JOB/GC/242  
 
27 July 2020  
(20-5222) Page: 1/2 
General Council    
 
 
AGENDA ITEM 2 : IMPLEMENTATION OF THE BALI, NAIROBI AND BUENOS AIRES 
OUTCOMES – STATEMENT BY THE CHAIR  
WEDNESDAY, 22 JULY 2020  
1.1.  This item remains on the agenda so that the General Council can continue to follow up on the 
decisions adopted in Bali, Nairobi and Buenos Aires – and do so in a horizontal and transparent 
manner.  
1.2.  My statement today will focus on the areas where there have been new developments since 
our last meeting, on the basis of the updates that I have received from th e Chairs of the regular 
bodies – whom I thank for their cooperation.  Under this item, I will also provide a report on recent 
activities under the Work Programme on Electronic Commerce.  
1.3.  Starting with TRIPS non -violation and situation complaints,  the Chair -designate has held a 
number of small group consultations in April and May, as well as an informal open -ended meeting 
of the TRIPS Council on 30 June, at which a number of delegations indicated their intention to engage 
actively to advance the issue before M C12.  
1.4.  On the LDC Services Waiver,  at the meeting of the Council for Trade in Services on 1 July, the 
LDC Group called on the Secretariat to build upon the work undertaken for the workshop on the LDC 
services Waiver of 2019.  The Group also urged notifying M embers to share information on how they 
were orienting LDC service suppliers to the benefits available under the Waiver, and called for the 
Waiver review process to take into account the impact of COVID -19.  
1.5.  On Aid for Trade,  at the CTD meeting held earlie r this month, in view of the impact of the 
COVID -19 pandemic on many aspects of the work, Members agreed to extend the Work Programme 
on Aid for Trade, in its current form, until the end of 2022.  Members also agreed that the Aid -for-
Trade Global Review, wh ich would normally have been held in 2021, should be rescheduled and be 
held in 2022 instead.  
1.6.  Members will also look at additional activities in the Aid for Trade area to reflect the impact of 
COVID -19, to  be reflected in an addendum in the current work p rogramme.  
1.7.  Regarding the Trade Facilitation Agreement , since my last report, an additional ratification has 
been received, which brings the total number of Members having ratified the Agreement to 152.  
1.8.  And finally, my report on the Work Programme on electr onic commerce.  At the March General 
Council meeting, my predecessor reported on her consultations following the General Council's 
adoption of a decision at its December 2019 meeting in which Members agreed to reinvigorate the 
work under the Work Programme,  including having structured discussions. Members had also agreed 
to maintain the moratorium until MC12 and for the General Council to report to MC12.  
1.9.  In line with the Decision, I am pleased to note that substantive discussions on the moratorium 
have been held recently. First, a webinar on the moratorium was organised by the Secretariat on 
Monday, 13 July, and the more than 300 participants is testimony to the importance delegations 
attach to this matter. The webinar focused on two main issues – quantifying  the moratorium and 
the moratorium's impact on economic development. Members had the opportunity to hear the 
perspectives of the authors of the different studies on the impact of the moratorium. It is my hope 
that the webinar shed more light and insight on  issues surrounding the moratorium of use to 
delegations as we continue our deliberations.  JOB/GC/242  
 
- 2 - 
 
  1.10.   On Tuesday, 14 July, I convened an informal open -ended meeting on the Work Programme, 
in line with Members' decision to have structured discussions. The meeting pro vided the opportunity 
to discuss two submissions on the moratorium, as well as the Work Programme in general. Over 
30 delegations intervened – and again I thank all Members for their constructive engagement. It 
was clear from the discussion, however, that Members continue to have divergent views on the 
scope and impact of the moratorium. Looking towards MC12, delegations reiterated their views, with 
some calling for a permanent moratorium; some calling for it to be lifted to allow Members to have 
policy spa ce; and others calling for the continuation of the current practice of renewal. Many 
delegations made reference to the importance of e -commerce, particularly in light of the COVID -19 
pandemic. Some delegations noted the need to look at other aspects of the  Work Programme, 
including addressing the digital divide given the importance of ensuring digital inclusion. Reference 
was also made to internal taxes and the need for Members to share best practices and experience.  
Other issues raised included the impact of 3D printing and the importance of discussing data.  
1.11.   In my view, and given the continued divergent views, it will be important for delegations to 
deepen engagement on this issue ahead of MC12.  
1.12.   As I mentioned at the Informal Open -ended, in addition to di scussion on the moratorium, 
work has continued in the relevant bodies, particularly in the Council for Trade in Services and the 
Council for Trade in Goods.  Discussions in both bodies noted how COVID -19 has highlighted the 
importance of e -commerce and the need to address the challenges faced. In particular, at the CTG 
meeting, the LDC group stressed the importance of e -commerce for the developmental, economic 
and social aspects of LDCs. The CTS had a substantive discussion on how to support digital capabili ty 
of businesses and consumers, following a submission by a group of Members.  
1.13.   However, the level of engagement differs among the four relevant bodies. I therefore wish to 
encourage delegations to discuss the Work Programme in all the relevant bodies inclu ding the CTD 
and TRIPS Council. As General Council Chair, I remain ready to consult with Members on the way 
forward and to facilitate any further meetings as necessary.  
 
__________