RESTRICTED  
  
WT/REG/M/94  
 
3 October  2019 
(19-6409) Page: 1/6 
Committee on Regional Trade Agreements  
Ninety -Fourth Session    
 
NOTE ON THE MEETING OF 17 SEPTEMBER 2019 
Chairm an: Ambassador Carlos Mario Foradori (Argentina)  
A.  ADOPTION OF THE AGENDA  
1.1.  The 94th Session of the Committee on Regional Trade Agreements (hereinafter 'CRTA' or the 
'Committee') was convened in Airgram WTO/AIR/RTA/1 9/Rev.1  dated 4 September  2019.  
1.2.  The Chairman  welcomed delegations to the meeting and noted the proposed Agenda. He 
informed delegations that under Other Business he would indicate the proposed schedule of CRTA 
meetings until the end of the year. He also welcomed participants from the Advanced Course on 
RTAs and the WTO which was taking place in Geneva th at week. He pro posed the Agenda for 
adoption.  
1.3.  The representative of the  Russian Federation  took the floor with regard to the agenda 
Item E - Consideration of regional trade agreements involving WTO non -members, sub -item 1: 
Central European Free Trade Agreement, goods (C EFTA)  in the proposed agenda. The Russia n 
Federation  stated  that it was deeply concerned that the Factual Presentation on CEFTA, prepared by 
the WTO Secretariat, mentions the name "Kosovo"  as a full -fledged party to the agreement. In fact 
it was not. The c orrect terminology incorporated into the text read "United Nations Interim 
Administration Mission in Kosovo" , and that very language was used in the title of the Agreement, 
across the text of the Agreement, as well as in the relevant notification.  He also noted  that the link 
to the text of the Agreement contained in the notification (document WT/REG233/N/1/Rev.1) was 
outdated or broken.  
1.4.  He inform ed the Chairman  that his delegation had made several attempts to persuade the 
Secretariat to update its report in line with the UN Security Council resolution 1244. Moreover, he 
was a ware that his delegation was not the only one to have approach ed the Secretariat on this issue.  
Unfortunately, th e Secretariat chose to disregard the Russian Federation's  concerns, as well as 
warnings that his delegation would be forced to take action. The Russian Federation firmly believe d 
that in straying from the text of the Agreement and by adopting arbitrary nam es for its Parties the 
Secretariat ha d effectively over -stepped its mandate. This set a dangerous precedent and lead to 
politicization of the work of th e Committee. His delegation could not accept this.  
1.5.  Bearing the aforementioned in mind, his delegation wa s not in a position to consider CEFTA 
until the Secretariat got its facts in order and release d a revised presentation. He asked to remove 
the relevant sub -item from the agenda. If  required , in line with instructions from his capital, the 
Russia n Federatio n stood ready to block adoption of the CRTA agenda with the CEFTA item in it until 
necessary corrections had been  made.  
1.6.  The representative of the European Union  agreed with the suggestion that t he item be removed 
from the agenda, given that there was no ag reement on how the draft of the Factual Presentation 
should look.  
1.7.  The representative of Albania  noted that her delegation was larger than usual because this 
year Albania held the Chair of CEFTA so in preparation for this meeting the delegation included th e 
Chair in office to discuss an issue that Albania considered to be very important. Albania regretted 
that this had not been  not possible today, for reasons that had nothing to do with trade issues . She WT/REG/M/94  
 
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  understood that the d iscussion  could not take place t hat day  but hoped that an agreement could be 
reached about discussing the CEFTA  as it was a very important issue for the region.  
1.8.  The representative of the United States  urged Members to work on the naming issue and come 
to some kind of resolution and looked forward to having an update on the status of th e matter at 
the next CRTA meeting.  
1.9.  The representative of China  stated that China understood that some Members and non -
members had issues of political concern and hoped that the WTO could reflect these concerns and 
prepare the Factual Presentation in accordance with UN resolutions and UN practices.  
1.10.   The Chairman  said that taking into account the different statements from de legations and 
considering the circumstances he suggested to adopt the agenda , modified to remove the proposed 
Item "E.I Central European Free Trade Agreement, goods (WT/REG233/N/1, 
WT/REG233/N/1/R ev.1, WT/REG233/1, WT/REG233/1/R ev.1, WT/REG233 /2)". 
1.11.   The Com mittee  accordingly adopted  the following amended a genda:  
 Adoption of the Agenda  
 
 Implementation of the RTA Transparency Mechanism - Status R eport on the 
Committee's Work: 
 
I. Early Announcements ( http://rtais.wto.org ) 
 
II. Notifications received pursuant to GATT Article XXIV:7(a), and GATS 
Article V:7(a)  
 
EU-Armenia Comprehensive and Enhanced Partnership Agreement (CEPA), 
services - S/C/N/9 59 
Asia-Pacific Trade Ag reement, services - S/C/N/9 54 
Free Trade Agreement Hong Kong, China and Georgia,  goods and services 
– WT/REG39 7/N/1 - S/C/N/92 3 
Free Trade Agreement between MERCOSUR and Israel , goods  – 
WT/REG39 8/N/1 
Revised Treaty of the Economic Community of West African  States 
(ECOWAS), goods – WT/REG399/N/1  
III. Notification of changes to  existing RTAs  
 
 Free Trade Agreement between Canada and Chile , goods and services - 
WT/REG3 8/N/1/A dd.3 - S/C/N/6 5/Add.2 
Closer Economic Partnership Arrangement (CEPA)  between China and 
Macao , China,  goods - WT/REG16 3/N/1/A dd.11 
 
IV. Non-notified RTAs  
 
V. Status on the Preparation of Factual Presentations (including delays in the 
receipt of data and comments)  
 
 Communication from the European Union – European Union fol low-up questions 
to LAIA Member countries  
 
 Consideration of R egional Trade Agreements  
(I) Pacific Alliance – Additional Protocol to the Framework Agreement between 
Colombia, Chile, Mexico and Peru, goods and services  (WT/REG 377/N/1 - 
S/C/N/8 71, WT/REG3 77/1, WT/REG3 77/2) 
(II) Free Trade Agreement between Armenia and Kazakhstan,  goods 
(WT/REG 172/N/1, WT/REG 172/3, WT/REG 172/4) 
 
 
 WT/REG/M/94  
 
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 Consideration of Regional Trade Agreements involving WTO Non -Members  
(I) Free Trade Agreement between the Eurasian Economic Union (EAEU) 
and Viet Nam, g oods and services  (WT/REG 385/N/1 - S/C/N/889 , 
WT/REG3 85/1, WT/REG385/2)  
 
 Other business  
B. IMPLEMENTATION OF TH E RTA TRANSPARENCY M ECHANISM - STATUS RE PORT ON 
THE COMMITTEE'S WORK  
1.12.   The Chairman  provide d Members with an update of the Committee's work and the 
implementation of the Transparency Mechanism. In order to reflect the Committee's work these 
were divided into separate elements, i.e. early announcements, notifications received since the last 
session of the CRTA, non -notified RTAs and status of the preparation of factual presentations 
(including delays in the receipt of data and comments).  
B.I  Early Announcements  
1.13.   A total of 37 early announcements were currently on the WTO website (not counting those 
which ha d been subsequently notified). He thanked  Members who ha d submitted information in line 
with the requirements of the Transparency Mechanism and encourage d others to do so. He al so 
remind ed Members to inform the Secretariat of any changes in the status of e arly announcements.  
B.II Notifications received pursuant to GATT Article  XXIV:7(a), and GATS  Article  V:7(a)   
1.14.   Five notifications ha d been received since the 92nd Session of the CRTA held on 1 April 2019 : 
EU-Armenia Comprehensive and Enhanced Partnership Agreement, services (document S/C/N/959), 
the Asia -Pacific Trade Agreement, services (document S/C/N/954), the Free Trade Agreement 
between Hong Kong, China and Georgia, goods and services (document WT/REG3 97/N/1 and 
S/C/N/918), the Free Trade Agreement between MERCOSUR and Israel, goods (document 
WT/REG398/N/1), and the Revised Treaty of the Economic Community of West African States 
(ECOWAS), goods (document WT/REG399/N/1).  
1.15.   The representative of the United States  thanked the concerned Members for the early 
announcement s and notifications and expressed appreciation for the time and effort that had gone  
into providing these reports. She urged Members to stick to the timelines in the Transparency 
Mechanism  to the extent po ssible to ensure that the Committee was given full opportunity to review 
the notified agreements within the next year.  
B.III Notifications of changes to existing RTAs  
1.16.   The Chairman  noted that s ince the last meeting of the CRTA notifications of c hanges 
to existing RTAs ha d been received  for: Canada -Chile, goods and services 
(document  WT/REG38/N/1/Add.3 and S/C/N/65/Add.2); and China -Macao, China, goods (document 
WT/REG163/N/1/Add.11).  
1.17.   In relation to the  Canada -Chile notification, t he representativ e of the European Union  
welcomed the inclusion of a provision on a transition from a traditional arbitration model to a 
standing multilateral investment tribunal with an appellate mechanism. She strongly supported the 
ongoing multilateral process on reform of investor state dispute settlement under the auspices of 
UNCITRAL and advocate d for the creation of a permanent multilateral investment court with an 
appeal mecha nism that would enhance the le vel of independence and impartiality of adjudication 
and ultimately the legitimacy of the ISDS system. She looked forward to the active participation of 
Canada and Chile towards achieving these important goals at the next UNCITRAL meeting.  
1.18.   Concerning the China-Macao, China Closer Economic Partnership Agreement, the European 
Union commended the Parties for the transparency provided  by the notification . She invited the 
Parties to provide further information about the expected benefits from the agreement, incl uding its 
relationship with Macao, China 's stated diversification strategy , new provisions on promotion of the 
Guangdong-Hong Kong , China -Macao , China  greater bay area and Macao , China 's integration into it 
as well as commitmen ts to improve customs procedu res, trade facilitation and the reduction of WT/REG/M/94  
 
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  technical barriers to trade. She asked if the Parties could provide information on progress being 
made towards these measures.  
1.19.   The representative of China  thanked the European Union for its questions concerning the 
CEPA and the notification. She recalled that the Agreement had a specific chapter with respect to 
the Guangdong -Hong Kong, China -Macao , China  greater bay area. The chapter sought greater 
liberalization and trade facilitation and she offered to provide more detailed information and data in 
response to written questions.  
1.20.   The representative of the Dominican Republic  thanked Canada and Chile for the notification 
provided. He requested that changes to the existing RTA should take gender issues into account with 
respect to the agreement  and noted that the Parties had set up a mechanism to ensure gender 
mainstreaming whi ch was part of the Dominican Republic's approach to international trade. This was 
a vital area and the Dominican Republic was keen to ensure that women were able  to participate 
fully in the benefits of trade liberali zation, particularly in relation to micr o and small and medium 
sized enterprises.  
B.IV Non-Notified RTAs (WT/REG/W/1 41) 
1.21.   The Chairman  recalled that an updated list of non -notified RTAs had been  circulated to 
Members on 2 September as WT/REG/W/141 and contain ed 79 RTAs issued in factual presentat ions 
up to 2 September 2019. Nine RTAs ha d been removed from the list. They were APTA ( services), 
EU-Armenia, MERCOSUR -Israel, Mexico -Argentina, Mexico -Brazil, Mexico -Cuba, Mexico -Ecuador, 
Mexico -Paraguay and Mexico -Bolivia. Five RTAs ha d been added: Chile -Argentina, 
MERCOSUR -Colombia, PTA among D -8 Member States, Sri Lanka -Singapore, and Georgia -Moldova . 
1.22.   The representative of the European Union  noted that she would come back to the issue of  
non-notified RTAs under Item C concerning agreements that fell under the framework of the Treaty 
of Montevideo.  
1.23.   The representative of the United States  continued to b e dismayed by the large number of 
non-notified agreemen ts under the RTA Transparency Mechanism. Notifications were required under 
WTO rules and represented the most basic WTO commitments. The lack of transparency was 
problematic for WTO Members and traders  and undermined the proper functioning of the WTO 
Agreement. She urged Members to notify these agreements as quickly as possible.  
B.V STATUS ON THE PREPARATION OF FACTUAL PRESENTATIONS (INCLUDING DELAYS 
IN THE RECEIPT OF DATA AND COMMENTS ) (WT/REG/W/142) 
1.24.    The Chairman  noted that concerning the preparation of the factual presentations under the 
remit of the CRTA, in the case of RTAs involving WTO Members only there were currently 24 RTAs 
for which a factual presentation ha d to be prepared  (counting goods a nd services separately ). He 
recalled that at the Committee's 52nd Session held on 4 March 2009, Members had agreed to begin 
considering RTAs involving non -members under the Transparency Mechanism's procedures. Thus, 
factual presentations on a further 20 RT As involving non -members were to be prepared. Members 
had agreed that those RTAs notified since 14 December 2006, including future notifications, should 
be taken up before the others. Data requests for RTAs notified since the adoption of the Transparency 
Mechanism had been sent to the relevant Parties.  
1.25.   Regarding the backlog due to late receipt of data necessary for the preparation and drafting 
of factual presentations and comments on factual presentations, he had held consultations with a 
number of delegat ions and hoped that they would provide missing information as soon as possible. 
An updated list of all such RTAs had been recently circulated as WT/REG/W/142. He noted  that the 
EU-SADC Agreement  had been  sent to the Parties on 13 December 2018, not 13 Dece mber 2019 as 
stated in the document. He had been asked by the Secretariat to remind Members to submit 
comments that had been  jointly agreed by all Parties as this would facilitate their work.  
1.26.   The representative of the Secretariat  stated that with regard to  agreements among Members, 
for GCC -Singapore (services) no comments had been received to date. For EU -SADC (goods) 
comments were still awaited. For Peru -Honduras, (goods and services) comments had just been 
received and a Factual Presentation would shortly  be circulated . For Korea -ASEAN, and ASEAN -Japan WT/REG/M/94  
 
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  (both goods) final comments were still awaited. For EU -Cameroon, Papua New Guinea -Fiji, 
Korea -India (all go ods) data was not yet complete and accordingly the drafting of factual 
presentations had not started. For MERCOSUR -Israel (goods and services) data had been received 
from Israel and Paraguay, data had previously been received from the other Parties, except  for 
Uruguay from which  data was still awaited. For GCC (goods) responses to Members questions were 
still awaited. For EU -Armenia (services) data was due by 4 November 2019, and had already been 
received from the European Union. For Hong -Kong, China -Georgi a (goods and services) the factual 
presentation had been sent to the Parties for comment. For ECOWAS (goods) data was due by 
10 October.  
1.27.   With regard to agreements involving non -Members, for the CIS Agreement (goods) some 
comments had been received, but no t from all Parties. For the G UAM Agreement (goods) some 
comments had been received but not from all Parties.  
1.28.   For the following agreements data was not complete : EFTA-Lebanon, Turkey -Syria, 
Ukraine -Azerbaijan, Ukraine -Turkmenistan, Russian Federation -Turkme nistan and as a result the 
Secretariat was not in a position to commence drafting of the factual presentations.  
1.29.   She recalled that  some  Agreements  had been  notified as being in force for some but not all 
Parties and it had been decided to wait for entry int o force for all parties before starting the 
transparency process . However, given that some of the agreements were quite  old, it would be 
better to start the process of drafting factual presentations for the parties for which the agreement 
was in force as w aiting longer might entail problems with data availability . The Agreements 
concerned were EU -Central America, for which data had been received from El Salvador, but was 
still awaited from the other Parties.  For EFTA-Philippines (goods and services) data ha d been 
received from the Philippines. The CPTPP was in force for 7 Parties, and data ha d been requested 
from some Parties and received from some Parties . The APTA Agreement's services aspects ha d 
been notified but there were no specific commitments on services. As a result it was not possible to 
start drafting factual presentations on such Agreements. She reminded Members that t here were 
4 other such Agreements currently on hold because they lacked specific services commitm ents. The 
Secretariat would appreciate information from the Members concerned on whether services 
commitments were to be negotiated under the concerned Agreements to permit a decision on how 
to proceed  with the drafting of factual presentations for these a greements . 
C. COMMUNICATION FROM  THE EUROPEAN UNION – EUROPEAN UNION FOL LOW -UP 
QUESTIONS TO LAIA MEMBER  COUNTRIES (WT/REG/W /124)  
1.30.   The Chairman  noted that the European Union ha d asked that it 's follow up questions to LAIA 
member countries issued in document WT/REG/W/124 be kept on the Agenda  of the Committee .  
1.31.   The representative of the European Union  reiterated its request to receive outstanding replies 
from LAIA Member countries to the E uropean Union's follow -up questions. The follow up questions 
were raised  in a communication of 30 October 2017. At the CRTA meeting in November 2018, LAIA 
countries assured Members that they were working on the replies and they w ould submit them to 
the CTD.   
1.32.   To date, no answers had been received  neither in the CTD nor in the CRTA, and the concerns 
raised had not yet been clarified. For this reason, the European Union raised the issue in both 
Committees.  She noted that LAIA members had provided replies to questions raised by the 
United States and believe d that further discussions regarding transparency and the examination 
process for ongoing modifications to already implemented RTAs were needed.  
1.33.   The E uropean Union recalled that a t the last informal CRTA meeting in July 2019, the Chair 
had informed the Committee about his interest in making progress  on this topic  by appointing 
vice-chairs (friend s of the Chair). She asked if the Chair still intend ed to proceed with this i nitiative.  
1.34.   The representative of the United States  urged LAIA members t o provide the information being 
sought. The efforts to date were appreciated but the United States looked forward to receiving more 
fulsome responses.  WT/REG/M/94  
 
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  1.35.   The representative of Argentina  thanked the representative of the European Union  and 
responded that the parties were working as best they could with a view to providing a satisfactory 
response to the quest ions and the general issue as soon as possible.  
1.36.   The Chairman  noted that there had been many meetings with the Parties involved to make 
an effort to resolv e this historical issue on the agenda. He wished to highlight the co -operation 
received from the Parties to the LAIA, who were working to resolve this problem as soon as possible.  
D. CONSIDERATION OF REGI ONAL TRADE AGREEMENT S  
ITEM D.I 
(The minutes of the consideration of th is Agreement are being distributed as a separate document  
WT/REG377/M/1 .) 
 
ITEM D.II  
 
(The minutes of the consideration of th is Agreement are being distributed as a separate document  
WT/REG172/M/1 .) 
 
E. CONSIDERATION OF R EGIONAL TRADE AGREEM ENTS INVOLVING WTO NON -
MEMBERS  
ITEM E.II 
 
(The minutes of the consideration of th is Agreement are being distributed as a separate document  
WT/REG385/M/1 .) 
 
F. OTHER BUSINESS   
1.37.   The Chairman  informed the Committee that the last meeting of the CRTA in 2019 would be 
held on 7 -8 November. The first meeting in 2020 wa s tentatively scheduled for 7 -8 April but the 
dates were subject to confirmation . 
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