JOB/GC/318  
 
4 October  2022 
(22-7489) Page: 1/6 
General Council    
 
CONSULTATIONS ON WTO REFORM , E-COMM ERCE WORK PROGRAMME AND 
MORATORIUM , AND PROCESS  ON THE APPOINTMENT OF VACANT CHAIRMANSHIPS  
INFORMAL GENERAL COUNCIL MEETING ON 4 OCTOBER 2022  
Report by the Chair  of the General Council  – H.E. Mr. Didier Chambovey  
1  WTO REFORM  
1.1  Introduction  
1.1.  Let me  recall that, at the General Council meeting in July, I invited Members to reflect  on how 
to organize  work on WTO Reform in line with Paragraphs 3 and 4 of the MC12 Outcome D ocument 
(WT/MIN(22)/24 – WT/L/1135). In this regard, I reached out to  hear Member's views on how best 
to move the work forward in a results -oriented manner, including on priorities and process . My aim 
in these consultations was  to provide all Members the o pportunity t o participate  and ensure that we  
start on a good footing .  
1.2.  I am heartened to note that 105 Members , counting the E uropean Union  as 1, participated in 
these consultations . I decided to meet  many Members  in groups because of practical reasons and to 
provide space for them  to listen to each other . I commend delegations for  participating in an 
interactive and meaningful manner . I thank all those who came and shared their views and hope 
that Members will  maintain th is momentum and constructive spirit as the process advances.  
1.2  Members' Views  
1.2.1   General  Elements and Format  
1.3.  During  the consultations,  I sense d the Membership's strong commitment to WTO Reform . My 
overall impression was that the Membership  seemed flexible on the approach as long as the 
discussions remained Member -driven, inclusive, open, and transparent, respected consensus -based 
decision -making, and were meaningful. However, it was evident that Members ' perspectives on WTO 
Reform  differed . These differences will need to be addressed to move the process forward  in order 
to build trust and create engagement . No one disputed that discussions should address all WTO 
functions in line with Paragraph 3  of the MC12 Outcome Document . Views however  varied as to how 
we should proceed.   
1.4.  A number of Members suggested start ing with less contentious issues  – specifically on the 
monitoring and deliberative function s – to provide momentum and build trust. Initial work , in their  
view, would involve  looking at how Members did things in the WTO and finding ways to do better . It 
should be organic and bottom up . They noted that, i n many instances,  reforms did not  require formal 
decisions and that a number of matters had already been raised in various Subsidiary Bodies. In the 
same vein, s everal Members cautioned against a "package approach"  since reforms should be 
undertaken whenever and wherever possible. It was recalled that that the term "as appropriate" 
from the MC12 Outcome Document provide d the flexibility f or Members to implement  reform 
measures even ahead of MC13 . This also did not limit reforms to formal changes requiring decisions . 
It was suggested that if Members needed to show something by MC13, an inventory of all reforms 
and decisions taken from now until MC13 could be presented to Ministers.  JOB/GC/318  
 
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  1.5.  While agreeing that a pragmatic approach was a sensible way forward,  several Members 
cautioned that this should not  lead to a lowering of the level of ambition. The reform process needed 
to be forward looking. Having an ambitious agenda was vital to ensuring suc cessful, effective WTO 
Reform. Reform should  enable the WTO to become more responsive and to addres s current global 
challenges . This should  also ensure that the organization would be  better prepared and more resilient 
in the future.  In agreeing that reform  did not rule out ambition , creativity or innovation , others noted 
that it was important to sequence the work. All issues would be addressed – some in the short term 
and others in the medium to long -term.  
1.6.  Some suggested  to start by noting Members' priorit ies and interests and then categoriz ing 
them into different baskets. In this regard,  an idea was shared on working on a framing document 
with an initial set of matters  to scope the issues and outline timeframe s. Suggestions for workshops, 
round tables, inf ormal small groups, and informal open -ended meetings were also made.  To ensure 
utility and effectiveness of the work ahead , several added that t his process should assist in defining 
priority areas and arriving at a common diagnostic.  
1.7.  An approach supported by many delegations would be to conduct a "top down"  reform process , 
with the  General Council defining c ommon goals and objectives . It was noted that this  would provide 
structure, clarity and transparency. Others said that the priorities should  be identified through a 
"necessity " test. Since  Subsidiary Bodies are also responsible for conducting reform , many suggested 
that the General Council  should coordina te with them in this regard . This would provide  a common 
sense of where Members  were heading and what the roles of each body are . The General Council 
should likewise provide a forum for Members to be updated and have an overview of the entire 
process. At the same time, several suggested that the role of the General Council should not only 
be limited to keeping an overview of the different reform discussions . It should  also engag e in 
horizontal/cross -cutting issues – whether in informal or forma l mode. In referring to the  relevant 
discussions at the General Council , some however cautioned that Members  should implement 
Paragraph 3 in a more effecti ve manner – without resorting to sterile debates . 
1.8.  In providing structure to the reform discussions, s ome delegations proposed having notional 
deadlines for tabling  proposals  and a general timeframe for the whole process. These  could provide 
an overview of the  issues to be taken up. Others noted that it would be better not to fixate on 
timeframes and instead focus on substance . They further noted that the MC12 Outcome Document 
had already indicated some timeframes that could provide structure on some of the reform 
discussions.   
1.2.2   Specific Areas  
1.9.  Many Members stressed that development  should be at the cent re of WTO Reform  – for peace, 
security and global equity . Reform, in their view, should be premised on the principles of inclusivity 
and development . This  should respond to  the developmental challenges that persist in developing 
and LDC Members , and help t hem integrate into the global economy . They called for the reassertion 
of development within the WTO by delivering on longstanding mandates  including on food security , 
address ing asymmetries in WTO rules, and reviewing all S&DT provisions with a view to 
strengthening them and making them more precise, effective, and operational.  They stressed  the 
need to  safeguard policy tools and the WTO's  multilateral character  and core principles as enshrined 
in the Marrakesh Agreement . These would  promote economic recovery , and provide policy space to 
support developing and LDC Members' structural transformation and industrialization.   
1.10.  While acknowledging the high value placed by Members on S&DT, several  referred to previous 
discussions in the General Counc il noting the strong divergence of views. As such, they suggested 
that the debate on S&DT should not occur in a vacuum . This should  instead be taken up in each 
negotiating area to provide context in the discussions . In this regard, r eference was made  to some 
MC12 decisions and declarations. These Members  expressed willingness to engage in S&DT 
discussions where they could explore particular needs of, and specific issues faced by developing 
and LDC Members in relation to  the respective negotiating areas.  
1.11.  Several Members also reiterated the need to facilitate graduating LDCs' smooth transition. 
Given the technical nature of the matter, some suggested that  the discussions should first take place 
at the expert -level in the Sub Committee on LDCs.  JOB/GC/318  
 
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  1.12.  As I mentioned earlier,  several Members said that starting with th e monitoring and 
deliberative function s would be the best way to carry the work  forward. They saw the deliberative 
function as being about ensuring that discussions in Subsidiary Bodies  were interactive  – not 
mechanical . It was about getting  the organization to work better on a daily basis, which in turn could 
prepare the ground for future negotiations.  This covered regular work of Subsidiary Bodies  including 
transparency and notification matt ers, consideration of trade concerns, and meeting arrangements , 
among others . Given the nature of such discussions , several Members believed that it should be  
conducted in each Subsidiary Body  at the expert -level. Some stressed the need to take into accoun t 
capacity constraints faced by developing and LDC Members, and that reform s should not add new 
obligations outside the scope of existing agreements.  
1.13.  On transparency, while Members appreciated the technical assistance provided by the 
Secretariat, s ome noted that the challenges they faced in fulfilling their notification obligations could 
not simply be addressed by workshops . In their view, Members should discuss how to  provid e more 
targeted technical assistance including through capaci ty building and financial support, as necessary.  
1.14.  The importance of reforming the negotiating practices  was likewise underscored. While 
many noted that MC12 had prove n that the WTO's negotiating pillar still worked, they also said that 
there was room for im provement. Several highlighted the need to ensur e that negotiating processes 
remained Member -driven, inclusive, open, and transparent . Each Member should also have equal 
opportunity to meaningfully participate in the discussions – especially those with cap acity constraints 
such as the LDCs, SVEs, and Small Island Developing States (SIDS) , among others .  
1.15.  Several Members noted that WTO Reform also presents an opportunity to  address 
sustainability challenges, climate change and issues of the global commons. Others highlighted  the 
importance of looking  at current rules and chang ing them, as appropriate , to address imbalances in 
WTO Agreements and to level the playing field. While recognizing the great importance many 
Members attached to the se issues , some stressed the need to distinguish rulemaking and updating 
the rulebook from other reform matters , and treat them accordingly given the political sensitivities.  
1.16.  Some  Members raised concerns  on how plurilateral initiatives should be addressed in the 
WTO. Others wished to ensure that these initiatives remained intact and could continue to progress 
since such processes could provide impetus to multilateral negotiations. Some noted that this had 
already been discussed several times at the General Council w ithout reaching convergence. They 
suggested that informal conversations among Members would be more fruitful  at the current stage 
to achieve progress on this issue.  
1.17.  My consultations likewise confirmed the high priority attached by all Members  to addressing  
the issues  faced under the  dispute settlement function . Members regard ed the dispute settlement 
function as one of the most urgent areas for WTO Reform. Many reiterated the importance of 
restoring a fully functioning two -tier dispute settlement system. I likewise took note that some raised 
the need to ensure that  the dispute settlement system  was more accessible and affordable to all. At 
the same time, many  recognize d the ongoing informal conversations among Members  and a number 
of delegations were aware of the political sensitivities . Several considered  these conversation s as a 
first step towards  prepar ing the ground for solutions. M ost Members  would also like to see  this 
process, at some stage, be formalized  in a WTO Body . 
1.18.  Other matters raised  include  frequency of  Ministerial Conferences . Some  noted the need to 
discuss how to  facilitat e accessions  given the lack thereof in recent years.  A suggestion was made 
to consider having regional presence for the WTO  to improve trade monitoring. This could also 
directly help Members  fulfil their WTO commitments so that their people would  more tangibly feel 
the benefits of the multilateral trading system. Others noted that the  nature of th e WTO  and the  
budgetary implications  of such endeavour needed to be borne in mind.  Some also raised the need 
to empower the Secretariat  given that its  wealth of expertise was  not being fully used  by Members . 
1.3  Chair's Reflections  
1.19.  It is evident that Members are committed to ensur ing a successful WTO Reform process. At 
the same time, as reform means different things to different people, some structure and a common 
understanding at least on the way forward  are key. To organize this process, as Members have 
suggested, it would be helpful to first provide space to  collectively  explore the various reform issues. JOB/GC/318  
 
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  Today's meeting and the upcoming formal GC meeting serve as  fora for Members to begin to listen 
to each other and have the frank conversation necessary  to make advances in  our Reform  work.  
1.20.  As we know, both the General Council and the Subsidiary Bodies have a role to play  in this 
process . I would therefore suggest that, in parallel with the formal and informal conversations we 
will have at the General Council, each Subsidiary Body  be tasked to see what has been done and 
explore ways on how to improve their daily functionin g and better deliver on their respective 
mandates . I understand that, in some Subsidiary Bodies , these discussions have already started . I 
would encourage them to continue. At the same time, to keep all Members abreast of these 
discussions, I suggest that the Subsidiary  Bodies would report to the General Council, as appropriate. 
To facilitate this work, I will coordinate with the Director -General and the Chairs of Subsidiary  Bodies  
– whom I  already  met yesterday . 
1.21.  There are likewise certain cross -cutting, po litically sensitive issues that are important for 
many Members. For these matters, I suggest that t he General Council create a space for these 
deliberations. But to ensure productive discussions, I request all Members to first reach out to each 
other. This  is the only way that we c an progress . Members already know what the difficult issues 
are. So, to prepare the ground for meaningful discussions, I urge all Members to be proactive in this 
process . Please  make efforts to ensure progress in the reform issues of high importance to the 
Membership. Members' inputs are the fuel of WTO Reform . Any progress would depend on Members' 
constructive engagement . I therefore encourage everyone  to reach out to each other particularly to 
those with different views .  
1.22.  On my part, I intend to organize an informal conversation among Members, under the 
auspices of the General Council, at the end of October or at the beginning of November. This will be 
done within the WTO premises and will be  open to all Members. The purpose of this meeting is to 
set a collective vision on how to proceed with WTO Reform and identify cross -cutting issues. Let me 
recall that our work " must address the interests of all Members, including development issues ". My 
hope is that this informal conversation would lay the foundation  of trust in this process. For WTO 
Reform to be successful, we must ensure that Members are talking to, not at, each other.  Should 
this be agreeable , I will develop a programme and structure fo r this event that would  promote an 
interactive and serene dialogue.  
1.23.  On dispute settlement, I have heard in my consultations most delegations expressing the 
view that, at some stage, this process should be formally incorporated in the WTO structure – that 
is, institutionalized to achieve consensus -based solutions. For now, it might be helpful to allow these 
discussions to further progress to prepare the ground for solutions. My suggestion is to allow some 
time to see how this unfolds and then take stock. The DSB Chair and I will coordinate with 
delegations, keep ourselves ab reast, and continue to monitor the situation to find the best way 
forward to help Members fulfil their commitment "to conduct discussions with the view to having a 
fully and well -functioning dispute settlement system accessible to all Members by 2024".  
1.24.  I believe that WTO Reform that ensures a well -functioning, responsive, and resilient 
organization for the benefit of all, especially the people we serve, is an important objective that all 
Members share. As General Council Chair, I am committed to ensuring th at this process succeeds.  
2  E-COMMERCE WORK PROGRAMME AND MORATORIUM  
2.1.  You will recall that at the July General Council meeting, I announced that I would hold 
consultations on the Work Programme on Electronic Commerce and the moratorium on customs 
duties on electronic transmissions, in line with the MC12 Decision. In this reg ard, I held initial 
consultations last week with groups of delegations, including group coordinators, to seek their views 
on the General Council's future work in this area.  
2.2.  Specifically, I asked delegations the three following questions:  
a. Are there any pr iority issues of a cross -cutting nature that Members wish to address in the 
General Council?  JOB/GC/318  
 
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  b. How do Members see the work in the General Council complementing that of the regular 
bodies, in view of the specific tasks that the Work Programme assigns to each of these 
bodies?  
c. And, with regard to the moratorium, what elements are needed to achieve more clarity on 
its impact?  
2.3.  I am pleased to report that I sensed a readiness, from all, to reinvigorate  work under the 
Work Programme and to intensify the discussions on the moratorium. In this regard, let me note 
that discussions have already begun in some of the regular bodies and some delegations are planning 
to introduce further submissions. With this in mind, I have met with the relevant Chairs and will 
continue wo rking closely with them to ensure adequate coordination. I also welcome the fact that 
delegations have already started reaching out to each other and exchanging ideas on the way 
forward.  
2.4.  I am happy to report that I heard several points of convergence in my  consultations.  
2.5.  Let me start with the organization of work. Delegations agreed that the General Council has a 
role to play and should devote time to this issue. In their view, the existing organizational structure 
is appropriate, and there is no need to c reate a new structure. I also heard general support for 
holding dedicated discussions under the auspices of the General Council, as was past practice.  
2.6.  Several delegations indicated that the conversation could benefit from the participation of 
experts from  other organizations and institutions, as well as the private sector. However, some 
delegations stressed that any panel of speakers should be balanced and representative of Members' 
different views, especially when discussing the moratorium. Some considere d that it was time to 
move the Work Programme into a different gear and to take decisions based on pragmatism, taking 
into account Members' priorities including development issues.  
2.7.  With regard to the work of the relevant subsidiary bodies, some delegation s considered that 
the elements and specific areas of work contained in the 1998 Decision (WT/L/274) were still 
relevant in the current context. There was a call for coherence in the approach taken by the different 
bodies. Other delegations suggested that t he focus should be in the General Council, without 
prejudice to discussions in the specific bodies.  
2.8.  Moving on to the substance, there was a strong convergence in addressing the development 
dimension as a matter of priority. Development was seen as a cross -cutting issue to be addressed, 
not only in the Committee on Trade and Development (CTD), but horizontally. Some delegations 
emphasised the need to identify specific issues of interest to developing countries that should be 
prioritized. Some noted the need to also identify other horizontal issues besides the moratorium. In 
this regard, reference was made to earlier submissions, including by some groups of Members, 
identifying potential issues for consideration. Some delegations indicated that they were worki ng on 
defining their priorities for further discussion.  
2.9.  With regard to the moratorium, delegations recognized that positions remain polarized but that 
this was an important issue that could not be left for last -minute negotiations ahead of the next 
Minist erial Conference. Delegations agreed that, in line with the Work Programme, this issue had to 
be addressed horizontally by the General Council. Some delegations suggested that Members should 
refer to any relevant updates on existing studies and analysis. O thers noted the need to undertake 
a cost -benefit analysis of the moratorium. Given the wealth of information already available to 
Members, some delegations called for a policy discussion amongst Members on the scope and 
definition of the moratorium, as a s tarting point.  
2.10.  On a procedural note, the need for periodic reviews under the General Council, was mentioned 
as instructed by the Ministerial Decision. Such a review will depend on the work undertaken in the 
relevant bodies and the GC. I therefore suggest that we take stock at a later stage and make 
arrangements for such a review.  
2.11.  To conclude, I sensed good engagement and welcome the fact that delegations have been 
reaching out to each other to better understand some of the concerns. As Chair, I encourage  
Members to continue these discussions. Throughout these initial consultations, I heard delegations JOB/GC/318  
 
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  calling for pragmatism, efficiency, and evidence -based discussions. These are elements that, I hope, 
can help us move forward productively.  
2.12.  In that regard, my suggestion is to hold a dedicated discussion in the General Council  
to address horizontal issues including the development dimension. As Chair, I encourage all 
delegations to bring forward proposals in a timely manner, so as to be able to engage effecti vely on 
specific issues. With respect to the subsidiary bodies, as I mentioned earlier, some delegations are 
preparing proposals. I therefore suggest that work in the bodies should proceed based on Members' 
proposals.   
3  PROCESS ON THE APPOINTMENT OF VACANT  CHAIRMANSHIPS  
3.1.  Let me also provide you with a brief update of where we stand on the consultations related to 
the vacant Chairmanships. As announced at the July meeting of the General Council, and further to 
my communication to the WTO membership dated 29 J uly, I started my consultations immediately 
after the summer break to fill the position of the Chair of the Committee on Agriculture in Special 
Session. Given further developments, I have broadened these consultations to also include the 
vacant chairmanshi ps for the Committee on Trade and Environment in Special Session and the 
Negotiating Group on Rules. In accordance with the rules, I am assisted by the DSB Chair, 
Ambassador Molokomme, and the former GC Chair, Ambassador Castillo.  
3.2.  We have met with group co ordinators 3 times – on 15 and 27 September, and 4 October. As 
of close of business on Friday, two group coordinators put forward two candidates for the Committee 
on Agriculture in Special Session and two candidates for the Negotiating Group on Rules.  
3.3.  I understand that consultations within and between groups are still ongoing. I encourage group 
coordinators to step up their efforts and consult with their constituencies but also with one another. 
I hope that we will arrive at an emerging consensus as soon as  possible. In terms of next steps, I 
intend to hold consultations together with the former GC Chair and the current DSB Chair on how to 
take this process forward and to bring it to  a good end.  
 
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