RESTRICTED  
  
WT/GC/M/202  
 
2 March  2023 
(23-1408) Page: 1/93 
General Council  
19-20 December 2022  Original: English  
 
MINUTES OF THE MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD AND IN VIRTUAL FORMAT  
ON 19-20 DECEMBER  2022 
Chairperson: H.E. Mr. Didier Chambovey (Switzerland)  
The Chair and the Director -General bade farewell to Ambassador  Taeho L ee (Republic of Korea ) and 
Ambassador  Angel Villalobos  (Mexic o) and expressed appreciation for their valuable contribution 
during their time as Permanent Representatives.  
 
Subjects discu ssed1: 
 
1  REPORT BY THE CHAIR OF THE TRADE NEGOTIATIONS COMMITTEE AND               
REPORT BY THE DIRECTOR -GENERAL  ................................ ................................ ..............  2 
2  FOLLOW -UP TO OUTCOMES OF MINISTERIAL CONFERENCES  ................................ ....... 6 
A.   MC12  ................................ ................................ ................................ ........................  6 
(i)  WTO Reform – Statement by the Chair  ................................ ................................ ...........  6 
(ii)  Work Programme on E -Commerce – Statement by the Facilitator  ................................ ...... 23 
(iii) Paragraph 8 of the Ministerial Decision on the TRIPS Agreement – Report  
by the TRIPS Council  ................................ ................................ ................................ ........  32 
B.  Buenos Aires (MC11), Nairobi (MC10), and Bali (MC9)  ................................ ......................  40 
3  WORK PROGRAMME ON SMALL ECONOMIES – REPORT BY THE CHAIR OF THE 
DEDICATED SESSION OF THE COMMITTEE ON TRADE AND DEVELOPMENT  ....................  42 
4  DATE AND VENUE OF THE THIRTEENTH SESSION OF THE  MINISTERIAL   
CONFERENCE AND VENUE OF THE FOURTEENTH SESSION  ................................ .............  45 
5  THE DEVELOPMENT ASSISTANCE ASPECTS OF COTTON – STATEMENT BY THE 
DIRECTOR -GENERAL  ................................ ................................ ................................ ...... 49 
6  COMMITTEE ON BUDGET, FI NANCE AND ADMINISTRATION – REPORTS ON          
MEETINGS OF 22 SEPTEMBER, 5 OCTOBER, 8 NOVEMBER, 1 AND 5 DECEMBER 2022  ..... 53 
7  REJUVENATION OF WORK PROGRAMME ON ELECTRONIC COMMERCE AND 
MORATORIUM ON IMPOSING CUSTOMS DUTIES ON ELECTRONIC TRANSMISSIONS –
REQUEST FROM INDIA AND SOUTH AFRICA  ................................ ................................ ... 61 
A.  Consumer Protection in E -Commerce – Communication from India  ................................ ..... 61 
8  TRADE RELATED CHALLENGES OF THE LEAST DEVELOPED COUNTRIES AND WAY 
FORWARD: PROPOSAL FOR WTO SMOOTH TRANSITION MEASURES IN FAVOUR OF 
COUNTRIES GRADUATED FROM THE LDC CATEGORY – COMMUNICATION FROM   
DJIBOUTI ON BEHALF OF THE LDC GROUP  ................................ ................................ ..... 65 
 
1 The proposed agenda was circulated in document WT/GC/W/ 861. WT/GC/M/202  
 
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  9  IMPLEMENTATION OF THE MINISTERIAL DECLARATION ON THE WTO RESPONSE          
TO THE PANDEMIC AND PREPAREDNESS FOR FUTURE PANDE MICS –          
COMMUNICATION FROM THE AFRICAN GROUP   ................................ .............................  74 
10  DERESTRICTION OF THE URUGUAY ROUND NEGOTIATING MATERIALS –            
DRAFT DECISION  ................................ ................................ ................................ ...........  79 
11  WAIVERS UNDER ARTICLE IX OF THE WTO AGREEMENT  ................................ ..........  79 
A.   Introduction of Harmonized System 2002 Changes into WTO Schedules of  Tariff  
Concessions – Draft Decision  ................................ ................................ ............................  79 
B.   Introduction of Harmonized System 2007 Changes into WTO Schedules of  Tariff  
Concessions – Draft Decision  ................................ ................................ ............................  79 
C.   Introduction of Harmonized System 2012 Changes into WTO Schedules of  Tariff  
Concessions – Draft Decision  ................................ ................................ ............................  79 
D.   Introduction of Harmonized System 2017 Changes into WTO Schedules of  Tariff  
Concessions – Draft Decision  ................................ ................................ ............................  79 
E.   Introduction of Harmonized System 2022 Changes into WTO Schedules of  Tariff  
Concessions – Draft Decision  ................................ ................................ ............................  79 
F.   Review of Waivers Pursuant to Article IX:4 of the WTO Agreement  ................................ .... 80 
12  ANNUAL REVIEW OF THE SPECIAL COMPULSORY LICENSING SYSTEM –          
PARAGRAPH 7 OF THE ANNEX TO THE AMENDED TRIPS AGREEMENT AND            
PARAGRAPH 8 OF THE DECISION ON THE IMPLEMENTATION OF PARAGRAPH 6  OF  
THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH –  
REPORT OF THE COUNCIL FOR TRIPS   ................................ ................................ ............  82 
13  INTERNATIONAL TRADE CENT RE UNCTAD/WTO – REPORT OF THE  
JOINT ADVISORY GROUP ON ITS 56TH SESSION  ................................ ...........................  83 
14  REVIEW OF ACTIVITIES  ................................ ................................ ...........................  86 
15  APPOINTMENT OF OFFICERS TO WTO BODIES – ANNOUNCEMENT BY  THE CHAIR 
PURSUANT TO PARAGRAPH 7.1(A) OF THE GUIDELINES  ................................ ................  87 
16  OTHER BUSINESS  ................................ ................................ ................................ ..... 87 
16.1  Statement by the Chair in connection with Administrative Measures for                     
Members in Arrears  ................................ ................................ ................................ ..........  87 
ANNEX 1 – ENSURING TRANSPARENCY AND SECURING WTO STAFF INTERESTS                      
IN 2023 BUDGETING PROCESS – COMMUNICATION FROM INDIA  ................................ .. 89 
ANNEX 2 – ELABORATION OF THE DIRECTOR -GENERAL'S 19 DECEMBER 2022 
STATEMENT TO THE GENERAL COUNCIL REGARDING THE USE OF  THE  
BUDGET SURPLUS  ................................ ................................ ................................ ..........  92 
 
 
1  REPORT BY THE CHAIR OF THE TRADE NEGOTIATIONS COMMITTEE AND REPORT BY 
THE DIRECTOR -GENERAL  
1.1.  The Chair recall ed that a formal TNC meeting had taken place on 30 November  2022.2 He noted 
that since that meeting, two additional consultations had taken  place with group coordinators on the 
matter of the chairmanships of the CoA SS and the NGR – together with the Director -General. While 
the situation remain ed unchange d, he again  urged all delegations to work together in a constructive 
spirit to bring this issue to a solution as soon as possible.  
1.2.  The Director -General  delivered the following statement3: 
1.3.  Since the October meeting of the General Council, I convened a form al TNC and informal Heads 
of Delegation meeting on 30 November to collectively take stock of our work post -MC12. My report 
 
2 The Minutes of the 43rd formal meeting of the Trade Negotiations Committee are contained in TN/C/M/43 . 
3 The Director -General's statement was subsequently circulated in document JOB/GC/326.  WT/GC/M/202  
 
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  and those of the CTD SS and TRIPS Council SS Chairs , as well as the GC Chair's statement were 
circulated to delegations in document J OB/TNC/105. The formal record of that meeting, which 
includes all your statements, was circulated in TN/C/M/43. Circulating comprehensive minutes within 
two weeks is part of the small step -by-step, reform -by-doing that some of you have been referring 
to recently.  
1.4.  As we heard from the GC Chair last Thursday, clarity on the MC13 date and venue seems to 
be emerging, and I hope we can take a decision on that here. With clarity will come the responsibility 
to use the intervening months to build convergence on me aningful outcomes – tangible deliverables 
in a few areas and frameworks to advance work in others.  
1.5.  All the stakeholders, Leaders and Ministers are expecting us to deliver. It has been clear in all 
the trips I made recently  which were quite a few  – from Chi na to the United States , to Fiji, to Hong 
Kong, and other venues Australia and New Zealand . We are expected to deliver. I hope we can do 
that. At the Ottawa Group meeting last Friday, one of the Ministers repeated the mantra that I have 
been saying – MC12 must not be seen as the miracle on Lake Geneva. We have to construct other 
miracles as we go along for  MC13.  
1.6.  This General Council  meeting  is the last gathering of Heads of Delegation for 2022. Your 
collective success at MC12 remains a highlight of the year – but as I observed at the last TNC, we  
have not done much serious negotiating in the past six months. So, my report on this is , of cour se, 
not there. We therefore have a lot of ground to cover and will have to intensify our efforts when we 
return from the winter break. I feel tempted to repeat my suggestion from the end of last year that 
delegations should consider returning early in Janu ary. Give it a thought.  
1.7.  In the negotiations, we all have to return to the table in earnest. But we also urgently need 
people to shepherd these negotiations. I  just wish to echo the GC Chair and keep reiterating the 
need to reach consensus on the Chairs of CoA SS and the NGR. As the Chair indicated, since the 
TNC meeting, we have been reaching out to delegations to  try to  bridge gaps. But ultimately, this is 
a responsibility of Members. I hope that, as the Chair said, we are increasing consultations with eac h 
other and taking steps to make sure we resolve this problem. It should not be beyond this body to 
be able to appoint negotiating Chairs. Six months of not negotiating is not acceptable.  
1.8.  On special and differential treatment, I wish to recall Ministers' i nstruction at MC12 to continue 
to work on improving the application of S&DT in the CTD SS and other relevant venues in the WTO. 
I therefore encourage Members to help the CTD SS Chair, Ambassador Kadra Hassan, to help you 
find the best way forward.  
1.9.  On devel opment in general, I welcome the GC Chair's intention to organize an informal dialogue 
on this important area in the context of WTO reform early next year. I also recognize the successful 
seminar on LDC priorities in global trade , which took place early th is month, where we welcomed 
over 30 capital -based participants from over 20 LDCs to share experiences and explore evolving 
trade priorities together with Geneva -based delegations.  
1.10.  Greater synergies between what we do in Geneva and what is happening in capi tals is 
necessary to better respond to LDCs' most pressing trade needs, and thus contribute further to what 
trade and development is all about – improving people's lives. As you know, the second part of the 
Fifth UN Conference on LDCs will be held in March  2023, and it is important that we include LDC 
issues in our reform discussions. I am convinced that this will be front and centre at this Conference. 
We must have some good things to report.  
1.11.  As I mentioned at the TNC, there is a widely held view that we c annot be seen as a responsive 
multilateral organization unless we reform, particularly with regard to our dispute settlement system. 
In this regard, I thank Minister Mary Ng of Canada and the Ottawa Group Ministers and delegates 
for the very productive mee ting on Friday , which focused on WTO Reform and the lead up to MC13.  
1.12.  Excellencies, w e have a lot on our plates. During the break, I encourage all of you to reach 
out to your capitals for guidance that will get us back on track when we come back. During the se 
difficult times of economic slowdown, food and energy crises, climate change, and persistent 
development al challenges, the WTO cannot afford to stand aside. We must begin to lay the ground 
for concrete results  before, at and beyond MC13. In this regard,  I understand that several of your WT/GC/M/202  
 
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  Ministers may be attending Davos. I hope we can use the opportunities offered there to catch up 
with those who attend to see if we can move forward on several issues.  
1.13.  Before concluding, I would like to thank Members for t heir active participation in the recently 
concluded World Trade Congress on Gender. Several Ministers and Heads of Agencies attended the 
event. 80 researchers showcased their work on challenges and opportunities for empowering women 
in global trade. This i ssue – and discussions like those at the Congress – are a key part of making 
trade more inclusive. And I think we can really be proud of what was achieved there.  
1.14.  Let me also inform Members that, as part of the Transformation Process in the Secretariat, 
on Friday, we launched new approaches on rewards outside of promotions. We celebrated teamwork 
and we celebrated long-serving staff. But I am also very proud to tell you that after seven years  in 
the making , we have now launched a Framework on Gender Equality . For the first time, the 
Secretariat has an Equity and Gender Parity Framework. I am very happy about this , as I thought it 
was anomalous that an organization  of this size and repute does not have a gender policy.  
1.15.  As I conclude my report, I would like to thank you all for a very fruitful first half of the year. 
On behalf of myself and the Secretariat, I want to extend best wishes to you and your families for a 
happy, festive holiday. I look forward to our work in the new year and to delivering more success es 
to our Organization.  This concludes my report.  
1.16.  The Chair noted that an extensive and substantive debate took place at the TNC meeting on 
30 November  2022. He also recalled that a s mentioned  by the  Director -General, the TNC Minutes, 
which include all Members' statements, had already been circulated.4  
1.17.  The representative of Djibouti, on behalf of the LDC Group,  delivered the following statement:  
1.18.  The LDC  Group requests that our statement from the TNC meeting held on 30 November is 
recorded for this meeting.5   
1.19.  The representative of India delivered the following statement:  
1.20.  On this item, let me take this opportunity to convey that our statement delivered at the TNC 
meeting can be placed  on record.6  
1.21.  The representative of Indonesia  delivered  the following statement:  
1.22.  I would like to thank the Director -General for her report, as Chair of the TNC. On the TNC  
issues moving forward, Indonesia places its high pr iority in fulfilling the mandates of the TNC and 
concluding as soon as possible our remaining homework, especially on agriculture and fisheries 
subsidies.  
1.23.  The representative of Viet Nam  delivered the following statement:  
1.24.  On the negotiations on fishery subs idies and agriculture , for the purpose of efficiency, we 
would not repeat and would just like to place on record Viet Nam's statement delivered at the formal 
Trade Negotiations Committee and Informal Heads of delegations meeting on 13 November.7  
1.25.  The representative of Tunisia  provided  the following statement:  
1.26.  I will limit myself in this first intervention to highlighting the most salient points for my 
delegation on the fisheries and agriculture negotiations, and I will come back to the other topics  
later, as per the agenda. On fisheries subsidies, we welcome the momentum generated by the 
retreat and first workshop that formed part of the second wave of negotiations. We believe, in this 
 
4 See footnote 2.  
5 The stat ement is contained in  paragraphs 4.48 to 4.51 in  TN/C/M/43 and is incorporated  by reference 
in the records of this meeting.  
6 The statement is contained in  paragraphs 4.119 to 4.122 in  TN/C/M/43 and is incorporated by 
reference in the records of this meeti ng. 
7 The statement is contained in  paragraph 4.115 in  TN/C/M/43 and is incorporated  by reference in the 
records of this meeting . WT/GC/M/202  
 
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  respect, that "knowledge building" would gain in substance by co ntinuing to involve the specialized 
agencies such as the Food and Agriculture Organization (FAO), but also representatives of some of 
the regional fisheries management organizations (RFMOs), the bodies most involved in the 
management of sustainable fisheri es. It is worth recalling the critical need for an equitable 
agreement that prohibits the most harmful subsidies that contribute to overcapacity and overfishing 
and takes into consideration the urgent need for some developing countries and least developed 
countries (LDCs) to support the development of their fisheries sector.  
1.27.  Turning to the second focus, on the implementation of the agreement reached at MC12, and 
in order to speed up the acceptance processes, it would be useful to call for a collective lega l audit 
among Members (as was undertaken after the adoption of the Trade Facilitation Agreement), which 
would ensure legal certainty during implementation and a unified and consistent cohesion with other 
WTO agreements. Lastly, bringing the funding mechani sm into operation through specific actions 
should not be delayed, to enable the target countries to see the contribution of this mechanism in 
comparison to traditional strengthening mechanisms. On the agriculture negotiations, the consensus 
that has emerge d from the intense discussions in the Committee on Agriculture since June is 
welcome. The work programme that has been agreed, and the road map developed to move 
discussions forward on the main food security concerns of LDCs and net food importing developi ng 
countries (NFIDCs), are a real source of hope after more than 20 years of famine. The constructive 
attitude that prevailed during the consultations between two of the most important groups in these 
negotiations, the CAIRNS Group and the African Group, b odes well for the future of these 
discussions. There should be an understanding that a successful outcome to these discussions will 
be the barometer of success for the Thirteenth Ministerial Conference. However, the emergency 
linked to the disruption in th e supply of agricultural inputs due to the war in Ukraine, compounded 
by the drought and post COVID -19 recovery difficulties, is so pressing that immediate responses 
should be provided. If not, there is a risk of the collapse of many food security policies  in developing 
countries and LDCs that have dwindling resources.  
1.28.  The representative of Vanuatu, on behalf of the Pacific Group,  provided  the following 
statement:  
1.29.  I wish to commend the Director -General for her visit to Fiji, marking her first visit to our B lue 
Pacific Region, and the successful Dialogue with Pacific Islands Forum Trade Ministers at the High -
Level Event on Fisheries Subsidies in November. That event also enabled our Ministers to adopt a 
Ministerial Statement outlining the region's priorities in WTO. On fisheries subsidies, the Pacific 
Group remains committed to continue negotiations in the second wave, building on the partial 
Agreement on Fisheries Subsidies adopted at MC12.  The completion of this outstanding work is 
important to fully deliver  on SDG 14.6. The negotiations must aim towards a comprehensive 
agreement including overcapacity and overfishing as well as appropriate and effective special and 
differential treatment for developing countries with a view to making recommendations to MC13,  in 
line with paragraph 4 of the MC12 Ministerial Decision.  We therefore need to finalize the appointment 
of the NGR Chair in order to progress this work. We strongly urge Members to reach a consensus on 
this issue. On ratification, our members are making efforts to ratify the Fisheries Subsidies 
Agreement (FSA) in line with their domestic processes. They will be assisted in this regard with a 
comprehensive assessment on the implementation of the FSA to be undertaken by the Pacific Islands 
Forum Secretariat .  
1.30.  The representative of El Salvador  provided  the following statement:  
1.31.  I would like to report on the work of the Informal Working Group (IWG) on Trade and Gender. 
In 2022, the IWG built on work achieved in 2021 . It strengthen ed Members' experience and expe rtise 
in inclusive policy making . It completed  successful rounds of thematic discussions introducing the 
issue of trade and gender equality in the WTO for the first time . It designed and implemented the 
first work plan in the WTO on trade and gender based on the four work pillars of the IWG . These  
four pillars  are gender -responsive policy making; gender lens applied to WTO; research and 
analytical work and Aid for Trade. We strengthened the WTO work on trade and gender  with two 
MC12 outcomes, which provided  a basis for further accelerating the IWG technical work in the last 
quarter of 2022. The first MC12 outcome  that I am referring to  is a paragraph  contained  in the MC12 
outcome document ( i.e., paragraph  13 of WT/MIN(22)/24 - WT/L/1135) , which recognized the 
importance of women's economic empowerment and the work of the WTO on this issue at the 
multilateral level . This provided  an additional and stronger basis for the IWG work in addition to 
what is conta ined in the  interim report establishing the IWG in 2020 . The second MC12 outcome  WT/GC/M/202  
 
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  that I am making reference to  is the  'Co-Chairs Joint Statement on Inclusive Trade and Gender 
Equality from the Co -Chairs of the Informal Working Group on Trade and Gender ' (WT/MIN(22)/7). 
Both outcomes gave additional  impetus to the IWG and as a result , work accelerated . Between  
September and December 2022 , five workshops were held to specifically and further explore issues 
related to sex -disaggregated data collection on women  in trade and various technical methods in 
order to gather information  on how trade supports female entrepreneurs and how existing and future 
rules in the areas of trade facilitation, e -commerce, investment facilitation and government 
procurement could als o offer economic opportunities  to women . In 2022,  we also contributed to the 
World Trade Congress on Gender. The congress brought together over 30 researchers from all over 
the world  to share new data and research findings on trade and gender and more spec ifically on 
gender -responsive trade agreements, to outline solutions to mitigate the impacts of COVID -19 on 
women and to facilitate trade for women and female entrepreneurs. Speakers focused on  innovative 
thinking and substantive new research in support of  sustainable and inclusive trade. Many Members  
that participate in the IWG have supplemented these  findings and  in doing so,  demonstrated  how 
trade can work for women, especially in times of crises.  In terms of f uture work and looking at MC13 , 
work will co ntinue to buil d on the four work pillars  of the IWG . More specifically, w e will c ontinue to 
build on these technical progress  and take the work further ahead  with two main objectives. First,  
build a work plan for 2023 that will lead the IWG to MC13  – with a view to releasing  a work plan , if 
possibl e, on 8 March for International Women's Day . Second, s tart the outline  of a possible MC13 
outcome . With regard to  MC13 , the IWG is now beyond  making declarations of a general nature. We 
need something concrete to commit to, with deadlines. For this purpose, the co-chairs will conduct 
consultations with the IWG  participants  to decide on  the format, content and timelines.  
1.32.  The General Council took note  of the report by the Director -General  and of the statements 
made . 
2  FOLLOW -UP TO OUTCOMES OF MINISTERIAL CONFERENCES8 
A. MC12  
(i) WTO Reform – Statement by the Chair  
2.1.  The Chair proposed to take up matters under sub-item 2(a), namely, (i) WTO reform, (ii) the 
Work Programme on E -Commerce and (iii) the report by the TRIPS Council on paragraph 8 of the 
Ministerial Decision on the TRIPS Agreement separately, and open the floor each time under each 
matter. He also noted that on WTO reform, he would make a coupl e of points on other MC12 
follow -up work that had been undertaken by various WTO bodies. He further proposed that Members 
then take up sub -item B, with his statement on the implementation of Bali/Nairobi/Buenos Aires 
outcomes - noting that some of these ma tters intersect with the outcomes of MC12.  
2.2.  The Chair delivered the following statement9: 
2.3.  As Members will recall, at our last General Council  meeting , I reported on my consultations on 
WTO reform. I recalled a  number of recommendations that I had put forw ard to assist in structuring 
the process, which included organizing an informal conversation among Members, under the 
auspices of the General Council, for Members to have a frank and open exchange on WTO reform. 
This Informal meeting took place on 10 Novem ber.  
2.4.  I would like to thank once again all of you for your constructive participation and also place on 
record my appreciation to Ambassador Aitzhanova (Kazakhstan), Ambassador Yamazaki (Japan), 
Ambassador Teehankee (Philippines), Ambassador Johnson (Togo)  and Ambassador Benedetti (El 
Salvador) for facilitating the breakout sessions and the reports they provided.  
2.5.  My concluding remarks, made under my own responsibility, were circulated to delegations in 
document JOB/GC/325 – building on my reflections from O ctober , which had been circulated as 
JOB/GC/318. I will not repeat them but highlight a number of issues.  
 
8 At the General Council meeting, as proposed by the Chair, Item 4 was taken up immediately after 
Item 1.  
9 The Chair's  statement was subsequently circulated in document JOB/GC/329.  WT/GC/M/202  
 
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  2.6.  I will start with development. Based on what we heard from Members at the Informal meeting, 
I noted in my concluding remarks that development also mer ited a similar conversation. This would 
provide Members the opportunity to discuss, inter alia , cross -cutting aspects of the development 
dimension.  
2.7.  In my statement at the TNC on 30 November, I indicated that I was reflecting on this issue. I 
also heard th at a number of you had started reflecting on how to structure such a discussion in a 
meaningful manner.  
2.8.  Let me confirm that I will convene an informal meeting on WTO reform focused on development 
at the beginning of February next year. This will take place  at the WTO premises and follow the 
same interactive, Member -driven format that we used in November. Delegations will receive a formal 
invitation including further details of this event in January.  
2.9.  The second topic I would like to highlight is dispute sett lement. This issue has been identified 
as a priority by almost all delegations during recent discussions on WTO reform in the TNC and the 
General Council. Many delegations have expressed appreciation for the ongoing informal discussions 
at the expert level , while also calling for the discussions to be formalized in some manner. I am 
exploring ways in which the discussions may be institutionalized at the appropriate time in order to 
help Members fulfil their commitment in paragraph 4 of the  MC12  Outcome Docu ment "to conduct 
discussions with the view to having a fully and well -functioning dispute settlement system accessible 
to all Members by 2024".  
2.10.  Members also shared a broad spectrum of views about improving the negotiating function and 
finding ways to build  convergence. The Director -General, as TNC Chair, and I continue to reflect 
about the appropriateness and timing of providing opportunities to have thorough exchanges on 
specific issues taking into account what we heard at the informal meeting.   
2.11.  Some insti tutional matters were also raised during the Informal meeting – including the idea 
to hold Ministerial Conferences annually, and cooperation with international organizations as well as 
outside stakeholders such as the private sector, civil society, and the  academia. Given the need for 
further clarity and discussion, I reiterate my invitation to the proponents to reach out to other 
Members and, if they see fit, submit more detailed proposals.  
2.12.  With regard to the day -to-day work, you will recall that at the Oc tober General Council, I 
suggested that each subsidiary body should look at what it has done or achieved and explore ways 
to improve its daily functioning and better deliver on its mandate – and then report to the General 
Council, as appropriate.  
2.13.  To facili tate this work, I am coordinating efforts with the Director -General and the subsidiary 
body Chairs.  To prepare for this meeting, I met with the Chairs of WTO regular bodies on 
5 December. Let me highlight some of these reform -related efforts which have bee n brought to my 
attention.  
2.14.  The CTG Chairperson held consultations on whether and how the CTG should proceed with 
the implementation of three issues which could have an impact on CTG work namely, e -commerce, 
WTO response to the pandemic, and WTO reform. He  also asked the Chairpersons of the CTG's 
14 subsidiary bodies to prepare factual reports under their own responsibility, including on the 
current functioning of their Committees, and the actions taken over the past years to improve their 
work. The request  by the CTG Chair was circulated in JOB/CTG/18. A list of the reports by subsidiary 
bodies of the CTG is contained in JOB/CTG/19.  
2.15.  In terms of next steps, an informal dedicated session will be held by the CTG on 
31 January  2023 to discuss these reports and for Members to express their views on how to proceed. 
An information session on the WTO's digital tools used by the CTG and its subsidiary bodies was held 
on 9 December.  
2.16.  The CBFA Chair also informed me of several procedural improvements for the CBFA that were 
already agreed in April 2021. These include: the issuance of reminder notices before meeting 
agendas close; reporting on ongoing work by the Chair; and providing additional time to Members WT/GC/M/202  
 
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  to review reports by the Secretariat. The full set of procedur al improvements is set out in document 
WT/BFA/W/538/Rev.2.  
2.17.  Still on WTO reform, I wish to say a couple of words on WTO meetings. As already mentioned 
in October, a number of delegations have raised concerns about scheduling conflicts, and this matter 
was also identified during the Informal meeting on WTO reform in November, as an area for 
improvement. I am pleased to inform you that, as requested by Members, the Secretariat is finalizing 
a tentative calendar of formal meetings for 2023. Care has been taken to avoid, to the extent 
possible, sc heduling conflicts for formal Council and Committee meetings.  
2.18.  This concludes my update on WTO reform. Let me just stress that, together with the Director -
General and the Chairs of WTO bodies, we will ensure that the principles set out in paragraph 3 of 
the MC12 Outcome Document are respected throughout our WTO reform work.  
2.19.  At the same time, given the Member -driven nature of our work, your inputs fuel this process 
and determine any outcomes that we achieve. I therefore urge you to consult with your capitals  as 
necessary and return prepared to actively engage in the reform work early next year.   
2.20.  As I signalled at the outset, still on this sub -item, allow me to make a few additional points 
related to implementation matters from other MC12 outcomes that have be en brought to my 
attention by the Chairs of the respective bodies.  
2.21.  I have been informed that, at its November meeting, the Committee on Agriculture 
established a work programme to consider food security concerns of least -developed and net food -
importing de veloping countries, pursuant to paragraph 8 of the MC12 Declaration on the Emergency 
Response to Food Insecurity. The approved work programme ( G/AG/35) sets out four thematic areas 
– and a working group has been established to arrive at possible recommenda tions by 
end-November  2023.  
2.22.  With regard to the WTO response to the pandemic, I refer to the factual reports from the CTG 
and its subsidiary bodies on work in this area. Discussions also took place in the context of the CTS, 
CTD and in WGTTT , and also in th e area of TRIPS . 
2.23.  The representative of Djibouti , on behalf of the LDC Group , delivered the following statement:   
2.24.  The LDC Group takes note of the results of your consultations on WTO reform. We request 
that our statement regarding the issues on reform at th e Formal TNC, Informal HOD meeting, held 
on 30 November, be placed on the record of this meeting.10 However, we would like to reiterate and 
highlight the following points. We urge Members to consider the elements of the LDC Group 
communication JOB/GC/223/Rev.1 and the LDC Ministers' Declaration adopted in October 2021.  
Among those elements include: (i) that reform must take into account the lessons learned in terms 
of conducting and participating in Ministerial Conferences since the creation of the WTO. In 
particular, we must ensure that LDC proposals are discussed in all green rooms and other forms of 
negotiations before they are brought to the attention of Ministers ; (ii) that WTO reform must take 
into account the capacity constraints of LDCs. To this end, the Group's submission contains clear 
ideas on reforming the Committee and Council meeting process es, in order to avoid worsening the 
already severe capacity constraints for LDCs to follow and participate effectively in meetings ; and, 
(iii) that the issue of administrative sanctions and measures against its Members should be 
reconsidered. Existing admi nistrative measures, including access to documents and ineligibility for 
technical assistance, due to arrears in WTO membership fees, should be reviewed and reconsidered 
as well.  
2.25.  The representative of Antigua and Barbuda , on behalf of the OECS , delivered the following 
statement:   
2.26.  As I am taking the floor for the first time, I extend a hearty welcome to new Ambassadors, 
especially Ambassador Wilson of Barbados, a fellow member of the CARICOM Group. I also wish 
departing Ambassadors the very best as they open a new chapter.  Let me thank you for your report. 
 
10 The statement is included  in TN/C/M/43  and is incorporated by reference i n the records of this 
meeting . WT/GC/M/202  
 
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  We are also grateful for the reports from the Facilitator of the discussions on the Work Programme 
on Electronic Commerce as well as the Chairman of the TRIPS Council. I will address WTO reform 
first. The OECS assigns high priority to the reform agenda as elaborated in paragraphs 3 and 4 of 
the Outcome Document of the 12th Ministerial Conference. We thank you for your work to date with 
respect to the consultations as well as the informal meeting held on 10 November. We reiterate the 
need to conduct our work in a manner which is open, inclusive, transparent , and Member -driven. 
Regarding paragraph 3 of the Outcome Document, which is a general reform mandate, we support 
the conduct of work at the lev el of the subsidiary bodies, but this must be ad referendum to the 
General Council. We also believe that development should be a cross -cutting theme across all reform 
discussions. We also support dedicated discussions on the development dimension. On parag raph 4 
of the Outcome Document, time is not on our side as it relates to having a fully and well -functioning 
dispute settlement system accessible to all Members by 2024. We have been active in the informal 
discussions which started last Spring. As phase tw o of this process nears completion, we look forward 
to the discussions being brought to the multilateral fold very soon. Finally, we align with the 
statement by the ACP and CARICOM.  
2.27.  The representative of Cameroon , on behalf of the African Group , delivered the following 
statement : 
2.28.  We would like to begin by thanking you, the Facilitator and the Chair of the TRIPS Council for 
your respective reports. Our Group expressed its views on these matters at the November 2022 
Trade Negotiations Committee meeting, and t he relevant statement should be included in the TNC's 
report. We will therefore limit our statement today to a few points. Regarding reform, we reiterate 
the need for structured, inclusive and transparent discussions accompanied by detailed planning 
where necessary. We emphasize the importance of placing development at the centre of our reform 
discussions. Not only is development a cross -cutting issue, it also allows for constructive dialogue 
regarding a subject long overlooked by this Organization. To ensu re such dialogue, our discussions 
must be based on the written proposals of all Members without exception. This is why the African 
Group thought it appropriate to submit an initial proposal on reform and will work to make textual 
contributions to the discu ssion wherever possible. We welcome your efforts to bring these 
discussions to a successful conclusion, and the contributions of various Members.  
2.29.  The representative of the European Union  delivered the following statement : 
2.30.  Today the European Union will just  focus on some key points and respond to the issues that 
you raised. Delivering a more effective WTO in all functions by MC13 is the European Union 's 
overarching objective. Looking at the state of the economy and world affairs, it is clear that 
multilatera l cooperation is needed more than ever to avoid fragmentation. We are now six months 
since MC12 took place and must ensure that the WTO reform process now underway can produce 
tangible results by the 13th Ministerial Conference (MC13). On substantive WTO r eform items, re -
establishing a fully functioning dispute settlement by 2024 is the number one priority for the 
European Union. The European Union is keen to see reform discussions accelerating in the New Year. 
The membership cannot afford to miss the 2024 deadline identified in MC12. Hence the need to 
move as soon as possible to a new phase focused on a limited set of specific issues, paving the way 
for text -based discussions that should start in the first half of next year so that we can reach 
agreement by  MC13.On enhancing the monitoring and deliberating function, we are encouraged by 
the valuable work underway in subsidiary bodies on improving their practical functioning in an 
incremental and bottom -up manner. The European Union sees the need for more mea ningful policy 
deliberation by in response to global trade policy changes, such as on level playing field issues, the 
development challenges and the climate transition. We are reflecting on how to operationalise this 
objective to feed into the reform proce ss.   
2.31.  On negotiations, we are encouraged by the good progress on the open plurilateral Joint 
Statement Initiative (JSI) on investment facilitation for development. Conclusion by MC13 is a 
priority. It is also crucial to achieve substantial progress on the e-commerce JSI given notably its 
contribution to integrating developing country members into global trade. On agriculture, the 
European Union supports the need for a new approach. Members should also integrate food security, 
sustainability and poverty aspe cts into the negotiations.  Above all and more pressingly, we need to 
nominate the Chairs for the Agriculture and Rules Negotiating groups. Chair, on the reform process 
we fully support your suggested way forward and welcome the opportunity of a dedicated r etreat on 
development in the new year. Finally, the European Union would like to thank the WTO Secretariat 
and Director -General Okonjo -Iweala for their efforts on women 's economic empowerment. Earlier WT/GC/M/202  
 
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  this month, these efforts culminated in the first World  Trade Congress on Gender at the WTO. You 
pulled off a unique event, bringing together gender researchers, trade diplomats and policymakers. 
Lastly, as Members consider how we can best support the international trading system, we cannot 
turn a blind eye to  Russia 's continued violations of the international order. Russia's continuing 
attacks on civilians and civilian targets are leaving millions without access to electricity, central 
heating and water in the middle of winter. We condemn these attacks and Rus sia's war of choice 
against Ukraine in the strongest possible terms. It is incumbent on the Russian Federation  to cease 
its military actions, respect Ukraine 's territorial integrity and restore the conditions for peace, trade 
and growth.  
2.32.  The representative of Vanuatu , on behalf of the Pacific Group , delivered the following 
statement:  
2.33.  On WTO reform, we thank you for your report and commend you for the work undertaken in 
this area, including the informal meeting held on 10 November. Our posi tion on reform has been 
reiterated by our Ministers in their statement, whereby they stressed the need to improve the 
functioning of the WTO, to ensure that WTO reform is an open, transparent and inclusive process, 
and the need to restore a fully and well -functioning dispute settlement system that is accessible to 
all Members by 2024. The Pacific has always supported the restoration of the two -tier dispute 
settlement system. Any reform in this area should ensure that the dispute settlement system is 
accessi ble to all and are affordable to small Members, which is especially important for small island 
developing states now that we have the Fisheries Subsidies Agreement.  
2.34.  The representative of Kenya , on behalf of the ACP Group , delivered the following statement:  
2.35.  Thank you for your report on the implementation of MC12 issues. On WTO reform, we stress 
the need to adhere to the principles elaborated by Members. The ACP Group would like to draw 
Members ' attention to the ACP Ministers ' declaration for MC12  contained  in document WT/ MIN(22)/3, 
on such principles for the WTO reform work.   
2.36.  The representative of Pakistan  delivered the following statement : 
2.37.  Thank you for your report. Pakistan remains a strong supporter of necessary reform of the 
WTO which needs to be oriented  at mitigating shortcomings and enhancing its relevance to the 
current and very obvious challenges of the global commons, including, the global health crisis, 
climate change, and the collective global economic crisis while also remaining sensitive to evolv ing 
individual country crises, like food security. And for this, my delegation is convinced that members 
need to act cooperatively rather than to stick to narrow ideological positions. Development needs to 
be complimented with resilience to multifaceted gl obal crises that will surely and increasingly 
confront us in times to come. In recognition of these facts, Pakistan would like to urge the 
membership to accord urgent priority to: (i) rectifying with mutual understandings, the existing 
imbalances in the cu rrent architecture of this organisation, which have been identified by Pakistan 
along with African Group, Cuba and India in WT/GC/W/778/Rev.5. These rectifications, in the longer 
run, shall bear fruit for global economy at large; (ii) addressing on priorit y, the issues that have 
been creating difficulties in the implementation of S&DT provisions.  Here, I recall paragraph 2 of the 
MC12 Outcome Document and call upon the membership to act in a spirit of mutual cooperation; 
(iii) engage productively in the wor k program of e -commerce and to also reach a terminal decision 
on the moratorium and end the uncertainty; (iv) reinstate a two -tiered, accessible and functional 
DSB by 2024. Pakistan reiterates its openness to the ideas on process, scope and structure of 
reforms in a way that they do not compromise the cardinal principles of non -discrimination, 
inclusivity, transparency, and consensus driven decision -making as enshrined in the Marrakesh 
Agreement. Chair, the meanings of 'development' may need a revisit. Sust ainability of development 
is necessary, we need to incorporate technology transfers, technical and capacity building assistance 
for the developing and LDC members in the reform agenda keeping in view challenges faced by their 
existing and prospective econo mic development. E.g., climate change, natural disasters, pandemics, 
food security, etcetera. Pakistan believes that rising trend of unilateralism is unhealthy for the spirit 
of multilateralism and provides all the more reason for reform to unravel the inh erent imbalances of 
the system, meanwhile the GC shall encourage members to avoid taking unilateral trade measures 
which distort trade, act as technical barriers, protectionism and hurt the economic interests of all 
member countries and specially the devel oping and LDCs.  WT/GC/M/202  
 
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  2.38.  The representative of China  delivered the following statement:  
2.39.  We are at the low tide of economic development. On trade side,  as indicated by the 
Secretariat 's report, global merchandise trade  volume is to grow only 1  per cent  in 2023. On the 
other hand, while  the Appellate Body  has been made paralyzed, measures taken in the nature of  
unilateralism and protectionism are increasing with no limitation.  These measures run counter to 
the WTO rules, especially those  under the guise of national security. They disrupt global supply  chain 
with state interventions and sacrifice the interests of  Members. All shows WTO reform is more urgent 
than ever.  In the interest of time, I will not repeat China 's positions in  the previous meetings. Ju st 
to highlight two points: first, the  formal discussion on dispute settlement reform should start early  
next year. Members should fully engage in a constructive and  pragmatic manner, focusing on 
restoring fully functioning  two-tier dispute settlement mech anism. Second, we are looking  forward 
to a meaningful discussion in the coming retreat on  development early next year.  
2.40.  The representative of the Russian Federation  delivered the following statement:  
2.41.  Chair, I have, unfortunately, to react on continued polit ical allegations from some delegations 
against my country. We believe that repeating them over and over again will not make them true or 
relevant to the work of the WTO. They just distract us from our work on mandated issues and are 
simply disrespectful to  other Members. The retreat on the WTO reform in November was a good 
start, but we  believe that a lot remains to be done. The prime task is to reach a common 
understanding on the main goals of the WTO reform. This would define the scope of the reform and 
the pathways to reach it. From Russia's perspective, the main goal of the WTO reform should be to 
ensure that the Organization provides a stable framework of openness, which promotes economic 
recovery and development. This requires the following. The reform  should aim to enhance the WTO 's 
effectiveness in safeguarding the stability and predictability of trade regimes. To achieve this, the 
WTO rules must be effective in combating the emerging forms of protectionism, distortion of 
competition and discriminatio n. It also necessitates a general agreement on approaches concerning 
the exceptions of the WTO rules in order to avoid their abuse under the pretext of national security 
or environmental protection. The WTO system of rules must be efficient, enforceable an d fair. These 
rules must be respected and there must be legal remedies should they be violated. This requires a 
fully functioning two -tier dispute settlement system, which should be stable and predictable and 
ensures the independence and consistency of its  decision -making practice.  
2.42.  The nature and outcomes of dispute settlements should be defined in a way that enhances 
the discipline of implementing the panel's recommendations. The WTO rules need to be adapted to 
modern -day challenges, which also implies th e update of rules in emerging areas. Plurilateral 
agreements can be a solution – ways to incorporate them into the WTO law warrant a detailed 
discussion. However, the basic prerequisite for a positive contribution of pluri -tracks to the WTO 
negotiations is  the inalienable right of any WTO Member to constructively participate in all of them. 
The reform should take into account the needs of developing and least -developed Members. It should 
also aim to equalize the imbalances in the obligations of the recently  acceded Members. New 
Members joining the WTO undertake obligations based on the rules of the WTO, as well as those 
that are outside the scope of these rules. We acknowledge that the reform is not an easy task. 
However, MC -12 has proven that consensus is p ossible even in challenging circumstances. The basic 
prerequisite for success is an open dialogue among Members. Russia reaffirms its readiness to 
constructively engage in the reform process. And Chair, shortly coming back to the previous item of 
the agenda, I would like to thank you and the Director -General for your efforts to build a consensus 
regarding the time and venue of MC13 and MC14 and confirm that we are ready to join the consensus 
in the interests of the WTO. We also thank the delegations of the United Arab Emirates and Cameroon 
for their constructive approach and the amicable agreement that has been reached.  
2.43.  The representative of Nigeria  delivered the following statement:  
2.44.  Nigeria wishes to thank you for your efforts in advancing discussions on W TO reform. We 
believe through this process we would collectively reposition the WTO to effectively adapt to the 
evolving nature of the global economic landscape for the benefits of Members. In our view, it is of 
critical importance that the reform process is geared towards the delivery of outcomes that would 
help Developing Countries overcome their development challenges and better use global trade to 
drive growth. We must therefore, through this process, address  simultaneously the longstanding 
Development issues on the negotiating agenda of the WTO, together with issues of commercial 
significance that foster inclusive growth, create jobs, and widen the circle of prosperity. In our view, WT/GC/M/202  
 
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  the WTO rule book need to be updated with commercially meaningf ul rules on digital trade, services, 
investment and MSMEs for the institution to be more effective and relevant to the diverse economic 
priorities of its members in this 21st century. Finally, we should as a matter of urgency address the 
challenges and con cerns regarding the Appellate Body, and restore a full -fledged, well -functioning 
two-tier dispute settlement system accessible to all Members. In conclusion, Nigeria would continue 
to engage constructively on this issue towards ensuring we collectively rev italise the WTO and 
enhance its role in global economic policymaking.  
2.45.  The representative of the United Kingdom  delivered the following statement:  
2.46.  Six months almost to the day, we stumbled out of this room in the early hours of 17 June 
having, in our view,  shown the resilience of this Organization and indeed of the multilateral system 
in the face of many challenges. Most notably, the unprovoked aggression by the Russian Federation 
against Ukraine, a fellow Member of this Organization , in violation of every principle of international 
law, the charter and the very principles on which this organisation is based. And we meet here today 
while Ukrainians are deprived of heat, light, food , and water thanks to the aggression of the Russian 
Federation. So, it is good  that we have agreed this morning on both the hosts of our next two 
Ministerial meetings and the dates of our next Ministerial, MC13. But we have work to do, a lot of 
work to do. And we have  not done a lot of work in the six months since we emerged from th is 
building at the end of MC12. It  is good that we have identified a date for MC13 and as others have 
said, it is really important that every Member of this organisation is able to participate in that meeting 
and we will do our best to support LDC Members participating as we did at MC12. It  is good too that 
we have got a plan for a discussion on development early in the new year, the same as we have 
discussed reform and agriculture and fisheries. Hopefully that meeting too will be evidence based, 
will look at what is the evidence, the best evidence we can both inside and outside this organisation 
on how Members, particularly LDCs , have benefitted from membership of this organisation and what 
can be done in order that they can truly exploit the potentials of free and open trade . In that respect 
we very much welcome the work on ecommerce . As our colleague has said, these rules lie at the 
heart of enabling countries, particularly developing countries, to enjoy the fruits of a digital economy 
and to develop.  
2.47.  When we talk about WTO reform, for us, there is one issue above all others and that is the 
issue of dispute settlement and I think that is true for many of us in this room this morning. We 
have a mandate from our Minsters to establish a fully and well -functio ning dispute settlement system 
as soon as possible, if we can by 2024 and let me pay tribute to the work the United States has 
done to bring us back into discussions on this issue. But we obviously now need to move up a gear, 
and to start looking at specif ic proposals, specific text, that we can agree by the time of MC13. On 
the other issues, the lack of agreement on Chairs, as you said this morning D irector -General , is 
holding us back, let  us be honest about that. If our agreement on Fisheries was one of t he great 
achievements of MC12, the fact that we do  not have a Chair in the Committee that established that 
agreement is a real block. The fact that we do  not have a Chair to take forward discussion on 
agriculture, which so many of us say is a crucial issue , and as others have said, is part of the wider 
issues of greening the global economy and addressing global issues of food insecurity. The absence 
of a Chair  is a real problem. So if we mean what we say; that MC12 was a success and we wish our 
colleagues i n the UAE and Cameroon well at MC13 and MC14, we, the Members of this Organization 
have to take up our responsibilities and agree those Chairs, and find a way forward, so we can 
actually deliver real, meaningful outcomes for the global economy, for our wor kers, four our 
consumers and for our businesses at MC13.  
2.48.  The representative of Ecuador  delivered the following statement:   
2.49.  We have taken due note of the main points  of your report , and  we commend you for what 
you did in the area of reform and support your work proposals for the future. Ecuador wishes to 
express at this meeting  that reform for us is a unique opportunity  in order for this Organization to 
move forward and to better respond to current challenges related to trade, for instance, sust ainable 
development, environmental and health crisis, digital economy and food security. Ecuador believes 
that we should continue to work in different bodies in order to transparently and collectively, 
incorporate reforms in different areas of the WTO. I w ould also like to mention three issues in which 
my delegation is particularly interested. First, from a practical standpoint, as this would improve 
management at the WTO, is Brazil 's suggestion to have an annual Ministerial Conference following 
what other international organisations do, in which one of two meetings takes place at the 
headquarters. Then we have the dispute settlement  issue. We hope that reform will activate the WT/GC/M/202  
 
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  system which we view positively as soon as possible. Lastly, we should keep in mi nd that an 
important area for reform is making progress and that's the deliberative function of the organisation. 
Ecuador is in favour  of taking this up inclusively and it should take into account, the challenges met 
by smaller delegations, including acces s to information and being able to participate in all decision -
making bodies.  
2.50.  The representative of Bangladesh  delivered the following statement : 
2.51.  Bangladesh congratulates Argentina for winning the Football World Cup. Our appreciation 
goes to France for an  extraordinary performance. We appreciate all football playing nations and 
Qatar for successfully organizing the event: Hats off to the true spirit of fair play and football. Our 
delegation welcomes the new Ambassadors and bid farewell to the departing Amb assadors and wish 
them all the best. We also thank the UAE and Cameroon for their kind offer to host the next two 
MCs. Mr. Chair, as you have kindly guided us, we 'll take the sub -items one by one. Under the sub -
item 2 (a)(1) on WTO Reform, Bangladesh aligns  with the statement delivered by Djibouti on behalf 
of the LDCs.  Bangladesh thanks the GC Chairperson for the report on this issue. On WTO reform, as 
the LDC Coordinator has pointed out, Bangladesh also emphasises the need to consider all the 
elements in t he LDC Group's submission JOB/GC/223/Rev.1 and the MC12 Declaration of LDC 
Ministers in October 2021. Our delegation earlier pointed out that the development dimension in the 
work of WTO and preserving its multilateral character should be at the heart of R eform discussion.  
The relevant subsidiary bodies under the GC of course can do their part but the consolidation of such 
discussion and finalization of any decision on WTO reform must take place in the General Council. 
Bangladesh welcomes the GC Chair's pro posal for organizing a dedicated dialogue or retreat on 
'Development ' early next year. The delegation of Bangladesh earlier suggested to improve the 
process of committee and council meetings through introducing detailed annotated agenda for every 
meeting. We are happy to see that some WTO committees are serving annotated agenda. All 
Committees and Councils should follow this practice. In addition, we also propose that a factual 
report in brief on the same day, immediately after the meeting, regarding the de cision on every 
agenda item should be circulated to Members. Full reports may follow. This will be helpful for small 
delegations like us. 
2.52.  The representative of Malaysia  delivered the following statement:   
2.53.  Malaysia wishes to stress the importance of maintaining the positive impetus of MC12. 
Malaysia was actively engaged in the negotiations and supportive of the constructive role of Members 
in achieving the landmark agreements towards MC12. Please allow me to  briefly touch on these 
outcomes. On WTO reform, our Ministers have agreed to launch  the WTO reform process with the 
aim of achieving results by MC13. In this regard, Malaysia considers WTO reform as a continuous 
process, and our priority is to restore the  two-tier dispute settlement system. Most importantly, the 
reform should prioritize the influence and concerns of all Members. We are confident that this is 
attainable by MC13 provided that all Members are willing to show pragmatism, flexibility and ready 
to engage sincerely. As I have the floor, I would like to take this opportunity to congratulate the 
UAE and Cameroon and wish you all the best for hosting MC13 and MC14.  
2.54.  The representative of Japan  delivered the following statement : 
2.55.  With regard to WTO ref orm, Japan attaches importance to the incremental but steady 
improvement of work at the Committees ' level toward MC13. We intend to pursue a bottom -up 
approach in addressing issues such as enhanced engagement with outside stakeholders and the 
improvement o f transparency, including compliance with the notification obligation. We also welcome 
the initiative by the Chair to hold a dedicated session on development aspects under the General 
Council in February. Japan will constructively participate in the discus sion. To address the issue of 
development aspects, it is important first to make each function of the WTO more accessible for 
developing country Members. The Dispute Settlement system is where we see the existing function 
compromised and it merits the high est priority in the reform agenda among the WTO 's three core 
functions. With a view to having a fully and well -functioning DS system by 2024, as agreed at MC12, 
it is important that the current informal discussion will be developed into a formal process at  an 
appropriate juncture next year. On the negotiating function, we welcome the steady progress made 
in the Joint Statement Initiatives such as negotiations on Electronic Commerce and Investment 
Facilitation for Development, and the procedure for improving  the Schedule of Commitments 
regarding the Service Domestic Regulation. We believe that the JSIs are effective means to address 
the challenges the WTO faces and expect more Members to participate in these initiatives. Finally, WT/GC/M/202  
 
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  Japan strongly condemns Russi a's aggression against Ukraine.  Currently we see much of Ukraine 's 
energy infrastructure destroyed by Russia 's attacks, causing massive blackouts across the country. 
These attacks are unlawful, inhumane and totally unacceptable. Japan strongly urges Russia  once 
again to stop the aggression and withdraw its forces from the territory of Ukraine within its 
internationally recognized borders immediately.  
2.56.  The representative of South Africa  delivered the following statement:  
2.57.  South Africa's  perspective on WTO refo rm is articulated in the fourth Revision of the Africa 
Group, Cuba, India and Pakistan paper entitled: "Strengthening the WTO to Promote Development 
and Inclusivity ". The WTO needs to be responsive to the needs of developing countries by 
rebalancing trade rules to promote development. There are rules that constrain development or 
remove policy tools that others have used to industriali ze, and these  must be addressed. Any reform 
agenda that does not address the interest of developing countries, long standing  mandated issues, 
preserves the multilateral character of the WTO and provide policy space to developing countries to 
industrialise will be futile. South Africa  is of the view that WTO reform should among others:  (i) 
Safeguard the multilateral character of the WTO. This includes upholding and retaining consensus 
decision -making, equality, inclusivity and transparency in the operations of the WTO . (ii) P reserve 
the Member -driven nature of the WTO. This implies that Chairpersons of WTO bodies and the 
Secretariat uphold their roles as neutral facilitators of engagements among Members. Similarly, the 
role of other stakeholders, including intergovernmental and international organizations should be 
confined within their mandate and with due regard to a  multiplicity of perspectives . (iii) Preserve 
policy tools to promote economic recovery and provision policy flexibility to support Intra -African 
Economic integration, structural transformation and industrialization.  (iv) Reaffirm the principle of 
Special and Differential Treatment for developing countries in the WTO within existing and future 
agreements . We would emphasize the important role of the CTD  SS in this regard . (v) Reassert 
development within the WTO by delivering on longstanding development mand ates. (vi) Restore a 
functioning, independent and effective dispute settlement system in order to preserve and enforce 
the rights and obligations of all WTO Members in a fair and even manner. The dispute settlement 
system should be reformed to ensure it is  accessible by all, particularly developing countries.  We 
thank you for the recent retreat on WTO reform and look forward to the next meeting that will focus 
on development.  
2.58.  The representative of Tunisia  delivered the following statement:  
2.59.  We thank you for your status report on the follow -up to MC12 outcomes and associate 
ourselves with the statement made by Cameroon, on behalf of the African Group. We reiterate our 
unwavering commitment to the founding principles of the WTO, which are based on openness, 
transparency and inclusiveness. The reform should take into account each Member's concerns and 
should also promote closer links between trade rules and development. The multilateral trading 
system we are aiming for should defend resilience for all and must dr aw on the impacts of recent 
crises to take into account the new challenges facing developing countries. These countries should 
have sufficient flexibility to make use of ad hoc and exceptional measures to address the impact of 
crises, particularly the unpr ecedented rise in energy prices, cereals and fertilizers, which have led 
to unprecedented trade balance deficits. We also hope that the discussions on the current blockage 
in the Appellate Body will enable Members to honour the mandate, with a view to havi ng a fully 
functional dispute settlement system accessible to all Members by 2024.   
2.60.  The representative of Paraguay  delivered the following statement:   
2.61.  On WTO reform, we would like to reiterate our commitment to the process. We believe that 
the priority of WTO Members should be to complete the MC12 mandate, to have a functioning dispute 
settlement system , especially the Appellate Body  - that this be functioning and working correctly by 
2024. We consider that it is n ecessary  to improve transparency , not only in notifications but also in 
the various negotiations. In some JSIs, progress is being made without bearing in mind the 
challenges of developing countries, which does call into question the multilate ralizing effect of the 
results. As such, we would like to reiterate the importance of the WTO taking better consideration 
of Special and Differentia l Treatment in WTO reform discussions. I would also like to express our 
concern in the lack of definition and the va cant chairs posts, especially in the important  subject of 
agriculture. I would also like to thank the UAE and Cameroon who will be the hosts of MC13 and 
MC14 respectively, and of the work of the Chair to reach that agreement.  WT/GC/M/202  
 
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  2.62.  The representative of Mauriti us delivered the following statement : 
2.63.  We associate ourselves with the statements made by both the African Group and the 
ACP Group. The MC12 mandate on reform is clear. We need to make WTO fit for purpose and able 
to meet the challenges of the changing glob al trading environment. The preambular paragraphs of 
the Marrakesh Agreement are explicit about the Organization's purpose. It is about raising living 
standards, sustainable development, and ensuring that developing countries reap the benefits global 
trade. This is what the reform should allow us to achieve. While the informal meeting held last month 
gave us all the opportunity to express our understating of the reform agenda. We still wish to 
emphasize the need for development to be at centre of all reform  discussions. For instance, with 
regard to addressing the systemic imbalances in existing WTO Agreements, the capability of 
developing Members to leverage technology to integrate the global value chain and to benefit from 
new opportunities. The Organizatio n further needs to recognize, not only in theory but in practice, 
that small developing economies require specific attention. On process, we insist on the need for 
ensuring openness, transparency and inclusivity. In this regard, we thank you and the Secret ariat 
for avoiding  clashes in the scheduling of important meetings  while preparing the 2023 meeting 
calendar . This will be most helpful to small delegations like ours. Today's  meeting has approved the 
venue and indicative  dates for MC13. We are required to  report on progress and propose draft 
decisions on reform for the next Ministerial Conference. In this regard, we urge that any such 
decisions should always include the development dimension.  
2.64.  The representative of India delivered the following statement:  
2.65.  First of all, on WTO reform , I would like to recall India's proposal along with other co -sponsors, 
contained in  WT/GC/W/778/Rev.5 . The WTO reform retreat provided us an opportunity to exchange 
our views and expectations on WTO reforms in a more relaxed and informal setting. Though different 
Members had different expectations on reforms, the common threads that emerged from the 
deliberations at the retreat was that Members want to preserve and strengthen the current 
multilateral trading system, the core princ iples of consensus, the agenda of development and 
Member -driven nature of this Organization. And this reflection I have gathered through various 
facilitators reports, which we listen to carefully. Members also would like to focus on those areas 
where refor m can be undertaken more quickly. However, we should not lose aspects of such reforms 
which are more complex and challenging but these reforms matter to developing countries. We 
support this approach of taking incremental reform and will contribute to it s o that we can reap an 
early harvest in the reform domain. And India looks forward to contributing to the process of relevant 
WTO reforms during its G20 presidency, in line with our strong support to a Member -driven 
multilateral trading system. Chair, we ar e looking forward to the proposed retreat on development 
in January 2023. And hope that Members try to seek convergence on this important issue, which 
needs to be at the centre  of everything we do in this Organization. We also take this opportunity to 
raise some concern on the Chair 's reflection during these retreats. This issue had come up during 
the retreat on WTO reform. We had some delegations , including my own delegation , that felt that it 
was humanly impossible for Chairs to provide  a factual summary , fully reflecting the discussions that 
were taking place simultaneously across different groups. Therefore, if Members agree, we can have 
facilitators ' report s in the public domain , so that we know what happened inside those five break -
out groups. We need to ensure that such a summary needs to be factual , balanced and reflect views 
of the Members present and should not prejudice the position of Members. This issue needs further 
discussion , so that we can find a solution.  
2.66.  The representati ve of Singapore  delivered the following statement : 
2.67.  As this is the first time I 'm taking the floor, allow me to welcome new colleagues and I look 
forward to working closely with them. I would also like to register my appreciation to two colleagues 
Angel and  Taeho and  thank them for the friendship and contributions and I wish them all the best. 
Allow me to share three brief observations. First, a journey of a thousand miles starts with the first 
step, and I believe that we have started our multi -year journey on WTO reform on the right note. 
The Informal Meeting on WTO Reform was useful for Members to exchange views candidly and obtain 
a better understanding of each other 's position on WTO reform. We must build on that momentum 
by continuing to engage Members a cross the spectrum and avoid staying in our own echo -chambers. 
As DG Ngozi had said in one of her first TNCs, we should start with the "END" in mind, meaning that 
we must "E" - Engage, "N" - Negotiate and "D" - Deliver. However, our engagement will only yi eld 
fruits if Members engage in good faith and keep in mind the system interests of the WTO and address 
new areas such as food security, E -Commerce, as well as trade and sustainability. Second, moving WT/GC/M/202  
 
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  forward, we should identify some points of convergence.  It is almost a cliché to say that reform 
means different things to different members, who also have different views on how we can advance 
reform. However, the "development " dimension of WTO reform has emerged as a common thread 
that deserves our attention  and Singapore welcomes your proposal to have another informal 
conversation in February next year. Third, we must demonstrate progress by MC13 as our Ministers 
have given us a clear mandate at MC12, "to work towards necessary reform of the WTO ". In additio n 
to delivering a "progress report " at MC13, we should develop a systematic roadmap to achieve a 
fully functioning  Dispute Settlement System by 2024. This is clearly a top priority for the vast 
majority of Members. While Singapore will continue to play an active role in the informal "interest -
based " discussions on dispute settlement reforms that has been initiated by the US, w e should 
consider how to "mainstream" these discussions in order to achieve the objective.   
2.68.  The representative of the Philippines  delivered the following statement:  
2.69.  I would like to thank the GC Chair for his report on WTO reform, and on this issue, the 
Philippines is pleased to note the strong convergence among Members to pursue "reform by doing ", 
which is already being pursued by subsidiary bodies in streamlining calendars, agendas, focus areas 
of work and outreach. We see value in continuing the parallel top-down and bottom -up approaches 
and encourage continued discussions on WTO reform at the Heads of Delegation -level, which would 
focus on various proposals related to yearly Ministerial Conferences, development, rules -setting, 
negotiations, stakeholder en gagement, and  the role of the WTO Secretariat. We look forward to the 
informal discussion in February 2023 on WTO reform and development. We also concur with other 
delegations that we must pursue more structured discussions so that by 2024 we will have a f ully 
functioning two -tier dispute settlement system that is accessible to all. I also thank in advance the 
TRIPS Council Chair and the E-commerce Facilitator for their hard work and their briefings to be 
given to Members and assure them our delegation 's support and confidence in their continuing work .  
2.70.  The representative of Jamaica , on behalf of the CARICOM , delivered the following statement:  
2.71.  We thank you for the report on your consultations and the way ahead on WTO reform. We 
should ensure that all Members, particularly those that are small and have small Missions in Geneva, 
can participate fully in the deliberations as any final decisions on reform have to be multilateralized 
and owned by all WTO Members.  
2.72.  The representative of Ukraine  delivered the following statement:  
2.73.  Under this agenda item, Ukraine would like to express its appreciation for holding the Informal 
meeting on WTO reform on 10 No vember 2022, where Members addressed the substantive aspects 
of necessary reform of this Organization. Ukraine also shared its top priorities in this context, 
namely: fully functioning WTO dispute settlement system with a reformed Appellate Body; 
reinvigor ating the negotiations function, in particular substantial reforms on agriculture; striking the 
necessary balance in the level of WTO commitments among Members; enhancing transparency and 
strengthening notification requirements under WTO agreements; respon ding to current challenges 
in multilateral trade agenda. As you are aware, food security remains one of the most vital challenges 
that our trade community has yet to overcome. This challenge has been acknowledged in the MC12 
Declaration on Emergency Respon se to Food Insecurity and Decision on the World Food Programme. 
Despite the horrible war, unleashed by the Russian Federation , Ukraine for its part remains 
committed to its obligations and is ready to continue shipping agricultural products to ensure globa l 
food security and price stability on the international market. In this regard, Ukraine welcomes the 
continuation of the "Istanbul Grain Agreement ". Thanks to this agreement , signed in July 2022,  
Ukraine has already exported approximately 14 million tons of agricultural products. Food was 
delivered by 550 ships, about two thirds  of which went to Asian, African and the Middle East 
countries. In addition, the President of Ukraine has introduced new humanitarian initiative "Grain 
from Ukraine " in order to secure supply of food together with partner countries. According to this 
initiative, we plan to send at least 60 ships from Ukrainian ports to the countries most affected by 
the food crisis and that are in need of urgent aid. Ukraine highly ap preciates the collective efforts 
and support of our partners in this project. These two initiatives ("Grain from Ukraine " and the export 
grain initiative ) provide for timely and powerful response to the threat created by the Russian 
Federation , which has b een "weaponizing " food, targeting the civilian infrastructure of Ukraine, 
including ports facilities, and multiplying the world multi -crisis. Ukraine greatly appreciates tireless 
and continuous support rendered by our partners and calls on other WTO Member s to continue 
making every effort in order to limit Russia 's ability to wage devastating war, to kill Ukrainians,  to WT/GC/M/202  
 
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  undermine the rules -based multilateral trading system, effective implementation of MC12 outcomes 
and future WTO Reform.  
2.74.  The representative of Nepal  delivered the following statement : 
2.75.  My delegation wishes to refer to the statement delivered by Nepal at the meeting of this 
Council in October and expresses its full commitment to effective implementation of the Geneva 
Package of MC12. Regarding t he process of WTO reform, both bottom up and top -down approach 
can be applied as appropriate. For instance, defining scope, setting parameters, and fixing modality 
can be decided by the General Council. Based on such a decision, the General Council and its  relevant 
subsidiary bodies can proceed to conclude our tasks. Regarding the scope, my delegation views that 
main pillars of the WTO functioning that is trade negotiation, trade monitoring and dispute 
settlement should be covered. Levelling the playing fie ld in legal architecture, accession practices 
and WTO functioning is essential. Discrimination in some WTO laws such as Agreement on 
Agriculture, and discrimination between founding and acceded Members created by the accession 
practices need to be fixed. C oncerns of Members especially the LDCs which joined the WTO through 
accession process with very high level of commitment and obligations beyond their capacity should 
be addressed. This would allow them adequate policy space to take needful decisions partic ularly in 
enhancing their trade capacity and socio -economic development. Special and differential treatment 
for developing countries, especially the least developed countries and land -locked developing 
countries, should also be at the core of the WTO refor m. Another important element of reform 
agenda would be addressing huge trade deficit:  any Member facing huge trade gaps after joining 
the WTO such as having several times higher export -import ratio (though ratio threshold can be 
discussed further) should b e given adequate flexibility for adopting needful policy space in a non -
discriminatory manner. Similarly, issues and challenges faced by graduated LDCs should also form 
a part of the WTO reform to ensure their smooth transition after graduation. Finally, l and-locked 
developing country Members have been facing unique difficulties and challenges while participating 
in global trade. Their concerns should also be addressed in an appropriate manner through the 
reform process. My delegation reiterates its readine ss to engage in the entire reform process and 
contribute to conclude it in a timely and inclusive manner.  
2.76.  The representative of Chile delivered the following statement:  
2.77.  With regard to WTO reform, allow me to highlight the following relevant elements for m y 
country at this stage of consideration of the matter. We agree on the urgency of restoring the dispute 
settlement system. The reform should include the changes necessary for the effective functioning of 
the Organization, particularly with regard to trans parency and the regular work of its bodies. Without 
prejudice to this, we cannot miss out on the opportunity to have a WTO  that can help address 
existing and future global challenges. In this context, reform should be framed within a set of 
common principl es aimed at strengthening a more sustainable and inclusive multilateral trading 
system. We welcome the announcement that a dedicated  meeting  on the development dimension 
will be convened. We must have a broader discussion on special and differential treatm ent and on 
how trade can act as a catalyst for the development of production. This includes the necessary 
assessment of trade impacts and contributions to current challenges and the fulfilment of 
development needs, for example by favouring a regulatory env ironment that increases the value 
added of production and innovation and by promoting the transfer of green technologies to 
developing countries. Lastly, I would like to congratulate the Director -General and the Secretariat 
for organizing the first World T rade Congress on Gender. We believe that its success provides an 
example of how the Organization can interact with external actors and contribute to the generation 
and dissemination of knowledge and evidence on matters relevant to trade policy.  
2.78.  The represe ntative of Brazil  delivered the following statement : 
2.79.  I would also like to thank the speakers for their reports regarding MC12 mandates. MC12 has 
proven our capacity to find solutions to old problems and deliver concrete results on issues of 
common interest . Those outcomes are an important contribution to our collective reflection on the 
priorities for a future Ministerial. In our view, agriculture is part and parcel of a credible response to 
pressing global crises such as climate change and food security. M C12 showed the lack of consensus 
on several mandates. We now need fresh negotiating concepts to address the mandate established 
in Article 20 of the Agreement on Agriculture. Reaching outcomes in agriculture reform would be a 
major driver to promote effici ency in sustainable agriculture and to ensure global food security. 
Achieving these goals also requires the WTO to be reformed and made fit for purpose as the main WT/GC/M/202  
 
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  forum for a trade agenda aligned with current global challenges. We should deliver on all pi llars of 
the reform process as soon as possible. Having a fully and well -functioning dispute settlement 
system is a priority for Brazil. We have been engaging constructively in an informal process which 
should be concluded next year. After that, this proce ss should be transitioned to formal negotiations 
within a reasonable timeframe.  
2.80.  The representative of Canada  delivered the following statement : 
2.81.  On reform, Canada commends the work that has already started in respect of the deliberative 
function, in particular the progress being made in the Council for Trade in Goods and its subsidiary 
bodies. The reports that have been circulated by the various bo dies provide a substantive picture of 
what efforts have been made to improve the practical aspects of the work. We also welcome the 
presentations earlier this month on the main digital tools used by delegates and capital -based 
officials, especially the foc us on how they can assist in the preparation and follow up to Committee 
meetings. We look forward to engaging next year in a purposeful, horizontal discussion of what has 
been done, and can be done, to enhance the Organization and conduct of our deliberati ve work. We 
join the EU, UK, and others on the urgent need for chairs for agriculture. Before concluding, I would 
like to say that as long as Russia's unprovoked, unjustified, and illegal war of aggression in Ukraine 
continues, Canada will not engage with Russia at the WTO in a business -as-usual fashion. Russia's 
heinous military actions have seriously affected the Ukrainian economy and its ability to trade - the 
very thing this organisation is designed to support. Canada 's support for Ukraine and its people  is 
unwavering.  
2.82.  The representative of Costa Rica  delivered the following statement:   
2.83.  Regarding the reform process, Costa Rica welcomes the discussions that have taken place 
since the Ministerial Conference. The informal meeting on WTO reform  identified  issues that are 
important to Members and  built trust among the delegations. Costa Rica believes that, when 
addressing the reform process, we should always bear in mind that the WTO has proven to be a key 
instrument in ensuring development for all, providing s ecurity for trade stakeholders and bringing 
predictability through a rules-based  system. This is why the starting point for WTO reform should 
be to recognize the Organization's main objectives and its contribution to development. The WTO 
enables Members to  trade securely and thus bring prosperity to their people. Open trade promotes 
competition and leads to more choice for producers and consumers. A trading system based on clear 
rules creates opportunities for all countries and provides the predictability a nd certainty that the 
private sector needs to invest and create jobs. The objectives of sustainability, food security and 
development will be more easily achieved with the prosperity, opportunities, stability and security 
afforded by a rules -based multilat eral trading system. WTO reform must be geared towards helping 
this Organization to continue to promote global trade under stable conditions and according to clear 
rules, for the benefit of all.  
2.84.  The representative of  the Republic of  Korea  delivered the fol lowing statement : 
2.85.  Now that we have a clear picture of MC13, we should focus on what we can deliver on WTO 
reform, to remain relevant and agile in tackling new issues in trade. While Korea places restoration 
of a fully functioning dispute settlement system as our top priority, we welcome informal discussions 
led by the US and would like to see this process develop at its own pace, while considering formal 
incorporation at an appropriate time.  As for other pillars, we are committed to the work in the 
committe es and councils for Reform -by-Doing to improve the deliberative function of WTO.  We also 
hope to build up new success stories in the negotiation function before MC13 through the 
leading -by-example approach. Time is of the essence, and we should promptly ag ree on an indicative 
timeframe for discussions on reform, so that we can proceed in a speedy manner to achieve our 
mandate.  
2.86.  The representative of Guatemala  delivered the following statement:  
2.87.  We are not going to dwell on the fact that WTO reform is needed. Our Ministers gave us a 
mandate and we must fulfil it. After several months of discussion, very quickly became evident that 
Members have different understandings about the meaning and scope of WTO reform. Guatemala is 
convinced that Members do not need to agree on the meaning and scope of the reform; at least, not 
as a precondition to start reforming and improving this Organization. We can start the reform by WT/GC/M/202  
 
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  doing. It is time to act! For the reform process to succeed, however, Members should agree on 
certain basic principles. First, Members should follow simultaneously the bottom -up and the top -
down approaches. They are not mutually exclusive. Second, Members should agree that WTO reform 
is not a single undertaking. As a matter of fact, WTO reform is an ong oing process required to adapt 
the functioning and relevance of the Organization to the constant -evolving international 
environment. Third, WTO reform should be a continuous and progressive process. Members should 
implement decisions as soon as possible fr om the moment they are agreed. WTO reform should 
transcend the next Ministerial Conference and should not end with a package of decisions by MC13. 
Fourth, WTO Members should evaluate proposals on their own merits. Discussions about such 
proposals should ta ke place in good faith, based on evidence and reasonable arguments. Fifth, WTO 
Members should agree that nothing is excluded from the scope of WTO reform. However, Members 
also could agree to start the discussions concerning the functioning of the Organiza tion before 
moving to any other more substantive topic. Sixth, development should be at the heart of the 
discussions on WTO reform. In this regard, particular attention should be given to the special needs 
of developing countries and least developed countr ies to ensure their effective integration and 
participation in the multilateral trading system. Finally, considering the principles just indicated, 
Members should start by promoting informal discussions about ideas that in their view could improve 
the func tioning of the Organization. These informal discussions could be fundamental in furthering 
the understanding of interests, concerns and needs of other Members and could provide the 
necessary flexibility to adapt proposals before their formal presentation. My delegation would be 
happy to develop these ideas further and is ready to engage with other Members in a constructive 
manner.  
2.88.  The representative of Argentina  delivered the following statement :  
2.89.  Thank you for the reports which have been presented. We would like to state that our 
statements made in the Trade Negotiations Committee on various issues should be included in the 
minutes.11 And we would call for an agreement that the Chairs keep this Organization working.  
2.90.  The representative of Switzerland  delivered the following statement :  
2.91.  The rules -based multilateral trading system is still under significant pressure, and we should 
continue our efforts towards strengthening it. Switzerland therefore welcomes the commitment of 
the WTO membership to undertake  necessary reform on all functions of the WTO. In the short term, 
we see great potential to achieve tangible results within the monitoring and deliberative function. 
We welcome the work that is taking place within committees and bodies as well as in the Se cretariat. 
Regarding our mandate to restore a fully and well -functioning dispute settlement system by 2024, 
a top priority for Switzerland, we must work together to ensure that the current informal process 
will be conducive to a positive outcome. The proce ss should be institutionalized as soon as 
appropriate. Considering development needs along the entire process will be key. In this respect, 
we welcome the upcoming retreat on development issues in the reform, envisaged to take place 
early next year. And we  should make efforts to deliver on graduation as a concrete contribution to 
the development dimension of the reform process. WTO Members now need to engage with each 
other with an open mind. To do so, we should create room for informal and genuine exchange s to 
promote mutual understandings of our respective expectations of what the WTO should be able to 
deliver. Finally, Switzerland joins others in condemning the Russian military aggression on Ukraine 
in the strongest possible terms. Switzerland calls on th e Russian Federation to respect its 
international obligations and to reverse its actions, as well as to withdraw its troops and contribute 
to de-escalation. Switzerland calls on all actors to respect international law, including international 
humanitarian law. 
2.92.  The representative of Mexico  delivered the following statement : 
2.93.  At the recent TNC meeting, I referred to WTO reform and other matters. I request that the 
statement I delivered be recorded in the minutes of today's meeting.12 I bid you farewell and express 
my gratitude and due appreciation. On 31 January, I will conclude my duties before this Organization 
after three years of having the privilege of representing Mexico in a forum that is of vital importance 
 
11 The statement is contained in  paragraphs 4.110 to 4.111 in  TN/C/M/43  and is incorporated by 
reference in the records of this meeting . 
12 The statement is contained in  paragraph 4.106 in  TN/C/M/43  and is incorporated by refer ence in the 
records of this meeting.  WT/GC/M/202  
 
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  to my country. Mexi co's trade is currently worth over a trillion dollars. What happens or does not 
happen at the WTO is of key importance to my country. The past three years have undoubtedly been 
a little strange, marked by unexpected and/or unimaginable events. COVID -19 arr ived; the 
appointment of the then incoming DG was blocked; the Ministerial was postponed and then cancelled 
a few hours before it was due to start; a cruel and absurd war broke out in Europe; we had a very 
successful Ministerial Conference, contrary to all  expectations; and now, in the World Cup, Japan 
beat Germany and Spain, which must have been a heart stopping moment for my friend and 
colleague Kazu! It has certainly been an unusual three years. You imagine reaching the end of the 
cycle as something far off, something that happens to other people, and yet eventually it comes to 
us all. You therefore have to make the most of the temporary privilege of serving the interests of 
the economy that you represent and of contributing to strengthening a multilatera l trading system 
that helps to improve the living standards of people in many parts of the world. This opportunity 
exists in an economically and culturally varied professional context that contributes to a better 
understanding of human diversity and reflec ts the challenges that need to be overcome in order to 
reach consensus. I would like to thank my colleagues from the Mexican mission for their dedication 
and professionalism; I am very proud of having been part of that team. Their passion for the issues 
addressed, their enthusiasm in advancing Mexico's agenda and their commitment to strengthening 
the WTO are exemplary. To all my team, I wish to express my appreciation, great affection and 
gratitude. I also wish to thank the Secretariat for providing me with  effective and quality support in 
the fulfilment of my duties as Chair of both the Council for Trade in Services and the Trade Policy 
Review Body. The WTO Secretariat is one of the most professional and reliable multilateral 
organization secretariats that exists. It is an institutional asset that must be safeguarded. My special 
thanks go out to the colleagues with whom I have been lucky enough to interact, coordinate, 
conspire and socialize. In the various groups in which I worked and participated, I came a cross very 
professional, friendly and generous colleagues and would like to reiterate my gratitude and affection 
towards them. It is difficult to name them individually, as I do not want to leave anyone out, but 
they know who they are. I already come from a big family, but now have many more "brother and 
sisters". I thank the Director -General, the DDGs and the staff, who always respected and supported 
the issues raised by the Mexican Mission. I commend the Director -General on her boundless energy 
and her un wavering commitment to making a gear change in this Organization. The successful 
outcomes of MC12 and the global visibility that she has given to the Organization would not have 
been possible without her tenacity. Members can count on leadership that has e xceeded expectations 
and should capitalize on this leadership to address the challenging agenda that lies ahead. It only 
remains for me to wish this Organization every success. The challenges on the agenda are well 
known, as is the complex economic and geo political context in which they exist. A climate of 
cooperation and trust among Members, as well as a necessary dose of political capital, will be 
instrumental in accentuating the relevance of the WTO and its contribution to addressing current 
and future g lobal challenges.  
2.94.  The representative of Australia  delivered the following statement:  
2.95.  Australia joins other delegations in continuing to condemn Russia's unilateral, illegal and 
immoral aggression against the people of Ukraine. Regarding WTO reform, the ma ndate we achieved 
at MC12 to pursue reforms to all WTO functions presents us with an opportunity to drive much -
needed change. On dispute settlement, Australia's highest reform priority, the reform retreat 
demonstrated a strong will by Members to meet the M C12 mandate of restoring a fully and well -
functioning dispute settlement system by 2024. We are pleased to see the informal discussions 
progressing – we must focus these discussions so we can urgently deliver on this shared objective. 
We welcome your read -out of the important, pragmatic reform of the deliberative function are 
already underway, and we thank chairs of subsidiary committees for their efforts. This work will be 
critical for building transparency, trust and dialogue on emerging trade challenges.  Australia is 
optimistic that we will see incremental but significant institutional reform through these channels. 
Innovative, open and inclusive group rulemaking initiatives are ongoing and serve to reinforce the 
WTO's role as the foundation of the multil ateral trading system by updating the rulebook. We should 
seek to uplift and support these workstreams. At the same time, and with multilateral rulemaking 
spurred by the successful negotiation of the fisheries subsidies agreement, we must continue 
working on how we can drive progress on new multilateral rules on agriculture that consider 
contemporary challenges such as food security and climate change. In this regard, we reiterate calls 
for the urgent appointment of negotiating group chairs. We look forward  to the informal retreat on 
trade and development in the new year, as a useful way to build greater understanding of how best 
to approach this crucial cross -cutting issue in the reform agenda.  Finally, as we have noted 
previously, we think it would be help ful to build habits of cooperation through more regular WT/GC/M/202  
 
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  Ministerial Conferences. Australia welcomes Brazil's proposal for annual Ministerial Conferences, 
which we think could help reduce the 'all or nothing' atmosphere.  
2.96.  The representative of Norway  delivered the following statement:  
2.97.  2022 has been a year of ups and downs. The culmination obviously was MC12 and after that 
since that it has been mostly downs , perhaps with the exception of last night's game. We however 
continue to believe that we can tu rn this ship around, and that when we come back after the break, 
we can pick up the pace to deliver the results we all want in time for MC13. Two short comments on 
the reform. For us the most important aspect would of course be the dispute settlement, havi ng 
dispute settlement be fully functional. We appreciate the informal discussions led by the United 
States  we have had, but we hope also that in January, or when we start up again, that we can enter 
a new more formal phase, focusing on specific issues. On development , we welcome your plan to 
hold a retreat in respect of the wishes of many Members. We recogni ze the importance. It will give 
a good opportunity to focus on both the needs and the benefits of the multilateral trading system 
for developing countri es. Finally, on Ukraine, Norway too, like others continues to condemn Russia's 
military attack on its neighbour, Ukraine. This war of aggression against Ukraine constitutes a 
violation of international law , including the rules -based system which also under pins this 
organisation.   
2.98.  The representative of Panama , on behalf of Article XII Members , delivered the following 
statement : 
2.99.  Regarding the follow -up on MC12 and other Ministerial Conference  results , thank the Director -
General for her report. The group of Ar ticle XII M embers has long maintained that negotiations 
should result in levelling the imbalances that have accumulated in Members ' commitments with each 
new accession negotiation. Our Ministers have once again referred to this situation in para graph  7 
of the MC12 Outcome Document, in which Members recogni ze the special situation of Art icle XII 
Members who have undertaken extensive commitments at the time of accession, including  in market 
access, and  that this situation should be taken  into account in  the negotiations . We believe that to 
reach a level playing  field of those Members  who currently enjoy  higher level s of entitlement, that 
maintain significantly lower levels of commitment than those they reque sted and attained of 
acceding Members will have to make more significant contributions within the ongoing and future 
negotiations and the relevant reform processes. We have several mandates from our Ministers, and 
we will work towards fulfilling them. Addr essing this will contribute to our collective goal of achieving 
a fair and more equitable multilateral trading system, and the group of course stands as always 
ready to engage constructively to achieve significant and balanced outcomes.  
2.100.   Now I would like t o briefly present my national position. My delegation wishes to make 
reference to follow up to the outcomes of the Twelfth Ministerial Conference and WTO reform. With 
a view to laying the groundwork for the way ahead, work programmes should not be limited to 
include subsidiary bodies with mandates from the last Ministerial Conference such as the Negotiating 
Group on Rules  and the Committee on Agriculture in Special Session . A calendar of meetings should 
be drawn up for all special sessions that have pending  mandates in order to reactivate the 
negotiations. We must change the discourse, which has been reduced simply to insisting on what is 
specifically wanted, without indicating what we are ready to consider changing and when. Not only 
are we not negotiating,  but we also cannot  really claim to be moving forward in the negotiations. 
Panama hopes to participate actively in any consultations aimed at reviving negotiations and the 
regular and future work of the WTO. A speedy solution must be found as a matter of u rgency to 
nominate the vacant chairs in order to continue the unfinished work in a timely manner. We 
appreciate the work of the troika and urge Members to show the necessary flexibility to make 
progress on the quasi consensus that already exists. We acknow ledge the progress made on the 
Ministerial Decision on the Work Programme of Small Economies, which was mandated to conduct 
new work on "Integrating small economies into the post COVID -19 economy". We will study closely 
the proposal by a group of Members t o reinvigorate the work programme on  e-commerce. There is 
real convergence among several Members on the issues to be addressed and the way ahead. We 
thank the Committee on Budget and Finance and the Director -General for their draft budget, which 
sought to take into account new MC12 mandates and accommodate the new priorities indicated by 
Members. In future discussions, we should bear in mind that it is pointless to establish new mandates 
and demand reform without in parallel providing the resources to achie ve them. Deciding in a timely 
manner about the date and venue of the thirteenth and fourteenth Ministerial Conferences will allow 
us to draw up a workplan in the coming months based on the outcomes of MC12. We hope to adopt WT/GC/M/202  
 
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  at this session of the General C ouncil a decision on this matter. We wish to thank the United Arab 
Emirates, Cameroon, the Director -General  and her team, and you, Chair, for your efforts to make 
progress on this matter. The WTO is constantly evolving and after almost three decades, has 
accomplished a lot in all of its pillars. It would be good to hold a stock -taking session to review 
everything that has been achieved, including good practices, and see how they were achieved. It is 
crucial to change our strategy and to stop thinking that w e cannot move forward unless we complete 
the full package of Ministerial mandates.  
2.101.   The representative of Indonesia  delivered  the following statement:   
2.102.   Regarding WTO reform, first and foremost, Indonesia would like to emphasize the 
importance of resolving the current impasse of the Appellate Body to restore predictability and 
security to the multilateral trading system. As mandated by paragraph 4 of the MC12 Outcome 
Document, Indonesia urges that having a fully and well -functioning dispute  settlement system 
accessible to all Members by 2024 should be prioritized and  placed at the forefront. For Indonesia, 
the reform process must also continue to place development  issues as its core, to overcome the 
existing imbalances and asymmetries. Specia l and Differential Treatments for developing countries 
and LDCs, in this regard,  must remain an integral part of the outcomes. I would also like to quote 
the message from the President of Indonesia, Joko  Widodo, at the EU -ASEAN Commemorative 
Summit a few d ays ago.  "From the multi -dimensional crisis that we are currently facing, we can 
learn an  important lesson that to grow and to prosper together is the only  option. Furthermore we 
must not only prosper together but  prosper equally."  
2.103.   The representative of Colombia  delivered the following statement : 
2.104.   First of all, I would like to thank you for your report and the hard work over the past few 
weeks to connect with the membership. I would also like to thank the Director -General for her 
presence and explanations, a s well as for her efforts to achieve women's empowerment in this 
Organization and beyond. Also, Santiago Wills, whom I wish to congratulate for his first formal 
meeting of the General Council in his new post. Colombia would like to make three comments on 
reform. First, Colombia supports the ideas on the reform process that have been submitted. In 
particular, we support the idea of the retreat on the development dimension, to take place next 
year. Second, on dispute settlement, we agree on the importance of improvements as a key feature 
of overall reform. We support the European Union's idea of moving forward next year towards a 
more concrete, text-based  path with a limited number of concrete proposals, which will enable us to 
take important decisions for MC1 3. Third, Colombia considers that the discussion on reform must be 
more ambitious and be seized as an opportunity to think about a WTO that is fit for purpose to face 
the challenges of the 21st century, not just thinking about today, but about how we would  like this 
Organization to be in the next 25 to 50 years. A number of significant changes to the global economy 
are occurring  and the multilateral trading system is experiencing several pressure points. All sectors 
are presenting a sharp increase in their levels of subsidies, which places countries with a narrow 
fiscal policy space at a disadvantage. There is also an increasing use of non-conventional  trade 
protection measures. The larger economies are adopting increasingly strong positions among 
themselves . There are also insurmountable obstacles in the area of intellectual property that 
demonstrate, ultimately, that the TRIPS Agreement is considered by many as inadequate to defend 
the interests of the entire membership. A number of issues remain unresolved  as to the WTO's role 
in combating climate change and inversely, an ineffective response based on unilateral measures is 
being observed. Lastly, the dispute settlement system is being increasingly eroded. All of these 
circumstances point to a weakened and fragmented system. Multilateralism should be able to adapt 
and play its part in averting the escalation of tensions and a situation where more problems are 
created than solutions. Our discussion should not be limited just to making minor adjustments or 
procedural improvements. As we have said in a number of fora, we need to aim higher and think 
about novel solutions to the problems that are taking place further afield. Even beyond MC13, we 
must identify serious measures and think of innovative ideas during these months.  
2.105.   The representative of Chinese Taipei  delivered the following statement : 
2.106.   I have the following points to make: First, about the format: We welcome a series of focused 
informal retreat -like discussions on WTO reform. While we recognize the imme nse usefulness of 
informal discussions, we would also emphasize the importance of transforming the outcomes from 
the informal discussion into concrete proposals. Also, in addition to subsidiary bodies being vested 
with the reform task, we place importance on having special setting to address horizontal or cross -WT/GC/M/202  
 
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  cutting topics. Second, about the topic of reform: We welcome the reform discussions on some 
operational aspects. However, at  the current stage, the reform on the negotiati ng function for new 
rules i s less discussed. We hope that there will be far more intensive and systemic discussions on 
the reform of negotiation function, which is of highest importance. This is to ensure the WTO being 
always relevant. In my interventions in other meetings, I raised  a possible more frequent use of 
plurilateral approach and the possible use of soft law, which has already been seen and reflected in 
the use of the "best endeavour" provision in recent JSI negotiations and in Ministerial declarations. 
We hope a systemic u se of such soft law approach will be seriously considered. Third, on D ispute 
Settlement  reform, we are pleased that informal discussions have been progressing. We hope that 
the current discussions will soon be institutionalized and transformed into concret e proposals to 
address key concerns by , and being acceptable to , all Members.  
2.107.   The representative of Thailand  delivered the following statement:   
2.108.   On this issue, Thailand has five key interests. (i ) We welcome the development retreat 
meeting that the Chair just proposed. We believe that this is an important component of the WTO, 
as evidenced by the discussion at MC12. We hope that Members will participate actively in the 
retreat. I took note that th ere is already a proposal on the table and urge Members to engage with 
it when the retreat comes up. (ii) The second issue is the DSB, and I thank the Chair for the plan to 
find a way to institutionalize the current discussion, which will be very useful. ( iii) On the issue of 
food security and agriculture, Thailand is very happy to see the work program me agreed upon in 
the C oA, and this is an important issue for all countries (whether developed, developing, or LDCs). 
I hope that the next stage of the discus sion that you are planning will result in a beneficial 
engagement. (iv) E -commerce, we thank the Ambassador of Mauritius for her efforts, not only in 
hosting the meeting but also in conducting the several consultation meetings, which we find very 
useful. A ny converging ideas and interests on this issue  - hopefully, the discussion will pick up next 
year. (v) The WTO should consider working with other international organizations. Chair , you said 
that you would ask Members to come with the proposal, so we thin k that we can contribute to this 
topic as well. Lastly, something that I do not hear much about is the issue of the environment and 
climate change. We hope that Members will take this issue seriously and actively engage on it.  
2.109.   The General Council took not e of the report by the Chair and of the statements.  
(ii) Work Programme on E -Commerce – Statement by the Facilitator13 
2.110.   The Chair recalled that following the October General Council meeting, he had appointed 
Ambassador Usha Dwarka -Canabady of Mauritius as Facilitator for the E-Commerce Work 
Programme and Moratorium . 
2.111.   Ambassador Usha Dwarka -Canabady (Mauritius), Facilitator for the E-Commerce Work 
Programme and Moratorium , delivered the following statement14: 
2.112.   I welcome this opportunity to report on the work conducted since my appointment as 
facilitator and to share some thoughts on the work ahead.  Let me first rec all that Ministers at MC12 
instructed us to reinvigorate work under the Work Programme and intensify discussions on the 
moratorium. Based on this decision and on the suggestions made by delegations at the General 
Council meeting in October, a first Dedicat ed Discussion was convened on 18 November. My remarks 
at that meeting and those of the Chair of the General Council were circulated in JOB/GC/324. The 
objective of that Dedicated Discussion was to identify and start discussions on cross -cutting issues 
under the Work Programme. At the meeting, delegations also considered a submission from a group 
of Members titled "Ideas to reinvigorate the Work Programme on Electronic Commerce" 
(WT/GC/W/855). I noted positive engagement from all Members. Delegations reitera ted their 
commitment to engage in meaningful discussions and shared suggestions on topics of interest. What 
I heard is that delegations want to address the development dimension as a priority. In that respect, 
a variety of issues were raised. These can be grouped into some broad categories, namely:  
(a) bridging the digital divide;  (b) legal and regulatory frameworks;  (c) consumer protection;  
(d) issues related to digital trade facilitation and facilitation of electronic transactions;  (e) economic 
empowermen t and inclusion of the underrepresented and marginalized group, and  geographically 
remote countries;  (f) cooperation with other IGOs and relevant stakeholders; and, (g)  other issues 
 
13 Some of the statements refer to both item 2 (a)(ii) and item 7.  
14 The Facilitator's statement was subsequently circulated in document JOB/GC/3 30. WT/GC/M/202  
 
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  mentioned included special and differential treatment and policy space, sh aring  of experiences 
and best practices, and data -related issues.  
2.113.   This is a non -exhaustive list, but I believe it covers the broad range of comments made by 
Members at the 18 November meeting. On the moratorium, delegations indicated their readiness to 
discuss its scope, definition and impact, as per the MC12 Decision. Some delegations indicated their 
intention to submit proposals; and indeed, we have already received two submissions: India's 
submission on consumer protection in e -commerce (WT/GC/W/857), which is on the agenda of this 
meeting, and Indonesia's submission on customs duties on electronic transmissions 
(WT/GC/W/859). I heard several issues of interest at the 18 November meeting as mentioned earlier 
but, these were broad, and more specificity w as required especially under the development 
dimension.  
2.114.   Building upon the 18 November discussions, small group consultations were convened this 
month to hear Members' priorities, specifically on the development -related issues, with a view to 
develop a the matic calendar of meetings for next year. Four consultation sessions were held: two 
sessions on 7 December, and two others on 9 and 14 December which I added to accommodate 
those delegations that could not attend due to conflicting meeting schedules. All d elegations were 
invited to indicate their willingness to participate in these consultations. Around 35 delegations 
participated, including group coordinators, representing a broad spectrum of views. Delegations 
confirmed their interest in discussing some o f the themes that had emerged in the Dedicated 
Discussion, and some offered more details on what they sought to discuss. In particular, I heard a 
clear interest in addressing the digital divide. However, delegations noted that this is a broad issue, 
and th at more specificity was needed, especially on what elements the WTO can address within its 
core competences. Delegations also mentioned the importance of addressing the legal and 
regulatory framework, especially looking at best practices and Members' regul atory experiences to 
create an enabling environment for e -commerce. Several delegations further noted that this could 
be considered under the broad umbrella of the digital divide. Many delegations identified consumer 
protection as a good starting point for  our discussions; and, as I mentioned, we now have a 
submission in that regard. Other issues that I heard include digital inclusiveness, facilitating 
electronic payments and digital transactions, measuring the digital economy, digital industrialization, 
digital trade facilitation, building digital skills, and data -related issues. Several also expressed 
interest in discussing issues of access to e -commerce -related technology and indicated that the work 
of the Working Group on Trade and Transfer of Technology  would be relevant to our discussions. 
Delegations also highlighted the importance of cooperation with relevant stakeholders and stressed 
the importance of the WTO's convening power. In that regard, they noted the need to better 
cooperate with other intern ational organizations – such as ITC and UNCTAD. Such cooperation could 
assist Members in identifying gaps and opportunities, as well as providing relevant data and 
information, including on available technical assistance and capacity building. In this rega rd, the role 
of the WTO's ITTC was also noted. Some delegations also mentioned the importance of engaging 
the private sector, especially MSMEs, and academia. On process, I heard a lot of emphasis on the 
sharing of experiences and best practices, both at na tional and regional level, and several 
delegations have already expressed readiness to contribute to this exercise. Delegations also made 
suggestions on what the WTO Secretariat could do to facilitate Members' discussions. They pointed 
to existing document s and resources and suggested that the Secretariat compile and update relevant 
documents.  
2.115.   With regard to the moratorium, delegations reiterated the need to discuss its scope, 
definition and impact, as per the MC12 Decision. There was also some interest in sharing experience 
on the imposition of internal, non -discriminatory taxes on electronic transmissions. In terms of 
timing, it was noted that the moratorium discussion should not be pushed too far down the line so 
as to allow for substantive engagement.  
2.116.   Reference was also made to the work of other regular bodies. In this regard, I have engaged 
with the Chairs of the bodies that are also tasked with implementing the Work Programme, in an 
effort to better coordinate the work on e -commerce and we will continu e working together.  
2.117.   Based on what I heard in these four consultation sessions, my conclusion is that Members 
are ready to intensify the discussions both under the Work Programme and on the moratorium. 
Members are also willing to start with issues related to the development dimension, and in particular 
examining how to bridge the digital divide. In the invitation notice to my recent consultations, I had 
indicated that, based on Members' proposals, I would suggest a thematic calendar of meetings. I WT/GC/M/202  
 
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  heard no objections to establishing such a calendar. Indeed, many delegations welcomed the idea 
of setting out a workplan to better structure our engagement. I have therefore identified some 
tentative dates for the first semester of next year:  (a) Thursday, 26 Janu ary; (b)  Tuesday,  21 
February;  (c) Wednesday, 22 March; and,  (d) Thursday, 20 April.  
2.118.   With regard to specific issues for discussion, based on what I heard in my consultations, I 
believe that for the first part of next year we could hold thematic sessions o n consumer protection, 
digital divide, legal and regulatory framework, as well as on the moratorium. I will reflect further on 
how to best structure these thematic sessions.  
2.119.   This would not be a closed list of issues and we would have to add and adjust as we progress. 
However, I thought it might be useful to already identify themes of common interest to a large 
number of Members. These are my suggestions, based on what I heard at the consultations. As I 
said at the Dedicated Discussion last month, this is a  Member -driven process, so Members determine 
the agenda and Members determine the pace of the discussions. My role is to facilitate the 
conversation. How we move forward will depend very much on the suggestions and priorities that 
are made. I hope we can t ake this opportunity to establish a positive agenda for the Work 
Programme – one that is centred on what the WTO can do to unlock the e -commerce potential for 
all of its Members. I count on the engagement of all Members. This concludes my report.  
2.120.   The repre sentative of Djibouti , on behalf of the LDC Group , delivered the following 
statement:   
2.121.   On the e -commerce work programme, the LDC  Group thanks the Facilitator for her report 
on her consultations. These consultations are important to implement the Ministers' instructions 
contained in decision adopted at MC12. In our consultations with the Facilitator, we supported her 
plans to set up  thematic sessions focusing on the development dimension. We requested that the 
issues raised in the LDC Group's submission WT/GC/W/787 of December 2019 be taken into account 
as the plans go forward to set themes for the schedule of thematic sessions plann ed by the 
Facilitator. We also supported the inclusion of a date for the Secretariat to prepare an information 
note on the development dimension through regular bodies since the establishment of the 
programme of work in 1998. The scheduling of information -gathering seminars will also be useful. 
These seminars could include LDC -specific information from UNCTAD's e -readiness assessments and 
the work of other organizations such as the ITU and the EIF for example. The LDC Group believes 
that the work programme should be transparent about information on the question of customs duties 
and about internal digital tax mechanisms used by WTO Members.   
2.122.   The representative of Kenya , on behalf of the ACP Group , delivered the following statement:  
2.123.   On e-commerce, w e thank th e Facilitator.  The consultations by the Facilitator have been 
helpful as they have allowed Members to express their interests in reinvigorating the work 
programme, particularly on the development dimension, as mandated by Ministers at MC12. We 
have partici pated in the consultations as a Group and have indicated that it is important that in 
devising a thematic schedule of meetings, developing countries and LDCs should be the key 
architects in defining what should be the understanding of the development dimen sion. We should 
focus at this stage on other issues that are important in building our understanding of the role that 
WTO would play, consistent with the September 1998 Work Programme, and include the challenges 
that developing countries currently face, su ch as consumer protection, data protection, payment 
systems, the role of internal digital taxes, and the digital divide questions.  
2.124.   The representative of Cameroon , on behalf of the African Group , delivered the following 
statement:  
2.125.   Regarding the Work Program me on Electronic Commerce, it is important to note that our 
Group has provided its comments in this respect. It is fundamental that these discussions lead to a 
shared commitment to the inclusive development of e commerce so that developing countries can 
obtain the resources needed to acquire the infrastructure that is vital for their economic fabric in 
this sector. To achieve this, we need to move beyond dogmatic posturing, seize what is real and 
positively transform this highly concentrated sector to creat e shared wealth. This is the essence of 
our call, which is shared by many Members; together we are willing to work with the entire 
membership.  WT/GC/M/202  
 
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  2.126.   The representative of Fiji, on behalf of the Pacific Group , delivered the following statement:   
2.127.   On the Work Progr amme on E -commerce, the Pacific Group thanks the Facilitator for her 
report of her consultations on this topic. This enabled Members to exchange views on issues of 
interest to Members. The Pacific Group envisages that this work should assist developing cou ntries 
address the digital divide they face such as internet access and prices; to better understand issues 
relating to data and consumer protection; and to how to collect data relating to online trading. 
Perhaps this work could also take into consideratio n the national and regional efforts to bridge the 
divide. The Pacific Group is already taking steps through national and regional e -Trade readiness 
assessments to identify gaps and challenges. Our position remains unchanged on the moratorium of 
customs dut ies on e -transmissions – a better understanding of the costs and benefits of the 
moratorium for developing countries is needed. This should cover both the impact of the moratorium 
on revenue and the development of digital industries.  
2.128.   The representative of the United States  delivered the following statement :  
2.129.   My intervention will address agenda items 2 and 7 at  the same time. First, thanks to 
Ambassador Dwarka -Canabady for helping get the E -Commerce Work Program me off the ground. 
We of course supported  the extension of the moratorium which we believe has brought substantial 
benefits to developing countries as they expand their presence in the digital economy. We  also 
support a reinvigorated work program me and have actively worked with developing country 
Members to help identify potential areas of broad interest to pursue. The United States appreciates 
the efforts of the facilitator and India in leading us to a topic that enjoys broad support and will allow 
us to sta rt work in early 2023. We are currently considering the guiding questions in the 
communication and look forward to providing our contribution.  
2.130.   The representative of Indonesia  delivered the following statement:  
2.131.   On the issue of the Work Programme on Electron ic Commerce, Indonesia appreciates the 
role of the Facilitator in holding small group consultations. Indonesia supports the organization of 
special discussions on a regular basis. We believe this will advance the Work Programme on E -
Commerce, as mandated b y the Ministers at the MC12. To contribute to the process, and which have 
been mentioned by Ambassador Dwarka -Canabady in her report, Indonesia would like to introduce 
our paper, which we will explain further under  agenda item  7. 
2.132.   The representative of the European Union  delivered the following statement : 
2.133.   This statement addresses item 7 of our agenda as well ("Rejuvenation of work programme 
on e-commerce and moratorium on imposing customs duties on electronic transmissions"; 
"Commun ication by India on consumer protection in e -commerce"). The European Union welcomes 
the interest among Members to implement the MC12 Decision on e -commerce and in particular 
intensifying engagement on the development/digital trade related issues, which wa s evident from 
the Members' engagement at the first dedicated General Council meeting on 18 November. This first 
meeting allowed us to hear from each other how we want to proceed in our dedicated sessions, what 
our priorities are – especially those of deve loping and least developed countries – and how these 
sessions could be efficiently focused and structured. We took careful note of the numerous 
suggestions for possible topics for future work presented by the Members at that meeting. In our 
view, our refle ction on potential priority topics should not delay progress in our substantive 
discussions. Instead, it would be important that we move to substantive discussions as soon as 
possible on one of the specific topics (or a cluster of related issues) put forwa rd by Members, for 
example those relating to consumer protection. In this regard, we thank India for their 
communication (WT/GC/W/857) on consumer protection in e -commerce. This is one such valuable 
input that we trust will contribute to a constructive and  useful dedicated discussion within the Work 
Programme. Our suggestion would be to select one of the topics – possibly consumer protection – 
for our next dedicated discussion for early 2023. In parallel, we can continue reflecting what specific 
discussions  could come next and when. Let me use this opportunity to thank Ambassador Dwarka -
Canabady for her efforts in facilitating our Work Programme discussions. We look forward to further 
engagement based on facts and getting into specific discussions as soon as  possible to identify a 
way forward on both the Work Programme and the multilateral e -commerce moratorium well ahead 
of MC13.  WT/GC/M/202  
 
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  2.134.   The representative of Nigeria  delivered the following statement:   
2.135.   Nigeria also wishes to thank the Facilitator of the discussions on the Work Programme on 
Electronic Commerce for her statement. We commend her efforts in advancing the discussions 
especially for organizing small group consultations that centred  on the deve lopment -related issues 
under the Work Programme. We are hopeful that through the ongoing discussions, Members would 
be able to explore ways of addressing the difficulties undermining the gains of developing countries 
from global digital trade. As with most  Members, we are of the view that discussions on development 
dimension should be structured around carefully selected themes. The themes could include digital 
divide where issues such as technology transfer could be discussed. It could also include digital 
industrialization under which Members can share experience on their respective e -commerce policies 
such as data flows and data localization, digital trade facilitation, privacy , and other issues. Given 
that the moratorium provide s opportunities for our MS MEs to access intermediate products and other 
inputs at cheaper price thereby improving their competitiveness and growth, as well as unlocking 
their productive capacities, we are of the view that the moratorium is an integral part of developing 
countries d igital industrializatio n policies. We could therefore under this theme undertake discussions 
on renewal of the moratorium. The themes should also include technical assistance and capacity 
building  that would foster discussions on effective way s of ensuring  the provision of technical and 
financial assistance to developing countries . Regarding the moratorium, we are mindful of the 
negative effects of an unpredictable global e -commerce environment for businesses and consumers 
that is likely to occur from the n on-renewal of the moratorium anytime it lapses. It  is for this reason 
that Nigeria will continue to support the extension of the moratorium. We understand Members have 
divergent views on the impact of the moratorium. However, in our view, the benefits outw eigh the 
cost. While we support the call for a study on the impact of the moratorium, such studies should not 
be limited to static effect analysis. It should entail a general equilibrium analysis. Also, the 
appropriate tariff data for such analysis should be the effective applied tariff, that is applied tariff 
that takes into account preferential tariffs and not the bound tariffs used in some of the earlier 
studies with misleading conclusions. In conclusion , I wish to assure you of Nigeria 's continued 
suppo rt on this issue.  
2.136.   The representative of Bangladesh  delivered the following statement : 
2.137.   Bangladesh aligns with the statement delivered by Djibouti on behalf of the LDC Group. Our 
delegation thanks H.E . Ambassador Dwarka -Canabady , the Facilitator for the E -Commerce Work 
Programme for her detailed report.  We welcome the proposal to set up thematic sessions focusing 
on the development dimension in e -Commerce work programme. We also support the idea that the 
Secretariat can prepare an information note on the dev elopment dimension through regular bodies 
since the establishment of the work programme in 1998. In this regard, our delegation requests 
Members ' kind attention to the submission (JOB/GC/152) circulated in 2017 by Bangladesh that 
highlighted several import ant elements including the consumer protection, SMEs, and fair 
competition in e -commerce. Bangladesh looks forward to working with Members on this important 
issue. Thank you.  
2.138.   The representative of China  delivered the following statement:   
2.139.   On E-commerce and the m oratorium, debates have been there for years. Constructive 
dialogues are needed based on national experiences and best practices. In this regard, China 
appreciates Ambassador Dwarka -Canabady's hard work and is ready to fully engage. We hope the 
discussion on the moratorium will be targeted and lead to a meaningful outcome to ensure that WTO 
could continue to play its role in this dynamic world.  
2.140.   The representative of Norway  delivered the following statement:   
2.141.   Thank you also Ambassador Dwarka -Canabady for facilitating our dialogue and our 
exchanges on the work programme, on electronic commerce and on the moratorium. We appreciate  
that you encourage an open and inclusive dialogue. We welcome  the reinvigoration of  the work 
programme and in tensifying discussions on the moratorium. Norway's  prioritized  topics for the 
discussions are presented in communication  WT/GC/W/855/Rev.1 that we are co -sponsoring. We 
are ready to engage on other horizontal  issues affecting trade that are of particular i nterest to 
developing members. Most important for us is to get started.  We look forward to engaging in line  
with your risk report and proposed schedule until the end of next year. We stand ready to provide WT/GC/M/202  
 
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  input to the discussions, drawing on our experienc e in digital trade and development, in addition  to 
implementing internal non -discriminatory WTO-consistent  taxes on electronic transmissions.  
2.142.   The representative of India delivered the following statement:   
2.143.   India would also like to thank the Facilitator , Ambassador Dwarka -Canabady , for her report. 
We welcome the resumption of the continuous discussions on the work program me on e-commerce 
through the dedicated  session of the General Council after long years of waiting. In the  18 November 
meeting called by t he Facilitator, we laid out our priorities for the topics that we believe the work 
program me should cover, while remaining focused on the development dimension. My delegation 
also participated in the small group consultations held by Ambassador Dwarka -Canabady in 
December. We welcome the idea of publishing a periodic forward -looking calendar for the work 
program me discussions and we look forward to engaging in these dedicated sessions . With respect 
to our submissions under item  7, I would come back on that again under that item .  
2.144.   The representative of Japan  delivered the following statement : 
2.145.   First, I would like to appreciate  the General Council Chair 's and Ambassador Dwarka -
Canabady's efforts to convene dedicated session process and small group consultation.  Japan 
welcomes the achievement of extension of the moratorium on customs duties, with the 
reinvigoration of Work Programme  on Electronic Commerce at MC12. We consider the Work 
Programme serves as a solid foundation for our longstanding practice of the cus toms duties 
moratorium, which, we believe, will be made permanent eventually. We recognize that some 
members are concerned about the fiscal implications of the moratorium. However, we believe it is 
important to focus on the broader benefits the moratorium brings about the Members, such as 
increase of domestic consumption, opportunities for domestic firms including MSMEs and economic 
growth. In the previous dedicated session, a variety of Members referred to possible topics regarding 
developing dimension of the Work Programme to be discussed in the process. We also acknowledge 
that digital divide is a matter of concern by developing Members and LDC Members, and "digital 
connectivity and inclusion " is an important topic. Under the framework of the dedicated sessions, it 
would be useful for Members to share the experiences or knowledge about how domestic policies or 
international commitments, including Annex on Telecommunications and Telecommunicatio ns 
Reference Paper, have contributed to the development of telecommunications infrastructure. Japan 
is generally flexible for discussing topics related to developing dimension of the Work Programme 
and will constructively engage in the dedicated session.  
2.146.   The representative of Switzerland  delivered the following statement:   
2.147.   Our statement also covers agenda item 7. Switzerland welcomes the decision taken at the 
Twelfth Ministerial Conference on the Work Programme on Electronic Commerce and the extension 
of the moratorium. Members have thus ensured that the WTO remains a relevant forum for trade 
governance in the 21st century. We also welcome the launch of dedicated sessions and the fact that 
you have appointed a facilitator to lead these sessions. The Facilitator can count on Switzerland's 
support in their efforts, and we hope to be able to quickly move on to discussions on substance. In 
this regard, Switzerland welcomes the substantial contributions made, in particular, India's 
contribution concerning consume r protection. We believe it is more appropriate and effective to 
discuss material issues within the framework of dedicated sessions. The same applies to the topics 
that Switzerland itself has proposed as a co -sponsor of communication WT/GC/W/855/Rev.1.  
2.148.   The representative of Nepal  delivered the following statement : 
2.149.   I associate with the statement delivered by Djibouti on behalf of LDCs. The COVID -19 
context has highlighted the importance of going digital. LDCs and LLDCs are yet to fully participate 
in and ben efit from e -commerce. This is mainly due to the huge digital divide, especially in 
availability, accessibility, affordability and application. Data security and protection of consumer 
rights are also important. To address the digital divide that LDCs and L LDCs are facing, reinvigoration 
of ecommerce work programme is crucial. Thank you.  
2.150.   The representative of Viet Nam  delivered the following statement : WT/GC/M/202  
 
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  2.151.   Concerning the work programme on electronic commerce, Viet Nam welcomes the robust 
discussion after MC12. We appreciate written submissions by many Members for enriching our 
understanding of the issues at hand, and for our consideration of the priorities  to be taken to 
reinvigorate the work under the work programme  on electronic commerce as mandated at the  MC12. 
We take note of the fact that a number of cross -cutting topics  in e-commerce  have been identified  
through these submissions such as MSMEs, consumer protection, digital connectivity and inclusion. 
In our view , they deserve dedicated sessions of the Gener al Council, therefore we are supportive of 
the idea to have increased frequency of dedicated sessions of the General Council  for Members to  
share experience, g ive comments  and suggestions on these topics.  
2.152.   The representative of Ecuador  delivered the following statement:   
2.153.   Ecuador extends a warm welcome and thanks the Facilitator for everything  she has done 
already in the dedicated session. I will also be referring to item 7. Ecuador sees the work programme 
on ecommerce adopted at the Min isterial Conference  as a priority amongst topics on the WTO 
agenda. T herefore , it should also be seen as part of the achievement of the Sustainable Development 
Goals . There is also a strong link between e -commerce and the empowerment of women, the 
integrat ion of MSMEs, inclusive and sustainable economic growth which has been specifically 
mentioned in the MC12  Outcome Document . For the same reasons , we see that there are other 
organisations  working on the same topic , such as UNCTAD and the ITC. We also see i n a positive 
light the proposals that have been circulated  and the inclusive and active debate around topics such 
as digital infrastructure , access to digital tools, basic tools for the integration  of small economies 
into digital trade, and also the role o f consumer protection and digital aspects of the economy on 
the moratorium. Ecuador reiterates its support for the extension of this for reasons that we have set 
out before, particularly  the positive  effect that we see in our country and our developing cou ntries 
for MSME s, as well as the general promotion of trade.  
2.154.   The representative of Chinese Taipei  delivered the following statement : 
2.155.   We would like to thank Ambassador Dwarka -Canabady  for facilitating the dedicated session 
and consultations under the Work Programme on E -commerce. We support the meetings planned 
by the Facilitator to focus on the challenges, opportunities, impacts and benefits for developing and 
least-developed country Members. We also support inviting stakeholders to share their views. The 
idea of having stakeholders involved in the discussion is in line with the views expressed by many 
Members at various informal discussions. We co -sponsored the document to share ideas  to 
reinvigorate the Work Programme on Electronic Commerce (WT/GC/W/855/Rev.1) and believe that 
the development -dimension issues suggested in the document for discussion are of high value.  
2.156.   The representative of the Russian Federation  delivered the following statement:  
2.157.   The Russian Federation welcomes the report of the Facilitator - Ambassador Dwarka -
Canabady. We support the proposed format of the future work. In our view to fulfil the task set by 
the Ministers at the MC12, it is very i mportant to have a clear and consistent action plan. It is equally 
imperative to ensure that future discussions will be inclusive and transparent. My delegation is 
interested in a multilateral dialogue on various topics related to electronic commerce and 
development.  We are in favour of any kind of discussions on traditional issues like digitalization of 
customs procedures and the development of paperless trade. At the same time, in our opinion, 
during future discussions members should not forget about the interests of the consumer and end -
user. In this sense, considerations at special sessions can also include different aspects of the 
personal security of participants in electronic commerce (such as protection of consumer rights and 
personal data, safe data  transfer, etc.). In this regard my delegation thanks the delegation of India 
for its contribution to the future discussions made in communication WT/GC/W/857. Even when 
previewing the document, we are pleased to note the similarity of a number of thoughts  and 
approaches. Russia has constantly advocated for the consideration of this topic when discussing 
electronic commerce. In 2018 Russia made the communication JOB/GC/190 on this issue as well. 
So, we look forward to a fruitful discussion in the dedicated session next year. As for the moratorium, 
the Russian Federation considers that it is crucial to support all efforts focused on reaching a 
compromise. In this work, we welcome any kind of exchange of views. Learning from Members' 
experience is a good way o f reaching a common understanding of such a complicated issue as duty 
for electronic transmissions. In this regard I want to thank the delegation of Indonesia for its 
comprehensive communication including its interesting analysis and conclusions. Finally, I want to WT/GC/M/202  
 
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  emphasize that the Russian delegation has always attached great importance to the issues of 
electronic commerce and is ready to actively participate in all future discussions.  
2.158.   The representative of the United Kingdom  delivered the following stat ement:   
2.159.   Let me speak about both items 2 and 7. First , let me thank our distinguished colleague from 
Mauritius both for her eloquent report and her skilful handling of her role as Facilitator on this and 
particularly the way she handled that first dedicated  meeting last month and the subsequent 
consultations on this issue and we support the way forward that she has set out today. We are of 
course a co -sponsor of one communication on this issue and we note the other communications that 
have been submitted by India and Indonesia. We welcome further contributions, particularly from 
developing countr y Members and LDCs because I think we very much share the hope and the 
aspiration that our work on this enables more countries and more companies in the developing 
world, to benefit from the potential of the digital economy. It is very clear that renewing the 
moratorium at MC13 is a priority for us, but we also believe it is a priority for global businesses and 
global consumers. And I think it is really important that if we are to live by the words of one of the 
Forbes 100 most influential women's comments  - that future of trade should be 'green, inclusive, 
digital and services', that what we do in this organisation enables that process and does not  frustrate 
it. 
2.160.   The re presentative of New Zealand  delivered the following statement : 
2.161.   We also join those Members who have condemned Russia 's unprovoked war of aggression 
against Ukraine, which has implications for global peace, security, and economic stability and 
undermines the  work of the WTO and the multilateral cooperation underpinning it. Turning to 
substance. I  would like to think Ambassador Dwarka -Canabady for her report and work so far to 
reinvigorate the work programme.  We particularly commend efforts to outline clear da tes and topics 
for our work in the first part of next year. This will help to increase the quality of engagement. New 
Zealand looks forward to contributing to that effort.  
2.162.   The representative of Brazil  delivered the following statement : 
2.163.   This brief statement addresses both agenda items 2 and 7. Brazil reiterates its commitment 
to contribute towards the implementation of the MC12 mandate to reinvigorate the Work Programme 
on E-Commerce in line with its development dimension. In this context , we would like to thank 
Ambassador Dwarka -Canabady of Mauritius for her work as the Facilitator of the dedicated discussion 
on e-commerce and for holding consultations with Members on priorities on development -related 
issues under the Work Programme on E -Commerce. Brazil would like also to thank proponents of 
communications WT/GC/W/855/Rev.1 and WT/GC/W/857, which we are still assessing internally. 
Our preliminary view is that we could work on the basis of these communications to share our 
experiences and exchange views in areas of interest to Brazil under the Work Programme on 
E-Commerce.  
2.164.   The representative of Peru delivered the following statement:   
2.165.   I express  our thanks and support to Ambassador Dwarka -Canabady for her role as Facilitator 
of this importan t topic,  as well as for her very detailed report. Peru has joined the other 
17 co-sponsors of WT/GC/W/855 /Rev.1,  which set out ideas for revitalising the work programme on 
electronic commerce. It aims to bring a non -exhaustive and flexible list of issues o r topics to be 
discussed in line with the MC12 mandate, and that we were very happy to present in November at 
the respective meeting. We also welcome the submission by India  on consumer protection, which 
we will gladly review. We are aware that there are o ther varying concerns held by neighbours and 
we remain flexible to include them in the work programme that has been described today by the 
Facilitator. We support that we do need flexibility because it is the only way we can take up all of 
our concerns and  thereby find consensus -based decisions. We also see that we are on the right path 
and that we have taken a major step. Members are bringing their ideas and showing a positive 
attitude. We hope that this spirit will spill over into 2023. In closing, we onc e again reiterate our 
support for the Facilitator. We are certain  that with her leadership we will have meetings that respect 
the principles of this Organization .  
2.166.   The representative of  the Republic of Korea  delivered the following statement:  WT/GC/M/202  
 
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  2.167.   Korea welcome s the appointment of Ambassador Dwarka -Canabady as Facilitator.  Korea, as 
a co-sponsor of communication WT/GC/W/855, stresses the importance of sharing experiences and 
best practices to support trade facilitation and enhance the digital capability to addre ss the 
development dimension.  Given the multifaceted nature of the issue, Korea believes it is important 
to reflect the views of various stakeholders including experts, businesses and consumers in the 
discussions. In addition, Korea, as a strong supporter of the permanent extension of the moratorium 
on imposing customs duties on electronic transmissions, reiterates the importance of holding 
dedicated discussions on the moratorium in line with the discussion on the Work Programme. Timely 
discussion would be necessary to make significant progress on this important issue before MC13.  
2.168.   The representative of Australia  delivered the following statement:   
2.169.   We will intervene once on e -commerce issues and will not intervene again under item 7. 
Australia welcomes the intensification of discussions under the Work Programme on Electronic 
Commerce, and we thank Ambassador Canabady for her work on this front. Austr alia looks forward 
to engaging in constructive evidence -based discussions on the opportunities and challenges of 
e-commerce, particularly for developing countries. Australia believes e -commerce is a powerful tool 
for development.  By lowering transaction co sts and barriers to trade, e -commerce is enhancing the 
economic empowerment of groups that have historically faced disadvantages in accessing foreign 
markets.  We recognise it also presents unique challenges, including those relating to building 
consumer tr ust. As India has highlighted in its paper, ensuring consumer protection online is key to 
building this trust. We recognize that developing and least developed countries face additional 
barriers to participation in the global digital economy. We therefore welcome the Facilitator's recent 
consultations on the development -related issues under the Work Programme. Australia and other 
co-sponsors have put forward our views on promising areas of focus under the WT/GC/W/855 
document. Next year's dedicated, focused  discussions will offer an opportunity to share best 
practices on and improve Members' understanding of relevant trade -related aspects of e -commerce.  
2.170.   The representative of Cambodia  delivered the following statement:  
2.171.   My delegation associates itself with the  statement made by Djibouti, on behalf of the LDC 
Group. We would like to thank Ambassador Dwarka -Canabady for the report and facilitating the 
discussion on e -commerce work programme. We also welcome the work plan she has proposed to 
take up the discussion s forward. We note the topics identified by Members in the consultations which 
are all important especially in bridging the digital divide in order for developing countries, especially 
the LDCs, to benefit from e -commerce.  Integrat ing MSMEs into digital tr ade is also very important 
and we can help them by trying to find ways to reduce cost of access to e -commerce products and 
technologies and increase their visibility on the global market.  We look forward to taking part and 
contribute to the discussions on all topics.   
2.172.   The representative of Vanuatu , on behalf of the Pacific Group , delivered the following 
statement:  
2.173.   The Pacific Group thanks the Facilitator for her report  of her consultations on this topic. This 
enabled Members to exchange views on issues of i nterest to Members. The Pacific Group envisages 
that this work should assist developing countries address the digital divide they face such as internet 
access and prices; to better understand issues relating to data and consumer protection; and to how 
to collect data relating to online trading. Perhaps this work could also take into consideration the 
national and regional efforts to bridge the divide. The Pacific Group is already taking steps through 
national and regional e -Trade readiness assessments to id entify gaps and challenges. Our position 
remains unchanged on the moratorium of customs duties on e -transmissions – a better 
understanding of the costs and benefits of the moratorium for developing countries is needed. This 
should cover both the impact of the moratorium on revenue and the development of digital 
industries.  
2.174.   The representative of Antigua and Barbuda , on behalf of the OECS , delivered the following 
statement:  
2.175.   We applaud the efforts of Ambassador Dwarka -Canabady of Mauritius who we consider to 
be ideal for this role. We call for the intensification of work on the Work Programme in the year 
ahead. We are interested in addressing the digital divide as a cross -cutting theme, along with issues WT/GC/M/202  
 
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  such as legal and regula tory frameworks. We see value in using the convening power of the WTO to 
bring other international organisations and the private sector where there is unique expertise, to 
enhance our discussions. On the moratorium, we also see value in an independent/obje ctive 
assessment of its scope and impact and invite Members to be open to this possibility to move the 
discussions forward. Finally, we align with the statement by the ACP and CARICOM.  
2.176.   The representative of Pakistan  delivered  the following statement :  
2.177.   We thank Ambassador Dwarka -Canabady for her work and report on this. We welcome this 
development and look forward to discussions on this after the break. We understand the issues 
highlighted are only initial and would evolve as we learn from countries more dev eloped in this area 
as well as the international organisations that will be a welcome involvement on this, like other areas 
of our work.  
2.178.   The representative of Tunisia  delivered the following statement:  
2.179.   Despite the sense of collective commitment found in t he discussions launched last 
November, the fact that we are still at the stage of identifying the cross -cutting issues to be 
addressed in the revitalization of the work programme on electronic commerce after 24 years of 
mandate is having a limiting effect on ambitions. This is because, when comparing the often -rapid 
results achieved in other forums working on improving digital ecosystems, such as the UNCTAD 
"eTrade for all" initiative or eTrade Readiness Assessment exercises, the question naturally arises 
as to whether our working methods in the WTO would be in tune with what is happening elsewhere 
in this constantly changing economic field. However, we remain optimistic about the collective 
commitment to the inclusive development of electronic commerce, bas ed on an approach to 
identifying the gaps in capacities and resources of some Members and bridging them through various 
forms of technical and other support.  
2.180.   The representative of Malaysia  delivered the following statement:  
2.181.   On the work programme of e -comm erce, as there are different opportunities  in addressing 
the development aspect of e -commerce, we would suggest more policy dialogue aimed at deepening 
Members' understanding o f issues and to share best practices on policy approaches.  
2.182.   The General Council took note  of the report by the Facilitator and of the statements.  
(iii) Paragraph 8 of the Ministerial Decision on the TRIPS Agreement – Report by the TRIPS 
Council  
2.183.   Ambassador Lansana Gberie  (Sierra Leone) , Chair of the TRIPS Council , delivered the 
following statement:   
2.184.   Since the adoption of the Ministerial Decision on the TRIPS  Agreement on 17 June 2022, 
Members have held discussions on its extension to therapeutics and diagnostics in formal and 
informal meetings of the TRIPS Council on 6 July, 19 September, 3 and 12 -13 October, 2 and 22 
November, and 6 and 15 December 2022. In these extensive discussions, Delegations engaged 
actively, including through new submissions, and their detailed substantive exchanges helped clarify 
various as pects and nuances of positions. While delegations remain committed to the common goal 
of providing timely and secure access to high quality, safe, efficacious and affordable medical 
technologies for all, disagreement persists on whether an extension of the  Decision to cover the 
production and supply of COVID -19 diagnostics and therapeutics is necessary. On 6 December 2022, 
a group of 65 Members tabled a proposal for the General Council to extend the Decision mutatis 
mutandis  to COVID -19 therapeutics and dia gnostics, which a number of other Members also 
supported. Other Members preferred to continue fact - and evidence -based discussions on whether 
there are IP - and TRIPS -related barriers to accessing COVID -19 therapeutics and diagnostics. In 
light of these per sisting differences, intensive discussions were necessary in various formats last 
week to permit Members to agree on any Report on this matter. The text that the TRIPS Council 
finally adopted on Friday evening – and which has been circulated in document IP /C/95 – thus 
represents the bare minimum of common ground that could be identified among Members. The 
agreed report recommends to the General Council to extend the deadline specified in paragraph 8 
of the Ministerial Decision.  That is the recommendation, C hair. This completes the formal part of my WT/GC/M/202  
 
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  report under the agenda item. Before I conclude, kindly permit me to thank all Members for their 
constructive and  spirited  approach to the discussion leading to this report.  
2.185.   The Chair thanked the  TRIPS Council  Chair for his report which, as he noted, contained  a 
recommendation addressed to the General Council and asked whether Members, or whether the 
General Council, could agree to the recommendation by the TRIPS Council as presented by the TRIPS 
Council Chair. He  noted that he was aware that delegations wished to take the floor under this item , 
but he proposed to deal with this item in two steps, namely, first with the recommendation and to 
then subsequently  have a debate.  
2.186.   The representative of South Africa  delive red the following statement : 
2.187.   The co -sponsors of IP/C/W 669 Rev.1 are disappointed that the WTO m embership is yet to 
decide on the extension of the MC12 Decision on the TRIPS Agreement to cover therapeutics and 
diagnostics. The extension of the MC12 Decision is a credibility issue for the WTO. A solution on 
vaccines alone is not sufficient. COVID -19 is not over and all of us remain vulnerable, more so people 
in countries that have low vaccination rates as they are vulnerable to variants. You will reca ll that 
the position of the co -sponsors has always been a comprehensive solution that covers vaccines, 
therapeutics and diagnostics. We are extremely disappointed that we could not meet the Ministers ' 
deadline,  and this is not due to lack of trying by the co-sponsors. The co -sponsors engaged in good 
faith in all discussions and provided ample evidence on the IP -related challenges on therapeutics 
and diagnostics and these were also highlighted by the WHO in their input to the TRIPS Council. In 
addition, the Act-A Facilitation Council Working Group Report on Diagnostics and Therapeutics of 
September 2022 has confirmed the concentration of manufacturing which contributes to inequitable 
roll-out of COVID -19 diagnostics and therapeutics which threatens to undo pu blic health gains 
achieved throughout the pandemic. The position to expand the product coverage to therapeutics 
and diagnostics is informed by the need to ensure access to all effective therapeutics at a reasonable 
price. A decision on vaccines only was ag reed on the understanding that Members are committed to 
take a decision no later than six -months as entailed in paragraph 8 of the MC12 decision. It is 
disappointing that we have been engaged in circular discussions and the WTO is yet to take a decision 
on this regard. The extension must be short and cannot be more than what Ministers agreed to in 
the first instance. We therefore support an extension until the next meeting of the General Council  
or at the most 3 months.   
2.188.   Millions of people are grappling wit h symptoms that linger for weeks to several months after 
they had been diagnosed with an infection. Various treatment options are required based on many 
factors and must be adapted to various contexts. The WTO must make a meaningful contribution to 
address  concentration of production and deliver a solution that contributes to Members test to treat 
strategies which are recognised as critical to a comprehensive response. The MC12 decision on the 
TRIPS Agreement is already narrow and is a far cry from the orig inal TRIPS Waiver and poses no 
risk to the IP eco -system but is a necessary flexibility to foster diversification of production. The 
failure of the WTO to meet the first and most important deadline on public health says a lot about 
the ability to deliver o n developmental issues that are in the interest of humanity and developing 
countries. As over 100 CSO said in an open -letter to the Director -General , COVID -19 vaccines, 
therapeutics and diagnostics are vital for controlling the pandemic and preventing hosp italizations, 
loss of life, long -term health consequences, and economic disruptions. However, access to these 
life-saving medical technologies remains grossly inadequate in  developing countries, as 
pharmaceutical companies prioritise high prices and profit s in rich markets.  We hope that Members 
will use the extension wisely. Chair, we missed the opportunity to provide governments with the 
tools to save millions of lives up to now. However, we can still redeem our image in the eyes of the 
world. Let us do so  expeditiously.  We remain ready to engage constructively with Members.  
2.189.   The representative of Nigeria  delivered the following statement:   
2.190.   We thank the Chair of the TRIPS Council for his report. At the outset, we wish to associate 
ourselves with the statemen t delivered on behalf of the African Group regarding the mandate 
contained in paragraph 8 of the MC12 Decision on the TRIPS Agreement. Though we were unable to 
fulfil the mandate within the timeframe envisaged by our Ministers, we however welcome the 
conse nsus on the extension of the deadline. We call on Members to continue their constructive 
engagements with requisite political will to enable us to extend the decision to cover the production 
and supply of COVID -19 diagnostics and therapeutics as soon as po ssible. This would foster the WT/GC/M/202  
 
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  ramping up of production and ensure timely access to these lifesaving products by developing 
countries.  
2.191.   The representative of Pakistan  delivered the following statement : 
2.192.   We note the report shared by the TRIPS Council Chair and  echo the statement made by 
South Africa. The demandeurs for this waiver have engaged in consultation with the membership in 
the true spirit of paragraph 8 of the Ministerial decision. Several questions raised during the course 
of consultations were well t aken and duly responded in various documents: IP/C/W/670 and 
IP/C/W/674. We all know that in time of emergencies and crises, all of us, as individuals and 
governments take decisions to mitigate, in absence of complete information, or react in good faith 
on the basis of only partial information. In a global context especially, this is the best we can expect. 
Information can never be perfect. Unfortunately, we at the WTO spent almost two years discussing 
whether vaccines were adequately available. Now we are doing the same for  diagnostics and 
therapeutics. We claim that we need to stay relevant. We believe timeliness is an integral element 
of being relevant. For many poorer countries the issue is not simply of supply, it has been that of 
access and affordabili ty, as has been articulated by the Director -General of the WHO on 
16 December. I would like to take this opportunity to urge the General Council to uphold the mandate 
given to us by our Ministers in paragraph 8 of the decision while, very reluctantly, repe at reluctantly, 
allowing for a shorter extension in the timeline to decide on extension of the waiver to therapeutics 
and diagnostics, as suggested by South Africa.  
2.193.   The representative of Cameroon , on behalf of the African Group , delivered the following 
statement : 
2.194.   As far as TRIPS is concerned, and particularly the extension of the Ministerial Decision to 
therapeutics and diagnostics, we welcome the consensus on extending the deadline, which emerged 
from the Council's work. While w e understand that this is sensitive topic of discussion for some 
Members, we remain dissatisfied with the lack of an outcome in these discussions to date. A final 
decision should be made as soon as possible, so as to avoid entering a vicious circle that wo uld 
render these talks meaningless. Note should be taken of the marked increase in infections and the 
finding that vaccines alone cannot tackle this illness, especially in developing countries. For this 
reason, we call upon Members to decide to extend the Ministerial Decision on vaccines to 
therapeutics and diagnostics.  
2.195.   The representative of Argentina  delivered the following statement : 
2.196.   The Argentine Republic wishes to align itself with the statement made by the distinguished 
Ambassador of South Africa. Our country, like many developing and less developed countries, 
encountered numerous barriers to obtaining access to medical technology during the pandemic. This 
is why, since the start of the discussions in October 2020, we have supported a genera l waiver on 
intellectual property provisions. Regrettably, we are now in December 2022, and we are still 
discussing. We must be able to agree health policy tools that place human life above economic 
interests. We thus call on the membership to show maximum  flexibility in order to give effect to the 
recommendation made by the Council for TRIPS, and to extend the provisions of paragraph 8 which 
allow us to reach a similar decision to the one we were able to take regarding COVID -19 vaccines, 
only this time for  diagnostics and treatment. A new decision adopted in a timely manner would 
facilitate more equitable access and affordable prices of these goods at the global level. Extending 
the Ministerial Decision would provide developing countries with an additional public health policy 
tool to address current and potential health challenges. The mandate in paragraph 8 is very clear 
and does not require a general debate to be opened up on the role of intellectual property rights in 
obtaining access to health care. We must act in a consensual and constructive manner so as not to 
further delay decision making and show that the WTO and the multilateral trading system can bring 
concrete solutions to the challenges faced by all nations.  
2.197.   The representative of Kenya , on behal f of the ACP Group , delivered the following statement:  
2.198.   Regarding paragraph 8 of the Ministerial Decision on the TRIPS Agreement, we thank the 
Chair of the TRIPS Council for his report and his persistent efforts to ensure that Members reached 
an agreement o n a way forward in light of the 17 December 2022 deadline to decide whether the 
TRIPS Decision could extend to the production and supply of COVID -19 diagnostics and therapeutics.  WT/GC/M/202  
 
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  The ACP Group welcomes the recommendation to extend the deadline in order to accord sufficient 
time to deliberate on this important issue. The Group reiterates its support for an extension of the 
aforementioned Decision to cover diagnostics and therapeutics and calls upon Members to treat this 
matter with the urgency it deserves in  the coming year.   
2.199.   The representative of Fiji, on behalf of the Pacific Group , delivered the following statement:   
2.200.   We thank the TRIPS Council Chair for his report and the recommendation. Like other 
delegations, the Group is disappointed that this work has not been concluded by the deadline set at 
MC12 . However, we support the recommendation to extend the deadline for this work and urge 
Members to work together earnestly in 2023 to reach a decision on the extension of the waiver to 
therapeutic and diagnostic  products . For us, this is not just a trade issue but a life -saving matter for 
our countries.  
2.201.   The representative of Bangladesh  delivered the following statement : 
2.202.   Bangladesh thanks the TRIPS Council Chair for his report. Regarding paragraph 8 of the 
Ministerial decision on TRIPS Waiver, Bangladesh aligns with the statement delivered by the 
distinguished Ambassador of South Africa on behalf of the co-sponsors of IP/C/W/669/Rev.1 and  the 
statement to be delivered by Djibouti on behalf of the LDC Group. We are disappointed that Members 
could not agree within the deadline to follow the good gesture of the Ministers by extending the 
TRIPS Waiver decision to cover the COVI D-19 diagnostics and therapeutics. The TRIPS Council has 
recommended that the GC extends the deadline that ended on 17 December 2022. The extended 
deadline must not change the MC12 decision and its scope: that the MC12 TRIPS Waiver decision 
must be extende d to cover COVID -19 diagnostics and therapeutics. We are aware that the pandemic 
is still ongoing.  People need test and treatment against COVID -19. We cannot also ignore the threat 
of the future pandemics and the necessity of affordable and timely access t o diagnostics and 
therapeutics.  Therefore, the Ministerial decision on TRIPS Waiver should not be confined only on 
vaccine and should be extended to cover COVID -19 therapeutics and diagnostic.  Our delegation 
supports the idea that extension of the deadline  must be short and  should not go beyond the first 
GC meeting in 2023.  
2.203.   The representative of Djibouti , on behalf of the LDC Group, delivered the following 
statement:  
2.204.   Regarding paragraph 8 of the MC12 TRIPS Decision, the LDC Group would like to thank the 
Chair of the Council for TRIPS for his report and we thank all of us for working together last Friday 
to come to the solution we needed. The LDC Group, as in the TRIPS Council last Friday, is again 
happy to agree on the proposed text that extends the time fo und in the MC12 Decision on C OVID -19, 
to decide on whether to include therapeutics and diagnostics under the waiver.  
2.205.   The representative of Antigua and Barbuda , on behalf of the OECS , delivered the following 
statement:  
2.206.   With respect to the TRIPS matter, we a re supportive of a positive outcome to the discussions 
on a waiver for therapeutics and diagnostics. COVID -19 has not disappeared, and at the end of last 
week, cases were up 11% and deaths up by 15% globally. As most countries have reopened since 
the most intense phases of the pandemic, promoting greater access to therapeutics and diagnostics 
should be seen as key to the fight to combat the virus. Finally, we align with the statement by the 
ACP and CARICOM.  
2.207.   The representative of Mozambique  delivered the fol lowing statement : 
2.208.   Regarding paragraph 8 of the MC12 TRIPS Decision, my delegation thanks the Chair of the 
TRIPS Council, Ambassador Lansana Alison Gberie of Sierra Leone, for his report. Mozambique aligns 
itself with the statements delivered by South Afric a, on behalf of co -sponsors, the African Group and 
the LDC Group. We join the consensus on the recommendation to extend the deadline of the 
Ministerial decision to cover the production and supply of Covid -19 therapeutics and diagnostics 
under the waiver. H owever, we are of the view that the extension must be as short as possible. As 
co-sponsors, Mozambique encourages the WTO membership to continue with an open spirit and 
constructive negotiations in compliance with the Ministerial mandate of paragraph 8 of the decision.  WT/GC/M/202  
 
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  2.209.   The representative of Indonesia  delivered the following statement:  
2.210.   Indonesia thanks the Chair of the TRIPS Council for his short report. On the agenda of 
Paragraph 8 of the Ministerial Decision on TRIPS Agreement, while echoing previous state ments of 
the TRIPS waiver co -sponsors delivered by Ambassador Xolelwa Mlumbi -Peter, and our support to 
document WT/GC/W/860 – IP/C/W/694, it is regrettable that we have reached another impasse as 
previously experienced before the MC12. In fact, after the conclusion of the MC12, the Decision was 
criticized as coming too little and too late. Therefore, to present a WTO that is agile, responsive, and 
caters to the needs of all, any extension on paragraph 8, must be as short as possible, preferably to 
be decided in the next General Council meeting in early 2023. Indonesia would also like to highlight 
the role of relevant international organizations in their particular field on IP and global health, such 
as WHO and WIPO, and the WTO can certainly benefit fro m their expertise in discussions on the 
extension of the Ministerial Decision to therapeutics and diagnostics.  
2.211.   The representative of  the Maldives  delivered the following statement : 
2.212.   Since this is the first time that we are taking the floor, our delegation w elcomes the new 
Ambassadors who were recently accredited to WTO and wish farewell to all the Ambassadors who 
are leaving us. Our delegation would also like to thank the Chair of the TRIPS Council for the update 
provided to this Council and for his continuo us engagement with Members to a speedy conclusion 
on the way forward for the paragraph 8 of the Ministerial Decision on TRIPS Agreement. The COVID -
19 virus is still affecting all regions across the globe. At the WHO, WIPO, WTO Joint Technical 
Symposium on the COVID -19 Pandemic: Response, preparedness, resilience held last Friday, the 
WHO Director -General stated in his opening remarks that ten thousand people are still dying from 
this virus every week. He also stated that even though access to vaccines has s ignificantly improved, 
access to diagnostics and life -saving treatments for COVID -19 remains unaffordable. We believe 
that WTO Members can play a pragmatic role in providing access to diagnostics and therapeutics 
related to the COVID -19 virus. Therefore, a s a co -sponsor of the IP/C/W/669 /Rev.1, Maldives 
strongly urges the WTO membership to decide on the extension of the Ministerial Decision on the 
TRIPS Agreement to cover therapeutics and diagnostics in compliance with the Ministerial mandate 
in paragraph 8  of the said Decision.  
2.213.   The representative of Nepal  delivered the following statement : 
2.214.   We associate ourselves with the statement by Djibouti  on behalf of LDCs. I commend the 
report of the TRIPS Council and appreciate Members' engagement in the spirit of MC 12. The MC12 
decision on the TRIPS waiver is a good example of the outcome of multilateral deliberation to address 
the global public health problem. It would definitely contribute to saving lives around the world.  
However, this decision by itself is not su fficient, as provision of vaccines alone does not solve the 
pandemic problem. We further need to take a decision on its extension to cover production and 
supply of COVID -19 diagnostics and therapeutics in a timely manner. We, therefore, support the 
recomme ndations by the TRIPS Council. We call upon Members for engaging constructively and 
demonstrating flexibility at the maximum possible level.   
2.215.   The representative of Paraguay  delivered the following statement :  
2.216.   First of all, I would like to thank the Chair o f the TRIPS Council for his report. Second, I 
would like to state that we are concerned by the systemic impact of non-compliance  with the specific 
mandate we were given just six months ago. My delegation agrees to the extension and believes 
that a definiti on of the parameters should be provided soon. That is why we support South Africa's 
proposal, which has been seconded by other delegations, to extend the decision to  the first meeting 
of the General Council in 2023. For countries that are net importers of medical goods and equipment 
with limited local production capacity such as Paraguay, what is most important is: an adequate 
international supply chain of COVID -19 vaccines and medicines, equipment, medical devices and 
diagnostics, markets that remain open and without unnecessary distortions, as well as greater 
transparency in terms of prices and conditions. We also support the strengthening of trade facilitation 
measures with a view to reducing restrictive measures imposed by producer Member s because the 
most affected countries are always the most vulnerable ones.  This does not only have a trade aspect; 
it is directly linked to the health of our citizens.  
2.217.   The representative of Mauritius  delivered the following statement : WT/GC/M/202  
 
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  2.218.   Mauritius supports the statements ma de by the African Group and the ACP Group. We note 
that the mandated deadline has been extended by consensus. We hope this extension will be short. 
Last Friday we had the opportunity to listen to experts at the WHO -WTO-WIPO trilateral Symposium 
on the COVI D Pandemic. The presentation by Dr. Abdul Karim was both enlightening and frightening 
as he pointed to the long -term effects of COVID and potentially the disabling of a proportion of the 
work force. We already know that many have not resumed their work and  are still suffering from 
the debilitating effects of long COVID. Some words that stick to our minds from that symposium are 
– Inter agency cooperation – Consolidation of Global Governance and Actions including on 
multilateral trade. Reflection and discuss ions on pandemic preparedness is also happening elsewhere 
and we know that the International Negotiating Body at the level of the WHO has advanced work on 
the proposed International Convention to strengthen Pandemic prevention, preparedness and 
response. I t is the turn of the WTO. We appreciate this is not an easy issue but urge a constructive 
engagement and positive outcome for the credibility of this Organization.  
2.219.   The representative of the Plurinational State of Bolivia  delivered the following statement:   
2.220.   I would like to briefly touch upon the various items on th e agenda. You are all aware of 
Bolivia's  positions on  most of  these topics. We  would like to join those voices, particularly those of 
South Africa on paragraph 8 . We express our concern with regards to the small progress made in 
the last six months. We were a co -sponsor,  and we therefore urge Members to fulfil the Ministerial 
Decision. We urge  Members to do so as soon as possible, working constructively on the top ic so that 
we can ensure that tests and treatments are included. This way, the WTO can play a relevant role 
in meeting the outstanding needs of our citizens .  
2.221.   The representative of Switzerland  delivered the following statement : 
2.222.   Thank you to the Chair of th e TRIPS Council for his report. Paragraph 8 of the Ministerial 
Decision on the TRIPS Agreement provides a mandate for Members to decide no later than 6 months 
on whether or not to extend the decision to cover the production and supply of COVID -19 diagnosti cs 
and therapeutics. Switzerland appreciates that discussions on this matter have been held and would 
like to thank all delegations for their contributions. In our assessment, during the last 6 months the 
discussions in the TRIPS Council failed to produce convincing facts that demonstrate that IP -based 
problems regarding the access to COVID -19 therapeutics and diagnostics exist. On the contrary . 
Switzerland has produced evidence (such as included in communication IP/C/W/693 co -sponsored 
by Mexico), which cl early indicate that there are no IP -related barriers to the access to these 
products. The proponents have not submitted any up -to-date information which would refute these 
facts. Switzerland therefore deems an extension of the MC12 TRIPS Decision to be not  only 
unnecessary, but indeed counterproductive to our common goal of ensuring equitable and affordable 
access in a sustainable manner. Such a signal sent from the WTO would have a negative impact on 
the preparedness of relevant stakeholders to continue to  engage in pandemic research and 
development. With that, WTO would run counter to its own goal of pandemic preparedness, 
prevention and response for future pandemics. However, Switzerland is willing to continue to engage 
and discuss this issue further, bas ed on facts and evidence, with other Members in the TRIPS Council.  
2.223.   The representative of the European Union  delivered the following statement : 
2.224.   The European Union thanks the Chair of the TRIPS Council for his report and steering. Since 
July 2022, the Europe an Union has constructively engaged in the discussions on whether to extend 
the scope of the Decision to COVID -19 therapeutics and diagnostics. These are not easy discussions 
as the situation is complex. Contrary to COVID -19 vaccines, there is no clear def inition of these 
products. In addition, there are multiple factors that affect their accessibility and affordability such 
as the available financing, licensing, procurement mechanisms or regulatory procedures, just to 
name a few. The European Union is comm itted to find a way to advance the discussions of the TRIPS 
Council by addressing questions that remain open, identifying concrete problems and the ways in 
which these problems can be addressed. At the current stage, it is clear however that there is no 
consensus in the TRIPS Council. Therefore, the European Union supports the continuation of the 
discussions and the extension of the deadline in which to complete this discussion. We are flexible 
as regards the duration of that deadline. We can support a shor t extension of the deadline.  
2.225.   The representative of the United Kingdom  delivered the following statement:  WT/GC/M/202  
 
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  2.226.   Let me thank the Chair for his report today and the way he has handled these discussions 
over the last few weeks and months. Since we met at MC12, we have certainly tried to engage in 
good faith in an attempt to drive and secure what we hoped would be an evidence -based discussion 
on whether, or not, to extend the scope of the MC12 TRIPS decision on Covid -19 vaccines to 
therapeutics and diagnostics. We  have welcomed positive contributions from other Members towards 
such a fact -based debate but, as others have said, the reality is that we have not reached a 
consensus in the TRIPS Council on the substance of this issue. We thank everybody for trying to find  
a way through and we thank in particular those who worked on this on Friday. We have exercised 
our own level of flexibility here, being content to just say that we have not found consensus, but we 
are willing to continue those discussions in the way that the TRIPS Council Chair has suggested and 
is reflected in the report for us.  
2.227.   The representative of Japan  delivered the following statement : 
2.228.   Japan would like to express its appreciation to the TRIPS Council Chair, Ambassador Gberie, 
for the report. In cons idering whether or not the extension of the Ministerial Decision will also cover 
diagnostics and therapeutics, we must ensure that our discussion continues to be based on evidence 
and facts. On the other hand, we recognize that at this point Members have d ifferent views on 
whether the TRIPS Council has been presented with concrete evidence supporting the need for 
extension to diagnostics and therapeutics. In light of this situation, we can support the Chair's report. 
We consider that the discussion will be fact-based, and we appreciate the communication from 
Mexico and Switzerland, and the discussion paper from Chinese Taipei in this regard. We would like 
to engage in the discussion constructively. With regard to the duration, we consider that, whether 
we ca n find the facts and evidence, the quality of discussion is important. We are flexible on the 
duration.  
2.229.   The representative of Chinese Taipei  delivered the following statement : 
2.230.   We thank the TRIPS Council Chair for his report and for having convened several formal and 
informal meetings. We commend the Chair's patience to facilitate Members' discussions. Although 
the report is concise, it precisely reflects the current status. We have explained in many meetings 
that the issues involved in "diagnostics" and "th erapeutics" are far more complicated than the issues 
involved in vaccines. If we intend to be effective in the following stage, the discussion must be more 
focused and more fact - and evidence -based. My delegation has submitted a discussion paper and 
raised  a number of product -related and supply -demand related factual questions. We hope that this 
will be the basis for a "focused" discussion.  
2.231.   The representative of Tunisia  delivered the following statement:  
2.232.   We thank the Chair of the TRIPS Council for his repor t and note the recommendation. Clearly, 
even though the decision on the extension of the deadline gives hope of moving towards a successful 
outcome later, we could not hide our disappointment that the discussions on the extension to 
therapeutics and diagno stics failed to reach a successful conclusion. We remain puzzled by this 
decision on extension on several levels, including the following two points: (i) The decision to 
postpone suggests that the six -month period  since the MC12 Decision was too short to g ather all 
the facts needed to make a decision. This is not exactly the case, given that since the submission of 
the proposal by the co -sponsors in October 2020, the polarized high -level discussions between 
Members have focused on finding a comprehensive so lution, including vaccines, therapeutics and 
diagnostics. As a result, Members had more than two years to gather the facts needed to make a 
decision. (ii) The existing division over the understanding of the mandate of paragraph 8 of the 
decision, between t hose in favour of taking a decision (positive or negative within the deadline), and 
those who instead support a decision on whether or not an extension is appropriate, will of course 
continue, given that the decision on extension is presented in an imparti al manner and provides no 
clarity on the matter. However, what is undeniably encouraging beyond this confusing situation on 
the outcome of the decision is the level of commitment and cohesion between the heads of the three 
lead organizations in this proces s (the World Health Organization (WHO), the World Intellectual 
Property Organization (WIPO) and the WTO), with a view to building resilience in order to be better 
prepared for future pandemics. The ninth Joint Technical Symposium held last week had once ag ain 
been an opportunity to confirm the high level of trilateral coordination. The Director -General of the 
WHO, Dr. Tedros, and participating scientists confirmed that, and I quote: "severe global inequities 
still hamper the response" and indicated that dev eloping the "local production of vaccines, 
diagnostics and therapeutics is key to bringing this pandemic to an end, and for strengthening WT/GC/M/202  
 
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  preparedness for future emergencies". I would like to end with the words of the Director -General of 
WIPO, Mr Daren Tan g, who stated that: "There is no certainty when the next pandemic will strike 
us, but there is absolute certainty that it will happen again. We can and must do better the next 
time it happens, for ourselves and our children".  
2.233.   The representative of Malaysia  delivered the following statement:  
2.234.   On the Ministerial Decision on the TRIPS Agreement, we believe that vaccine equity can be 
further improved in the vulnerable parts of the world in a timely manner. On paragraph 8, we call 
for Members to continue engagin g in finding mutual workable decisions that would address the needs 
and concerns of all Members.  
2.235.   The representative of Viet Nam  delivered the following statement:  
2.236.   Regarding the TRIPS Council report on the discussion on the expansion to cover the 
productio n and supply of COVID -19 diagnostics and therapeutics, Viet Nam understands and 
appreciates that the TRIPS Council has worked very hard for the agreement to recommend the 
General Council to extend the deadline. Viet Nam is willing to join the consensus on this 
recommendation.  
2.237.   The representative of India delivered the following statement:   
2.238.   We thank the TRIPS Council Chair for his report to the GC. Although I am little confused, as 
to which part of it was the formal report, and which part was on his own responsibility. Let me thank 
him for at least coming out with a revised kind of paragraph 5 of the earlier circulated draft report 
– whereby today he has acknowledged that there were three groups in the room : (i) 669/Rev.1 
co-sponsors who were seeking an extension of the decision ; (ii) those that there were not co -
sponsors but supporting strong ly the extension of the decision ; and, (iii) the third group was seeking 
the extension of the timeline or the deadline. Let me also thank South Africa on behalf of the co -
sponsors, and India would like to align itself with the statement made by South Afric a. In the last 
GC meeting in October, India suggested that there should be a standard practice of the TRIPS Council 
providing a report to the GC instead of co -sponsors proposing its inclusion in the agenda. It is 
disappointing that we could not take a deci sion to deliver the mandate provided by Ministers at MC12 
in para graph  8 of the MC decision on the TRIPS Agreement within the deadline. We have spent six 
months since the Ministerial, first almost three months inaction, even though we provided a calendar 
in the form of a room document before the summer break, and then in the protracted circular 
discussion, which still we want to continue and endless demands  on evidence. We have had retreats 
on ag riculture , fish and WTO reform, all of which were important. U nfortunately, we have not had  
one on this topic which also is, if I may say, an important topic. The decision at this stage is crucial 
and urgent for responding globally to the ongoing pandemic. Therefore, India would like to reiterate 
the urgency to exten d the decision to therapeutics and diagnostics, and also urge the General Council 
to quickly decide on the way forward beyond the deadline. And may I suggest, our suggestion is to 
consider a short extension of the deadline up to the first General Council m eeting in 2023 or at best 
three months from now.  
2.239.   In summarizing the discussion, t he Chair recalled  that a recommendation  had been  prepared 
and agreed by the TRIPS Council , recommending  to the General Council  to extend the deadline -
without any indication on the length of this extension and the period of time for which the deadline 
should be extended.  He noted that in the interventions,  several suggestions had been made 
regarding the period of time for the extension, and the last intervention by India was echoing what 
South Africa ha d proposed in its intervention. India was also  suggesting that the General Council 
should extend the deadline up  until the first meeting of the General Council in 2023, or for a  period 
of up to three months. He noted that he  had heard that a number of delegations were flexible as to 
the period of time for the extension, and asked if  the WTO membership would agree to extend the 
deadline until the next meeting of the General Council next year, or for a maximum period of three 
months.    
2.240.   The representative of the United States  delivered the following statement:   
2.241.   As everybody is aware, the United States is engaging in a domestic process  which I recognize 
is a US domestic process . Stakeholders are invited to participate in it and th is process is significantly WT/GC/M/202  
 
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  longer than three months. I also think that even, setting th at aside, three months is very short. We 
are about to leave basically for two months  here on various holidays. While I have some flexibility 
on timeframe,  I think three  months is not something we can agree to. I am also a  little bit confused, 
we did agree  and we did work with others on Friday on what ended up being the draft report . But 
this agenda item is a report from the TRIPS Council . I recognize that ideas have been  thrown around 
on the timeframe, but I am a little bit confused about the agenda item.   
2.242.   The Chair suggested to suspend deliberations on this topic and to revert to it at a later 
juncture during the meeting. He urged that, in the meantime, concerned delegations should  get 
together to find language that would be acceptable to all. He then  suspended  the agenda item . 
2.243.   On the following day of the meeting , i.e., on 20 December, the Chair took up  item 2(a)(iii) 
again  and recalled that he  had suspended the discussion  on this matter the day before  with a view 
to providing more  time to concerned delegations to work out a mutually agreed solution. He noted 
that Members had not yet managed to work out such an agreed solution , and he therefore afforded 
more time to those delegations until the afternoon of that meeting . In doing so,  he noted that, as 
he saw it, the General Council would  be left with two options. First , to agree to the recommendation 
of the TRIPS Council , or second, there would  be no consensus and the General Council would  not be 
in a position to agree to the recommen dation. He expressed his hope for Members to work out a 
consensual solution on this matter.   
2.244.   The representative of South Africa  delivered the following statement:  
2.245.   We concur that there is still a need for Members  to come together on this issue. But maybe 
in response to your two options , I think we probably also need to put a third option , which could be 
if there is still no solution until the end of our meeting today, the item can remain suspended,  and 
the General Council  can come back to it in its first meeting of 2023. That could be another option to 
consider.  
2.246.   Later that day , and b efore proceeding to "Other Business", the Chair took up item 2(a)(iii) 
once again and delivered the following statement as a follow -up to the intervention he had made 
earlier15: 
2.247.   As you will recall, this morning I asked the concerned delegations to continue working 
together in order to see whether they can find solution to the matter of a specific deadline for the 
recommendation of the TRIPS Coun cil that was raised yesterday that could be acceptable to 
everyone. I noted that I would revert to this matter as we resume our meeting this afternoon.  
2.248.   I understand that discussions have taken place among interested delegations and that good 
progress was m ade. While there is no convergence yet on the specific duration of a deadline to 
attach to the TRIPS Council's recommendation, we may be able to put forward a compromise 
solution. Based on the statements heard yesterday and the further informal discussions  that took 
place thereafter, I would like to suggest proceeding  as follows:  
a. "The General Council agrees to the recommendation as put forward by the TRIPS Council 
to extend the deadline, and the General Council agrees to revert to the matter of the 
duratio n of such deadline at its next meeting."  
2.249.   The General Council  so agreed . 
B. Buenos Aires (M C11), Nairobi (M C10), and Bali (M C9) (G/RO/97)  
2.250.   The Chair delivered the following statement16:  
2.251.   I will only focus on areas where there are new developments to report. I would also refer 
you to earlier  statements made under this item at previous meetings of the General Council. On the 
implementation of the Bali Ministerial Decision on Public Stockholding for Food Security purposes, 
the Committee on Agriculture, a t its November meeting, continued its examination of the information 
 
15 The Chair's statement was subsequently circulated in JOB/GC/333.  
16 The Chair's statement was subsequently circulated in JOB/GC/329.  WT/GC/M/202  
 
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  notified by the Member who has invoked the Decision. As a part of the first triennial review of the 
operation of the Bali TRQ Decision, Members looked into specific proposals for enhanced  
transparency of tariff quota notifications.  Regarding the LDCs Services Waiver, at the December 
meeting of the CTS, the Chair recalled the suggestions he had heard from delegations during his 
consultations to implement paragraph 8 of the MC12 Outcome Docu ment relating to the Waiver.  The 
LDC Group indicated that it was working on a written submission and may also supplement its 2014 
Collective Request. Delegations indicated their openness to consider LDCs' future proposals. The 
Services Council tasked the S ecretariat with the preparation of a methodological Note on how LDC 
services trade statistics could be improved.  Regarding the Bali Decision on Duty -Free Quota -Free 
Market Access for LDCs, the annual review was conducted at the November CTD meeting. The CT D 
Chair noted that her consultations had not found a way forward that would allow the Secretariat to 
update its report on Members' DFQF market access for LDCs. She invited Members to provide 
guidance.  On Aid for Trade, two CTD informal sessions were recent ly held. The purpose of these 
informal meetings was to consider the Aid for Trade work programme for 2023 -2024. On the basis 
of the issues raised by Members, a first work programme was circulated on 25 November 
(JOB/COMTD/AFT/1). An initial discussion of t he draft took place on 2 December, at which the CTD 
Chair requested Members to submit further written comments on the work programme. The deadline 
was extended to 20 January. A further informal consultation will be held in the week of 23 January.  
2.252.   The repr esentative of Djibouti , on behalf of the LDC Group , delivered the following 
statement:  
2.253.   The LDC Group thanks you for your report on the implementation of the decisions adopted 
at the previous sessions of the Ministerial Conference held in Buenos Aires, Nair obi and Bali, 
respectively. The implementation of these decisions is one of the priorities of LDCs. We look forward 
to the work at the level of the relevant bodies to implement the instructions given by Ministers in 
paragraph 8 of the MC12 outcome document , concerning decisions taken in favour of LDCs at these 
previous Ministerial Conferences.  
2.254.   The representative of India delivered the following statement:  
2.255.   First of all, I would like to thank you for your report and indeed, I would also like to 
congratulate t he Committee on Agriculture team, the delegates, the Chair and the Secretariat for 
finalizing the work programme as per paragraph 8 of the MC12 Ministerial Declaration on  the 
Emergency Response to F ood Insecurity  (WT/MIN(22)/28) . The TRQ decision was also a decision of 
the Bali Ministerial but for the same Ministerial one main and substantive decision was the permanent 
solution to PSH. It has been more than nine years since that decision, but the permanent solution 
to public stockholding is still to find it s finality here, for the past nine years a permanent solution to 
PSH has remained elusive. Despite the Ministerial mandate, the food insecurity situation caused by 
COVID -19 and the ongoing conflict has only reinforced the urgency to deliver on PSH. India h as 
demonstrated a successful PSH model that has helped maintain food security to its 1.4 billion 
population. Therefore, it is important that we address the mandated issue of PSH on priority and my 
request is that we can adopt these decisions at the General  Council even before MC13, as was done 
in 2014.  
2.256.   The representative of Nepal  delivered the following statement : 
2.257.   My delegation welcomes the report of Committee on Rules of Origin and commends for 
continued efforts in making past decisions implemented. My delegation also commends the Members 
that have taken initiatives to implement those decisions in an effective mann er, such as EBA facility 
of the European Union and the United Kingdom, and the initiatives undertaken in rules of origin and 
operationalization of service waiver by some Members. Nepal calls upon Members for respecting the 
decisions in favour of the LDCs o n effective operationalization of service waiver, simplifying rules of 
origin, and mobilizing additional resources in implementation of category C measures of the Trade 
Facilitation Agreement, as it would contribute to LDCs' integration into the global tra ding system.   
2.258.   The representative of Cambodia  delivered the following statement : 
2.259.   I would like to express our welcome of the outcomes of MC12 on the matter of implementing 
past outcomes from Bali, Nairobi and Buenos Aires. We welcome the report as in documen t G/RO/97.  
For our delegation, the Ministers ' instructions to further review, promote and implement past WT/GC/M/202  
 
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  decisions in favour of the LDCs are indications that those decisions are not yet fully utilized to the 
benefit of the LDCs. Specifically, while we ackn owledge the decision reached at the Committee on 
Rules of Origin on 14 April 2022 (G/RO/95) on Preferential Rules of Origin is a step in the right 
direction to improve ease of market access for the LDCs, other decisions such as the LDC Services 
Waiver and the DFQF preferential market access for LDCs are yet to be fully operationalized and 
implemented.  Therefore, we would like to emphasize that any review and promotion of decisions in 
favour of LDCs from past Ministerial Conferences should be done in a manne r for those decisions are 
to be used as tools for the benefits of LDCs as befitting their intended purposes. In addition, we urge 
Members to consider favourably and practicably to any requests by the LDCs so that the benefits 
from waivers and flexibilities  in favour of LDCs could be realized and to allow the LDCs to be fully 
integrated into the multilateral trading system.  
2.260.   The representative of South Africa  delivered the following statement:   
2.261.   We believe that it is important to maintain this agenda item which enables the WTO 
membership to reflect on whether we are delivering on Ministerial mandates. The inability of the 
WTO to implement agreed decisions and mandates remains a matter of concern. It contributes to 
the inequity we see in benefits from the multilateral trading system. This has been exacerbated by 
the COVID -19 pandemic, the current food crisis that is contributing to rising food insecurity, which 
emphasizes the need deliver on the man date in Article 20 of the Agreement on Agriculture, including 
the need to conclude the outstanding work on disciplines on the trade distorting domestic support, 
a permanent solution on PSH, disciplines on cotton and SSM. As we approach MC13, it is importan t 
to work collectively on a food security and livelihoods package. Most importantly, we need to deliver 
on the outstanding DDA issues, which remains critical if the WTO is to deliver on the development 
mandate. We therefore urge Members to prioritize the f ulfilment of outstanding Ministerial mandates. 
We also need to deliver on the mandate for the CTD SS on S&D, which is integral to all 
WTO agreements and negotiations and the G90 ASPs. The multiple crisis have a disproportionat e 
impact on developing countri es, the development dimension of the WTO mandate needs serious 
attention, we must ensure that development continues to underpin the work of the WTO. Finally, we 
associate ourselves with the statements delivered by Cameroon, on behalf of the Africa Group, a nd 
Kenya for the OACPS.  
2.262.   The representative of the European Union  delivered the following statement : 
2.263.   The European Union recalls the need to ensure correct implementation of the Bali Decision 
on Public Stockholding and in particular highlights the transparen cy aspects as part of the review in 
regular Committee on Agriculture. The European Union has engaged in consultations with India on 
the basis of Article 6 of the Bali decision. We see these consultations as a useful way to increase 
transparency on the stoc kholding programmes and look forward to further discussions. The European 
Union underlines the importance of respecting the Nairobi decision on export competition, which is 
even more relevant in the current food security crisis. We consider there is need t o review the 
transparency tools in the area of export competition with a view to streamlining and harmonising, 
following the changes resulting from the Nairobi decision. We look forward to further discussions 
with Members on ways to improve transparency ac ross in agriculture.  
2.264.   The representative of Indonesia  delivered the following statement:  
2.265.   Indonesia will continue to reiterate that we still have our unfinished homework from Bali and 
Nairobi Ministerial Decision, which is our deliberation to achieve a perma nent solution on Public 
Stockholding for Food Security Purposes. We should not put aside our lost list of homework and 
endlessly debate among ourselves. The world is watching us, and our people are waiting. We should 
act now and resolve the Ministerial mandates.  
2.266.   The General Council took note  of the Chair's report and of the statements.  
3  WORK PROGRAMME ON SMALL ECONOMIES – REPORT BY THE CHAIR OF THE 
DEDICATED SESSION OF THE COMMITTEE ON TRADE AND DEVELOPMENT  
3.1.  The Chair recalled that in accordance 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 S essions. At WT/GC/M/202  
 
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  MC12, Ministers had reaffirmed their commitment to the Work Programme and instructed the CTD 
to continue its work in Dedicated Sessions under the overall responsibility of the General Council.  
3.2.  Ambassador  Usha Dwarka -Canabady (Mauritius), Chair of the C ommittee on Trade and 
Development , delivered the following statement with regard to the ongoing work in the Committee:  
3.3.  I would like to start by recalling the Decision taken by Ministers at MC12 on the Work 
Programme on Small Economies, which is fo und in documents WT/MIN(22)/25 and WT/L/1136. The 
Ministerial Decision contains, inter alia , a reaffirmation of Members' commitment at Ministerial level 
to the Work Programme on Small Economies. Note is taken of all the work conducted to date, and 
the CTD is instructed to continue its work in the Dedicated Session on Small Economies under the 
overall responsibility of the General Council. The Dedicated Session is to continue monitoring the 
progress of the small economy proposals in WTO bodies and in negotia ting groups with the aim of 
providing responses, as soon as possible, to the trade -related issues identified for the fuller 
integration of SVEs into the multilateral trading system. In terms of future work in the Dedicated 
Session, the Decision instructs t he WTO Secretariat to provide relevant information and factual 
analysis for discussion among Members on the topic of "integrating small economies into the post 
COVID -19 economy: effects of the pandemic, challenges and opportunities."  
3.4.  As I previously report ed, the Dedicated Session agreed earlier this year on an outline for a 
Secretariat paper on this mandated topic. The Secretariat document will form the basis for the 
discussions that will take place in the Dedicated Session. I have maintained contact with the 
Secretariat these last few months on the progress that is being made in the preparation of the 
document. I am now pleased to inform you that the document is entering the final phase of 
preparation, and is expected to be circulated in January 2023. Once  the Secretariat document has 
been finalized and circulated, I will give Members some time to digest the document, which is 
expected to be substantive and statistical in nature. A meeting of the Dedicated Session will then be 
convened, in the first quarter  of 2023, so that Members can begin their discussion on the important 
topic of integrating small economies into the post COVID -19 economy.  
3.5.  Let me close by once again encouraging all Members to participate actively in the discussions 
that will take place in  the Dedicated Session. I also take this opportunity to once again call on all 
Members to continue to engage in order to frame responses to the trade -related issues identified for 
the fuller integration of SVEs into the multilateral trading system. This co ncludes my intervention.  
3.6.  The representative of Guatemala , on behalf of the SVEs , delivered the following statement:  
3.7.  The SVE Group would like to thank the CTD Chair for her report on the Work Programme on 
Small Economies. As mentioned, the Ministerial Decis ion of the Work Programme is an important 
outcome of the 12th Ministerial Conference. Ministers have reaffirmed their commitment to the Work 
Programme and mandated further work, this time on the topic: "Integrating small economies into 
the post COVID -19 economy: effects of the pandemic, challenges and opportunities. " The SVE Group 
would also like to thank the Chair of the CTD for her report on the progress of the Secretariat's 
background note that will serve as the basis for the discussions, and the group looks forward in 
receiving it and discussing it in the near fu ture. 
3.8.  The representative of Antigua and Barbuda , on behalf of the OECS , delivered the following 
statement:  
3.9.  We align with the statements by Guatemala on behalf of the SVE Group; by Kenya on behalf 
of the ACP and by CARICOM. Let me also thank the Chair of th e CTD for her report. The Work 
Programme on Small Economies is of utmost importance to the OECS, especially given our unique 
vulnerabilities as Small Island Developing States (SIDS) and SVEs. The mandate in the MC12 
Ministerial decision is clear and we loo k forward to the intensification of work on "Integrating small 
economies into the post COVID 19 economy: effects of the pandemic, challenges and opportunities." 
As we advance work across the WTO on a wide range of issues, such as Reform, Agriculture, Fishe ries 
Subsidies and others, we also remind Members to take into account the unique circumstances of 
SVEs as elaborated in the Nairobi Ministerial Decision of 2015. Back then, Ministers agreed to address 
in every area of WTO work, and in a substantive and me aningful manner, the needs of small, 
vulnerable economies (SVEs) and to favourably consider the adoption of such measures as would WT/GC/M/202  
 
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  facilitate their fuller integration into the multilateral trading system, and to take into account the 
needs of SVEs in all a reas of negotiations, without creating a sub -category of WTO Members.  
3.10.  The representative of  the United Kingdom  delivered the following statement:  
3.11.  May I again thank the Chair of the CTD, who was as eloquent on this item as she was earlier. 
The vulnerabilit y of small island developing states and small economies generally is a particular issue 
for us and we have set out our own International Development Strategy, our vision that by 2030, 
small island developing states will have the economic and the climate re silience not only to graduate 
from Official Development Assistance ( ODA) with sustainable economies but to withstand economic 
and climate shocks so we very much support this strand of work and we look forward to further 
discussions in the dedicated session  on SVEs in the new year.  
3.12.  The representative of Barbados , on behalf of CARICOM , delivered the following statement : 
3.13.  The CARICOM Group thanks the Chair of the Committee on Trade and Development for her 
report under this agenda item. At the outset, we align o urselves with the statement delivered by 
Guatemala on behalf of the SVE Group. The Group wishes to underscore the importance of the 
Ministerial Decision on the Work Programme on small economies, which is a critical element of the 
outcomes of MC12. The work  carried out since 2018 on reducing trade costs, opportunities and 
challenges for small economies in attracting investments; and the economic and trade impact of 
natural disasters on small economies have been helpful to us. We are pleased with the progress  that 
has been made so far under the auspices of the Work Programme on Small Economies and looks 
forward to continuing our discussions in the CTD with a view to implementing the Work Programme. 
COVID -19 and the economic crisis that emanated as a result of the pandemic have had a significant 
impact on the economic activities and trade performance of our economies. The CARICOM Group, 
therefore, remains committed to the Work Programme on Small Economies and the mandated work 
on the topic: Integrating small eco nomies into the post -COVID -19 economy: effects of the pandemic, 
challenges, and opportunities. We look forward to receiving the Secretariat's factual background 
note to guide our discussions. We all know that SVEs have been particularly affected by the pol y-
crises faced over the last few years. From climate change to food insecurity; and from lack of access 
to development finance to limited value addition to its productive sectors, SVEs remain in need of 
support, greater analysis of pathways to progress and  more knowledge sharing on interventions 
than can support economic recovery in SVEs. That said, there is also much that SVEs can share with 
our partners on efforts made to digitise our economies or to access greater finance for climate 
resilience and recov ery as can be seen in the 'Bridgetown Initiative'. We look forward to engaging 
more in these kinds of discussions in the CTD. The CARICOM Group reaffirms its commitment to the 
work of the CTD in its dedicated session on small economies and is ready and wil ling to continue its 
active participation in this regard.  
3.14.  The representative of Kenya , on behalf of the ACP  Group , delivered the following statement:  
3.15.  The ACP Group welcomes the report on the Small Economies Work Programme.  We continue 
to underscore the importance of the MC12 Decision. We look forward to the Secretariat document, 
which is still in progress, and which will cover the topic of "Integrating small economies into the post 
COVID -19 economy: effects of the pandemic, challenges and opportunities". We hope that next year, 
ahead of MC13, there will be meaningful progress on the Work Programme.  
3.16.  The representative of Fiji delivered the following statement:  
3.17.  My delegation wishes to also expresses its gratitude to t he CTD Chair for her continued 
dedication including her comprehensive report in the CTD and on the Working Group on Small 
Economies. I wish to align my remarks with the statement delivered by Guatemala on behalf of the 
SVE Group, the Pacific Group and Keny a, on behalf of the ACP Group. Fiji values the work of this 
WG as it affords an opportunity for us to address small economies vulnerabilities and how trade can 
support our development aspirations, including the integration of our economies into the multila teral 
trading system. Frankly speaking, SVEs, like the Pacific Island nations, are unlikely to claw our way 
out of this category if the underlying factors that contribute to our vulnerabilities are not properly 
addressed – i.e., the disproportionate impact  of climate change, frequent and more intense natural 
disasters, slow recovery from the COVID -19 pandemic, among many other well -known traits of 
SVEs. It sometimes feels like we are living in that famous place sung by The Eagles called "Hotel WT/GC/M/202  
 
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  California ", where you can check out anytime you like but you can never leave. It is therefore 
important that small economies find adequate space in the trade discourse given the immense role 
trade can play in our development. We welcome the MC12 Decision as a starting  point to reaffirm 
the work programme on the stipulated topic for the integration of small economies. We therefore 
look to the CTD Chair's further update, including consultations on the impending Secretariat Paper 
in the first quarter of 2023.  
3.18.  The represen tative of Jamaica  delivered the following statement : 
3.19.  Jamaica thanks the Chair of the Committee on Trade and Development for his report. The 
MC12 Ministerial Decision on the Work Programme on Small Economies is one of Jamaica's priority 
areas for work in th e WTO. Given the current global economic landscape and environment within 
which small economies operate, we are happy to contribute to discussions on the topic to guide our 
work, that is, "Integrating small economies into the post COVID -19 economy: effects  of the 
pandemic, challenges and opportunities." Jamaica calls on WTO Members to engage on this topic 
with flexibility, foresight and with a constructive spirit. We have benefitted from previous work done 
under the Small Economies Work Programme, including  as it relates to trade costs and the impact 
of natural disasters, and Jamaica looks forward to engagement in the new year with a view to build 
on progress achieved to date. For the current Work Programme, Jamaica's interests, which we hope 
to be included in the work to be done, include: (i) understanding the extent of the impact of the 
pandemic on the trade performance of small economies, which we all know were disproportionately 
affected by the pandemic; (ii) good practices for building resilient systems and trade policies to 
respond to impacts such as those emanating from the pandemic, as well as shocks from natural 
disasters and the impact of climate change; (iii) access to finance to improve the trade performance 
of small economies; (iv) good practices on improving value chain development, and (v) improving 
digital readiness of small economies to successfully compete in global trade. We see the Work 
programme as an opportunity to advance the views of small economies and to galvanize support for 
addressin g the challenges they face in attempts to successfully integrate into global trade. Jamaica, 
therefore, reaffirms its commitment to the implementation of the work programme and stands ready 
to engage actively in this regard.  
3.20.  The General Council took note  of the report of the Chair of the Committee on Trade and 
Development and of the statements  made . 
4  DATE AND VENUE OF THE THIRTEENTH SESSION OF THE MINISTERIAL CONFERENCE 
AND VENUE OF THE FOURTEENTH SESSION17  
4.1.  The Chair recalled that Members had received two o ffers to host the next Session of the 
Ministerial Conference – by Cameroon and by the United Arab  Emirates, and that extensive 
consultations had taken place on this matter. He referred Members to his communication of 
12 December 2022 and the recent Informa l meeting of the General Council on 15 December 2022. 
As reported at that meeting, Cameroon and the United Arab Emirates had been working in close 
cooperation, both in Geneva and in the respective capitals. As a result of their cooperation, an 
amicable agr eement had been reached, whereby the UAE would host MC13, and Cameroon MC14. 
The matter of sequencing had been raised throughout the Chair's extensive consultations and 
Members had expressed their support to this proposed way forward if it would help arriv e at a 
solution.  
4.2.  In his capacity as General Council Chair and in his personal capacity, he expressed his deepest 
gratitude to the Governments of Cameroon and the United Arab Emirates for offering to host a 
session of the Ministerial Conference, and for the ir excellent efforts and cooperation in arriving at 
this amicable solution. He paid tribute to Ambassador Salomon Eheth of Cameroon and Ambassador 
Ahmed Abdulrahman Al Jarman of the United Arab Emirates, for their commitment and dedication 
to the WTO, for their constructive spirit and for their continued support.  
4.3.  In terms of dates, he recalled that at the Informal GC meeting on 15 December 2022, the 
United Arab Emirates proposed the week of 26 February 2024, as a possible window for the 
Conference. The Chai r noted that from the Informal General Council meeting on Thursday, he had 
understood that these dates could be acceptable to the WTO membership. In light of these 
developments and taking into account the extensive consultations – and given the high level of 
 
17 As proposed by the Chair, Item 4 was taken up earlier - immediately after agenda item 1.  WT/GC/M/202  
 
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  support for this proposed way forward that the Chair had detected – he believed that Members were 
in a position to take a decision on the date and venue for MC13 and the venue for MC14. He therefore 
proposed that the General Council formally agreed that  the Thirteenth Session of the WTO Ministerial 
Conference would be hosted by the United Arab Emirates in Abu Dhabi in the week of 26 February 
2024, and that the Fourteenth Session of the Ministerial Conference would be  hosted by Cameroon.    
4.4.  The General Cou ncil so agreed .  
4.5.  The Chair further noted that as indicated at the Informal General Council meeting, the timing 
for MC14 would be agreed to in consultation with the host and delegations at a later time.  
4.6.  The Director -General  delivered the following statement:  
4.7.  Thank you, Chair. As you said, the fact that two Members offered to host this MC, is a sign of 
good health for this Organization. The membership has demonstrated the value they attach to 
multilateralism and global solid arity by taking this important decision today. Let me also place on 
record my thanks to the Governments of Cameroon and the United Arab Emirates – specifically, to 
H.E. Mr. Luc -Magloire Mbarga Atangana, Minister of Commerce of Cameroon and the delegation o f 
Cameroon, led by Ambassador Eheth Salomon, and H.E. Dr. Thani bin Ahmed Al Zeyoudi, Minister 
of State for Foreign Trade of the United Arab Emirates and the delegation of the UAE led by 
Ambassador Ahmed Abdulrahman Al Jarman, for their effort. The partner ship, pragmatism and 
flexibility they exhibited in trying to get together, and agree on a mutually acceptable outcome, 
provide an example to us all to work to move this Organization forward. It was not easy to get there. 
But the important thing is, they go t there finally. I am also happy because today's decision will 
provide enough time for the Secretariat Ministerial Conference Task Force under the leadership of 
DDG Angela Ellard to ensure a smooth and successful MC13. DDG Ellard and the rest of the Taskfo rce 
have been working hard to prepare for the Conference and will of course be working closely with the 
UAE in the lead -up to MC13 in 2024. The race is on, the countdown has begun. This decision provides 
a clear target to work towards. As I said earlier in  my report as TNC Chair, we must now intensify 
our efforts, so as to be on track to deliver meaningful outcomes, set up effective processes for others 
and put in place frameworks that will enable us to make significant progress in the various areas of 
work. I will probably sound like a broken record talking about the need to focus on what the outcomes 
will be, but you will not cease hearing from me on this issue. Let me end by once again thanking the 
UAE and Cameroon. We look forward to MC13 and MC14.  
4.8.  The representative of Cameroon  delivered the following statement : 
4.9.  The Delegation of Cameroon welcomes this decision, which has just been taken by the General 
Council, namely, on the sequential organization of the next two WTO Ministerials - MC13 in the 
United A rab Emirates and MC14 in Cameroon. As we reminded Members at the Informal General 
Council meeting on 15 December 2022, Cameroon's proposal to host this important event is the 
manifestation of its constant commitment to trade multilateralism, development, a nd the full and 
effective integration of our country and the African continent, in trade and the global economy. We 
would like to sincerely thank Members for this important decision and this mark of confidence in 
favour of Cameroon to host MC14. We would a lso like to thank the actors who led this process from 
start to finish with responsibility, by promoting dialogue and consensus between our delegation and 
that of the United Arab Emirates, whom we would like to congratulate, in particular, the efforts led 
by the Director -General, the Chairman of the General Council, Deputy Director -General Angela 
Ellard, and all others that were involved. While expressing our deep gratitude, we want to reaffirm 
our commitment and our determination to work with all the stake holders of our Organization, for 
the total success of this event in Cameroon. We are convinced that MC14 on African soil, the cradle 
of the WTO, will be in line with the dynamics initiated at MC12. Just like the delegation of the United 
Arab Emirates, whic h we would like to congratulate for their appointment to host MC13, we already 
wish to welcome you to Cameroon for MC14, this Africa in miniature, which only asks to welcome 
you and to discover the splendour of its charms and its hidden treasures.  
4.10.  The rep resentative of the United Arab Emirates  delivered  the following statement : 
4.11.  Director -General, Excellencies, dear colleagues, Ladies and Gentlemen, I would like to refer 
to the statement I delivered, on behalf of the delegation of the UAE, at the Informal me eting of the 
General Council last Thursday. On behalf of my Government, I wish to express my deepest thanks WT/GC/M/202  
 
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  to all Members for the positive response to the UAE's offer to host MC13, as well as the date that 
we have proposed, namely the week of 26 February 2024. The Government of the United Arab 
Emirates is only too aware of the amount of work ahead, and therefore, stands ready to make the 
necessary contribution to the ongoing efforts with a view to making international trade part of the 
solution, shed more light on the expertise of the WTO, and highlight the role of the multilateral 
trading system. The UAE, since its accession to the WTO more than twenty years ago, has always 
joined consensus whenever it considers that the issues under discussion are benefic ial to all Members 
- developed, developing and least -developed countries alike. We cannot stress more the need to 
enhance and reinvigorate, today more than ever, a rules -based, non -discriminatory, open, fair, 
equitable and transparent multilateral trading system. Chairman, under the skilful guidance of the 
Director -General, and with the strong determination of the membership, MC12 has shown the world 
that our global institution is relevant, efficient and capable of coping with the challenges and 
emergencies  of our time. We highly value the importance of the package of agreements achieved at 
MC12: responding to the global health crisis, dealing with the food security crisis, an Agreement on 
Fisheries Subsidies, extending e -commerce moratorium and the work pro gramme, launching a 
Member -driven process of the institutional reform, including the challenges and concerns related to 
the Dispute Settlement Body, recognizing the urgent need to proceed to the appointment of 
Appellate Body members, among other deliverabl es. The Government of the UAE will do its utmost 
to ensure that all WTO Members have the opportunity to advance the ongoing discussions and take 
part in shaping outcomes for the benefit of all nations. We remain confident that the Members will 
confirm toda y the consensus reached last Thursday on the date and venue of MC13, and on MC14, 
on the basis of the amicable agreement between the United Arab Emirates and the Republic of 
Cameroon.  
4.12.  The representative of Brazil  delivered the following statement : 
4.13.  Brazil welcomes the consensus reached on the decision regarding the venues for upcoming 
Ministerial Conferences. We thank both the United Arab Emirates and Cameroon for their willingness 
to host respectively MC13 and MC14. We now need to reflect collectively on o ur priorities and 
deliverables for MC13, particularly, on agriculture, WTO reform and trade and sustainability. I would 
also like to highlight Brazil's proposal to hold yearly Ministerial Conferences on the same lines as 
other key multilateral economic org anizations, such as the IMF and the World Bank. Our goal is to 
better enable the membership to address both current and pressing trade -related issues and long -
term structural challenges. This would not necessarily involve negotiating agreements every year,  
but would help foster trust amongst the membership. International trade is part of the solution in 
tackling global challenges, such as climate change, pandemics and food security. The WTO must 
also be part of the solution.  
4.14.  The representative of Djibouti , on behalf of the LDC Group , delivered the following statement:  
4.15.  The LDC Group takes note of your statement on the dates and venues of the 13th and 14th 
Sessions of the Ministerial Conference. We would like to thank the United Arab Emirates and 
Cameroon for  reaching an agreement on their proposals to host the next Ministerial.  In this regard, 
we thank the distinguished delegations on their plans to host MC13 and MC14 respectively.  The 
Group looks forward to working with the delegations and the WTO in the mon ths ahead. We also call 
on the WTO to commence preparations to assist all LDCs to participate in these Ministerial 
Conferences.  
4.16.  The representative of Kenya , on behalf of the ACP Group , delivered the following statement:  
4.17.  The ACP Group welcomes the solution regarding the venue and date for the Thirteenth Session 
of the Ministerial Conference. We also support the designation of Cameroon as the host of MC14. 
We urge the WTO to indeed begin the necessary preparations for MC13 including the support for our 
Members that will require assistance to attend.  
4.18.  The representative of Morocco  delivered the following statement:  
4.19.  We are pleased about the decision on the venue of MC13 and MC14. This is the result of 
discussions over the past  few weeks. This is also the result of the efforts you made, Chair, and the 
Director -General. Morocco is also pleased to see the constructive spirit and the flexibility shown by 
both countries that have let us to take this decision this morning. We trust t hat both countries have WT/GC/M/202  
 
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  all the resources and experience needed to successfully organize a Ministerial Conference. Morocco 
supports this arrangement consisting of holding MC13 in the UAE and MC14 in Cameroon. We also 
agree with the date for MC13. We hope t hat the date for MC14 is also decided as soon as possible. 
We believe that we need specific objectives and a realistic agenda , and we should have that for both 
MCs as soon as possible. It is important for both Conferences to be coordinated, so that Members  
have more visibility when it comes for preparing for both Conferences.  
4.20.  The representative of Kazakhstan  delivered the following statement:  
4.21.  On behalf of the delegation of Kazakhstan, let me congratulate the membership and especially 
the delegations of the  UAE and Cameroon on the successful result achieved through various rounds 
of consultations on the important issue of hosting the next Ministerial Conference. Kazakhstan 
expresses its appreciation to Ambassador Salomon Eheth of Cameroon and Ambassador Ahme d 
Abdulrahman Al Jarman of the United Arab Emirates for their engagement and constructive spirit on 
this important endeavour. It is very positive that the General Council can take this decision in the 
last meeting of the year. These two offers and intense follow -up discussions were a sign of Members' 
commitment towards the mission of this Organization. It also demonstrates the strong belief in the 
Multilateral Trading System and that Members can keep on strengthening and making progress on 
the issues that m atter the most. I would like to assure both delegations that they can count on 
Kazakhstan's support on working together towards a successful Conference. I believe that due to 
the pandemic -related challenges, we have some unique experience to share. In conc lusion, I also 
would like to express our strong support for the date for MC13 – that is,  the week of 26 February 
2024.  
4.22.  The representative of India delivered the following statement:  
4.23.  We congratulate both the UAE and Cameroon for this decision, and we look forward to working 
with them.  
4.24.  The representative of Tunisia  delivered the following statement : 
4.25.  We welcome the consensus reached between the two candidates and thank the United Arab 
Emirates and Cameroon for offering to host the Thirteenth and Fourteenth Mi nisterial Conferences. 
As an Arab and African country, we are doubly proud of the level of preparation of both countries to 
host events of this magnitude. We congratulate the United Arab Emirates on agreeing to host MC13; 
we are confident that the country will provide everything needed for Members to ensure the success 
of the Conference. We also thank Cameroon for agreeing to host MC14 and congratulate it on 
securing the confidence of the Members. Cameroon has shown remarkable flexibility and 
commitment to the fundamental principles of the Organization promoting consensus. We hope that 
these next two Conferences will maintain the positive momentum of MC12 and chart a better future 
for our Organization by achieving outcomes that meet Member expectations.  
4.26.  The representative of Mozambique  delivered the following statement : 
4.27.  Let me start by thanking you, Chair, and the Director -General, for the leadership and 
commitment to this process of consultations to conclude this important matter. My delegation is in 
agreeme nt with the consensus reached on the solution on the venue and the date of the Thirteenth 
Session of the Ministerial Conference and supports the designation of Cameroon as the host of MC14. 
We encourage the WTO to begin the necessary preparations for MC13 to take place in the United 
Arab Emirates. We urge Members to focus now their attention on discussing the implementation of 
MC12 outcomes and to bring solutions before MC13.  
4.28.  The representative of Nigeria  delivered the following statement:  
4.29.  We also wish to  express our support with the decision of the General Council on the hosting 
of MC13 and MC14 by the UAE and Cameroon respectively, and to thank them for their offers to 
host the next Ministerial Conferences. We also want to urge Members to speed up the pr ocess for 
the implementation from MC12, so that MC13 will have a positive report to take note of, and of 
course, that would encourage Ministers to adopt more decisions at MC13.  WT/GC/M/202  
 
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  4.30.  The representative of Indonesia  delivered the following statement:  
4.31.  Indonesia wo uld like to express its appreciation to the United Arab Emirates and Cameroon 
for their constructive spirit in reaching a consensus in determining the host for MC13 and MC14. We 
would also express our appreciation to the Director -General, the GC Chair and the Secretariat who 
have tirelessly facilitated the dialogue between the two Members. In this regard, Indonesia would 
like to express its support for the consensus that has been reached and congratulate the two 
Members. We wish the Government of the UAE an d the Government of Cameroon success in the 
preparation of the Ministerial Conferences.  
4.32.  The representative of Viet Nam  delivered the following statement:  
4.33.  The fact that the date and venue of the MC13 is now  formally set gives us a target to work 
towards. W ith great thanks to the Governments of Cameroon and the United Arab Emirates . We call 
for great efforts to achieve meaningful outcomes at MC13.  
4.34.  The representative of South Africa  provided the following statement:  
4.35.  We thank the Members for availing themselves for hosting the upcoming Conferences and for 
finding an amicable solution. We look forward to working with both Members to make the 
Conferences a success.  
4.36.  The General Council took note  of the statement by the Director -General and of the other 
statements.  
5  THE DEVELOPMENT ASSISTANCE ASPECTS OF COTTON – STATEMENT BY THE 
DIRECTOR -GENERAL  
5.1.  The Chair recalled that in 2004, the General Council had instructed the Secretariat to continue 
to work with the development commun ity and to provide the Council with periodic reports on the 
development assistance aspects of the Cotton Initiative. The Council had also instructed the Director -
General to consult with the relevant international organizations, including the Bretton Woods 
Institutions, the FAO and the ITC, to direct effectively existing programmes and any additional 
resources towards development of the economies where cotton has vital importance. The Bali and 
Nairobi Decisions had reaffirmed this mandate and invited the Dir ector-General to continue to 
provide periodic reports.  
5.2.  The Director -General  delivered the following statement : 
5.3.  Following the presentation of the 9th Periodic Report on the development assistance aspects of 
cotton in June this year in the context of MC12 ( WT/MIN(21)/5/Rev.1), I am pleased to report today 
that our work on the development assistance aspects of cotton has continued to progress remarkably 
well throughout 2022. We have achieved excellent results both in terms of regular work under my 
Consultativ e Framework Mechanism on Cotton, and in terms of special activities and initiatives. 
Firstly, it is important to acknowledge the leading role, engagement, and persistence of the C -4 
countries (Benin, Burkina Faso, Chad, Mali and Côte d'Ivoire). This has be en essential for achieving 
results in our work on cotton. Thus, I wish to compliment them for their  continuous engagement 
and proposals in this area of our work.  
5.4.  On our "regular work ", the monitoring of development assistance projects benefitting the 
cotton sector of the C -4 and other developing countries has seen the following advancements 
reflected in the "Evolving Table" circulated on 31 October 202218: The total number of currently 
active projects under Part I "Cotton -specific development assistance" increased to 29 (up from 26 
in the previous tally). For demand -driven projects, a total of 11 project requests have been 
submitted by Benin, Burkina Faso,  Burundi, Cameroon, Mali, and the C -4 as a group, for 
consideration. Some of these have captured the interest of donors at the Second Partners' 
Conference we held here at the end of July, on which I will tell you more shortly. Committed amounts 
for active cotton specific projects recorded in the Evolving Table increased from USD 199 million  in 
May this year, to USD 225 million  in November. Two Thematic Sessions were organized by the WTO 
 
18 See document WT/CFMC/ 6/Rev.33.  WT/GC/M/202  
 
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  Secretariat upon demand by Members, to examine: (i ) supply chain disruptions affecting cotton 
exports from LDCs and (ii) the situation of fertilizers availability and trade in cotton -producing 
developing countries and LDCs. They were commended by Members and appreciated for their 
timeliness and pragmatism . I would like to particularly thank the Members and multilateral agencies 
who reported active cotton specific projects in the November 2022 revision of the Evolving Table: 
the European Union, France, Germany, Italy, the Netherlands, Sweden and Switzerland . Cotton is 
vital for the livelihoods of millions of people in some of the poorest regions of the world, so supporting 
cotton development projects today means supporting women and youth empowerment, poverty 
alleviation, job creation and social inclusion. S o, my gratitude truly goes to everyone who supports 
the development of the cotton sector in the C -4 countries and in other developing countries and 
LDCs. In addition, I wish to thank Brazil and India for their engagements under the South-South 
cooperation chapter of the Evolving Table, and the Convention on Biological Diversity (CBD), the 
Enhanced Integrated Framework (EIF), the FAO, ITC, the Organisation of the African, Caribbean and 
Pacific States (OACPS) and the Common Fund for Commodities (CFC) for thei r engagements under 
the multilateral agencies chapter of the Table.  
5.5.  Regarding cotton "special activities and initiatives " organized this year, I would like to report 
on three key initiatives: (i) the Partners' Conference I mentioned before; (ii) the celebr ations of 
World Cotton Day; and (iii) the cooperation with FIFA we started at the end of September this year. 
The Partners' Conference was held on 27  July, at the request of the C -4, on the margins of the Aid 
for Trade Global Review. Its impact has been ve ry positive: The project proposals tabled by the C -4 
and the other beneficiaries ahead of the conference included the regional Cotton Roadmap Project – 
highlighted by the C -4 as their top priority – as well as important national projects to support 
sustain able cotton production and supply chain development. The donors' community reacted 
positively, with Afreximbank making a financial pledge of support for project preparation work and 
a Call for Action to support C -4 cotton development plans signed by severa l participants (the C -4, 
Afreximbank, Better Cotton, ITC, UNIDO, UNCTAD and the ACP Secretariat) at the end of the 
meeting. World Cotton Day celebrations were held on the 7 October, now officially proclaimed by 
the UN General Assembly as the International Day of Cotton, thanks to the initiative put forward at 
the WTO by the C -4 back in 2019. The FAO Headquarters in Rome hosted a high -level event, opened 
by FAO Director -General Qu Dongyu, and attended by the Minister of Trade and Industry of the 
Republic of Chad, H.E. Ali Djadda Kampard. Ministers of Benin, Brazil, China, Peru and 
representatives of the founding partner organizations of World Cotton Day — the WTO, represented 
by DDG Paugam, UNCTAD, ITC, and the International Cotton Advisory Committee (ICAC). On 27 
September, the WTO signed an MoU with FIFA on the margins of the WTO Public Forum. The main 
focus of the WTO -FIFA MoU is on opportunities to enhance the participation of the (C -4), Côte 
d'Ivoire and other LDC cotton producers in global football appar el value chains. Early stages of work 
have focused on how FIFA's existing programmes supporting procurement of apparel by national 
football associations might help value addition activities in the cotton sector of the C -4 and Côte 
d'Ivoire. There appears t o be no large-scale manufacturing currently in these countries, so the 
current focus is on: A baseline analysis of national capacity to produce high -quality cotton -made 
apparel in the C -4 and Côte d'Ivoire and links with national football federations ; and feasibility of 
developing new fibre lines targeting sportswear, combining the use of recycled plastics from the C4 
and sustainable cotton. WTO and FIFA are working closely with ITC and the United Nations Industrial 
Development Organization (UNIDO) in the f ramework of this cooperation.  
5.6.  Let me conclude by adding few thoughts on this FIFA -WTO cooperation on cotton. This FIFA -
WTO MoU provides an unprecedented operational platform to mobilize investments and technical 
expertise to support textile and apparel val ue chain development in the C -4 and Côte d'Ivoire and 
LDCs in general. Leveraging on the FIFA -WTO initiative, global sportswear brands could also be 
engaged to support the development of national/sub -regional and regional cotton -to-textile and 
apparel valu e chains in West Africa. For FIFA and the WTO, the ultimate goal is to mobilize resources 
for the development of cotton to textile and apparel value chains in partner LDCs and African 
countries; with these efforts we aim to help advance the operationalizat ion of the C -4's Cotton 
Roadmap. During my recently concluded visit to the Pacific, I took the opportunity to raise with the 
Prime Ministers of Australia and New Zealand the need to explore avenues through which the 
upcoming Women's World Cup can provide a  platform to give visibility to C -4 cotton. Let me say 
that the outlook for next year looks really promising for cotton development assistance, both on the 
front of regular work and on that of special initiatives; in particular, I am determined that the 
collaboration with FIFA will have an instrumental impact on the development of the cotton sector in 
the C -4 and Côte d'Ivoire.  WT/GC/M/202  
 
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  5.7.  The representative of Djibouti , on behalf of the LDC Group , delivered the following statement : 
5.8.  The LDC Group thanks the Director -General and takes note of her report on the development 
assistance aspects of cotton. Cotton is a strategic commodity in the economies of several LDCs. It 
is both a commodity and a source of livelihood and income for millions of people around the world, 
particularly in LDCs. The group welcomes the 37th round of consultations under the 
Director -General's Consultative Framework Mechanism for Cotton, held on 11 May 2022,  and the 
celebration of World Cotton Day on 7 October. The Group also takes note of the evol ution of cotton 
production and exports from LDCs. We note the impact of the COVID -19 pandemic and geopolitical 
tensions on LDCs' production and exports. The Group commends all development partners who have 
provided support to cotton producing LDCs through the implementation of different types of 
development projects. Finally, the LDC Group supports the C -4 statement on this agenda item.  
5.9.  The representative of Cameroon , on behalf of the African Group , delivered the following 
statement:  
5.10.  The 44 members of the A frican Group thank the Director -General for her report as well as the 
efforts to move forward these delicate discussions. We agree with the comments made by the C -4 
on behalf of all the African cotton -producing countries. It is important to remember that t he cotton 
assistance development programme is an attempt to address the impasse in the discussions on 
cotton subsidies. It is therefore a constructive space that allows for discussion and the provision of 
targeted responses to points of common interest. Th e programme largely depends on the willingness 
of the partners, and we call on them to take more concrete action in favour of projects submitted 
by producing countries, particularly as this assistance programme cannot really compensate for the 
losses and h arm that states are experiencing as a result of cotton subsidies. We will continue to 
work towards finding sustainable and effective solutions for cotton producers in Africa and other 
developing countries.  
5.11.  The representative of Chad, on behalf of the C -4 and the 36 African Country Cotton and Cotton 
Product Producers and/or Exporters , delivered the following statement:  
5.12.  On behalf of the members of the Sectoral Initiative in Favour of Cotton (C -4), the Republic of 
Côte d'Ivoire and all 36 African countries producing and/or exporting cotton and its by -products, I 
would like to once again express our deep gratitude to the WTO Secretariat, the Director -General 
and all our partners who provide us with useful support, wise counsel and relevant analysis in respect 
of the fulfilment of our objectives regarding the emblematic issue of cotton at the WTO. The C -4 
take note of your report on the development assistance aspects of cotton. Cotton is a crucial sector 
that accounts for more than 40 per cent of the export income of the C -4 countries and up to 70 per 
cent of agricultural export income. These figures highlight the weight and importance of trade in 
cotton for the C -4. We welcome the success of the Partners' Conference in July 2022. This gathering 
was of  paramount importance to us, since it touched on the issue of developing our cotton sector 
through financial resource mobilization and technical expertise with a view to implementing the 
various projects we proposed. It also addressed support for the recon struction of the cotton sector 
following the pandemic, and the pandemic's ongoing impact on the supply chain. The development 
partners play a key role in our capacity to develop our cotton production, improve its quality, and 
ensure that our raw output is processed into higher value finished products that can then be exported 
to various markets. We therefore reiterate our call to the technical and financial partners to support 
us in the effective implementation of the priorities identified by the C -4. 
5.13.  The C -4 also welcome the signing of a Memorandum of Understanding (MoU) between FIFA 
and the WTO. The C -4 take this opportunity to thank the Director -General for her continued 
commitment, and very much welcomes FIFA's support in ensuring greater well -being for cotton 
producers in our respective countries. This initiative is a major and historic achievement for two 
large international institutions (FIFA and the WTO). It will give a dynamic boost to international 
trade, growth and sustainable economic development,  particularly for the most fragile countries. 
The MoU highlights the cotton issue in LDCs, particularly those of the C -4, and clearly demonstrates 
the commitment of FIFA and the WTO to supporting our countries' efforts to develop cotton value 
chains, parti cularly in relation to the cotton textile component. This commitment includes support 
for cotton sector productivity, marketing and competitiveness. For the C -4, this MoU helps 
strengthen a common vision, an inclusive and lasting partnership and a choice t hat makes 
cooperation and negotiation the preferred instruments for finding, within the WTO framework, the 
most appropriate solutions to the cotton issue. This cooperation, which should be dynamic and WT/GC/M/202  
 
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  diverse, is now more than ever indispensable if our cou ntries are to bounce back from the various 
ongoing crises, build back better and contribute to the achievement of the SDGs. The diligent 
implementation of the MoU, which we encourage, will constitute a meaningful response enabling us 
to address the current  trends in cotton productivity and processing in Africa that fully justify the 
urgency attached to the issue. Creating employment for young people is also important if we are to 
halt the rural exodus that results in waves of migration to Europe. For this r eason, we view the MoU 
between FIFA and the WTO as a ray of hope that will significantly contribute to support for the 
development of the cotton sector in Africa and, in particular, LDCs.  
5.14.  Lastly, Chair, a number of interesting discussions on cotton took p lace on 7 October 2022 at 
the World Cotton Day event in Rome, Italy. The 2022 edition of World Cotton Day focused on the 
measures and solutions that can be implemented to enhance the visibility of the cotton sector and 
ensure it has a brighter future. It w as emphasized that no challenge is more damaging to 
smallholders than the lack of access to information and the necessary resources. We believe that 
technology could help provide cotton farmers with the appropriate tools. We need a relevant transfer 
of tec hnology in the area of cotton. It was also recalled that cotton is a vehicle for the development 
of other high export potential crops that can increase producers' incomes. This occurs, in particular, 
through the manufacture of compost and the cultivation o f mushrooms, etc. Investment is 
considered vital for boosting production and yields. The development of new seed varieties resistant 
to climate change and pests has also been identified as relevant. The C -4 will work tirelessly to 
achieve its objectives in  an optimal manner, not only for the development component of cotton, but 
also the trade component. This will involve negotiating, with our partners, specific modalities for 
capping and phasing out all forms of trade -distorting support in the cotton sector . We hope that 
together we will achieve successful outcomes by MC13. The C -4 reiterate their commitment to 
working towards strengthening the multilateral trading system through concrete outcomes that will, 
over time, have a significant impact on the living  conditions of millions of people in Africa who are 
unable to enjoy the benefits and opportunities provided by international trade.  
5.15.  The representative of Kenya, on behalf of the ACP Group , delivered the following statement:  
5.16.  The ACP Group thanks the Directo r General for the presentation of her report on the 
development assistance for cotton. It also supports the statement made by Chad on behalf of the 
C-4. The cotton trade is essential for economic development, poverty reduction in rural areas, and 
food secu rity for millions of people in Africa, and particularly for the economies of the C -4 countries 
(Benin, Burkina Faso, Chad and Mali) and Cote d'Ivoire. The ACP Group stresses the need to work 
on the issue of the valorisation  and transformation of cotton by -products by proposing innovative 
approaches and integrating all relevant segments. We urge technical and financial partners to 
contribute to the implementation of integrative programs and projects likely to promote the 
production, processing and marketing of cotton and its by -products. We recall that the various 
rounds of negotiations conducted since 2003 culminated in the Hong Kong Ministerial Decision of 
2005, which mandated WTO Members to address the cotton issue ambitiously, expeditiously and 
specifical ly, within the framework of the agriculture negotiations, with a view to finding a negotiated 
solution aimed at eliminating all forms of subsidies and domestic support that distort the 
international cotton market. This mandate was reaffirmed at the Ministe rial Conferences in Bali in 
2013 and Nairobi in 2015 and remains in force. Pursuant to this mandate, the C -4 has taken several 
initiatives, the most recent being the draft decision submitted for adoption at the MC12, which 
proposed concrete modalities for reducing domestic support for cotton. Despite the flexibilities and 
concessions made, the C -4 was unable to maintain the draft decision in the discussions. The ACP 
Group believes that MC13 should be the Ministerial Conference on Agriculture and supports an  open, 
transparent, inclusive and balanced process for agricultural negotiations. It is important to ensure 
that the specificity of cotton is not diluted in a broad agricultural package, and it is fundamental to 
find a consensus on the emblematic issue of cotton at the WTO.   
5.17.  The representative of China  delivered the following statement:  
5.18.  China thanks DG's report and  commends the WTO's efforts as well as its close collaboration 
with other international institutions, including FAO and FIFA. China is the world' s largest producer, 
consumer and importer of cotton. China imported 2.23 million tons of cotton in 2021. About 155 '000 
tons were from Africa, 1.8 percentage increase than 2020. In recent years, China has actively 
supported the C -4 participating and hosting  World Cotton Day. Besides, we have been constantly 
sending expert teams to offer cotton technical assistance ，providing cotton seeds, fertilizer and WT/GC/M/202  
 
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  other materials ，training experts of cotton -producing African countries. In the  last two years, China 
implem ented three South -South  cooperation projects on agriculture in Africa, including cotton.  At 
the same time, we work intensively with C -4 partners for  cooperation on the development and 
utilization of cotton  by-products.  China is looking forward to further c ooperation with C -4 and other 
cotton -producing African countries through  multilateral and bilateral channels.  
5.19.  The representative of the European Union  delivered the following statement:  
5.20.  The European Union would like to thank the Director -General for overseeing the work on 
development assistance to cotton. Following the Nairobi Decision on cotton, the European Union has 
continued to support efforts and contributions to enhance the producti on, productivity and 
competitiveness of the cotton sector in developing country Members, especially the LDCs. It is to be 
underlined that in 2021, European Union member States increased development cooperation to the 
cotton sector in developing countries, especially in Africa and the C4 countries. The European Union 
has been an engaged partner at WTO level, at regional level and at national level in partner countries 
where cotton has been identified as a priority sector. The European Union also recognises t he 
importance of cotton by -products specifically in our programming. For example, EU's 2020 -2023 
programme in West Africa on competitiveness specifically includes a focus on the cottonseed oil 
sector. The EU's objectives in supporting sustainable and inclu sive cotton by -product value chains 
are to ensure an income to smallholder farmers but also a decent life and improved resilience for 
thousands of small producers in developing countries and especially LDCs. This is done while 
respecting also the needs to make production much more sustainable. This is achieved by promoting 
and providing financial support to agro -ecological practices and organic cotton production.  
5.21.  The representative of India delivered the following statement:  
5.22.  I would like to thank  the Direct or-General for her report. On this subject, India under the 
South -South cooperation has been engaging meaningfully in providing assistance to strengthen the 
agricultural and textile part of the cotton value chain in Africa. We remain committed to building on 
our long-standing  development partnership with Africa  - especially in the field of cotton. Based on 
the success of TAP -1 program mes, India is presently engaged in designing  TAP-2. In its second 
phase, the TAP program me will cover a total of 11 African c ountries , including the C -4. This 
program me is going to be implemented over a period of five years. The program me is likely to focus 
on increasing cotton production and improving the post -harvest and plant residue -based industry in 
the participating countr ies as well as building the capacity of the cotton -based textile sector in these 
countries. Symbolically , I would just like to remind the WTO membership of India's gift  in 2019 
during Cotton Day - as a symbol of the value addition in the cotton value chain  - the spinning wheel , 
which  is displayed near the WTO atrium.  
5.23.  The representative of South Africa  provided  the following statement:  
5.24.  South Africa associates itself with the African Group position.  
5.25.  The Ge neral Council took note  of the statement by the Director -General and of the other 
statements.  
6  COMMITTEE ON BUDGET, FINANCE AND ADMINISTRATION – REPORTS ON MEETINGS 
OF 22 SEPTEMBER, 5 OCTOBER, 8 NOVEMBER, 1 AND 5 DECEMBER 2022 (WT/BFA/206, 
WT/BFA/207, WT/BFA/208, WT/BFA/209 ) 
6.1.  The Chair drew Members'  attention to the reports of the Committee on Budget, Finance and 
Administration, contained in documents WT/BFA/206, WT/BFA /207, WT/BFA /208 and WT/BFA /209, 
and invite d Ambassador  Bettina  Waldmann  (Germany), Chair of the CBFA, to report o n the 
discussions in the CBFA.  
6.2.  Ambassador Bettina Waldmann (Germany), Chair of the Committee on Budget, Finance and 
Administration , delivered the following statement:  
6.3.  Thank you for your kind words regarding the significant process reforms that the CBFA ha s 
adopted and is implementing successfully. Since my last report to the General Council, the CBFA has 
met on several occasions. I would like to present to you the CBFA reports for  the meetings that took WT/GC/M/202  
 
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  place in September, October, November, and December. My remarks today will focus on the items 
recommended for approval by the General Council.  The reports of those meetings can be found in 
documents WT/BFA/206 to WT/BFA/209. I will turn now to recommendations endorsed by the CBFA.  
6.4.  On the Transfers between Bu dgetary Sections and the 2021 Audited Financial Statements in 
WT/BFA/W/588 , I am pleased to report that the CBFA endorsed (at its meeting held on 
22 September) the WTO Audited Financial Statements for the year ended 31 December 2021. The 
Committee also endorsed the transfers between budgetary sections outlined in paragraph 2.33 of 
document WT/BFA/W/588. With respect to these items, the CBFA is submitti ng the following 
recommendations to the General Council for approval : 
a. The Committee recommends that the General Council approve the transfers between 
budgetary sections as outlined in paragraph 2.33 of document WT/BFA/W/588. The 
Committee further recommend s that the General Council approve the WTO Audited 
Financial Statements for the year ended 31 December 2021.  
6.5.  On the Proposed Utilization of the 2021 Budgetary Surplus in WT/BFA/W/614 , I am also pleased 
to report that the CBFA endorsed  (at its meeting on 5 December) the use the 2021 budgetary surplus 
to cover mandatory and unavoidable expenses arising in 2023. The CBFA discussed the proposal 
over the course of several meetings. The discussions were constructive and helped clarify the 
important context for th e proposal , including the significant increases in external, contractual, and 
other unavoidable costs. Members expressed strong support for the use of the surplus to cover these 
mandatory expenses. They also expressed appreciation for the work of the Secre tariat and noted 
the importance of ensuring that the Organization has the resources it requires to fulfil its mandate. 
Members further acknowledged that the costs of energy, interpretation, and other necessary services 
have increased in recent years. Again st this backdrop of rising economic challenges and inflationary 
pressures, Members viewed the proposed utilization of the 2021 budgetary surplus as a reasonable 
way to cope with the difficult financial situation it is facing in 2023. Regarding the budgetar y needs 
of the Organization for 2024 and 2025, Members noted that this would be discussed in the context 
of the next budget cycle.  
6.6.  While noting that the WTO meetings are a major driver of the budget, because they cost staff 
time, interpretation and it is one of the justifications for increase in budget and the use of budget 
surplus, one delegation emphasized during the discussion of the surplus that expenses for activities 
involving a subset of Members should be segregated from the expenses for meetings of  the regular 
bodies and negotiating bodies of the WTO, so that Members could consider how those activities 
should be managed. Another Member noted in informal consultations that it is appropriate to use 
the surplus for energy expenses but that all other ex penses should be paid out of the regular budget 
or the Building Renovation Fund. Other Members who responded to the invitation to participate in 
consultations gave their support for the proposal.  
6.7.  I am pleased to report that following a positive and open ex change, the CBFA endorsed  the 
following recommendation and is submitting it to the General Council for approval:  
"Having considered Table 1 contained in document WT/BFA/W/614 and acknowledging the 
ongoing exchange of information, the Committee on Budget Finance and Administration 
(CBFA) recommends to the General Council that the WTO Budgetary Surplus as at 
31 December 2021, amounting to CHF 6 million, be exclusively utilized to cover mandatory 
and unavoidable expenses. " 
6.8.  On the Complete Set of Revis ed Financial Regulations of the WTO in WT/BFA/W/610 , you will 
recall that the CBFA has been reviewing the WTO Financial Regulations for several years now. We 
have previously agreed upon specific revisions to Financial Regulations 4, 17, 23, 26, 27, 29, 37,  38 
and 42. Following extensive discussions, the CBFA has also agreed on changes to Financial 
Regulation 19 (regarding voluntary contributions to trust funds).  
6.9.  I am pleased to report to you that the CBFA endorsed  (at its meeting held on 8 November) the 
full set of revised Financial Regulations of the WTO, as set out in document WT/BFA/W/610. With 
respect to this item, the CBFA is submitting the following recommendation to the General Council 
for approval : WT/GC/M/202  
 
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  "The Committee recommends that the General Council approve the Revised WTO Financial 
Regulations annexed to document WT/BFA/W/610. " 
6.10.  On the WTO 2022 -2023 Mid -Term Budget Review in WT/BFA/W/607 and 2023 Scale of 
Contributions in WT/BFA/W/616 , after several meetings and discussions pertaining to the 2022 -23 
mid-term budget review, set out in document WT/BFA/W/607, the CBFA decided to defer further 
consideration of the proposed revision to the 2023 budget amount and to continue the conversations 
in the context of the biennial budgeting process for 2024 -2025. In  view of this, the approved budget 
for 2023, amounting to CHF 197,203,900, remains unchanged, and is to be funded to an amount of 
CHF 195.5 million from assessed contributions from Members and CHF 1,703,900 from 
miscellaneous income. The assessed contribut ions from Members for 2023 are based on the updated 
trade statistics, as foreseen in Financial Regulation 12 and in keeping with routine practice every 
year. The CBFA endorsed the following recommendation and is submitting it to the General Council 
for app roval:  
"The Committee on Budget Finance and Administration (CBFA) recommends to the General 
Council to approve the 2023 scale of assessed contributions contained in Table 1 of the 
document WT/BFA/W/616. " 
6.11.  Relating to the medium and longer -term financial needs of the Organization, the CBFA is 
continuing its work in several areas:  (i) Long-term liabilities: This relates to pensions and after 
service health insurance (ASHI) – and more broadly to the financial health of the WTO going forward. 
The issue was on the agenda of the CBFA recently on 8 November and 1 December. As I have 
reported to you earlier, the long -term liabilities of the Organization are very significant. The 
Management Board of the WTO Pension P lan has recommended corrective action to address the 
actuarial gap in the pension plan. Details can be found in document WT/BFA/W/613. The CBFA will 
continue to discuss the matter and review different options for action.  (ii) 2022-2023 Mid -term 
budget revi ew: The Secretariat presented, in early October, a proposal for a revised 2023 budget, 
bearing in mind current inflationary pressures, energy prices, and the financial needs of the 
Organization. The proposal is contained in document WT/BFA/607. The proposa l was discussed at 
the CBFA in October and November, and the Secretariat provided responses to questions raised by 
Members in document WT/BFA/INF/16. In addition, DDG Ellard and I held a series of informal 
consultations with delegations on the matter. At i ts meeting held on 1  December, the CBFA decided 
to set aside for now its discussion of the proposal. Instead, the discussion will continue in the context 
of the biennial budgeting process for 2024 -2025.  (iii) Secretariat transformation exercise: As I have 
reported to you previously, work has been carried out in several areas including: rewards (outside 
of promotion), procurement, risk management, promotions process, mobility, recruitment, and 
career pathways. Work has also been carried out on data, technolo gy, and innovation. The 
Secretariat transformation exercise will continue to be on the agenda of the CBFA as it moves 
forward, ultimately with a focus on the strategic direction of the Secretariat. (iv) Establishment of a 
Voluntary Fisheries Funding Mechan ism: You will also recall that Members agreed to establish a 
voluntary funding mechanism under Article 7 of the Agreement on Fisheries Subsidies to provide 
developing country and LDC Members with targeted technical assistance and capacity building to 
imple ment the Agreement. The Secretariat presented consecutive versions of a concept note for the 
Fund, taking into account Member comments and culminating with the submission to the CBFA of 
the plan and budget for the Fund . The Secretariat certified that the m echanism will be exclusively 
funded by voluntary contributions without additional financial obligations for the Organization . The 
Fund was notified to Members during the CBFA on 8  November  2022, and so the Fund is now 
established.  This concludes my report.  
6.12.  The Chair thanked the CBFA Chair for her report, and asked Members if they were in a position 
to approve the recommendations of the CBFA.  
6.13.  The representative of India delivered the following statement:   
6.14.  India would like to thank the CBFA Chair for her report. While welcoming and congratulating 
the WTO membership on adopting the complete set of revised financial regulations of the WTO. India 
has an issue with the use of the surplus fund and therefore we wo uld not like to take it up as 
approved in the General Council. There is a background to this and on 2 December, India tried to 
explain the apprehensions with the CBFA and the concerned DDG and there are four or five issues 
which India would like to further  discuss before approving this.  WT/GC/M/202  
 
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  6.15.  The representative of Singapore  delivered  the following statement : 
6.16.  Let me begin by expressing my appreciation to the CBFA Chair, Ambassador Waldmann, 
DDG Angela Ellard and the Secretariat team for working hard to "keep the lights on" in the WTO. 
Allow me to make three points.  First, it is deeply troubling that the CBFA's recommendation on the 
utilisation of the 2021 budget surplus for mandatory and unavoidable expenses, which had been 
approved by all Members in the CBFA, is in danger of unravelling. Procedurally, it sets an extremely 
bad precedence . If Members are allowed to unravel decisions that have been adopted by consensus, 
then there is little basis for mutual trust, which is so critical to sustain our work in the WTO. In this 
particular instance, the CBFA had robust and thorough discussion concerning the utilisation of the 
2021 budget surplus and re -opening the issue at the General Council makes a mockery of the CBFA. 
Second, blocking the use of the 202 1 budget surplus will jeopardi ze the effective operations of the 
WTO. It is undeniable that operational costs have spiked significantly. For example, the costs of 
electricity, gas and fuel are projected to increase by 236 per cent in Switzerland over the next two 
years. It  is unacceptable for any Member to resort to such cynical tactics that will undermine the 
smooth and effective operations of the WTO. Third, and most importantly, this episode underlines 
the dire need for Members to seriously consider how we can encourage responsible consensus 
decision -making. As a small trade -dependent Member, Singapore attaches the greatest importance 
to the consensus decision -making process. However, as we have witnessed, the consensus model 
has been abused to block and veto even routine  issues like the budget. Such irresponsible behaviour 
has undermined the WTO and it is high time for all Members to address this challenge seriously. I 
propose that the General Council  adopts the CBFA report and record s any reservations expressed. 
This wil l ensure that the operational effectiveness of the WTO, which is our primary objective, will 
not be compromised.  
6.17.  The representative of the European Union  delivered the following statement : 
6.18.  The European Union thanks the  CBFA  Chair for her report.  We too have  serious concerns with 
the way that we have been operating  in this Organi zation.  Instead of focusing on the many 
substantive issues that we have ahead of us and that have been laid out by Ministers at MC12 , we 
are constant ly facing procedural stand -offs because of the way some Members apply and understand 
the notion of consensus. This has manifested itself on  the question of  chairmanships for the  
negotiating group on  rules (fisheries) and the CoA SS  – where one or two Members are able  to block 
the nominations. We have  been unable to take forward the second stage of the  fisheries negotiations 
or to start a serious consideration of what to do on  agriculture reform  – which is much more 
important than be ing stuck on the question of Chairs . The issue arises again on this CBFA item on 
the use of the exceptional allocation of the 2021 surplus. We understand that many Members had 
questions on using the surplus. India reservations were put forward and discusse d during the CBFA 
meetings. Other Members rallied around consensus,  but again we see that one Member is not moving 
from its potion and  continues to insist on the points that were discussed and not supported in the 
discussions in the CBFA.  The way consensus  is interpreted is prejudicial to the  larger interest of the  
membership or to the big challenges that the MTS is facing. Today, on this particular case, it is even 
more serious, it is not only the rule of consensus that is being jeopardized and misinterpre ted. We 
are seeing today that the consensus that was reached at the level of the CBFA is being reopened in 
the next  instance . This is completely unworkable. Our call to India is to please join the consensus 
on this like all other Members have done. I think  it is time that we take a serious attitude and join 
the consensus. We cannot get everything; everyone had to concede and is ready to do so. We call 
on India to join the consensus on this matter.   
6.19.  The representative of Switzerland  delivered the following s tatement : 
6.20.  For Switzerland, it is important that the WTO has the necessary resources to fulfil its mandate. 
The Organization's financial stability is important to us, not least as host state of this Organization. 
The proposed utilization of the 2021 budgeta ry surplus is in our view well motivated, transparent 
and reasonable. It allows the Secretariat to cope with the most pressing needs under the current 
circumstances of inflation and unforeseen raising costs. We had thorough discussions in the CBFA, 
many qu estions were asked, and many questions provided, and we reached consensus after a long 
process. We call on all Members to stick to this consensus. We fully echo the concerns voiced by 
Singapore and the European Union.  
6.21.  The representative of Japan  delivered the following statement : WT/GC/M/202  
 
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  6.22.  My delegation also joins the concerns which have been expressed by the EU, Singapore and 
Switzerland. The recommendation by the CBFA to allow utilization of the 2021 budget surplus of 
CHF 6 million was approved by consensus in the last CBFA meeting. In that meeting, Japan made 
clear our will to join the consensus and this position remains unchanged. We are surprised by the 
proposals which have just been made by India that they need to have further discussions on this 
budget plan inc luding four or five issues that we were not aware of. We are already at the end of 
the year, and this is the final General Council meeting. In this way , we cannot manage in any 
international organizations in an appropriate manner, and we very much deplore the current 
situation.  
6.23.  The representative of Cameroon , on behalf of the African Group , delivered the following 
statement:  
6.24.  I would like to follow  the delegations that  have just intervened. I believe I speak in both my 
national capacity and on behalf of the  African Group, we support  the proposal put forward by the 
CBFA Chair on the  use of the budgetary surplus.  It is a pertinent proposal we therefor e support it.  
6.25.  The representative of the United Kingdom  delivered the following statement:   
6.26.  Merely to echo the sentiments of many other colleagues around this room to pay tribute to 
Ambassador Waldman's work on this and to hope that we can all join consensus this afternoon to 
ensure that this Organization serv es the interests of all Members and keep s functioning in the way 
that we would like it to do so.  
6.27.  The representative of  the Republic of Korea  delivered the following statement : 
6.28.  My delegation is confused, surprised and frustrated. Consensus was achieved on h ow to deal 
with the 2021 WTO budget ary surplus issue at the CBFA after long and arduous discussions, and the 
General Council should be a house of empowering consensus and affirming the decisions made, and 
not to be used as a means for unravelling the hard -earned consensus in the Committees and 
Councils.  We hope the recommendation from the CBFA should stand and so be passed in the General 
Council.  
6.29.  The representative of Nigeria  delivered the following statement:   
6.30.  Our delegation has actively participated in al l of the meetings of the CBFA. We reasoned with 
the presentation made . As it has been alluded here , many questions were asked by Members and 
responses were forwarded. We are convinced that for this Organization to be as effective and 
efficient, as Members have been urging to be done in line with the WTO reform agenda, the WTO 
needs funds to use in order to support Members in achieving those objectives . In that regard, we 
associate ourselves fully with the s tatements made by others in terms of the consideration of the 
suggestions by the CBFA Chair. Therefore, we urge Members who have some concerns to reconsider, 
so that we can approve these suggestions in this General Council so that by next year, the WTO wil l 
effectively perform its functions as we have been calling for.  
6.31.  The representative of China  delivered the following statement:  
6.32.  China would like to thank  the CBFA Chair, DDG Ellard and the Secretariat  for their  hard work 
and consultations on the use of yea r 2021 surplus. We also want to  thank all the Members for their 
cooperation and flexibility and having the recommendation to the General Council  endorsed in the 
CBFA.  With the current economic challenges such as inflation and  rising energy costs, China sup ports 
to use 6  million surplus to  address the urgent needs of the WTO arising out of contractual  obligations 
and mandatory costs. We understand the use of  6 million is a one -off situation and cannot create a 
new baseline  for the budget or be used by the Se cretariat to engage in any  long-term commitments. 
The Secretariat 's proposal indicates  that the surplus will be used on 6 items. We appreciate this  
transparency and encourage the Secretariat continue to do so.  We also trust the Secretariat that 
they will u se Members ' money  in a prudent way.  
6.33.  The representative of Türkiye  delivered the following statement : WT/GC/M/202  
 
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  6.34.  I thank the CBFA Chair Ambassador Waldmann  for her report. During the last two and a half 
months, through discussions at the CBFA, Members have heard about the challenges and difficulties 
that the Secretariat is facing due to a zero nominal budget growth since 2012. During these 
discussions, we ha ve learnt that the Organization will not be able to cover mandatory and 
unavoidable costs next year. Some of these costs are related to electricity, gas and fuel, contractual 
payments to service providers, interpreters, mandatory adjustment to salary scale s and insurance. 
In this regard, we support the endorsement of the recommendation made by the CBFA on 
5 December and hope that the General Council can make a decision.  
6.35.  The representative of Indonesia  provided  the following statement:   
6.36.  Indonesia would like to thank the Chair of CBFA Ambassador Waldman, DDG Angela Ellard, 
and the Secretariat for preparing the draft report. We also appreciate their efforts in actively 
engaging the Members to find ways in settling some budgetary issues under the purview of the 
CBFA. We hope that such constructive and communicative spirit could be maintained in future 
discussions. In this regard, Indonesia joins the consensus on the proposed decisions on the utilization 
of budget surplus and the scale of contribution.  
6.37.  The represe ntative of South Africa  provided  the following statement:  
6.38.  We also thank the CBFA Chair for her tireless efforts in assisting Members to reach 
convergence on the most efficient, equitable and pragmatic ways to allocate the WTO's financial 
resources. The imp ortant role of the Secretariat in supporting the membership on issues mandated 
by our Ministers is acknowledged. However, there are areas of work proposed in WT/BFA/W/607 
that require further clarification. In some instances, it is not clear whether the Se cretariat cannot 
perform some of the functions with the existing staff compliment, secondly it is not clear where the 
mandate emanates for some of the functions that are envisaged. It is important for us that any 
budget and resources are geared towards pri orities that have collectively been agreed to by 
Members. We already have some Members that are struggling within the Africa Group to meet their 
commitments, we need to also be mindful of the implications for those Members. As we are currently 
engaged in c onsultation with capital, the decision to defer the CBFA discussion of the proposal set 
out in connection with the WTO 2022 -2023 Mid -term Budget Review is welcomed.  
6.39.  The representative of  India delivered the following statement:   
6.40.  After listening to all my previous speakers and colleagues, let me take few minutes to explain 
India's position. First of all, the fact that some of the items, which have been reiterated as essential 
and mandatory and for those items, the understanding of India was that those items  can be met 
from the surplus, and this has not been communicated to Members. It shows clear lack of 
transparency in the discussion because on 2 December when this issue was discussed, India clearly 
proposed that the utility bills which have gone because of  the higher rate must be adhered to and 
can be met from the surplus. Now, let me take each, point by point, because some of the colleagues 
have also referred to six items, though it has been removed from the final decision, but those six 
items started the ask for 6 million CHF. Let me clarify again. First of all, that WTO has CHF  197 
million budget to run for 2023 and that was approved in 2021. So, no catastrophe is going to fall if 
this 6 million are not decided today. Let us not, we hear from the same Mem bers that not to 
dramatize and not to make it sensational. CHF  197 million  – CHF 6 million is 3 per cent of the 
approved budget. So, are we saying that due to non -availability of 3 per cent on the first day of the 
financial year, it will shut down the nego tiations, it will keep the lights off. It is too much 
dramatization. Now let us come to each point. I would request Secretariat and its staff to listen very 
carefully. The proposal was that, of the 6 million , about 2.5 million, roughly because I do not hav e 
that table before me , 2.5 million is for meeting the staff remuneration and meeting the premium of 
staff health insurance policies. My strong objection , as a finance budget person , was that the first 
charge  - and please hear me carefully the Secretariat staff - that any budgeting , the first charge on 
the available budget will be on the salary, health, pension and insurance related activities.  
6.41.  The Chair said that the way the representative of India was addressing  the Secretariat was 
not acceptable  or appropriate  and invited  the representative  to adapt his tone and to speak in a 
manner that was more respectful of those people that were working very hard.  WT/GC/M/202  
 
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  6.42.  The representative of India delivered the following statement19: 
6.43.  I am completely respectful , please  do not insinuate this show of disrespect. My clarification is 
that in any budgeting principle, of the available budget, the first charge is on the salary, pension 
and committed liabilities of that Organization. So, it  was for me a surprise that we are saying that if 
CHF6 million is not available, then the Secretariat will not be able to get the salary for the  staff. It 
has alarmed me, and it is seconded by one of the reports we have now. We are hearing that there 
are unmatched pension liabilities. So, therefore my request in the 2 December discussion was that 
please do not use the surplus budget for the Secretariat staff remuneration and payment for the 
premium of the insurance. You first use CHF  197 for the use of sala ry and the premium payment on 
insurance and then after meeting those liabilities and commitment, if we have a problem on some 
discretionary expenditure, we can look at those discretionary expenditure but do not compromise 
on payment of salary and insurance  premium to staff. Whereas what I am getting now is completely 
an opposite narrative that India is coming in the way of payment of salary and insurance premium. 
It is not that, please let me explain again, that India will only ask that on the CHF  197 milli on 
approved budget, the first charge should be on the Secretariat to staff salary and on the insurance 
premium payment. Then a major component of that expenditure was on the audio -visual  system of 
rooms W and S. There my suggestion was that this requires m ultiyear liability and exactly for these 
kinds of renovation works, the WTO has a building renovation fund. That building renovation fund, 
I was told, has CHF  25 million available from our contribution from the past years. So, my request 
was that do not us e this surplus for work which can be taken up under the building renovation fund 
because already CHF  25 million are there, and the only difference was that the CBFA Chair and DDG 
were saying that we will start using that money from next year but not this y ear. There my 
apprehension was why get into this breaking up of this expenditure , when we can have the entire 
renovation work undertaken through the WTO building renovation fund. The third important item 
was on the utility bill which I have already said th at I had a very clear understanding - and I said 
that, please go ahead use the additional money for the additional tariffs which are coming because 
of the higher rates. So, these are the three broad things and the last one was on the interpretation, 
where we had asked certain details and the moment we get the details, we are willing to discuss 
and move ahead. So, please do not dramatize this. I have explained each item and I am willing to 
discuss it further.   
6.44.  The representative of Canada  delivered the following statement : 
6.45.  Canada has listened carefully to India's statement. We are surprised to hear these arguments 
today as we had no warning. We thought this issue had already been addressed within the CBFA.  
We will be unable to prepare for any meeting if Members choose to raise their concerns in this 
manner. This debate on technical matters should have happened in its designated Committee. If it 
had taken extra time, it would have taken extra time, but we should not be having this discussion  
here.  
6.46.  The Chair noted that this discussion was indeed of a technical nature . The Chair  acknowledg ed 
that every Member had the right to raise any issue at  the General Council.  
6.47.  The Director -General  delivered the following statement20: 
6.48.  I do not really have a great deal to say. I am quite surprised at what is happening. And this 
is why I have been turning to the DDG and everyone to better understand what is going on. I thought 
there was a consensus that had been agreed at the CBFA.  As the perm anent  representa tive of India 
said this is 3 per cent of the budget, CHF  6 million. We had asked for a budget increase, which we 
tabled, of 7.7 per cent ( CHF 15 million), which the CBFA had said it was unable to act on. This would 
be considered at the time of 2024 budget,  so we left that aside. We said ok, last year there was 
CHF 9 million surplus, we were asked to return it and we acted responsibly and returned it to 
Members. This year, the CHF  6 million surplus, it is 3 per cent, I think that the Secretariat  is not 
irresponsible. We would not come asking to use this money if we did not really see the need for it. 
 
19 At India's request, the communication on " Ensuring Transparency and Securing WTO Staff Interests in 
2023 Budgeting Process " in JOB/GC/327 -JOB/BFA/73 is included in the records of the meeting and can be found 
in Annex 1.  
20 At the Director -General's requ est, the "Elaboration of the Director -General's 19 December 2022 
statement regarding the use of budget surplus " in JOB/GC/328 – JOB/BFA/74 is included in the records of the 
meeting and can be found in Annex 2.  WT/GC/M/202  
 
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  I just find this whole debate astonishing. So let me tell you, as was said, it was a prerogative of any 
Member to block things and not allow them to  go forward, even after we thought we had consensus. 
It is very unfortunate,  but it is their right. But I have to tell you, I am not going into the details of 
all that was raised because I was not aware that this was going to go this way. I would be  remiss  if 
I do not tell you what would happen if we do not get the CHF 6 million. We were completely 
transparent, and I reject any notion that we have not acted transparently. We gave, from what I 
can see, the table and I am speaking to DDG Ellard - I was not at the CBFA meeting but I saw what 
went there and approved it – we were very transparent with Members. There are certain things that 
will not be done.  
6.49.  I will give you flavour:  (i) We will have to turn down the heating in winter . We will be talking 
to the Sw iss authorities. And the c ooling next summer . When you come back from this holiday, bring 
your thermal underwear because we are going to have to do that ; (ii) We will have to delay our 
plans to replace the failing audio -visual system in Rooms S  and W, unle ss and until we can achieve 
consensus to use the Building Renovation Fund.  Even if we do reach that consensus, the process will 
be lengthy and there will be a delay. In the meantime, the deterioration will continue, and meetings 
will be disrupted.  You had a taste of that today when a couple of Members were on ; (iii) We will 
have to cut back on support for virtual platforms like Interprefy, Webex and Zoom. We will of course 
not cancel any Member meetings, nor will this affect interpretation, but please do no t expect the 
seamless support for those participating virtually from their offices in Geneva, capitals, or elsewhere. 
You may experience delays in getting support for problems to do with  connectivity, testing and 
troubleshooting when you use these platform s. This cutback in support is going to  affect all Member 
meetings, including the GC and  the TNC, Committee meetings, Negotiating Groups, dispute 
settlement panels, technical assistance, regional group meetings, meetings called by any Member, 
and other even ts using a virtual platform ; (iv) We are going to  have to delay some of the 
improvements we were planning to our IT capabilities, including Documents Online.  I could go on 
and on.  
6.50.  As this was going on, I was just reflecting of what this will mean for the Organization and 
staff. These are just a few examples of we are going to have to do. In addition, I think, we are going 
to have to increase what we are charging of some parts of our premises. We will have to ask for 
more fees. We will also be looking at ot her ways to raise money. I want to repeat we are not 
irresponsible. I spent 7 years of my career as a Minister of Finance, and I think I know when to ask 
for use of resources and when not to. What is being said here, is as if staff has acted irresponsibly 
and that is not the case. We take the part that there is no consensus, and all I can do is to tell you 
what the fallback of this will be.  
6.51.  The Chair thanked the Director -General for her statement and noted that in light of the 
discussion that ha d taken place, he understood  that there was no consensus on one recommendation 
put forward by the CBFA Chair , i.e., the recommendation  on the Budgetary Surplus and that further 
discussions were needed and would take place in the near future.  
6.52.  The General Co uncil approve d the other recommendations put forward by the CBFA Chair, 
namely:  
a. paragraphs 5.17 and 5.18 of the report contained in WT/BFA/206, recommending that the 
General Council approve the transfers between budgetary sections, as outlined in 
paragraph  2.33 of document WT/BFA/W/588, and that the General Council approve the 
WTO Audited Financial Statements for the year ended 31 December 2021;  
b. paragraph 3.3. of the report contained in WT/BFA/208, recommending that the General 
Council approve the Revised W TO Financial Regulations annexed to document 
WT/BFA/W/610;  
c. paragraph 5.8 of the report contained in WT/BFA/209, recommending that the General 
Council approve the 2023 scale of assessed contributions contained in Table 1 of the 
document WT/BFA/W/616.  
6.53.  The Ge neral Council took note  of the statements of the CBFA Chair  and of other statements 
made and adopted  the reports  contained in WT/BFA/206, WT/BFA/207, WT/BFA/208  and 
WT/BFA/209 .  WT/GC/M/202  
 
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  7  REJUVENATION OF WORK PROGRAMME ON ELECTRONIC COMMERCE AND 
MORATORIUM ON IMPOSI NG CUSTOMS DUTIES ON ELECTRONIC TRANSMISSIONS –
REQUEST FROM INDIA AND SOUTH AFRICA   
A. Consumer Protection in E -Commerce – Communication from India (WT/GC/W/857)21 
7.1.  The Chair noted that the  item concerning the " Rejuvenation of Work Programme on Electronic 
Commerce and Moratorium on Imposing Customs Duties on Electronic Transmissions " had been put 
on the agenda at the request of the delegations of India and South Africa. The sub -item "Consumer 
Protection in E -Commerce " and the communication contained in WT/GC/W/857 ha d been put on the 
agenda at the request of the delegation of India.  
7.2.  The representative of South Africa  delivered the following statement:  
7.3.  In the interest of time, this statement also covers our perspective on agenda item 2 (a)(ii) We 
would also like to thank Ambassador Canabady for her efforts in facilitating dedicated discussions 
on the Work Programme on Electronic Commerce (WPEC). MC12 has given a clear mandate to 
reinvigorate the work under the Work Progra mme, especially its development dimension. This 
necessitates identification of the developmental aspects that are critical to an inclusive digital 
economy. The WPEC remains the basis of WTO work on e -commerce. It sets out an appropriate 
framework to struct ure our work and we remain committed to this multilaterally agreed instrument. 
The overarching issue that affects equitable benefits is the digital divide and the WTO should facilitate 
a focused discussion on effective mechanisms to promote technology tran sfer. The second critical 
aspect is to promote digital industrialization and in this regard our interest is to not only use 
e-commerce to promote efficiencies and the interests of consumers but also ensure that e -commerce 
create s new industrial capacity an d promotes industrialization. This will ensure that Africa is not just 
a market of products produced elsewhere but actively participates in e -commerce in a meaningful 
way. Our interest is therefore to ensure that WTO rules do not hinder or constrain policy  tools we 
need to achieve these objectives, hence our position on the e -commerce moratorium. We do not 
believe that non -discriminatory taxes are the right tools for this purpose as they do not assist to 
promote nascent digital industries but address other objectives associate d with revenue leakage. 
The third critical aspect is effective participation in the data value -chain. Policy and fiscal space will 
be required by the developing world to rebuild their economies and revive their declining trade 
competiti veness and falling exports. The need to collect, store and process data and regulate its 
flows for development is well understood. Sharing of experience of how countries use data for their 
own development, as well as sharing of national data laws can be ex plored. Data defines 
competitiveness in the digital economy. It is important to assess the evolution of e -commerce on 
developing countries ' competitiveness and take a long -term view. The core of the development 
mandate is also entailed in the work assigned  to mandated bodies. It is expected that these bodies 
will identify ways to increase the participation of developing countries  and access to technology  – as 
well as assess the effects of electronic commerce on the trade and economic prospects of developing  
countries, notably of their small - and medium -sized enterprises and means of maximizing possible 
benefits accruing to them and implications for developing countries of the possible impact of 
electronic commerce on the traditional means of distribution of physical goods and financial 
implications of electronic commerce for developing countries. Together with India, we have  revised 
the paper submitted to the CTD and will submit it shortly . We encourage Members to engage with 
these submissions in a constructi ve way. On the e -commerce moratorium, the key issues include 
the developmental aspects of the e -commerce moratorium ; the scope and definition of the 
moratorium which will determine the future of the moratorium given its impact on digital 
industrialisation and removes the key policy tool to drive industriali zation which cannot be 
compensated with non -discriminatory taxes ; and t he revenue implications of the moratorium on 
electronic transmissions are also an important consideration  – we therefore welcome Indo nesia's 
paper  which is a timely contribution that will assist to enrich our discussions in this regard. In South 
Africa's capacity, we also welcome the paper by India with regard to the challenges associated with 
consumer protection in the context of e -commerce, including the work undertaken at the 
international level. We will be considering the paper by India and we look forward to further 
engagement.  
 
21 Some of the statements refer to both items 2(a)(ii) and 7.  WT/GC/M/202  
 
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  7.4.  The representative of Djibouti , on behalf of the LDC Group , delivered the following statement:  
7.5.  The LDC Gro up thanks India for introducing communication WT/GC/W/857 on consumer 
protection in electronic commerce.  The submission is useful and welcome. The submission elaborates 
in greater depth areas the LDC Group also identified in our submission in 2019  in docum ent 
WT/GC/W/787. We plan to further elaborate and update our submission which  will take into account 
the important points and questions raised in India 's submission.   
7.6.  The representative of Kenya , on behalf of the ACP Group , delivered the following statemen t: 
7.7.  The ACP Group welcomes India 's contribution  contained  in document WT/GC/W/857 concerning 
the question of consumer protection in e -commerce. The ACP Group has also highlighted this issue 
as one that is of importance to the Group in examining the development dimension. While all 
Members  have concerns about con sumer protection, it is clear that the problems faced by consumers 
from developing and LDC  Members  become a great hinderance to the use and predictability of the 
platforms, combined with spill -over problems in technologies available to them, including encr yption 
systems that would help consumers, private and government users. More tools are needed for 
consumer protection in the e -commerce space. The work of different institutions on this matter, as 
highlighted in India 's submission, will be useful to includ e in our discussions. The questions put 
forward in the paper can assist Members as well. We will continue to consider these observations as 
well as the role of the WTO e -commerce work programme.  
7.8.  The representative of Jamaica  delivered the following stateme nt: 
7.9.  Like many developing Members, Jamaica recognizes the opportunities that the rapid rise of 
e-commerce presents for business, trade, and economic development. If leveraged correctly, 
developing countries can gain a higher level of competitiveness on a gl obal scale. It is for this reason 
that Jamaica attaches a high level of importance to the focus on the development dimension, 
particularly as it relates to narrowing the digital divide within and among the membership. On the 
moratorium, it remains a very c omplex issue. However, through the continued sharing of national 
experiences and technical engagements with other relevant stakeholders, we can achieve the 
outcome of better understanding the scope, definition, and impact of the mortarium on customs 
duties  on electronic transmissions. Jamaica thanks India for its communication as contained in 
WT/GC/W/857. During the pandemic, we witnessed an increase in online activities which included 
the installation of online payment and other e -commerce facilities, cros s-border e -commerce and 
trading and digital food ordering services. With this increase of activity online, there is a need to 
also examine consumer protection. According to the UNCTAD's tracker on Online Consumer 
Protection Legislation Worldwide, despite t he importance of consumer confidence for business -to-
consumer e -commerce, many developing, and transition economies still lack laws to protect 
consumers online. During the dedicated session held last month, the issue of consumer protection 
was raised by so me delegations as an area on which we could start our discussion on the Work 
Programme. This submission from India therefore raises some important points for our consideration 
and will be further reviewed by capital. We have taken note of the many reports of fraudulent and 
other illicit activities in the submission. This is an essential issue that must be dealt with 
multilaterally. In this regard, in addition to the international processes identified in section 4 of the 
submission, it is important that our work in the WTO on consumer protection is closely aligned to 
other ongoing work in the UN, including negotiations under way in the UN system to Elaborate a 
Comprehensive International Convention on Countering the Use of ICTs for Criminal Purposes. 
Jamaica wishes to reiterate its commitment to this file and will continue to support the work of the 
Facilitator. Jamaica aligns itself with the statements by the ACP and CARICOM.  
7.10.  The representative of Bangladesh  delivered the following statement:  
7.11.  Bangladesh align s with the statement by the LDC Group. The delegation of Bangladesh thanks 
India and South Africa for bringing this item in the agenda. Bangladesh particularly thanks India for 
introducing a timely submission on Consumer Protection in e -commerce in WT/GC/W /857 dated 9 
December 2022. The communication has elaborated some areas also identified by the LDC Group's 
submission in WT/GC/W/787 circulated in 2019 and some elements presented through 
JOB/GC/152/Rev.1 by Bangladesh in 2017. The communication from India  contains three important 
guiding questions that Members must explore further. Our delegation is also thankful to Indonesia 
for their communication in WT/GC/W/859 regarding Indonesia's Perspective on Customs Duties on WT/GC/M/202  
 
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  Electronic Commerce circulated on 13 D ecember 2022. The rationale explained in this paper 
demands thoughtful consideration by Members. Currently , our capital is examining both submissions 
and we look forward to engaging with delegations.  
7.12.  The representative of Indonesia  delivered the following  statement:  
7.13.  First, I welcome the paper on c onsumer protection in e -commerce in WT/GC/W/857. I would 
like also to echo what Ambassador Xolelwa Mlumbi -Peter ha s stated earlier about the importan ce of 
sharing domestic  laws on electronic transmission s. As I ha ve mentioned under agenda item 2 earlier , 
I will share under this agenda our perspective o n Custom s Duties on Electronic Transmission s in 
WT/GC/W/859. As all Members may be aware, our delegation has submitted a document regarding 
Indonesia's perspective on  Customs Duties on Electronic Transmission s, which has been circulated 
by the Secretariat under the reference WT/GC/W/859. The purpose of this submission is to provide 
an overview to Members  which includes: (i) to provide an understanding that the reasons behind 
the imposition of customs duties on digital goods are not solely about revenue but are broader than 
that – these include creating a level playing field, providing certainty, assessing digital risks, 
empowering MSMEs, and recording trade data, which are important for all economies ; (ii) to  describe 
the mechanism that Indonesia is currently developing with regard to the imposition of customs duties 
on electronic transmission, through simplified customs declarations, so as not to burden the parties 
involved; (iii) to emphasize the need for policy space to protect national interests, while still adhering 
to WTO provisions  – which is also in line with the principles contained in the Declaration on the 
Rights to Development, in particular Articles 2, 3, and  4, which are the efforts of the Non -Aligned 
Movement to create a just and equitable New International Economic Order. To conclude, when we 
discuss the moratorium, we must not forget that developing and LDC  Members  need certainty that 
their economies are n ot hampered, not left behind, and are able to participate and compete with 
others.  We look forward to making a presentation on the paper at the Dedicated Discussion on 
Moratorium next year. We are open to discuss this issue further and would like to hear o ther 
Members ' opinions in addressing these concerns.  
7.14.  The representative of Sri Lanka  delivered the following statement:  
7.15.  Sri Lanka would like to thank India for its submission on consumer protection in e -commerce 
product payment in WT/GC/W/857. My delegation notes that this proposal contains constructive 
proposals to rejuvenate the work programme on electronic commerce in th e area of consumer 
protection in e -commerce. My capital is currently studying this document. My delegation would like 
to further engage on the document India sent. My delegation would also like to thank India and 
South Africa for including this item  on the  agenda . 
7.16.  The representative of Pakistan  delivered the following statement:  
7.17.  Coming to agenda item 7 , Pakistan wishes to thank the delegations of India and South Africa 
for this item. We appreciate the various documents including WT/GC/W/ 857, floated by them  and 
by others and look forward to contributing to this discussion. In this connection, I wish to recall our 
previous statements on the matter and to reiterate that the  General Council must reinvigorate the 
structured discussions on various aspects of elec tronic commerce as has long been mandated by  
WT/L/274. It is only pertinent that all the subsidiary bodies thus identified – all Councils and the 
Committee on Trade and Development  – may maintain their mandated work on the agenda and 
continue to work in th e direction reiterated by our Ministers earlier this year. While the significance 
of rejuvenating the work program me cannot be overstated , Pakistan believes that it is equally 
important that  the moratorium and the work program me be accorded equal and indep endent focus 
by the membership. In this regard, Pakistan would refer to the un-numbered paragraphs 1 and 2 of 
the MC12 decision contained in document WT/MIN(22)/ W/23 and stress the fact that the 
rejuvenation of the work programme and moratorium are recogni zed as mutually  exclusive and thus 
need to be dealt with separately. With regard to the moratorium, Pakistan is thankful for the 
submission by Indonesia. Many social and economic needs of people in developing Members go 
unaddressed due to their state' s tight fiscal position  – as has also been evidenced by studies from 
several independent organizations. Additionally, Pakistan would like to sensitize the membership 
that now, the debate surrounding the moratorium needs to expand from it causing just fiscal 
limitations to also creating equal opportunities for digital industrialization of developing and LDC 
Members. To allow for digital growth in developing countries, we stress the need for an end to  the 
moratorium.  On agenda item 7a, I thank India for their comm unication WT/GC /W/857 . The paper 
identifies several issues of concern to not just developing and LDC Members  but to all Members in WT/GC/M/202  
 
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  general . Deliberations subsequent to this paper will definitely guide the membership and are 
expected to complement the efforts under the work program me on e-commerce.  
7.18.  The representative of Nigeria  delivered the following statement:  
7.19.  We thank India for their paper wh ich is currently being reviewed in our capital. We earlier 
shared our views on how to advance the discussions on the work programme on e -commerce and 
in the interest of time we would not repeat ourselves. Discussions related to consumer protection in 
e-commerce could be considered under the theme on digital industrialization we mentioned earlier . 
We could also discuss this issue under a standalone theme. Nigeria would continue to work closely 
with all Members to collectively deliver on development -related i ssues under the work programme.  
7.20.  The representative of Thailand  delivered the following statement:  
7.21.  This intervention addresses items 2 and 7. I have taken a quick look at both papers, and the 
content of both is very useful and technical, so I need to consu lt the capital quite at length, especially 
the paper on the E -commerce Moratorium by Indonesia. At this stage, we emphasize that Thailand's 
deliberations on e -commerce focus on three areas that are of particular interest to us which are: (i) 
digital infras tructure and connectivity; (ii) digital trade rules and regulatory measures; and most 
importantly, (iii) digital literacy, capacities, and skills. We welcome the opportunity to further discuss 
them on the  e-commerce  agenda . On consumer protection under the  paper from India and the 
overall concept, Thailand shares the same sentiment that consumer protection is an important 
undertaking, but we believe that the WTO is not the only Organization that takes up this issue . Many 
other international organizations ar e already working on it. The three questions that India asks 
Members to share are very timely, and we are happy to do that. However, consumer protection can 
be done not only through the regulatory framework, but also by consumer themselves . So, we would 
like to look at both sides of the coin on this issue. We look forward to the se discussion s in 2023.  
7.22.  The representative of Singapore  delivered the following statement:  
7.23.  Let me thank India for its submission concerning consumer protection in e -commerce. Let me  
make three brief points. First, Singapore supports the thematic calendar that the Facilitator is 
developing to systemically address key issues such as digital payments and digital trade facilitation 
to developing and LDC Members. On this note, we welcome India's submission and look forward to 
in-depth technical discussions at the Dedicated Sessions on e -commerce. Hopefully, such efforts will 
help to reinvigorate the work programme on e -commerce and re -orientate its agenda from a 
negative to a positive one.  Second, we should encourage as many Members as possible to share 
their digital transformation experiences. As a small, developing Member, Singapore is happy to share 
our experience, especially in developing a digital -ready workforce, re -training our worke rs through 
digital upskilling, and developing foundational digital infrastructure. In this context, I am happy to 
announce that Singapore will be hosting the Singapore -WTO Third Country Training Programme on 
e-commerce in March 2023, and we encourage other  developing and LDC Members who have an 
interest to apply. Third, given the importance of the customs duties moratorium on electronic 
transmissions to Members across the development spectrum, Members must engage constructively 
in fact -based discussions soo ner rather than later. As we have heard a handful of Members wilfully 
misinterpreting the MC12 decision as an "impending termination of the moratorium at MC13", it is 
important to gain a deeper understanding of the significant impact on businesses and cons umers, if 
the moratorium were to lapse. Equally, Members should explore using non -discriminatory taxation 
as an alternative to generate revenue without incurring the collateral costs of imposing customs 
duties on electronic transmissions. We very much look  forward to continuing these discussions.  
7.24.  The representative of China  delivered the following statement:  
7.25.  China thanks India and Indonesia for their proposals, and we will carefully study them. China 
remains committed to making contributions to an in -depth discussion on consumer protection. we 
are also happy to share our national experiences in this regard.  
7.26.  The representative of Japan  delivered the following statement:  
7.27.  Japan appreciate s India's proposal, WT/GC/W/859, regarding consumer protection. As many 
Members pointed out in the last dedicated session, ensuring consumer trust, including consumer WT/GC/M/202  
 
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  protection, is an important issue. We could assume that there are issues such as fraudulent and 
deceptive transactions or unsolicited commercial messages in case o f online merchandising, and it 
would be important to share Members' experiences of preventing such undesirable phenomena and 
ensuring consumer trust in digital space.  
7.28.  The representative of Chinese Taipei  delivered the following statement:  
7.29.  We welcome Members to continue putting forth useful topics such as consumer protection in 
e-commerce in India's discussion paper in WT/GC/W/857 that promotes consumer trust. We support 
discussions on e -commerce moratoriu m to be held in parallel as soon as possible next year to explore 
relevant studies so far including practical evidence, best practices, and impact of customs duties on 
electronic transmission s with the hope that such sessions will lead to a consensus on th e scope, 
definition and impact of the moratorium. Members need to consider a pragmatic approach to 
progress and prepare for MC13 as early as possible.  
7.30.  The representative of New Zealand  delivered the following statement:  
7.31.  We thank India for the contribution on consumer protection. New Zealand also considers 
consumer protection to be a crucial component of an enabling environment for cross -border e -
commerce trade. Robust e -commerce consumer protection s are needed to prevent direct harm to 
individual consumers,  promote a competitive online market for suppliers of goods and services 
through e -commerce, and enable confident participation in e -commerce trade by a wider range of 
individuals, including consumers and suppliers. We look forward to further engagement in  various 
formats on this topic.  
7.32.  The representative of India delivered the following statement:  
7.33.  I thank all Members who have taken the floor under items 7 and 7a as well as  2(a)(ii) and  
had been part of the discussion yesterday and today. At the same time, I also thank Indonesia for 
their paper WT/GC/W/859  and look forward towards their presentation. One request is , which we 
are making repeatedly , is to make the work programme on e -commerce as a standing  agenda in all 
bodies identified in document WT/L/274 o f 1998. These bodies are the Council for Trade in Goods, 
the Council for Trade in Services, the Council for TRIPS and  the Committee on Trade and 
Development. Additionally , in the small group consultations of the Facilitator Ambassador 
Dwarka -Canabady , some  Members have expressed their interest in leveraging the Working Group 
on Trade and Technology Transfer for exploring technology transfer opportunities to bridge that 
digital divide and we fully support this ask. Another point I would request Ambassador 
Dwarka-Canabady is to also consider in the thematic items  "Digital Public Infrastructure ". Although  
it was not explicitly coming in her report yesterday , we discussed this at length during the small 
group meeting and I  am sure that Members will have interest in  further  discussing it. On our paper 
under item 7a, I would not repeat what Members have said including on  the three questions,  but I 
look forward towards engagement on that.  
7.34.  The General Council took note  of the statements.  
8  TRADE RELATED CHALLEN GES OF THE LEAST DEVELOPED COUNTRIES AND WAY 
FORWARD: PROPOSAL FOR WTO SMOOTH TRANSITION MEASURES IN FAVOUR OF 
COUNTRIES GRADUATED FROM THE LDC CATEGORY – COMMUNICATION FROM DJIBOUTI 
ON BEHALF OF THE LDC GROUP (WT/GC/W/807/REV.2)  
8.1.  The Chair noted that this  item concerning the  "Trade Related Challenges of the Least -
Developed Countries and Way Forward " and the communication contained in WT/GC/W/807/Rev.2 
had been  requested by Djibouti, on behalf of the LDC Group.  
8.2.  The representative of Djibouti , on behalf of t he LDC Group , delivered the following statement:  
8.3.  Our proposals on LDC graduation received broad support from a wide range of Members. The 
submission today in WT/GC/W/807/Rev.2 contains two main aspects. In Annex 1, the draft General 
Council Decision simply  encourages Members to have procedures in place to extend or gradually 
phase out unilateral trade preferences for LDCs over a period of six years or a period determined by 
the preference providing Member to those having graduated from the LDC category. The  rationale WT/GC/M/202  
 
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  for the proposed six -year period is to follow the two triennial reviews undertaken by the UNCDP to 
monitor the post -graduation phase. It corresponds to the period during which countries leaving the 
category are particularly vulnerable and requir e special attention to secure a smooth and sustainable 
transition. The text of the draft decision in Annex 1 largely reflects the language discussed informally 
during MC12, but which was not taken up for decision. The LDC Group has made particular efforts 
here to integrate concerns by other Members. Annex 2 contains a draft decision proposing to assign 
the work to LDC Sub -Committee to develop recommendations on extending LDC -specific special 
treatments such as technical assistance and other flexibilities to  Members for a limited period of time 
after graduation from the LDC category and to report to the General Council no later than 
30 June 2023. There is a list of LDC -specific special flexibilities in Appendix 1 of Annex 2 to that draft 
decision. The idea is  not to create new flexibilities. These are already existing provisions. Our 
proposal is to allow the continuation of these existing flexibilities for a limited period of time after 
graduation from the LDC category. This draft also proposes a peace clause to provide legal coverage 
for the users and providers of the LDC -specific flexibility during the additional period – "X years" – 
after graduation. The value of "X" will be agreed by Members. The current approach is also a 
departure from the earlier LDC sub mission calling for extending all S&DT provisions. We expect two 
actions from the General Council: (i) the adoption of the Draft Decision in Annex 1, which is not 
legally binding, and which has accommodated the concerns of all Members; and (ii) as provided  in 
Annex 2, the General Council to assign the work to develop recommendations for support measures 
to the LDC Sub -Committee which would report to the General Council no later than 30 June 2023. 
The General Council, upon receipt of the report from the Sub -Committee, may decide the next steps 
on this issue. LDCs comprise around 14 per cent of the world population but account for around 2 
per cent of the world GDP and less than 1 per cent of world trade. Graduation overnight will not fix 
the inherited challen ges of the LDCs. Our challenges are further aggravated by the COVID -19 
pandemic and the current geopolitical situation. All LDCs will graduate, sooner or later. The main 
purpose of the submission is to establish a smooth transition mechanism in the WTO whi ch provides 
predictability and certainty. Extending the existing LDC treatment for a few more years after 
graduation will have negligible impact on global trade. Having such a mechanism would instead send 
a strong signal in favour of LDCs from the entire m ultilateral trading system.  
8.4.  The representative of Bangladesh  delivered the following statement:   
8.5.  Under this item, Bangladesh aligns with the statement by the LDC Group. The communication 
WT/GC/W/807/Rev.2 is built on our previous submissions. Paragraph  5 of the MC12 Outcome 
Document  acknowledges the particular challenges that graduation presents including the loss of 
trade-related international support measures. Ministers also recognize that certain measures in WTO 
can play a significant role to facilitate the smooth and sustainable transition for the Members who 
leave the LDC category. LDC graduation will not fix their inherited challenges overnight and solve 
the vulnerabilities. The COVID -19 pandemic and the geopolitical crises illustrate their fragility a nd 
vulnerability to external shocks. LDCs need predictable and meaningful support to face such 
challenges and uncertainties in the early years of the post -graduation period. On the other hand, all 
LDCs will graduate eventually, and this is a target of the global community. Therefore, the LDC 
Graduation is not the priority of the LDCs only. A decision in the WTO to extend the LDC -specific 
flexibilities for a few more years after graduation from the LDC category will have negligible impact 
on global trade. Th e present submission accommodates ideas and suggestions from numerous 
informal exchanges with delegations before and after MC12. We are grateful to all delegations for 
their continuous support and positive engagement. The submission in two parts is quite f lexible. In 
Annex 1, the draft proposes a best endeavour approach which is non -binding and an 
'encouragement' to extend LDC -preferences to Members after graduation from the LDC category for 
six years or a period determined by the preference providing Membe rs. Six years will correspond to 
the two triennial reviews by the UNCDP after graduation. The LDC list only follows the UN listing, 
and therefore the proposal is not an obligation for those who design their LDC preference 
programmes otherwise. Some countri es and groups have already extended trade preferences that 
the remaining are being encouraged to follow. This decision will bring much needed predictability of 
support to the graduating LDCs. In Annex 2, the draft decision proposes to instruct the LDC Sub -
Committee to develop recommendations for support measures to be applied to LDCs after graduation 
and report to the General Council no later than 30 June 2023. Such support measures would include 
a limited number of LDC -specific WTO special provisions liste d in the Appendix to this draft and the 
LDC-specific technical assistance programmes. Provisions listed in the Appendix are left with X years 
to be agreed by Members to suggest the length of extension after graduation. We have pointed out 
that in the MC12 outcome, our Ministers recognize that certain measures in the WTO can help 
facilitate smooth and sustainable transition. The LDC Group thinks that these are the measures, as WT/GC/M/202  
 
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  proposed through this submission, that would help. We also highlight that the list ed measures are 
already existing LDC -specific provisions, currently available for all LDCs equally. And we do not 
propose any new flexibility or any improvement of any of those existing provisions. Additionally, the 
proposed peace clause will provide legal  coverage for implementation of these measures. Previously, 
and during our informal consultations, many delegations supported that the Sub -Committee on LDCs 
would work on the annexed special provisions and report back to the General Council within a 
target ed time if the General Council provides such a mandate. As a point of reference, in 2011 the 
LDC Sub -Committee was assigned in WT/L/846 to develop recommendations to further strengthen, 
streamline and operationalize the LDC Accession Guidelines. The same Sub -Committee can be 
assigned again to develop recommendation s for the smooth transition for the LDCs.  The delegation 
of Bangladesh hopes that the General Council can consider our submission and approve both draft 
decisions in an expeditious manner.  
8.6.  The representative of Zambia  delivered the following statement:  
8.7.  My delegation endorses the statements by the  African Group, the ACP and the LDC Group on 
the previous agenda items. Similarly, my delegation fully supports the communication issued by 
Djibouti on behalf of the LDC Group on this agenda item. My delegation wishes to thank the WTO 
and other development  partners that have over the years rendered support to Least Developed 
Countries through various Aid for Trade initiatives and capacity building programmes in trade 
negotiations. The support has been very helpful in shaping progressive trade policies and l egislative 
reforms in our economies such that we now see a number of LDCs including my country, Zambia, 
being earmarked for graduation. This is a positive signal even with the challenges that we face 
including those related to the COVID -19 pandemic which s till negatively affects us in many different 
ways. It is very evident that in order to address the challenges as well as sustain the gains made so 
far, there is a lot of work that needs to be done individually in our national economies but also 
collectivel y through support from the WTO and other development partners. My delegation is 
therefore hopeful that the LDC proposal for a smooth transition receives favourable consideration of 
the WTO membership. We are available to engage with Members on this proposa l and many other 
issues of interest to LDCs to ensure that the WTO uplifts the development status for all Members 
particularly us – the LDCs.  
8.8.  The representative of Cameroon , on behalf of the African Group , delivered the following 
statement:  
8.9.  The African Gro up thanks the LDCs for their proposal and reiterates its support for their 
request. We have repeatedly stressed that it is difficult for us to understand the strong resistance 
to this LDC proposal that would in no way affect the economic competitiveness of  the Members that 
oppose it. One cannot urge others to go beyond positions of principle to find consensus based 
practical solutions while systematically refusing to respond favourably to the request made by a 
certain category of developing Members for an a ppropriate transition. We would like to believe that 
this new proposal will finally receive a favourable response from the Members that have so far 
expressed reservations in this regard.  
8.10.  The representative of Kenya , on behalf of the ACP Group , delivered th e following statement:  
8.11.  As with our previous interventions in the General Council, the ACP Group strongly supports 
the proposals of the LDC Group on smooth transition measures in favour of countries that have 
graduated from the LDC category, including the r evisions presented today in WT/GC/W/807/R ev.2. 
We congratulate the LDC Group for the results of their intensive consultations since the last General 
Council meeting and the progress made to shape the proposal further. The ACP Group urges the 
General Counci l to adopt the Decision at the earliest, before MC13.  
8.12.  The representative of Tunisia  delivered the following statement:  
8.13.  We thank Djibouti for its communication on behalf of the LDC Group and reiterates its support 
for the draft decision requesting a transit ion mechanism for LDCs within the WTO, which should be 
adopted. Committing to a reclassification process in the current context of multiple and recurrent 
crises is in itself a courageous decision by LDCs in transition which deserves to be commended and 
supported by an organization that calls for positive action on this issue and promotes sustainable 
development. It is regrettable that MC12, which recognized the post -graduation challenges of the WT/GC/M/202  
 
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  LDC category, failed to take a positive decision on the issue d espite broad support among Members. 
We hope that the General Council would soon reach a decision along the lines of the flexible proposals 
of the LDC Group. There is no truth in the hypothesis that an LDC benefiting from these transition 
measures after six  years of reclassification would lead to a disruption in the world trade balance. 
Therefore, a few Members continuing to defend positions of principle, which have almost no impact 
on world trade, can only undermine the solidarity that should prevail among Members. Instead, let 
us give a reassuring message in this process, in the hope that it would be relayed in our other 
discussions of genuine issues. We associate ourselves with the statement  by the African Group.  
8.14.  The representative of Senegal  delivered the  following statement:  
8.15.  We are pleased by the decision taken by the General Council to organi ze MC13 and MC14 and 
the venues chosen. We likewise support the statements by the LDC Group, the African Group and 
the ACP . LDC Graduation is a top priority for my d elegation. We should remember that LDCs account 
for less than 2 per cent of global trade. Having a transition which is longer will not have an impact 
on global trade and having that mechanism would send a strong signal in favour of LDCs from the 
multilater al trading system. I am sure you will agree that graduation is an acknowledgement of the 
effort made by countries, but graduation is not enough to resolve the problems that they have 
inherited. Countries that meet the graduation criteria often do so withou t having significantly 
developed their production capacities and without having made enough progress in transforming 
their economies. In view of the challenges posed by graduation, it is more urgent than ever to have 
a flexible and sustainable mechanism in  accordance with what the UN General Assembly has said. 
We support the proposal, and we believe that the LDC Sub-Committee should make proposals for 
countries that are graduating. A report should be made to the General Council at the latest on 
30 June 2023 , and there should be a peace clause after graduation. We also suggest that the General 
Council approve both draft decisions in Annexes 1 and 2 of this LDC submission.  
8.16.  The representative of Lao PDR  delivered the following statement:  
8.17.  Lao PDR aligns itself w ith the LDC Group statement. Lao PDR attaches great importance to  
smooth and sustainable graduation. We therefore fully endorse the two proposals  by the LDC Group 
contained in Annex es 1 and 2 of the General Council  draft decisions. As 2024 draws near, when the 
final re -evaluation to decide whether the green light on our graduation will be given or not, we the 
LDC Group, especially Lao PDR, is very concerned about the social and economic impact of   
COVID -19, climate change  and geopolitical tensions on our economic recovery and development, 
value chain development, coping with high inflation and unemployment,  and food and energy 
security, among others. We also emphasi ze the importance of synergy and complementarity 
between W TO efforts and other development cooperation framework s such as UNCTAD and UN  
LDC5, among others , to ensure smooth and sustainable LDC graduation.  
8.18.  The representative of the European Union  delivered the following statement:  
8.19.  The European Union is engaging wi th the LDCs on the particular challenges that LDC 
graduation presents. We are ready to continue to engage, both on "preferences" in Annex 1 and on 
"measures" in Annex 2 of the proposal under consideration. The European Union continues to believe 
that there  should be support and flexibilities for WTO Members, commensurate with their needs and 
capacity constraints, beyond the group of LDCs. But the challenges of LDC graduation merit a specific 
response from the membership, which we would be ready to work on w ith a view to outcomes by 
MC13. From this perspective, we take note and welcome the revised proposal. The specifications in 
Annex 2 will require further discussions in more detail, which could preferably take place in the 
beginning of next year. We especia lly encourage discussions based on analysis that shows where 
specific difficulties exist. In the area of trade specifically, the aim of the European Union is to focus 
on how to facilitate and enhance the capacity of countries to assume commitments that fos ter 
integration in the global economy. In our view, that is the best way that the WTO can effectively 
contribute to sustainable development  
8.20.  The representative of Nepal  delivered the following statement:  
8.21.  I associate with the statement by the LDC Group and wish to add some points. This is an 
agenda item that remained inconclusive despite having received overwhelming support from the 
membership over the last three years. This agenda item needs to be conclude d if we really intend WT/GC/M/202  
 
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  to ensure inclusive multilateral trading system. I thank Members that have supported this agenda 
item. The LDC Group has revised its proposal in view of the concerns raised by some Members. We 
are not seeking support for new areas but  just seeking for a continuation of existing facilities and 
flexibility for a few more years after graduation. Therefore, it would not be appropriate to link this 
proposal with any other issue of the WTO system. My delegation expresses its readiness to 
constructively engage with Members for an early conclusion of this agenda item.   
8.22.  The representative of Cambodia  delivered the following statement:  
8.23.  My delegation aligns itself with the statement by the LDC Group. I would like to add to what 
the delegation of D jibouti had already mentioned by providing some data for consideration as to why 
this decision is critical for development and strengthen resilience of graduated LDCs. The LDCs' share 
of world export of goods is currently at 1.01% and it will be around tha t rate for the foreseeable 
future, and this is despite LDCs receiving preferential market access. In relation to this, we have by 
far missed the target of SDG 17.11 that aimed to double LDCs' share of global export by 2020. 
Therefore, the proposed transiti on period would go a long way in sustaining and accelerating the 
level of development of graduating LDCs and to avoid falling into a situation that stagnate LDCs' 
development progress. It has been over two years since the proposal was first submitted by th e LDC 
Group and, according to the UN website, we have 7 LDCs – Bhutan, Angola, São Tomé and Príncipe, 
Solomon Islands, Bangladesh, Lao People's Democratic Republic, and Nepal – who are in the pipeline 
for graduation with 4 LDCs, Bhutan, Angola, São Tomé an d Príncipe, and Solomon Islands expected 
to graduate as early as 2024. Therefore, it is very important that decision on smooth transition for 
graduated LDCs is reached as timely as possible so that Members who will be graduating in a few 
years' time could benefit from such decision. The LDC Group has been listening to views of all 
Members. The LDC Group's submission has gone through many changes, and this reflects strong 
flexibility and full engagement on our part. We once again urge all Members to work con structively 
on this proposal the details for which have already been outlined by Djibouti on behalf of the LDC 
Group and by Bangladesh, the focal point on graduation. We are fully ready to engage with all 
partners to discuss this proposal towards reaching a positive outcome.  
8.24.  The representative of Tanzania  delivered the following statement:  
8.25.  We align with the statement by the LDC G roup. We recogni ze the central role that the WTO 
has been playing towards LDCs in their endeavour towards graduation. As alluded a lready in our 
personal interventions on this agenda, LDCs are granted numerous favourable treatments through 
WTO agreements such as the Preferential Market Access and the Generali zed System of Preferences, 
Preferential Rules of Origin, Services Waiver, TRI PS Waiver, and other S&DT provisions . Certainly, 
all the favourable treatments are taken away once a country graduates from the LDC status. There 
are ten LDCs in the graduation list as of now  – a commendable progress which we all cherish. It 
should  however  be acknowledged that graduating LDCs will encounter immediate hostile economic 
environment which may risk them to backslide should a smooth transition environment be ignored. 
One lesson we can draw from the COVID -19 pandemic is the devastation it has left  in LDCs. You 
recall that, before the outbreak, a quarter of LDCs were on track to graduate from LDC status. But 
after the hit, only 10 are left with staggering hopes. That says it all about the vulnerabilities a country 
can be exposed  to. The WTO should therefore not disregard its nurturing role that it has been playing 
to LDCs. The WTO should ensure that a proper smooth transition mechanism is legally established 
to protect graduating LDCs from being exposed to external shocks such as the sudden drop of 
preferential market access. We support the proposal that a graduated LDC Member should continue 
to enjoy available flexibilities for a few more years as a means of soft landing. In the same vein, my 
delegation endorses the proposal that the LDC Sub -Committe e be assigned with this work and the 
report made to the General Council  within a targeted time. I also appeal to the General Council to 
approve the draft decisions as submitted under the current item.  
8.26.  The representative of Nigeria  delivered the following statement:  
8.27.  We thank Djibouti for the proposal on behalf of the LDCs. At the outset, we align ourselves 
with the statement s by the African Group and the ACP supporting the proposal. The LDC proposal 
deserves consideration in view of their development challe nges. It is equally important to consider 
the need for the graduating LDCs to continue to benefit from the support and other flexibilities for a 
certain period of time in order to have a smooth transition mechanism. We support the proposal and 
urge Members  to support the proposal for the consideration or approval of the General Council.  WT/GC/M/202  
 
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  8.28.  The representative of South Africa  delivered the following statement:  
8.29.  We thank Djibouti and the LDC Group for the proposal contained in document 
WT/GC/W/807/Rev 2. LDC Gradu ation is overall a development issue and needs to be prioritized. 
There is therefore a need for the WTO to develop a mechanism that will support the smooth transition 
of graduating LDCs. We see this as one of the critical aspects of the development mandate  and is 
critical to deliver on the UN General Assembly Resolution 59/209 of 2004. This should not be limited 
to technical assistance and capacity building but also flexibilities in rules both in current and future 
agreements for a period to be agreed which  should be sufficiently long enough to enable LDCs to 
adjust. South Africa has been a strong supporter of LDC integration into the multilateral trading 
system and supports all efforts to increase their share in global trade. We note that although 
graduatio n from the status of LDC marks an important milestone in the development path of each 
LDC, the phasing -out of support measures associated with LDC status could present challenges for 
graduating LDCs in their efforts to continue to integrate into the global  economy. As the submission 
highlights, LDCs suffer from various capacity constraints and economic vulnerabilities. Strengthening 
capacity to trade therefore remains a priority for graduating LDCs and the design of any support 
provided to LDCs should be re flective of the trade priorities and challenges LDCs have identified. It 
is thus essential for LDCs and the international community to ensure greater cooperation to better 
support every LDC with a view to achieving a sustainable graduation. My delegation s upports this 
submission. We urge all Members to engage constructively on this issue with the aim of providing a 
better chance for graduating LDCs to integrate into the multilateral trading system. Finally, we 
associate with the statements by the ACP and th e Africa Group.  
8.30.  The representative of Mauritius  delivered the following statement:  
8.31.  This request is not new, and the arguments have been made time and again so I will not 
repeat them. This is an important issue that requires early resolution. Overall, there  is a lot of 
sympathy for countries which graduate from a system that provides them with additional benefits 
and makes a difference in their capacity to trade. In associating with the statement by the African 
Group, we would like to request Members who are  still uncomfortable with the LDC request to please 
look at this sympathetically and walk the extra mile for these countries which are trying to get out 
of a challenging situation but are not there yet.  
8.32.  The representative of the United States  delivered the  following statement:  
8.33.  We have engaged with LDC Members on the previous proposal and will continue to engage 
on their new proposal. We continue to emphasize considerations of equity and fairness when it 
comes to categorizing Members in the WTO for the purpo ses of special and differential treatment.  
We should not be disadvantaging some low -income countries by increasing preferences for those 
that are more advanced. At the October meeting of the General Council, we said we are open to a 
reference that Members consider transitional periods in goods preference programmes of Members, 
as appropriate, and in a manner that does not create problems for how Members manage their 
unilateral programmes. Annex 1 of the revised proposal shows improvement in this direction. We 
continue to question the need for preambular language at all, and we believe the proposal would 
benefit from a streamlining of that section. Likewise, Annex 2 remains too prescriptive. We are 
concerned that the language on a package of support measures has only expanded from past 
iterations. We welcome deeper discussions on the new items. Extending access to LDC preference 
programmes and supporting derogations from WTO obligations for graduating LDCs are just some 
of the actions suggested as part of the UN smooth transition discussion. We would like to highlight 
that there are a number of other equally or more important elements that feature prominently in 
the UN graduation process that WTO Members could examine and support. The WTO can and should 
play a more substantial role in supporting improved labour and employment conditions as part of 
trade policy objectives of raising living standards and improving our citizens' welfare. We could also 
do more to support WTO Members to develop their national reports  on preparation for and 
implementation of smooth transition strategies. We note that the most recent report from the UN 
Committee on Policy Development states that Bhutan is the only graduating LDC that has submitted 
a transition strategy. Sharing these st rategies with WTO Members could enable us to better align 
specific work within relevant WTO committees with these transition strategies. We ask the 
proponents to reflect on how to include some of these important elements in future revisions of this 
proposa l. Finally, we continue to believe that the best course of action is to bring this revision to the 
CTD SS for further discussion in line with paragraph 2 of the MC12 Outcome document.  WT/GC/M/202  
 
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  8.34.  The representative of Switzerland  delivered the following statement:  
8.35.  We thank the LDC Group for their revised proposal. We take note of the fact that the proposal 
now provides for two separate decisions, one related to market access for goods, and the second for 
other privileges for graduating LDCs, to be discussed in the LDC Sub-Committee. While still analy sing 
this new proposal, we consider this to be a positive step forward in the discussions.  
8.36.  The representative of Norway  delivered the following statement:  
8.37.  Thank you to Djibouti on behalf of the LDC Group for presenting a revised proposal. We 
support the draft decision in Annex 1 . We are ready to start analysis and even negotiations on the 
measures. We also support the proposal to start work on Annex 2 in the CTD  SS.  
8.38.  The representative of Brazil  delivered the following statement:  
8.39.  Brazil has consistently engaged in discussions aiming at strengthening the multilateral trading 
system and ensuring that it remains beneficial to all its Members. We believe that special and 
differential treatment to LDC Members plays an important role in achieving this goal. Therefore, we 
welcome discussions on the issue of graduation, which is a milestone in LDCs' path to development. 
In this sense, we take note of the proposal presented by the LDC Group which is currently under 
consideration in capital. We reiterate our willingness to work together with the LDC Group to advance 
on the issue.  
8.40.  The representative of the United Kingdom  delivered the following statement:  
8.41.  Let me thank Djibouti for circulating this proposal on behalf of the LDC Group. We note that 
the draft has been revised to try and accommodate feedback that they have received from other 
Members of this Organization, and we appreciate the LDC Group's continued openness and flexibility 
and willingness to engage with us all. It is worth, perhaps, saying that our own Developing Country 
Trading Scheme which we launched this year, which we think is a more generous and simplified 
preference scheme that will come into force early next year, provides a transition period of at least 
three years for graduating LDCs, as well as a more gradual increase in tariffs, in order to 
accommodate the challenges that graduating LDCs face. We very much recognize the problem that 
this proposal seeks to address . It is really important that we now mov e the discussion of this latest 
proposal into a setting where we can have a more technical exchange on the substance of it and 
look at the evidence behind the proposals. It is really important that we maintain this momentum 
ahead of MC13 when we try really  hard to land this proposal at that Ministerial or ahead of it . 
8.42.  The representative of Australia  delivered the following statement:  
8.43.  Australia would like to thank Djibouti for introducing the LDC Group's revised proposal today. 
We welcome the LDC Group's eff orts to progress a more detailed discussion on an appropriate set 
of measures. To be most effective, measures ought to be tailored to the diverse economic 
circumstances and development needs of each graduati ng country. Measures need to be inherently 
flexib le to achieve this including those listed in Appendix 1 of Annex 2. Australia looks forward to 
engaging on the detail of the proposal.  
8.44.  The representative of Chad delivered the following statement:  
8.45.  It is true that the LDC Group has made a lot of effort to a ddress the concerns made by a lot 
of Members as pointed out by our coordinator,  Djibouti. The idea is not to create new flexibilities . 
What we are talking about here is a number of existing provisions  – and the proposal would make it 
possible to maintain a  certain number of existing flexibilities over a limited time period that we have 
defined after graduation. This will, on the part of the LDC Group, help us to move towards consensus. 
Furthermore, if this is adopted by the General Council, then the  graduat ing LDCs would not backslide 
into the LDC  category . The LDCs stand ready to continue dialogue with Members next year which  
could be on the basis of analysis and assessment. This is what we are doing and what we will 
continue to do. The  delegations of the  United States and the United Kingdom also  mentioned some 
encouraging improvements. The main objective, as pointed out by Members and our coordinator, is 
to establish a transition mechanism within the WTO to smooth the way so as to provide more 
predictability and certainty. When LDCs graduate , they should not  be abandoned and left in WT/GC/M/202  
 
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  uncertainty and doubt. Members that have ex pressed reservations should take into account the 
efforts made by LDCs so that this proposal can be accepted and approved on the basis of consensus 
by the General Council . 
8.46.  The representative of China  delivered the following statement:  
8.47.  We thank the LDC Grou p for their newly revised proposal . This demonstrates again their 
flexibility to move the discussions forward. On this specific issue, Members should fully respect the 
mandate that Ministers made during MC12  and should take concrete actions under this mand ate. 
We call on all Members  to constructiv ely and proactive ly engage in discussions to help graduating 
and graduated LDCs better integrate into and benefit from the multilateral trading system.  
8.48.  The representative of Japan  delivered the following statement:  
8.49.  We thank Djibouti for introducing the proposal on behalf of the LDC Group. Japan recognizes 
the importance of providing special measures for developing and LDC  Members to engage in the 
multilateral trading system in a smooth transition and has been providing special preferential 
treatment for LDCs and general preferential treatment for a wider range of developing countries. 
Although the proposal by the LDC Group  is currently under analysis as it was submitted shortly 
before this General Council, Japan considers that preferential tariff systems and the period for which 
they are implemented should normally reflect the real situation of a providing Member and its 
beneficiaries. We should therefore discuss the issue by taking the viewpoints of both providing and 
benefitting Members into account. Japan is open about where in the House to discuss measures for 
Members following their graduation from LDC status. We will c ontinue to participate constructively 
in discussing this proposal so that we can discuss each instrument and agreement substantively.  
8.50.  The representative of Samoa , on behalf of the Pacific Group , delivered the following 
statement:  
8.51.  We thank Djibouti for the revised proposal for the WTO smooth transition package for 
graduating LDCs. We commend the LDC Group, and the immense work undertaken already to further 
modify this proposal to garner more support among the membership. Given the multi -crisis situation 
faced by the world today, we are cognizant of the fact that these pressures could send graduating 
LDCs back to LDC status. As expressed in previous General Council meetings, we are in full support 
of this proposal. We strongly urge Members to favourably consid er an outcome on this preferably in 
advance of MC13.  
8.52.  The representative of Jamaica  delivered the following statement:  
8.53.  We thank Djibouti for introducing the LDCs submission circulated in the WT/GC/W/807/Rev.2. 
It is clear from our perspective that the LDC Group has shown flexibility in its genuine pursuit, 
especially in an increasingly complex trading environment. We do not think it is feasible for 
graduating LDCs to adjust to an abrupt removal of preferential treatment that has assisted their 
trade and dev elopment over the years. We therefore believe that the LDCs that have graduated, will 
require transition to assist with their integration into the global trading system. We call Members to 
show flexibility in their engagement on the proposal, so we can arr ive at an agreement as soon as 
possible.  
8.54.  The representative of the Republic of Korea  delivered the following statement:  
8.55.  My delegation welcomes the latest modifications that have been made to the proposal by the 
LDC Group.  We have already noted that the ea rlier revisions contained in Annex 1 represent positive 
steps and that the Korean delegation stands ready to work constructively to make real progress on 
this issue before MC13. The latest change made to Annex 1 adds further flexibility, which we 
welcome. Getting a decision on DFQF extension for graduated countries across the finish line would 
represent a meaningful milestone in the WTO's ability to deliver tangible development -related 
outcomes. On Annex 2, we are of the view that the LDC Sub -Committee can be an appropriate place 
– albeit not the only venue – to undertake more substantive discussions on continued access to LDC -
specific technical assistance and to LDC -specific provisions in WTO Agreements. At the same time, 
we would appreciate further clarity  about whether the LDC Sub -Committee has the mandate to 
develop recommendations that would eventually become the basis of a GC decision. Moreover, WT/GC/M/202  
 
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  Annex 2 of the latest revision includes a new paragraph on exemptions from the dispute settlement 
mechanism. One wonders whether newly introducing a systemic element at this stage is actually 
conducive to reaching convergence. We look forward to further clarification about this paragraph.  
8.56.  The representative of Singapore  delivered the following statement:  
8.57.  We than k Djibouti and the LDC Group for their revised proposal. Graduation is a milestone 
that marks an important transition for LDCs. In this connection, Singapore will continue our efforts 
to contribute towards a smooth transition by means of technical assistan ce and capacity building 
support through our longstanding partnership with the WTO to conduct Third Country Training 
Programmes for developing and LDC Members. Since 1996, we have collaborated closely with the 
Secretariat to conduct two programmes annually  on a wide range of issues including sustainable 
trade, dispute settlement and notifications. All Members share the same objective of supporting LDC 
Members in their integration into the multilateral trading system. Hence, it is encouraging to see the 
healthy dialogue between LDCs and interested Members to finetune the proposal including the latest 
adjustment to revise the period of Duty -Free Quota -Free extension from twelve years to six years. 
Given the different needs of LDC Members, S&DT will best serve their purpose if they are tailored to 
the needs of each Member rather than taking the one -size-fits-all approach. Hence, it will benefit all 
sides to continue discussing how S&DT can best be applied to achieve optimal benefits to LDCs and 
identify an appro priate timeframe for their implementation.  
8.58.  The representative of India delivered the following statement:  
8.59.  I would like to thank Djibouti and the LDC Group for this item and for revising the 
communication. India once again reiterates its support for the LDC  proposal, and we hope that the 
revised document addresses some Members' concerns and can forge a consensus for an expeditious 
outcome on this important file, including providing a reasonable period for graduating Members  – 
especially at a time when most of us are facing COVID -related shocks as well as many least -
developed countries facing trade -induced  balance of payment crisis. It would be more prudent to 
take expeditious action to avoid the problem of sliding back for these countries.   
8.60.  The representative of the Russian Federation , provided  the following statement:  
8.61.  The Russian Federation is a traditional supporter of developing countries. We thank Djibouti 
and the LDC Group for the communication provided. We believe that this proposal wil l make a 
significant contribution to the implementation of the MC12 arrangements to support the LDCs. The 
Russian Federation expresses its readiness to continue work in this direction. We are ready to engage 
constructively with all interested parties on th e future negotiations on this issue.  
8.62.  The representative of Djibouti , on behalf of the LDC Group , delivered the following statement:  
8.63.  I would like first to thank all delegations for their comments and views expressed on the LDC 
submission. I would like to start by  indicating that the LDC Group is ready to continue engaging on 
its proposal and we count on Members to have a constructive engagement on our proposal. As the 
LDC Group, we are very mindful of not creating any discrimination and the aim of our propo sal is 
definitely not to do so. I just want to reassure delegations that said that our proposal would create 
discrimination within the membership  that this is not the aim of our proposal. We stand ready to 
engage so that we can clarify why that is not goin g to create any discrimination. We carefully, as 
LDCs, looked at our proposal before presenting it to the membership and we are very grateful to 
delegations that are ready and appreciate the work that we have been doing with them, while taking 
onboard thei r concerns and their reactions to the initial proposal. We stand ready to continue doing 
so. We tend to agree to the idea of having a decision by the General Council  on this proposal at the 
earliest possible date, not necessarily waiting for MC13. We belie ve that the General Council, in 
between Ministerial Conferences, could positively contribute to making decisions. As soon as it is 
ready, and the membership is onboard with our proposal, we favour having the General Council  
decide before MC13. I heard also  some questions and clarifications. We stand ready to provide those 
clarifications. But I would just like at this juncture to caution against having the proposal of the LDCs 
becoming the place where discussions that are very complicated and controversial t o happen and 
be perceived as part of our proposal. This is not the aim of the LDCs to be a vehicle for such 
controversial discussions . We would rather look at the membership and request  all Members to 
constructively be part  of our conversation to find a so lution  to our specific problems. Many LDCs WT/GC/M/202  
 
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  have expressed their challenges today. N on-LDCs can also understand that our ultimate  aim is to 
make sure that LDCs , when they leave the LDC category, would not relapse into th at category . We 
all know that the str uctural transformation of our economies as well as our productive capacities are 
not yet at the level  that they should be. Even though we are eager for the 14 LDCs  that have  fulfilled 
one of the three criteria to graduate , and that LDCs  are happy to graduate, we still want to make 
sure that it will be sustained. The aim of the proposal is to achieve that goal. All the comments have 
been taken note of . We invite delegations to engage with and approach us, and we will be clarifying 
as much  as possible the questions. We count on the political will to find the solution with us.  
8.64.  The Director -General  delivered the following statement:  
8.65.  I detect a lot of goodwill on both sides. This matter has been going on for some time and with 
the change in to ne, I hope we can really try to come to some agreement on this LDC graduation 
matter that has been trailing for some time. I just wanted to remind Members that, in my earlier 
statement, I noted that the UN will have the LDC Conference in early March 2023 . Some of these 
issues will arise. I hope we will be able to make some advances or progress by then.  
8.66.  The General council took note  of the statements made.  
9  IMPLEMENTATION OF THE MINISTERIAL DECLARATION ON THE WTO RESPONSE TO 
THE PANDEMIC AND PREPAREDNESS FOR  FUTURE PANDEMICS – COMMUNICATION FROM 
THE AFRICAN GROUP (WT/GC/W/858)  
9.1.  The Chair noted that t he item and document entitled "Implementation of the Ministerial 
Declaration on the WTO Response to the Pandemic and Preparedness for Future Pandemics " in 
WT/GC/W/ 858 had been  put on the agenda at the request of the African Group.  
9.2.  The representative of Cameroon , on behalf of the African Group , delivered the following 
statement:  
9.3.  The African Group acknowledges the Chair's efforts to follow up on the MC12 outcomes.  
COVID-19 is the first pandemic since the establishment of the WTO and has been rich in lessons for 
the international community in all areas. It is vital that these lessons help ensure we are better 
prepared in the future. This can be made possible through ex perience sharing, the identification of 
measures to facilitate the WTO's contribution, and the introduction of pre -established processes that 
would quickly trigger a response from the WTO. This is the essence of our proposal that invites the 
General Counci l to report on the initiatives of the various bodies and provide an updated report on 
related activities. All WTO bodies are ipso facto called upon to continue and step up their work in 
this regard. The Ministerial Declaration on the WTO Response to the CO VID-19 Pandemic and 
Preparedness for Future Pandemics in WT/MIN(22)/31 – WT/L/1142 adopted at MC12 provides an 
excellent road map to guide our work.  
9.4.  The representative of Nigeria  delivered the following statement:  
9.5.  We wish to associate ourselves with the st atement by the African Group on this issue. The 
challenges arising from the health, economic and social impacts of the COVID -19 pandemic 
effectively rolled back the economic gains achieved by most Members in the last decade. It is 
therefore of critical imp ortance that we leverage on the lessons learnt and be prepared for any future 
pandemic. In addition to experience sharing, Members could discuss the appropriate policy 
instruments within the WTO toolbox that Members could trigger to mitigate the adverse ef fects of 
any future pandemic.  
9.6.  The representative of Tunisia  delivered the following statement:  
9.7.  We associate with the statement by the African Group. COVID -19 has highlighted the 
limitations of past actions and the need for a more ambitious and consistent approach to pandemic 
preparedness. During MC12, Members strived to learn from the challenges faced during the 
pandemic and identified various areas where multilateral cooperation should be strengthened, and 
solutions sought to ensure better preparedness fo r future ones. We all welcomed the political 
commitments made in particular in paragraph 23 of the relevant MC12 Ministerial Declaration 
recognizing the importance of sharing data and experience as well as the need to develop effective WT/GC/M/202  
 
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  solutions to manage future pandemics. In this regard, the African Group's communication is timely, 
proposing a way forward which we support and consider appropriate for the effective implementation 
of our Ministers' recommendations in particular through the coordination of co mmitments between 
the relevant WTO bodies and the identification of issues within their respective mandates. A regular 
review of progress in the work of the relevant bodies by the General Council would ensure the 
adoption of a well -structured approach and lead to rapid progress in this process.  
9.8.  The representative of Kenya , on behalf of the ACP Group , delivered the following statement:  
9.9.  The ACP Group welcomes the initiative of the African Group in WT/GC/W/858, in particular, 
highlighting the mandate from Ministers in paragraphs 23  to 26 of the MC12 Declaration on the WTO 
Response to the C OVID -19 Pandemic and Preparedness for Future Pandem ics. The MC12 Declaration 
represents a delicate balance on this issue which must be at the forefront of our work, especially in 
light of the preparedness needed for any future pandemics. We note that the MC12 Declaration 
provided that the General Council m ay be called upon to meet to facilitate dialogue and cooperation. 
We applaud the work of the Director -General as well in her continued cooperative efforts with other 
relevant organizations. While the relevant bodies of the WTO are expected to continue to i nitiate 
work based on the proposals of Members, the Ministerial Declaration requires a yearly stocktaking 
exercise by the General Council on the work of the bodies and until 2024.  
9.10.  The representative of Pakistan  delivered the following statement:  
9.11.  Pakistan w elcomes the document WT/GC/W/858  shared by the African Group. The 
membership has witnessed a situation that left much to be desired for many, especially when it 
came to consensus building in its fight against COVID -19. While I would like to believe the pan demic 
is behind us, it is hard to downplay the seriousness of COVID -19, knowing that the coronavirus has 
more than 4,800 sequences reported thus far – and is far from over. Pakistan has stressed in 
previous statements that the WTO needs to act with the und erstanding that emerging infectious 
diseases which have been on the rise cause numerous outbreaks and can reach pandemic 
proportions. In the past two decades alone, we have seen emergence of three coronaviruses causing 
highly consequential human outbreaks.  In the past century, we have the virus pandemics in 1918, 
1957, 1968, and 2009 to HIV in 1981 and now COVID -19. The pattern of continuing emergence 
highlights a recurrent lesson. Unfortunately, the world has largely failed to meet the challenge to be 
better prepared to prevent or respond to the next outbreak whatever the aetiology is. This is all the 
more reason for the WTO not to be complacent. Pakistan seconds the suggestion in WT/GC/W/858  
and requests the General Council to urge subsidiary bodies to ide ntify issues falling within their 
mandates and to update their agendas to reflect those mandates and develop work programmes to 
deliver on the m. 
9.12.  The representative of South Africa  delivered the following statement:  
9.13.  We associate ourselves with the statement  by the African Group. The coronavirus will not be 
the last pandemic in our lifetime. Scientists have been warning that the threat posed by zoonotic 
diseases is on the rise. The risk of a new pandemic is higher now than ever before. As we continue 
to look for meaningful ways and deliver on a comprehensive solution that include therapeutics and 
diagnostics, we should not lose sight of the importance learning from experience of the COVID -19 
pandemic to ensure that we are better prepared for future pandemics. The pandemic has exposed 
weaknesses of multilateralism, inequities and affordability of medical products and resource 
allocation to Africa, and broken promises for vaccine and treatments equity. This status quo is 
unacceptable. We need a multipronged appro ach that targets these threats collectively. We must 
learn from the way in which different countries responded to the COVID -19 pandemic and build on 
successful approaches to ensure equitable pandemic preparedness in the future. Tackling a 
pandemic requires  a global response. Individual countries need to prepare, but success will be 
hindered if some are left without the capacity to respond to a new threat. It has also highlighted the 
importance of health security. Concentration of manufacturing is clearly wh at contributes to the 
continued vulnerability and continues to threaten the already fragile economic recovery. Failing to 
prepare means preparing to fail. Success in preparing for future pandemics will depend on proactive, 
regional and global collective re sponses. We should therefore not waste time. We must assign work 
to the relevant bodies of the WTO to develop mechanisms for preparedness and resilience building 
and report regularly to the General Council. We must develop effective solutions in case of fu ture 
pandemics as captured in paragraph 23 of the relevant MC12 Ministerial Declaration, including on WT/GC/M/202  
 
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  balance of payments, development, export restrictions, food security, intellectual property, and 
technology transfer in an expeditious manner.  
9.14.  The represe ntative of Djibouti , on behalf of the LDC Group , delivered the following statement:  
9.15.  The LDC Group thanks the African Group for its communication contained in WT/GC/W/858 
on the implementation of the Ministerial Declaration on the WTO Response to the COVID -19 
Pandemic and Preparedness for Future Pandemics . We welcome the submission in particular the 
need to carry out the work envisaged by Ministers in WT/MIN(22)/31 – WT/L/1142 . We would also 
like to draw Members' attention  to the relevant provisions on this issue in the LDC Ministers' 
Declaration of October 2021, our LDC  Group submission contained in WT/GC/211, and our 
contributions in the MC12 WTO Response to the Pandemic  process . 
9.16.  The representative of the European Union  delivered the following statement:  
9.17.  The European Union thanks the African Group for this communication which rightly recognizes 
that the MC12 Declaration on the response to the pandemic identified a number of challenges facing 
Members during the pandemic, as well as the importance of a stable and predictable trading 
environment. The European Union once again welcomes this Declaration. We are encouraged by the 
fact that a number of WTO bodies across the Organization have considered how to best take the 
work forward on that basis. The EU has been  actively engaged in these processes and will continue 
to do so in accordance with the MC12 Declaration. According to the Declaration, "relevant WTO 
bodies will, within their field of competence and on the basis of proposals by Members, continue or 
initiat e work as soon as possible". The EU is ready to consider any proposals that Members may 
submit in the context of these WTO bodies to further the implementation of the MC12 Declaration.  
9.18.  The representative of China  delivered the following statement:  
9.19.  China welcomes the communication submitted by the African Group regarding the 
Implementation of the Ministerial Declaration on the WTO Response to the Pandemic and 
Preparedness for Future Pandemics. Like the co -sponsors and many other Members, China believ es 
Members should carry out experience sharing activities and develop effective solutions in an 
expeditious manner in those areas identified in the Ministerial Declaration to ensure better 
preparedness for future pandemics. We are glad to see that WTO bodi es, such as the CTG and the 
CTS, have already started consultations on the possible work and format that they may embark 
upon concerning the Ministerial Declaration. We are also delighted at the great work undertaken by 
technical committees such as the Com mittee on Trade Facilitation, SPS and TBT Committee s – and 
in particular the Committee on Market Access which has organized five experience -sharing sessions 
this year to discuss various topics relating to the pandemic. China has been supporting and activel y 
participating in relevant dedicated sessions, sharing China's experiences and practices responding 
to the COVID -19 pandemic, including the experience of promoting import and export of COVID -19 
goods and classification and monitoring of trade in COVID -19 goods. China will continue to make 
our contribution to the better preparedness for future pandemics. We look forward to engaging with 
the African Group to further understand the communication including the term of "structured 
approach". We hope Members can  come up with tangible outcomes to support Members' better 
preparedness for future pandemics as soon as possible.  
9.20.  The representative of Switzerland  delivered the following statement:  
9.21.  We thank the African Group for their communication. It is in our view imp ortant to draw 
lessons from the COVID -19 pandemic. The work has indeed already started in some committees 
with inter alia experience sharing sessions. Pursuant to paragraph 23 of the relevant MC12 Ministerial 
Declaration, our future work should aim at prom oting a global, coordinated and informed response 
to a future pandemic. Bearing this objective in mind, we are interested in maintaining an open 
dialogue with the African Group and all WTO Members on how best to implement the mandate given 
by our Ministers  at MC12.  
9.22.  The representative of Bangladesh  delivered the following statement:  
9.23.  Bangladesh thanks the African Group for the communication in WT/GC/W/858 which has 
highlighted the necessity of implementing the MC12 Declaration on WTO Response to the Pandemic WT/GC/M/202  
 
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  and Preparedness for Future Pandemics. Our delegation appreciates that the communication has 
prioritized the need to better prepare for future pandemics, the need for multilateral response in the 
WTO, and in that regard, the need for developing work progra mmes in an expeditious manner. 
Paragraphs 23 to 26 of the Ministerial Declaration are quite clear to set the futuristic agenda on 
these issues. We must engage in productive dialogues to implement the good gestures of our 
Ministers. Our delegation looks for ward to engaging with Members in this regard.  
9.24.  The representative of India delivered the following statement:  
9.25.  India would like to thank the African Group  for their submission in  WT/GC/W/858 . India agrees 
with the broad contents and message contained in the submission including the forward -looking 
agenda that has been set out. One of the important areas that Members identified in the response 
to the pandemic declaration was the need to learn from the experience of the pandemic. It is 
important for Members  to distil their experiences and understand the role that the WTO has played 
in helping them to respond to the crisis. We need to analyse the responses of the various countries 
within the legal framework of the WTO. On this basis, Members  need to examine if th e rules should 
be modified to enable a faster, more effective response. In this regard, I would like to highlight 
paragraph 23 of the Declaration. We also need to reflect on how the WTO can work with other 
international organizations to institutionalize a pandemic and natural disaster response system. This 
work is especially urgent now. For much of the world, the pandemic has not yet ended. Countries 
are still suffering from the pandemic 's prolonged economic impact, and we hope that the General 
Council will  take the initiative to drive this agenda forward towards our immediate contribution. We 
are working on a telemedicine paper in this regard based on our experience and we will be shortly 
coming with that .  
9.26.  The representative of Brazil  delivered the followi ng statement:  
9.27.  Brazil thanks the African Group for its communication in WT/GC/W/858. We welcome the call 
to follow up on the Ministerial Declaration and update the work of WTO bodies to contribute to the 
response to the pandemic and to resilience building. Brazil remains ready to engage in this important 
agenda. A key disposition of the Ministerial Declaration was based on a proposal made by Brazil and 
refers to the role of technology transfer to confront health issues that afflict developing and LDC 
Members  such as HIV/AIDS, tuberculosis, malaria and neglected tropical diseases. Creating sound 
and resilience health sectors in the developing world is needed to address market failures that 
prevent the development of essential medical goods for extant endemics.  In this sense, I would like 
to convey our appreciation for the work done this year by the Chair of the Working Group on Trade 
and Transfer of Technology, Ambassador Luis Chuquihuara Chil (Peru), who organized a discussion 
on how technology transfer can be  employed in order to promote access and innovation in a 
pandemic context.  
9.28.  The representative of Indonesia  delivered the following statement:  
9.29.  Learning from the HIV/AIDS outbreak in the 1980s, and now the COVID -19 pandemic that I 
am afraid will also last f or years to come, historically, the WTO has only been reacting to the problem 
instead of responding to it. The Ministerial Declaration on the WTO Response to the Pandemic and 
Preparedness for Future Pandemics is our chance to create an automated response w henever such 
occurrences happen in the future, without spending our time and resources to negotiate in an ad -
hoc basis, while people are dying during our watch. The document presented by the African Group 
has laid out a map for us in developing structured mechanisms to ensure better preparedness to 
deal with future pandemics.  
9.30.  The representative of Chinese Taipei  delivered the following statement:  
9.31.  My delegation would like to thank the African Group for this communication on the 
implementation of the Minister ial Declaration on the WTO Response to the Pandemic. We support 
the idea of effectively carrying out the forward -looking agenda contained in the Ministerial 
Declaration. It would also be useful that the General Council calls on the relevant WTO bodies to 
develop work programmes and regularly reviews progress. We also like to emphasize that the entire 
declaration, including reaffirming the commitment to transparency with regard to trade -related 
measures applied in an emergency context, and exercising due res traint in the imposition of trade 
restrictive measures on essential goods and their inputs, continues to be relevant. It is of high WT/GC/M/202  
 
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  importance to promote and implement these principles embodied in the Declaration. We look forward 
to engaging further in tho se discussion early next year.  
9.32.  The representative of the Russian Federation  delivered the following statement:  
9.33.  Russia remains committed to enhancing responses to pandemics and crises in general. The 
illustrative compilation of areas where the WTO can contr ibute to this objective contained in the 
MC12 Declaration on the COVID -response was a good start. However, to move forward, those areas 
need to be further discussed by experts in the relevant working bodies. We thank the African Group 
for the efforts to st reamline the activity to implement the MC12 Declaration on the pandemic 
response. From Russia's point of view, the proposed way of organizing the discussions can be helpful 
and deserves further attention.  
9.34.  The representative of the United Kingdom  delivered  the following statement:  
9.35.  COVID -19 created unprecedented trade impacts. Never before has a wave of measures been 
applied to the same products at the same time right across the world. In fact, the evidence shows 
that more than two thirds of us simultaneousl y imposed measures to restrict exports or liberali ze 
imports of medical goods. According to the World Bank, the resulting disruptions boosted average 
trade costs by as much as 60  per cent i n critical products. At the sharp end , we have our LDC 
partners who  were often disproportionately impacted by price spikes as was emphasised in their 
Ministerial Declaration in 2020. The UK has always considered that the WTO and the weight of its 
collective expertise has a central role to play in the response to C OVID -19. It was on that basis that 
the UK supported an ambitious outcome to the declaration on the pandemic at MC12. Therefore, we  
thank the Africa n Group for this paper and agree with the thrust of the remarks by Cameroon that 
without learning from the lessons of the past, we cannot unlock the potential to prepare for future 
pandemics. On that basis , let me welcome the technical wor k across Committees where our experts 
are already working together to identify best practice s. To be most effective , these discussions must 
factor in the experiences from Members from across the globe from developed nations to LDC 
partners so we can hope f or maximum engagement. The UK thank s the Secretariat for their support 
to Members in this process thus far as well as for their first class reporting throughout the pandemic 
which concretely informed our own trade response back in London . 
9.36.  The representativ e of Singapore  delivered the following statement:  
9.37.  I join others for thanking the African Group for its paper. Singapore looks forward to engaging 
the proponents and other interested Members to better understand the substance of the paper. We 
must learn the  right lessons from the global experience in combatting the COVID -19 pandemic. Two 
key lessons spring to mind. One, at the onset of the pandemic, many Members panicked and 
introduced export restrictions that caused severe disruptions to supply chains. As h ighlighted in the 
DG's annual report on the "Overview of Developments in the International Trading Environment", 
while most of the COVID -19-related trade restrictions were phased out, 41 restrictions still remain 
in place, and affecting over USD130 billion  worth of trade. Two, we saw how the international 
intellectual property regime, which had supported R&D, enabled pharmaceutical companies to 
respond expeditiously with COVID -19 vaccines. Hence, Members must ensure that the WTO can 
continue to play the imp ortant role of ensuring a stable and predictable trading environment, so that 
we are better prepared for future pandemics. We encourage Members to table proposals at the 
relevant WTO bodies. The MC12 "Declaration on the WTO Response to the COVID -19 Pandemi c and 
Preparedness for Future Pandemics" instructed relevant WTO bodies to continue or initiate work as 
soon as possible on the basis of Members' proposals, and for the General Council to undertake a 
stocktaking exercise of the work by the relevant WTO bod ies yearly until the end of 2024. Singapore 
commends the ongoing pandemic -related work in WTO bodies. For example, the Chair of the Council 
for Trade in Goods is conducting a review of pandemic -related work in its subsidiary bodies. As 
highlighted by China , the Committee on Market Access has also set a good example by conducting 
a series of COVID -19 experience -sharing sessions in collaboration with the World Customs 
Organization and other non -governmental stakeholders. We look forward to continuing working with 
interested Members on these fronts to identify and develop concrete outcomes in building resilience 
towards future pandemics.  
9.38.  The representative of Jamaica  provided the following statement:  WT/GC/M/202  
 
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  9.39.  Jamaica wishes to thank the African Group for their submission in WT/GC/W/858. The impact 
of the pandemic continues to disrupt trade and economic activities. While we have made significant 
progress in recovery, Jamaica has not yet fully recovered in the ar ea of trade. Recovery has not 
been equitable, and the Declaration provides the framework within which the WTO can assist in 
bringing equity to recovery and to the process of building resilience. Jamaica fully supports the 
submission by the African Group as  it highlights important issues and rightfully call for the WTO 
Bodies to begin work on the implementation of the Ministerial Declaration. We have been calling for 
this in our statements. As a services -oriented economy, Jamaica would want the WTO to undert ake 
extensive work in services during the implementation of the Declaration, as this sector, especially 
tourism, was the most severely hit by the pandemic. Food security, logistics, export restriction issues 
and technology transfer are also important matte rs in respect of which the WTO can play an effective 
role in ensuring that developing countries' recovery is unhindered. Of crucial importance is the need 
for the WTO to ensure that it agrees on how to respond to future emergencies that affect the 
liveliho od, trade and economies of its Members. We welcome the initiative of the African Group and 
look forward to participating in the deliberations.  
9.40.  The representative of Cameroon , on behalf of the African Group , delivered the following 
statement:  
9.41.  I would like to thank, first and foremost, all the delegations that intervened  for the interest 
they have shown in this matter. Quite a few questions were raised in the process, and we stand 
ready to focus on the questions, the motivations and the concerns raised.  We will, for this reason, 
continue discussions and exchanges of views in the upcoming meetings of the General Council.  
9.42.  The General Council took note  of the statements.  
10  DERESTRICTION OF THE URUGUAY ROUND NEGOTIATING MATERIALS – DRAFT 
DECISION (G/C/W/822)  
10.1.  The Chair drew Members' attention to the Draft Decision on the Derestriction of the Uruguay 
Round Negotiating Materials contained in document G/C/W/822. The Council for Trade in Goods, at 
its meeting in November, agreed to forward this draft decision to the Gene ral Council for adoption. 
The Chair noted that unless any delegation wished to comment, he proposed that the General Council 
adopted the aforementioned draft decision.   
10.2.  The General Council so agreed .22 
11  WAIVERS UNDER ARTICLE IX OF THE WTO AGREEMENT  
A. Introduction of Harmonized System 2002 Changes into WTO Schedules of Tariff 
Concessions – Draft Decision (G/C/W/815)  
B. Introduction of Harmonized System 2007 Changes into WTO Schedules of Tariff 
Concessions – Draft Decision (G/C/W/816)  
C. Introduction of Harmonized System 2012 Changes into WTO Schedules of Tariff 
Concessions – Draft Decision (G/C/W/817)  
D. Introduction of Harmonized System 2017 Changes into WTO Schedules of Tariff 
Concessions – Draft Decision (G/C/W/818)  
E. Introduction of Harmonized Syste m 2022 Changes into WTO Schedules of Tariff 
Concessions – Draft Decision (G/C/W/820)  
11.1.  The Chair said that t here were a number of sub -items under this agenda item. In this regard, 
he noted  that the draft waiver decisions for the matters listed in sub -items 1 1(a) to 11(e) had been  
taken up for consideration by the Council for Trade in Goods at its meeting on 24 November. For 
these items, the Chair of the Goods Council was required to report to the General Council.  
 
22 The decision was subsequently circulated in WT/L/1159.  WT/GC/M/202  
 
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  11.2.  Mr. Etienne Oudot de Dainville (France), Chair of the Council for Trade in Goods , delivered 
the following  report on the CTG's consideration of these matters in a single intervention:  
11.3.  I would like to report that, at its meeting of 24 and 25 November 2022, the Council for Trade 
in Goods considered five waiver requests. The first four are collective waiver requests of extensions 
to the introduction of Harmonized System changes for 2002, 2007, 2012 and 2017 into WTO 
Schedules of Concessions, which are based on similar waivers currently in force that will e xpire on 
31 December 2022. The fifth is a first -time collective draft waiver decision on the introduction of 
Harmonized System 2022 changes to Schedules of Concessions. The Council approved the draft 
decisions contained in documents G/C/W/815, G/C/W/816, G /C/W/817, G/C/W/818 and 
G/C/W/820; and recommended that it be forwarded to the General Council for adoption. The five 
draft decisions that are being put forward today for consideration by the General Council have 
followed the procedures provided for in Art icle IX (b) of the Marrakesh Agreement and are contained 
in the documents listed in the Airgram of today's meeting. Finally, I would like to note that, at its 
November meeting, the CTG recommended that the five draft waiver decisions contained in these 
waiver requests be forwarded to the General Council for adoption.  
11.4.  The Chair proposed that , in accordance with the Decision -Making Procedures under Articles  IX 
and XII of the WTO Agreement agreed in November 1995 (WT/L/93), the General Council adopt 
these five  draft Decisions referred to by the Goods Council Chair  in his report.  
11.5.  The General Council so agreed23. 
F. Review of Waivers Pursuant to Article IX:4 of the WTO Agreement  
11.6.  The Chair recalled that, in accordance with paragraph 4 of Article 9 of the WTO Agree ment, 
"any waiver granted for a period of more than one year shall be reviewed by the Ministerial 
Conference not later than one year after it is granted, and thereafter annually until the waiver 
terminates." There were seven waivers before the General Coun cil for review, as listed under sub -
item (f) in the proposed agenda. He stressed that these waivers had already been agreed by the 
General Council and that they were in force. The General Council was not expected to take any new 
decision on their renewal o r otherwise at this meeting. Five of the waivers under review provided 
that an annual report should be submitted by the Members concerned. The reports from these 
Members had been circulated in documents WT/L/1157 from Cuba, and WT/L/1153 , WT/L/1154, 
WT/L/1 155 and WT/L/ 1156 from the United States.  
11.7.  The representative of Cuba delivered the following statement:  
11.8.  My delegation is complying with the provisions of the decision of 23 November 2021 
(WT/L/1128) and is submitting its first annual report in accordance with the extension granted in 
the above -mentioned decision. Although the Republic of Cuba's full report w as circulated as 
document WT/L/1157, I would like at this juncture to refer to certain parts of the report. The 
circumstances that justified the waiver extension granted in 2021 not only remain virtually 
unchanged, but have also worsened. This applies, in particular, to the economic, trade and financial 
blockade measures that the Government of the United States of America is continuing to impose on 
Cuba, which have been aggravated by the impact of the COVID -19 pandemic and the global 
economic and financial crisis caused by this disease. The new Democrat administration that entered 
the White House in January 2021 has continued to apply the 243 measures imposed by the previous 
administration. In May 2022, a series of actions were announced, which, while welcom ed as positive, 
are of very limited benefit to the Cuban people. The rigid and hostile blockade policy against Cuba 
continues to be the main impediment to the country's economic development, by hampering the 
performance of all sectors of its domestic econo my, by substantially increasing financial costs and 
impeding access to external financial flows, and by obstructing essential imports, mainly food, 
medicines and fuel. Consequently, the country's efforts to integrate into the world trading system 
are being  made under particularly difficult conditions, as a result of a policy that contradicts the 
principle of free trade. The blockade legislation also prohibits loans to Cuba by multilateral and 
regional financial organizations, thereby denying the country acc ess to sources of long -term 
financing under favourable conditions and forcing it to resort to short -term loans with high interest 
rates and supplier financing on a much less flexible basis than credit from financial institutions and 
 
23 The decisions were subsequently circulated in WT/L/1160, WT/L/1161, WT/L/1162, WT/L/1163, 
WT/L/1164 and WT/L/1164/Add.1, respectively.  WT/GC/M/202  
 
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  official sources. The b lockade is a blatant violation of international law and the principles of free 
trade and navigation enshrined in numerous international legal instruments, including the rules of 
the WTO. It runs counter to the purposes and principles of the United Nations Charter, while 
constituting an infringement of a sovereign State's right to peace, development and security. This 
body of legislation, applied over six decades, has caused the Cuban nation severe economic damage 
estimated at USD 153,197 million at current prices, and amounting to USD 1,391,111,000 by the 
end of February 2022, taking into account the depreciation of the dollar against the value of gold on 
the international market. Moreover, the economic, commercial and financial siege that has been 
kept in p lace unchanged by all the US administrations since 1961 imposes extraterritorial restrictions 
on Cuba that also affect other WTO Members. For Cuba, 2021 was a very difficult and complex year 
characterized by severe economic and financial tensions stemming from the US blockade, monetary 
instability, price volatility on the international market, and the effects of the global financial crisis. 
The SARS CoV -2 (COVID -19) pandemic generated and continues to generate additional costs for the 
country because of the  need to maintain disease control levels. The policy of economic and financial 
persecution has continued to intensify against third -country banks and firms, thus generating 
greater obstacles for the Cuban bank in its international operations. The central a spects of this 
situation are the considerable fines imposed on major European Banks, the implementation of 
Title III of the Helms -Burton Act and Cuba's inclusion, once again, on the State Sponsors of 
Terrorism list. This last measure, as well as being ille gal and unjustified, has been widely criticized 
and rejected by the international community, as reflected in the UN General Assembly's 
overwhelming vote against the blockade policy last November. The host of difficulties mentioned 
above prevent the signing  of a special exchange agreement with WTO Members. All the above factors 
show that the particular circumstances that gave rise to the extension approved on 
23 November  2021 of the waiver extension granted to Cuba under the Decision of 7 December 2016 
continue to exist. Cuba confirms its willingness to comply with the principles laid down in the General 
Agreement.  
11.9.  The representative of Jamaica  delivered the following statement:  
11.10.   I take the floor for item 11(f)(v). Jamaica values the longstanding and mutually beneficial 
trade relationship it is has had with the United States. Since then, the US has remained Jamaica's 
main trading partner, accounting for just over 40 per cent of Jamaica's total merchandise trade. The 
Caribbean Economic Recovery Act (CBE RA) is critical in this regard. Jamaica exports a range of 
traditional and non -traditional products duty -free to the US market primarily under this unilateral 
preferential arrangement. Approximately 90 per cent of exports from Jamaica enter the US market 
under CBERA preferences. The renewal of the WTO waiver for the CBERA represents an important 
affirmation of the commitment of the US to economic development and facilitating the stabilization 
and economic resilience of the economies in the Caribbean region,  particularly in the wake of the 
devastating impact of the COVID -19 pandemic, which had an adverse impact on external demand 
for Jamaica's goods and services as reflected in a reduction of merchandise exports from Jamaica to 
the US market. The continuation  of the CBERA  / Caribbean Basin Trade Partnership Act  (CBTPA ) 
preferences forms a key part of Jamaica's post -COVID -19 economic recovery strategy. Jamaica's 
relationship with the US is a vital part of the country's overall trade as the US is our top export 
market and main source of imports. Over the 2015 -2019 period, exports to the US grew by 36 per 
cent. In 2019, exports increased by 6.9 per cent over the value of exports for 2018. Due to the 
pandemic, Jamaica's exports to the United States decreased by 10. 09 per cent in 2020.  Jamaica has 
made use of the CBERA to diversify its exports to the US and has managed to develop an export 
niche in the US market. Jamaica 's increasing exports of non -traditional products to the US is an 
example of this. Jamaica account ed for over 74.4 per  cent of overall US imports of yams, sauces 
and food preparations in 2018. Jamaica 's exports of non -traditional products to the US, including 
alcoholic beverages (excluding rum), sauces and food preparations, spices, yams, mineral fuels  
(excluding ethanol) and baked products, accounted for approximately 67 per  cent of total exports 
to that market in 2019 and 2020. Jamaica has sought to increase its level of utilization under the 
CBERA and has been engaging the local private sector to inc rease sensitization of the trade 
preferences available under the programme and exports to the US market. To this end, local 
authorities worked with the United States Trade Representative (USTR) to hold two virtual events in 
2020 to increase awareness of th e programme and explain its benefits. These efforts have seen 
results as previously 86 per  cent of rum exports from Jamaica entered the US market without 
claiming a preference under the CBERA. However, in 2020 all eligible rum from Jamaica entered the 
US m arket under the CBERA. While the CBERA continues to generate important benefits for Jamaica, 
particularly in terms of exports to the US, it is important to note that the US has unrestricted access 
to the Jamaican market. Jamaica is among the few countries in the world with which the US has a WT/GC/M/202  
 
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  positive trade balance. Given the importance of CBERA to the Caribbean, we do call on WTO Members 
to view this initiative positively and assist efforts in ensuring that it continues to assist the 
development of benefici ary countries in the Caribbean region.  
11.11.   The representative of Antigua and Barbuda , on behalf of the OECS and CARICOM , delivered 
the following statement:  
11.12.   The OECS thanks the United States for its oral contribution on this item, as well as its report  
in docu ment WT/L/1154. The preferential access granted by the US to OECS countries under the 
Caribbean Basin Economic Recovery Act continues to be very beneficial to many of our exporters. 
However, we note that for the majority of our members, exports to the US a re generally down 
compared to a decade ago. It is noteworthy that during this time, our member States have been 
impacted by the fallout from the global economic crisis which lingered long after many other 
economies around the world had recovered. We also h ad to contend with the devastating impact of 
natural disasters, such as several category five hurricanes and a volcanic eruption. We look forward 
to further engagement with the US to strengthen our efforts to diversify our exports and build 
economic resili ence so that we can be even better positioned to access the full benefits of CBERA.  
11.13.   I deliver this statement on behalf of CARICOM . We are grateful to the United States  for its 
annual report and the unilateral preferences provided under the Caribbean Basin  Economic Recovery 
Act. As highlighted in our group's intervention last week, during the US Trade Policy Review, the US 
and C ARICOM  are neighbours with a long history of generally good relations. The US has been one 
of our region's most important trading p artner. CARICOM, as a region, consist s of small economies 
with limited markets and resources. The trade preferences under CBERA are a critical component of 
our region's trade relationship with the United States, as we seek economic expansion to support 
economic development. The US imports under CBERA from Haiti increased to US D 1 billion  in 2021 
from 768 million in 2020. The US imports from Trinidad and Tobago under CBERA increased to 
754 million in 2021 from 579 million in 2020. Although the US imports fro m Guyana, under CBERA 
decreased to 188 million from 265 million in 2020, largely due to the decline of exports of petroleum, 
the data outlined in the report gives a clear indication of the efforts taken by the beneficiaries of 
CBERA to diversify their expo rts and fiscal growth. As such, we , the beneficiaries reiterate our 
sincerest gratitude to the Government of the United States for extending the waiver of CBERA.  
11.14.   The representative of Mauritius  delivered the following statement:  
11.15.   Mauritius would like to tha nk the United States for the benefits provided under the Africa 
Growth and Opportunity Act and welcomes the discussions at the US -Africa Leaders' Summit in 
Washington re -affirming the commitment of the United States in expanding trade and investment 
with t he African continent. We note Ambassador Tai's emphasis on the need to build on the 
accomplishments of AGOA, to modernize AGOA further and to translate opportunities into concrete 
benefits. Mauritius looks forward to engaging along with other African States on AGOA and to 
continue to benefit from the opportunities provided.  
11.16.   The General Council took note  of the reports contained in the documents mentioned and of 
the statements.  
12  ANNUAL REVIEW OF THE SPECIAL COMPULSORY LICENSING SYSTEM - PARAGRAPH  7 
OF THE ANNEX TO THE AMENDED TRIPS AGREEMENT AND PARAGRAPH 8 OF THE 
DECISION ON THE IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON 
THE TRIPS AGREEMENT AND PUBLIC HEALTH (WT/L/540 AND WT/L/540/CORR.1) – 
REPORT OF THE COUNCIL FOR TRIPS (IP/C/94)  
12.1.  The Chair noted that this item related to the Annual Review of the Special Compulsory 
Licensing System in line with paragraph 7 of the Annex to the amended TRIPS Agreement, and 
paragraph 8 of the Decision on the Implementation of Paragraph 6 of the Doha De claration on the 
TRIPS Agreement and Public Health. In this respect, he recalled that the General Council had adopted 
in 2003 a Decision on the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS 
Agreement and Public Health. In addition, in December 2005, the General Council had adopted a 
Protocol amending the TRIPS Agreement, which had been submitted to Members for acceptance. It 
had entered into force on 23 January 2017. Both the amended TRIPS Agreement and the 2003 WT/GC/M/202  
 
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  Decision provided that t he TRIPS Council should review annually the functioning of the system and 
report on its operation to the General Council.  
12.2.  Ambassador Lansana Gberie  (Sierra Leone) , Chair of the TRIPS Council , delivered the 
following statement, introducing the report in doc ument IP/C/94:  
12.3.  As you will recall, the Amendment to the TRIPS Agreement entered into force in January 2017. 
The amendment provides a special compulsory licensing system for the benefit of countries which 
rely on imports of medical technologies because of i nsufficient or no domestic pharmaceutical 
manufacturing capacities. It makes permanent the related rules already contained in the earlier 
waiver decision. At its meeting of 12 -13 October, the TRIPS Council completed its annual review of 
the functioning of the System, pursuant to paragraph 7 of the amended TRIPS Agreement and 
paragraph 8 of the Decision of 30 August 2003 on the Implementation of Paragraph 6 of the Doha 
Declaration on the TRIPS Agreement and Public Health. The TRIPS Council's report on this r eview to 
the General Council has been circulated in document IP/C/94. It includes information about the 
implementation and use of the System, the status of acceptances of the Protocol Amending the 
TRIPS Agreement, as well as activities undertaken to make t he System work effectively. Pursuant 
to the General Council's decision taken in 2021, the Protocol is open for acceptance by the remaining 
Members until 31 December 2023 or such later date as may be decided by the Ministerial Conference 
(WT/L/1122). Despit e indications that a number of Members are making domestic efforts in this 
regard, there are still 28 WTO Members that are yet to accept the Protocol. I would therefore like to 
call upon those Members who have yet to accept the Protocol to expedite action.  A practical guide 
on how to do so is available on the WTO's webpage on TRIPS and public health. The Secretariat 
team will, as always, be happy to provide further assistance in this regard if necessary.  
12.4.  The representative of South Africa  provided the follo wing statement:  
12.5.  At the 2001 Doha Ministerial Conference, WTO Members collectively acknowledged the 
problem of LDCs and countries with insufficient manufacturing capacity in utilising compulsory 
licensing. For this reason, Ministers mandated that we expedit iously develop a solution to this 
problem. In almost 20 years of existence, the system set out in Article 31 bis has only been used 
successfully on one occasion. This indicates that existing TRIPS flexibilities are inadequate to deal 
with extremely urgent s ituations such as the COVID -19 pandemic. The TRIPS waiver is the only 
viable avenue at the disposal of this forum to facilitate timely and equitable access to critical 
technologies.  
12.6.  The General Council took note  of the report of the TRIPS Council in docume nt IP/C/94 , the 
statement  of the TRIPS Council Chair and of the other  statement.  
13  INTERNATIONAL TRADE CENTRE UNCTAD/WTO - REPORT OF THE JOINT ADVISORY 
GROUP ON ITS 56TH SESSION (ITC/AG(LVI)/288)  
13.1.  The Chair noted that the  Chair of the CTD had been reporting t o the General Council on the 
CTD's consideration of report s of the Joint Advisory Group on the International Trade Centre 
UNCTAD/WTO.  
13.2.  Ambassador  Usha Dwarka -Canabady (Mauritius), Chair of the C ommittee on Trade and 
Development , delivered the following report:  
13.3.  The ITC's Joint Advisory Group held its 56th Session on 13 September 2022. I served as Chair 
of the Joint Advisory Group for that meeting. The report on the meeting is contained in document 
ITC/AG(LVI)/288. It was presented to the CTD at its 119th Session on 17 November by a 
representative of the ITC, on behalf of the Chair of the Joint Advisory Group. During the Joint 
Advisory Group meeting, delegates reviewed ITC's performance through the Annual Report for 2021, 
which demonstrated ITC's ability to surpass many of its targets. Five things stood out during the 
meeting: First, ITC's role in fostering "Trust in Trade" by being on the practical side of trade and 
supporting small businesses on the ground. Some examples taken from the Annual Rep ort show that 
ITC had nearly 10 million visits to TradeMap and more than 12 thousand monthly visits to Export 
Potential Map. More than 25,000 MSMEs improved their competitiveness , and 3 million women were 
connected to international markets through the SheT rades initiative. Second, the importance of 
cooperation across agencies and ITC's ability to collaborate with like -minded partners. Indeed, the WT/GC/M/202  
 
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  three spokes of the Geneva Trade Hub – ITC, UNCTAD and WTO – collaborated on important 
initiatives like the Glob al Trade Helpdesk, the World Tariff Profiles and Trade Facilitation portals. 
Delegates also commended ITC's "Partnerships 4 Purpose Strategy " for scaling up impact towards 
the SDGs with a range of partners including private sector companies, foundations, a nd international 
organizations. Third, ITC's role in leaving no one behind. ITC's Executive Director underlined that 
the crisis of the four C's - COVID -19, Climate, Conflict and Cost -of-living – had stalled global progress 
on the SDGs and called for multil ateral agencies to create a more connected and inclusive future. 
88 per cent of country -specific assistance was allocated towards priority countries - namely, LDCs, 
landlocked developing countries, small island developing States, conflict -affected countrie s and sub -
Saharan Africa. Delegates appreciated this focus and invited ITC to continue supporting LDCs and 
the most vulnerable members of communities like women and youth through initiatives such as 
SheTrades and ITC's Youth and Trade programme. Fourth, IT C's work on regional integration, 
especially in Africa. Delegates encouraged ITC to continue building on its work in Africa, especially 
on the involvement of the private sector in the African Continental Free Trade Area (AfCFTA). 
Programming countries call ed for more support towards African economic integration and gave 
examples of how initiatives such as ITC's One Trade Africa programme had brought the voices of 
private sector organizations into the context of the AfCFTA. And fifth, the fact that ITC's wor k is 
enabled by a solid structure that continues to push the boundaries on organizational issues. 
Delegates appreciated that ITC takes the diversification of its resource mobilization seriously, 
continues to be accountable to its stakeholders, and was comm itted to improving its programmes 
and processes. ITC was praised by delegations for being transparent on governance and its 
commitments to the SDGs with 46% of ITC's financial delivery going towards SDG  8 — "decent work 
and economic growth" and SDG  1 — "no poverty". In addition, the 2022 ITC Annual Evaluation 
Synthesis Report, which was presented during the meeting, found inter alia that ITC's portfolio is 
already well aligned with most parts of the new Strategic Plan that has been put in place for the 
2022-2025 period. The 2022 Joint Advisory Group meeting highlighted the importance of ITC's work 
in meeting the ongoing and rapidly changing needs of small businesses. ITC was seen as a vital 
agency that leverages the power of partnerships to deliver on -the-ground impact. Funders and 
beneficiaries both agreed that ITC must keep the momentum of its good work going to further 
improve livelihoods in the face of global challenges. As is the practice, the CTD took note of the 
report of the 56th Session of the Joint Advisory Group and agreed to forward it to the General Council 
for adoption.  
13.4.  The General Council adopted  the report of the of the Joint Advisory Group in document 
ITC/AG(LVI)/288 and took note  of the CTD Chair's statement . 
13.5.  The representative of the United Kingdom  delivered the following statement:  
13.6.  We are incredibly proud to partner with the ITC on a range of programmes due to its record 
on delivering impacts and its ability to collaborate with other partners including UNCTAD, and its 
reach across the world  and its strategic priorities  – their moonshots  – such as  on gender, green 
trade, youth  and digital connectivity  which  very much align with our own. We are particularly proud 
of our work to support women entrepreneurs through SheTrades and the SheTrades Co mmonwealth 
programmes which help 3 ,500 women entrepreneurs in Bangladesh, Ghana, Kenya and Nigeria by 
providing training and coaching in international trade to allow those entrepreneurs and those 
businesses to exploit the opportunities that open and free t rade provides . In this regard, we  welcome 
the World Trade Congress on Gender that was held a couple of weeks ago and salute the efforts of 
the Director -General and the WTO Secretariat to bring that Congress to fruition on an important 
issue which we flagge d in paragraph 13 in our MC12 O utcome Document . It is good to see us taking 
concrete action on these issues around women's economic empowerment and business.  
13.7.  The representative of Barbados  delivered the following statement:  
13.8.  I worked at the International Trade Centre  (ITC) for 9 years, so I may not be 100% objective. 
But it does mean that I know intimately the excellent work of the organization and the dedication 
and skill of the ITC staff. I also know that there is even more that the ITC can  do to support the 
discussions in the WTO and to showcase how trade has worked for developing countries and where 
development support could do even more. At this General Council under the e -commerce items, we 
have discussed the need to utilize the importan t work and evidence of agencies like the ITC to show 
where the opportunities and challenges are in implementing certain forms of trade policies like e -
commerce. The same is true of the work on investment facilitation, accessions, trade and climate, 
gender and food security. Hence, there may be scope for the ITC to even better align some of its WT/GC/M/202  
 
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  trade policy -related interventions and support to the needs of WTO developing Members, in the WTO 
context especially SVES and LDCs, and through the One Trade Africa a pproach for African WTO 
Members. I call on funders to continue to support the good work of the ITC and I call on the ITC to 
continue to showcase its good work and results amongst WTO Members and to continue the good 
work on partnerships for purpose.  
13.9.  The re presentative of the European Union  delivered the following statement:  
13.10.   The European Union welcomes the report by the Chair of the Committee on Trade and 
Development. The European Union and EU member States are the biggest donors and partners of 
the Internat ional Trade Centre. I would like to thank the ITC and all its partners for their support to 
MSMEs worldwide. This includes least -developed and conflict -affected countries, and vulnerable 
groups as well as women.  
13.11.   The representative of the United States  delivered the following statement:  
13.12.   The ITC's trade capacity building is demonstrating in practice how to make trade work for 
developing country exporters. Our work in Committees would greatly benefit from closer and more 
direct interaction with the private sec tor beneficiaries of the ITC programmes. ITC's practical 
programmes help developing country companies understand global trade rules and help them 
compete in wider markets. We join others in thanking the ITC for their work and look forward to 
continuing to partner with the ITC on technical assistance and economic cooperation.  
13.13.   The representative of Antigua and Barbuda , on behalf of the OECS , delivered the following 
statement:  
13.14.   We align with the statement by the ACP and CARICOM. The OECS continues to assign 
significant value to the work of the ITC and we commend the Executive Director and her team for 
all of their stellar efforts. The OECS has benefitted tremendously from the work of the ITC not only 
in the p ast year but also for many years before. During the period under review, we have benefitted 
from the ITC in the following areas, among others: women's economic empowerment , tourism 
strategies , investment facilitation reforms , trade facilitation , export dev elopment , development of 
protocols for facilitating and regulating trade and export in the OECS , strengthening of cross -sectoral 
linkages, for example, the commercialization and expansion of coconut production, including through 
value addition , strengtheni ng of trade and investment support institutions , sharing of best practices 
and experiences , market intelligence , and applied research. In the year ahead, we look forward to 
further collaborations with the ITC, including through the signing of a new Memoran dum of 
Understanding between the OECS and the ITC.  
13.15.   The representative of Kenya , on behalf of the ACP Group , delivered the following statement:  
13.16.   The ACP Group welcomes the report of the ITC Joint Advisory Group. The ITC has made 
invaluable contributions to international trade and development, particularly in the context of the 
work of the WTO and UNCTAD in their efforts to create an inclusive and sustainable multilateral 
trading system. Indeed,  the ITC has been instrumental in supporting MSMEs in ACP members  to 
integrate in global value chains. It has also supported women 's economic empowerment, trade 
facilitation, digital trade, and regional economic integration. As MSMEs in our member countries 
struggle to recover from the adverse effects of COVID -19, as we ll as climate change and attendant 
natural calamities, ITC has been at hand to support them in building resilience. The ACP Group 
therefore appreciates the role of ITC in trade policy, particularly the integration of MSMEs, youth 
and women in trade, the ef forts towards environmental sustainability in relation to trade. We call for 
more support to ITC to enable it to further advance its programmes and make more enterprises 
internationally competitive.  
13.17.   The representative of Jamaica  delivered the following sta tement:  
13.18.   Jamaica aligns itself with the statement delivered by Kenya, on behalf of the ACP Group. 
Jamaica joins others in welcoming the report of the ITC Joint Advisory Group on its 56th Session. 
The ITC continues to serve as a key pillar of the Geneva Trad e Hub (ITC - WTO -UNCTAD) and play 
a vital role in the multilateral trading system. The continued collaboration is becoming even more 
important as we seek to ensure that the multilateral trading system is oriented towards sustainable WT/GC/M/202  
 
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  development especially for developing countries. Notwithstanding the challenges brought on by the 
pandemic, the ITC continued to deliver to members states through its suite of online tools and 
capacity building projects. During the 56th Session of the JAG, all members states spo ke highly of 
the ITC under the leadership of Ms. Pamela Coke Hamilton for its invaluable contribution especially 
in boosting the capacity of MSMEs to be better integrated in the global value chains. Jamaica 
continues to value the support received from the ITC namely through the Coconut and Cocoa 
projects, women economic empowerment and more recently in the area of agriculture with a focus 
on climate smart farming. Jamaica notes with interest that the areas of focus for the ongoing period 
which includes gend er, green recovery, youth and digital connectivity. These are all issues which are 
of importance for developing countries like Jamaica. Jamaica appreciates the work of the ITC, and 
the organization can be assured of Jamaica's full support as it continues t o actively pursue its 
mandate and serve the needs of its members and clients.  
13.19.   The representative of the ITC, speaking as an Observer , delivered the following statement:  
13.20.   We thank the WTO membership for your words of appreciation and the guidance that you 
have provided us in the context of this conversation and of the last session that we had of the Joint 
Advisory Group. During that session, many of the delegates from the developing countrie s used the 
opportunity to illustrate in very concrete ways the impact of ITC's work on the ground and expressed 
their appreciation of the generous contributions made by donor countries. The funders, on the other 
hand, also reaffirmed their commitment to co ntinue supporting and collaborating with beneficiary 
countries and the ITC. We recognize, from the all the submissions that were made during that 
discussion, while appreciating the good work, there is scope for us to do more. We are very 
encouraged that we  would still have all those that have been working by our side to continue 
collaborating with us in that respect. Special thanks to the UNCTAD Secretary -General Rebeca 
Grynspan  and the WTO Deputy Director -General Xiangchen Zhang who were present with us at  that 
session. Both of them gave us a very clear message which emphasized the critical role of trade and 
ITC's and others' support in this particular context taking into account the need to ensure that trade 
is inclusive and sustainable. This is a must hav e in terms of re -shaping our future. We appreciate 
the concreteness of the examples that they shared of the ongoing initiatives and close cooperation 
between the ITC, UNCTAD and WTO. We continue to build on this – as we will work closely with all 
the other  partners that we have been working with. The bottom line is that MSMEs across the 
developing world are struggling to keep their businesses running. The situation is urgent. We need 
to deliver trade that works for them – trade that is sustainable, inclusiv e, and transformative. A key 
part from our side as part of our forward -looking  strategy will be addressing the structural problems 
through big pushes – the moonshots – that Ambassador Dwarka -Canabady  referred to in submitting 
the report. It is on gender, g reen, youth and digital connectivity. We will continue reporting on these 
initiatives and activities to the General Council, the CTD and any other fora that will request that we 
do so. We thank the partners and the beneficiaries for their continued trust i n the ITC.  
13.21.   The General Council took note  of the statements.  
14  REVIEW OF ACTIVITIES  
14.1.  The Chair took up the reports listed under item 14 of the agenda which had been prepared in 
line with the Decision concerning Procedures for an Annual Overview of WTO Activiti es and for 
Reporting under the WTO (WT/L/105). He noted that the Committee on Trade Facilitation had met 
after the Council for Trade in Goods. For this reason, the Annual Report of this Committee had been 
forwarded directly to the General Council. Delegati ons had already had a substantive discussion on 
these reports in the respective bodies where they had been adopted, and he therefore suggested 
that Members did not repeat those discussions in the General Council. He proposed that, in 
accordance with our pr actice, Members took action on these reports. He then invited the General 
Council to adopt the report of the Committee on Trade and Development in document 
WT/COMTD/102, and to take note of the reports of the other WTO bodies, including the reports of 
the Committees under the Plurilateral Trade Agreements, listed in the proposed agenda. He also 
invited the General Council to adopt the draft Report of the General Council contained in document 
WT/GC/W/856, on the understanding that the Secretariat would make the necessary adjustments 
to that Report to include matters that had been considered at this meeting.  WT/GC/M/202  
 
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  14.2.  The General Council so agreed .24 
15  APPOINTMENT OF OFFICERS TO WTO BODIES - ANNOUNCEMENT BY THE CHAIR 
PURSUANT TO PARAGRAPH 7.1(A) OF THE GUIDELINES (WT/L/5 10) 
15.1.  The Chair referred Members to his communication of 2 December related to the Appointment 
of Officers to WTO bodies, announcing the start of the selection process. In this regard, he drew 
Members' attention to the Guidelines for the Appointment of Offic ers to WTO bodies in document 
WT/L/510. He informed Members that, as Chair of the General Council, he would conduct 
consultations on the appointment of chairpersons to the WTO bodies in Groups 1, 2, 4 and 5 of the 
Annex to the Guidelines – i.e., the so -called "Tier One". He would be assisted by the serving Chair 
of the Dispute Settlement Body, Ambassador Molokomme (Botswana) and former Chair of the 
General Council, Ambassador Castillo (Honduras). A list of past Chairs of major bodies was available 
to provid e structure on discussions on the possible distribution of Chairs. In keeping with the 
Guidelines, representatives of Members in financial arrears for over one full year could not be 
considered for appointment. He recalled that the practical steps to impro ve the implementation of 
the Guidelines in document JOB/GC/22, provided that groups, namely the developed countries, Latin 
America and the Caribbean, Asia and the Pacific and Africa, had a role in putting forward names of 
candidates for the slots available  to them. He noted that Ambassador Molokomme, Ambassador 
Castillo and him had met with group coordinators on 12 December, and that some expressions of 
interest for the following bodies had been received so far: two for TPRB (African Group and Asian 
Group);  one for CTG (Asian Group) and one for CTE (Asian Group). Consultations in the groups were 
still ongoing, and he urged group coordinators and their constituencies to finalize these consultations 
as expeditiously as possible. He also noted that they remaine d available for individual delegations 
that wished to consult on this matter and that they would meet group coordinators again in early 
January, hoping that consultations within the groups would have been finalized by then. He 
encouraged all Members to bui ld on the positive and swift process undertaken in the 2022 exercise, 
so as to arrive at an agreed slate of Chairs well in advance of the first meeting of the General Council 
in 2023. He counted on delegations' positive engagement. The Chair also touched o n a separate 
matter, concerning the chairmanships of a number of accession Working Parties for which the 
respective Chairs had left Geneva. In line with practice, he informed Members that he would ask 
Deputy Director -General Zhang to undertake the relevant  consultations.  
15.2.  The General Council took note  of the Chair's statement.  
16  OTHER BUSINESS  
16.1  Statement by the Chair in connection with Administrative Measures for Members in 
Arrears  
16.1.  The Chair, speaking  under Other Business , recalled that the General Council Proc edures for 
Members and Observers subject to Administrative Measures 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 provided information with regard to which M embers and Observers were under 
Administrative Measures.  
16.2.  Ambassador Bettina Waldmann (Germany), Chair of the Committee on Budget, Finance and 
Administration , delivered the following statement25:  
16.3.  The Administrative Measures applicable to Members and Observ ers in arrears have been in 
place since 1 March 2013. In accordance with a decision previously taken by the General Council, I 
shall state all Members and Observers under all categories of administrative measures. Before doing 
so, I would like to acknowled ge a payment received Cabo Verde since my last report to you on 6 
October. As a result of this payment, Cabo Verde is no longer subject to administrative measures. I 
would like to express my thanks to Cabo Verde for this payment received.  
16.4.  That said, as of today, 20 December 2022, there are a total of 18 Members and 10 Observers 
subject to Administrative Measures. The following 7 Members are currently in Category I: 
 
24 The 2022 Annual Report of the General Council was subsequently circulated in WT/GC/256.  
25 The statement by the CBFA Chair was subsequently circulated in JOB/GC/331.  WT/GC/M/202  
 
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  Plurinational State of Bolivia; Cuba; Dominica; El Salvador; Rwanda; Uganda and Zambia. The 
following 5 Members are in Category II: Antigua and Barbuda; Djibouti; Mauritania; Papua New 
Guinea and Yemen. The following 6 Members are in Category III: Burundi; Central African Republic; 
Chad; Guinea; Guinea -Bissau and Bolivarian Republic of Venezuela. Burundi; Central African 
Republic; Chad and Guinea -Bissau are not compliant with payment plan terms. The following 
4 Observers are in Category I: Comoros; Ethiopia; Lebanese Republic and South Sudan. The 
following 2 Observers are in Category II: Iran and I raq. There are also 4 Observers in Category III: 
Libya; Sao Tomé and Principe; Somalia and Syria. This concludes my report.  
16.5.  The Chair thanked the CBFA Chair and noted that, as  also required by the General Council 
Procedures, he requested  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.  
16.6.  The General Council took note  of the statement.  
 
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 WT/GC/M/202  
 
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  ANNEX 11 
ENSURING TRANSPARENCY AND SECURING WTO STAFF INTERESTS IN 2023  
BUDGETING PROCESS - COMMUNICATION FROM INDIA  
1. This communication refers to the discussion in the General Council held on 19 December 2022 
on Agenda Item 6. The agenda for this meeting was circulated in the document WT/GC/W/861 dated 
16 December 2022 and contained the following agenda item:  
6. COMMITTEE ON BUDGET, FINANCE AND ADMINISTRATION – REPORTS ON MEETINGS OF 
22 SEPTEMBER, 5 OCTOBER, 8 NOVEMBER, 1 AND 5 DECEMBER 2022 (WT/BFA/206, 
WT/BFA/207, WT/BFA/208, WT/BFA/209)  
 
2. India thanks Ambassador Bettina Waldmann for her detailed work as the chair of the 
Comm ittee on Budget, Finance and Administration. Ambassador Waldmann 's report on the working 
of the committee, contained in the document WT/BFA/209, referred to the document "Proposed 
Utilization of the 2021 Budgetary Surplus " contained in WT/BFA/W/614.  
3. During  the General Council meeting on 19 December 2022, the delegation of India put forth 
its reservations on how this surplus was proposed to be utilized for the year 2023. India 's 
reservations were driven by the express need to safeguard the legitimate interes ts of WTO staff and 
to ensure that the salaries and applicable staff insurance payments were being fully provided for by 
the WTO from its regular budget.  
4. The Table 1 – Mandatory and Unavoidable Expenses for 2023 in the document WT/BFA/W/614 
(see Annex) con tains the WTO proposal for utilization of CHF 6 million of 2021 budgetary surplus to 
meet the CHF 6.95 million of mandatory and unavoidable expenses for 2023.  
5. Through this paper, India is further detailing the specific objections raised in the General 
Council meeting on the WTO proposal.  
6. First and foremost, the 2023 WTO budget of CHF 197,203,900 has already been cleared in 
the previous biennial budgeting process. This budget is available as of 1 January 2023 for the WTO 
to use. Hence any insinuation that In dia is trying to block the WTO budget and hence its normal 
functioning is a gross misrepresentation of the facts as well as an ill -intended attempt to malign 
India as the member holding WTO hostage. India categorically rejects these insinuations.  
7. In fact,  Indian position is that when the 2023 WTO budget of CHF 197,203,900 is available 
immediately, why should a 2021 surplus be used to pay the WTO staff and to cover their insurance? 
The WTO staff is a group of highly motivated and qualified professionals, wh ose salaries and 
insurance should represent the first charge on the original WTO budget of CHF 197,203,900. The 
WTO cannot suggest that it will pay CHF 2.1  million (Table 1 – document WT/BFA/W/614, line items  1 
and 2) to the staff only if the budgetary sur plus of 2021 was available.  
8. When India tried to explain this in the General Council meeting, the Chair of the General 
Council unfortunately asked the Indian Ambassador to not raise his voice for the rightful due of the 
WTO staff. This situation is extreme ly regrettable.  
9. As regards the proposal made in the Table 1 – document WT/BFA/W/614, India is supportive 
of the following line items being covered through the 2021 budgetary surplus:  
• Contractual Services & Maintenance/ IT – Line item 4 – CHF 0.8 million  
• Contractual Services & Maintenance/ Security – Line item 5 – CHF 0.1 million  
• Energy and Supplies/Electricity, Gas and Fuel – Line item 6 – CHF 1.15 million  
• Total – CHF 2.05 million  
 
10. India did not question these proposals at any stage. Hence, it was surpris ing to hear that due 
to the Indian position, WTO will have to curtail building heating and cooling. India expresses its deep 
 
1 The communication was also circulated in document JOB/GC/327  – JOB/BFA/73.  WT/GC/M/202  
 
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  reservation as well as regret on the remarks made during the discussion, which sought to sacrifice 
evidence -based decision -making a t the altar of an expedient narrative.  
11. Finally, India is of the view that the CHF 1.3 million stated in line items 7 and 8 in the Table  1 
– document WT/BFA/W/614 should be charged to the existing Building Renovation Fund, which has 
a corpus of nearly CHF 2 5 million available.  
12. The paragraph 4 of WTO 's own document WT/BFA/W/614 says that the surplus will only be 
drawn in the second half of the year 2023. Since that is the case, there is enough time to build a 
member -consensus on the use of Building Renovation  Fund towards the proposed expenses on 
Procurement of Fixed Assets/Conference Services and Procurement of Fixed Assets/IT.  
13. In any case, since the 2023 WTO budget of CHF 197,203,900 is available immediately, the 
shortfall if any, may not occur until the se cond half of the year as described in the paragraph 4 of 
the document WT/BFA/W/614.  
14. In light of this, the rhetorical remarks made during the discussion insinuating that India 's 
position was detrimental to WTO 's IT infrastructure and renovation plans were factually incorrect 
and contrary to good budgeting practices.  
15. As regards the line item 3 - Temporary Assistance/Interpreters in the Table 1 – document 
WT/BFA/W/614, which forecasts an additional expense of CHF 1.5 million, India has asked a 
straightfo rward question – how is the interpreters time being split for regular WTO work vs. other 
events and plurilateral initiatives? Is WTO not willing to give this information because the plurilateral 
and external events are taking more time and resources than t he WTO regular work? Why is WTO, 
a Member -driven Organization, not interested in financial transparency with its Members?  
16. In the General Council, some Members suggested that the General Council cannot be a forum 
for detailed domain -oriented discussions. In dia differs from this view as we do not advocate making 
ignorance and lack of domain knowledge a virtue in the complex operating environment of a reputed 
multilateral organization like the WTO. If the Members did not read the documents listed in the 
Genera l Council agenda WT/GC/W/861, Agenda Item 6, it is not an excuse for compromising the 
quality of the discussions in the General Council. India reserves its right to be better -prepared than 
other Members.  
17. In summary, India 's stance on the 2023 WTO budget i s driven by three objectives –  
• the WTO staff expenses cannot be subjected to uncertainties of budgetary surpluses.  
• the budget expenses need to be transparent to the WTO membership.  
• the utilization of available resources in relevant fund for the purpose i t was created.  
 
Some Members remarked in the General Council that India was holding off a consensus. India is not 
against consensus, but simply seeks transparency in the budgeting process.  
 
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  WT/GC/M/202  
 
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  ANNEX  
TABLE 1 MANDATORY AND UNAVOIDABLE EXPENSES FOR 2023  
Type of Expenditure  Description  Amount  
(CHF 
Million)  
Staff Remuneration  Forecast 1.8% mandatory inflationary adjustment to salary 
scales as per the grade weighted average difference between 
the WTO and the comparator organizations i.e., 70% UNOG 
and 30% Co ordinated Organi zations.  1.6 
Death and Invalidity 
Insurance  Increase due to an unavoidable increase in the premium 
under a recent new contract.   0.5 
Temporary 
Assistance/Interpreters  Increase due to doubling of the cost for Freelance 
Interpreters with the introduction of virtual meetings, the 
increase in the number of meetings with interpretation, and 
the limitation in number of hours work imposed by the 
International Association of Conference Interpreters for 
meetings with a virtual component.  1.5 
Contractual Services & 
Maintenance/IT  Outsourced services to UN International Computing Centre 
(UNICC), the inter -agency facility providing Info rmation and 
Communication Technology Services on a cost recovery 
basis, are evolving significantly from simply providing 
managed hosting services to incorporating virtual meeting 
platforms, Teams telephony, and new security services, as 
well as serving as the provider of Internet, remote access, 
mail gateway, anti -spam, and firewall services to the WTO.  0.8 
Contractual Services & 
Maintenance/Security  Security company adjustments due to salary increases in the 
Geneva security sector.  0.1 
Energy and 
Supplies/Electricity, Gas 
and Fuel  Projected increase per kilowatt hour of electricity between 
2022 and 2023 of 236%; substantial increase in the price of 
gas and fuel forecast in the Swiss market.  1.15 
Procurement of Fixed 
Assets/Conference 
Services  Necessary and urgent upgrade of the audio discussion and 
interpretation system, which was installed in 2013 and has 
become obsolete and is no longer serviced by the vendor or 
manufacturer. The required amount is CHF 3 million, to be 
spread out over 3 years.  1.0 
Procurement of Fixed 
Assets/IT  Necessary increase to fund the enhancement of various IT 
services including the Document Management and 
Documents Online systems, and software for virtual 
platforms.  0.30 
Total    6.95 
  
 
 
 
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 WT/GC/M/202  
 
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  ANNEX 21 
ELABORATION OF THE DIRECTOR -GENERAL'S 19 DECEMBER 2022 STATEMENT TO THE 
GENERAL COUNCIL  REGARDING THE USE OF THE BUDGET SURPLUS  
1. The CBFA approved by consensus, on 5 December 202 2, the use of the 2021 CHF 6 million 
surplus alrea dy paid by Members nearly two years ago exclusively for the purpose of paying for 
mandatory and unavoidable expenses.  
2. However, during the General Council meeting on 19 December 2022, India raised formal 
concerns with the CBFA consensus. It later circulate d document JOB/GC/327 - JOB/BFA/73 to explain 
its position.  
3. That document appears to be based on certain misunderstandings as to the need for the 
surplus. Accordingly, on behalf of the Secretariat, we would like to make certain clarifications.  
4. The Secretar iat has had a zero nominal growth budget of CHF 197.2 million from 2012. But 
during the eleven years since that budget was set, the nature of trade and the demands on the 
Secretariat have changed, as well as certain increased mandatory costs. Accordingly, the Secretariat 
asked for a 7.7 percent budget increase for 2023 as part of the mid -term budget review.  After much 
discussion, Members asked the Secretariat to put that request on hold until the 2024 -2025 budget 
cycle. However, in the meantime, the CBFA ag reed to provide to the Secretariat the CHF 6 million 
surplus from 2021 on a one -time basis to address mandatory and unanticipated costs for 2023. 
Indeed, with a zero nominal growth budget for so long, the Secretariat simply does not have excess 
budget to s oak up those costs. The use of the surplus would alleviate some of that pressure for 
2023.  
5. The Secretariat has been a good steward of Members' contributions. The years 2020 and 2021 
were unusual because there were surpluses due primarily to COVID. The Secr etariat did not spend 
the surpluses. Instead, at members' request, the Secretariat Director -General proposed that over 
CHF 9 million of the over CHF 11 million surplus in 2020 be returned to Members.  
6. The situation is different in 2023. There will be no su rplus in 2022, and it is highly unlikely in 
2023. Instead, the Secretariat is facing certain unanticipated costs beyond its control.  
7. These expenses relate to costs resulting from factors such as inflation in contractor and 
security costs, rising energy co sts, the doubled cost of interpretation in hybrid mode, the mandatory 
and contractual staff salary increase that we expect due to inflation, and Member requests and 
expectations that we upgrade services such as DOL and UNICC services.  
8. It is not accurate t o say that the Secretariat is asserting that it would not pay its contractual 
obligations to staff. Of course, the Secretariat would make such payments, including the mandatory 
cost-of-living increase expected in 2023 due to inflationary pressures. The Sec retariat has never 
said that it would not do so. But it would have to make that mandatory payment at the expense of 
other items in the regular budget. By including this staff salary increase in the chart, the Secretariat 
is merely listing for Members, in t he interest of full transparency, the mandatory and unanticipated 
costs it is facing. To assert that WTO staff expenses cannot be subjected to the uncertainties of the 
budgetary surpluses misses the point – the use of the surplus is to prevent  such uncerta inties.  
9. Nor is it correct to say that the Building Renovation Fund can be used for IT services. The 
rules simply do not permit the use of the Fund for such purposes – the rules would have to be 
changed by Member consensus, resulting in delay and uncertaint y, and possibly no resolution at all.  
10. As to the use of interpreters, including in virtual platforms, the Secretariat does not make 
decisions about which Members should use its facilities and interpretation. Indeed, such services are 
used for the meetings o f the GC and TNC, Committee meetings, Negotiating Groups, dispute 
settlement panels, technical assistance, Regional Group meetings, meetings called by any Member, 
and all other events using a virtual platform.  
 
1 The communication was also circulated in document JOB/GC/328  – JOB/BFA/74.  WT/GC/M/202  
 
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  11. The assertion that there is no need for the s urplus until the second half of the year is also 
erroneous and is based on a misunderstanding about the planning of the budgetary cycle. The 
Secretariat must know at the beginning of the year what its budget pool would be. The Secretariat 
simply cannot tak e the chance of incurring expenses at the beginning of the year and ending up with 
a shortfall – a budget deficit – at the end. Otherwise, it would engage in irresponsible and imprudent 
decision -making.  
12. Throughout this process, the Secretariat has been fu lly transparent with Members about its 
mandatory and unanticipated needs and its accounting methods. In fact, many Members 
congratulated the Secretariat for providing such an unprecedented level of detail.  
 
__________