appreciate d the objectivity, professionalism  and patience she had  brought to facilitating 
the election process.  
17.9.   She unders tood that when he had  assumed office a year ago, he had  reminded Members of 
their common goals of using trade to contribute to enhanced employment, incomes, prosperity and 
sustainable development. He had  spoke n of the need to red ouble their efforts and work together to 
achieve th ose goals. Members could not have imagined at the time how true his words would prove. 
Within weeks of his appointment, the COVID -19 pandemic had plunged the global economy into a 
deep downturn, undoing ye ars of progress on poverty reduction. Now, t rade ha d a critical role to 
play both in tackling the pandemic and in restoring economies to sustained growth.  
17.10.   Apart from his accomplishments as G eneral Council Chair, he had  also done commendable 
work as DSB Chair, Facilitator of the "Walker Process" and as Permanent Representative of New 
Zealand. In all of his efforts, he had  placed the welfare of the multilateral trading system at the 
heart  of his work. So he thank ed him for his remarkable and historic contributions to the WTO.  As 
Members  looked to MC12 and beyond, she trusted they could  continue to count on his unwavering 
support and consensus -building skills to help bridge divergences, build trust, and reach substantial  
outcomes for the benefit of all. So if he had  thought he could escape so easily, the answer was no – 
he could not. She, for one, w ould certainly count on his support and wisdom as he took up his duties 
as Director -General. In line with WTO tradition, she had present ed Ambassador Walker  with an 
engraved gavel as a memento of his time as Chairman of the General Council.  
17.11.   The newly -elected Chairman  said that i t was a great honour to be appointed as the Chairman 
of the General Council. He thank ed all Members for the confidence and trust they placed in him as 
he assume d that important role. He thank ed the Honduran people and government, GRULAC and 
the members of his team in his mission in Geneva and in capital for their support. Being the Chairman 
of the General Council was a calling in itself. It demand ed a lot from those who perform ed that 
function which was exemplified by Ambassador Walker. From COVID -19 to an unprecedented D G 
Selection  Process  where they had  worked closely, he commend ed him for his contributions as Chair.  
17.12.   He commit ted and promise d to all Members to work with dedication, to perform the duties 
attached to th at important post of the Chairman of the General Coun cil. He thank ed the Director -
General for her warm words of welcome and he was delighted to have the privilege of working with 
her as they were that day – starting their respective roles together. In th at challenging period from 
seeking ways for the WTO to contribute and to address COVID -19, to prepare for MC12 and reform 
in the WTO, he promise d to remain by her side. She could  count on him every step of the way.  
17.13.   With everything that was going on around the world, it was their task to make the WTO do 
its par t. Members  were all equally responsible to their people and it was their duty as their 
representatives to the WTO to make th e organization work for them. He deeply believe d that if all 
Members work ed together to achieve and overcome their objectives,  they would succe ed. Together 
with Dr. Ngozi, they would assist  Members to rise up to the challenges and reach their goals.  
17.14.   Members  had just agreed on a new date for MC12. He intend ed to spare no efforts to ensure 
that MC12 was a success and that it shape d the organization's future work and role in global 
economic governance. Th at would require the commitment, political will and the active involvement 
of all Members. He was committed to lead and serve the Membership the best way that he could. 
He would  be counting on their support and looking forward to work with all of them. 
17.15.   The representative of Mauritius , on behalf of the African Group , thank ed Ambassador Walker 
for all the work he ha d done for the Membe rship th e past year. From afar, the African Group  had 
admired his professionalism, patience, integrity and honesty in dealing with issues. His ha d not been 
an easy task. His ha d been an exceptional tenure. He had delved with the challenge of COVID -19 
and had overs een the complete change in the manner in which the WTO work ed. Under his tenure, 
a new chapter of history of the WTO had been  written as they had appointed the first woman 
Director -General of the WTO. He had even managed to give them a date and venue for MC12 before  
leaving . The African Group  would remember him for a long time. If he had  been African, she would 
have said to him that he would be reme mbered as an elder. But she was  sure the African Group  
could count on him as a wise man and as an elder for the WTO. He also  congratulate d Ambassador 
Castillo  on his assumption of office. The African Group  knew that Members  were in very able hands 
and she assure d him that the African Group w ould stand by him through out his term . WT/GC/M/190  
 
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  17.16.   The representative of Thailand  thanked  Ambassador  Walker for his able leadership, integrity 
and professionalism during his Chairmanship which had helped ensure stability and continued 
functioning of the WTO during a critical and challenging juncture. She still remember ed that it had 
been exactly  one year that she had  handed over the Chairmanship to Ambassador Walker and she 
could sense how he felt a t that moment as he had fulfilled his job as General Council Chair. She 
commend ed him. He had done a very good job and , as a colleague, she was very honoured to have 
had the chance to work with him. Thailand also  congratulate d Ambassador Castillo  on his 
appointment as the General Council Chair and reassure d him of Thailand's  full support. She trusted 
that his guidance w ould play a vital role in delivering success at MC12 t hat year.  
17.17.   The representative of the Kingdom of Saudi Arabia  congratulate d Ambassador C astillo and 
assure d him of  the support of Saudi Arabia in his upcoming role.  In paying tribute to Ambassador 
Walker, Saudi Arabia said that the  organization w ould remain grateful for his wisdom, neutrality and 
remarkable leadership leading the General Coun cil at a crucial time. His inspiration and wisdom 
would continue to guide Members  towards a successful MC12 under the new leadership of the 
Director -General hand in hand with Ambassador Castillo and under the  Presidency  of Kazakhstan.  
17.18.   The representative of India commend ed the outgoing Chair , Ambassador David Walker , for 
his exemplary work in the General Council  during one of the most difficult years for the organization 
in recent times. The COVID -19 pandemic and the premature departure of the previous D irector -
General  had added significant strain to his work as Chair. But he had shown through his work and 
deft management that no challenge was insurmountable. His leadership ha d been truly inspirational 
and educative to younger colleagues.  India particular ly appreciat ed him for his successful steering 
of the organization through the challenging DG Selection Process and when Members could not agree 
on an Acting D irector -General . Dr. Ngozi could  have the patent on the phrase "strategic patien ce" 
but he had  certainly taught Members  how to practice it. He had  not allow ed those constraints to 
impact the work of the organization and the Members hip would always be grateful to him for that.  
India sincerely thank ed him for his service to the General Council.  India also welcomed  the incoming 
Chair, Ambassador Dacio  Castillo and  wished him the very best for his successful tenure during a 
year when MC12 was likely. India looked forward to a successful MC12 under his leadership  and 
would  work with him constructively to make his tenure and WTO work during the year a success.  
17.19.   The representative of Jamaica , on behalf of GRULAC , congratulate d Ambassador Castillo  on 
his appointment as Chair of the General Council  – especially him being a  GRULAC Ambassador. He 
posses sed a wealth of experience in and knowledge of WTO issues and, as a result, GRULAC was 
confident that he would be able to serve in that post with excellence. Ambassador Castillo c ould 
count on GRULAC 's support during his tenure . On behalf of the ACP , she congratulate d Ambassador 
Castillo on his assumption as Chair of the General Council. The ACP  believe d that he had the requisite 
experience and mettle to pilot Members  for the next year including to the upcoming M C12. The ACP  
assure d him  of its full support.  On behalf of GRULAC and the ACP , she also thank ed Ambassador 
Walker for his very hard work and commend ed him on his management of the affairs of the Council 
over th e past year  – one of the most challenging in WTO history. During his tenure along with the 
Troika , he had  ably presided over the appointment of a new Director -General.  
17.20.   The representative of Sri Lanka  took the floor  to appreciate two good gentlemen: one 
outgoing and one incoming. Sri Lanka  appreciate d the services rendered by Ambassador Walker to 
the institution as the outgoing Chair. She had  had many interactions with him particular ly on cricket 
because they share d that traditional sport s activity. She had the impression that he h ad been a very 
active, commendable cricket player during his younger days  – as he had been  practicing what he  
had learned during th at period: patience, desire to work long hours , endurance and empathy. Those 
were qualities that he ha d inherited as a cricket player.  She had felt his emotions t hat day very 
dearly because she knew that the  pandemic ha d taken a toll on the  personal lives of Ambassadors 
and delegates. Sri Lanka commend ed his remarkable services to th e institution especially  as they 
were sailing on rough weather  in the lead up to  MC12 – the date of which he had even managed to 
provide.  There had been ups and downs. The Membership ha d experienced many turbulent times . 
But he had been the pillar of strength  to all of them. Sri Lanka  wished him all the very best  but still 
wanted him in the institution to continue guiding  Members  with his wisdom and experience. In 
congratulating Ambassador Castillo, she noted that she  had known him for almost twenty years. She 
was pleased that he was taking over th at important position coming from another small developing 
country. She wished him  all the very best  and assure d him of Sri Lanka's full support and cooperation 
as he conducted his  role as Chair of the General Council.  WT/GC/M/190  
 
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  17.21.   The representative of Peru thank ed Ambassador Walker for the excellent work that he ha d 
done when he ha d chaired the General Council during th at very difficult period for the organization 
and for the world. Th at was  also probably the most difficult  period in WTO history . Peru thanked  
New Zealand for its generosity in having given the WTO  its Ambassador for a year to lead 164 
Members. He had always been there when Members needed him.  Peru also  congratulate d the 
incoming  Chair. Ambassador Castillo was going to represent all Members as he took on the task of  
preparing for MC12 and ensuring  that the WTO remain ed operational . As the Director -General had 
noted, he would have the  responsibility to work with Members and other i nternational organizations 
to come up with responses to the major challenges that they currently  faced in the multilateral 
trading system especially given  the effects of COVID -19 so that they could facilitate rapid economic 
recovery. Th at was particularly needed for the most affected countries which include d a lot from 
Latin America, Africa and Asia. Peru was confident that he w ould be able to steer the General Council 
in such a way that it w ould be able to take up th ose challenges – and that between then and 
December, Members  would be able to sketch a path allowing them to arrive at MC12 prepared and 
poised for success. The work that he w ould do and the real push that he w ould give to th e 
organization w ould mean that MC12 w ould give Members  the results that  they so much need ed. 
17.22.   The representative of Singapore  congratulate d Ambassador Castillo on his appointment as 
the new Chair of the General Council. Singapore was  confident that he would steer the General 
Council with skill and wisdom as the WTO confront ed the challenges ahead and in the run up to 
MC12. He also put on record Singapore's  appreciation to Ambassador Walker for the adroit manner 
in which he had discharged his responsibilities as Chair of the General Council – especially in the 
face of the challe nges brought about by the COVID -19 pandemic. Throughout th at period of 
unprecedented challenges, Ambassador Walker had  displayed wisdom and impartiality especially in 
the DG Selection Process . Above all, he  had demonstrated a deep passion for the WTO. Singapore 
echoed Ambassador Walker 's heartfelt plea that , as they move d ahead with the new Director -General 
and the new General Council Chair, it was up to them as Members to ensure that the WTO remain ed 
relevant and ready to respond to the challenges of the post pandemic global recovery and the fourth 
industrial revolution. He suggest ed that the General Council install ed a roll of honour to recognize 
the contributions of all the past Chairs of the Genera l Council. It was a small but meaningful gesture 
to acknowledge their hard work, their sacrifices and their contributions.  
17.23.   The representative of Pakistan  welcome d Ambassador Dacio  Castillo  to that honourable 
position and look ed forward to working with him. Pakistan then thank ed Ambassador  Walker for his 
stewardship and stellar contribution to the system during his tenure a s Chair  of the General Council . 
He had presided over many important events and had steered the ship in difficult times especially 
during the absence of a D irector -General . Throughout th at time, Members had  found Ambassador 
Walker to have played a fair and judicious role in fulfilling his responsibilities and , among  other 
things, for having a very keen ear. He ha d set high standards of right eousness and integrity at the 
WTO. Pakistan  placed on record its deep appreciation for Ambassador Walker and his work as Chair 
of the General Council  and hoped to continue to gain from his wisdom.  
17.24.   The representative of Chad, on behalf of the LDCs , had had the genuine pleasure of working  
with Ambassador Walker on the challenges facing the WTO. He was an excellent listener and ha d 
demonstrated wisdom  and patience . His deep respect for multilateral ism and the WTO, his  diplomacy 
and all his other great  skills ha d made it possible for him to be a successful General Council Chair. 
He had made it possible for the WTO to achieve good results  as evidenced by the successful 
conclusion of the DG Selection P rocess. The LDC Group commended Ambassador Walker for  the 
immense work that he had  done and was  grateful for his  significant  contributions  during his term. 
As ha d been said by the Director -General, Members  needed his expertise, experience and skills. The 
LDCs wished him all the best in his future endeavours. The LDC Group  also congratulate d the 
incoming Chair , Ambassador Castillo, and w ished him all success in th at task. He could  count on the 
support of the LDC Group so that he could  carry out his task which c ame at a very important time 
in the life of the WTO – including the holding of MC12. As Ambassador Walker had said, it was 
incumbent on all Members  to do the very best they could to make the most of th at opportunity under 
the leadership of the  new Director -General to make sure that the WTO remain ed at the heart of the 
multilateral trading system – a system which was reactive, robust and responsive to all . 
17.25.   The representative of Guatemala , on behalf of El Salvador , Guatemala , Honduras , Panama  
and the Dominican R epublic , associate d with the statement by GRULAC  and thank ed Ambassador 
Walker for his tireless efforts and his excellent work done during  a very difficult period  as the world 
had to cope with the pandemic. They w elcome d the new Director -General and wish ed her every WT/GC/M/190  
 
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  success in her new position . They  likewise congratulated the incoming Chair, Ambassador Castillo,  
and pledge d their support  as he performed his new duties in the General Council . His appointment 
was a significant one  for SVEs and for Latin Ameri can countries. He was the first Chair of the General 
Council in the WTO to come from th e SVEs  Group. Given that he was extremely competent to handle 
all of the challenges the WTO was facing th at year, they knew that he had  a tough road ahead 
particularly in the lead up to MC12 and in reform ing the organization  in order to adapt trade to the 
21st century. Together with the Director -General, they were confident that he would rise to th ose 
challenges . They had previously raised several concerns in various area s of WTO work and knew 
that those would be addressed by both of them. They  therefore pledge d their support and  good will 
to both the new Director -General and the new General Council Chair.  
17.26.   The representative of Cambodia  congratulate d Ambassador Castillo on his appointment as 
the Chair of the General Council  and believe d in his able leadership to steer the General Council to 
achieve outcome s especially at MC12. Cambodia extend ed its sincere thanks and appreciation to 
Ambassador Walker for his effort s and leadership. Cambodia  commend ed his excellent work – in 
particular by facilitating the DG Selection Process and the Appointment of WTO Chairs in a 
transparent and inclusive manner. Cambodia  likewise thank ed all outgoing Chairs for all th eir efforts 
and wish ed incoming ones all the best as they assume d they respective roles. 
17.27.   The representative of Barbados  congratulate d Ambassador Castillo on the assumption of his 
role as the Chair of the General Council. Barbados was pleased to work with him and kn ew that his 
vast experience and skills in the multilateral trading system w ould lead Members  even further and 
Barbados  pledge d its continued support in the road ahead. Barbados  also pa id a special tribute to 
Ambassador Walker for his tenure in the Chair. Th at wa s not an ordinary statement that he was 
making as it was being delivered in one of the most unprecedented times in the WTO. It was one 
where it should  be said that Ambassador Walke r in the toughest of times ha d been the rock and the 
anchor of th at great organization. During his time as the DSB Chair, the Walker -led process had 
given Members  a glimpse to his genius on the road ahead that he w ould lead them all through. It 
was therefo re no coincidence that during the historic moment in the advent of the 25th anniversary 
of the organization where the WTO  was facing  the worst pandemic of a generation , the departure of 
a Director -General  and the election of a new one, while preparing for a Ministerial  Conference,  that 
Ambassador Walker had been  at the helm. He had provided clarity, leadership, flexibility, patience, 
creativity and openness. It had however  been during the DG Selection Process that his true mettle 
and grit had been  seen at i ts best. He ha d proven without question that he was one built upon the 
principles of integrity and uncompromisingly so regardless of the circumstance s and the pressures 
brought to bear. And Members now  had the new Director -General. Th at for him was what he would 
always remember about Ambassador Walker's tenure. If there ever had been  a "Spirit of the WTO 
Award" it would certainly have to be named after Ambassador Walker. Record s should  reflect that 
Ambassador David Walker of New Zealand had been  the archite ct and titan who had led Members 
through the WTO's transition year. Barbados  commit ted to ensuring that history pa id true homage 
to his great contribution s starting with a public piece in the media of Barbados and further afield.  
17.28.   The representative of Botswana  congratulate d Ambassador Castillo on his appointment as 
Chair of the General Council and pledge d its full support during his tenure. Botswana  also 
congratulate d Dr. Ngozi Okonjo -Iweala on her appointment as Director -General and pledge d its 
support to advancing the work of the WTO under her leadership. But th at moment was about the 
outgoing Chair, Ambassador Walker. Botswana paid t ribute to him for his efforts and stewardship of 
the General Council during what ha d been a truly challenging year. Faced with an unprecedented 
COVID -19 pandemic, he had  overs een the DG Selection Process  in a fair, transparent and calm 
manner that she could  personally vouch for during her coordination of the African Group in 2020. 
She also express ed gratitude to all Members for the confidence they ha d placed in her to take up 
the role of Chair of the  Trade Policy Review Body – something  she would not take for granted . 
17.29.   The representative of Cameroon  congratulated Ambassador Castillo  for his appointment as 
Chair of the General Council. Cameroon was convinced that his wisdom w ould guide Members  
towards a successful MC12. He had shown a sense of honesty and professionalism.  Cameroon  had 
no doubt that his skills w ould be helpful. It was likewise  important that Cameroon  express ed its deep 
appreciation for the outgoing Chair, Ambassador Walker. Over the last twelve months, Members  had 
experienced difficult times yet Ambassador Walker ha d shown professionalism and commitment to 
the organization . He had navigated them through troubled waters  and had  done so successfully  as 
they moved forward together. Cameroon therefore thanked him  for all his hard work  and was  certain 
that his wi sdom w ould continue to guide  the organization  in the years to come upon meeting new WT/GC/M/190  
 
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  challenges. Cameroon  also assure d Ambassador Castillo of its  support as he fulfilled his  mandate as  
General Council Chai r and had full confidence that all of his efforts in conducting his new  role w ould 
be crowned with success.  
17.30.   The representative of Honduras  joined others in welcoming Dr. Ngozi Okonjo -Iweala to th e 
WTO and her wished her the best. Honduras st ood ready to work with her. Honduras also express ed 
its deep gratitude to Ambassador Walker. His hard work and impeccable leadership and dedication 
as General Council Chair during the past year had led Members  to safe harbour during one of the 
most challenging moments for th e organization. Honduras congratulate d Ambassador Castillo on 
being appointed as Chair of the General Council. It was of great pride that Honduras, his country,  
saw him tak e on th at mandate. Honduras  wished him  every success in meeting the objectives set 
for th e year. He could count  on the unconditional support of Honduras . 
17.31.   The representative of Bangladesh  congratulat ed Ambassador Castillo  for assuming the 
Chairmanship of the General Council. Knowing his brilliant career and proven leadership  quality  as 
the Permanent Representative of Honduras, Bangladesh was certain  that he would  do a great job 
and deliver the best for th e General Council  particularly in a year when the Ministerial Conference 
was just around the corner . Bangladesh also placed on record its  deep appreciation for the outgoing 
Chair, Amb assador  Walker. He ha d done an excellent job and had steered the General Council at a 
trying time for humanity due to the devastating pandemic. He particularly admire d him for the role 
he had played in the DG Selection Process . It had not been easy, but, as others ha d said, his wisdom, 
patience, professionalism and integrity had helped Members  through th at arduous process.  Being 
relatively new in the WTO , he had not ha d the opportunity to talk about cricket with him unlike his 
Sri Lankan colleague . But he hoped that  he would have that chance one day. Bangladesh also 
congratulate d all elected offi ce bearers of various bodies  and wished them full success in their 
respective responsibilities. Bangladesh  assure d them of its full cooperation.  
17.32.   The representative of China  congratulated Ambassador Castillo  for assuming office as the 
new General Council Chair. He was not facing an easy year ahead. China  hoped Members  could 
complete as many tasks as  possible under his capable leadership. He could count on China's full 
support in th at regard. China thanked  Ambassador Walker. He had led the General Council through 
the most difficult times of the multilateral trading system which deserve d the great applause of the 
entire Membership. The emotional remarks he had made had impressed Members  a lot. Likewise, 
the historical contributions he had made w ould be remembered by all. It had not been an easy year 
but he had shown quite a sense of duty with a lot of work involving so much of his efforts. China 
thanked him for his  tireless, professional and impartial work in the past year such as the appr opriate 
arrangement of meetings under the pandemic, the consultations for MC12 date and venue and most 
importantly the DG Selection Process. He had put the  Chair's hat more than his New Zealand's hat 
and had served the best interest of the entire Membership.  His great efforts had strengthened 
Members'  confidence in the WTO and had enhanced their firm belief in multilateralism . 
17.33.   The representative of Nigeria  congratulate d Ambassador Castillo on his appointment as the 
new Chair of the General Council . Nigeria wished him all the best and assure d him of its support. In 
paying tribute to Ambassador Walker,  Nigeria said that he was a great man. He had made a lot of 
sacrifices by devoting his time and energy in contributing immensely to the development and 
working of the WTO and by extension to the multilateral trading system. Every Member ha d 
witnessed his great performance, dedication, leadership and patience. He had exemplified  hard work  
and integrity and he had facilitated in putting the institution back  on track with a leader.  Nigeria  
wished him all the best and  congratulate d all the  newly  elected office holders.  
17.34.   The representative of the Philippines  expressed its  profound appreciation to Dr. David 
Walker, the outgoing Chair. It was a double privilege and honour for him to be able to collaborate 
with Ambassador Walker  through two mandates at the WTO. He recall ed his expertise and 
professionalism as Chair of the CoA SS back in 2009. More recently , he had helped Members  with 
the Walke r Process as DSB Chair. The work of that process was going to help guide them in resolving 
the issues on the Appellate Body. He echoed his  colleagues' appreciation for his shepherding the 
Membership during th at crucial year of the pandemic and the DG Selec tion Process. The Philippines  
looked forward to his continuing guidance as a senior adviser and to his  well-deserved relaxation 
after a gruelling year as  Chair. The Philippines also  congratulat ed Ambassador Castillo for being the 
new Chair. With his most s enior position at the WTO with the longest service as Ambassador , the 
Philippines  looked forward to his continuing guidance and leadership in th at very crucial year towards 
MC12. The Philippines  again welcome d Dr. Ngozi and trust ed that together with the G eneral Council WT/GC/M/190  
 
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  Chair, the Director -General w ould exercise her cautious, prudent leadership to lead Members  to a 
successful MC12.  
17.35.   The representative of South Africa  congratulate d Ambassador Castillo  on the assumption of 
his new responsibility. South Africa  would work constructively with him as Members  prepare d for 
MC12. South Africa also congratulate d Ambassador Walker for a sterling job in steering th at ship 
under turbulent waters. South Africa appreciate d his efforts and t he manner he had  dealt with very 
challenging issues in very challenging times. South Africa said, "w ell played innings " and thanked 
him for his  dedication and hard work. South Africa also  congratulate d all the office bearers for 2021.  
17.36.   The representative of  Chinese Taipei  echoed other colleagues  in thanking Ambassador 
Walker for his professionalism, patience and great contribution in the past year as  Chair. All Members 
would agree and ha d witnessed what the Director -General and other colleagues ha d just ment ioned 
that he had had remarkable and historical achievements in the WTO during the most challenging  
period caused by the pandemic.  Chinese Taipei also c ongratulate d the new Chair, Ambassador 
Castillo.  Chinese Taipei  looked forward to his leadership and guidance in the coming year and w ould 
be ready to support his work and to cooperate with him in the coming year.  
17.37.   The representative of Turkey  congratulate d Ambassador Castillo  and reassured him of 
Turkey's full support . Turkey was  looking f orward to working closely with him. Turkey also thanked 
Ambassador Walker for his outstanding leadership, integrity and wisdom in leading the General 
Council during the most critical period of the WTO. His professionalism and determination had helped 
Membe rs to overcome several challenges. His dedicated service, determination and current 
perspective  had inspired the entire Membership. He applaud ed that with all his heart. The 
Membership and th e organization w ould be in his debt. 
17.38.   The representative of Malays ia express ed its sincere appreciation to Ambassador Walker for 
his leadership and professionalism as the Chair of the General Council. 2020 had been  a challenging 
year for all. Malaysia  appreciat ed him for his hard work and contributions to the multilateral trading 
system. Malaysia also conveyed to the new Chair, Ambassador Castillo, its  full support in particular 
in the work leading up to MC12. A lot of work need ed to be done to ensure success at MC12, to find  
the appropriate landing zone and common understanding.  
17.39.   The representative of Canada  said that Ambassador Walker had already heard him express 
Canada's thanks to him in a more private setting. But he repeat ed it in a more concise way  by saying 
"well done " and by thank ing him  for his  excellent guidance during a very challenging time. Likewise , 
Canada  could n ot be more pleased and proud er to see  Ambassador Castillo  on the Chair. He could 
count on Canada's support as  he performed his new duties. Canada looked forward to his leadership 
and guidance in 2021 . 
17.40.   The representative of Nepal  congratulate d Ambassador Castillo  for assuming his new role as 
the Chai r of the General Council in an important period where Members  had to conclude MC12 with 
some tangible outcomes. Nepal  wished him all the best for a successful tenure. He could count on 
Nepal's full support. Nepal also extend ed sincere gratitude to Ambassador Walker for the immense 
role he had played during the most chal lenging period ever – 2020 – handling the critical situation 
with diverse views of the Membership and facilitating the DG Selection Process, among others, had 
not been easy. But he had  concluded them in a successful manner and had finally set a date and 
venue for MC12. The WTO Family w ould remember him for his great contributions.  
17.41.   The representative of Oman  congratulated Ambassador Castillo  and wish ed him every 
success . He could  count on the full support of Oman. Oman also expressed its deep  appreciation to  
Ambassador Walker and thank ed him for his tireless efforts during a very difficult and challenging 
time. His wisdom, patience, professionalism and dedication w ould always be remembered.  
17.42.   Ambassador David Walker (New Zealand), outgoing  Chairman of the General Council , 
congratulat ed Ambassador Castillo  again and look ed forward to working with him. He also thanked 
the Director -General for the very kind words and for the gavel which he would always treasure. He 
extended his gratitude to all Members for their very kind words. They were much appreciated. As 
many of them had noted, it ha d been a time of great personal tragedy for colleagues and also for 
far too many of their people and that continue d. As they were there t hat day and moving for ward, WT/GC/M/190  
 
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  he called on Members to really seize th at opportunity, th at moment, to work with their new 
leadership in all their honour.  
17.43.   The newly -elected Chairman  thank ed all delegations for their kind words including those 
from Ambassador Walker. He hoped that he was going to be able to fill the shoes  he had left behind.  
17.44.   The General Council took note  of the statements.  
_______________  
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  ANNEX 1  
STATEMENT BY DR. NGOZI OKONJO -IWEALA DURING HER FIRST MEETING OF THE 
GENERAL COUNCIL AS WTO DIRECTOR -GENERAL  
 
Excellencies, Ladies & Gentlemen, Good morning.  
 
I am delighted to be with you in Geneva even if circumstances do not yet permit all of us to meet in 
the same room. Let me at the outset express my gratitude to our Chair, Ambassador Walke r, 
incoming Chair Dacio Castillo and Ambassador Aspelund for their hard work and persistence in 
getting me here.  
 
As I take office as DG, I want to thank you Members once more for the kind wishes and support 
many of you expressed two weeks ago when you mad e history by electing me. The large number of 
delegations (91 in all) that spoke is unprecedented and speaks to the desire of all for a fresh start.  
 
Let me specially thank the four DDGs Messrs. Yonov Agah, Mr Karl Bruner, Mr Alan Wolff, and Mr Yi 
Xiaozhun  for ably holding the fort since September. I know this was not easy. Let me also thank the 
management and staff of the Secretariat for their warm welcome, their enthusiasm and desire to 
see things done differently.  
 
I remain honoured and humbled by the co nfidence Members have placed in me. I will bring all my 
knowledge, passion, experience and persistence to the task at hand, reforming the organization and 
achieving results.  
 
I am conscious that expectations are high and shall do my utmost to move us forward. However, 
this is a membership driven organization so I cannot do it without you, I cannot do it without the 
cooperation of staff and management. What we are involved in is  a tripartite partnership. Each 
partner has to play its part if we are to get results. High expectations of my leadership also means 
that I have high expectations of you to help me deliver.  
 
I have said it. It cannot be business as usual. We have to change  our approach from debate and 
rounds of questions to delivering results. Excellencies, many of you put in long hours and a great 
deal of effort to do good work much of which goes unnoticed. There are excellent people in the 
capitals doing good work. We hav e talented staff in the Secretariat. But the world is no longer 
cognizant of this, does not recognize the effort because we are not delivering results at the pace 
required by our fast -changing environment. Last week at the TNC, several Ambassadors said tha t 
You Excellencies talk past each other. You don 't talk to each other. This approach has to  change. 
We have to be more accountable to the people we came here to serve — the ordinary women and 
men, our children who hope that our work here to support the MTS, will result in meaningful change 
in their lives, will improve their standard of living, a nd create decent jobs for those who seek work.  
 
Excellencies, coming from the outside I have noticed that the world is leaving the WTO behind. 
Leaders and decision makers are impatient for change. Several Trade Ministers said to me that if 
things don 't change, they will no longer attend the Ministerial because it is a waste of their time. I 
have noticed that more and more of the work and decision making that should be undertaken at the 
WTO is being done elsewhere because there is an increasing loss of confi dence in the ability of the 
WTO to produce results. But there is hope. If we all accept that we can no longer do business as 
usual, that will help us create the parameters for success.  
 
A few days ago, I listened carefully over a 6 -hour time period to all 56 statements of delegations at 
the TNC and I analysed  the priorities that were repeatedly being put forward. They were virtually 
identical to the priorities I set out in my acceptance speech two weeks ago. Delegations want the 
WTO to contribute more meani ngfully and faster to a resolution of the COVID -19 pandemic both the 
public health crisis as well as economic recovery. Delegations want the Fisheries Subsidies 
negotiations concluded . They want Reform of the Dispute Settlement System including Restoration  
of the Appellate Body. They want action on Agriculture, on market access, Domestic Support, 
existing mandates such as PSH, SSM and Cotton. They also want action on industrial subsidies to 
SOEs and SDT. Without neglecting the questions raised on the legal status of JSIs, delegations want 
forward movement on JSIs especially e -commerce, Services Domestic Regulation, Investment 
Facilitation, and MSMEs. There is a desire to enhance dialogue and action on women in trade. WT/GC/M/190  
 
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  Delegations recognize that the issue of T rade and Environment/Climate Change is key and want 
forward movement on this. Least developed countries emphasized issues of specific interest to LDCs 
that would lead to enhancing their growth and development including the need for Special and 
Differential  Treatment, Services Waiver, Preferential Rules of Origin etc. and also review of issues 
related to graduation. Small and Vulnerable Economies (SVEs) emphasized the need for attention to 
their vulnerability and special status. Virtually every delegation me ntioned the urgency and 
importance of MC12 and all actions were to be concluded at or by MC12 in December. MC12 gives 
us a timeline but I want to caution against loading too many expectations into MC12. We want a 
recipe for success not failure. Therefore, we must work hard to complete a few deliverables before 
MC12 so that Ministers can focus on ratifying agreements and agreeing best methods for 
implementation. In this regard, we need to prioritize action on COVID -19 both for the immediate 
and longer term a nd focus on completing Fisheries Subsidies negotiations before the middle of the 
year. We must agree the road map for reform of the Dispute Settlement System and prepare a work 
program to achieve this which can be endorsed at MC12. On Agriculture, let us i dentify a few things 
we can deliver such as PSH, SSM, Cotton, and the WFP Humanitarian waiver which is material to 
our Pacific Island economies as we heard a few days ago. We must put forward a subsidies work 
program both on domestic support and industrial  subsidies which can be agreed on at MC12. We 
must sharpen our approach to SDT bearing in mind how crucial this is to the policy space of Least 
Developed Countries in particular. For the rest, let us review the work on e -commerce, investment 
facilitation, Services Domestic Regulation, MSMEs, Women in Trade, and Trade and Climate to see 
what aspects of these important work programs we can advance at MC12. So in short, I am 
suggesting three or four clear deliverables finalized before MC12 and work programs fo r the rest to 
be agreed at MC12.  
 
Permit me Ladies and Gentlemen to spend just a little time on COVID -19. We have a demand for a 
TRIPS waiver by a growing number of developing countries and the dialogue is intensifying. Whilst 
this is happening, I propose that we "walk and chew gum " by also focusing on the immediate needs 
of dozens of poor countries that have yet to vaccinate a single person. People are dying in poor 
countries. We just had our first COVAX shipment to Ghana last week and others will follow b ut it will 
not be enough. There is serious supply scarcity and some countries are out bidding COVAX and 
diverting supplies. The world has a normal capacity of production of 3.5billion doses of vaccines and 
we now seek to manufacture 10billion doses. This i s just very difficult, so we must focus on working 
with companies to open up and license more viable manufacturing sites now in emerging markets 
and developing countries. We must get them to work with us on knowhow and technology transfer 
now. There will s oon be a world manufacturing convention where we can seek to build this 
partnership. I also hope we can initiate a dialogue and information exchange between us and 
representatives of manufacturers associations from developing and developed countries. 
Excellencies, this should happen soon so we can save lives. As I said at the beginning, this will be 
an interim solution whilst we continue the dialogue on the TRIPS waiver.  
 
Excellencies, Ladies and Gentlemen, forgive me for taking so much of your time but we have 
absolutely not a moment to lose because time is short. To kick this delivery approach off, I propose 
to meet with you individually and in groups starting this week. I want to listen, brainstorm, map out 
how I can assist to get us the deliverables outl ined above. My office should be contacting you soon 
if they have not already done so. Let me conclude again by saying Thank You and Look Forward to 
working with you.  
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  ANNEX 2  
STATEMENT BY DEPUTY DIRECTOR -GENERAL ALAN WOLFF  – CHAIRING THE M EETING 
AND REPRESENTING ALL DEPUTY DIRECTORS -GENERAL AND REPORTS BY THE CHAIRS 
OF THE  NEGOTIATING GROUPS AT THE INFORMAL TNC AND INFORMAL HODS MEETINGS  
HELD ON 25 FEBRUARY  20216 
_______________  
 
 
STATEMENT BY DEPUTY DIRECTOR -GENERAL ALAN WOLFF - CHAIRING THE MEETING 
AND REPRESENTING ALL DEPUTY DIRECTORS -GENERAL  
 
 
Good morning.  Welcome to the first informal TNC and informal HoDs meetings of 2021 -- a 
year which will we trust be brighter for the world and specifically for the WTO.   
 
 Today's meeting is an opportunity to take stock of what has been accomplished while interim 
arrangements were in place, and to update each other on activities in recent months.  I recall that 
at the special General Council meeting of 15 February, Members extended the interim arr angements 
through 28 February.  This meeting is also an opportunity – ahead of Monday's General Council – to 
discuss ways forward.  
 
Our plan is as follows,  
 
• First to give a brief introduction to herald the beginning of a new era for the WTO under 
the leadership of a new Director -General.  
 
• Second to call upon the negotiating chairs who have reports to give to speak.   
 
• Third, to give a brief report on Secretariat and Members' activities  during the last six 
months, the interim period since the previous D irector -General left office, and  
 
• then to open the floor for delegations' statements.   
 
The Ngozi Okonjo -Iweala Era  
 
 The landmark event of the last six months was the appointment of the new Director -General 
ten days ago after what turned out to be a leng thy process.  91 Member delegations spoke last week , 
at the special General Council,  to congratulate the new Director -General.  The DDGs and the 
Secretariat join you in welcoming Dr Okonjo -Iweala 's appointment with great enthusiasm.  
 
 Of course, Member enth usiasm, optimism and hope need to be translated into concrete action.   
 
 There is much that needs to be done at this critical juncture for the WTO.  World trade must 
contribute to a more effective pandemic response as well as a strong and sustainable econom ic 
recovery. Climate issues are demanding more urgent attention.  WTO reform is overdue, having been 
called for repeatedly by you, by ministers and by many heads of government.   
  
 The challenges are many but so are the opportunities.  Dr. Ngozi's remarks at  the Special 
General Council meeting last Monday, subsequently circulated to delegations in document 
JOB/GC/250, presented a worthy and ambitious agenda for the Members of this organization:  
  
What did she say?  
 
• To act with a sense of urgency to assist in controlling the COVID -19 pandemic through 
the nexus of trade and public health:  
 
First, by playing a more forceful role in exercising the WTO's monitoring function. Part 
of this would involve encouraging Members to minimise or remove export restr ictions 
 
6 Also issued as JOB/TNC/90.  WT/GC/M/190  
 
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  that hinder supply chains for medical goods and equipment. WTO monitoring suggests 
that as of yesterday, 59 Members and 7 observers still had pandemic -related export 
restrictions or licensing requirements in place, mostly for personal protective 
equipment, disinfectants and to a lesser extent, for medicines and food.  This represents 
a significant level of rollback compared to the 81 Members and 10 observers that had 
implemented such measures over the past year. A welcome development - but there is 
much room to improve this record.  
  
• And second, by broadening access to new vaccines, therapeutics, and diagnostics by 
facilitating technology transfer within the framework of multilateral rules.  
 
Beyond these immediate responses to the pandemic, Dr Ngozi  set out a number of other, also vitally 
important, challenges:  
 
• To swiftly conclude the fisheries subsidies negotiations, and thus pass a key test of the 
WTO's multilateral credibility while contributing to the sustainability of the world 's 
oceans.  
 
• To build on the new energy in the multilateral trading system from the joint statement 
initiatives attracting greater support and interest, including from developing countries.  
 
• To address more broadly the nexus between trade and climate change, using tra de to 
create a green and circular economy, to reactivate and broaden negotiations on 
environmental goods and services, to take the initiative to address the issue of carbon 
border adjustments as they may affect trade.  
 
• To level the playing field in agri cultural trade though improving market access and 
dealing with trade distorting domestic support, exempting from export restrictions 
World Food Programme humanitarian purchases.  
 
• To strengthen disciplines on industrial subsidies, including support for st ate-owned 
enterprises.   
 
• To defuse the divisions over Special and Differential Treatment (SDT).  
 
• And to develop a work programme for restoring two -tier dispute resolution, to be agreed 
no later than MC12.  
 
 I sense from my discussions with Members that  you chose this leader, Ngozi Okonjo -Iweala, 
because she has shown herself during her career to be fearless in the face of daunting challenges – 
and is experienced in knowing how to work with others to make progress toward solutions.   
 
 Each of the challenges the WTO faces, I am sure, can be met and overcome.  Echoing Dr. 
Ngozi's words, the trading system that we inherited, now only three -quarters of a century old, is 
about people.  This is inscribed in the opening section of the Marrakech agreement: " to raise living 
standards, ensure full employment, increase incomes, expand the production of and trade in goods 
and services, and seek the optimal use of the world's resources in accordance with the objective of 
sustainable development."  
 
 I wish to take note of the thanks many of you expressed to the 4 Deputy Directors -General in 
your statements welcoming Dr. Ngozi at last week 's meeting.  We take that always as words of thanks 
for the Secretariat as a whole, our Directors and their professional and admini strative staff, who 
bring great experience and talent to the tasks that lie ahead, as well as to the DGO members whom 
we asked to continue to serve during this period.  I also recognize the General Council chair, 
Ambassador David Walker, who has during thes e past six months always been available to the four 
DDGs, even during the intensive DG selection process.   
 
 Bringing these opening remarks to a close, we turn to the reports of  the Chairs of Negotiating 
Bodies  who wish to speak at this meeting .  
 
 At our December meeting, Members said they were looking to a rapid start in 2021.  
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   It is therefore not surprising that since January, there has been a high level of activity across 
different strands of Members' work.   
 
 In preparing for today's meetings, and in  accordance with consultations with the GC Chair, 
my colleagues and I held a virtual meeting of Negotiating Group Chairs on Tuesday – the 23rd of 
February.  
 
 A number of Chairs informed us that they had resumed work in various configurations. Some 
highlig hted their plans for the months ahead, including with the new TNC Chair and in light of MC12.  
 
 The Chairs whose groups have seen developments since January will now report to you.  
 
• The first on my list is, not surprisingly, Ambassador Santiago Wills (Colombia) – 
Negotiating Group on Rules. Ambassador Wills, you have the floor.  
 
• Ambassador Gloria Abraham Peralta (Costa Rica) – Special Session of the Committee 
on Agriculture;  
 
• Ambassador Kadra Ahmed Hassan  (Djibouti) – Special Session of the Committe e on 
Trade and Development.  
 
• Ambassador  Alfredo Suescum  (Panama) – Special Session for the Council for TRIPS.  
 
Thank you all for your reports and for your tireless efforts in assisting Members to advance their 
work. What is clear from each of your reports is that we need more substantive engagement from 
Members - less repetition of long -held views, and more willingness to find ways forward.  
 
Secretariat activities  
 
 I will now provide a few highlights of Secretariat activities during the past few months.   
 
 In these unusual times, faced with the pandemic, the first responsibility of the Secretariat was 
to safeguard the health of Members and Secretariat staff while keeping the WTO and its functions 
running.  To our knowledge, there have been no o n-site transmissions of COVID -19 for which we are 
very thankful . Staff presence in the WTO buildings has been kept to a minimum following the 
guidelines of the Swiss authorities.   
 
  There have nevertheless been some serious illnesses among Missions and th e Secretariat.  
Loved ones have been lost.  I wish to convey our heartfelt condolences to all who have lost a relative, 
a friend, or a colleague.   
 
 Due to the current health precautions, there are now no in -person WTO meetings. Only a few 
took place, in con sultation with the Swiss authorities, that is, during the last half of 2020 and so far 
this year up to and including this meeting.  The lack of in -person meetings has not meant that 
activities ceased.  On the contrary, the Secretariat and Members moved into a higher gear:  
 
• Intensive monitoring continued to keep members up to date on trade measures, both 
trade -restrictive and trade -facilitating.  
 
• Nearly two dozen information notes have been circulated since last April, downloaded 
in total over 300,000 times.  Ranked by the those down -loaded most often, were:  
 
– E-commerce, trade and the COVID -19 pandemic ; 
 
– Trade in Medical Goods in the Context of Tackling COVID -19; 
 
– Export prohibitions and restrictions; and  
 
– Trade in Services in the context of the pandemic  
 
The most recent note, issued in December, is entitled Developing and delivering COVID -19 vaccines 
around the world: An information note about issues with trade impact.  WT/GC/M/190  
 
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 With the information provided from monitoring and information notes, Members were in a 
position to make better -informed decisions.  
 
 During the six -month interim period, through mid -February, Members held 417 meetings.  
These included meetings of the General Council, the Dispute Settlement Body, the Trade Policy 
Review Body, and the Council s for Trade in Goods, TRIPS and Trade in Services, other WTO 
committees, the Joint Statement Initiatives and 106 meetings of dispute settlement panels.  In short, 
Members were highly active.  
 
 Trade Policy Reviews were held for Zimbabwe; Thailand; Indonesia ; Macao, China; India; 
Nicaragua; and Myanmar.  
 
 A flagship annual market access study was produced to track developments in LDC trade 
during the pandemic.  Studies were prepared on the utilization of trade preferences by LDCs.   
 
 Despite there being no in -person training and technical assistance, the WTO's Institute for 
Training and Technical Assistance held 20 national activities, 12 regional and one global activity.  
This does not count the technical assistance of many of the other WTO divisions.  
 
 Interns hip and young professional programs continued.  
 
 During the interim period, each month there were an average of 38 meetings of dispute 
settlement panels and arbitrations  – that's each month.  There was no slackening of activities among 
the panels in dispute  settlement - with four new cases brought, three new panels composed and five 
panel reports issued.  Virtual meetings of panels had up to 60 participants when third parties were 
present.  
  
 The TBT Committee received 1800 notifications, with Members discuss ing 160 specific trade 
concerns.  The e -agenda platform allowed an intensification of work, and the number of ePing 
subscribers crossed 13,000.  Training events on standards continued across all regions.   
 
 Over the last 6 months, there has been considerable  engagement by Members on trade and 
environment issues.  A high -level event co -hosted by the WTO and UNEP had 282 participants on 
Zoom, and received over 6,600 views with much public engagement, including across WTO social 
media channels.  Two new Member -led initiatives were launched: a Trade and Environment 
Sustainability Structured Discussion (TESSD) – and an Informal dialogue on plastics pollution and 
environmentally sustainable plastics trade.  The Secretariat has also been very active in organizing 
trade and environment training and participating in capacity building events.  
 
 Of course, clearly, the most noteworthy activity was the DG selection process.  Due to the 
pandemic, it was conducted through very carefully choreographed in -person meetings with the  
General Council Chair, Ambassador David Walker, and the two facilitators, Ambassador Dacio Castillo 
and Ambassador Harald Aspelund.  
 
 Last, but not  least, the CBFA gavelled in a budget for 2021, providing a measure of certainty 
in what looked like uncertain times.  
 
DDG Activities  
 
 In addition to being responsible for the divisions reporting to them, the four DDGs acted on 
administrative matters that would normally be referred to the Director -General.  I can report that 
this process worked smoothly a nd collegially.   
 
 We led efforts to  prepare for the transition, with detailed briefing of the incoming Director -
General.   
 
 In January, I represented the WTO at the traditional informal ministerial gathering on WTO 
issues hosted by Switzerland every January, this time online, rather than in Davos. My very brief 
remarks and the Chair's summary were posted on the WTO's website.  Ambassador Chambovey will 
report on the meeting.  
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   My other speaking engagements included addresses to Agriculture Ministers at  the Global 
Forum for Food and Agriculture  (GFFA) in Berlin , as well as to Chatham House in London and the 
Washington International Trade Association  – all the texts are posted on the WTO website.  
 
 My colleague DDGs and I have also maintained contacts wit h Ambassadors here in Geneva 
and particularly the Chair of the General Council, Ambassador David Walker.  
 
The agenda for today's meeting  
 
 Returning to our agenda, you have heard reports from the chairs of negotiating groups.  You 
will now hear from the co ordinators of the Joint Statement Initiatives and from heads of delegation 
in their own right, with ideas for how bring the WTO to a new era of cooperation and accomplishment 
in the year ahead.  
 
 Trade will feature prominently on international policy cale ndars this year, well beyond our own 
MC12 and the UNCTAD -15 conference in Barbados. Outcomes of the COP -26 climate meeting in 
Glasgow, the 2021 UN Food Systems Summit, and the G20 Global Health Summit will intersect with 
the work we do at the WTO. Italy ha s indicated that it will place trade very high on its agenda for 
the G20 presidency in 2021. The new Director -General and her administration will no doubt lead our 
engagement with these processes.  
 
 Trade negotiators are judged only by the agreements that  they reach, and the WTO as the 
venue for negotiations, will be judged in the same way.  This understates the value of much of the 
solid work in Committees and in other configurations within the organization, as well as the 
prodigious output of the WTO disp ute settlement system even during a more uncertain period 
without the Appellate Body in place.  But the only way to counter this negative impression is to begin 
to deliver agreements, starting with fisheries subsidies, in the first half of 2021.  
 
Closing re marks  
 
 The interim arrangements you put in place last July for these last six months are drawing to 
a close this weekend.  We thank you for your confidence in us, and are very pleased that the term 
of the new Director -General is to begin on the first of Ma rch.  
 
 With that, I declare this meeting closed.  
 
_______________  
 
 
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ORAL REPORT BY AMBASSADOR SANTIAGO WILLS (COLOMBIA),  
CHAIR OF THE NEGOTIATING GROUP ON RULES  
 
1. As I reported at the last TNC meeting in December, the Negotiating Group on Rules was unable 
to conclude the fisheries subsidies negotiations in 2020. Nevertheless, we have continued to work 
with the objective of delivering a result as soon as possible.  Many things have happened since then.  
 
2. As I had informed you at the December TNC,  I did circulate a second revision of the draft 
consolidated document, on 18 December (RD/TN/RL/126/Rev.2), along with an addendum 
explaining each provision, including all of the changes made since the first revision.  
 
3. Here I would like to recall the p rocess by which the draft document was created and how it 
has evolved since the first version last June. The document is based on a range of inputs that are 
familiar to everyone engaged in the process – Members' written proposals, facilitators' reports, 
textual suggestions made in meetings, and of course our discussions of the text in plenary and other 
configurations, and in my consultations. With each version of the text, I have aimed at capturing 
the sense of the discussions on the different elements of t he draft, in an effort to help the process 
to move forward. In an effort to help the NGR build consensus.  
 
4.  In saying so, I would like to emphasize here that in no case has any element, however 
presented in the text, ever purported to reflect consensus.  The document remains a draft in its 
entirety, and a drafting change to a given provision from one version to the next is simply meant to 
capture how the discussion has evolved in respect of that provision. Obviously, the draft will need 
to keep evolving u ntil we reach a text that all Members can live with, in its entirety, and I am pleased 
that our deliberations since last June indeed have allowed the text to evolve. I can only underscore 
that all of us will need to redouble our efforts so that the further  evolutions needed to reach a full 
consensus take place quickly.  
 
Since the start of the year  
 
5. Work in the NGR resumed early in the New Year and has continued almost without a pause. 
We have held two week -long clusters of meetings so far, during the weeks beginning 18 January 
and 15 February. These clusters followed the usual pattern with time reser ved for bilateral meetings 
organized by delegates, time for plenary meetings of the NGR and time for reporting to Heads of 
Delegation on the Friday afternoons. I also held two open -ended meetings on 2 February. 
Ambassador Didier Chambovey, in his role as a  Friend of the Chair on special and differential 
treatment, co -chaired some of these meetings with me.  
 
6. In addition, we each held our own consultations with many delegations. In my case, I held 
over 50 consultations in total and I have changed the natu re of these a bit to give delegations a 
chance to discuss with me the issues coming up at the next set of plenary meetings.  
 
7. The plenary meetings have addressed a wide variety of issues: from very specific issues such 
as whether non -violation claims co uld be pursued under the new disciplines ; to more general issues 
such as the architecture of the provisions on subsidies that contribute to overfishing and 
overcapacity.  
 
Mini-ministerial  
 
8. I should also report that, at the participants' request, I part icipated in the Mini -Ministerial 
organized by Switzerland on 29 January. At that meeting, I highlighted some key areas that need 
to be resolved soon including:  
 
• the degree of deference that should be given, in the context of eventual dispute 
settlement, to determinations by Members of IUU fishing or the status of fish stocks; 
and  
 
• what kinds of flexibilities should be allowed, in which parts of the disciplines, without 
undermining the effectiveness of the disciplines and their overall sustain ability purpose.  
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  9. At the Mini -ministerial, I also emphasized the urgency to conclude these negotiations as soon 
as possible this year, well before MC12, and asked Ministers to begin to acquaint themselves with 
the issues.  
  
Letter to Ministers  
 
10. As I foreshadowed at the Mini -ministerial, shortly thereafter I sent a letter to all WTO senior 
officials in charge of WTO matters, urging them to instruct their negotiators to engage in a way that 
seeks compromise. I have heard from some delegations that the letters were well received and their 
senior officials  are now keeping these negotiations in mind.  
 
What is now needed  
 
11. There is still a lot of work to be done and, as we get closer to the finish line, the issues are 
becoming more difficult and progress  is slowing down. I see this as reflecting that we have reached 
some common ground on a number of issues, such that those with remaining differences are the 
most difficult. On an encouraging note, everyone tells me that we need to reach an agreement as 
soon as possible, and everyone has said that they are ready to engage in a flexible, pragmatic and 
solution -oriented mode.  
 
"What you can live with"  
 
12. For that sort of engagement to happen, every delegation will need to be realistic – no one 
Member will be  able to get its preferred outcome on every element of the new disciplines. After 20 
years, we are all very familiar with everyone's preferred positions, and these vary quite a lot.  
 
13. A fundamental example of this is the overcapacity and overfishing pi llar which we discussed 
last week. As I said at the NGR HoDs last Friday, there is something of a tug -of-war where one side 
wants a list of subsidies that would always be prohibited and the other side wants a prohibition 
purely based on a sustainability st andard, essentially an effects test. This tug -of-war has been going 
on for years and it's clear that one side will never convince the other.  
 
14. Attempting to bridge this divide, what is now in the text is a "hybrid" approach, with a list of 
subsidies tha t are to be prohibited, qualified by a provision that would allow such subsidies subject 
to the subsidizer demonstrating that measures are in place to maintain the sustainability of the 
stocks in question. I would stress here that I am not advocating this or any particular approach. If 
consensus develops around another concept, that would be wonderful. But we know from our many 
years of discussion that both the list approach and the effects approach are rejected by some 
Members, so I do not see much of a pr ospect for a consensus emerging around either of those 
approaches. At the same time, I have heard several delegations at different levels of development 
and from different regions in the world say that the approach in the current draft would be 
acceptable.  While there are many suggestions for how the language could be improved, and while it 
does not reflect any delegation's starting point, some have indicated that although it is not their 
preferred approach, they could live with it.  
 
Pragmatism  
 
15. Relate d to being realistic is the need for pragmatism. There are often several possible ways 
to draft a given outcome, and if a given outcome is close enough to what you want, perhaps it is 
time to recognize that, and to move on. This is precisely what I mean by  "what you can live with" 
as opposed to "what you prefer". I fear that last week we heard views more on the "what you prefer " 
side. 
 
16. In my opinion we need to be more pragmatic, and more specific. If you want something, say 
what it is clearly and concisely. If you oppose something, say so. When a compromise is suggested 
that does not work, explain why it does not work. If you do not understand what the terms of the 
compromise mean, suggest wording to clarify them. If you have no intention of compro mising, say 
so and we can move ahead and refer the issue to a higher level.  
 WT/GC/M/190  
 
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  Coherence of the Instrument  
 
17. In terms of how we move forward, concretely, from where we now are, we are at a stage 
where our progress has slowed in part because of the interde pendence of many parts of the text to 
other parts. Here, as I see it, the key to unblocking many pending issues is to decide, now, on the 
basic approach to the disciplines to be taken in the overcapacity and overfishing pillar, even if not 
all details are finalized. Deciding on the basic approach to this central pillar of the disciplines will 
provide clarity on how to resolve crosscutting issues including notification and transparency, and 
dispute settlement, and will also pave the way to finalizing the app roach to special and differential 
treatment in this pillar, one of the main outstanding issues.  
 
18. As we move toward concluding these negotiations, it will be important that we keep in mind 
the requirement from Ministers at MC11 that the disciplines be "comprehensive and effective",  and 
our success or failure in this regard is not going to be judged by a WTO Committee or a dispute. 
Other observers in governments, international organizations and civil society are watching closely. 
They will see very quick ly if the overall final result fails to fulfil the requirement to "effectively" 
constrain subsidization that harms sustainable fisheries.   
 
Process going forward  
 
19. This brings me to the process going forward. As I have already communicated to the NGR, 
the next clusters of meetings are scheduled for the weeks of 15 March and 12 April.  
 
20. In terms of how we use our time, I have been hearing from an increasing number of 
delegations that it is time to shift gears again. On some outstanding issues, we seem  to have reached 
an impasse at the technical level. Moving forward may now require decision making and more 
engagement at the Heads of Delegation level or higher. From last week 's cluster HoDs meeting, and 
your active engagement in such a meeting in substa ntive elements and positions, I take that you 
are ready and eager to engage further.  
 
21. Also, many delegates have emphasized the need to focus on the disciplines, especially 
regarding the overcapacity and overfishing pillar, noting as I have that this ma y provide more clarity 
on how to resolve some of the interlinked issues.   
 
22. Furthermore, many delegations have indicated that the usefulness of plenary sessions has 
declined as they mainly are used for repeating well -known positions. Thus, there is a gr owing call 
for meetings in a range of different, smaller, configurations. Delegations also have emphasized the 
need to continue respecting the key principles of transparency and inclusiveness, and this goes 
without saying.  
 
23. More generally concerning th e process, as we all know, the long -awaited arrival of the new 
Director -General, Dr Ngozi Okonjo -Iweala, is next Monday.  From what she has said on the topic, we 
know that she takes the negotiations on fisheries subsidies very seriously, and I am sure that all of 
us are looking forward to her becoming engaged to help bring these negotiations to a close. I 
therefore will be consulting with her as I formulate the detailed planning for our future work. That 
said, I will be in touch as soon as possible on the co ncrete next steps leading up to the next meeting 
cluster and the programme of work for that cluster.   
 
24. This concludes my report. Thank you Chair.  
 
_______________  
 
 
  WT/GC/M/190  
 
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ORAL REPORT BY AMBASSADOR GLORIA ABRAHAM PERALTA  (COSTA RICA),  
CHAIR OF THE SPECIAL SESSION OF THE COMMITTEE ON  
AGRICULTURE AND SUB -COMMITTEE ON COTTON  
 
1.  I would like to focus my report today on the process since the beginning of the year and 
substance.  
 
2.  The CoA Special Session held its first informal meeting on 5 February,  together with the 
dedicated sessions on PSH and SSM.  
 
3.  The topic by topic facilitators -led process  which I initiated in October last year has 
resumed following the holiday break. The facilitators gave their third reports to Members at the last 
CoA SS m eeting.  
 
4.  In addition to their bilateral consultations, facilitators have also convened and held several 
meetings in various formats since the beginning of the year, including open -ended meetings on 
Domestic Support and PSH, and small groups consultatio ns on market access, SSM and cotton.  
 
5.  As already highlighted in the past, the facilitators' led process is intended to be a technical 
process preparing the ground for an overall outcome on agriculture at MC12.  This process continues 
to be useful in cla rifying different ideas put forward, as well as in enhancing the understanding of 
each other's positions and concerns, and in searching pragmatic ways to narrow gaps and identify 
options to make progress.  
 
6.  On my side, I have also resumed my consultatio ns, participated in meetings of some groups 
at their request, and in the virtual Ministerial meeting convened by Switzerland on 29 January, where 
participating Ministers stressed again the need for a multilateral outcome on agriculture at MC12.  
 
7.  On sub stance , Domestic Support  remains the topic of most interest to the Membership.  
Divisions, however, remain on how trade distorting should be disciplined, most notably on which 
categories of support should be included, and where to start from.  Many ideas have been put forward 
and the facilitators -led technical work is ongoing.  There was a constructive technical meeting on 4 
February, where Costa Rica presented its work on the concept of "trade distorting potential".  I count 
on more Members to make si milar presentations to test their ideas and proposals, and to brainstorm 
with other Members.  
 
8.  PSH is another crucial topic, and many developing country Members consider it a priority 
issue for MC12.  A first open -ended Facilitator -led meeting on PSH was  held on Monday, 22 February.  
It was dedicated to the rationale for having PSH programmes and the scope for an outcome on this 
issue at MC12. There was active engagement by both proponents and non -proponents. The next 
meeting is scheduled to take place on 31 March and will be dedicated to notification and 
transparency.  
 
9.  On SSM, the developing country proponents have renewed their demand for an outcome in 
the wake of the COVID -19 pandemic based on broader food security objectives. The facilitator has 
been consulting both proponents and non -proponents to better appreciate their positions on SSM 
and to decide on the most realistic way forward. In light of those consultations, the facilitator intends 
to organize thematic discussions covering the various spec ific elements of an SSM based on 
Members' inputs. The facilitator -led discussions are also not immune from the political challenge 
posed by the linkage between market access and SSM.  
 
10.  Members continue to attach importance to pursuing reforms in the market access  pillar. The 
facilitator -led process has specifically targeted the issue of transparency of applied tariffs and 
shipments en route which has received increasing traction among Members. Some Members have 
also been working on a framework of marke t access reforms.  Recent market access discussions 
have, however, focused mainly on transparency elements rather than on tariff reduction modalities.  
 
11.  On Export Restrictions , let me recall that following the lack of consensus to adopt a draft 
General  Council Decision in December 2020, a large group of Members issued in January a joint 
statement in document WT/L/1109 committing not to impose export restrictions on foods purchased WT/GC/M/190  
 
- 115 - 
 
  by the World Food Programme. The work is also continuing on transparency and clarification of 
elements.  
 
12.  On Export Competition , the Facilitator has continued to engage with non -proponents on 
transparency -related issues. In parallel, Members have been  invited to explore the possibility of 
increasing synergies and mutual supportiveness between the negotiating process and the Export 
Competition -related activities undertaken in the CoA, in particular during the 2021 second triennial 
review.  
 
13.  On Cotton , the discussions have focussed on transparency -related aspects, with a technical 
Quad Plus meeting having taken place yesterday following the circulation of a note on transparency 
by the C -4. 
 
14. Finally, some Members have pointed out that enhancing transparency , which is actively 
discussed under most substantive topics, could also be considered as a crosscutting issue in the 
agriculture negotiations.  
 
15.  Looking forward , the future decision by the General Council on the date of MC12 will define 
the pac e of our work by Members.  
 
16.  The critical question in the coming weeks will be when and how to move from the technical 
facilitators -led process, which is an essential preparatory phase but requires time, to a more 
comprehensive negotiating phase to buil d convergence for an outcome on agriculture at MC12.   
 
17.  The response will partly depend on the kind of results that the facilitators -led process will 
produce. I am fully confident that this process will achieve its primary objective of clarifying the 
technical issues and allowing Members to have a better sense of possible landing zones.  
 
18.  However, political impetus and leadership, including engagement at Ambassadors' level will 
also be required sooner rather than later.  
 
19. As noted by the newly el ected Director -General Dr. Ngozi Okonjo -Iweala, agriculture is 
particularly important for many developing and least developing countries, and I think we all agree 
that an outcome on agriculture at MC12 is indispensable.  
 
20.  In that regard, we must get p repared to intensify work from now on.  
 
21.  I therefore wish to invite all the Members to reflect on the kind of results they expect and 
consider achievable on agriculture at MC12, taking into account the on -going technical work as well 
as the overall ne gotiation environment.  
 
22.  On my side, I will intensify my contacts in various formats in the coming weeks.  I thank you.  
 
_______________  
 
 
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ORAL REPORT BY AMBASSADOR KADRA AHMED HASSAN (DJIBOUTI),  
CHAIR OF THE SPECIAL SESSION OF THE COMMITTEE  
ON TRADE AND DEVELOPMENT  
 
 
1. In line with what I had indicated at the informal TNC/HODs meeting last December, I recently 
launched a series of informal, open -ended meetings of the CTD SS. The purpose of these meetings, 
of which there will be five in total, i s to explore how to move forward on the ten proposals on special 
and differential treatment submitted by the G -90. In each meeting, delegations are being asked to 
focus on two proposals, so that over the course of the five meetings, an in -depth discussion will 
have taken place on all ten proposals.  
 
2. In order to have a constructive and focused series of meetings, I have requested delegations 
to approach the discussion on each proposal on the basis of two questions. Delegations have firstly 
been asked for their views on which elements of each proposal might convergence be found. They 
have also been asked to consider where the difficulties lie in each proposal and why, and how could 
these be overcome.  
 
3. The first in the series of informal, open -ended meeti ngs was held on 8 February, and focused 
on the proposal concerning the Enabling Clause and the proposal concerning LDC accession.  
 
4. Overall, I think the meeting was useful, to the extent that it allowed delegations to have a 
frank and open discussion on  the proposals under consideration. That being said, I did not detect a 
significant shift in positions among delegations. Some Members once again indicated their support 
for the proposals, which they believe can provide a good basis for further discussion.  Other Members 
once again expressed disappointment that essentially the same proposals that have been discussed 
on several previous occasions, remain under discussion in the CTD SS. The view of these Members 
is that there is little scope to make progress i n the CTD SS on the basis of these proposals.   
 
5. I reiterated to Members the importance of finding a way forward in these negotiations, and in 
this light I encouraged delegations to work together to identify a new approach to the work in the 
CTD SS which  would be acceptable to all. However, I also stressed that it is in the hands of Members 
to determine this new approach and the way forward. As Chair, I can convene meetings and facilitate 
as many discussions as are needed, but it is ultimately up to Membe rs to show the necessary 
flexibility and political will to collaborate, so as to collectively determine how the work in the CTD SS 
can advance.  
 
6. The second in the series of informal, open -ended meetings, which will be scheduled shortly, 
sometime in Mar ch, will address the G -90 proposals concerning the TRIMs Agreement and Article 
66.2 of the TRIPS Agreement.  
 
7. As we see through the four remaining informal, open -ended meetings, it is my hope that some 
clarity may emerge on what the next steps might be in the CTD SS. I shall also continue to reach 
out to Members to hear views in this regard.  
 
8. This concludes my intervention.  
 
_______________  
 
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ORAL REPORT BY AMBASSADOR ALFREDO SUESCUM (PANAMA),  
CHAIR OF THE SPECIAL SESSION OF THE COUNCIL FOR TRIPS  
 
 
1. As I announced in my last report to the TNC, on 20 and 21 January, I  held individual  
consultations with interested delegations on how the Special Session could proceed in fulfilling its 
mandate. I had invited Member s to consider three specific suggestions for activities or reports which 
were raised by Members during the past consultations  held in October 2020.  I will not detail those 
proposals here. Members will find them in my written report which will be circulated after this 
meeting.  
2. I had also invited Members to reflect on how, when and where the other side's concerns might 
be addre ssed without necessarily conceding nor agreeing to them, and to reflect on new approaches 
to achieve their own objectives. During the consultations, I also asked if they had contacted the 
other side about  how to proceed to fulfil our mandate.  
3. Five deleg ations from the W52 Group  and one from the Joint Proposal Group took up my 
invitation.  Regarding the suggestions for the activities and the reports, some delegations variously 
indicated that  they were ready and willing to  contemplate the suggested work, al beit in some cases,  
depending on the timing and readiness of the topic. Others were sceptical of the benefits for the 
Special Session's work. One delegation thought that the suggested work would duplicate that done 
in WIPO and s ought clarification on  the o bjectives of the exercise.  This delegation additionally 
expressed reservations on taking up the suggested exercises unless concerns were resolved 
regarding how delegations perceive the mandate of the Special Session .  
4. Regarding the procedural questions,  there was u nfortunately, no  new thinking about new 
approaches. Positions regarding the Special Session's mandate were also unchanged. I was 
disappointed that none of the delegations ha d engaged with the other side about any of the  specific 
questions , thou gh a few remarked that IP issues in general are discussed regularly between capitals. 
I urged them to take up the specific questions with one another  here in Geneva  in the context of the 
Special Session.  
5. Regarding future steps, after reflecting on the o verall situation, I plan to call for a small group 
consultation to explore  further the suggest ions for activities to reactivate our work, and then to hold 
an informal open -ended meeting to report on these consultations and to provide an opportunity for 
delegations to share  on any new thoughts  that they may have had  on the work of the Special 
Session.  
_______________  
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  ANNEX 3  
STATEMENTS BY MEMBERS AT THE INFORMAL TNC AND INFORMAL HOD S MEETINGS 
HELD ON 25 FEBRUARY  2021 
 
Following the General Council Chairman's statement under Item 1 of the agenda of this meeting – 
"Report on Informal TNC and Informal HODs Meetings", the statements made by:  Switzerland; 
Montenegro; Brazil; European Union; Nigeria; Mexico; Morocco; Malaysia; Panama (Article XII 
Members); China; Norway; Hong Kong, China; Chile (Structured Discussions on Investment 
Facilitation for Development); Republic of Korea; Chinese Taipei ; Iceland (Informal Working Group 
on Trade and Gender); Argentina; Australia (Joint Statement Initiative on Electronic Commerce); 
Jamaica (ACP); Egypt; United Kingdom; Japan; Singapore; Bangladesh; Philippines; Paraguay; 
Canada (Ottawa Group); Nepal; New Z ealand; Turkey; Pakistan; Russian Federation; Saint Lucia 
(CARICOM); Ecuador; Chad (LDCs); Indonesia; Kingdom of Saudi Arabia; Republic of Moldova; 
Angola; Uruguay (Informal Working Group on MSMEs); Costa Rica (Joint Initiative on Services 
Domestic Regulat ion); Sri Lanka; Bolivarian Republic of Venezuela; Thailand; India; South Africa; 
Mauritius (African Group); Afghanistan; Fiji (Pacific Group); Colombia; Uganda; Cambodia; 
Cameroon; Kazakhstan; Senegal and Peru are included below as part of the Minutes of the General 
Council meeting.  The concluding remarks of Deputy Director -General Wolff is also included at the 
end of this annex.  
 
_______________  
 
 
1. Switzerland  
 
In my statement, I would like to give a summary of the Informal Ministerial Gathering on WTO issues 
hosted by the Swiss government on 29 January, this time in virtual format. The aim of the informal 
meeting was to discuss challenges facing the WTO, including ideas for reforming the organisation.  
 
The Informal WTO Ministerial Gathering was attended  by Ministers and high officials from 
29 Members representing a broad spectrum of the WTO membership, including the coordinators of 
the WTO Least -developed countries Group, the WTO African Group, and the WTO African, Caribbean 
and Pacific Group.  
 
For the i nformation of the wider membership, I will read out the Personal Concluding Remarks by 
the Chair, President of the Swiss Confederation, Guy Parmelin. He summarized his impressions from 
the discussions as follows:  
 
• "Ministers stressed the urgency of the swi ft appointment of a new WTO Director -General 
as well as the confirmation of the date and venue of the 12th Ministerial Conference 
(MC12).  
• Ministers reiterated their determination to maintain a credible multilateral trading 
system and to restore a climate o f mutual trust.  
• Ministers expressed their concerns about the enormous social and economic impact of 
the COVID -19 crisis. They highlighted the relevance of trade and the role of the WTO in 
containing the pandemic and promoting recovery. Many Ministers under lined the 
importance of ensuring the development of as well as an equitable and affordable access 
to medical goods, including vaccines. They addressed ways and means to achieve these 
goals, including the implementation of measures facilitating trade, the r ole of intellectual 
property and transparency.  
• Ministers regretted that the negotiations on fisheries subsidies could not be completed 
in accordance with the end -2020 deadline foreseen in SDG 14.6. In light of the 
significance of this process for the susta inability of global fisheries, Ministers concurred 
that a comprehensive and effective agreement on fisheries subsidies should be 
concluded as soon as possible. Ministers agreed to step up efforts with a view to finding 
mutually acceptable solutions consist ent with all the elements of the negotiating 
mandate.  WT/GC/M/190  
 
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  • Ministers highlighted the importance of restoring a fully functional WTO dispute 
settlement system, which is a key pillar of the rules -based multilateral trading system.  
• Many participants argued for fur ther progress in agricultural trade policy reform at MC12 
and asked for an outcome on domestic support and other issues. The issues of public 
stockholding and the special safeguard mechanism were highlighted by several 
Ministers.  
• Many Ministers called for tangible outcomes, by MC12, on the Joint Statement 
Initiatives. Inter alia finalizing the process on Services Domestic Regulation and making 
substantial progress on E -commerce and Investment Facilitation as well as on Trade 
and Women 's Economic Empowerment .  
• The need to reform the WTO was widely acknowledged. A number of Ministers insisted 
on advancing diverse issues related to the special and differential treatment of 
developing and least developed countries. Some participants proposed to adjust WTO 
rules to present -day economic and competitive conditions.  
• Several Ministers supported new initiatives launched in response to global challenges 
such as the structured discussions on Trade and Environmental Sustainability.  
• Ministers reaffirmed their commitment to  engage in the preparations for MC12 in order 
to advance key issues. " 
These personal concluding remarks - made under the chair 's own responsibility - have been 
published on the website of the Swiss State Secretariat for Economic Affairs (SECO) as well as o n 
the WTO 's website.  
 
With this, I conclude my report on the informal ministerial gathering.  
 
I would now like to make a few comments on behalf of the Swiss delegation.  
 
Switzerland was inspired by the statement by the new Director -General at the Special Session of 
the WTO General Council. We are confident that her authority and impetus will help us to meet the 
many challenges we face. To be successful, we will need to engage collectively and constructively to 
achieve three main goals, namely:  
 
• To conclude a meaningful agreement on fisheries subsidies as quickly as possible, as 
we are required to do in order to implement the SDGs;  
• To restore a functioning dispute settlement system to enhance the security and 
predictability of the multilateral tradin g system;  
• To contribute to the fight against the COVID -19 crisis by ensuring the development as 
well as equitable and affordable access to essential medical products, including 
vaccines.  
Finally, we share the views expressed by the new Director -General on the need to adapt WTO rules 
to the new realities of global trade such as e -commerce and the digital economy. Equally important 
is ensuring that the WTO supports the green and circular economy and addresses the nexus between 
trade and climate change.  
 
Initiatives emanating from joint declarations can play a critical role in this regard. They should not 
only deliver results at the Twelfth WTO Ministerial Meeting (MC12), in particular regarding services 
domestic regulation, but also to make further progress, i n an open and inclusive manner, on matters 
of concern to WTO members.  
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  2. Montenegro  
 
Let me begin by warmly congratulating Madam Ngozi Okonjo -Iweala on her recent appointment as 
the WTO 's Director -General. Given that Dr Okonjo -Iweala is the first woman and t he first African to 
be chosen to the Organization 's highest office, but also given her impressive academic and 
professional background and experiences, we can confidently say that this is a historic appointment 
to which Montenegro sincerely applauds.  
 
The ongoing COVID -19 crisis has alarmingly demonstrated the importance of multilateral 
institutions, international cooperation, and solidarity for collective health, security and global 
economy and its growth. Despite significant limitations and blockades, mu ltilateralism has been 
strongly reaffirmed as an inevitable in shaping global responses to global challenges and problems. 
At the same time, contemporary developments have brought to the fore the need to reform, 
modernize and adjust the multilateral system  to the new international environment and reality.  
However, as it does not function in a vacuum, but depend on the political will, interests, and 
objectives of the member states, the changes and reforms are possible to the extent and at the 
speed at which they want it. All in all, international organizations must have the appropriate powers 
and resources to be effective in addressing the many complex problems facing the world.  
 
The devastating effects of the acute pandemic on health and the global economy have reminded us 
of the crucial importance of an open, transparent, predictable, sustainable and well -functioning 
rules-based multilateral trading system to mitigate these consequences and boost economic 
recovery. To this end, we need to reform and reinvig orate the WTO to make our Organization a 
successful forum for negotiations, a house of agreements to be developed and respected, and a 
place for effective dispute settlement. While it is widely accepted that the WTO needs to be reformed, 
the issue of the s cope, nature and sequencing of needed reforms remains open. We therefore share 
the view that it would be beneficial to consider the adoption of a Ministerial Declaration outlining the 
main directions of the Organization's reform process.   
 
When we contempl ate on way forward in the run -up to MC12, we support intensifying the work in 
the area of trade and health in view of enhancing the capacity of the trading system to respond to 
public health emergencies and to contribute to improving the resilience of supp ly chains; also in 
trade and the environment in terms of mainstreaming sustainability issues in the WTO 's work; then 
in the reform of the dispute settlement system given its importance for the stability and predictability 
of the multilateral system; also i n updating the WTO 's rulebook and practices to make the 
Organization better equipped to address the common challenges we all face, such as the digital 
economy, environmental protection, recovery from COVID -19 - just to mention a few.   
 
We also believe that we can make decisive progress and finalize the ongoing negotiations on fisheries 
subsidies, leaving MC12 as the venue to agree on modalities for the implementation of the 
agreement. This would be a great success that would clearly demo nstrate the Organization's 
capability to adopt new multilateral rules on sensitive issues and to conclude multilateral agreements 
of vital importance.  
 
Montenegro reiterates its support for decisive progress on Joint initiatives on E -commerce, Services 
Domestic Regulations, Micro, small and medium -sized enterprises (MSMEs), and Investment 
Facilitation for Development, with a view of concluding at least the services domestic regulation by 
MC12.  
 
On this note, let me conclude by reiterating Montenegro 's support for meaningful WTO 's reform and 
our readiness to continue to constructively cooperate on the WTO 's ongoing negotiating agenda, 
looking forward to seeing significant progress by, and at MC12.  
 
3. Brazil  
 
Last week we overcame together a ce ntral challenge for the WTO. We now have a new leadership. 
From 1st of March on, DG Ngozi's guidance will be fundamental in shaping a new agenda for the 
WTO reform and for MC12 later this year.  
 
Brazil believes that there are some fundamental elements for a MC12 package, which must be 
present. We are ready to work and engage over these issues along this year. This is a package that, 
we believe, will provide the initial results we need to move the WTO away from the crisis we have WT/GC/M/190  
 
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  lived for so many years, a c risis that impacts the WTO in all its functions - negotiations, dispute 
settlement, and transparency.  
 
We need deliverables on subsidies across all sectors, industrial and agriculture, taking into 
consideration the fundamental principle of market -economy c onditions. In agriculture subsidies, 
MC12 must deliver a framework for capping and proportionally reducing trade -distorting domestic 
support along with a working program clearly defined for MC13. Let me be absolutely clear and 
transparent here: the absence  of an outcome in agriculture is a redline for Brazil.  
 
MC12 should lead to the conclusion of fisheries. We will present our ministerial draft on sustainability 
and fisheries at the General Council and we hope that all Members will agree that sustainabilit y is a 
vital element of the fisheries package.  
 
The conclusion of the investment facilitation, domestic regulation, and MSMEs negotiations should 
also be a part of MC12. We can also show progress on e -commerce.  
 
We need a ministerial understanding on the r ole and procedures of the AB. We need to restore the 
multilateral integrity of the dispute settlement system with a reformed Appellate Body. In the 
meantime, Brazil is committed to participate in the MPIA and any other arbitration. Brazil is working 
on a n ational legislation to retaliate unilaterally those Members using - in bad faith - the resource of 
appeals on the void in disputes we are involved.  
 
As I mentioned at the GC meeting, we look forward to working with all Members to promote a free, 
fair, pros perous and dynamic international trading system.  
 
4. European Union  
 
Although the new Director -General is still a few days away from taking up her duties, we can already 
sense her presence. With the DG appointed, we can now focus on the challenging tasks that  we have 
ahead of us.  
 
One week ago, the European Commission has set out a new trade strategy for the EU. This strategy 
builds on strengthening and reforming global trade rules and includes a dedicated paper on WTO 
reform, which is a central priority for t he EU 's trade policy. Executive Vice President Dombrovskis 
has reached out to all WTO Ministers on the EU 's agenda for WTO reform, and we look forward to 
working and engaging with you all.  
 
The EU Trade Policy Review lays out our ambitions for a successfu l MC12, which will be key for WTO 
reform. We look forward to working with all Members in the coming months on key priorities 
including the fisheries negotiations, trade and health, trade and environment, dispute settlement 
reform and ongoing negotiations i n the Joint Statement Initiatives.  
 
But looking beyond MC12, the EU will continue to put forward or strongly support initiatives that 
address the most pressing problems WTO Members collectively face, such as tackling the effects of 
COVID -19, supporting environmental and social sustainability , updating the rules for digital trade, 
and reinforcing rules to tackle competitive distortions and promote a level playing field.  
 
We strongly support progress in the different Joint Statement Initiatives and we would wish to 
discuss with like -minded cou ntries a new plurilateral initiative on competitive neutrality, including 
issues such as strengthened disciplines on industrial subsidies or state owned enterprises.  
 
The EU Trade Policy Review includes ideas on making the WTO 's negotiating function more e ffective 
– including on defining mechanisms to incorporate plurilateral agreements in the WTO - and on how 
to reinforce the WTO monitoring and deliberating function. These institutional issues could be 
considered by a Working Group on WTO reform to be set up at MC12.  
 
Moving to fisheries subsidies, I want to thank the Chair Ambassador Wills for his efforts and his 
report of the state of play of the fisheries subsidies negotiations.  
 
I will not repeat my intervention of last Friday on the EU 's view on the main issues. Unfortunately, 
the positions of the Membership remain far apart.  
 WT/GC/M/190  
 
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  The EU supports working in small groups on some of the key issues, as that setting would allow 
more in -depth and interactive discussions and consider alternatives. Small groups , of course, need 
to be transparent and report back to the full membership. But we should avoid excessive 
requirements that would defeat the purpose. To guide our work, the Chair has the right, I would 
even say the responsibility, to put forward specific q uestions and to identify different drafting 
options.  
 
Similarly, we trust the Chair's judgement on revising the texts in light of his assessment of possible 
compromises. Subjecting every change to unanimity would deprive the negotiating process of its 
vital dynamism.  
 
5. Nigeria  
 
Nigeria wishes to thank you and the Heads of respective negotiating Group for your respective 
reports. At the outset, we wish to associate ourselves with the statements delivered on behalf of the 
African Group and the ACP.  
 
It is app arent that the global economy is on the path of recovery given the ongoing administration 
of approved COVID vaccine. It is therefore pertinent for the WTO a key institution that underpin the 
integration of our economies to play a vital role in ensuring pos t COVID participatory growth that 
benefits all.  
 
Agriculture  
 
On the ongoing Agriculture negotiations, Nigeria wishes to thank the facilitators for their ongoing 
works. In our view, given that MC 12 is few months away, it is highly unlikely that Members will be 
able to deliver on all the negotiating issues under the Agriculture file, as a result of time and other 
constraint. Therefore, we wish to reiterate our call for the Membership to prioritize mandated issues 
such as Domestic Support, SSM, PSH and Cot ton negotiations for MC 12 Outcomes. These mandated 
issues are critical in addressing structural causes of food and livelihood security difficulties of low -
income, and food -deficit countries majority of which are in Africa. Furthermore, surveys have shown 
that the average applied tariff in agriculture for developing countries is 14.3% in 2015 while that of 
Developed Countries and LDCs is 16.7% and 15.5% respectively. This implies that tariff is not a 
significant barrier to accessing most Developing Countrie s Markets.  
 
Regarding the ongoing discussion on Domestic Support, we welcome the call by the Cairns Group 
for caping and reduction of the sum of current global agricultural trade and production -distorting 
support entitlements by at least half by 2030. Howe ver, we are of the view that not all Article 6 
support are trade distorting as suggested by the proponents. There is need for us to unpack Article 
6 and deal with precise elements that enable Members to substantially concentrate support in specific 
product s. For instance, whereas both AMS and de minimis are the same types of support, it is 
unlikely that de minimis supports which is capped and available to all Members would be substantially 
concentrated in specific products. Furthermore, the idea that Articl e 6.2 support, a lifeline for 
resource poor Developing Countries producers is trade distorting is misleading. In our view, the 
starting point is for us to focus on levelling the playing field by addressing the existing imbalance. 
This entails eliminating a ll AMS beyond de -minimis.  Regarding the issue of proportionality, we 
believe it is already embedded in the de minimis given that it is a function of the VOP. However, if 
Members feel otherwise, then proportionality should be determined in per capita terms with number 
of farmers as denominator. On the issue of SSM where we look forward to SSG like outcomes. 
Regarding PSH we look forward to an outcome that expand the product coverage with transparency 
and safeguard arrangements that does not pose burdensome r equirements on countries undertaking 
these programs in a manner that makes it de facto impossible to apply.  
 
1998 E -Commerce Work Programme  
 
On E-Commerce, we wish to further underscore the need for us to reinvigorate the 1998 Work 
programme and explore ways of addressing the difficulties undermining the gains of developing 
countries from global digital trade. we are in support of a more struct ured and targeted discussions 
on horizontal and vertical issues regarding the trade related aspect of e -commerce under the Work 
programme with a view to setting an inclusive and development -oriented agenda for consideration 
by Ministers at MC -12. Such disc ussions should amongst others clarify the scope as well as address 
classification issues. Chair Nigeria is pleased with the progress being recorded in the ongoing open, WT/GC/M/190  
 
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  transparent, and inclusive discussions under the JSI on e -commerce. We are confident th at the 
outcome will take into account our development priorities and avail us the requisite tool to unlock 
our digital economy potentials.  We therefore call on all Members especially Developing Countries to 
join this initiative so we can collectively shape  the discussions and deliver desired outcomes.  
 
TRIPS  
 
Regarding TRIPs and public health, we believe the negative impact of COVID on lives cannot be 
overemphasized. In our view, WTO Members have a shared responsibility to work together to ensure 
that inte llectual property rights do not create barriers to the scaling -up of research, development, 
manufacturing, and supply of medical products essential to combat Covid -19. It is in this light that 
we co -sponsored the proposal contained in document IP/C/W/673, regarding a waiver for developing 
countries in this era of pandemic. The importance of this proposal cannot be overemphasized as 
millions of lives globally continue to be at risk due to the pandemic. Indeed, no one is safe until 
everyone is safe. We theref ore call on all Members to support this proposal.  
 
Fisheries Subsidies  
 
Regarding fisheries subsidies negotiations, we like to join others in commending the NGR Chair, 
Ambassador Santiago on his tireless efforts during the negotiations.  
 
However, we are co ncerned that a horizontal carve out on Small scale and Artisanal Fishing has not 
been incorporated in the revised texts despite all statements and textual suggestions made that 
show that small scale and artisanal fishing does not contribute to the global o verfishing and 
overcapacity problems as distant water fishing does. We reiterate that small scale and artisanal 
fishing is not an SDT as this is a flexibility that will benefit all members.  
 
Regarding the management approach that has enjoyed support by som e members and presented 
as that which will preserve the sustainability element in the negotiations, we would like to remind 
members that this approach has not worked in the past as overcapacity and overfishing problems 
continue to exist. We therefore encou rage all members to support a list -based approach without 
conditional provisions that may encourage circumvention of the prohibitions.  
 
We reiterate our position that a flag state should not be part of the determining entities during IUU 
determinations. T his duty should be the exclusive right of the Coastal State.  
 
Finally, in line with the mandate, effective S&DT for Developing Countries should be an integral part 
of the outcomes of the negotiations. This will avail resource poor countries the requisite policy space 
to develop their fishing capacity in a sustainable manner.  
 
6. Mexico  
 
I thank the Chairs of the Negotiating Groups and the coordinators of the Joint Initiatives for their 
reports on the status of the discussions.  
 
Although this year we will have  to deal with the repercussions of the COVID 19 health crisis for trade 
and the world economy, we have an opportunity to reinvigorate our work at the WTO. Primarily 
because, as of next Monday, the new Director General of the Organization will finally take up her 
post, which we hope will give fresh impetus to our discussions.  
 
It is not fair, however, nor do I mean to suggest that the DG bears responsibility for the negotiations' 
results, or lack thereof. This Organization is certainly member driven and therefore responsibility for 
success or failure is ours. But, Dr. Okonjo -Iweala's leadership will undoubtedly help to boost 
confidence in our work.  
 
We are also pressed for time. The first two months of the year have already elapsed and, excluding 
November and the summer break, we have very little time left before the Twelfth Mini sterial 
Conference. (MC12). Eight months, to be precise, in which to prove that our Organization is capable 
of delivering results and adapting to the needs of dynamic trade in the twenty first century.  
 
In the area of fisheries, given the international com mitments at the highest level and our mandate 
from Buenos Aires, we should not and cannot link an outcome to the Ministerial Conference. We all WT/GC/M/190  
 
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  have a responsibility and we must fulfil it as soon as possible. We reiterate our support for 
Ambassador Wills a nd the work programme based on small groups. We are sure that, in this manner 
and without reiterating positions that are all too familiar, we will be able to move forward. As 
Ambassador Wills rightly said, we will not get very far reiterating the same posi tions every year; it 
is time for flexibility and pragmatism in these long standing negotiations.  
 
Despite the odds, we must reach agreement on the joint initiatives on e -commerce, investment 
facilitation and domestic regulation in services before MC12. As we share a common objective, we 
must redouble our efforts and show the necessary flexibility in this last phase of the discussions.  
 
In this regard, we reiterate our gratitude for the work carried out by all the Joint Initiative 
Coordinators, as the negoti ation processes have been inclusive, transparent and open. Once again, 
we invite those Members who are not involved in the joint initiatives to join these discussions.  
 
With regard to agriculture, we recognize the work done by Ambassador Abraham as well as  the 
facilitators of the specific groups. We believe that this work is helping Members to clarify their 
priorities and, once these have been identified, to focus on realistic outcomes for the Ministerial 
Conference.  
 
Similarly, in these next eight months w e must discuss what we hope to achieve, not just in terms of 
the negotiations, but also the political messages and guidelines to be endorsed by our ministers. We 
must develop precise courses of action on the issues on which limited progress has been made, such 
as TRIPS, services and the environment, among others, but also open the door to new disciplines 
that allow our organization to remain relevant, and set out clear guidelines for a process of reform 
for our Organization.  
 
There is much work to be done, as well as a responsibility to the international community to 
discharge that requires our effort, commitment and empathy. It will also be important for our capitals 
to demonstrate and give effect to the political will for this Organization to make its due contribution 
to global economic governance and to improving standards of living in many economies.  
 
Mexico, once again, reiterates its willingness to work together with the new Director General and 
the Chairs of the Negotiating Groups, the Joint Initiative s and the General Council to address these 
challenges.  
 
7. Morocco  
 
At the outset, I would like to extend my thanks to you Mr DDG and through you to all DDGs for your 
efforts in conducting the work of the WTO along this difficult and troubled period.  
 
In add ition, we command the leadership of all the negotiating bodies ' presidents and I thank them 
for their respective reports.  
 
All Members agreed that MC12 provide a window of opportunity for the WTO. Among many issues, 
my delegation wish to emphasize once ag ain, that Membership should complete the fisheries 
subsidies negotiations with the willingness to compromise, in order to confirm the relevance of 
multilateral negotiations to the outside communities.  
 
On the fisheries subsidies  negotiations, my delegation remains committed to concluding these 
negotiations in line with SDG 14.6. While my delegation recognises the importance of these 
negotiations and the need for conclusion, the process seems to be in need of more pragmatism and 
political willingness in order to overcome the current cleavage between developed and developing 
approaches.  
  
We believe that disciplines have to deliver on all pillars of the mandate, target large -scale industrial 
fishing and not constrain the use of bene ficial subsidies that contributed to the sustainability of fish 
stocks, safeguard food security and livelihoods of coastal communities, including policy space to 
develop their marine resources while also accommodating sustainability needs.  
  
Consequently, S&DT had to be an integral part of the outcome. My delegation will continue to work 
constructively with the Chair and his Friend towards a balanced outcome that delivered on the 
mandate.  WT/GC/M/190  
 
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  S&DT is one of the key principles of the WTO provided to developing c ountries to adjust to trade 
rules at their pace and in accordance with their level of development. This founding principle and 
right has to be preserved and remains central to address real and specific challenges facing 
developing countries in their quest to participate in global trade and industrialization. Morocco 
continue to engage constructively with a view to having a meaningful outcome on this important 
issue at MC12.  
 
In other hand, the continuous impasse on the appointment of AB members has signific ant 
implications for the preservation of rights and obligations of Members. A solution -oriented 
multilateral process to restore a two -stage dispute settlement system and unlock the impasse in the 
selection process of AB members is highly needed.  
 
In relati on to the reform of the WTO, my delegation's reiterates that reform has to promote 
inclusivity, address historical imbalances, enhance integration of developing countries, especially in 
the African Continent, in global trade and deliver on the development mandate.  
 
The TNC was established under the DDA with a view to delivering on critical issues that promote 
development. The DDA was not limited to the fisheries negotiations. Meaningful outcomes in 
agriculture and in all the outstanding issues need to be de livered. Therefore, it is critical for progress 
and for the WTO to contribute meaningfully to people's livelihoods, food security, sustainable 
development and job creation.  
  
Development is not limited to technical assistance and capacity building. It had to underpin the 
development of rules in the multilateral trading system and this necessitates the recognition of 
differences in levels of development and the need for flexibilities to ensure that Members take 
commitments in proportion to their level of dev elopment.  
 
My delegation takes for granted that at this critical time, the agriculture negotiations has become 
more important than ever for fair, balanced and meaningful outcomes to build sustainable and 
resilient agriculture sectors. In this regard, Membe rs need to increase their effort within the 
framework of COA -SS meetings to the extent possible.  
 
With relation to the discussions among the Working Group on Trade, Debt and Finance, please let 
me emphasize that the impending debt crisis in several low - and middle -income countries, resulting 
from the COVID -19 pandemic, needs a quick and effective response by reducing debt pressure and 
reforming its international architecture.  
 
In this regard, Morocco calls on the international community to show solidarity i n supporting national 
recovery strategies. We pleads for a multilateralism of responsibility, which can nourish the WTO 
actions through concrete and results -oriented initiatives.  
  
To conclude, as Members succeeded to the selection of a new DG, advancing t hese issues to the 
extent possible would have an impact on WTO's effectiveness especially in the economic recovery 
period.  
  
Morocco's hope is that Members continue to engage them in a result -oriented fashion. Members has 
always said that the WTO is a "Mem ber-driven" organization. They need to back this notion with 
their actions by trying to secure convergence on realistic outcomes. This would provide a sense of 
direction for the new DG and show that Members valued the WTO as the corner stone of the rules -
based multilateral trading system.  
 
8. Malaysia  
 
We begin our 2021 with both progress and challenges. Malaysia appreciates Members ' efforts in 
continuing to preserve the Multilateral Trading System and work to ensure the WTO institution 
remains relevant.   
 
We recognize that the prolonged trade tensions and COVID -19 pandemic have impacted trade and 
the entire global economy leading to job losses and reduced incomes around the world.  
 
However, Malaysia remains optimistic that despite these challenges, the WTO has a crucial role to 
play in ensuring that global trade governance remains open, predictable, and transparent.  WT/GC/M/190  
 
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  Malaysia wishes t o highlight the following:  
 
DG Selection  
 
Since this is the first TNC/HODs for the year, let me once again, record our sincere appreciation to 
the General Council Chair, Ambassador Walker and the Co -facilitators – Ambassador Castillo and 
Ambassador Aspelun d for their hard work in ensuring selection rounds were conducted in an efficient 
manner. We thank for all the flexibilities shown by members for this process.  
 
Malaysia is committed and stands ready to work with our new DG.  
 
Fisheries Subsidies  
 
We take n ote of the report by Ambassador Wills and thank him for his valuable efforts and 
commitment to deliver the fisheries subsidies outcome. However, much work remains to be done by 
us here in Geneva and back in Capital.  
 
Malaysia believes that, if we were to d eliver an outcome for MC12 in the next nine (9) months, we 
need to engage in an outcome -oriented mode with the sense of urgency and necessary flexibility to 
achieve a consensus.  
 
Dispute Settlement Mechanism  
 
WTO dispute settlement system has been a centra l element in the predictability of the rules -based 
multilateral trading system. We truly hope that this impasse could be resolved expeditiously to 
restore the WTO 's two -stage dispute settlement function.  
 
Joint Statement Initiatives  
 
We welcome the progress in the Joint Statement Initiatives on MSMEs, Investment Facilitation for 
Development and e -Commerce. Malaysia is strongly committed to the discussions under these JSIs. 
We are pleased to note that these initiatives have continued their work and ar e making good 
progress. Having said that, much work remains to be done for a meaningful outcome at the MC12.  
 
Development  
 
Development is an integral part of the WTO institution and WTO reform agenda. We acknowledge 
that international trade has been an imp ortant enabler for Members ' economic growth and therefore, 
we must recognize the development component in the negotiations.  
 
Bearing in mind the unprecedented challenges that we are facing now, greater political will and 
flexibility are crucial for an appr opriate and effective special and differential treatment for developing 
countries including LDCs. We look forward to having more constructive engagements among 
Members for a win -win outcome in the lead up to MC12.  
 
Lastly, Malaysia is confident that with D r. Okonjo -Iweala 's experience and political stature, she would 
be able to take this organisation to greater heights – by restoring the credibility of the rules -based 
multilateral trading system; setting clear goals for a meaningful outcome at the MC12; and  deliver 
a post -pandemic economic recovery.  
 
We wish Dr. Okonjo -Iweala every success in carrying out her responsibility as the new Director -
General of the WTO.  
 
9. Panama (Article XII Members)  
 
I am delivering this statement on behalf of the Group of Article  XII Members.  
 
As we have said in previous statements, our Group expects that current negotiations should result 
in levelling the imbalances that have accumulated in Members commitments with each new 
accession negotiation.  
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  To reach a level playing field, all those Members that currently enjoy higher levels of entitlements, 
that maintain significantly lower levels of commitments than those they asked of acceding Members, 
will have to make more significant contributions within the ongoing reforms process.  
 
The Group wants to recognize the efforts made by the Chair of the CoA SS in setting up multiple 
rounds of conversations with the Membership through a facilitators process, and the efforts of 
Members contributing to constructive discussions. In this regard,  we reiterate the importance to 
promote dialogue, inclusiveness, and the sharing of information.  
 
Our Group reminds Members that the built -in agenda and existing imbalances are not limited to 
agriculture. Significant imbalances exist also in Services, in NAMA and horizontal commitments.  
 
We would also like to reaffirm our Group´s support for the ongoing discussions on the WTO reform 
in transparency and inclusion.  
 
Lastly, we take this opportunity to offer our Congratulations to Dr. Okonjo -Iweala on her recent 
selection as Director General  of the WTO. With her appointment, we are looking forward to seeing 
significant progress by MC12. We expect all ongoing negotiations to lead to closing the 
aforementioned gaps. We also reiterate our support to the ongoing accessions and hope that we can 
see new Members join the WTO.  
 
10. Panama  
 
I would like to take this opportunity to briefly add a few words in my national capacity.  
 
It is of utmost importance to Panama that work continues in all sectors and negotiating pillars to 
ensure a balance of benefits and responsibilities resulting from the various negotiations and 
discussions.  
 
In agriculture, we support the Chair's initiative on technical discussions, supported by the 
Facilitators, as this will be a way to achieve Member agreement on a comprehensive r eform, without 
excluding any topics in all the pillars of agriculture.  
 
Services negotiations and access for non -agricultural goods are a neglected part of the built in 
agenda. They are of no less importance and priority than agriculture. They must be trea ted in parallel 
and given the same priority as other areas of negotiation, thereby achieving a balance in the 
interests and diversity of the economies of the Members. We reject any call to give higher priority 
to other negotiations.  
 
The COVID -19 pandemic has highlighted the key role that services play in facilitating trade in goods, 
including agricultural goods, which can be seen in the increase in online supply services, 
telecommunications and computer services. The creation of conditions conducive to tra de in services 
is part of the package of measures that will lead economic recovery.  
 
We appreciate the efforts made by the Chair and Ambassador Chambovey in his capacity as 
Facilitator in the negotiations to eliminate fisheries subsidies.  
 
There is still a  great divergence of positions. It is clear that the only way to achieve a highly ambitious 
agreement is by showing flexibility and pragmatism, but above all through the strong determination 
to have an effective outcome consistent with the mandate.  
 
My del egation, together with the five other Latin American countries known as "Los 6LATS", will 
continue to be committed and to work hard to conclude this negotiation with an ambitious outcome 
that will benefit our oceans.  
 
11. China  
 
As a newcomer, I am honoured to  join the Geneva family and look forward to working with all 
colleagues in the coming years. My predecessor Xiangchen mentioned in his farewell statement last 
December, that together for the past 3 plus years, he and everyone here had pulled through the 
most challenging times in the history of the multilateral trading system, but he believed the coming 
Spring in Geneva will be splendid. I would extend my sincere gratitude and appreciation to him and WT/GC/M/190  
 
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  every colleague here for your dutiful devotion and persist ence in such difficult times. The magnolia 
tree Xiangchen planted in the garden is full of flowers bud now. the Spring of Geneva is coming and 
we are also looking forward to a WTO full of vigour and vitality.  
 
Tomorrow will be the first full moon day of the Chinese New Year. It will also be the Chinese Lantern 
Festival. On this very day, people will light lanterns to pray for good. We sincerely wish, that with 
the first woman and African Director General coming into office and the joint efforts of the ent ire 
membership, the WTO will be able to deliver fruitful harvest, in the year of Ox which symbolizes 
diligence, resilience and fortune.  
 
2021 marks the 20th anniversary of China 's accession to the WTO. In the past two decades, we have 
made remarkable achie vements in both economic development and people 's life. All these great 
changes should attribute to the country 's unremitting reform and opening up, people 's diligence and 
hard work, as well as the gradual integration into the global economic system. Howev er, we still face 
various domestic problems of imbalanced and inadequate development, and the future development 
tasks remain heavy. Nevertheless, China will continue to make efforts to play the positive, 
constructive and responsible role in the WTO, and t o assume obligations commensurate with our 
capability.  
 
This year we have a long to --do list aiming at a successful MC12.  
 
Among all tasks, we have to show that WTO is an important part of the solution in responding the 
pandemic. We should have concrete ou tcomes in this regard.  
Besides, achieving sustainable development is a common cause for all. The conclusion of fisheries 
subsidies negotiations should be the top priority, hopefully prior to the Ministerial. The initiative of 
trade and environment deserves  to be further explored. In this regard, China, together with some 
other members, launched the open --ended informal dialogue on plastics pollution and 
environmentally sustainable plastics trade last November, and we call upon more members to join 
this effo rt. 
 
JSIs' negotiations are also promising. We should make our efforts to conclude negotiations, or 
achieve concrete outcomes, on JSIs like services domestic regulation and investment facilitation.  
 
Agriculture is always an important issue. Members should find the permanent solution for PSH. 
Meanwhile, we should deliver outcomes on G90 's S&DT proposal to ensure that the development 
dimension continues to be the core of this organization.  
 
Last but not least, China is of the view that all those possible deli verables rely significantly on the 
full function and smooth operation of the system. With a good start of DG 's appointment, we should 
restore the Appellate Body at the earliest stage. Otherwise, any new rule --making will become less -
-motivated and meaningl ess. 
 
Dear colleagues, "The strong pass of the enemy is a wall of iron; yet with firm strides, we are 
crossing its summit." It means, that however difficult it might seem, the challenges will be overcome. 
We now have a fresh start for the new year. Let us forge ahead with strong determination, and show 
the world a functioning, credible and relevant WTO.  
 
12. Norway  
 
Thank you for the challenging introductory remarks, and thanks to the chairs for their reports on 
the state of play. This is a good opportunity to take stock and look ahead towards MC12, and to 
reflect on what might realistically be achieved and how we may get there. Permit me to highlight 
three priority areas.  
 
My first point is that MC12 will have to address the pandemic. The pandemic represents a  global 
challenge that can only be addressed effectively through international cooperation using a variety of 
tools. I believe that we all share the objective of securing equitable and affordable access to 
diagnostics, vaccines and medicines. Norway suppor ts international initiatives like COVAX, C -TAP 
and the multi -stakeholder ACT -A, and encourage other Members in a position to do so to join us.  
 
The multilateral, rules -based trading regime is part of the toolbox available to the global community, 
and trade  is part of the solution. In this context, the trade and health initiative taken by the Ottawa WT/GC/M/190  
 
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  group provides an excellent basis. Norway is looking forward to engaging with other members and 
the Director General on how the WTO can best contribute to mitiga te the effects of the ongoing 
pandemic, to recover from the pandemic, and to be better prepared for the future.  
 
My second point is the need to conclude the negotiations on fisheries subsidies as soon as possible. 
Given the difficult issues remaining, there is an urgent need for a more solution -oriented and 
pragmatic approach from Members. We must also use alternativ e negotiating formats that may be 
more conducive to making progress. We agree that smaller formats facilitate deeper and more 
interactive discussions, at the same time as the fundamental principles of inclusiveness and 
transparency will have to be respecte d.  
 
My third point is that we need to address WTO reform at MC12. At this stage however, views on 
what reform should mean, and what may be achieved, seem to diverge widely within the 
membership, and we tend to talk past one another rather than to each oth er. We need to discuss 
seriously about what may constitute a common ground for dealing with reform at MC12 and beyond.  
 
For our part, we believe reform needs to address all three pillars. Restoring a fully functioning dispute 
settlement system is fundamen tal. But we also need to continue our efforts to improve the efficiency 
of our work across our established structures. And finally, we need to pursue our rulemaking efforts 
with renewed energy.  
 
I have already touched upon the negotiations on fisheries su bsidies. Let me also point to the 
importance of the various Joint Statement Initiatives. While plurilateral approaches do not represent 
the preferred avenue, they have injected new energy into this organization. Next week we will have 
the first session of the Structured Discussions on Trade and Environmental Sustainability. The variety 
of members participating shows that we share the concern about environmental and climate 
challenges. We believe that this initiative is another opportunity for the WTO to dem onstrate that it 
is a relevant organisation for the 21st century, and we will work towards concrete deliverables at 
MC12.   
 
Much work remains to be done towards MC12. Let 's get to work.  
 
13. Hong Kong, China  
 
Hong Kong, China is delighted that 2021 has brought about a good start and positive changes.  We 
welcome heartily the confirmation of the appointment of the new Director -General earlier this month 
and look forward to working under her leadership, together with other Members, to tackle the 
systemic an d priority issues at hand.  
 
Today, I would just focus on three issues: fisheries subsidies, e -commerce and investment 
facilitation for development.   
 
On fisheries subsidies, I would like to thank in particular the Chair of the Negotiating Group on Rules, 
Ambassador Wills, for his untiring efforts in leading the text -based negotiations and keeping the 
momentum of the negotiations.  Our thanks also go to Ambassador Chambovey, as Friend -of-Chair, 
for his facilitating role in the discussions on special and diff erential treatment and his renewed efforts 
in trying to find landing zones.   
 
While we are still in February now, two clusters of meetings have already taken place this year, 
covering some key provisions of the core disciplines.  We, however, note that posi tions among 
Members remain vastly divergent, in particular in respect of the core disciplines, which are complex 
and closely linked to international law and Members ' own fisheries management regimes.  So much 
work remains to be done.   
 
Going forward, we exp ect that more intersessional meetings will be held to allow for more thorough 
discussions on all the important disciplines.  Small group meetings will also help, and we would like 
to highlight the principle of openness, transparency and inclusiveness in thi s respect.  With MC12 
just ten months away, time is not on our side.  We would encourage Members to make extraordinary 
efforts to work in good faith and constructively for progress.  Hong Kong, China reaffirms our 
commitment to concluding the negotiations ear ly with a meaningful outcome.  
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  On e-commerce, we would like to congratulate the three co -convenors from Australia, Japan and 
Singapore on the issuance of a consolidated text in December last year.  The negotiations have made 
further headway at the meeting h eld earlier this month, achieving the first "clean" text on the issue 
of unsolicited commercial messages.  Members also agree to accelerate work in the remaining areas 
where convergence is in sight so that we may move on to focus on the more challenging iss ues 
early.   
 
Hong Kong, China remains committed to this Joint Initiative and to working flexibly in a combination 
of plenary, focus group and small group meetings.  This has shown to be an efficient process, while 
preserving the key principles of openness, transparency and inclusiveness.  Members should also 
bear in mind the possibility of seeking ministerial engagement in the run -up to MC12, so as to 
provide further political impetus and resolve issues where views are still divergent.  
 
On investment facilitation for development (IFD), I would like to express our gratitude to the 
Coordinator, Ambassador Francke of Chile, for his leadership and tireless efforts in steering the 
negotiations.  We are pleased to note that the negotiations in t he past months has been productive 
and that Members are making good progress in streamlining the text on substantive issues such as 
transparency and simplification of investment procedures.  The intersessional and small group 
meetings have helped intensify discussions and have enabled Members to resolve their differences 
in complicated issues.   
 
Hong Kong, China supports the Coordinator 's plan to continue with the negotiations in different 
formats and his mid -term objective of circulating a compilation of re vised text that would serve as 
the main basis of drafting.  We will continue to work with the Coordinator and Members in advancing 
the negotiations, with a view to achieving a substantive outcome in MC12, and ultimately producing 
an IFD agreement that provi des meaningful facilitation to investors.   
 
14. Chile (Structured Discussions on Investment Facilitation for Development)  
 
In line with the open, inclusive, and transparent nature of the initiative, I am pleased to update 
Members on the latest developments reg arding the Joint Initiative on Investment Facilitation for 
Development.  
 
Currently 106 Members – including many developing and LDC Members from all geographical regions 
– are participating in the negotiations launched last year, with several non -participat ing WTO 
Members attending the meetings as well. All WTO Members are invited to the meetings, and 
documents are circulated to all Members.   
 
Since the last report to the HODs in mid -December, the initiative has held two meetings so far this 
year. Participan ts are very engaged and making good, solid progress.  
 
At the first meeting, held on 25 -26 January, participating Members endorsed the Work Plan for the 
first half of 2021. It foresees monthly two -day meetings – and one -day intersessional meetings in -
betwee n them, to be scheduled as needed. The Work Plan also foresees additional work in 'small 
groups' to make progress on key issues – including on scope and the 'firewall' provisions. To ensure 
transparency and inclusiveness, small groups are open to all, part icipants and non -participants; and 
they regularly report to the plenary.  
 
At the January meeting, Members reviewed the 'Revised draft text', circulated to all Members under 
my responsibility, which covers those provisions where discussions are more advance d. Thus far, 
the 'Revised draft text' - based on Members' proposals and ongoing discussions – covers provisions 
in four Sections, namely on: 'transparency of investment measures'; 'streamlining and speeding up 
administrative procedures'; domestic regulator y coherence and cross -border cooperation; and 
institutional arrangements.  
 
At the second intersessional meeting held on 9 February, participants focused discussions on key 
transparency provisions, and the so -called "firewall" provisions – aimed at insulat ing the future 
investment facilitation for development framework from international investment agreements.  
  
Discussions on the "firewall" provisions were based on a text contribution prepared by the Facilitator 
of the "Discussion Group on Scope -Firewall" – open to all interested Members.  I wish to thank its WT/GC/M/190  
 
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  Facilitator - Manuel Chacón, from Colombia – for his hard work, and the group's members for their 
constructive spirit.  
The priority for the months ahead is to continue advancing on drafting the future p rovisions, ensuring 
consistency throughout the text, and building further convergence among participating Members.  
My intention is to continue preparing 'Revised draft text' with the mid -term objective to consolidate 
all 'Revised draft text' into one text  to be circulated around Easter.  
 
While this is a 'pro -multilateral' initiative – we remain mindful that not all WTO Members are on 
board. The aim is to ensure that the text is developed "bottom -up" – by participating Members – 
taking into account the int erests and concerns of all.   
 
With that in mind, I have been reaching out to the representatives of the regional groupings and 
other major groups to provide channels for Members to express their views – including concerns 
they may have.  
 
The JSI participants' goal is to achieve a concrete outcome by MC12.  
 
I want to thank once again participating Members for their commitment and constructiveness.  
 
15. Chile  
 
Last week, we agreed on the appointment of the new Director -General at a General Council meeting 
marked by a degree of enthusiasm from Members and enthusiasm for a new chapter to be opened 
in the organization. We hope that this spirit continues to be seen in the preparations for the next 
Ministerial Conference. This enthusiasm should be channelled to achieving tangible results at MC12.  
 
We need to start to talk seriously on how we can move forward to building the necessary consensus. 
In that sense, I am no t sure if repeating well -known positions in the various Negotiating Groups is 
the most productive way of making progress. We need to make the most out of all available 
opportunities such as today's meeting to start a good faith negotiations. On our part, w e remain to 
constructively engaged in these processes and contribute to achieving such goals.  
 
16. Republic of Korea  
 
Korea has always been an avid supporter of the multilateral trading system, which has rewarded us 
with economic prosperity and stability over the past decades. This system is now under grave stress, 
with updates of the rule -book long overdue, and economic vulnerability exacerbated due to the 
COVID -19 pandemic.  
  
At this critical juncture, the WTO needs to show that it can evolve and adapt to ec onomic realities 
that businesses face. The WTO needs to be more relevant, responsive, and efficient in rebuilding 
trust in the multilateral trading system.  
 
Among others, for the WTO to remain relevant, it should revitalize its negotiating function by 
providing a negotiating forum as was envisioned by the Members in the Marrakesh Agreement.  
 
In this sense, we see the parallel progression of multilateral negotiations and Joint Statement 
Initiatives very timely and essential. Moreover, Joint Statement Initi atives touch upon innovative 
and inclusive topics of major impact to global trade. These negotiations are open to all WTO Members 
and are making efficient progress, raising expectations for fruitful outcomes in the coming months.  
 
Korea has been construct ively taking parts in all the negotiations, including fisheries subsidies and 
agriculture, and has also played an active role in Joint Statement Initiatives on E -commerce, 
Investment Facilitation, Services Domestic Regulation, and MSMEs.  
 
In this vein, I would also like to commend each Chair and Coordinators of the ongoing negotiations 
for their tireless efforts and strong commitment for making considerable advancement in the midst 
of dire situations caused by the pandemic.  
 
In addition to the ongoing negotiations, the WTO must also be more responsive to global challenges 
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  forefront of discussion, as well as measures to tackle climate ch ange and other environmental issues. 
Korea welcomes Members ' greater attention to trade related health and environmental issues, and 
looks forward to further development on new initiatives.  
Korea has high hopes that the new Director General, as the Chair of the TNC, would closely interact 
with Members to help resolve key issues and accelerate ongoing negotiations. We will closely 
communicate with her under different configuration of groups and issues.  
 
Last but not least, I express my deep appreciation for  the work and service the DDGs and the whole 
Secretariat team have rendered during this challenging period.  
 
17. Chinese Taipei  
 
My delegation would like to first express our sincere gratitude to you and the Chairs of the 
Negotiating Groups for the updates and  efforts, and to the Secretariat and all Members for their hard 
works and participations.  
 
With the new DG assuming her office next week, we trust that new political momentum will be 
brought to the WTO to help find landing zones on critical issues.  
 
Facing the major impact of the pandemic to the global economy, we share with the new DG 's 
emphasis on trade and health as one of the most important issues at present time. The WTO can 
play an important role in ensuring the global supply chain of critical medica l products and in making 
available the vaccines for all Members in need. We are also glad to see Members ' extensive 
engagement in the discussion of the Trade and Health Initiative to make it a concrete result of MC12.  
We agree with the urgent needs of the AB reform. We look forward to a possible work program on 
the dispute settlement reform as a breakthrough to address the substantial concerns of Members at 
MC12. At the same time, some useful WTO 's existing tools such as mediation and arbitration for 
disput e settlement are currently under -used. They may be good complementary mechanisms and 
alternative options to resolve trade disputes.  
 
On the time and venue of MC12, we look forward to a decision at the coming GC next week. It is 
both realistic and ideal to hold MC12 in Geneva at the end of this year. Without a doubt, concluding 
the multilateral fisheries subsidies agreement will be the most important achievement of MC12. We 
have demonstrated our flexibilities on certain key issues and submitted some discussi on papers to 
facilitate the negotiation process. In the recent round of talk last week, there was an encouraging 
development. We urge Members to continue finding and showing flexibilities to narrow the 
divergence and ultimately form the rules to prohibit h armful subsidies.  
 
As part of the reform to modernize the WTO rulebook, we recognize the momentum brought from 
the Joint Statement Initiatives (JSIs) negotiations to strengthen the WTO 's negotiation functions. 
We believe that the WTO needs to find a creati ve way for plurilateral agreements to be integrated 
into the multilateral architecture. The outstanding progress on the initiatives of e -commerce and 
digital trade, domestic regulations in trade in services, and investment facilitation for development, 
MSMEs, and trade and environment, among others, are significant evidence to show that many 
Members expect the WTO to be a living organization to adapt to the changing world and to benefit 
world trade and economy. My delegation is committed to actively partici pate in these negotiations 
and contributing to the modernisation of the WTO.  
 
On WTO reform in a broad sense, we should be both ambitious and realistic in setting the goals and 
agenda. We will work with the new DG and Members on a gradual and step -by-step approach to 
discuss meaningful reform agendas. We look forward to jointly make the WTO revive and moving 
toward to a fruitful MC12 in front of us.  
 
18. Iceland (Informal Working Group on Trade and Gender)  
 
As a co -chair of the Informal Working Group on Trade a nd Gender I would like to report on the 
ongoing work.  
 
The second meeting of the informal working group will be held tomorrow 26 February.  
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  The working group is open to all members and seeks to work in a transparent and inclusive manner 
with a view to allowing more members to join.  
 
Meetings are held every second month with some flexibility for more frequent meetings when 
needed, for instance when preparing for ministerial meetings.  
 
There are four fixed items on the agenda of the IWG:  
 
• Share best pra ctices among members on increasing women's participation in trade.  
 
• Considering a concept and scope for a gender lens in the context of international trade 
and review how a gender lens could be applied to the work of the WTO.  
 
• Review and discuss gender -related analytical work produced by the WTO Secretariat 
and other stakeholders.  
 
• How we can contribute to the Aid -for-Trade work programme.  
 
In the meeting tomorrow the WTO Secretariat and the World Bank will present their joint Report 
titled "Women and Trad e. The role of trade in promoting gender equality. " The aim of the report is 
to assess the potential impact of trade policy on both women and men and to develop appropriate 
policies to ensure that trade contributes to enhancing opportunities for all. The r esearch is based on 
new analysis and data broken down by gender.  
 
At the meeting Canada will present a proposal outlining a roadmap to help guide the work of the 
IWG in the lead up to MC12. This proposal is based on the agreed work pillars of the Informal  
Working Group.  
 
The meeting will also focus on experience sharing and three members have indicated that they will 
have presentations at the meeting, namely Australia, Canada and Chile, to share their experiences 
of policies to increase women 's participati on in trade.  
 
19. Iceland  
 
Fisheries  
 
First our thanks to Ambassador Wills for his leadership in the fisheries negotiations and our thanks 
to Ambassador Chambov ey for leading the discussions on S&DT.  
 
Despite renewed efforts and engagements from member states the WTO did not deliver a fisherie s 
agreement in 2020 as mandated by the United Nations.  
 
Although the aim of the negotiations seems fairly simple, the reality is clearly far from easy.  
 
We want an agreement to prohibit certain form of fisheries subsidies that contribute to overcapacity 
and overfishing as well as subsidies that contribute to IUU fishing – recognising that S&DT will be 
an integral part of the solution.   
 
Fisheries is one of the main pillars of the Icelandic economy, and for all of us that depend on fisheries, 
responsible, s ustainable fisheries by all are the prerequisite for fisheries to continue to contribute to 
our livelihood and wellbeing.  
 
These negotiations are therefore a matter of great importance to all of us. We are reaching a turning 
point and we must avoid repeat ing mistakes of the past. MC12 is the new deadline ahead of us – 
and this one cannot be missed.  
 
Discussions must be carefully sequenced, so no more time is lost. We support the work programme 
set forward by Ambassador Wills.  There is no doubt that moving  to text -based negotiations has been 
crucial and brought our discussions to a new level. Discussions in smaller groups are also helpful 
and should be continued.  
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  20. Argentina  
 
Faced with a pandemic whose impact does not stop, Argentina understands that it is vital to deepen 
dialogue and international cooperation. To say that the pandemic is having disproportionate 
consequences in developing countries may be a generalist descript ion but it is no less true.  
 
The WTO must be part of the response and contribute to the fight to combat the pandemic; we 
support interventions that referred to access to medical products.  
 
We are convinced of the benefits of the multilateral system and we believe in trade as the engine of 
development. It is time to generate results on long pending issues, starting with agriculture and 
fisheries subsidies. Given the central role of these sectors in most developing countries, addressing 
current imbalances is key to contributing to inclusive growth and development.  
 
It is imperative that we make real progress in agricultural discussions. Agriculture as an activity has 
undergone notable changes; however, trading rules remain anchored in the 20th century. Levelling 
the playing field is essential for a more open and less distorted agricultural market. In this sense, 
and without ignoring the relevance of other issues, we are in favour  of focusing on the issues with 
the greatest impact, such as domestic support.  
 
We know that the high level of subsidies to the fisheries sector has distorted the cost of fishing and 
artificially increased profits in this sector, contributing among other things to illegal fishing and 
overcapacity. We urge Members to set aside in this discussion on fisheries subsidies positions that 
lack sufficient support and to work collectively in a constructive spirit. We reiterate our support to 
Ambassador  Wills and we recall the proposals presented by the 6Lat Group.  
 
At the institutional level, w e are pleased that as of Monday we will once again have a General 
Director; it is a source of pride and we hope it will bring new momentum to the discussions at the 
WTO. We also hope that the vacancies in the appointments of the members of the Appellate Bo dy 
can be resolved as soon as possible.  
 
How little or how much we can achieve at the next Ministerial Conference depends on our flexibility, 
our commitment and the pragmatism that we can apply. Argentina is ready to make its contribution 
to a balanced reg ulatory framework that promotes sustainable growth and inclusive development.  
 
21. Australia (Joint Statement Initiative on Electronic Commerce)  
 
I will first provide a report on work under the Joint Statement Initiative on Electronic Commerce on 
behalf of th e co-convenors: Australia, Japan and Singapore.  
 
Since our last report in December, the JSI has met once, on 5 February this year. At the meeting, 
participants welcomed the clean text achieved on spam – the first clean article achieved in the 
initiative. This reflects the ongoing good momentum in the negotiations.  
 
The meeting included updates from other small groups to ensure transparency and a constructive 
facilitator -led discussion on facilitating electronic transactions.  
 
We facilitated a stakeholder -led webinar on 18 February exploring, from a consumer perspective, 
the intersection between source code disciplines and AI -regulation.  
 
Looking ahead, we will hold monthly plenary meetings in the next few months, and small groups will 
remain an important tool for driving progress. We are aiming to achieve around 10 clean articles by 
the summer break.  
 
The JSI remains open, transparent and inclusive: meetings are open to all WTO Members and papers 
are available on the WTO portal.  
 
2021 will be a critical y ear for the negotiations. With the COVID -19 crisis increasing the urgency of 
our work, we will need to make big strides forward if we are to deliver meaningful outcomes quickly 
as demanded by stakeholders. We look forward to responding to this challenge wi th all participants.  
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  22. Australia  
 
There is hope in the air, but we need to channel it wisely.  
  
There is much to do to both repair the system and mobilise it to achieve some wins at MC12 in 
December, where hopes are now rightly focused.  
 
System repair is of fundamental importance to bring all the pillars of the WTO back to health.  
  
It requires us to reaffirm our commitment to an enforceable dispute settlement system with an 
appellate function; with an emphasis on dialogue in the reform agenda over 2021.  A healthy dispute 
settlement system is of foundational importance to the health of the rules -based trading regime.  
 
System repair also requires us to make changes to the way we approach Special and Differential 
Treatment which we see as an essential tool to enable the effective incorporation of developing 
countries and LDCs, to the global trading sys tem. Without a measured and careful approach to this 
issue we will simply fail to make the most of gains from trade and fail to conclude a number of long 
running negotiations we have underway.  
 
And system repair requires us to improve the way we handle the  monitoring and transparency 
function, to improve the role of peer pressure on policy, to ensure our business communities can 
navigate the measures that do arise, and help restore the trust we need to re -establish among 
Members about adherence to obligatio ns. 
 
System -mobilisation – or getting rule -making going again – is our most urgent task.   
 
Put plainly, the WTO needs some runs on the board, and urgently.  
 
Combatting the health effects of the pandemic will be a priority.  We must make a practical differen ce 
to fast and equitable vaccine delivery across the globe, including through the trade and health 
initiative put forward by the Ottawa Group and by engaging with other ideas, such as those proposed 
by our incoming Director General.  
 
It is pleasing there i s strong momentum behind a range of plurilateral rule -making initiatives.  
Australia sees strong prospects for all the Joint Statement Initiatives, which collectively are backed 
by more than two thirds of the membership.  Services domestic regulation negotia tions are well 
advanced and ripe for a prompt conclusion; e -commerce is a priority for many of us and for our 
businesses and work is progressing solidly.   
 
On the multilateral negotiations, we are committed to an outcome as soon as possible on fisheries 
subsidies, but without a clear commitment from major subsiders to a genuine shift from the status 
quo there will be questions raised on our ability to deliver.  
 
On agriculture, reducing trade -distorting domestic support is the priority for the vast majority of 
WTO Members. This means making decisions – collectively. It does not mean simply establishing a 
work program, which would only send us back to square one.  The Cairns Group continues to show 
leadership in mapping out a possible way forward and we call on  all members, including the largest, 
to engage in this work now.  It is essential that at MC12 Ministers provide strong guidance on 
parameters for finalising domestic support negotiations by MC13 including on the important issue of 
cotton.   
 
In tackling thi s work we 'll need to sequence and prioritise our efforts carefully, and tread gingerly, 
and avoid system overload of system overload.  
 
Part of the task is ensuring we work with our new talented Director -General and with Ministers 
carefully to ensure we prepare the ground carefully for December.  
 
We will need to plan and schedule dedicated opportunities for ministerial and vice -ministerial 
engagement throughout the year and work assiduously in Geneva to ensure issues are ripe for their 
input.   
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  We are con vinced that MC12 can be a moment of renewal for this organisation and that we can 
secure some important – and much -needed - wins this year.   
 
We look forward to working with others to that end.  
 
23. Jamaica (ACP)  
 
The WTO has opened a new chapter with the appo intment of a new Director -General, the first 
Director -General from the ACP Group. We therefore have high expectations that through her 
facilitation, we will move forward with our negotiating agenda in a balanced, fair and development -
oriented manner.  
 
On fisheries subsidies, an outcome should be an effective policy tool in the global fight against IUU 
fishing and global fish stock depletion. The ACP Group reaffirms its commitment to the 
implementation of SDG 14.6 and the MC11 mandate. Targeting major subsid izers and large -scale 
industrial fishing should be the priority of the negotiations.  
 
An outcome should provide adequate policy space for developing countries and LDCs to develop 
their fisheries sector responsibly and sustainably at their own pace without  WTO scrutiny as well as 
facilitate the narrowing of the development divide between the fisheries sectors in developed and 
developing countries. The ACP Group cannot accept transition periods alone with technical assistance 
and capacity building. Neither c an we accept that Article 5.2 provides enough policy space for 
developing countries when that provision is a disguised exemption for large subsidizers.  
 
An outcome must ensure that sovereign rights of Members are respected, national judicial processes 
are unfettered, implementation is not more burdensome than necessary to achieve our sustainability 
objective, the provisions remain within the competence of the WTO and there is policy space for 
small scale artisanal fishing. The negotiating process including  removal of brackets should adhere to 
a long standing principle of decision by consensus.  
 
On agriculture, an outcome package at MC12 should include PSH, SSM, cotton and trade distorting 
domestic support particularly as it relates to eliminating AMS above de minimis. We have engaged 
with proponents of the proportionality on overall cap proposals. But we are not convinced that those 
approaches accommodate the unique circumstances and concerns of ACP Group members.  
 
Given the thrust towards rural development  and agriculture reform in capitals, we cannot agree to 
the changes to Article 6.2. We need to study the impact of the pandemic on agricultural production 
and trade. But given that data for the pandemic period are not yet available, we cautioned against 
unrealistic expectations for developing countries and LDCs to make significant concessions at this 
time as they will require agricultural policy space to help accelerate post pandemic recovery efforts.  
 
The services sector is significantly impacted by the pa ndemic. The spill -over effects reverberate 
through economies especially for ACP Members whose economies are dominated by sectors such as 
tourism and travel services. We have submitted a communication in the CTS SS in document 
JOB/SERV/305. The communicatio n looks at vulnerable service sectors affected in ACP Members as 
well as the challenges and opportunities. There is scope for the WTO and individual to enhance 
collaboration including in improving digital capabilities in order to drive recovery in sectors such as 
healthcare, education and trade facilitative services.  
 
The ACP Group looks forward to presenting the submission during the next CTS SS and to continuing 
our positive engagement with other Members particularly on the sectors identified in our 
communication. We also encourage Members in the CTS SS to engage in a ccordance with the 
mandate and consistent with GATS Article XVIX especially as it relates to the built in flexibilities for 
developing and least developed countries.  
 
On S&DT, we prioritize outcomes at MC12. We welcome Members' interactions on the G -90 proposals 
in the CTD SS. We will continue to look at the proposals individually with Members and calls for 
flexibility and constructive engagement given the importance of S&DT in assisting developing 
countries and LDCs to enhance their integration in the glo bal economy and global value chains.  
 
In the area of intellectual property, the pandemic is wreaking havoc on our economies, society and 
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  most durable solution . The WTO has an important role to play in facilitating swift, timely, affordable 
and equitable access to the vaccines and therapeutics to combat the pandemic. We thank the 
proponents of IP/C/W/669 and agree with its general objective. The ACP Group urges constructive 
dialogue and flexibility to arrive at an outcome on this very critical issue.  
 
We acknowledge that LDCs continue to face their structural and institutional constraints in the 
application of the TRIPS Agreement. We support an extension of the transition period for LDCs under 
Article 66.1 and calls a special consideration to be given to recently graduated LDCs.  
 
On reform, the Group renews its call for a comprehensive dialogue on the structure, scope and 
objectives of WTO Reform. The piecemeal one-sided approach in which the discussions are being 
undertaken fuels an atmosphere of distrust and a feeling that the process is neither transparent nor 
inclusive.  
 
The process on substance of reform should reflect the development dimension of internati onal trade, 
accelerate the attainment of SDGs, be pursued on a fair, transparent and equitable manner and, 
importantly, reinforce the core development principles framed in the Marrakesh Agreement.  
 
It is time to resolve the Appellate Body impasse. A two -tiered, transparent, independent dispute 
settlement system as envisaged by the DSU is critical to the functioning and credibility of the WTO. 
Unilateral actions is not the way forward.  
 
We once more congratulate Dr. Ngozi Okonjo -Iweala on her appointment an d pledge our support 
and commitment for her leadership. We stand ready to join hands with her to pursue a transparent, 
open, inclusive and rules -based multilateral trading system with the WTO at its core institution.  
 
24. Egypt  
 
Let me start by extending my heartfelt congratulations and full support to Dr. Ngozi Okonjo -Iweala, 
while wishing her every success as WTO Director -General.  We commend the Deputy Directors -
General for their commitment and diligent efforts to steer the WTO during this transitional period.  
 
I also thank you Mr. Chairman and the Chairs of the Negotiating Groups for your reports and efforts 
in pushing negotiations forward.  
 
Egypt endorses the statement by Ambassador of Mauritius on behalf of the African Group.  
 
Egypt believes that in order for the WTO to remain relevant, it must actively contribute to the global 
response in face of the current global crisis stemming from the unprecedented challenges posed by 
the COVID 19 pandemic, especially in developing and t he least developed countries, in addition to 
laying the groundwork for a fair and equitable global economic recovery.  
 
In this regard, Members must prioritize reaching a decision to adopt the TRIPS waiver proposal to 
ensure equitable and timely access of COVID -19 vaccines.  Egypt and the increasing number of co -
sponsors of this proposal shall continue their outreach efforts to convince all Members to support 
this waiver, and urge them to constructively engage in text -based negotiations on this iss ue in the 
TRIPS Council.  
 
As for other imminent priorities, especially after appointing the new DG, we must decide on the date 
and venue of MC12 at the earliest convenience to provide more clarity on the timeframe of our work, 
and enable us to set realisti c goals.  
 
In addition, we need to expeditiously find a solution to the Appellate Body crisis, in order to revive 
the dispute settlement function of the WTO.  
 
Another pressing priority that will also help in restoring the credibility of our organization i s the 
conclusion of the fisheries subsidies negotiations. We reiterate that our common objective is 
maintaining and promoting fisheries sustainability. However, we must acknowledge that Members 
have different capacities to do so.  
 
With this understanding,  our main focus should be disciplining large -scale industrial fishing 
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  the scope of our discussions, given its bearing on food security, as well as its mi nimal impact on fish 
stocks sustainability. Additionally, appropriate and effective special and differential treatment for 
these countries has been recognized in SDG 14.6. and must be an integral part of our long overdue 
agreement on fisheries subsidies.  
 
In our view, key priorities for MC12 should focus on:  
 
• First: reaching outcomes in agriculture negotiations that would contribute to facing the 
growing challenge of food insecurity that is being further exacerbated by the pandemic, 
especially in NFIDCs and  LDCs.  
 
• Second: ensuring the effective implementation of special and differential treatment for 
developing and least developed countries to support their efforts to achieve industrial 
development and economic diversification. We call for constructive engag ement from 
all our development partners in the CTD -SS to move forward with the G90 proposal.  
 
• Third: deciding on the future of the two moratoria concerning electronic commerce and 
TRIPS non -violation complaints.  
 
• Last but not least: agreeing on a balanced "Reform Agenda " that promotes development 
and inclusivity to guide our post MC12 work.  
 
To conclude,  I believe we should continue our work in good faith and have frank discussions to reach 
a common understanding of the issues where we can have deliverables  at MC12. We also need to 
be realistic in assessing what can be done and what could be further developed in the longer term 
taking into consideration capacity constraints of developing countries and LDCs, especially due to 
the impact of the pandemic and th e resulting global economic crisis.  
 
25. United Kingdom  
 
Thank you to all the Deputy Directors -General for the way you have safely stirred this organization 
during the interim period. I am going to be brief. I have an excellent statement to read to you. But 
I am not going to. You have heard most of it before and several times. Instead, I am going back to 
my national authorities to say we need a new approach this year. This year is the year we need to 
show political will, to make meaningful compromises, to work  across the whole Membership and to 
bring negotiations to conclusion.  
 
This is the year the WTO needs to show it is relevant for bringing this pandemic to an end and 
building back the global economy better and stronger. I hope that it is not presumptuous o f me to 
say that I hope colleagues here today will do the same. We have a golden opportunity for a new 
beginning with our excellent new Director -General. We have the chance to make this organization 
relevant again, to do work here that benefit our citizens  and makes our lives better and help them 
recover from this pandemic. We should seize it.  
 
26. Japan  
 
This year is a critical year to decide the future trajectory of the WTO. MC12 will be held within this 
year. We have just appointed Dr. Ngozi Okonjo -Iweala as  the new Director General, and we must 
now accelerate our work for MC12 together with the new DG.  
 
First, on our mandated negotiation on the fisheries subsidies. It was regrettable that we missed the 
deadline last year, but it is a good sign that Members h ave already resumed an intensive text -based 
discussion under the leadership of Ambassador Wills and Ambassador Chambovey. We should 
redouble our efforts to conclude the negotiation in advance of MC12, and to do so, it is important to 
find a solution based on our mandate and the existing international fisheries regime.   
 
As Dr. Ngozi stated in her acceptance speech, "The WTO can and must play a more forceful role in 
exercising its monitoring function, " and Members should "minimize or remove export restrictio ns 
and prohibitions that hinder supply chains for medical goods and equipment. " In this regard, Japan 
co-sponsors the draft General Council Declaration on trade and health (JOB/GC/251) prepared by 
the Ottawa Group, and wishes other Members to join the Decl aration and other parts of our Initiative 
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  The COVID -19 pandemic also reminds Members of the importance of food security. The WTO needs 
to address the issue of maintaining food supply chains as a priority. Japan will continue to contri bute 
to the discussion on improving transparency and clarifying disciplines on export restrictions in 
agriculture. We hope to achieve a concrete outcome in this area by MC12.  
 
Another area in which we hope to see progress this year is trade and environment al sustainability, 
especially addressing climate change. Japan has declared that it will aim to achieve carbon -neutrality 
by 2050. The WTO should also play a role in achieving global carbon neutrality, and we look forward 
to activating the discussion at th e WTO toward MC12.  
 
Ensuring a level playing field remains a priority for Japan in order to mitigate the substantial trade -
distorting effects of subsidies and other domestic policies. We expect further discussion at the WTO, 
including strengthened rules on  industrial subsidies, SOEs, and forced technology transfer.  
 
The Joint Statement Initiatives will be a key part of the MC12 outcomes. We value the JSIs as an 
appropriate vehicle to respond to new challenges of the world economy in a flexible, pragmatic, and 
timely manner.  
 
E-commerce is playing a critical role in underpinning a rapid, post -COVID recovery, and will surely 
constitute a foundation for the future economic transition. The JSI e -commerce negotiations have 
already been active in small groups, bu ilding on the latest achievement of the consolidated text last 
December. Japan, as one of the co -conveners, calls for Members to intensify negotiations this year 
on key issues such as cross -border data flow.  
 
We will actively engage in other JSIs, in parti cular on services domestic regulation and investment 
facilitation. We can reasonably expect a conclusion of the negotiation on domestic regulation and 
substantial progress in investment facilitation by MC12.  
 
Last but not least, Japan remains concerned ab out the impasse of the Appellate Body. Members 
should swiftly restart the discussions toward a meaningful reform to restore the proper functioning 
of the WTO dispute settlement system.  
 
27. Singapore  
 
After a turbulent 2020 that was full of challenges not least from the COVID -19 pandemic, we finally 
find ourselves in 2021 with the possibility of turning a new page. After a hiatus, we finally have a 
new Director -General who will be taking up office in a few days. After years of deadlock at the  WTO, 
we have an opportunity to work towards consensus outcomes at MC12 which comes in less than a 
year. The runway is short and bumpy and before the plane can take off, we must all make necessary 
preparations.  
 
The first and most immediate task is to prio ritize. We must do a hardnosed  evaluation of what are 
the most realistic outcomes that we can achieve within the next eight to ten months and prioritize 
those for discussion.  
 
We are long overdue to deliver our fisheries subsidies negotiations and it is c rucial that we deliver 
on this. An outcome in this area will also be an important first step for the WTO to address the nexus 
between trade and sustainability.  
 
In the same vein, we also see the urgent need to restore the Appellate Body.  
 
The WTO should also advance the Trade and Health Initiative which will be a concrete demonstration 
of the WTO's ability to make a meaningful contribution to the global fight against COVID -19.  
 
Another priority will of course be the Joint Statement Initiatives which have  progressed steadily and 
are well placed to harvest some outcomes. In particular, the JSI on E -Commerce will be tackling the 
challenging issues of data and market access this year. We will need to diligently narrow the various 
options on the table and tap on MC12 to provide guidance.  
 
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  that we have to follow from now until December. This will enable Members to be prepared to engage 
in substantive negotiations and build up momentum.  
 
For example, there should be clarity on what we want to achieve for the General Council meetings 
in May, July, October and Decemb er so that we can identify gaps early and organize supplementary 
informal sessions or other meetings in variable geometry if necessary. This should apply across the 
board for all areas of work. We should also consider the Director -General's call to develop  a work 
programme for implementation of WTO reform issues that can be advanced at MC12.  
 
The third task that we must undertake now but which will bear fruit in the longer term is to revisit 
some first principles. After the long years of talking at instead of which each other, we have lost 
sight of the reasons why we all joined the WTO in the first place. The WTO has allowed us to harness 
as a force for good, lifting millions out of poverty and vastly improving standards of living.  
 
While deep differences r emained, we must not give up. Rather, Members must redouble our efforts 
to find creative ways to overcome our differences and find mutually agreeable solutions to bring 
benefit to all our citizens. To do this, Members must seriously re -evaluate our positio ns and ask 
ourselves whether we are pursuing national interest at the expense of systemic interest.  
 
For the WTO to succeed, Members must strengthen our commitment to look beyond our respective 
national briefs and consider the collective interest of the r ules-based multilateral trading system. 
Here, Members can work with the Director -General "in a transparent manner to build trust, build 
bridges, diffuse political tensions and encourage convergence."  
 
We certainly have our work cut out for us and the road  ahead will not be easy. In fact, the road will 
have bumps, cracks and obstacles. But in the end, it will get us somewhere. But where that 
somewhere will be depends on all of us – the WTO Members. My delegation and I will look forward 
to working closely wi th Members in the next few months to navigate this bumpy road and chart a 
path for a stronger and better WTO.  
 
28. Bangladesh  
 
Bangladesh endorses the statement delivered by Chad on behalf of the LDCs.  
 
Once again, we congratulate Dr. Ngozi for her election as the Director General of the WTO. We look 
forward to working with the new DG and extend our full cooperation to her and he r team in our 
collective journey to achieve a fair and transparent global trade regime that benefits us all.  
 
I join my other colleagues in thanking the distinguished Chairs of the different negotiating groups 
for their comprehensive presentations on the s tatus of negotiations in their respective areas. I cannot 
agree more that we need to make progress in the ongoing negotiations in order to strengthen a rule 
based multilateral trading system.  
 
We echo the views of others that marine fisheries, which is an  important source of food must be 
protected by prohibiting harmful subsidies, among others. We hope, all these concerns reiterated by 
many delegations before me would be taken into consideration in moving forward. Like most of us 
here, we wish to see compl etion of the ongoing negotiations on the Fisheries Subsidies Agreement 
before MC12.   
 
The LDC group has two submissions under consideration by relevant bodies of WTO.  The Group has 
submitted a duly motivated request at the TRIPS Council seeking an extensio n of transition period 
under TRIPS Article 66.1. The current transition will end on 01 July 2021. For all valid reasons, it 
needs extension. This time, the LDC group has proposed extension as long as a country remains in 
the LDC category plus 12 years afte r graduation. It is evident that these countries are yet to create 
a sound and viable technological base that was considered adopting the original text of the TRIPS 
Agreement Article 66.1. It is also most unlikely that these countries will be able to achie ve that 
sooner, in addition to their economic, financial and administrative constraints.  
  
The LDC group has also submitted another proposal at the General Council in the format of a draft 
MC decision proposing extension of LDC specific S&DT and other supp ort measures for LDCs for a 
period of 12 years after graduation. It is well understood, sudden loss of the ISMs and special 
treatments will put these countries under severe hardship. The COVID crisis only compounded the WT/GC/M/190  
 
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  vulnerability of this group of count ries. Also, we have to bear in mind that the graduation of an LDC 
does not remove the constraints all of a sudden that are considered for providing special treatment 
to this group at the WTO. The LDCs are not requesting anything new, but continuation of th e existing 
S&DTs and other ISMs a few more years to support smooth and sustainable transition of a graduated 
LDC. Bangladesh hopes that Members will favourably consider both submissions of LDCs as 
proposed.  
 
We are not sure when the pandemic will not end.  It is important that everyone from all corners of 
the world gets vaccine. We emphasis on unconditional, affordable, equitable and timely access to 
effective vaccine and other curative measures against the virus. This must be a priority undertaking. 
In the  same vein, production and distribution of vaccine and other medical equipment for prevention, 
containment, and treatment of COVID -19 should be open to all, irrespective of development status. 
The TRIPS or any other regulatory framework should not be a hin drance to access this most urgent 
public health needs of the humanity.  We hope that Members of WTO will engage constructively for 
a positive outcome on this issue.   
 
It is a common knowledge that the developing countries, particularly the LDCs need more fl exibility 
to integrate them into international trading system to achieve the goals of Marrakesh Agreement. 
In this connection, agreement specific S&DT proposals by G90 demand our special attention and 
positive consideration.  
 
Finally, we look forward to w orking closely with all members and engaging constructively in all the 
pending negotiations in the coming days for an early conclusion.  
 
29. Philippines  
 
As we welcome our incoming Director -General, Madame Dr. Ngozi Okonjo -Iweala, I would like to 
extend my del egation 's appreciation once again to all the four Deputy Directors -General —DDG Yonov 
Frederick Agah, DDG Karl Brawner, DDG Alan Wolff, and DDG Yi Xiaozhun —for providing timely 
leadership of the WTO during this very challenging year for the Membership and f or all the delegates 
here in Geneva. We thank you for your service and commitment to the multilateral trading system.  
 
We begin a new chapter of the multilateral trading system under a new DG, but it is far from a fresh 
start. The global once -in-a-lifetim e health crisis that is the COVID -19 pandemic remains as pervasive 
and invasive as ever. The economic impact of the COVID -19 pandemic continues to beset countries 
of all levels of development. At the same time, this organization continues to face a number of 
systemic and fundamental challenges in all three pillars of the multilateral trading system.  
 
It is a daunting task for the Membership, let alone a new DG, to overcome such challenges within 
the course of the year and to produce a successful outcome by the 12th Ministerial Conference in 
December. Early progress on key negotiating areas would be key indicator of our potential success 
in MC12.  
 
DDA Issues  
 
On the Rules negotiations on fisheries subsidies, the Philippines wishes to thank Ambassad or 
Santiago Wills for delivering the second revised consolidated text in RD/TN/RL/126/Rev.2 along with 
the explanatory note RD/TN/RL/126/Rev.2/Add.1 both dated 18 December 2020. The reflection of 
any incremental progress in the text is important. We, there fore, commend the work undertaken 
until now. The effort from Ecuador, Argentina and Chile to provide further clarification on artisanal 
fishing is appreciated and we could support it within the geographical limit of 12 nautical miles from 
the baseline. The  incoming Director General 's focus and the Member 's commitment to a concrete 
text-based deliverable for MC12 remain encouraging to build on momentum as we strive for 
consensus on various issues. We echo the Chair 's concerns and encourage Members to be flex ible 
and not remain entrenched in previously divergent positions so we may uphold our commitments to 
deliver on SDG 14.6 in a timely manner.  
 
On the agriculture negotiations, the Philippines appreciates and extends its support for the work 
undertaken by A mbassador Gloria Abraham Peralta in the CoA -SS. The facilitator -led discussions 
and technical presentations volunteered by Members in outreach activities have richly added to 
understanding each other's  real concerns and have encouraged in -depth dialogue an d cooperation. 
Looking forward to MC12, the Philippines remains committed to achieving outcomes on mandated WT/GC/M/190  
 
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  issues, especially PSH and SSM and an ambitious reform package on Domestic Support. We also 
commend the joint initiative on the non -imposition of ex port prohibitions to humanitarian purchases 
by the WFP (WT/L/1109).  Despite the pandemic, the Philippines is encouraged by the Membership 's 
agility and willingness in the agriculture negotiations to adapt to the changed circumstances, and 
looks forward to an eventful negotiating year in 2021.  
 
Joint Statement Initiatives  
 
The Philippines welcomes the continuous progress and the good start of the year in the various MC11 
Joint Statement Initiatives, specifically on MSMEs, electronic commerce, investment fac ilitation for 
development, and the Buenos Aires Declaration on Trade and Women 's Economic Empowerment, to 
which the Philippines is a signatory. We commend the dedication of the coordinators and 
participating delegations in setting up the respective roadmap s and work plans for this year to 
achieve substantial progress on these initiatives for meaningful outcomes at MC12.  
  
• On MSMEs:  We are pleased with the growing support among Members for the MSME 
package of recommendations and declarations adopted by the I nformal Working Group 
on MSMEs in December 2020, which is now endorsed by 94 WTO Members from different 
levels of development. The Philippines looks forward to continue working with other 
Members in building on and implementing the MSME Package towards ach ieving a 
multilateral outcome for MSMEs.  
 
• On E-Commerce: We recognize the significant progress in the negotiations of the trade -
related aspects of electronic commerce, particularly in finalizing a clean negotiating text 
on unsolicited commercial messages o r ¨spam¨. The Philippines appreciates the open, 
transparent and inclusive nature of the negotiations, including the work done in the 
small group discussions, in order to build on the momentum achieved so far and further 
streamline the negotiating text.  
 
• On Investment Facilitation for Development: We commend the progress in the ongoing 
round of negotiations on the development of specific provisions for a future agreement 
on Investment Facilitation for Development. The Philippines supports the roadmap 
approve d by the group defining target milestones for the first half of 2021 to achieve a 
substantive outcome by the next Ministerial Conference.   
 
• On Trade and Gender: We welcome the work being done in the Informal Working Group 
on Trade and Gender, and the Phili ppines stands ready to engage with Members for 
possible deliverable at MC12.  
 
Excellencies, it certainly goes without saying that this is a crucial year for the WTO. Let us build on 
the momentum of the historic assumption of our new DG, Dr. Okonjo -Iweala, and on the progress 
we have made thus far at the start of this year, as we work our way towards a successful outcome 
for MC12.  
 
30. Paraguay  
 
Paraguay wishes to congratulate the members of the troika  for transparently conducting the process 
that has culminated in the appointment of a new Director -General, a historic event that brings the 
first African woman to the helm of our Organization, an event  that we celebrate with the Membership. 
We wish Dr  Ngozi Okonjo -Iweala every success during her term of office.  
 
In this regard, Paraguay wishes to state its priorities for the organization's work during the coming 
months, with a view to MC12.  
 
The priority of the entire Membership must be to restore the Appe llate Body to its full capacity and 
launch the process for selecting its members without further delay, in order to improve the 
functioning of the dispute settlement system.  
 
Paraguay, as a landlocked country, faces enormous challenges on account of its ge ographical 
situation. In this regard, because of the particular features of our development, there is a need to 
preserve special and differential treatment in the negotiations for our country. We firmly believe that WT/GC/M/190  
 
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  the development component is a fundament al principle and right of Members, and the discussions 
on this theme should continue to be transparent and inclusive.  
 
Agriculture  
 
With regard to the agriculture negotiations, we continue to advocate a wide -ranging outcome that 
covers the various pillars of the Agreement on Agriculture in order to obtain the necessary balance 
that will enable a consensus to be reached. Convergence is possible, with the necessary political will 
to make progress, especially on the basis of the framework document on domestic support and the 
formulation of a framework document on market access. We reiterate our support for the 
chairperson's work and will continue collaborating with a view to achieving a satisfactory outcome 
in agriculture.  
 
Fisheries Subsidies  
 
Moreover, we enc ourage the Members to intensify their efforts to conclude the negotiations on 
fisheries subsidies. Paraguay, together with other landlocked developing countries, has presented a 
communication in document RD/TN/RL/130, a proposal that reflects the interests  of this group of 
countries in such a way that they are not harmed by any disciplines implemented in a future 
agreement that have the potential to limit their participation in the fishing industry to the detriment 
of their development.  
 
Electronic Commerce  
 
In the e -commerce initiative, we would like to highlight the progress made, and we are grateful for 
the preparation of the consolidated negotiating text that reflects the participants' hard work in the 
small working groups. Paraguay considers e -commerce as a toll for economic development and trade 
facilitation, and we are interested in moving forward in disciplines that create an environment 
conducive to the development of the digital economy, in relation to matters such as consumer 
protection, sp am, electronic signature and authentication, and paperless trading.  
 
However, we wish to emphasize the need for a more serious conversation on the development 
dimension and the digital divide. A future agreement should incorporate flexibility for developin g 
countries enabling a gradual implementation of commitments, perhaps with a methodology similar 
to that of the Trade Facilitation Agreement, which includes a strong capacity -building and technical 
assistance component.  
 
Services Domestic Regulation and In vestment Facilitation for Development  
 
Lastly, Paraguay welcomes the work done as part of the initiatives on services domestic regulation 
and investment facilitation for development, and we reiterate our commitment to concluding the 
outstanding matters as soon as possible.  
 
31. Canada (Ottawa Group)  
 
I would like to start by once again congratulating Dr. Ngozi Okonjo -Iweala on her appointment as 
the next Director General of the WTO. Canada looks look forward to working with her on all aspects 
of WTO work, especially on furthering reform objectives.  
 
As usual, I will provide an update on the work of the Ottawa Group a nd then a statement on behalf 
of Canada.  
 
The Ottawa Group remains committed to strengthening and modernizing the WTO. Ottawa Group 
vice-ministers met virtually on February 22 to discuss how the group could contribute to a successful 
MC12 and ensure that the WTO responds effectively to global challenges.  
 
This means delivering a meaningful outcome on fisheries subsidies as soon as possible. It means 
finalizing the results of negotiations on services domestic regulation.  It means achieving concrete 
results or, at least, consolidating progress for MC12 on other plurilateral initiatives, such as e -
commerce, investment facilitation, and micro -small and medium sized enterprises.  Finally, it means 
advancing work on important issues like trade and health and trade , environmental sustainability, 
and agriculture and exploring how best to address other issues of systemic importance, notably WT/GC/M/190  
 
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  industrial subsidies and the behaviour of state -owned enterprises. On agriculture, Ottawa Group 
members continue to advance work and develop ideas on agriculture transparency and export 
restrictions.  
 
Achieving these objectives will not be easy and will require regular dialogue and engagement by 
ministers and senior officials in order to help set a realistic and manageable agenda.  
 
Vice-ministers reaffirmed their commitment to multilateralism, but also stressed the value of 
plurilateral approaches, such as the ongoing joint statement initiatives, to allow for progress in 
addressing issues of critical importance to both developing and  developed Members.  
 
The Ottawa Group is ready to do its part and calls on other WTO Members to the same. In this spirit 
of enhanced engagement, vice -ministers re -confirmed the Ottawa Group 's commitment to openly 
and inclusively engaging with all WTO Memb ers (individually or through regional groups) on WTO 
initiatives as well as keeping Members informed of the Group 's work.  
 
Looking ahead, and in the spirit of enhanced engagement, Ottawa Group ministers will meet on 
March 22, 2021.  Responding to the fact t hat the UK is now no longer represented in the WTO by the 
EU, we welcomed the UK as a separate member of our group and look forward to UK participation 
in the upcoming ministerial.  
 
32. Canada  
 
As indicated in past statements, Canada remains committed to a glo bal response to the pandemic 
that leverages the entire multilateral trading system in supporting the research, development, 
manufacturing, and distribution of safe and effective treatments for COVID -19. Canada has reviewed 
the TRIPS waiver proposal from Bo livia, Egypt, Eswatini, India, Kenya, Mongolia, Mozambique, 
Pakistan, the African Group and South Africa and has actively participated in the TRIPS Council 
discussions on these important issues. Canada is confident that Members will be able to resolve any 
concrete obstacles identified in a consensual manner and looks forward to further constructive 
discussions in TRIPS Council in this regard.  
 
Canada continues to place a priority on advancing the agriculture negotiations and we will play a 
constructive role  across all agriculture issues in order to develop a credible package for MC12. On 
domestic support, we strongly believe that an outcome based on the Cairns Group Framework is 
both realistic and doable.  This would mean that members agree at MC12 to reduce global trade 
distorting entitlements by half by 2030. Post MC12, Members would then negotiate the specific 
modalities to reach the goal with the principle that those with the highest entitlements would 
contribute the most to the outcome.  In addition, for M C12, steps can be taken to improve 
transparency and predictability in agriculture trade.  To this end, we are encouraged by the level of 
engagement and momentum on our paper with Brazil, Australia, and Ukraine on tariff transparency 
and shipments en route. We also believe our proposal on export competition with Norway and 
Switzerland would enhance transparency without increasing the burden on Members.  
 
For the fisheries subsidies  negotiations, we are fully committed to concluding an agreement as soon 
as possible. At this stage, the negotiations would benefit most from frank exchanges in a small group 
format where the Chair is empowered to ask questions of participants and explore compromise 
options. The priority for those discussions should be to establish the disciplines for subsidies to IUU 
fishing and overcapacity and overfishing, together with a discipline on transparency, and then 
determine an S&DT framework to address capacit y issues in implementing the disciplines.  
 
On e-commerce, we welcome the progress made to date, including the cleaning of the text on 
unsolicited commercial messages. Canada is committed to work towards the milestones identified 
by the co -conveners for the  summer 2021, and we thank them and the facilitators for their efforts. 
We also encourage JSI participants to further consider making a version of the consolidated text 
publicly available, which would support our respective engagement with interested stake holders.   
 
On services domestic regulation, the revised reference paper demonstrates we achieved a 
meaningful milestone in 2020 by resolving all the drafting issues in the text. We thank the Chair for 
his leadership and note that it will be important to ma intain momentum towards  finalizing the text 
in the near future, while actively pursuing the scheduling exercise for conclusion at MC12.  
 WT/GC/M/190  
 
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  As noted during the last TNC meeting, Canada is pleased to be part of the group of WTO members 
that launched the Trade and Environmental Sustainability Structured Discussions on November 17th. 
The first meeting will take place on March 5 and I sincerely hope that all WTO members will join us 
for this first meeting.  
 
Finally, we continue to be very concerned about the Appe llate Body 's inability to hear appeals and 
reiterate our willingness to engage in constructive discussions towards resolving the impasse. In the 
meantime, Canada maintains that the MPIA is the best means to preserve Members ' rights under 
the DSU and we inv ite all Members that have not joined to consider doing so.  
 
33. Nepal  
 
I wish to align our statement with the statement delivered by Chad, on behalf of the LDC Group.  
 
In the context of the upcoming MC 12, my delegation would like to highlight five priority is sues for 
achieving its concrete deliverables:  
 
First, progress in the appointment of Appellate Body members should be made without further delay 
to bring dispute settlement mechanism, a key pillar of the WTO, back on track, and maintain the 
credibility in  the works of the Organization. Specific discussions, dialogues and consultations among 
Membership would be supportive in bridging differences among Membership and resolve the issue.  
 
Second, various negotiations are gaining a momentum with a view to makin g them conclusive before 
the MC12. We underline that such negotiations should ensure equitable share of benefits to all 
members, particularly LDCs, and within them, the landlocked LDCs. I call upon members to give 
positive consideration to the submissions of LDCs and LLDCs on fisheries subsidies negotiation.  
 
Third, for fair, inclusive and rules -based multilateral trading system and safeguarding 
multilateralism, Nepal underlines the critical need for WTO reforms. Reform agenda requires 
thorough deliberatio ns. Substance of the reform should be comprehensive; be able to address global 
challenges including inequality; incorporate emerging issues and opportunities of global trade; and 
support weaker economies in order to ensure their meaningful integration in t he global trading 
system. Lessons from the pandemic should be due consideration. In this context, we may initiate 
focused discussions on the submissions made by Memberships or groups of Memberships on WTO 
reforms including the submission made by the LDC gr oup.  
 
Fourth, development dimension remains a key concern of all developing countries, particularly the 
LDCs. A clear road map on mainstreaming development dimension in the multilateral trading system 
and S&DT is critical to meet global targets of LDC gra duation and SDGs. The roadmap should 
incorporate additional support measures for speedy recovery of these economies and should also 
ensure a level playing field for weaker economies through an in -built mechanism.   
 
In this context, let me recall the submis sions of the LDC group, especially for the extension of 
transition period of TRIPS agreement and the extension of transition period of graduating LDCs and 
others. I urge all WTO members to positively consider these submissions.  
 
And finally, all LDCs-focused support measures including Aid for Trade, DFQF, technological support 
and flexibilities in implementation, among others, remain extremely important, not only for enabling 
LDC graduation per se but also for ensuring the graduation more inclusiv e and sustainable in terms 
of meeting SDGs by 2030 and fulfilling our development agenda beyond. In this context, I would 
like to commend our development partners for their continued generous support and urge them for 
enhanced cooperation for the early rec overy of LDC economies from the current pandemic crisis.  
 
34. New Zealand  
 
Like others, New Zealand again welcomes the appointment of our new Director -General, as an 
important step in building the WTO 's institutional resilience in 2021. We look forward to work ing 
with all members, and the Director -General, to deliver meaningful outcomes this year and to address 
institutional matters, such as resolving the Appellate Body impasse.  
 
It is impossible to ignore the context of the ongoing COVID 19 pandemic. We have a responsibility 
to address the trade disruptions which have hindered our response to COVID -19. The Ottawa Group 's WT/GC/M/190  
 
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  Trade and Health initiative provides a concrete response and we encourage all WTO Members to 
engage on this initiative.  
 
New Zealand also not es the concerns raised by some Members around the role of intellectual 
property as a barrier to equitable access to COVID -19 vaccines and treatments. We look forward to 
working further with members to better understand the extent to which any suitable vacc ine 
manufacturing capacity is not being used, why that is the case, and the specific nature of any 
restraints in the use of voluntary or compulsory licensing under existing TRIPS flexibilities.  
 
For many of us, international trade is a key driver in the C OVID economic recovery.  The WTO should 
be at the centre of this. As a forum for transparency, dialogue and negotiation it can help ensure 
that any protectionist or distortionary measures, and Chair you referred to the extent of measures 
this morning, are d ismantled on a collective basis. The WTO should be an engine for sustainable 
economic growth, including through the negotiation of new rules and commitments.   
 
We join the loud chorus of members in saying that a first priority continues to be conclusion of  
fisheries subsidies negotiations as soon as possible. We cannot afford to wait for MC12 for many 
reasons, not the least being our public credibility. In making progress, we must not lose sight of the 
central problem: ensuring subsidies do not contribute t o unsustainable or illegal fishing.  We must 
concentrate on how the disciplines as a whole meet the sustainability objective, ensuring that as we 
try to accommodate the different circumstances Members are facing, that this does not hollow out 
our fundamenta l objective.  
 
Delivery of these new disciplines on fisheries is a first step in the trade and sustainability agenda, 
which, as both you and members have noted, is becoming increasingly urgent. Once again, New 
Zealand will invite delegations to join a rene wed Ministerial Statement on Fossil Fuel Subsidy Reform 
for MC12.  
 
On agriculture, New Zealand considers the Framework for Negotiations on Domestic Support to 
provide a basis for negotiations, and equally a collective means to achieving global reductions. 
Maintaining the current levels of domestic support is detrimental not only for trade, but for the 
environment and farmer livelihoods.  By delivering on this long -standing demand of much of the WTO 
membership, we hope that we will unlock progress in other ar eas of reform.  
 
We, like many others, are pleased to see progress being made on joint statement initiatives 
(including e -commerce, and services domestic regulation) which will help to modernise and update 
the rules for our exporters. And we thank the conv enors for their updates today.  
 
As always, New Zealand stands ready to work constructively with other Members, the Director 
General and the Secretariat to deliver a meaningful package of outcomes at MC12.  
 
35. Turkey  
 
2021 started with a very positive development for the future of the WTO. This is the first TNC 
meeting after the appointment of Dr Ngozi Okonjo -Iweala as the new Director General. We 
congratulate and warmly welcome Dr Ngozi once again.  
 
As said in several cultures, spring brings new beginnings and cold melts away. Following a 
hibernation accompanied by a long winter, we now have ahead of us a necessary restoration process 
of the multilateral trading system. In this new season, a more dynamic and inclusive m ultilateral 
trading system can be ensured through a restoration in several fields. This restoration also requires 
a strong commitment to change the status quo and rebuilding the trust in our negotiations.  
 
For the upcoming period, we have a long to -do-list for ensuring this restoration. Among those, the 
negotiations on disciplining fisheries subsidies is the primary task before the membership. As 
mandated, members need to do their part without further delay by crafting meaningful disciplines 
to contribute to sustainability. In doing this, members need to formulate rules in all pillars that 
effectively prevent harmful subsidies, while allowing the necessary space for those who need to 
sustainably develop their fisheries sectors.  
 WT/GC/M/190  
 
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  Another striking area for th is restoration period is agriculture. Addressing the trade distorting 
domestic support is long overdue. The steps to be taken toward this direction can be a good 
confidence building measure for our future work.  
 
As we voiced several times over the last ye ars, two -tier dispute settlement is key to maintain 
predictability in multilateral trading system and its demise risks to crumble the entire edifice of the 
system. In this respect, we believe, the third area for the restoration should be revitalizing the 
Appellate Body. In achieving this, Turkey considers it necessary to resume the multilateral 
discussions to improve the current system and to address the concerns of members. For this, we 
think the Walker process is a good basis to advance our discussions. W e hope that the positive 
developments in 2021 can assist the immediate restoration of the Appellate Body.  
 
On the other hand, a successful restoration can only be reinforced with an update of the issues to 
be dealt by this Organization, which may help furt her capture the realities of today 's global economy. 
In this respect, we value the plurilateral initiatives on several fields namely MSMEs, Domestic 
Regulation, E -Commerce and Investment Facilitation for Development and we are pleased with the 
good momentu m achieved recently. As long as they maintain their inclusive and transparent 
character, we consider these initiatives as effective instruments to improve the negotiating function 
of the WTO. While a focus on those issues is valued, of course, it should no t mean leaving the pre -
existing agenda items aside. Members should continue to address them immediately since they are 
major concerns for an overwhelming number of WTO members.   
 
Final and the most important and urgent issue is pandemic. As mentioned sever al times by several 
people: "No one is safe until everyone is safe ". Affordable, secure  and uninterrupted access to key 
medical supplies is more important than ever. We should shoulder this responsibility together. WTO 
can find creative ways to contribute to multilateral initiatives in the fight against COVID -19. Before 
it is too late, we in vite members to be constructive and flexible in finding appropriate solutions.  
 
The pandemic reminded us that interdependence is no longer optional, it is the reality of our world. 
Sharing is not only a prerequisite for it, but also a wise thing to do.  
 
36. Pakistan  
 
in our last TNC meeting we had expressed a hope that we head into 2021 with a new DG, a functional 
Appellate Body and a much more strongly focused developmental approach to our engagement to 
ensure equitable gains from trade. It is heartening to no te that we have achieved the first one early 
in the year, and we wholeheartedly welcome the new Director General. For the other two, we remain 
hopeful and extend our faith in the membership to deliver those objectives for they are indispensable 
to restorin g trust in this organisation for any meaningful contributions to global prosperity.  
 
On the Appellate Body, it is unfortunate that we continue to find a deadlock. This deadlock not only 
places a systemic block on the system, but also prevents countries fr om seeking due adjudication 
where they feel aggrieved even by legal interpretations of panels. It is for the sake of allowing fair 
and equitable access to a two -tiered system that Pakistan had also agreed to join the MPIA pending 
a restoration of the Appel late Body. We once again, put our faith in the membership along with a 
new DG to restore the broken pillar to its due state without creating any conditions or linkages to 
other WTO issues.  
 
Turning to our third, and most profound hope, Chair; ‘development ' – manifested in higher standards 
of living, achieved through a structural transformation of our economies, greater technological 
capabilities, and production capacities, achieved in a sustainable way – remains the cornerstone of 
our activities and the end  result of our endeavours. This is true for all negotiations and discussions 
on reforming the organisation.  
 
Taking the case of fisheries subsidies, we recognise the efforts by the Chair of the negotiating group 
to bridge differences. However, essential differences in views remain. For Pakistan, the issue is not 
only that of saving the environment and the oceans but also of ensuring livelihoods and prosperity 
of poor populations. Sustainability rests on the principle of ‘polluters pay ', and they  must pay first. 
Those who are not polluting today cannot be asked to cut their ambitions of developing sustainable 
fisheries industries, while those that are actually polluting continue unabated on the understanding 
that their fishing is sustainable.  These are the primary anomalies we have already witnessed earlier 
in the Uruguay Round and repeating those mistakes would only weaken the effort. To be clear, to WT/GC/M/190  
 
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  us, Special and Differential Treatment for developing countries is a negotiated right. Diluting th is 
right through a case -by-case, or needs -based approach could derail meaningful movement on this 
issue. Similarly, provisions that create de facto or ‘reverse S &DT' for developed countries allowing 
them to continue their practices, is hardly acceptable.  
 
Similarly, in Agriculture, Pakistan remains concerned that the focus keeps shifting away from the 
real problem – i.e. the existing anomalies in the Agreement. Without very large subsidisers agreeing 
to cut domestic support first, movement will be difficult . Livelihood and food security concerns in 
developing countries continue to mount in wake of the pandemic and, therefore, the need for 
levelling the playing field in agriculture trade remains paramount. Specific entitlements for 
developing countries and in terests of NFIDCs must not be swept away with the same broad stroke.  
Turning to the most pressing and immediate matter, Chair, along with saving fish, and providing 
food, we must not forget the pandemic confronting us all. Immediate, affordable, and equita ble 
access to Covid vaccines, along with other essential medicines and equipment is the need of the 
hour. Global production capacities are being utilised in a very skewed manner while self -prioritisation 
in countries where vaccines have been developed is l eading to vaccine hoarding on one side and 
vaccine famine on the other. Restrictive IP rights are preventing the full production capacity of the 
globe to be utilised for the vaccines. The calls for a temporary waiver from IP restrictions to fight 
the pande mic are rising fast within and outside the WTO. It is high time that the WTO membership 
takes this proposal to the next level.  
 
In conclusion, the demands for sustainable development and improved standards of living for world 's 
poor are the real issues we should focus our attention on, going forward. The drive towards truly 
global and equitable prosperity is possible only if developing countries catch up and recognize their 
varying capabilities. We hope, once again, that we make 2021 truly memorable by foll owing a more 
developmental approach at the WTO than has been done earlier.  
 
37. Russian Federation  
 
My delegation 's understanding of the state of play on the main negotiating tracks is as follows.  
 
On the fisheries subsidies negotiations: taking into account t he intensive schedule, suggested by the 
Chair, Ambassador Wills, and the volume of work done so far, we keep optimism about the 
perspectives of this negotiating track, despite serious divergences, which still exist among us. There 
are all ingredients for a  compromise solution in overfishing and overcapacity pillar. We should, 
however, deeply review the approach to IUU subsidies prohibition, and solve the issues of 
automaticity, timing, and proportionality of prohibition. Having reached some clarity on main 
substantial topics, we will be able to move to SDT provisions enabling all Members to implement 
new rules in a short or medium term. We urge proponents to make a reality check of their requests 
given that we have less than ten months until MC -12. We also r ely on the assistance of the new 
Director General which may help us to bridge the existing differences of views.  
 
Russia expresses its appreciation to the facilitators of the agriculture negotiations for their work on 
each of the negotiating topics. The te chnical discussions led by them will surely assist in framing a 
comprehensive and effective way forward. However, it is very important to stay focused and avoid 
retracing our steps on the same issues, resulting essentially in substitution of the negotiatin g 
process. In our view, it would be helpful to prioritise elements where we should progress first. Due 
to time constrains it seems unfeasible to reach an agreement across all the agricultural "pillars " by 
MC-12. Russia 's main priority remains the creation of new disciplines on trade distorting domestic 
support and enhancement of transparency in market access. This is of utmost importance for 
ensuring a more open and predictable access to agriculture markets and supporting global food 
security.  
 
We welcome t he ongoing substantial efforts under the Buenos Aires "joint initiatives", which we look 
upon as a valuable contribution to the multilateral format. Russia actively participates in all four of 
them.  
 
In particular, we appreciate the progress in negotiation s on domestic regulation in services, resulting 
in a compromise document. On the one hand, it represents a set of rules for improving the system 
of internal regulation. On the other hand, the text contains certain flexibilities and general principles, 
which could be applied in countries with different regulation systems and levels of economic 
development. We attach great importance to the discussions and clarifications of procedural steps WT/GC/M/190  
 
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  that would transform this document into a final outcome in the form o f legally binding commitments. 
We are open to the follow -up dialogue on these issues and will strive to ensure that it takes place in 
a transparent and constructive manner.  
 
We are inspired by the passion and hard work of the Members on Investment Facilit ation for 
Development. Ongoing negotiations showed significant areas of convergence, areas of common 
interest, as well as areas that needed further consideration. Therefore, it is useful to continue to 
move on gradually and remember that quality should pre vail over speed. At the same time, the clear 
planning of some sort of a roadmap will help advance the discussions.  
 
The Informal Working Group on MSMEs, building on the tangible results achieved by December 2020, 
should now focus on the implementation of t he adopted recommendations fostering participation of 
small businesses in international trade. We should also be forward -looking by exploring new areas 
of importance for MSMEs and aiming for multilateralization of the initiative.  
 
Let me also mention, with out going into much detail, the need to advance negotiations on e -
commerce. We are looking forward to sound outcomes at MC -12 in that area.  
 
And, last but not least, we expect that our efforts to restore the effective functioning of the Appellate 
Body, ins pired by the recent political signals will be accelerated under the energetic management of 
the new Director General, so that we 'll be able to solve this crucial WTO 's problem as soon as 
possible.  
 
38. Saint Lucia (CARICOM)  
 
We associate with the statement by Jamaica on behalf of the ACP Group. Let me also join with others 
in thanking you for your report as well as the Chairs of various Negotiating Bodies.  
 
With respect to the fisheries subsidies negotiations, the CARICOM Group maintains and remain s 
committed to playing an active and constructive role in the negotiations. For our members, the 
fisheries sector plays a vital role in food security and in the economic well -being of coastal and rural 
communities. Keeping in mind the need to secure the vi able of the sector, an agreement on fisheries 
subsidies will help secure the resource for future generations.  
 
In this regard, we wish to emphasize that small fishing nations with an under -developed sector such 
as those of CARICOM are too small to have mu ch if any negative effects on the health of global fish 
stocks. As such, the CARICOM Group continues to highlight the importance of S&DT that is well 
aligned with the core principles of the Marrakesh Agreement.  
 
Turning now to some procedural concerns alre ady expressed with respect to the negotiating process, 
while we accept that nothing is agreed until everything is agreed, the decision on how brackets are 
treated within the text must remain consistent with past practice and with our common 
understanding. There can be no departure from accepted norms.  
 
Turning now to agriculture, agriculture continues to be a critical component of CARICOM economies. 
Agriculture is also a central plank of our own food security efforts. In this regard, we take not of the 
ongoing work with respect to public stockholding for food security. CARICOM places high priority on 
an outcome in this area at MC12. We fully endorse the ACP position as at the Bali Decision on PSH 
should be amended to ensure that all developing countries can qualify beyond traditional staple 
crops and in a manner that is not unduly burdensome.  
 
Furthermore, we face many internal challenges with respect to our own agriculture sector including 
diseconomies of scale, competition for limited land, small farms and  challenges relating to accessing 
finance. There are also systemic and exogenous issues which continue to place great pressure on 
our fragile agricultural sectors. These challenges have the potential to make us more food insecure 
and further highlights the  need for us to strengthen our work in the WTO on agriculture to ensure 
that we have an outcome that supports our legitimate food security and developmental objectives.  
 
Moving now to e -commerce, we thank the Chair of the CTS for its recent communication r elating to 
the ongoing dialogue in the Committee on Members' initiative for supporting digital capability for 
business and consumers. By and large, it is not a lack of knowledge or interest regarding such WT/GC/M/190  
 
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  initiative that impedes their implementation in our  own domestic context. It is primarily a lack of 
wherewithal.  
 
In this regard, we note the acknowledgment by Dr. Ngozi Okonjo -Iweala on 15 February 2021 of 
the need to address the digital divide if the developing country Members are to fully participate i n 
the negotiations on e -commerce. We therefore welcome this perspective on sequencing which we 
share. It is an impractical expectation that the small and vulnerable economies of CARICOM, for 
example, would be positioned to participate meaningfully in rulem aking on e -commerce at this stage 
– not when the digital divide continues to grow and our significant regulatory, legal and 
infrastructural resources are being challenged by the amplified concerns related to COVID -19.  
 
It is in this context that we re -state our commitment to reinvigorating the Work Programme on 
Electronic Commerce and we reaffirm our interest in focused discussions on e -commerce and 
development as part of that work programme. As stated previously, consideration should be given 
to a format that facilitates an exhaustive discussion on challenges and opportunities while going 
beyond the truncated discussions taking place in relevant Committees.  
 
Concerning the JSIs, we take note of the developments in all of the JSIs each of which is at an 
advanced stage. We maintain that our preference is for a multilateral outcome on issues which are 
already subject to a multilateral mandate such as services domestic regulation and e -commerce.  
 
Finally, we caution against seeking to use the JSIs as a forum t o resolve issues that are yet to be 
resolved at the multilateral level including matters related to S&DT, differentiation and the e -
commerce moratorium.  
 
The CARICOM Group takes this opportunity to once again congratulate the Director -General elect, 
Dr. N gozi Okonjo -Iweala. We pledge our full support in the collective efforts to advance the cause 
of development at the WTO.  
 
39. Ecuador  
 
Ecuador thanks you for your report, and for the reports presented today by the Chairs and 
coordinators of the current negotiations.  
 
Once again, my country would like to offer its congratulations on the appointment of WTO Director 
General Dr Ngozi Okonjo -Iweala, whose proactive role will be crucial to revitalizing the WTO and 
facilitating the functioning of the multilater al trading system, at a time where addressing the 
pandemic and ensuring that we emerge from it with renewed strength are of critical importance.  
 
Regarding the negotiations, I would like to refer to a number of issues that are especially important 
to my co untry:  
 
• Ecuador considers the immediate conclusion of the fisheries subsidies negotiations to 
be a priority. We thank and congratulate the Ambassador of Colombia and Chair of the 
negotiating group for all the work that has been done in this complex area; w e also 
acknowledge the substantive support received from the Ambassador of Switzerland. 
Ecuador supports a proposal on artisanal fisheries in view of the socio economic and 
food security impact of this activity and the need  thankfully recognised by most 
Members  to devote attention to this matter. Together with Chile and Argentina we are 
submitting a version of the proposal that we trust reflects Members' views.  
 
• We reiterate the importance of ensuring that the Agreement contains clear and specific 
provision s on illegal, unreported and unregulated fishing and fishing on the high seas. 
It is vital not to lose sight of the concerns that I think we all share regarding fisheries 
subsidies and their impact on sustainability.  
 
• My country will continue to support th is process, taking the constructive approach that 
has characterized it throughout these negotiations, and will do everything it can to assist 
Ambassador Wills in his efforts to ensure that a consensus agreement is reached as 
soon as possible.  
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  • We also welc ome the process chaired by the Ambassador of Costa Rica with regard to 
agriculture. Ecuador is committed to the agriculture negotiations. The WTO's work on 
agricultural issues is of paramount importance to Ecuador, as this sector is vital to our 
economy an d therefore key to our fulfilment of the sustainable development goals. Our 
priorities include the pillars of market access, domestic support and special safeguards. 
We have confidence in the work carried out by Ambassador Abraham to provide fresh 
impetus to the negotiations in this area.  
 
• Ecuador advocates for reform of the Organization to bring it up to date with the current 
context and to make it a positive factor in the recovery of international trade in the post 
pandemic era.  
 
• In order to address issue s that are key to the recovery of international trade and the 
global economy, we must first make sure to support, from the international trading 
system standpoint, an effective sanitary response, in line with the principles of that 
system and in close coop eration with other multilateral bodies.  
 
• My country recognises the importance of the debate on trade and sustainable 
development, as well as the discussions on plastics. The proposed dialogue with multiple 
stakeholders will provide us with a holistic view that covers various issues with a global 
impact. We trust that these discussions will be conducted in an inclusive and transparent 
manner for all Members, given the impact that they may have on ongoing WTO 
processes.  
 
• Regarding joint statement initiatives, we welcome the significant progress made on e -
commerce, small and medium sized enterprises (SMEs) and investment facilitation. 
Regarding MSMEs, Ecuador is interested in encouraging exchanges on policies to 
promote innovation.  
 
• In October this year Ecuador joined the Joint Initiative on e -commerce. We recognize 
the importance of this open, transparent and inclusive process, and welcome the co 
organizers' leadership.  
 
• We are currently implementing an ambitious strategy on e -commerce, in spite of a 
context in which our economy has been, and continues to be, adversely affected by 
COVID 19. Transformation into a digital economy is pivotal, and we have therefore 
decided to take on this considerable challenge.  
 
• We also support the work on gender and tr ade as an excellent platform for discussing 
the significance of gender in various areas of international trade.  
 
• Lastly, Mr Chairman, we will succeed in making headway on these issues once the time 
and place of the 12th Ministerial Conference are establish ed. The work we carry out in 
the run up to the Conference will ensure a package of outcomes that is balanced and 
beneficial to all Members.  
 
40. Chad (LDCs)  
 
I am taking the floor on behalf of the LDC Group. I would like to thank you for convening this Trade 
Negotiations Committee meeting and for providing us with an overview of the negotiations at the 
WTO.  
 
I would also like to thank the various Chairs of the Committees and Negotiating Groups for their 
respective reports on trade related issues.  
 
First of all, the LDC Group reiterates how pleased it is to see the WTO led by a new Director General, 
Dr Ngozi Okonjo Iweala. It sends a very positive message to the world: one of progress for the 
Organization and for conducting our negotiations. We need a mult ilateral Organization that is driven 
both by its Members and by strong leadership at the helm.  
 
The LDC Group also welcomes the fact that the Chair of the General Council is in the process of 
finalizing a new date for MC12, which is scheduled to take place  in Geneva.  WT/GC/M/190  
 
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  As we embark on this return to a fully operational WTO, the LDC Group considers that it is equally 
important to swiftly restore a properly functioning dispute settlement system, by appointing new 
Appellate Body members. We call on Members to co operate as much as possible in this regard in 
order to restore visibility in this general climate of uncertainty, brought on by the COVID 19 crisis.  
 
During this global health crisis, we also wish to recall the importance of maintaining easy access to 
the pharmaceutical and medical products needed to combat COVID 19, including vaccines, for LDCs.  
Last year, we submitted a communication on this matter. Our Group continues to use workshops to 
study the impact of this crisis, at different levels, affecting the facilitation of LDCs' trade in goods 
and services, so that we can take it into account in our work at the WTO.  
 
With regard to the trade negotiations under way, the LDC Group is working on an agreement on 
fisheries subsidies that would take i nto account our needs in terms of preserving our fisheries 
resources and our artisanal and small scale fisheries.  
 
We support SDG 16, as well as the rights of our fishing communities. In the fisheries subsidies 
negotiations, we must resolve, in particular,  the issue of subsidies to large scale deep sea fishing 
fleets.  
 
As to special and differential treatment, our Group recently submitted two proposals: one relating 
to Article 66.1 of the TRIPS Agreement and the extension of flexibilities that are due to ex pire on 1 
July 2021, and another on graduation from LDC status and the need to extend flexibilities for a fixed 
maximum period of time.  
 
Our Group hopes that Members will agree to our requests for flexibility, insofar as they affect our 
ability to foster a nd facilitate our integration into world trade and our resilience in a sustainable 
manner.  
 
With regard to agriculture, which is one of the pillars of our negotiations, we continue to advocate, 
in view of MC12, an outcome on domestic support that addresses  the issue of market distortion, 
which affects our producers and exporters. Our Group is also working on the submission of a proposal 
containing ideas, with a view to an outcome. We also call for the elimination of domestic support for 
cotton trade.  
 
As to  services, we will soon be organizing a workshop, in collaboration with the Secretariat, to 
oversee the implementation of the LDC services waiver. Moreover, our Group supports the 
preparatory work for a Ministers' deliberation on the issue of e commerce.  
 
I would like to conclude my statement by touching on the issue of WTO reform and the importance 
of taking into account, in any future decision, the institutional, human and financial resource 
constraints of LDCs. LDCs must be spared any further administrat ive and financial burden.  
These, Chair, are some of the pressing matters for the LDC Group in view of MC12.  
 
Our group remains open and ready to engage in a constructive effort, with a view to achieving 
effective outcomes that satisfy our interests and tho se of Members in a fairer, more inclusive and 
more transparent multilateral trading dynamic.  
 
41. Indonesia  
 
At this juncture, I would like to offer Indonesia's observations on our negotiations.  
 
On fisheries subsidies, significant gaps of position persist am ong Members. This is expected as this 
is not a mere trade discipline. However, my delegation would like to reiterate that the WTO should 
stick to the mandate on prohibiting certain forms of fisheries subsidies. The overcapacity and 
overfishing condition is  happening already and therefore a strict prohibition approach is needed. For 
us, the sustainability approach should be undertaken by other international organizations.  
 
While the WTO and FAO work to achieve the same objectives on fisheries' sustainabilit y, our 
approach should not overlap let alone be inconsistent. At the same time, the Polluters Pay Principle 
should be upheld. Those that are left contributing to overfishing should not be punished by the 
discipline.  
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  In agriculture, I have been following closely the constructive discussion in the Facilitator Process led 
by the CoA SS Chair. We understand that this process aims to discuss technical issues at the 
technical level to get a better understanding from Members . However, in agriculture negotiations, it 
is more than a technical discussion but necessitates, more importantly, our political will. We need to 
be focused on our work and not further diverting our attention from our main work on the mandated 
issues. Whil e we commend the Facilitator Process, it is also important that this process should not 
be burdensome but rather resulting potential outcomes to advance the agriculture negotiations.  
 
As we are all aware, with the view to having MC12 at the end of this ye ar, it is more than urgent 
that we need to move forward on the negotiations to achieve, on the longstanding mandated issue, 
the establishment of a permanent solution for public stockholding for food security purposes and a 
comprehensive and balanced outcom e in SSM. The G -33 statement in JOB/TNC/88 addressed this 
outstanding homework.  
 
PSH and SSM will not only address agriculture trade issues for developing countries but also answer 
the challenges faced by developing country Members in addressing food secu rity issues in responding 
to the effects of natural disasters, climate change and, more importantly, the COVID -19 pandemic 
that we are facing today. Concluding the PSH and SSM negotiations is paramount at this critical 
time.  
 
Indonesia reemphasizes the im portance of e -commerce as a tool to support economic and social 
develop. Ensuring a clear scope of electronic transmissions, which in our view should not apply to 
electronically transmitted goods and services, shall be of our priority. This longstanding ma ndated 
issue should not be left behind and no effort should shift Members' commitment and attention to 
keep working on this matter and to conclude this longstanding work.  
 
The resolution of the issue surrounding the two -tiered dispute settlement system sho uld be the 
outmost priority for this organization. If the issue is not resolved in a time manner, the WTO will be 
at risk of losing its biggest contribution to global trade of providing predictability. We are also 
concerned by efforts ensuing in this situa tion that may amount into the backlog of cases and force 
Members to appeal into the void. Whatever negotiation we embark on will depend on the 
effectiveness of the dispute settlement mechanism.  
 
We would also like the welcome the ideas brought out by Indi a and South in document WT/GC/W/819 
on the legal status of JSIs and their negotiated outcomes. We look forward to the discussion at the 
upcoming General Council meeting on this issue.  
 
COVID -19 has decelerated global economic growth. It has also affected o ur daily lives and slowed 
down our negotiation process. This is unlikely to disappear in the foreseeable future. It is time for 
us to provide an adequate response to this pandemic. We have the tools and the platform to ensure 
global solidarity and cooperat ion to combat this pandemic and expedite global recovery.  
 
In this regard, my delegation follows closely the ongoing discussion on the proposal for a waiver 
from certain provisions of the TRIPS Agreement for the prevention, containment and treatment of 
COVID-19. We thank the co -sponsor for the valuable ideas in finding ways to ensure equal, 
affordable and timely access to vaccines and other medical products. My delegation this proposal to 
reach a successful conclusion.  
 
42. Kingdom of Saudi Arabia  
 
I would lik e to thank you for your report and to express my sincere appreciation to the four DDGs 
for their hard work in handling the function of the Director General and steering the work of this 
organization at this critical time. Let me also thank the Chairs of ne gotiating groups for their reports 
in their respective fields.  
 
The economic and social disruption caused by the COVID -19 pandemic remains the imminent 
challenge facing us; it has a significant effect not only on health but also on the global economy and 
international trade.  In this  challenging time, we need more than ever to unify our efforts to overcome 
consequences of the pandemic and to restore the confidence and the credibility of WTO and the 
multilateral trading system. We believe that the WTO has an important role to play in managing 
recovery from the impact of the pandemic and to lead to a post -pandemic global trading 
environment.  WT/GC/M/190  
 
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  Having said that let me move to present our views on some certain issues of our work:  
 
In the area of WTO reform, an act ive engagement, a strong political will and a full understanding of 
the scope and elements of proposed reform are required to advance WTO reform.  
 
In this regard, I would like to refer to Riyadh Initiative on the future of the WTO, which was launched 
by the Saudi Arabian G20 Presidency and annexed to the G20 Trade and Investment Ministers 
COMMUNIQUÉ  that was circulated as WTO document (WT/GC/221), and gained the recognition of 
the G20 Leaders at the Riyadh Summit as indicated in their declarat ion that was circulated as WTO 
document (WT/L/1101). In light of this, we believe that Riyadh Initiative could form a good basis for 
further discussion among the entire membership towards the necessary reform of the WTO.  
  
Saudi Arabia also underscores the  importance of a well -functioning Dispute Settlement Body. We 
therefore encourage all Members to double their efforts to find ways to restore the proper functioning 
of the WTO dispute settlement system.  
 
On the agriculture, we welcome the Chair's initiativ e for a facilitator -led small groups and the work 
undertaken in this process. We encourage all Members to engage constructively in the technical 
discussions in order to achieve a successful outcome for the benefit of all members in this crucial 
issue.  
 
On Fisheries Subsidies, We would like to thank the Chair of the Negotiating Group on Rules for his 
leadership. Discussions on the draft -consolidated document have been constructive and are making 
progress. We support the Chair's efforts to intensify the nego tiations and encourage Members to 
formulate a complete text before MC12.  
 
Saudi Arabia also welcomes further progress on Joint Initiatives' discussions including E -commerce, 
Domestic Regulations, Investment Facilitation for Development and MSMEs. We hope t o achieve 
concrete outcomes by MC12.  
 
In conclusion, the Kingdom of Saudi Arabia reiterates its commitment to the Multilateral Trading 
System and remains ready to engage constructively in the work ahead.  
 
43. Republic of Moldova  
 
On the upcoming Ministerial Co nference, Moldova would be pleased to support the proposal that is 
to be examined in the upcoming General Council meeting. We reiterate that our delegation is ready 
to work constructively with Members to ensure meaningful and successful outcomes for MC12 a nd 
beyond. There are too many areas where decisive process needs to be achieved.  
 
With reference to the ongoing negotiations and discussions in various within this House, I would like 
to stress the following:  
 
On fisheries, Moldova follows the ongoing nego tiations and supports the conclusion of the current 
negotiations on fisheries subsidies by MC12 which in our view shall result in a significant and 
implementable outcome rather than just ticking a box. Understanding the differences that remain, 
we urge all  Members to show greater flexibility and constructive engagement to build upon existing 
common elements in Members' position that leads to consensus -based meaningful results.  
 
On agriculture negotiations, we align to the statement delivered by Panama on be half of Article XII 
Group members. Recently, we have seen revival of the agriculture negotiations. Different Members 
have come up with proposals showing interest and willingness to take further steps to reform the 
sector and address the subsidies and high trade barriers that distort agricultural trade – but focusing 
mainly on one pillar. In this context, I would like to reiterate that, the Republic of Moldova, as an 
Article XII Group member, the negotiations in all agriculture pillars remain relevant as imb alances 
continue to remain between the commitments of Article XII Members and the original ones.  
 
Tariff negotiations must result in substantial reform in trade distorting domestic support and market 
access where Article XII members including Moldova clea rly went for trade liberalization reducing 
subsidies entitlements binding its coverage as 100% and reducing tariff barriers – expecting original 
Members would follow suit as they had agreed previously.  
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  As mentioned repeatedly in different meetings and for mats by our Article XII colleague from Panama, 
we do not seek to backtrack on commitments we undertook on accession at the request of Members 
with much higher levels of entitlements and flexibilities. However, this means that, to reach a level 
playing fiel d, all Members, especially those who currently have the highest levels of flexibilities will 
have to make significant adjustments.  
 
With that in mind, Moldova commends Facilitators of small groups for their efforts made to 
reinvigorate the discussions and, in this context, we will be ready to support Members' proposals 
targeted to substantially increase market access for agricultural goods and progressively reduce 
trade and production distorting domestic support in a fair and proportionate m anner that will take 
into account the commitments made by Article XII Members.  
 
Additionally, we shall take into consideration the complexity and interlinkage of this negotiation with 
other sectors as services, intellectual property rights and others which  shall result in more realistic 
expectations towards MC12 and beyond.  
 
On JSIs, we are co -sponsors of all JSIs establishment in the WTO. As many other Members, we see 
this initiative as substantial deliverables at the Ministerial Conference and beyond. Thi s will enable 
the multilateral trading system to catch up with new realities of global trade. Moldova remains 
committed to support and make greater contributions as we move forward including in some newly 
established initiatives such as Trade and Health as  well as Trade and Environment Sustainability.  
 
We maintain the view that our common efforts must be oriented towards keeping the WTO relevant 
and efficient including from these trade issues which added some fresher air to negotiations within 
the WTO – registering commendable results during last year. We also encourage other Members to 
support these initiatives.  
 
44. Angola  
 
My delegation aligns itself with the statement made by Chad, on behalf of the LDC, by Jamaica, on 
behalf of the ACP, and by Mauritius, on behalf of the African Group and in order not to be repetitive, 
we will only refer to two negotiations clusters.  
 
It was difficult to realize that, even before the outbreak of COVID -19, global food systems faced a 
"double challenge" of, simultaneously provi ding food security and nutrition to a growing global 
population while, ensuring the livelihood of millions of people. Today, COVID -19 compels us to 
reinforce the idea that we must take urgent action to ensure that food supply chains continue to 
function in  order that satisfy everyone's needs.  
 
We continue to hope that our appeals, have the appropriate support in the ministerial decisions, 
regarding the agricultural cluster, namely:  
 
• Negotiations should result in fair rules and address the systemic imbalanc es in the 
Agreement on Agriculture. Fairness will be driven by reform of domestic support, and 
by reducing drastically or eliminating subsidies that distort agricultural trade;  
 
• The green box support represents the largest volume of support in some of the major 
subsidiaries. Hence the need for greater transparency in order to ensure that, in fact, it 
is not distorting trade;  
 
• SDT, especially for LDCs, should be an integral part of any outcome in this area;  
 
• Reiterate our request for aggregate measurement of support (AMS) above the minimis.  
 
• A permanent solution to the issue of public stockholding for food security purposes and 
allowing them to use a SSM to counter import charges and prices drops in food 
commodities and cotton, should include th e following elements: (i) cover existing and 
future programs; and (ii) not impose onerous requirements of transparency.  
 
Regarding fisheries subsidies cluster, it is important to fulfil the mandate of the Ministers to complete 
the negotiations, hopefully t his year.  
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  It is more than clear that the objective of the negotiations in this cluster is to elaborate disciplines 
to eliminate the subsidies that contribute to IUU fishing (Illegal, unreported, and unregulated 
fishing), overfishing and overcapacity and save the efforts of the President. Angola continues to see 
with despair that countries, that most subsidize, do not yield, but technically introduce texts that 
are not very clear, causing the process to stagnate and still request the introduction of more 
exceptions.  
 
With this behaviour  it will be very difficult to preserve our oceans. We need to ban all forms of 
harmful subsidies as well as defining geographical limits of fishing to protect marine fauna.  
 
Angola reiterates the principle that, negotiations in this area should i) preserve the sustainable 
development of our fishing industry, mainly artisanal and for subsistence purposes; ii) respect the 
rights of coastal States and not impose disproportionate burdens on developing countries, including 
LDCs.  
 
We call on all members to continue a frank and constructive dialogue, and not to lose the focus that 
"developing countries needs and interests" should always be at the heart of this Round.  
 
45. Uruguay (Informal Working Group on MSMEs)  
 
As I reported at the las t TNC Meeting, the WTO MSMEs Group officially endorsed a package of six 
recommendations and declarations to support MSMEs' participation in international trade. The 
document was circulated as document INF/MSME/4 in December. Since then, Ukraine, Mauritius,  
Togo, Thailand, Kuwait and Cambodia have expressed their support to the package. This brings the 
total number of Members sponsoring the package to 95. A revised version of the document with the 
additional sponsors will be circulated in the coming days.  
 
As for the activities of the group, we continue to interact closely with the private sector to identify 
potential issues and solutions to promote MSMEs' participation in international trade. On 15 
December, we held a webinar with the private sector to prese nt the package of recommendations 
followed by a discussion to explore topics that could be considered by the Group. Around 200 
participants attended representing all regions and levels of development. On 18 February, the 
Informal Working Group held its fir st open -ended meeting with presentations by international 
organizations and business associations as well as discussions of new topics of interest to the group.  
 
While implementation of the package is clearly a priority, we are also thinking about our obj ective 
for MC12, specifically, delivering a practical outcome.  
 
I would like to conclude my statement reminding delegations that this is an open group – open to 
all WTO Members. The more Members join the MSMEs cause, the more impact we can have on our 
MSMEs especially in these very hard times that we are facing.  
 
46. Uruguay  
 
Uruguay welcomes the appointment of Dr. Ngozi Okonjo -Iweala as WTO Director General and future 
Chair of this Trade Negotiations Committee at the level of Heads of Delegation. We express our full 
commitment to working with her to advance the WTO reform agenda, particularly in the run up to 
the Twelfth Ministerial Conference.  
 
Agriculture  
 
Uruguay wishes to thank Ambassador Gloria Abraham for her work and report on the state of play  
of the negotiations in this area.  
 
We welcome the increased exchanges at the technical level in the facilitator process and in the three 
pillars and seven topics of these negotiations.  
 
Uruguay has participated and will continue to participate actively an d constructively in the 
discussions, and hopes that the work in different configurations results in an incremental yet 
significant package of outcomes on agriculture this year.  
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  In particular, Uruguay hopes that we are able to make progress in the discussi ons aimed at agreeing 
an overall goal for the limitation and reduction of the authorized levels of production  and trade 
distorting support globally, based on the principle of proportionality in contributions and taking into 
account individual development n eeds.  
 
Furthermore, Uruguay will continue to participate actively in the discussions on the various aspects 
that may contribute to an outcome on market access, including the outline of a general framework 
for the setting of principles designed to reinvigor ate negotiations in this crucial area of agricultural 
reform, in which so much remains to be done.  
 
Fisheries  
 
Our delegation considers that the need to fulfil the mandate continues to be urgent and reiterates 
its commitment to concluding negotiations this  year. 
 
Arriving at the Twelfth Ministerial Conference with an agreement ready to be adopted by Ministers 
will be a key test for this Organization to demonstrate that it is still able to fulfil its mandate by 
securing a shift in the course of the global fi shing fleet towards sustainability.  
 
It needs to be understood that this negotiation requires us to look beyond national interests in order 
to reach an agreement that is anchored in the higher interest of the international community for the 
fulfilment of t he Sustainable Development Goals.  
 
Lastly, we reiterate our support for the leadership of the Chair of negotiations in order to reach 
compromises and a substantive agreement that changes the status quo.  
 
47. Costa Rica (Joint Initiative on Services Domestic Regulation)  
 
I welcome the opportunity to provide an update on the open -ended negotiations in the context of 
the Joint Initiative on Services Domestic Regulation.  
 
After a very productive 2020, all Members participating in the Initiative – 63 at the moment, covering 
about three -quarters of world services trade – consider that in these negotiations there is genuine 
potential for an outcome in the near future.  The adoption of disciplines that can contribute to further 
facilitating services trade and  promoting economic growth and development is the primary goal of 
Members participating in this Initiative.  
 
Thanks to the hard work and pragmatic attitude of all delegations throughout last year, I was able 
to issue a revision of the draft Reference Pape r in December 2020. It constitutes a "close to final" 
version of the negotiating text.  
 
57 Members have already circulated their indicative draft schedules, which signal how the disciplines 
would be incorporated in their respective GATS Schedules: these d rafts confirm participants' 
commitment to a legally binding GATS -plus outcome, to be applied on a n MFN basis.  
 
The disciplines on services domestic regulation build upon regulatory obligations in the GATS and 
represent improvements of participating Member s' existing commitments.  
 
In substance, they precisely cover  the types of measures that are listed as areas for GATS additional 
commitments, namely qualifications, licensing, and standards.  
 
And they will be given legal effect not by adding a new agreemen t to the WTO architecture, but by 
applying well -established multilateral WTO procedures to improve Members' Schedules of specific 
commitments.  
 
Let me also reiterate, that the GATS Article VI:4 mandate – to develop any necessary disciplines on 
domestic re gulation – is not, will not, and cannot, be affected by the fact that Members participating 
in this Initiative will undertake additional commitments on domestic regulation.   
 
Looking ahead, 2021 represents a very important year for the Initiative: while wo rking hard to 
stabilise the text of the Reference Paper and to gain the support of additional WTO Members, the WT/GC/M/190  
 
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  Initiative is planning the next procedural steps to finalise the negotiations, and in particular the time 
and modalities for fruitful ministerial  engagement.  
 
Services domestic regulation is, as has been stated on several occasions, one of the most promising 
prospects for delivery by MC12. Attaining a meaningful result will renew energy and trust in the 
multilateral trading system and the WTO as a  negotiating forum.  
 
The Initiative's process will remain open, inclusive, and transparent to all WTO Members.  I invite all 
Members not already part of this process to engage actively in the discussions and consider joining 
the Joint Initiative on Service s Domestic Regulation.  
 
48. Sri Lanka  
 
With the assumption of duties by Dr. Ngozi Okonjo -Iweala physically on Monday, we will proceed 
into a new phase of WTO 's affairs and strongly believe that we will see real progress on many key 
issues during her tenure of office.  
 
COVID -19 had affected all aspects of their lives and it continues to do. It is still posing significant 
challenges to the already strained food,  nutrition and livelihood security of poor and vulnerable 
farmers, in several developing countries and LDCs.  
 
It had forced countries to reconsider their priorities and review their development plans for the future 
years making human life and human health top priorities together with employment, education and 
social welfare.  
 
Trade finance and resilience of national economies are policy objectives for economic revival. At 
present, Sri Lanka is desperately trying to handle two main challenges at the same ti me: the low 
and volatile prices of its major exports to the world, the loss of export revenues and the COVID -19 
pandemic, particularly the renewed challenges emanated with increased number of infections. All 
three of them continue to have huge impacts on S ri Lanka's economy. Like everywhere else, all 
sectors have been greatly affected and many people had lost their jobs and livelihoods.  
 
Due to the volatility, COVID -19 has added more challenges to the limited resources of developing 
countries and particular ly to the small developing countries such as mine. The pandemic is showing 
the gap in their digital infrastructure when people have to work from home and students have to 
pursue their education using means of virtual schooling. Connectivity issues and lack  of skills have 
been obvious. Many SMEs have lost their businesses.  
 
As we are still witnessing the challenging times that it is required for us demonstrate solidarity and 
cooperate with each other in tackling the issues impacting their economies, while a ccording and 
upholding the cardinal principles of the special and differential treatment.  
 
Turning to the mandated negotiating issues:  
 
We are of the view that there is a lot of work that need to be done to ensure meaningful progress 
on the mandated issue s. Agriculture and fisheries subsidies negotiations currently need Members' 
utmost attention in the lead up to MC12.  
 
Sri Lanka wishes to highlight the crucial importance of making substantive progress in the area of 
agriculture negotiations, and in parti cular, the WTO needs to achieve significant progress to achieve 
a permanent solution on public stockholding for food security purposes and a comprehensive and 
balanced outcome on a special safeguard mechanism. Members should redouble their efforts to 
advan ce those mandated issues, rather than brining new issues for which there are no negotiating 
mandates. In the context of agriculture reform, particularly on reforming disciplines on domestic 
support, the efforts being made to categorize subsidy programmes c overed under Article 6.2 as 
trade distorting is very disturbing and there should be a balance and Members should focus and 
promote p rogrammes that ensure food security, as they are essential in addressing the challenges 
faced during the current pandemic an d its future impact.  
 
On fisheries subsidies negotiations, despite technical difficulties associated with remote participation, 
Sri Lanka had actively engaged in the negotiations. Any outcome in those negotiations should stay 
true to the SDG 14.6 mandate and be in keeping with all established principles of the covered WT/GC/M/190  
 
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  agreements. Further, Sri Lanka urges the Members to remain in line with the Buenos Aires mandate 
in prohibiting certain forms of subsidies that contributed to overfishing and overcapacity. It  is not 
the WTO's mandate to encroach on to other international organizations that have a mandate on 
fisheries management and sustainability issues. In fact, the overlap approach is contributing to 
prolonging the negotiations.  
 
Further, Ensuring SDG 14.6 should not be at the expense of attaining other SDGs. The cure should 
not be worse than the disease. Regular fisherfolks, who rely on government support for their 
livelihoods and those of their families and communities, should be given special consideratio n. The 
disciplines should not punish the individuals and communities who often times operated under harsh 
circumstances. Too many of those communities not receiving support would mean no work and no 
money and would ultimately lead to more poverty. That wou ld impede the attainment of SDG 1 
which aimed at ending poverty in all its forms everywhere by 2030.  
 
Members should do all they can, so that they would not solve a problem by creating a new one. In 
the same vein, the developmental gap between countries c ould not be ignored and should be taken 
into account. Any outcome should preserve appropriate S&DT according to the mandate and 
Members' needs.  
 
In addressing the impasse on the Appellate Body, Sri Lanka calls on Members to renew their political 
will in r esolving the issue in an expedited manner. No doubt that as already stated, Dr. Ngo zi our 
new Director -General should place that agenda as an immediate priority in order to facilitate a new 
dialogue between Members to end the impasse.  
 
In conclusion, we wi sh to assure the entire membership that Sri Lanka, which still believes that WTO 
system promotes and upheld realization of equal benefits to its members , will continue to participate 
effectively and meaningfully in the ongoing negotiations while making it s contributions towards 
successful outcomes at MC12.  
 
49. Bolivarian Republic of Venezuela  
 
The Bolivarian Republic of Venezuela welcomes the convening this meeting, the presentation of your 
activity report and the reports of the chairs of the negotiating groups.  
 
Given the multiple challenges we are collectively facing, there is undoubtedly an urgent need to 
reconfigure the multilateral trading system to bring it into line with the changing times. However, 
any approach to reform must start by r ecognizing and taking action on the historical issues that 
have been left lagging behind on the WTO agenda and which are essential to ensure that trade is a 
truly inclusive development tool for all its Members. We need a fair, reliable and predictable 
multilateral trading system, based on solidarity and common and transparent rules, which respects 
States' sovereignty and their inalienable right to self -determination.  
 
Our Delegation places priority on the principle of appropriate and effective special and d ifferential 
treatment for developing countries and least developed countries. In the negotiations on fisheries 
subsidies, we hope that more flexible rules for artisanal and small scale fisheries can be adopted. In 
the negotiations on agriculture, we hope t hat flexibilities for Net Food Importing Countries will be 
recognized and that specific areas of flexibility can be incorporated to enable us to achieve the 
objectives of food security, security of the means of subsistence and rural development. In the 
negotiations on trade and development, we support the G90 proposals.  
 
With regard to the organizational structure of the WTO, we reiterate the urgent call to reactivate the 
Appellate Body. The need for reform is no argument for forcing it into a state of para lysis. 
 
Added to this busy agenda is the urgent need to provide a collective response to the COVID 19 
pandemic. In this context, our country co -sponsors the document entitled "Proposal for a Waiver 
from Certain Provisions of the TRIPS Agreement for the Pre vention, Containment and Treatment of 
COVID 19", which calls for a waiver for all WTO Members from certain provisions of the TRIPS 
Agreement relating to the "prevention, containment or treatment" of COVID 19. We are convinced 
that we must rise to the curre nt challenges and be willing to facilitate access to vaccines and other 
essential resources to tackle this pandemic, and it is clear to us that the collective interest must 
prevail as the only option.  
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  In addition to the crisis caused by COVID 19, in Venez uela there is also the negative impact of the 
illegal unilateral coercive measures imposed by the United States and its allies, which is significantly 
reducing financing sources, impeding the supply of medicines and medical equipment and affecting 
the enjo yment of human rights and the right of peoples to self-determination , in violation of 
international law, the Charter of the United Nations, the rules contained in the WTO Agreements and 
the principles governing peaceful relations among States. The prelimin ary report prepared by the 
UN Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of 
human rights, Ms Alena Douhan, on her visit to our country from 1 to 12 February 2021, confirms 
this. I invite you to read this init ial report carefully and I appreciate the understanding and solidarity 
of WTO Members in denouncing the unilateral coercive measures as a criminal practice and a 
violation of public international law.  
 
Acknowledging the coordinated work carried out by the four Deputy Directors General during this 
transition period, I would like to end my statement by reiterating our hopes for the new phase 
beginning in this Organization on 1 March. We extend our best wishes to the Director General for 
every success in her n ew role, together with our wish to contribute from the different parts of this 
Organization to the consolidation of dialogue among peoples, international solidarity and peace 
diplomacy. She can count on all the support of our Permanent Mission.  
 
50. Thailand  
 
At the outset, Thailand would like to thank you and the Chairs of negotiating bodies for the 
comprehensive reports provided.  
 
Last week, the WTO marked a historical milestone by reiterating its solidarity and endorsing the 
appointment of the new WTO Direct or-General, Dr. Ngozi Okonjo -Iweala. This has sent a much -
needed positive signal that the WTO is now ready to embark on the next chapter.  
 
As highlighted by the incoming DG in her statement, many challenges remain, and we all have a 
responsibility to step up and take an active part to bring the global economy back on track, and 
Thailand supports Dr. Ngozi 's efforts to make the WTO an instrume ntal force for a strong, 
transparent, and fair multilateral trading system.  
 
Having said that, we would like to reiterate the three areas of issue which are of most crucial for the 
WTO.  
 
First, the issues of immediate urgency that members need to agree upo n as soon as possible, 
include:  
 
• Deciding on the date and venue for MC12 to allow the members to chart our work ahead 
to effectively arrive at concrete outcomes by MC12.  
 
• Delivering a meaningful multilateral agreement on fisheries subsidies with a view to 
fulfilling the ministers ' mandate and SDG 14.6.  
 
• Finding mutually agreeable solution on Appellate Body impasse to preserve a well -
functioning two -tiered Dispute Settlement System.  
 
Second, to ensuring trade flows and minimizing impacts from the pandemic. W ith that, Thailand 
would like to urge members ' cooperation in several key areas, including exempting the imposition 
of export restrictions for food purchases by the World Food Programme, promoting participation of 
MSMEs in international trade, and enhancin g trade facilitation for timely and efficient release of 
global goods, to ensure the WTO 's proactive role in the fight against the global pandemic.  
 
Third, issues relevant to promoting timely global economic recovery. These will be key to restoring 
resilie nce, achieving inclusive economic recovery, and at the same time strengthen the WTO 's 
relevance.  
 
• Agriculture, an agreement by MC12 on a concrete and meaningful negotiating 
framework on domestic support that aims to tackle trade distorting domestic support  in 
a proportionate manner will be imperative.  
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  • On the Joint Statement Initiatives on E -Commerce and Services Domestic Regulations, 
Thailand remains committed to the negotiations process with an aim to making 
substantial progresses at MC12.  
 
• As a co -sponso r of the Informal Dialogue on Plastics Pollution and Environmentally 
Sustainable Plastics Trade, Thailand would like to encourage engagement of members 
with a view to tackling plastic pollution and pave way for a better sustainable circular 
economy.  
 
• Lastly, a reform of the WTO focus on strengthening the efficiency and effectiveness of 
its transparency and monitoring functions is needed, as well as consideration of 
balanced integration of emerging trade -related issues to the WTO 's work. This would 
ensure that the WTO can support members in addressing new and traditional challenges 
in an effective, inclusive, and sustainable manner.  
 
51. India  
 
First of all , let me place on record our appreciation to all the DDGs and the GC Chair in ensuring 
smooth working of the WTO during the transition period in the past few months. It is indeed a matter 
of great relief and satisfaction that the new DG is assuming office next week.  
 
I also thank the DDG for his report and the Chairs of the Negotiating Groups on Rules, Agriculture, 
Development, Services and the TRIPS Council for their respective reports.  
 
State of Play  
 
The selection of new DG and the possibility of MC12 l ater this year have given us a good start to 
2021.  I hope we can sustain this positive momentum for the rest of the year and conclude it on a 
happy note by delivering a successful MC12. The road ahead, however, has some obstacles.  The 
continued impasse of the Appellate Body and our inability to agree on a package of meaningful 
measures to address the pandemic is symbolic of the deep divisions. We are also quite far from an 
agreement on fish subsidy negotiations.  
 
WTO has responsibility to facilitate recover y of global economy through trade. In order to do that, 
we need to do better in 2021. But in our zeal to demonstrate performance, we should not push down 
issues that did not make any headway in the past 10 -15 years. The need of the hour is finding 
practica l solutions that is needed during a pandemic to save human lives, livelihood bring back 
consumers ' confidence and arrests the losses in the world output and thereby restore growth in 
trade.  
 
TRIPS Waiver  
 
There is no difference of opinion on vamping up man ufacturing of COVID -related products including 
vaccines. The proposal for temporary waiver from the provisions of TRIPS Agreement is first on our 
priority list.  We need true vaccine internationalism and the Waiver is an effective and pragmatic way 
to achie ve it. An outcome on this will not only help in saving valuable human lives but will also give 
a comforting signal to boost the consumer confidence and will accelerate the recovery of world trade 
and world GDP. All sectors of economy are equally important for growth, therefore, interest of few 
companies to the tune of tens of billions of dollar should not come in the way of restoring trillions of 
dollar of world output and hundreds of thousands of human lives.  Imposition of lockdown does not 
mean that Membe rs have given up on the principle of Right to Life or Right to Freedom of Movement; 
in a similar manner temporary waiver of certain provision of TRIPS agreement, by following due 
process does not mean that Members have given up on the principle of Intellec tual Property rights.   
 
Movement of healthcare Professionals  
 
The pandemic has highlighted the need for ensuring easier cross -border movement of health care 
professionals. Members who could have been able to mobilize a greater number of such professionals 
to save lives were not able to meet increased demand due to restrictive trade practices in Services 
sector. We must start working on having a multilateral initiative in this respect for an outcome in 
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  Appellate Body  
 
Resolution of the crisis in the A ppellate Body is another priority. We must immediately re -engage to 
restore the two -tier dispute resolution system.  
 
Reform Agenda including Special &Differential Treatment (S&DT), Legal Status of JSIs  
 
• We draw Members ' attention to the document WT/GC/W/778/Rev 3 that India along 
with other co -sponsors tabled before the December 2020 GC. The proposal 
encompasses the priorities of developing countries including LDCs regarding an inclusive 
and balanced reform agenda for th e WTO. It also emphasizes how S&DT is central to 
the founding principles of the WTO. We strongly support the G90 proposals contained 
in the document JOB/TNC/79 and are pleased to see progress on textual discussions. 
We hope for a meaningful outcome by MC12 . 
 
• On legal status of JSIs and their negotiated outcomes, India and South Africa has 
circulated a document WT/GC/W/819.  I do believe that Members would find it useful 
and timely.   
 
Agriculture  
 
The facilitator process is moving forward and we hope very soo n we will have their comprehensive 
reports of consultations and progress. India is actively and constructively participating in these 
facilitator consultations, but our priorities remain to find a permanent solution to the PSH. We believe 
any effort to mee t the food security challenges must address the structural deficiencies. A simple, 
efficient, and permanent solution on extending PSH for food security purposes to new programs and 
new products should be a key deliverable.  
 
Fisheries Negotiations  
 
I once a gain reiterate that common but differentiated responsibility and ‘Polluter Pays ' principle 
should be applicable in any agreement relating to sustainability. Those who have provided huge 
subsidies leading to overfishing and over capacity should take higher cuts in subsidy and capacity. 
We will not accept an outcome that favours those with advanced fisheries conservation and 
management measures while putting at disadvantage developing countries who have to catch up on 
these measures.  Fishing nations with larg e number of industrial vessels should set the example by 
voluntarily reducing their harmful subsidies and capacity; and repay their overdue ‘debt ', in 
proportion to what they owe. S&DT in the final outcome must be effective and appropriate, having 
regard t o the development needs, livelihood and food security concerns of millions of small fishers 
of developing countries including LDCs.  
 
Electronic Commerce  
 
The pandemic has shown that the need of the hour is to build capacity in areas such as digital skills  
and digital infrastructure, rather than negotiating binding rules on e -commerce. It is time to bring 
clarity on the scope of the moratorium on custom duty on electronic transmission, its potential 
impact on the sustainability of the domestic industry and negative impact on job creation and 
revenue generation. We need to reinvigorate the mandated work under the 1998 Work Programme 
on e-commerce in various Councils.  
 
To conclude, in 2021 India stands ready to work cohesively to put in place balanced outcome  that 
addresses both the immediate priorities confronting the WTO and the long -term solutions it needs.  
 
52. South Africa  
 
We support the Statements by the ACP and the Africa Group.  
 
We welcome the conclusion of the process for the appointment of Dr Ngozi Okonjo -Iweala. We look 
forward to the DG`s facilitative role as Chair of the TNC on the mandated issues which need to be 
prioritized especially in the context of the upcoming Minister ial conference.  
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  COVID -19 has resulted in the biggest health and economic crisis that has devastating socio -economic 
implications for all our countries with a disproportionate impact on developing countries. We need 
to define the agenda carefully informed by the unprecedented challenges presented by COVID -19. 
Such an agenda must promote inclusive economic recovery. The time is ripe for a conversation about 
the nexus between trade and development and the contribution of the WTO in achieving the goals 
set in the Marrakesh Agreement. The agenda we set must be realistic, be responsive to the current 
context and recognize the strategic vulnerabilities exposed by the pandemic. Economic recovery 
depends on our ability to deal with the pandemic, a solution -oriented conversation is urgently needed 
on securing timely, affordable and equitable access to vaccines and therapeutics and we must find 
a balanced outcome on the TRIPS Waiver.  
 
In relation to Agriculture, substantial reform of domestic support is urgent and we must have an 
outcome at MC12.  A food security agenda is going to be critical. This can start with a contribution 
to the WFP, to be complemented by a permanent solution for PSH and preserving support to resource 
poor farmers under Art 6.2. A meaningful outc ome in agriculture negotiations should address 
historical imbalances, promote food production, address concentration and must also deliver on 
cotton and SSM. We reiterate that the process must be inclusive, transparent and allow participation 
of all.  
  
On Fisheries Subsidies Negotiations, we thank the Chair for his report and efforts. The aim of the 
negotiations is sustainability, therefore the concept of common but differentiated responsibility is 
key. The outcome must ensure that members that provide har mful subsidies cannot continue to do 
so. Importantly, management aspects should not be brought into the WTO.  Disciplines must target 
large scale industrial fishing and safeguard food security and livelihoods of small -scale fisheries. The 
outcome must deliv er on all the pillars of the mandate, including S&D. In this regard, S&D should 
be meaningful and cannot be limited to transitional periods. Text -based negotiations must be 
inclusive and Member -driven.  
 
In relation to S&D, we thank the Chair for convening the first of a series of substantive discussions 
among Members on the G90 ASPs. S&D is a treaty embedded right and the mandate is to make it 
precise, effective and operational. This mandate remains important in ensuring fair and equitable 
outcomes in the W TO. We call on Members to engage on the G90 proposals in good faith.  
 
In relation to JSI, as indicated in document WT/GC/W/819 on "The Legal status  of JSIs and their 
negotiated outcomes ", any group of Members may discuss any issue informally. However, when  
such discussions under JSIs turn into negotiations and their outcomes are sought to be formalized 
into the WTO framework of rules, it can only be done in accordance with the rules of procedure for 
amendments and decision -making as set out in the Marrakesh  Agreement. We look forward to a 
discussion on this issue at the upcoming GC. South Africa reiterates the importance of consensus 
decision making which remains a cornerstone for the multilateral trading system.  
  
On e-commerce, the multilaterally mandated work is the  Work programme and we must reinvigorate 
the work through the various bodies of the WTO. The outcome on the e -commerce moratorium at 
MC12 will depend on clarifications with regard to the scope and definition of electronic transmissions.  
 
The dys functionality of the Appellate Body is a systemic issue that undermines the enforcement 
function of the WTO, renders the negotiations pointless and must be resolved as a matter of urgency.  
 
In relation to WTO reform, we must safeguard the multilateral char acter and preserve the key 
principles of the WTO, as well as ensure an inclusive multilateral trading system that promotes 
equitable growth and development. Importantly, WTO reform must support the structural 
transformation of our economies, employment and  improving living standards.  
 
We once again congratulate Dr. Ngozi Okonjo -Iweala and we look forward to work constructively 
with her and the membership as we prepare for MC12.  
 
53. Mauritius (African Group)  
 
I deliver this statement on behalf of the African Gr oup. 
 
At the outset, allow me to thank you and the Chairs of the Negotiating Groups for the update.  
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  2020 was a challenging year.  The world was unexpectedly struck by the COVID -19 pandemic that 
put to test the natural predisposition of countries to strike the right balance between competition 
and collaboration.  
 
At the level of the WTO, the system was challenged as the Appellate Bod y became non -functional 
and the Organisation remained without a Director General for several months.  
 
We commend and thank the dedicated team of DDGs who have steered the Secretariat in trying 
times to ensure that the WTO continues to play its crucial role  as the cornerstone of the multilateral 
trading system.  
 
The year 2021 augurs well for the organisation.  The appointment of Dr. Ngozi Okonjo -Iweala to the 
post of Director -General two weeks ago was a historical moment for the membership, the institution 
and of course, the grand lady that she is.  
 
We can now turn our attention to the preparations for MC 12  
 
The African group will work constructively with all Members and with Dr. Ngozi and her team towards 
the consolidation of the WTO as a people centred orga nisation that drives trade within a universal 
framework of development, sustainability and inclusivity.  
 
As we expect an intensification of discussions, over the coming months, including on the various 
issues that would eventually constitute the MC12 outco me, let me highlight some of the areas that 
the African Group considers crucial.  
 
TRIPS Waiver  
 
First and foremost is the need to secure peoples ' health and enable countries to deal with the COVID -
19 pandemic.  These days it is often repeated that ‘no one is safe until everybody is safe '. To us this 
is a logical adaptation of the principle of collective security in the face of a deadly pandemic.  
 
We regret deeply that there is no agreement as yet agree on the TRIPS Waiver proposal initiated by 
India and South Africa, and which now has more than 50 co -sponsors, including the Africa Group.  
Whilst financial aid is welcomed, it is insufficient on its own  to meet the target of equity in vaccines. 
We need to produce more and produce faster as variants come to further challenge our capacity to 
provide adequate vaccines, and indeed other medication for the global population.  
 
We, therefore, need to address th e issue of timely, equitable and affordable access in a balanced 
manner as part of a balanced outcome at MC 12.  
 
Development  
 
Special and differential treatment remains essential for developing economies, including LDCs and 
small island developing states.  In fact, the vulnerabilities of African economies have been laid bare 
by the COVID -19 pandemic, highlighting the need for flexibilities and policy space to pursue 
economic recovery in a sustainable manner.  
 
We are confident that the G90 document provides a  good basis for discussions on the 
operationalisation of the ten carefully identified SDT provisions.  Without effective and operational 
SDT, existing or new trade rules would have little meaning for African countries as our rightful 
development aspirations  will remain elusive.  
 
Agriculture  
 
We see Agriculture, and Fisheries as part of the Sustainability agenda of the WTO. The African Group 
emphasizes that agriculture is an area of utmost priority and looks forward to a balanced and 
concrete outcome which would include a permanent solution on PSH and SSM for developing 
countries especially LDCs and NFIDCs, and which would address inequities arising from trade 
distorting domestic support, including for cotton.  
 
The African group stands ready to engage in good faith with others with a view to reaching a 
meaningful and development friendly outcome. We look forward to participate in a transparent and WT/GC/M/190  
 
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  inclusive process that seeks to build convergence and we stand ready to work with the Chair and 
the Facilit ators in this regard.  
 
Cotton  
 
The African Group calls for progressing work on the cotton issue. We request that the C -4 submission 
of a draft General Council Decision for a Joint Action Plan to enhance support for cotton by -product 
development in LDCs be  advanced. We trust that through such an Action Plan, resources can be 
mobilized to support the implementation of projects and programmes envisioned therein.  
 
Fisheries Subsidies  
 
On fisheries subsidies negotiations, we thank the NGR Chair, Ambassador Sant iago Wills, for his 
tireless efforts to move the negotiations forward.  
 
We also thank Ambassador Didier Chambovey for patiently listening to us and endeavouring to find 
convergence on SDT – an area of discussions that is important for the African Group and  which is 
unambiguously included in our negotiation mandate from MC11.  
 
The African Group once again expresses its concern over the lack of progress and persisting 
divergences on the approach to disciplining subsidies that contribute to overcapacity and ov erfishing.  
 
Let me highlight that it is our collective responsibility to agree on a balanced outcome on fisheries 
subsidies that would embed sustainability in WTO rules.  In so doing, the sovereign rights of members 
in managing their marine resources should  remain untouched.  The acceptance of the principle of 
common and differentiated responsibility should guide us in successfully concluding the negotiations.  
 
Electronic Commerce  
 
While e -commerce has boomed since the beginning of the pandemic, its benefits have not been 
fairly or equitably distributed highlighting the existing digital divide.  
 
The African Group, therefore, advocates the need to reinvigorate the 1998 Work Programme with a 
view to comprehensively addressing the development aspects of e -commerc e facing African 
countries.  
 
Appellate Body  
 
Since more than a year now, we have a non -functional Appellate Body as the vacancies have not 
been filled.  Such a state of affairs undermines the credibility of a rule -based system and encourages 
violations.  Urgent action is therefore needed to bring the Appellate Body back in operation.  
 
WTO Reform  
 
The African Group recalls its paper WT/GC/W/778/Rev.3. We wish to emphasize the need for 
discussions on WTO reform to be always inclusive, transparent, realistic and more importantly, 
enhance the development role of the organization.  
 
To conclude, let me t ake this opportunity to convey the appreciation of the African Group to 
Ambassador Walker for fulfilling his mandate as the General Council Chair with professionalism and 
dedication.  His tenure delivered on the advancement of the WTO agenda in the face of many odds 
and a chapter of history with the appointment of Dr Ngozi as Director General.  Your Chairmanship 
will be remembered Ambassador Walker.  
 
54. Afghanistan  
 
I express our appreciation to the Chairpersons of Negotiating Bodies for their respective updates  on 
the current state of negotiations. I would like to express our gratitude to the DDGs and the WTO 
Secretariat for their tireless efforts.  
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  The year 2020 was an exceptionally difficult year for all of us with the unprecedented health crisis 
due to the CO VID-19 and its impact on our economies. The WTO has a vital role to play in overcoming 
the challenges exacerbated by this pandemic.  
 
Taking stock of the progress made in the WTO trade negotiations in the past, we should look at 
prospects for 2021 at this f irst meeting of the Trade Negotiations Committee of the year. With the 
appointment of our new Chair, Director -General Okonjo -Iweala, and the Twelfth Ministerial 
Conference in horizon, we hold the view that WTO Members must overcome the challenges recently 
faced to deliver substantive work and achieve concrete outcomes to reap the benefits of the global 
trade and development, based on fair, inclusive, sustainable, and rules -based multilateral trading 
system.  
 
My delegation supports the current negotiations a nd subscribes to the call upon all Members to 
engage constructively to achieve possible convergence on key issues such as development, based 
on solution -targeted and result -oriented approaches and efforts.  
 
To this end, Afghanistan is committed to engage i n these efforts and we believe that the current 
pace of the negotiations should be accelerated based on their mandate and urgency to balance and 
sustain the benefit of the global trade for all Members, especially for the most vulnerable economies 
and LDCs.  
 
Special and differential treatment is an essential part of the WTO Agreements for a fairer and more 
equitable system. All S&DT measures must be made more effective in compliance with the 
paragraph  44 of the Doha mandate - in line with the founding princi ples of the WTO.  
 
Afghanistan thanks Ambassador Wills for his progress reports and for advancing the fisheries 
subsidies negotiations. We recognize that there is still some work to be done to reach an Agreement 
and hope there will be a concrete outcome by MC12 to contribute to the Sustainable Development 
Goals.  
 
Agriculture Negotiations, especially on domestic support, remain a priority. We defend a reduction 
of the type of domestic support which distorts markets and competition, to the detriment of LDCs 
producers.  
 
My delegation welcomes the progress made in the Joint Initiatives on investment facilitation and 
micro, small, and medium sized enterprises. We reiterate our call for flexible rules in these areas 
considering Members' levels of development.  
 
We encourage Members to support the MSMEs package and we hope that its proper implementation 
contributes in MSMEs better access to global markets.  
 
Finally, Afghanistan supports the statements by Chad on behalf of the LDC Group, and by Panama 
on behalf of the  Article XII Group.  
 
55. Fiji (Pacific Group)  
 
We associate with the statement by the ACP and the LDCs.  
 
COVID -19 continues to adversely affect the global economy and we need to ensure that new rules 
under discussions in the various areas are able to support the rebuilding of our economies. At the 
same time, we should ensure that COVID -19 is not used as an excuse to delay important 
negotiations. One such negotiation is fisheries subsidies.  
 
The Pacific Group commends the Chair of the Negotiating Group on Rule s for his continuing hard 
work to assist Members move forward in the negotiations. The circulation of the Chair's second 
revised draft consolidated text on 18 December 2020 and the convening of two negotiating clusters 
have helped us to deepen our understa nding and engagement on technical and legal issues. 
However, much work remains to agree on approaches in overcapacity and overfishing and to resolve 
many technical issues as well as crosscutting issues which are less advanced. Small group 
discussions need to remain transparent and inclusive of all Members.  
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  For the Pacific Group, this agreement must deliver the SDG 14.6 mandate as well as contribute to 
the Pacific Alliance's objectives to strengthen management and conservation measures and to 
maximize econ omic returns to our fisheries resources. This agreement should target harmful 
subsidies and not fisheries management. These disciplines must be proportional and target large 
subsidizers and large industrial fields. In addition, this agreement should not un dermine the rights 
of coastal States of our national jurisdictions including our rights to overfishing access on terms that 
we determine as enshrined in UNCLOS.  
 
Our Group also commends the constructive work on S&DT by Ambassador Chambovey. For the 
Pacific Group, the fisheries sector is not only a matter of trade but this an important development 
sector. Therefore, special and differential treatment should not be limited to the transition periods 
and technical assistance and capacity building but should in clude the preservation of small scale 
artisanal fishing for livelihood security. Moreover, policy space must be given to developing Members 
especially small vulnerable economies and small island development States that have limited fishing 
capacity at pres ent to enable them to develop their fisheries sector in the future.  
 
COVID -19 has compelled us to diversify our economy to build resilience and the fisheries sector 
presents us with that potential. The Pacific Group remains committed to working with Member s to 
deliver a meaningful agreement on fisheries subsidies.  
 
On agriculture, the Group commends the CoA SS Chair and the Facilitators in assisting Members 
identify elements of negotiations. COVID -19 has exposed the vulnerability of import depended 
countrie s like those in the Pacific Group to the trade and export restrictions imposed by our trading 
partners. We continue to support discussions on reduction of trade distorting domestic support and 
finding solutions to PSH and SSM. As beneficiaries of the WFP, the Pacific Group thanks Singapore 
for its leadership of the World Food Programme Joint Statement.  
 
On development issues, the economic impact of COVID -19 in our region has been far -reaching with 
trade significantly reduced and key sectors affected. These have reinforced the need to reduce our 
dependence on one sector like tourism and to move towards the diversification of our economies. 
The G -90 proposals are more relevant now to help rebuild and diversify our economies. The Pacific 
Group therefore urges M embers to engage constructively in discussions on the G -90 proposals.  
 
On TRIPS, the Pacific Group encourages constructive discussions on the TRIPS Waiver for the 
containment and treatment of COVID -19 proposed by India and South Africa. This has been 
supported by many developing countries who fear being left behind as vaccines are rolled out in 
developed countries. While respecting the role of IP in supporting innovation, we must find solutions 
to ensure equitable access to vaccines at affordable price s. No one is safe until everyone is safe. 
Until everyone is safe, we cannot expect to rebuild back faster and better.  
 
56. Fiji 
 
We associate with the statements by the ACP and the Pacific Group.  
 
In terms of key issues for MC12, my delegation regards the following as priorities:  
 
First, we must address the disproportionate effects of the COVID -19 pandemic especially on small 
and vulnerable economies by pursuing avenues to assist Members who have been severely affected 
by the pandemic with serious implicati ons on the services sector. Our tourism industry generating 
40% of our GDP came to an abrupt halt. Small economies such as Fiji therefore need vast inflows of 
capital including grants, concessional loans and debt forgiveness to recover from the economic cr isis 
caused by the pandemic. This is our next great global challenge awaiting us.  
 
Second, the WTO needs to up its game and devise alternative avenues with its existing rules to 
provide flexibilities to small and vulnerable economies as in the Pacific that  remain at the forefront 
of natural disasters and climate change which continues to shatter infrastructure, food security, 
trade capacity, agriculture, services sector and people's daily livelihoods. This remains a heavy 
burden each year for our country. S ince 2016, cyclones have struck Fiji – one of those set the record 
as the hemisphere's strongest ever. In view of the 2030 SDG Targets and the ongoing rage of natural 
disasters and effects of climate change, the SDG Targets remain gloomier.  
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  Third, on the  fisheries subsidies negotiations, we thank Ambassador Wills for his continued 
perseverance and hard work. At this stage, we remain concerned that the fisheries subsidies 
agreement is deviating from the mandate of SDG 14.6 to prohibit certain forms of fish eries subsidies 
which contribute to overfishing and overcapacity. We are concerned on the emphasis on conditions 
attached to the prohibition whereby Members could continue to fund overcapacity and overfishing 
as long as they have the ability to demonstrate  fisheries management. If fisheries management 
worked in the past, we would not have been at this alarming stage. This discipline therefore must 
be proportional to target large and heavy catchers and leave aside those with limited to no capacity 
to subsidi ze. 
 
57. Colombia  
 
In this statement, I would like to discuss four specific issues, which are fundamental to Colombia, 
concerning the ongoing negotiations, which we hope will deliver positive results in the coming 
months.  
 
Firstly, with respect to agriculture,  we wish to highlight the renewed push that Ambassador Abraham 
of Costa Rica has provided to the technical work undertaken. She can count on our full support and 
our dedication to the proposed work of facilitators. As everyone knows, Colombia's priority is  the 
domestic support pillar. Domestic agricultural subsidies adversely affect a level playing field and 
reduce healthy competition between companies and producers to a size of wallet issue, always to 
the disadvantage of medium and small countries. As Memb ers, we should make ambitious 
contributions that are proportional to the distorting effect that existing subsidies have on world 
markets, while constantly seeking to implement the phase in commitments, signed by all of us, in 
Article 20 of the Agreement on  Agriculture and thus move towards improved market conditions in 
the agricultural sector.  
 
Secondly, in the negotiations on fisheries subsidies, we welcome the technical progress made in the 
negotiations in the last two clusters. Colombia, as a member of t he 6Lat group, is among those 
countries interested in achieving a high ambition outcome. The exceptions and flexibilities contained 
in the consolidated text should not have the individual or cumulative effect of undermining disciplines 
or legalizing the st atus quo. We emphasize the importance for the text to continue to evolve towards 
building consensus.  
 
Thirdly, as regards the Joint Initiatives, we wish to express our support for the progress made 
following the discussions that took place this year. We ar e greatly encouraged by the increased 
participation and support of Members in the discussions on e -commerce, investment facilitation for 
development, domestic regulation in services and SMEs. We reiterate our interest in ensuring the 
future multilateral ad option and implementation of the initiatives, which will help strengthen this 
Organization.  
 
Fourthly and lastly, we note with interest the impetus given to the issues surrounding the reform of 
the Organization. This confluence of interests, along with the opportunities provided by a new WTO 
Director General, suggest there will be intense cross cu tting negotiations in which Colombia will, of 
course, participate on an active, constructive and permanent basis.  
 
58. Uganda  
 
My delegation aligns itself with the statements by the African Group, the LDC Group and the ACP.  
 
We are delighted to welcome Dr. Ngo zi Okonjo -Iweala and looked forward to working with her to 
advance our work in this body. My delegation wishes to remind Members that our Ministers agreed 
in Nairobi that all issues of specific interest to LDCs shall be pursued on a priority basis.  
 
On ag riculture, more than 80% of our population heavily depends on agriculture for their subsistence 
and livelihood. It concerns us that major economies continue to provide domestic support, paying 
little to no attention on our Ministers' mandate on this issue.  Indeed, as we identify work towards 
MC12, it is of utmost importance to us that we find a solution that substantively and effectively 
disciplines domestic support.  
 
On S&DT, the Paragraph 44 Doha Mandate remains very clear. The African Ministers of Trade  in 
2017 reiterated that S&DT shall be an integral part of all WTO Agreements and future multilateral WT/GC/M/190  
 
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  outcomes and shall be embodied, as appropriate, in schedules of concessions and commitment and 
in the rules and disciplines towards being operationally ef fective and to enable developing countries, 
in particular LDCs, to effectively address their development needs in line with Africa's industrial 
development priorities as encapsulated in Agenda 2063. The use of trade policy instruments for 
industrialization  therefore holds tremendous for us. It is in this regard that we maintain the stance 
on the Paragraph 44 mandate towards supporting our industrialization objective.  
 
On services, my delegations welcomes work in the Council for Trade in Services on the LDC Services 
Waiver. We stand ready to continue working with all Members in order to find ways of making the 
most of the waiver. We continue to call upon encourage Members in a position to do so but have not 
notified preferences under the waiver to redouble th eir effort to notify preferences which have 
commercial value and promote economic benefits to LDCs.  
 
On e-commerce, the COVID -19 crisis has without a doubt unveiled the challenges my country faces 
in the making the most of the digital economy. E -commerce a nd digital solutions have proved to be 
the "go to" in recovery efforts. Amid numerous challenges, my government continues to forge ahead 
of strengthening public private sector cooperation to improve trade logistics and enhance supply of 
data services as we ll as boosting internet connectivity by extending infrastructure that has enabled 
firms to lower the costs of their services. It is in this spirit that we welcome continued discussion in 
the different bodies under the Work Programme on E -Commerce. As we he ad towards MC12, we 
continue to critically reflect on the implications of the moratorium on the imposition of customs 
duties on electronic transmissions on our economy.  
 
59. Cambodia  
 
Cambodia associates itself with the statement made by Chad on behalf of the LDC Group.  
 
We would like to congratulate members and the WTO for the progresses made in various areas of 
negotiations including E -commerce and Investment Facilitation for Development under the principle 
of open, transparent and inclusive manner.   
 
On fish eries subsidies, even though we could not conclude the negotiation as SDG 14.6 targeted by 
the end of 2020, we fully hope that the negotiation will be concluded not later than MC12. To make 
it happened; we need to have all levels of engagements and flexibi lities. We commend Amb assador  
Wills, Amb assador  Chambovey and members for their efforts to move the issue forward.  
 
On Appellate Body: my delegation would like to re -iterate our concerns on the crisis of the 
appointment of members of the Appellate Body, w hich need to be resolved. It is important to make 
the function of Appellate Body remain complete and effective.  
 
On special and differential treatment: we would like to re -emphasize that the special and differential 
treatment is very important for us to promote trade and development. In this regard, we welcome 
the proposals submitted by members. We encourage members to pay more attention to the proposal 
submitted by G90 and positively consider for an adoption the proposals submitted by LDC group as 
alread y mentioned by our coordinator.  
 
With regard to the reform: my delegation appreciates the efforts of members and facilitators and 
we support the proposals and initiatives of making the WTO more relevant, inclusive and well 
functional organization to benefi t all. 
 
COVID -19 pandemic is one of our concerns which has affected many sectors including supply and 
demand sides. In this regard, we would like to call on the WTO and Members to work together to 
ensure that the trade restrictive measures will be progress ively liberalized and lifted. We need to 
make sure that foodstuffs, medicines, and other essential goods continue free flow when the 
situation improves. More importantly, we should explore all possibilities to ensure that developing 
and LDC Members will be  able to access an affordable Covid -19 treatment, vaccines and related 
medicines.  
 
Finally, I concur that it is time to translate our words and commitments into the concrete actions. 
We strongly believe that, with high -level commitments and joint efforts o f all members, the WTO 
will be able to overcome the challenges and deliver a meaningful outcome at MC12.  
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  60. Cameroon  
 
My delegation commends your report as well as your wisdom in chairing this session and renews its 
appreciation to all Deputy Directors -Gener al for their efforts during the interim period.  
 
We once again congratulate Dr. Ngozi Okonjo -Iweala for her brilliant appointment and looked 
forward to working with her. The delegation of Cameroon reassures the new Director -General of its 
constructive enga gement.  
 
Cameroon aligns itself with the statements by the ACP and the African Group.  
 
On Intellectual Property Rights and Trade, we would like to underscore that the COVID -19 pandemic 
has tested the capacity of the WTO to provide responses including to t he serious impact of this on 
trade and health. The WTO has been called to provide clear and efficient strategies to guarantee 
access to vaccines and medical supplies and to facilitate developing countries towards economic 
recovery. Cameroon urges all Membe rs to facilitate access to vaccines and to necessary medicines 
to combat COVID -19 through initiatives such as by the Cairns Group and by the submission by Côte 
d'Ivoire in the Working Group on Trade, Debt and Finance. Given the tragic loss of human life, w e 
must stand up to our responsibility and reaffirm the right to health and a decent life for all 
populations along with the relevant SDGs.  
 
With regard to fisheries subsidies, through the increase in commitment demonstrated by Members 
and of Ambassador Wil ls together with the efforts of Ambassador Chambovey, there has been a 
satisfactory outcome on fisheries subsidies that contribute to IUU. However, we underscore that a 
consensus clearly defines the basis which should be the framework of principles:  
 
• identifying a list of subsidies contributing to IUU in line with the mandate,  
 
• removing from the scope the small artisanal fishers and small scale fishing that are not 
responsible for overfishing,  
 
• recognizing that the Members who are largely the cause of this problem for many years 
in this sector should play a proportional role and take responsibility in whatever solution 
they come up with,  
 
• committing, in a specific time -frame, to removing the subsidies,  
 
• ensuring that developing countries enjoy S&DT guar anteeing their future development, 
and, 
 
• providing assurance the Chair of the Negotiation Group on Rules that transparency and 
inclusion of all Members remain fundamental to the Working Parties.  
 
Members should also have a review clause allowing for improv ements at an appropriate time to 
respond to the trend under way seeking a balance which would reinforce the good faith application 
of the aspects and pledges they made – and giving each Member assurance that their sovereign 
right to agree on improvements i n their own legislation is respected. Anything that at the moment 
is part of any other agreement needs to be considered. Cameroon has submitted a proposal on this 
provision and reaffirms its commitment for a fair and efficient at the next Ministerial Confe rence.  
 
Concerning other areas, we note that the functioning of the Appellate Body is essential. Its processes 
allow the justifiability which facilitates access to this body for developing countries that do not have 
the necessary resources to assert their rights. That is why the African Group has a special response 
to this cardinal point for a fair judicial order and we hope that all Members will be attentive to these 
provisions.  
 
With regard to cotton, Cameroon supports what the C -4 said and renews its com mitment to continue 
to engage with all Members for a better consideration of the issue related cotton -producing States. 
It is important that cotton trade will be done in line with the relevant agreements and that all of 
those part of the cotton value chain s abide by their respective responsibilities. Therefore, my 
delegation welcomes the efforts that have been made by Deputy Director -General Wolff and by the WT/GC/M/190  
 
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  Secretariat in this regard. We also note the increased participation of our partners in the quest fo r 
a solution in this area.  
 
On WTO Reform, Cameroon believes that the issue is not about whether the WTO needs a reform 
but how we would want to conduct the necessary reforms. We need a consensus -based, global 
approach to this and we call on everyone to th ink about this, to respond to the expectations and 
concerns of a large number of Members. This will create an appropriate and good framework for our 
discussions. We hope that this will become reality and that collective wisdom will prevail.  
 
Regarding development, we need a global and inclusive trade. Our discussions need to include S&DT 
provisions. Development is an inalienable right of peoples as is S&DT to ensure fair trade. This, in 
the Marrakesh Agreement, means that it must not be interp reted as a threat but rather as a gauge 
of security. To do this, we need to build a climate of trust for calm discussions. We are fully 
supportive of this.  
 
61. Kazakhstan  
 
Let me first thank you and Chairs of negotiating bodies for the comprehensive reports. I also would 
like to express our gratitude to all four DDGs for their leadership in ensuring smooth functioning of 
the organization during this transitional period.  
 
We congratulate WTO members with the appointment of Dr.  Ngozi Okonjo -Iweala as new Director -
General and believe that with her active engagement 12th WTO Ministerial Conference will contribute 
to a positive path for the WTO and its work in the future.  
 
Kazakhstan emphasizes the importance of our joint efforts to reinvigorate the work on the WTO 
reform and to keep a good progress in current negotiations. As such, we prioritize the following:   
 
Multilateral negotiations on Fisheries Subsidies  
 
We welcome progr ess achieved in the current negotiations under the chairmanship of Ambassador 
Wills with the support of Ambassador Chambovey. We believe that conclusion of the plurilateral 
agreement (ideally) before or (latest!) at the MC -12 is of utmost importance not on ly for achieving 
UN SDG target, but also for sustaining the multilateral trading system.  
 
Resolution of the Appellate Body situation  
 
It is vital to bring back to full operation a binding dispute settlement mechanism of the WTO in order 
to make trade agre ements enforceable and contest trade distorting measures.  
 
Joint Statement Initiatives  
 
A new set of global trade rules on E -commerce, Investment Facilitation and Domestic Regulation in 
Services are critical in facilitating economic recovery in post -COVID  period, restoring trade and 
sustaining further economic growth. As a result of on -going intensive discussions, these JSIs remain 
on track to deliver meaningful progress by MC -12. 
 
• The disciplines on Services Domestic Regulation are aimed at ensuring predi ctable 
business climate and transparent procedures for trade in services.  Strong political will 
is necessary to resolve a few outstanding issues, which are inclusion of the gender 
provision, financial services annex, transitional periods and expansion of s ectoral 
coverage, and bring the initiative into successful conclusion. Kazakhstan is strongly 
committed to finalize the negotiations, thus:  
 
– We supported the inclusion of the gender provision.  
  
– We also support to have specific disciplines for financial services. Domestic 
regulation text will place on us broader responsibility and commitment, which will 
be related not only to subsidiaries of financial organisations already established 
in Kazakhstan, but also to their direct branches, who will be  working in 
Kazakhstan 's market starting this year in accordance with Kazakhstan/s WTO 
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  – In support of our commitment to finalize the negotiations by MC -12, Kazakhstan 
recently submitted its Indicative Services Schedule. We believe th is Agreement 
will contribute to improvement of investment climate and development of services 
sectors.  
 
• The pandemic has revealed a serious perspective for further development of E -
commerce and growing opportunities for businesses and consumers in digital  world. In 
this regard, we need to recognize challenges faced by developing members in tackling 
negotiating issues related to internet regulation and find potential common grounds.  
 
• Investment Facilitation Agreement would enhance measures and policies of the 
Members to attract investments into key economic sectors, including services, industry 
and agriculture, in response to current crisis. We welcome meaningful outcome at MC -
12 on this initiative.  
 
• Initiative in support of MSMEs is vital for integration o f MSMEs into international trade.  
 
Kazakhstan also recognizes the key role of the WTO in promoting sustainable development and the 
protection of the environment, and recently joined two initiatives: on Plastic Pollution and 
Environmentally Sustainable Pla stic Trade as well as on Trade and Environmental Sustainability.  
 
We also welcome the Trade and Health initiative calling on the WTO members to increase their 
cooperation in addressing unprecedented challenges caused by COVID and work towards enhanced 
global rules to facilitate trade in essential medical goods and services.  
 
62. Senegal  
 
I would like to echo the congratulations of His Excellency, Mr. Macky Sall, President of the Republic 
of Senegal, to Dr Ngozi Okon jo-Iweala, on being confirmed as Director -General of the WTO. Senegal 
will lend her all its support to ensure success in her mandate.  
 
At a time when the world is trying to find a way out of the health, economic and social crisis caused 
by the COVID -19 pandemic, international trade and the World Trade  Organization can contribute 
significantly to economic recovery.  
 
However, for this organization to continue to be relevant for its Members, progress must be made 
in multilateral and plurilateral trade negotiations. In this regard, the next Ministerial Con ference will 
be a watershed moment for the WTO.  
 
In the interest of brevity, we will focus today on the issue of subsidies.  
 
While we recognize the importance of subsidies in the implementation of Members' public policies, 
it is nevertheless important to note that some forms of subsidies to agriculture and the fishing sector 
from a minority of Members continue to have negative effects on the achievement of some of the 
Sustainable Development Goals.  
 
Domestic support in agriculture, especially in international cotton markets, negatively affects the 
economies and farmers of developing countries and least developed countries. A solution in this area 
for MC12 is a priority for Senegal. My delegation therefore supports the ongoing process with the 
Facilitators and looks forward to fruitful negotiations following the technical discussions under way.  
 
Beyond their distorting effect on fish product markets, fisheries subsidies continue to contribute to 
overcapacity and overfishing, as well as illegal, u nreported and unregulated fishing.  
 
Senegal continues to seek an ambitious outcome in this area of our negotiations. We reassure the 
Chair of the Negotiating Group on Rules, Ambassador Wills, of our delegation's commitment and 
openness to finding compromis e solutions. However, the current Chair's text can be improved to 
reflect this compromise. As it stands, this text risks maintaining the status quo, while subjecting 
Members, in particular developing Members and LDCs, to binding obligations related to fish eries 
management and which do not fall within the remit of the WTO.  
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  Senegal will continue to work towards a balanced text, the implementation of which can be assessed 
in terms of its contribution to reducing global fishing overcapacity.  
 
In conclusion, my  delegation associates itself with the statements made on behalf of the African 
Group, ACP Group and LDC Group.  
 
63. Peru  
 
First, I think it is important to salute the energetic remarks made by the Director General to the 
General Council on her appointment. My  delegation looks forward to her arrival in Geneva to give 
new impetus to the work in the organization. We also wish to acknowledge the good work of the 
Deputy Directors -General in this interim period, thanks to which the Organization has been able to 
continue its work and address the effects of the pandemic on international trade.  
 
The Representative of Peru agrees with other delegations on the paramount importance of 
reactivating the WTO dispute settlement mechanism and is ready to work on improving it as  part of 
the reform process. In the meantime, Peru has joined the Multiparty Interim Appeal Arbitration 
Arrangement to safeguard its right to a dispute settlement mechanism in this Organization.  
 
Let me move on to negotiations and joint initiatives. First of all, I would like to refer to the negotiating 
process on fisheries subsidies. Peru has continued to participate actively in the negotiations under 
the last cluster, and welcomes the able leadership of the Chair of the Negotiating Group on Rules, 
Ambassa dor Wills, and of course Ambassador Chambovey too, for his work on special and differential 
treatment. We believe in the importance of the leadership of the negotiation to take us to a timely 
and ambitious multilateral agreement that seeks to achieve the m andate that brings us together. 
We therefore encourage the Chair to present a new revision of the consolidated text, which proposes 
a middle way between Members' positions.  
 
In the area of Agriculture, we thank Ambassador Gloria Abraham and the Facilitator s of the various 
negotiating pillars for their hard work. In keeping with the priority that Peru gives to the issue of 
reduction of domestic support, we welcome El Salvador as a co -sponsor of the framework to limit 
and reduce trade distorting domestic supp ort, which many Cairns Group Members originally co -
sponsored. We invite all Members to consider expressing their support for this document as a general 
framework for efforts undertaken in this pillar, which would help us to consolidate our position as a 
group with a single common cause, and would make it easier for us to find acceptable terms and 
conditions for all interested delegations for an outcome in this area. In the export restrictions pillar, 
Peru has also signed the Joint Statement through which se veral WTO Members have committed to 
not impose restrictions or prohibitions on purchases made by the World Food Programme for 
humanitarian purposes, and we invite all Members to sign this Statement and to seriously explore 
the possibility of reaching an ou tcome on this subject in view of the next Ministerial Conference. 
Please allow me to express my condolences to the delegation of Italy and the European Union for 
the attack in the Democratic Republic of the Congo, as a result of which, unfortunately, the 
Ambassador of Italy to the Democratic Republic of the Congo, another official from the Italian 
Embassy and an official from the World Food Programme, died a few days ago, on a journey linked 
to monitoring of the work of the WFP. Returning to agriculture neg otiations, my delegation continues 
to follow the discussions in the CoA SS, and appreciates the contributions under the different 
negotiating pillars, which aim to achieve concrete outcomes at the next Ministerial Conference. We 
will continue to analyse th ese back in the capital to be able to comment on the proposals in due 
course.  
 
In the area of services, we are pleased with the promising advances made on the Joint Initiative on 
Domestic Regulation, and we hope that the negotiations and discussions will c ontinue with a view to 
clarifying the last outstanding issues relating to the disciplines and procedures for the entry into 
force of the outcomes of the negotiations. We will continue to participate actively in this initiative.  
Lastly, we are enthusiastic about the meeting of the WTO Informal Working Group on Trade and 
Gender, which will take place tomorrow. We invite all delegations to participate or observe, 
irrespective of whether or not they have signed the Ministerial Declaration that gave  rise to this 
initiative, as we believe that sharing experiences in this area can be beneficial for women's 
empowerment through trade. My delegation wishes to thank the Co -Chairs, the Ambassadors of 
Botswana and Iceland, and will actively participate tomor row in the meeting.  
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  Concluding Remarks of Deputy Director -General Alan Wolff  
 
56 delegations spoke today. Their words were much appreciated including their sentiments. I just 
saw a notice come over that the US Treasury Secretary called upon other nations to go big. She was 
talking about financial stimulus, of economies which is of course essential. But I think, going big is 
also a good message for 2021 for the Members of this organization with respect to concluding 
fisheries and making great progress on ot her fronts.  
 
The interim arrangements that you put in place last July for these last six months are drawing to a 
close this weekend. There is a great deal of enthusiasm that has been expressed today by 
Ambassadors for the appearance on the scene of a new Director -General, Dr. Ngozi Okonjo -Iweala. 
Your relief of having a Director -General on board pales in comparison to the joy that the DDGs feel 
in relinquishing their particular responsibilities during this time, over the past six months, in the 
interim arr angements.  
 
We have gotten tremendous support from all Members from the General Council Chair, the 
Secretariat, the Directors and their staff. I want to thank the interpreters for their skills and 
endurance which were amazing. I want to also thank Victor do Prado and his team that support us 
in this endeavour with the TNC and will be supporting the General Council especially with the arrival 
of the new Director -General. We are just very pleased with the outlook of the new year. 2021 holds 
great promise.  
 
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