G/TFA/W/49  
 
8 July 2021  
(21-5386) Page: 1/2 
Committee on Trade Facilitation  Original: English  
 
 
TRADE FACILITATION AGREEMENT  FOUR YEAR REVIEW  
ARTICLE 23.1.6 OF THE TFA  
EU COMMENTS ON THE  WTO SECRETARIAT FACTUAL REPORT  (G/TFA/ W/41) 
COMMUNICATION FROM THE EUROPEAN UNION  
The following communication, dated 7 July 2021 , is being circulated at the request of the delegation 
of the European Union.  
 
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Subject : 
1. EU comments to WTO Secretariat document G/TFA/ W/41 on the draft report on the four -year 
review of the TFA 
General comments : 
2. The report should primarily provide an accurate and factual overview of the implementation 
of the Trade Facilitation Agreement (TFA).  
3. It is important that the report contains a summary, highlighting the main positive elements 
as well as the lessons learnt from the four years of implementation of the Agreement. An introduction 
in the beginning of the report could read as follows:  
4. "The TFA entered into force on 22 February 2017; Developing Countries and Least Developed 
Countries Mem bers have made significant use of the innovations that this Agreement provides. All 
Members concerned (except a few that have not yet ratified the Agreement) notified their 
categorization of commitments in a timely manner. This is a remarkable achievement,  given the 
very specific and new modalities of Section II of the Agreement. Developing Countries Members also 
notified the definitive deadlines for their category B and C commitments - while LDCs have until 22 
August 2022 to notify their definitive dates f or implementation of their category C commitments. 
Based on the timelines notified by Members, at the time of the finalization of this report, about 
[xx]% of the provisions of the Agreement are implemented.  
5. The next challenge for the Trade Facilitation Com mittee (TFC) is to review and monitor the 
implementation of the commitments of category A, B and C that are already due for implementation 
(notably on transparency) and those that will be due in the years to come. To facilitate this 
monitoring of the commi tments that are due this year and next year, the WTO Secretariat has 
produced a document (G/TFA/INF/1) that lists all definitive implementation dates until the end of 
2022, and will keep updating this document.  
6. The COVID -19 pandemic has represented an unpr ecedented challenge for all Members. 
Customs procedures had to be adjusted to ensure a smooth flow of essential goods. The pandemic 
advanced the digitization of forms required for customs and highlighted the importance of 
cooperation among border agencies and between Members, as well as the need for transparency 
regarding custom procedures and rules, tariffs and other trade measures. These elements are only 
illustration of the many tools needed to cope with the crisis, which were presented by Members, 
international organisations and observers, who shared their experiences during the informal sessions 
of the TFC (see the compendium of measures - document G/TFA/W/40). One key finding is that G/TFA/W/49  
 
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  COVID -19 led to an acceleration of TFA implementation for a large num ber of Members (see 
document G/TFA/W/25), and that the TFA implementation has become even more important to help 
Members address the challenges brought by this pandemic, as well as the needs arising from new 
means of trading (such as e -commerce )." 
7. The info rmation regularly presented during the TFC by the WTO Secretariat under the agenda 
item "1.2 Status of ratification and notification process, update by the WTO Secretariat" should be 
reflected and included in the report. The information that will be presen ted at the last TFC before 
the conclusion of the review should be used. This would facilitate an understanding of what has been 
achieved and what remains to be done, notably in the area of notifications and ratification of the 
TFA. The WTO Secretariat coul d already include placeholders in the draft report, with appropriate 
references to the latest presentations made by the Secretariat at the last meetings of the TFC.  
8. Moreover, the achievement by almost all Members (except the four that have not yet ratified  
the Agreement) of categorizing their commitments should be highlighted.  
9. Besides, shifts in categories and requests for extension of timelines should be reported.  
10. Similarly, the status of notifications of final timelines for implementation of category B an d C 
commitments by Developing Countries and Least Developed Countries Members should be reported. 
Any missing notification could be mentioned as well, with the explanations, if provided by the 
Member concerned.  
11. Regarding transparency notifications, the EU supports praising the growing number of 
Members that are notifying these measures and the good work achieved in reviewing the 
notifications. In the report, it may be appropriate to indicate the number of new notifications and to 
separate that figure from t he notifications of mere updates of broken links. Due notifications should 
be reported as well (category A commitments and category B commitments, where the date notified 
for implementation has passed) as was done under agenda item 1.2 at the TFC meeting o f 22-23 
June.  
12. The EU supports the proposal that the WTO Secretariat would report annually on the broken 
links notified that do not work anymore and send requests to the Members concerned to update 
their notifications.  
13. In the future, the agenda of the meeti ngs should separate the review of the amendments to 
existing notifications (which are mere updates), from the new notifications; and should address due 
notifications (as proposed in document G/TFA/W/35).  
14. Besides, the part of the document Updating of the li sting of notification obligations and the 
compliance therewith as set out in Annex III of the report of the working group on notification 
obligations and procedures (G/L/223/Rev .28) dedicated to the TFA should be duly mentioned in the 
report on the four ye ar review.  
15. The sharing of experiences related to COVID -19 has been of major importance. Document 
G/TFA/W/40 (to be reviewed with Members’ comments) needs to be reflected in the report on the 
review. The TFC has been innovative in sharing the Members diffic ulties and reforms, and in getting 
reports from international organisations and from business as to how the TFA accelerated 
implementation in a number of areas supported customs, despite the challenges of the pandemic.  
16. The EU is of the view that document G /TFA/W/40 can be improved and will make proposals 
to that end (in particular on improved consistency regarding the classification of the measures 
reported, and in terms of completeness as several contributions seem to be omitted).  
17. Finally, the status of Me mbers that notified progress in receiving assistance to implement their 
category C commitments should be reflected in the report, as well as the status of the donors’ 
contributions. Difficulties in organizing assistance should be reported and the conclusio ns from the 
dedicated session on aid discussions should be reflected in the final report. The EU proposal 
(G/TFA/W/45) should be reflected in the report.  
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