RESTRICTED  
  
TN/C/M/43  
 
14 December  2022 
(22-9312) Page: 1/41 
Trade Negotiations Committee  
30 November 2022    
 
MINUTES OF MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD ON 30 NOVEMBER 2022  
Chair person : Dr Ngozi Okonjo -Iweala  (Director -General)  
Contents  
 
1   INTRODUCTORY REMARKS BY THE CHAIRPERSON  ................................ .....................  1 
2   REPORTS BY THE CHAIRPERSONS OF THE BODIES ESTABLISHED BY THE TNC  ..........  2 
3   REPORT BY THE CHAIRPERSON  ................................ ................................ ..................  4 
4   STATEMENTS BY PARTICIPANTS  ................................ ................................ ................  7 
 
1  INTRODUCTORY REMARKS BY THE CHAIRPERSON  
1.1.  The Chair welcome d delegations to the 43rd formal meeting of the T rade Negotiations 
Committee (TNC)  and to the Informal Heads of Delegation  (HoDs)  meeting. She had just returned 
from Berlin where she had been  representing the WTO at German Chancellor Olaf Scholz's annual 
meeting with the Chief Executives of five international organizations . She report ed that they had 
had a productive discussion on the state of the world economy, the importance of avoiding 
fragmentation, and how trade was part of the solution to the various global challenges  that the world 
was currently facing. The need for multilateral cooperation and solidarity was clearer than ever. 
Before tak ing up the items under the agenda, she underst ood that the G eneral Council (GC)  Chair 
wished  to update Members on the process to fill the vacant Negotiating Group Chairs.  
1.2.  Ambassador Didier Chambovey (Switzerland),  Chair of the General Council , provided a brief 
update with respect to the vacant chair posit ions for the Committee on Agriculture in Special Session 
(CoA SS) and the Negotiating Group on Rules (NGR). As delegations w ould recall, he had  convened 
an Informal General Council meeting on 1 November, to provide an update on the consultations that 
he had undertaken in line with the Guidelines for the Appointment of Officers and the practical steps 
to improve their implementation, and with the relevant procedures regarding the appointment of 
chairpersons of the TNC and the Bodies established by it. In lin e with the Guidelines, he had been  
assisted in this process by the Chair of the DSB, Ambassador Athaliah Molokomme (Botswana), and 
the former Chair of the General Council, Ambassador Dacio Castillo (Honduras). He also recall ed 
that Members  had an additiona l vacant chairmanship, the Committee on Trade and Environment in 
Special Session (CTE SS) for which there was still no candidate.  
1.3.  He did not intend to repeat what he had  said at the Informal General meeting, and the situation 
was well known to all. He simply  highlight ed a couple of points. First, as he had  also stressed at that 
meeting, it  became clear during the numerous interactions the Tr oika had had with group 
coordin ators and the consultations they had  conducted that consensus could only be reached if the 
two vacancies were filled at the same time. Second, the situation ha d not evolved since the General 
Council meeting. Since then, the Tro ika had met again with group coordinators on 4 November and  
on 29 November. They had  encouraged group coordinators to consult within their constituencies  and 
amongst themselves, with a view to finding a solution to this regrettable situation. He took this TN/C/M/43  
 
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  opportunity to express his concerns at the seriousness of this deadlock and urge d all Members to 
address th e matter promptly and to work together constructively towards solutions.  
1.4.  He likewise t hanked all delegations that had participated in the Informal Meeting on WTO 
Reform held on 1 0 November. The closing remarks from that meeting, which he had  made under 
his own responsibility, had been  circulated on 25 November  in JOB/GC/325. He expect ed that a 
discussion on WTO Reform w ould take place at the General Council meeting on 19 -20 Decemb er 
under the relevant agenda item. Looking ahead, he was reflecting about holding a similar exercise 
at the beginning of 2023 – focused on development.  
1.5.  The Chair provided some observations and start ed by quoting from paragraph 36 of the recent 
G20 Bali Leaders' Declaration – which in part read as follows: "[…] Commending the successful 
conclusion of the 12th WTO Ministerial Conference (MC12), we commit to seize and advance the 
positive momentum by enga ging in active, constructive, pragmatic, and focused discussions on WTO 
reform to improve all its functions, including reform of the dispute settlement mechanism, on the 
path leading to MC13."  
1.6.  She said that Leaders clearly viewed the WTO positively particu larly since MC12 and regard ed 
it as indispensable in advancing shared objectives. This was the work that  Members had done . This 
positive view was what she had also observed in her meetings with Ministers and stakeholders across 
the Membership. Therefore , she found it  somewhat frustrating and puzzling to see the persistent 
disconnect between this positive view, and here in Geneva where Members could not make decisions 
on housekeeping matters. She did not think they could afford to continue in this way for an  
international organization that was expected to contribute to resolving urgent global challenges. 
Members w ould have to find a way out of this impasse. As TNC Chair, she would coordinate with the 
GC Chair on the next steps.  
1.7.  The Trade Negotiations Committe e took note  of the remarks by the Chair and the statement 
of the Chair of the General Council.  
2  REPORTS BY THE CHAIRPERSONS OF THE BODIES ESTABLISHED BY THE TNC  
2.1.  Ambassador Kadra Ahmed Hassan (Djibouti), Chair of the Special Session of the Committee on 
Trade  and Development (CTD SS) , recall ed that, in paragraph 2 of the MC12 Outcome Document, 
Ministers had, inter alia , reaffirmed the  special and differential treatment  (S&DT ) provisions  for 
developing country Members and LDCs as an  integral part of the WTO and its agreements. They had 
stated that S&DT in WTO agreements should be precise, effective,  and operational. They had also 
instructed officials to continue to work on improving the application of S&DT in the CTD SS and other 
relevant venues in the WTO, as agreed and report on progress to the General Council before the 
13th WTO Ministerial Conference ( MC13 ). In light of these instructions from Ministers, she had 
convened a formal meeting of the Special Session on 23 September. The  main purpose of the 
meeting was to allow an exchange of views on the way forward in the CTD SS after MC12. An 
unofficial room document had been  submitted by the G90 for  discussion during the meeting. In 
addition to putting forward a case for S&DT, the roo m document, inter alia,  called on the CTD SS 
and Members to resume work and regular engagements through structured discussions in fulfilment 
of the commitment and expected outcomes of Ministers before MC13. It had been  noted that the 
expectation and intent ion of the G90 had been  to commence this work as soon as possible in the 
CTD SS, with a view to having substantial outcomes in the General Council prior to MC13. The G90 
had also indicated that it would be submitting a formal proposal on how the work of th e CTD SS 
could be organized and structured, including on the substantive elements.  
2.2.  At the meeting, a number of delegations  had expressed their support for the contents of the 
room document by the G90. It had also been suggested that the 10 Agreement -specif ic proposals 
by the G90 had provided a good basis for taking the discussions forward in the CTD SS. However, 
other delegations had indicated that a new conversation was needed in order to allow Members to 
advance in discussions on S&DT. The view was shared  that any further discussion in the CTD SS on 
the same 10 proposals by the G90 would not yield results. These positions were, in fact, similar to 
those expressed in the CTD SS before MC12. Although the divergence in views on the G90 proposals 
therefore rem ained, she was n evertheless pleased to note the readiness expressed by many 
delegations to fulfil Ministers' instructions in paragraph 2 of the MC12 Outcome Document.  She was 
hopeful that this readiness w ould provide a good starting point to the work in th e CTD SS in the TN/C/M/43  
 
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  post-MC12 period. As she had  said at the meeting, S&DT was an important component of the 
development dimension of the WTO's work. The importance of having strong and effective S&DT 
provisions was undeniable, and the CTD SS c ould play a role  in achieving this objective. Advancing 
in the negotiations in the CTD SS was therefore in the interests of the entire Membership, and the 
organization as a whole.  
2.3.  Since the formal meeting of the CTD SS on 23 September, she had been holding informal 
discus sions with some delegations on issues relating to S&DT and the work of the CTD SS. In these 
discussions, she had been calling on delegations to work together in the spirit of collaboration, and 
with the objective of finding solutions together. She also underst ood that the G90 was currently 
preparing its new submission to be tabled in the CTD SS. A meeting of the CTD SS w ould be convened 
once the document by the G90 ha d been circulated, so as to allow Members to consider the 
submission.  In conclusio n, she repeat ed her hope that the success Members had enjoyed at MC12 
– as well as the specific instructions given by Ministers at MC12 in the area of S&DT – would open 
up new possibilities for the work in the CTD SS to advance. If Members collaborate d together in the 
same spirit as they had done  at MC12, they had a chance to come to some concrete outcomes in 
the CTD SS, with a view to finally concluding these negotiations. It was up to Member s to find 
collectively the best way to deal with this longstandin g and crucial component of the development 
dimension of the organization. It w ould require on their part a resolute commitment to engage 
constructively with  an open mind and fresh look at the issue – and more importantly, the political 
will to negotiate in  good faith.  
2.4.  Ambassador Alfredo Suescum (Panama), Chair of the Special Session of the Council for TRIPS 
(TRIPS SS) , present ed his report under his own responsibility and without prejudice to the position 
of delegations or to the outcome of the negotiation s on the establishment of a multilateral system 
of notification and registration of geographical indications (GIs) for wines and spirits ("GI Register") 
in the Special Session of the Council for TRIPS. Since his last written report circulated in document 
TN/IP/30 on 15 November 2021, there ha d been little activity in the TRIPS negotiations on the GI 
register. He had held informal individual consultations with principal delegations involved with this 
topic to hear their thoughts on how and if the Special Ses sion could  proceed in fulfilling its mandate.  
2.5.  In these consultations, he had  reminded all delegations that moving forward would require 
significant efforts to overcome persistent disagreements on substantive and procedural issues in the 
GI register negotia tions. Beyond these threshold issues, he had again encouraged evolution from 
the long -held unchanged positions that ha d resulted in the current impasse by prompting delegations 
to reflect on how, when and where they could  usefully engage to achieve their o bjectives within the 
Special Session's mandate. Particularly, within these consultations, he had  asked delegations 
whether they had engaged recently, in more than a general manner, with specific suggestions with 
the other side. He had  also asked whether th ey were ready, with any novel ideas, to restart the 
substantive work of the Special Session. From these consultations, he underst ood that, since his last 
report, none of the delegations ha d engaged with others on any specific suggestions, and no novel 
ideas had been  put forward on how to advance the work of the Special Session.  
2.6.  Delegations supporting the modalities proposal in TN/C/W/52 had reiterated the importance 
they place d on the GI register and had indicated their willingness to reflect on the overall situation. 
One delegation had reiterated its view that the issues of the GI register and TRIPS -CBD were linked, 
citing particularly developments in discussions in WIPO on the protection of genetic resou rces.  
Delegations supporting the Joint Proposal contained in TN/IP/W/10/Rev.4 had reiterated their 
position that the Special Session should respect its negotiating mandate. The delegation  proposing 
a compromise contained in TN/IP/W/8 had indicated that th ey would revisit the proposal to bridge 
the gap between the delegations. Additionally, the delegations had not see n the current negotiating 
environment as conducive to any substantive engagement. They had considered the current 
discussions under paragraph 8 of the Ministerial Decision on the TRIPS Agreement to be a much 
higher priority and had thus felt that there had been  no urgency in retaking substantive work in the 
Special Session. Members' willingness to engage substantively in the TRIPS Special Sessio n 
remain ed scant, at least until after the current discussion on paragraph 8 of the Ministerial Decision 
on the TRIPS Agreement.  
2.7.  He had envisioned convening an informal open -ended meeting to report on these consultations 
and to provide an opportunity for o ther delegations to share their thoughts on the work of the Special 
Session. However, given all that he had  reported t hat day, he had  concluded that the moment was 
not ripe . He instead ma de himself available after delivering this report to meet with any de legation TN/C/M/43  
 
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  that wish ed to do so. As ha d been made clear in the months before MC12, negotiations were not 
simply Member -driven but also proponent -driven. Without that aspect, no negotiation c ould achieve 
success. He hoped that delegations w ould eventually ret urn to substantive discussion in the TRIPS 
Special Session and work towards a multilateral conclusion of its mandate. As always, he stood ready 
to help the m. 
2.8.  The Trade Negotiations Committee took note  of the reports by the Chairs of the  Committee on 
Trade and Development in Special Session and the TRIPS Council S pecial Session . 
3  REPORT  BY THE CHAIRPERSON  
3.1.  The Chair noted that  the year was drawing to a close. This was the last TNC of 2022  – the only 
one since the summer break. Apart from the retreats on agriculture, fisheries subsidies,  and WTO 
Reform, which ha d been important occasions for collective reflection about how to move forward 
post MC12, the reality was that there ha d been no concrete  multilateral negotiating activity since 
MC12. Members  all kn ew the reasons. As she had said a short while ago, the persistence of this 
situation was worrying, and they should all  reflect upon this seriously. As she saw it, the primary 
tasks at hand were two-fold – (i) having clarity on what Members collectively want ed to achieve and 
how each of them would go about contributing to that in the various negotiations, and (ii) filling the 
Negotiating Group Chair vacancies so that they could have people to sheph erd the respective 
processes.  
3.2.  At MC12 , Members had  breathed new life into the multilateral negotiations. If they were serious 
about sustaining this new life – they should  return in earnest to look at the tasks before them and 
build convergence wherever feasible. They had  all decided that there were certain tasks that they 
could do that the General Council could and should oversee. They could even come to conclusion on 
those items, if possible, in the context of the General Council. Others would be for MC13 which was 
not so far away. It loom ed on the horizon. She did not think they could afford to get bogged down 
in ideological debates. They had to be very focused. They had agreed that they did not have to make 
each Ministerial Conference one in which they necessarily ha d to achieve so many things. But it was 
also true that they could not go in with low or no ambition. The reason was because of what the 
world confront ed: a po tential recession, serious food and energy crises, persistent developmental 
challenges, and other problems of the global commons.  
3.3.  Part of the reason why the WTO ha d become quite important in the discussions that were 
ongoing now was because  the organization had  contributed at a time when Leaders thought they  
needed a multilateral organization that function ed. This show ed that global solidarity matter s. 
Members  had stepped up to the plate and delivered. They should  step up now and further contribute. 
They could not just be the miracle on Lake Geneva. Contribut ing did not mean they had to tackle 
every challenge on the horizon or look to lists of deliverables. But they should  contribute in a focused 
way – choosing three important items they could  deliver now, on or before MC13.  
3.4.  As she had noted, in the past months and weeks, Members had  had retreats or workshops and  
they had continued talking amongst themselves in some areas. These were important steps . She  
commend ed Members  for them. But they should  try to move from discussion and reflection, as soon 
as they could, to action. This was the call she heard repeatedly in recent exchanges with Leaders, 
Ministers and other stakeholders. And she thought it was because of the state the world was in. 
Everyone was worried. It was not looking good. And quite frankly, they were looking to multilateral 
organizations to try to move things forward. This was why they had this meeting in Berlin – and the 
cry was, they had to make multilateralism count. So, this was what she was trying to say to Members  
– that they had  made it count. They could  not afford to let this go.  
3.5.  On Fisheries Subsidies , in October , Members  had a successful brainstorming session on the 
substance and approach to support the second wave of negotiations which they had committed to 
complete by MC13. She referred them to relevant documents circulated in RD/TN/RL/163. The 
'know ledge building' technical workshops that Members had called for as a prelude to text -based 
negotiations ha d already started, including 23 November . She underst ood that the next knowledge 
building workshop w ould be held in early 2023 focusing on data relati ng to subsidies and fisheries.  
Moving forward, these negotiations w ould require strong political will and flexibility to deepen the 
new Agreement's disciplines while recognizing the special needs of developing and LDC Members. 
Quickly agreeing on a chair w ould be a good start. It was very difficult for people to understand why TN/C/M/43  
 
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  they could not agree on a chair.  This had been  the thrust of her message during her recent visit to 
the Pacific. She wanted to commend the Government of Fiji, the Ministers of the Pacific Islands and 
of Australia and New Zealand for their commitment to further negotiations by addressing outstanding 
issues with a focus on overcapacity and overfishing including S&DT and for thei r call to ratify and 
implement the Fisheries Subsidies Agreement as soon as possible. It was really impressive when 
one was  close to those for whom fisheries was everything – as she was when she visited the Pacific 
– to know how important it was to them to  make progress on this matter. All the Ministers had 
turned up in Fiji to make that point.  
3.6.  In echoing these calls for swift entry into force, she recall ed that, pursuant to Article 7 of the 
Agreement, a dedicated funding mechanism to support developing an d LDC Members was to be 
established. In this regard, she inform ed the Membership that a new Trust Fund was now 
operational, and the following Members ha d announced cont ributions – Germany, Japan and the 
European Union. She thank ed Australia for joining thi s group with a contribution of AUD two million 
announced during her visit. She thought the rate of return to that visit was extremely high. The fund 
was ready to accept further contributions. If they could have a similar rate of return, even though it 
was tiring during this travel, she did not mind going to get this kind of response. She hoped that the 
opening of this fund w ould encourage more deposits of instruments of acceptance of the Agreement. 
This was something she had  stressed on the road to each and  every Leader at the G20 and to all 
the countries visited. They had all promised to work on it. She hoped to  get some instruments being 
deposited soon  and said that  the first ten deposits would be  made public. She hoped that w ould 
encourage Members to move . She recall ed that the deposit of instruments of acceptance was very 
important to begin the work of facilitating implementation and improved fisheries management.  
3.7.  On agriculture, Members would r ecall that a retreat had been  organized in October for them to 
consider fresh approaches towards the WTO agriculture negotiations in order to try to overcome 
entrenched differences that ha d stymied progress in these negotiations. The discussions had been  
timely given the current situa tion that the world was confronting, and she thank ed Members again 
for their participation in these discussions. Food insecurity remain ed a global concern. International 
markets for food and agriculture including cotton continue d to be distorted by subsidi es and high 
levels of protection. This was compounded by export restrictions on food, feed and fertilizers which, 
as she had  mentioned at the previous meeting, were again on the rise.  The recent joint study by the 
WTO and the FAO had noted that shortages o f fertilizers w ould likely persist into 2023, threatening 
agricultural production and food security in Africa in particular, where farmers were heavily 
dependent on imported agricultural inputs. This was among the issues highlighted during the 
dedicated di scussion on cotton trade held early in the  month. Climate and other sustainability 
impacts on the agriculture sector were rising – hitting struggling smallholder farmers the hardest.   
3.8.  WTO rules ha d not kept pace with changing challenges. If Members  were to respond effectively, 
they should  put renewed energy into the agriculture negotiations. Despite years of efforts, and some 
progress, they were yet to deliver on the longstanding Article 20 agriculture reform mandate in ways 
that the world was expecting fro m the WTO . The message had been  loud and clear on agriculture. 
Given the problems of food insecurity that the world was facing, they we re being expected to truly 
find a way through this impasse.  What was pressing was the question of how to bring all Member s 
back to the negotiating table in earnest and deliver meaningful results. In this regard, they needed 
a shared – and pragmatic understanding about what Members collectively hope d to achieve in these 
negotiations. They also need ed, as they had said during the retreat, fresh approaches – a willingness 
to re-think the way they had been doing things. So, she called on all Members to move forward in 
this fresh approach and in this re -thinking including by continuing the productive exchanges amongst 
themselves that some of them had been having and  in agreeing on a chair.  At the same time,  she 
commend ed all Members and  the regular Committee on Agriculture ( CoA) Chair, Mr. Marcel Vernooij 
(Netherlands) , for establishing a new work programme to address the food security concerns of 
Least Developed Countries (LDCs)  and Net Food Importing Developing Countries ( NFIDCs ) pursu ant 
to the MC12 Declaration. She encourage d Members to actively participate in this work, to be 
launched in early December so that they could build convergence and deliver concrete solutions no 
later than the work programme's 30 November 2023 target.  
3.9.  With regard to  development , ensuring that the benefits of trade were felt by all and that all 
Members were well integrated into the multilateral trading system were objectives that should fuel 
their efforts. For this to work, they should avoid debates that were high on divisiveness and low on 
solutions. They should focus instead on addressing developmental challenges, see what need ed to 
be corrected and deliver wherever they could. They had  heard the CTD SS Chair. They should deliver TN/C/M/43  
 
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  particularly for the LDCs i ncluding on the LDC Graduation proposal . Ambassador Hassan's report on 
this sp oke for itself. Where they were now behove d them to step back and look at the issue of S&DT 
again with fresh eyes. They should  find ways to engage with each other on this important issue that 
was key to advancing work not only in the CTD SS but in other negotiating areas and work across 
this house.  
3.10.   Services was another sector that c ould promote inclusive growth including industri alization, 
development, and resilience. It was about time to see what they could deliver in this area. In this 
regard, she recall ed Paragraph 10 of the MC12 Outcome Document and encourage d Members to 
work together to advance these negotiations. They likewi se need ed to reach a common 
understanding on how to address work in other negotiating areas that were long overdue.  She also 
made a few observations on other areas of work that d id not fall within the remit of the TNC but 
were nonetheless very important. Starting with the  most urgent  matter  which concerned  Paragraph 
8 of the MC12 TRIPS Decision on whether to extend it beyond vaccines to the production and supply 
of COVID -19 diagnostics and therapeutics , discussions were ongoing in the TRIPS Council under th e 
leadership of Ambassador Gberie . Members  needed to give proper attention and urgency to this 
matter given that COVID -19 seem ed to be rearing its head again in certain parts of the world.  
3.11.   In relation to this, earlier this month, she had  met with CEOs from  companies engaged in the 
production of key COVID -19 therapeutics. They had a productive exchange on the current  challenges 
for expanding and diversifying production of therapeutics and on the potential role of trade policy 
tools in addressing and overcomi ng them. Given the importance of this matter, she urged all 
Members to redouble their efforts to find a mutually acceptable solution or a path forward on this 
issue. Stalemate at the TRIPS Council was not the way forward. Members  had the 17 December 
deadli ne looming and it w ould be important to determine how to proceed before this deadline arrive d. 
The considerations and conversations she had  had with Leaders of both proponents and non -
proponents point ed to a difficult yet not insolvable challenge. Members  again ha d to find that 
approach that w ould enable them to move forward.  
3.12.   Another matter of prime importance was WTO Reform. Members  had a productive discussion 
on 10 November . She  once again thank ed the General Council Chair – Ambassador Chambovey – 
for his leadership. She also thank ed the five Ambassador Facilitators who  had assisted them and all 
Members for the substantive exchanges which she b elieve d had been  useful for helping  them to 
move along.  During her recent meetings with Leaders and Ministers including at the G20 in Bali, in 
the Pacific Islands, in Australia, New Zealand and in Berlin, it had been  clear that Members  needed 
to ensure that the organization reform ed and continue d to provide a framework for peaceful, 
competitive economic engagement for all Members, to make the benefits of trade felt by people 
across the globe and to build further trust in the multilateral trading system. In fact, despite the 
ratcheting up of geopolitical tension s, Leaders from both developed countries and emerging markets 
made clear that they need ed a well -functioning multilateral trading system with the WTO at its core. 
This was clearly and repeatedly stated in the G20 and the APEC communiqué s. The WTO had not 
been seen so central to Leaders in such a long time . Members  should not squander this opportunity.  
3.13.   Members had  heard her advocate a pragmatic step -by-step approach which d id not mean 
lowering the ambition. Setting a meaningful agenda remain ed key to ensurin g effective and 
responsive reforms. In this regard, dispute settlement remain ed an area of great interest for all 
Leaders and business groups she had met with recently. To be blunt, the collective assessment was 
that the term "dysfunctional" w ould never co mpletely be disassociated from the WTO unless 
Members  reform ed and restore d the dispute settlement system. In this regard, she looked forward 
to the consultations that  were currently ongoing that the United States was having with other 
Members and that Mem bers were leading with each other.  She hoped for a more institutionalized 
approach in 2023  with a timeline to deliver on the MC12 outcomes.  Specifically on reform of the 
negotiating pillar, the need to find ways to reach convergence was palpable. As TNC Chair, she 
encourage d all Members to inject dynamism and flexibility in all negotiating work. The progress they 
made  depend ed on the efforts Members  collectively put in. S he called on all of them  to constructively 
participate in all disc ussions. She looked forward to engaging with all Members and the General 
Council Chair at the appropriate time and in the appropriate configuration. As she had often said, 
now more than ever, the world  needed to strengthen trade cooperation, not weaken it.  And this 
should start here, in Geneva, with a change in attitude and all of the Members coming together to 
meaningfully advance the work. They had done this less than six months ago at MC12 – she was  
sure they could do it again.  TN/C/M/43  
 
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  3.14.   She also said a few words on the World Trade Congress on Gender, and a few other matters.  
On 5 to 7 December, the WTO w ould be hosting the World Trade Congress on Gender. This was a 
first and there was a buzz of excitement about it outside. It w ould provide a platform for showcasin g 
and discussing research initiatives by trade and gender experts under the theme "Gender Equality 
for Sustainable Trade and Recovery". The programme for the event ha d been posted on the WTO 
website. They would be joined by high level speakers including Mi nisters from some Members , the 
private sector as well as other international organizations . She hoped that many Members  would try 
to attend this event.  
3.15.   On trade and climate, COP27 had been  a success for the WTO. The WTO  had a standing room 
only attendance at the launch of its flagship report. They had strongly argued for a just transition 
for developing countries  and for approaches to carbon pricing that t ook both developed and 
developing countries' views into account centred on Common But Differentiated Re sponsibility and 
delivering on the Paris Agreement. These pieces of work were currently ongoing at the IMF, the 
World Bank and the OECD. Her fear was that the WTO's views w ould be completely left out if they 
did not participate. That was the problem. The o ther institutions were doing this work whether 
Members  liked it or not. So, it was very important that this Membership, which w ould be the fulcrum 
of any fallouts from this kind of work, w ould try to make sure that the views of WTO Members were 
factored into some of this work going on in other international organizations.  
3.16.   What she was trying to do was for the WTO  not to be left behind – and not be faced with a 
fait accompli of work having been  produced elsewhere which was now adopted by the same 
stakeholders that were in this room in another context. She was  trying to keep up  and see what was 
going on. She was trying to introduce the trade aspects for others to listen to. Leaders like Chancello r 
Scholz were eager to embrace developing country ideas from the WTO and inputs into the ongoing 
low carbon transition proposals, some of which were going around such as the Climate Alliance of 
like-minded countries that Chancellor Scholz was promoting. In  other words, Members  should be 
pleased that WTO Members' sensitivities were being  put in front of all those who were doing this 
work – and not taking a back seat. Many Members ha d different views and approaches to this – and 
it was those sensitivities tha t were being  introduce d. Some Members prefer red a regulatory 
approach, others a taxing approach and others – pricing. There were so many different approaches. 
Therefore, making others aware that this was the case was very important.  
3.17.   On Secretariat adminis trative matters , Members w ould recall that, early this year, she had  
announced the process to fill the vacancies resulting from the departure of six senior Secretariat 
staff. She reported that t he filling of these Director posts had been finalized as follo ws: Ms. Blanca 
Pinero Canovas for Languages and Documentation, Ms. Mary Jones for the Office of Internal 
Oversight, Mr. Santiago Wills for Council and TNC, Mr. Ralph Ossa for Economic Research and 
Statistics, Ms. Alison Holmes for Human Resources and Mr. I smaila Dieng for Information and 
External Relations. She was proud to say that, of the six posts, they had managed a 50 -50 gender 
balance – three women and three men. This was what she had told Members  they would set out to  
do – try and achieve this kind o f balance especially for senior positions. She was pleased that they 
had been  able to deliver on this.  
3.18.   Progress had also been made on the Secretariat Transformation Process. They had completed 
work on two aspects – rewards outside promotions and procurement. They expect ed to launch new 
approaches on rewards outside of promotions on 16 December. These were new policies. They would 
begin implementing them in January. Work on other pilla rs was ongoing. In that regard, they should  
begin work in the new year on vision and strategy for the organization. She also expect ed to launch 
on 16 December the Secretariat's new internal gender policy. This work had been ongoing for seven 
years prior to  her arrival. Now, they were on the cusp of delivering a new internal gender policy for 
the Secretariat.  
3.19.   The Trade Negotiations Committee took note  of the report  by the Chair . 
4  STATEMENTS BY PARTICIPANTS  
4.1.  The representative of Canada  started with a call to a ction on how Members  worked. Over the 
past three months , while witnessing many successes , she had also participated in many 
unnecessarily long meetings that had wasted delegates' time. It was up to them, the delegates, to 
ensure that the meetings were effective. She therefore support ed the Chair 's call for focused and TN/C/M/43  
 
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  concise statements. On WTO Reform, Canada look ed forward to practical work in Committees and 
Councils. Canada ha d invited the Ottawa Group Ministers to meetings in December  and in Janua ry 
to discuss how to facilitate reforms that benefit ted Members at all levels of development. On dispute 
settlement , Members  had a common goal of having a fully functioning  system in place by 2024. To 
this end, they would need to focus on what was needed t o meet Members' needs and remain open 
to new ideas aimed at satisfying them. On  the e-commerce  moratorium and work programme , 
Canada w ould continue to contribute to the dedicated discussions . Canada ha d participated in all 
discussions on the moratorium and  had repeatedly explained its position  that the scope of the 
moratorium was that no customs duties should be applied to either the content of the transmission 
or the transmission itself  and Canada support ed a permanent moratorium . On the Trade and 
Environm ental Sustainability Structured Discussions , discussions had advanced in 2022 on a variety 
of trade -related environmental issues and the co -sponsors plan ned to engage in more focused and 
in-depth discussions in the four working groups in 2023.  
4.2.  Concerning ongoing negotiations, o n e-commerce , Canada  support ed the efforts of the co -
facilitators to intensify negotiations by focusing on proposals that ha d broader support. Joint 
Statement Initiative (JSI)  Participants were  looking for an ambitious streamlined co nsolidated text 
by the end of the year.  On investment facilitation for development , progress on this JSI negotiation 
was important to help facilitate investment in many developing Members. Canada  was prepared to 
engage substantively to conclude negotiation s as soon as possible.  On agriculture and food security , 
Canada was committed to engaging constructively in any configuration. It would continue to 
contribute to having a clearer picture of current realities to underpin Members'  work and called on 
all of them to work together  in this regard, including through providing notifications to fill the many 
gaps in their knowledge. On fisheries subsidies , Canada remain ed committed to negotiations towards 
a comprehensive agreement and to ratifying the current agreem ent expeditiously. Finally, as long 
as the Russian Federation 's unprovoked, unjustified and illegal war of aggression in Ukraine 
continue d, Canada w ould not engage with Russia  in the WTO in a business -as-usual  fashion. Russia 's 
heinous military actions sev erely affect ed the Ukrainian economy and its capacity to trade, the very 
thing this organization was designed to support. Canada 's support for Ukraine and its people was 
unwavering.   
4.3.  The representative of Barbados , speaking on behalf of CARICOM , thank ed the Chair for 
convening this final TNC/ HoDs for the year which provided Members the opportunity to assess the 
level of work post MC12 and how Members c ould advance the work of the WTO to prepare for MC13 
and beyond. CARICOM  was encouraged by the efforts of the WTO Secretariat actively engaging the 
Members through retreats, small groups,  and special and dedicated sessions all in an attempt to 
come to a resolve. In this regard, t he CARICOM Group highlight ed four issues . On WTO Reform,  the 
discourse on reform should  uphold the core principles of transparency, inclusiveness,  and consensus -
based decision -making. The process should be based on the proposals of all Members and be held 
in a comprehensive, balanced, structured, non -discriminatory, transpare nt, and inclusive manner, 
including as it relate d to work conducted pursuant to paragraph 4 of the MC12 Outcome Document 
towards a fully functioning dispute settlement mechanism by 2024. It w ould therefore be useful to:  
(i) determine how to carry out work on both WTO Reform pursued under paragraph 3 of the MC12 
Outcome Document and work undertaken on the dispute settlement mechanism pursuant to the 
mandate in paragraph 4 of the Outcome Document; and (ii) to add structure to work on Reform and 
develop differ ent work streams around the core functions of the WTO.  
4.4.  On agriculture, CARICOM  was disappointed that Members  had not been able to arrive at an 
outcome in this area . Nevertheless, CARICOM  welcome d the decision of the World Food Programme 
purchases and the M inisterial Declaration of Food Insecurity. The Group was  also encouraged by 
Members ' ability to arrive at a Work Programme in the CoA on the implementation of Paragraph 8 
of the Ministerial Declaration dealing with food security issues affecting NFIDCs and  LDCs and w ould 
actively participate in discussions to execute the work programme. Agriculture and food security 
were important issue s for CARICOM . Work should progress to take them to meaningful results by 
MC13.  CARICOM  remain ed committed to continuing discussions on agricultural reform in line with 
Article 20 of the Agreement on Agriculture. CARICOM's  positions on agriculture were known. 
CARICOM  had listened to some Members seeking to find a nexus between the agriculture 
negotia tions and climate concerns. The Group was  committed to the issue of climate change and 
believe d that a discussion was needed among the Membership on how best to integrate climate 
considerations into the COA  SS work programme.  TN/C/M/43  
 
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  4.5.  On e-commerce, CARICOM thanked  Ambassador Usha Dwarka -Canabady (Mauritius) for 
agreeing to take on the role of Facilitator, as the Membership s ought  to reinvigorate its work under 
the Work Programme in keeping with the MC12 mandate.  The Group  welcome d the convening of the 
dedicated discussion on 18 November as well as the constructive spirit and the suggestions outlined 
by Members. As  it had done  during that discussion, CARICOM  reiterate d its interest in engagement 
on the digital divide and its deleterious impact on their economic and t rade activity, as well as on 
possibilities relating to cooperation in this regard. Three key approaches for work under the Work 
Programme would be (i) the sharing of information, perspectives,  and experiences among Members, 
(ii) the WTO 's convening of rele vant external stakeholders and (iii) the assignment of certain, 
pertinent tasks to the Secretariat. The Group  was also open to considering the Facilitator's 
suggestion on the format for engagement on the moratorium in the period ahead. The CARICOM 
Group lo oked forward to the intensification of Members' engagement on e-commerce both in the 
General Council and the subsidiary bodies in the period ahead.  
4.6.  On fisheries subsidies, the Group stresse d the importance of concluding phase two of the 
negotiations as so on as possible on the basis of document WT/MIN ( 22)/W/20. Members  should 
target MC13 to finali ze work on fisheries subsidies as they had already done a lot of work on this 
issue. CARICOM  thank ed funders that ha d supported the voluntary WTO funding mechanism and 
looked forward to ensuring that small economies c ould benefit.  
4.7.  On a personal note, the representative of Barbados said that he had spoken in this room as a 
delegate twenty  years ago, as a WTO staff member ten years ago a nd as an ITC representative a 
few months ago. But t his day, on Barbados ' 56th Independence Day and its first anniversary as a 
Republic , it gave him great pleasure to take the floor in the new role as Ambassador of Barbados. 
He thanked the Chair and Members  for the warm welcome they had given him and looked forward 
to working with  them all. 
4.8.  The representative of  the Kingdom of Saudi Arabia , speaking on behalf of the Arab Group , said 
that, in these challenging and uncertain times, it was Members'  collective responsibility  and mandate 
to continue working together and to speed up the process of the implementation of the Geneva 
Package particularly on  the WTO response s to emergencies. Members should urgently come together 
and grapple with the challenges facing them to find common solutions that lead to meaningful 
outcomes. In this regard, the Arab Group  welcome d the consensus reached by Members to establish 
a new work programme in the Committee on Agriculture to address food security concerns of LDCs 
and NFIDCs . This initiative mark ed an important step in putting into effect a mandate in the MC12 
Ministerial Declaration on the Emergency Response to Food Insecurity. In the lead up to  MC13,  
Members sh ould continue their work in the same spirit that they had witnessed at MC12. Their efforts 
should be guided by the same faith and sense of responsibility to the multilateral trading system. 
The MC12 outcomes should  therefore  be implemented in a way that was satisfactory to all. The Arab 
Group was  encouraged by the deliberations and discussions that had taken  place in the retreat 
sessions. This exercise had been  a good opportunity for Members to come together , have frank 
discussions and exchange views on the pressing issues in WTO negotiations in order to overcome 
entrenched differences that ha d stymied progress in the talks. The Arab Group thanked the Chair  
and the WTO Secretariat for all the efforts exerted  in organizing these brainstorming retreats.  
4.9.  The Arab Group reiterated its general views on certain areas . The overall WTO Reform should 
reaffirm the WTO's founding principle and should  be open, transparent, inclusive,  and consider every 
Member's concerns. Reform should also promote greater linkages b etween trade rules and 
development. These d iscussions should focu s on, among other issues,  the current Appellate Body 
impasse with a view to having a fully and well -functioning dispute settlement system accessible to 
all Members by 2024. Members had a lot of work ahead of them to implement the Fisheries Subsidies 
Agreement particularly  in aligning their domestic policies , and to prepar e for further negotiations 
and consider how best to pursue a successful conclusion of the second wave. The most urgent 
priority for Members now and before they started digging deeper in their talks was to appoint  a new 
NGR Chair. The Arab Group  likewise stress ed the paramount importance of agriculture to their 
economies. As issues surrounding agriculture were not easy to reconc ile, the Group  urged all 
Members to work closely with each other and strive for concrete outcomes at MC13 and to speed up 
the process of appointing a new COA SS C hair. On accession s, the Group recalled that  13 out of  the 
22 Arab League countries we re WTO Members and eight were in the process of  accession. The Arab 
Group reiterate d that  the accession process should be accelerated and that the observer status 
application for Palestine should be  considered positively once submitted since the WTO was the 
forum where all Members  could benefit from fair and equitable trade. The Group  commend ed the TN/C/M/43  
 
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  commitment by Ministers at MC12 to facilitate the conclusion of ongoing accessions, especially for 
LDCs fully in line with the General Council Guidelines on LDC Accessions, and to provide technical 
assistance, where appropriate, including in the post -accession phase. The Arab Group remain ed 
committed to work constructively post MC12 and towards meaningful o utcomes in MC13 that would 
serve the interests of all WTO Members.  
4.10.   The representative of Kenya , speaking on behalf of the ACP , noted  that, as Members  
approach ed the close of the year, it was important  to take stock of what ha d been accomplished to 
implemen t the outcomes of MC12 so far, as they charted the way forward. Some decisions that had 
been taken by the Ministers ha d specific deadlines. Members  had been meeting and discussing in 
various configurations on all of the outcomes with a view to arriving at convergence on the 
mandates. They had moved somewhat on the process for discussions in a few areas, and some 
useful ideas ha d also emerged from the Director -General 's brainstorming retreats on fisheries, 
agriculture, and reform. The outcomes of these meeti ngs should be balanced reflections that 
provide d a clear way forward. Members  should also  resolve the stalemate in the filling of the 
vacancies for Chairs of  COA SS and the NGR  in a Member -driven and fair manner. In addition, they 
should, as soon as possible, agree on the venue and dates for MC13.   
4.11.   On the fisheries subsidies negotiations, the ACP Group was committed to achieving robust 
and effective disciplines on overfishing and over capacity (OF OC) by MC13, in line with the mandate 
of SDG 14.6  and with the objective of achieving a complete and comprehensive Agreement, 
specifically on the outstanding OFOC  pillar. The ACP Group welcome d the establishment of a 
voluntary WTO funding mecha nism to assist with the implementation of the Agreement and thank ed 
the Director -General  for working to ensure that the Fund had been  set up. This fund w ould be critical 
in supporting ratification and implementation of the Agreement once it enter ed into fo rce. On the 
second wave of negotiations, the Group  hoped that progress c ould be made in tandem with the 
process of ratification and entry into force. The ACP recall ed that document WT/MIN ( 22)/W/20 
would be the basis for the discussions  and reiterate d that it did not  support the approach to OFOC  
that would create a loophole for major subsidizers. Members  should ensure appropriate and effective 
S&DT  for non -distant water fishing developing and LDC  Members  in the OFOC  pillar.  
4.12.   On agriculture, the ACP Group we lcome d the hard work and discussions that  had resulted in 
the establishment of a Work Programme mandated in paragraph 8 of the MC12 Declaration on 
Emergency Response to Food Insecurity. Going forward, the ACP Group  would  support the process 
driven by the C hair of the Agriculture Committee who  was steering the Working Group in charge of 
the Work Programme. The ACP Group also  reiterate d the importance attached to achieving tangible 
outcomes on a Permanent Solution related to Public Stockholding which would cover future 
programmes. The Group further call ed for an outcome on  a special safeguard mechanism ( SSM). On 
the C OA SS, the ACP  urged for the  expedit ion of  the consultations to fill the vacant Chair  in order to 
proceed with the  negotiations. The ACP was keen for the WTO to finally address the distortionary 
impact of subsidization programmes on developing and LDC  Members'  agricultural production and 
trade and  sought  to preserve the policy space and flexibility for the protection and development of 
memb er countries'  agricultural sector.  
4.13.   On the MC12  TRIPS Decision, the ACP Group urge d Members to fulfil the mandate given by 
the Ministers with respect to the extension of the decision to cover diagnostics and therapeutics. 
Many meetings ha d been bogged down with constant questions that appear ed to put into question 
the mandate agreed by Ministers. Extending the decision to diagnostics and therapeutics w ould 
provide certainty to health systems which requir ed the necessary tools to counter new variants. On 
WTO Reform, the ACP consider ed that the process should be Member -driven, taking into account 
the developmental priorities of developing and LDC Members . S&DT  should be an integral part of 
the discussions in reforming rules and procedures. The ACP  noted the pro gress that ha d been made 
to take the discussions on WTO Reform forward under the auspices of the General Council . To build 
on that progress, the Group  recommend ed that the WTO Secretariat prepare a tabular or 
consolidated document of submissions on WTO Reform that ha d been made across the various 
bodies. The ACP would also welcome a tentative schedule of dedicated sessions on WTO Reform in 
the General Council. The ACP Group was still working on its submission on reform and urge d that all 
proposals and submissions be consistent with the inclusivity and consensus principles in the WTO.  
4.14.   On the Work Programme on Electronic Commerce , the ACP Group  commend ed the Chair  of 
the General Co uncil for holding the first dedicated meeting and appointing Ambassador Usha 
Dwarka -Canabady (Mauritius)  as Facilitator. In view of the deadline given by Ministers at MC12, TN/C/M/43  
 
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  Members  should  expedite work. The ACP  highlight ed the ministerial instruction to pl ace the 
development aspect as a priority in the Work Programme and within  the WTO's remit. In canvassing 
the issues in the Work Programme, Members  should follow the September 1998 mandate and target 
issues related to the contemporary challenges and opportu nities for developing and LDC  Members 
to achieve concrete results. The ACP Group had flagged a few areas at the dedicated session  which 
would be important to bring forward as indicative of the impact on the development aspects of the 
Work Programme.  
4.15.   Anoth er priority that had not been agreed at MC12 was the LDC Graduation proposal. While 
the MC12 Outcome document for the first time t ook cognizance of the work needed in the WTO, it 
had been  unfortunate that a decision could not be taken on this matter.  Nonet heless, the ACP  
remain ed confident that collectively the WTO Membership w ould be able to accept this request by 
the LDC Group that w ould ensure smooth and sustainable graduation for all LDCs. Finally, the 
unfinished business on the agreement specific S&DT  proposals in the CTD  SS remain ed a key area 
of attention to achieve progress post  MC12. This mandate  as well as the acknowledgement of the 
integral part that S&DT  held in WTO agreements had been  reaffirmed by Ministers in Paragraph 2 of 
the MC 12 outcome document. As instructed by Ministers, Members  were expected to report on  
progress at MC13.  
4.16.   The representative of Cameroon , speaking on behalf of the African Group , said that the African 
Group had  always indicate d its attachment to multilateralism as well as its interest in advancing 
multilateral discussions within this institution. On agr iculture, the African Group  had repeatedly 
reiterated the need to implement the commitments made to reduce or even eliminate trade-
distorting subsidies. I n this regard, the Group  had formulated proposals to limit aggregate measure 
of support ( AMS) at de minimis level. The Group was  aware of the difficulties that this reform could  
pose to certain Members  whose agriculture was heavi ly subsidized and thus distort ed trade . The 
economies of African States were however  mainly agricultural and such subsidies ha d not only 
weakened the ir economies  but had also destroyed the agricultural fabric and had created a strong 
dependence on imports.  The African Group therefore called for urgent measures to ensure food 
security in African countries which were mostly net food importers. The Group support ed the 
proposals by Egypt , which it had co -sponsored, as well as that of the LDCs. The African Group  called 
on all Members  to work together for urgent solutions between now and MC13 , without prejudice to 
the discussions on the other elements of the agricultural reform so desired by the African Group, in 
particular PSH and SSM. The African Gr oup expressed its  reservation for a status quo on cotton 
which negatively affect ed millions of African farmers. Members should find an acceptable outcome 
on the cotton issue  to create a modicum of justice for African countries and other developing 
Members . The African Group st ood ready to work closely with any Group to advance these 
discussions on agriculture. For almost thirty years, their aspirations ha d been left on the side-lines 
of the deliberations and the African Continent's Agenda 2063 as well as th e construction of the 
African Continental Free Trade Area ( AfCFTA) c ould not be satisfied with the current  immobility which 
had suffocate d their savings. Th e Group  commended Members  and Groups that ha d expressed 
openness to work with it in this regard . 
4.17.   For the Africa n Group , the mandate given by Ministers in Paragraph 8 of the MC12 TRIPS 
Decision was  clear. The text reached at MC12 was the result of a hard -fought and delicate balance. 
The only question that remain ed was whether Members ha d the political will to take the necessary 
step of extending the decision to cover therapeutics and diagnostics. Test -to-treat strategies were 
essential. This was particularly true in Africa where, due to vaccine nationalism, vaccination rates 
were low. Co -sponsors ha d spent three  years providing evidence of intellectual property ( IP) 
barriers. The inability of the WTO to deliver on issues of public health amplifie d the need for African 
countries to achieve health security by prioritizing local production an d addressing the concentration 
of production.  The A frican Union Summit ha d issued a decision on Africa 's industrialization and 
economic diversificatio n. The decision recall ed the pharmaceutical manufacturing plan for Africa, 
reaffirm ed Africa 's support for  the TRIPS Waiver proposal and call ed for an extension of the WTO 
Ministerial Decision on the TRIPS Agreement to cover therapeutics and diagnostics. Fulfi lling the 
Paragraph 8 mandate remain ed a key priority for the African  Group . The Group therefore  called upon 
all Members to join consensus on this crucial issue.  
4.18.   On WTO Reform, the African Group ha d formulated for more than a year its global vision of 
reform in document WT/GC/W/ 778/Rev.4. The Group  welcome d the initiative of the Chair of the 
General Counci l who  had initiated a frank dialogue amongst  Members on this subject within the 
framework of a retreat. Any discussion on this subject should be structured, inclusive and TN/C/M/43  
 
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  transparent  and should be based on textual proposals in order to allow all Members to  take an active 
part in a consensual format.  
4.19.   On the Work Program me on Electronic Commerce , he reiterated that the Africa n Group ha d 
always recognised the importance of the digital economy as well as e -commerce in contemporary 
trade.  This trend was increasing and deserve d Members' attention. This was why it had to be  
ensure d that the development of e-commerce did not undermine the dev elopmental policies of most 
countries and  reinforce the domination of some major players. Therefore, the Africa n Group place d 
importance on the multilateral Work Programme on e-commerce . The Group  welcome d the 
Ministerial Decision on the Work Programme on e-commerce reached at MC12. I t noted that i n that 
Decision, Ministers  had agreed to “reinvigorate the work under the Work Programme on Electronic 
Commerce, based on the mandate as set out in WT/L/274 and particularly in line with its 
development dimension” . The Group  appreciate d the efforts of the GC Chair and the recently 
appointed facilitator to kickstart the post MC12 work. During the 18 November 2022 meeting, many 
delegations had expressed a preference to focus the initial work on the developmental aspe cts of 
the Work Programme . The Group support ed such an approach and reiterate d the need for the 
Membership to pay attention to the key questions and issues identified by LDCs and developing 
countries as Members  prepare d for the structured discussions. The Group looked  forward to working 
with the facilitator and the Membership toward addressing these important issues with an open 
mind.  
4.20.   On Trade and Environment, the last COP meeting  in Egypt had highlighted the fact that 
countries ha d tremendous difficulties in reach ing an agreement on most of the issues despite a 
global awareness of the need to engage in structural changes in their economies. Seventy per cent 
(70%)  of carbon stocks in the atmosphere were generated by developed countries who had  
recognized the ir responsibilities under the principle of common but differentiated responsibility. This 
fundamental principle should underpin all the discussions in the WTO on trade and e nvironment. 
Furthermore, the Group remain ed vigilant in getting all international instruments provisions duly 
reflected in the discussions and avoid ing an indirect revision of any provisions agreed upon under 
such Instruments. It said that the core mandate  of the WTO was trade,  and the Group was  confident 
that if all commitments taken by some countries to finance the green transition in developing 
countries were fulfilled, the task would be easier. The Group reassured Members of its  constructive 
engagement.  
4.21.   On development, the Group had expressed d iscontent with how development ha d been 
treated in the WTI  for the past years. It said that s ome Members c ould n ot repeatedly push for their 
interests and disregard the core interests of a large majority of Members. Members of the Group 
had joined the WTO  with the view and expectation that trade was a developmental vehicle. More 
than 25 years along the road, they were  puzzled by the level of indifference and stagnation that 
most of the Group's  proposals ha d received from developed countries. Recognizing the  importance 
and relevance of SDT for developing countries including LDC Members at this critical time where 
trade and industrial policy space were urgently needed to contend with the multiple crises, the Group 
urged  all Members to engage in good faith in t he CTD -SS to expeditiously work towards the 
finalization of the review process as mandated, and report on progress to the General Council before 
MC13. Despite the Chair’s best efforts to unlock the divergences, the Group was disappointed and 
frustrated at the lack of progress in the CTD -SS spanning over 20 years, which in its view,  
undermin ed the fundamental objectives of the WTO in addressing the imbalances among Members 
to achieve the core objectives of the WTO which include d:  raising standards of livin g, ensuring full 
employment, pursuing sustainable development of Members, and enhancing the means for doing so 
in a manner consistent with Members’ respective needs and concerns at different levels of economic 
development. The Group  remain concerned with t he delaying tactics and disengagement by some 
Members. This was a problematic attitude in the negotiations because the entire purpose of the Doha 
Work Programme’s mandates was intended to address the development deficit in the Uruguay Round 
Agreements. It was discouraging that not more than five months ago, Trade Ministers had instructed 
officials to work on the Paragraph 44 negotiations,  but that political momentum ha d not translated 
into work and a commitment by all Members to help members of the Group  achieve their 
development goals. With this said, the Group  called on Members to grant their support to the CTD -
SS Chair in her efforts in bridging the gap between the G90 and other  Members. It was time for 
action. Therefore, the Group called on Members to exert maximum flexibility, in the same way, that 
it had been asked to do so on other areas of interest to other Members.  The Group was  also open 
to any approach that facilitate d concrete outcomes on the essential topic such as a Facilitator if 
deem ed necessary.  TN/C/M/43  
 
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  4.22.   On dispute settlement, for the past three years, the Appellate Body had not been operational 
and dysfunctional. All efforts by subsequent Chairs to reinstate this fundamental pillar of the WTO 
had not been successful. The Group had taken  note of the informal discussions by Members to 
address this situation but remain ed concerned with this parallel process which de facto undermine d 
the authority of relevant bodies such as the DSB. The  Africa n Group had submitted a proposal and 
contributed t o the Walker process to ensure accessibility  of the dispute settlement system  for all 
Members. The Group was of the view that discussions on reforming the Dispute Settlement 
Mechanism should be inclusive, transparent, and conducted under WTO regular bodies . The Africa n 
Group w ould play its part in the resolution of the WTO’s two -tier dispute settlement system.  
4.23.   On fisheries subsidies, the Group recalled  that MC12 ha d mandated the N GR to continue 
negotiations based on the outstanding issues and make recommend ations to the MC13 for additional 
provisions with a view to achieving a comprehensive agreement.  Such provisions  were to, inter -
alia, include disciplines relating to overcapacity and overfishing as well as appropriate and effective 
S&DT  on how and what Members w anted  to take up during the second wave of discussions on 
fisheries subsidies.  Furthermore, the workshop which had been held the previous week had been  a 
good starting point for newly arrived colleagues and  had been a  refresher for others.  Members  
might  need some more in -depth conceptual discussions at such future events. The Group , however, 
noted that following the departure of Ambassador Wills, the Membership was yet to agree on the 
new NGR Chair despite the relentless effort of the General Counc il Chair and the troika members.  
The African Group urge d an early conclusion on the process so that substantive work could  start 
without further delay.  MC13 w ould soon at the door and delegations should be prepared to report 
to Ministers  about how they had been able to meet the mandate  which had been  given to  them.  
4.24.   On the process, the Group noted the importance of  the TNC which was the overall body 
supervising the ongoing round of negotiations. Therefore, the Group  value d the work of the T NC and 
believe d it deserve d appropriate attention and set -up. The Group was  confident in the collective 
wisdom of Members who had agreed, under an exceptional arrangement to appoint the Director 
General as Chair of this important body. The Group did not doubt that the Chair's strength and 
determination would facilitate outcomes on all these issues of importance to the Africa n Group with 
the support of all Members.  
4.25.   The representative of Samoa , speaking on behalf of the Pacific Group , aligned with the  
statement of the ACP Group. She commend ed the Chair for undertaking her first visit to their ‘Blue 
Pacific’ region, two weeks before  in Fiji, to meet with the Ministers of the Pacific Islands Forum WTO 
Members. They were pleased to have hosted her, as well to hear that the rate of return of her Pacific  
visit was high and that she had been able to be close and embrace the realities of small fishing 
nations that depend ed largely on fisheries for liveli hood. During her meeting with their Ministers, 
she would have heard of the WTO issues that were priorities for their region, which were outlined in 
the Ministerial Statement adopted at the Special Forum WTO Trade Ministers meeting held on 18 
November. At this special meeting, Pacific Forum WTO Trade Ministers had collectively reflected on 
the Geneva Package agreed at MC12 and  had decided t o place emphasis of the work on Fisheries 
subsidies; Agriculture, including food security; COVID -19 response and future preparedness; 
Development issues; Trade and Environment; WTO Reform, and E -commerce.  
4.26.   On Fisheries Subsidies, the Group express ed its appreciation to the WTO Secretariat for the 
support provided in the organisation of the Pacific Fisheries Subsidies event which had brought 
together senior trade, fisheries and legal Pacific officials to better understand the Fisheries Subsidies 
Agreement whi ch would assist them with implementation. She agree d with the Chair  that the rate 
of return was high. The Group  also welcome d the establishment of the voluntary WTO funding 
mechanism  and the pledges made; and continue d to call on partners to ensure adequat e funding to 
enhance the capacity of developing countries, LDCs and SIDS in the process of ratification and 
implementation of the Fisheries Subsidies Agreement ( FSA). The Group  continue d to prioritise the 
two workstreams, especially the second wave of nego tiations and the importance of delivering 
comprehensive disciplines on overfishing  and overcapacity  (OFOC) including  appropriate and 
effective S &DT, hopefully as an outcome for MC13 as Members had  committed. The comprehensive 
agreement must fully meet the mandates of SDG 14.6, MC11 and now MC12; preserve all rights of 
coastal states under UNCLOS when it comes to the implementation of the FSA. She said that the 
most immediate priority was to appoint a Chair of the NGR to start the process of the second wave 
of negotiations. The Pacific Group was ready  to engage with Members to move this important work 
forward.  TN/C/M/43  
 
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  4.27.   On agriculture, the Pacific Forum WTO Trade Ministers had underscored the urgent need to 
deliver outcomes at MC13. Therefore, there was also urgency to  appoint a Chair of the CoA -SS to 
facilitate this work towards MC13. The WTO’s response to the food security challenges that members 
of the Group  continue d to face as NFIDCs was also vital. The Group  recognise d the importance of 
trade as a tool to advancing the food security objectives of Pacific Island  members, and welcome d 
the work undertaken in the CoA with respect to the MC12 mandate on food security. On WTO reform, 
the Pacific Group reiterate d its position for an open, transparent,  and inclusive process for 
discussions, and stress ed the need to restore a fully and well -functioning dispute settlement system 
that was accessible to all Members by 2024 as was mandated by MC12. The Group  acknowledge d 
the retreat held earlier in the  month and look ed forward to further engaging with Members on this 
important issue.  
4.28.   On development issues, the Group  support ed the work on improving the application of S &DT 
in the WTO to be precise, effective and operational. It undersco red the need to advance work on the 
Work Programme on Small Economies and the LDC proposals to enable the integration of SVEs and 
LDCs including those in the Pacific in the multilateral trading system. The Group  called for a General 
Council decision on the  LDC proposal on smooth transition before MC13. It also underline d the 
importance of the TRIPS Waiver extension given its heavy dependence on imported vaccines, 
therapeutics and diagnostics to effectively prevent, detect and combat COVID -19, its variants a nd 
future public health emergencies. Finally, on E -commerce, this was also a priority issue for the Pacific 
and the Group  commit ted to engaging in discussions to address the digital divide faced by developing 
countries, LDCs and SIDS, and to better underst and the costs and benefits of the E -commerce 
Moratorium for developing countries. As it was  aware, the ministerial outcomes from MC12 refer red 
to MC13 as the deadline for much of the work. Therefore, Members  urgently need ed to finalise the 
venue and dates for the Ministerial Conference so that they and their Capitals ha d an appreciation 
of the timeframes they were  working in. The Pacific Group was ready to engage actively and 
constructively in the hope of working collaboratively with all Members to deliver meaningful 
outcomes at MC13.  
4.29.   The representative of Singapore  said it was  encouraging that following the successful 
conclusion of MC 12 in June 2022, Members ha d held a series of meetings in various configurations 
including retreats and informal GC meetings to brainstorm how to implement the MC 12 mandates. 
As Members  neared the end of 2022 and prepare d for 2023, it might be timely to ask themselves 
three question s. First, what they had  learned from these meetings . The key takeaway for his 
delegation was  that while there were some areas of convergence, there were still considerable 
divergences. Most critically, it was not evident that all Members share d the same vi sion to strengthen 
the WTO and ensure that it was fit for purpose for the 21st century. Nevertheless, the meetings had 
been useful in enabling Members to exchange views candidly, identify common denominators and 
carve a pathway to MC13. Second, how could M embers build convergence? At the Heads of 
Delegation (HODs)  meeting on 7 July, he had  urged Members to “think differently, act differently 
and work differently”, because it ha d become evident that the “same old same old” approach ha d 
failed them. If Member s sincerely want ed to inject new life and dynamism into the WTO, they had 
to go into 2023 with (a) a new mindset, which recognize d the value of the WTO as an institution 
that ha d served the interests of all Members and was worth strengthening; (b) they needed a new 
approach that embrace d negotiating in good faith and reject ed the “my way, or the highway” 
approach; and (c) they needed a new determination to find creative ways to deliver outcomes that 
were meaningful to workers, consumers and businesses.  
4.30.   Third, how c ould Members further progress their work as the Chair had asked, and prepare 
for a successful MC13 in the wake of MC12? There were naturally high expectations that MC13 would 
similarly deliver successful outcomes. However, Members had to  be rea listic and focus their attention 
and energy on a number of key issues. For Singapore, this would include  meaningful updates to 
MC12 regarding  progress on (a) WTO reform, (b) the dispute settlement mechanism and (c) 
ratification of the agreement on fisherie s subsidies, in addition to the moratorium on customs duties 
on electronic transmissions. Two other pressing priorities were the expeditious appointment of the 
COA-SS and NGR Chairs, and the decision on the venue of MC13. He recall ed that just a year ago, 
almost to the current day  on 26 November, Members had taken  the difficult  - but right  – decision to 
postpone MC12. One year on, they had  successfully concluded MC12, but were still far apart on 
many key issues. To paraphrase the well -known 1950s American m otivational speaker, Earl 
Nightingale - the problem before the WTO was to bridge the gap which exists between where 
Members  are now and the goal they intend ed to reach. He looked forward to working closely with 
his colleagues to ensure that it w ould not be  a bridge too far.  TN/C/M/43  
 
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  4.31.   The representative of Brazil  thank ed the Chair for her update and leadership in organizing the 
retreats on WTO reform, fisheries,  and agriculture. These meetings ha d provided Members  with 
useful inputs on key aspects of their agenda goin g forward. Brazil believe d that robust multilateral 
trade rules were essential. It was  engaged in all reform exercises with a view to revitalizing and 
strengthening the WTO, including its negotiating and dispute settlement pillars. Securing a fully and 
well-functioning dispute settlement system accessible to all Members by 2024, in accordance with 
the MC12 Outcome Document, was a first -order priority. As the current phase of informal discussions 
neared its end - and his delegation was  grateful for the U nited States leadership in this process - 
Members  needed to think about how that process should transition into text -based negotiations 
within a reasonable timeframe. He also wished to highlight Brazil`s proposal to hold yearly 
ministeri al conferences on the same lines as other key multilateral economic organizations such as 
the IMF and the  World Bank. Brazil's goal was to better enable the Membership to address both 
current and pressing trade -related issues and long-term structural chall enges. This would not 
necessarily involve  negotiating agreements every year but would help foster trust amongst the 
Membership. International trade was part of the solution in tackling quickly evolving  global 
challenges, such as those involving climate cha nge, pandemics and food security. The WTO had to 
have a say on th is. 
4.32.   Members had to  work with ingenuity to find novel solutions to longstanding problems; they 
had to , in the words of the Director -General, "embrace a fresh approach" to the interfaces betwee n 
agricultural trade, sustainable development and food security. For Brazil, looking into the future, 
sustainability, food security, and development were interconnected, and advancing these objectives 
necessarily involve d fulfilling the existing mandate es tablished in Article 20 of the Agreement on 
Agriculture. Brazil was determined to be a sustainable agricultural producer, contributing to both 
global food security and sustainability. For that more international trade  and less protectionism  was 
needed ; mor e multilateral rules  and less unilateral measures; more efficiency in agriculture 
productivity built upon clean energy sources  and less trade -distorting subsidies. Brazil  remain ed 
committed to the WTO and to open international trade in supporting the commo n goals of ending 
hunger, mitigating climate change, enhancing the participation of developing countries in the world 
economy, and promoting sustainable economic growth. On entering 2023, the first task before 
Members was  to reflect on an outline in terms of process and the priorities that could constitute 
work for a future Ministerial. MC12 ha d given compelling evidence of the WTO`s capacity to build 
consensus and respond to global crises, within its mandate on trade. In Brazil's  view, the path 
forward was to make the WTO fit for purpose and to align the multilateral trade agenda with the 
most pressing of global challenges.  
4.33.   The representative of the United Kingdom  welcome d the new Permanent Representative of 
Barbados  and Mr Santiago Wills back as the new Director of the Council, TNC Division. He also 
welcomed the Chair from her travels in promoting the work of th e organisation  including what had 
been achieved at MC12 at a time when the  value of open and free trade was under renewed threat. 
He also welcome d the fisheries, agriculture and reform retreats and the prospect of a similar event 
on development in the New Year. Members had been very good at retreating, but he believed that  
the moment was now for advancing. He shared the Chair's  frustration, and that of many others , 
about Members'  failure to agree who should Chair two of the most significant bodies  –the CoA -SS 
and NGR. This was particularly important because he believed that Members  needed to be honest 
that for a ll they had  achieved at MC12, there were many things that they had not achieve d.  They 
had achieved  a good agreement on fisheries,  but they needed  an even better, broader agreement if 
they were  to tackle the issues around the depletion of fish stocks  – and they were not going to do 
that without a n NGR  Chair. Members had agreed next to nothing on agriculture and were not  going 
to advance that debate without a CoA-SS Chair. Members had achieved next to nothing  on services 
despite services accounting for 15% o f global GDP, and  with such opportunities for countries  – 
developed and developing  – to advance if Members  liberalise d the rules in this area. This work was 
therefore important as was the work both on the ecommerce moratorium and on the ecommerce 
JSI. Members needed to advance th is work, on both those fronts over the next few weeks and  
months.  
4.34.   He thanked the Chair for flagging the importance of Trade and Gender, ahead of the World 
Trade Congress on Gender the following  Monday . He was delighted, that the United Kingdom's Trade 
Secretary, Kemi Badenoch would  be paying her first visit to the WTO to attend that this event  and 
he thanked  secretariat for the work in organising th e event. As both UK Permanent Representative 
and the Chairman of the Committee on Trade and Environment, he thanked the Chair for her 
extraordinary commitment in flagging the importance of climate change and the environment  – at TN/C/M/43  
 
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  the current meeting, at COP27, and during  her visits to Oceania and the Pacific. Being  St Andrew’s 
Day, he quote d, the work of  Nan Shepherd, who  had said that “the first law of ecology is that 
everything is connected to everything else ”. This had been seen in recent weeks and months whether 
with a third of Pakistan still under water, or with Somalia on the bri nk of drought inflicted famine.  
Members needed to work out  – as the Chair had suggested – how trade policy c ould contribute to 
their work to green the global economy,  achieve net-zero and to stave off the worst effects of climate 
change and to work out ho w trade c ould help Members to deliver the 1.5% target. The Chair has 
said that in the World Trade R eport  which she had launched at the UK pavilion at Sharm El -Sheikh  
that the climate crisis was a problem of the global commons and one that demand ed a collec tive 
and effective multilateral response,  and that trade was a force for good for climate and part of the 
solution for achieving a low -carbon, resilient and just transition. His delegation agreed . Members  
now need ed to work out how this organisation, could  actually help achieve that goal, not just for the 
WTO but fo r the planet.  
4.35.   The representative of Australia  said that as had been heard from Samoa’s Ambassador, the 
Chair's  visit to the Pacific had made a strong impact on the engagement of their region with the 
global trading system. It had been  an honour to have her present at only the second special WTO 
Meeting of Pacific Island Forum Ministers , in Nadi, Fiji.  It had been  a particular honour to have the 
Chair visit Australia, where she had seen that support for the global trading system was already 
strong, and wher e her visit had raised awareness of and support for the WTO even further – by 
highlighting the role it play ed in underwriting the rules -based order in their region. If one had tuned 
into the WTO by looking at the results that had been  achieved at MC12 in J une, one might have 
concluded that this organisation was on a winning streak on rulemaking . And yet, the six months 
since MC12 ha d not been a period replete with accomplishment. The Membership  could  have a win 
again, if they defined their  goals carefully a nd bui lt habits of cooperation at more regular ministerial 
conferences. Modest advances  were needed  at the next Ministerial Conference, that met the 
headwinds facing the global trading system head on, showing Members could  again prevail with 
global coopera tion on trade.  
4.36.   On agriculture, Members needed  to rebuild carefully – and do things differently. Australia and 
the Cairns Group want ed to focus on one key principle: collaboration. They would  only be able to 
make progress on agriculture in partnership with others. If others wished to join them, they were 
welcome to engage with them, as some groups were already doing. They were  well underway with 
their process of reflection and were considering concrete initiatives next year that c ould help them 
address food security and the impact of subsidies on the climate. The same was true for fisheries 
subsidies. Pacific Ministers, meeting in Nadi, Fiji on 18 November, had issued a global call to ratify 
this significant new treaty, so that Members could  arrest the slide in global fish stocks. They  had 
also issued a call for comprehensive disciplines that address ed overcapacity and overfishing. 
Members  needed to keep an open mind on how they coul d achieve this objective and  avoid painting 
themselves into a corner with a massive call for opt -outs, which would undermine those disciplines. 
But first they needed  negotiating group Chairs to be appointed on both agriculture and fisheries. The 
current si tuation was untenable. As Cameroon had said at the previous  meeting on this issue, 
multilateralism require d consensus, and consensus require d everyone to be reasonable. His 
delegation  backed fully the process undertaken by the Troika and ask ed all Members to get behind 
the results of the process immediately.  
4.37.   On e-commerce, Australia ha d been pleased to contribute concrete ideas for advancing 
discussions on the work programme and the moratorium on customs duties on electronic 
transmissions. On the joint init iative on ecommerce, together with Japan and Singapore, they were  
lifting again the intensity of the negotiations. MC12 had delivered the first formal WTO reform 
mandate in this institution’s history, and Members had to  harness this opportunity. Australia’ s 
highest reform priority was the restoration of a fully functioning dispute settlement system as soon 
as possible. It welcome d the ongoing US -led informal discussion on dispute settlement system 
reform. Australia would be keen to ensure this process le d to convergence soon on the critical issues 
that were preventing the system operat ing as it should – that is, to ensure cases close d, rather than 
hang in the void. More broadly on WTO reform, Members needed to ensure they did not  over-
engineer the process and stifle the prospects of success. A ‘reform by doing’ approach c ould be 
gradual and iterative as even small improvements c ould help build momentum. Members needed to 
avoid cross -linkages between different reform proposals, and  harvest small wins when and where 
they could . In the Chai r's speech the previous  week in Sydney at the prestigious Lowy Institute for 
International Affairs, she had  rightly warned about the costs of retreating from global economic 
cooperation. A small pac kage of modest outcomes at MC13 c ould help signal that Members were  not TN/C/M/43  
 
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  prepared to let the benefits of openness and multilateralism be lost. That’s why they needed  to put 
their noses to the grindstone on a focused and meaningful package of initiatives. An d that  was why 
they had to  make the next six months count much more than the last.  
4.38.   The representative of Costa Rica  said that Costa Rica  remain ed committed to the WTO as a 
multilateral negotiating forum.  For this reason, Costa Rica thank ed the Chair and t he Secretariat 
for organizing the retreats and workshops on fisheries and agriculture subsidies, which ha d provided 
valuable inputs to Members for the next phase of the negotiations. However, it was imperative to 
proceed with the election of the Chairs of both negotiations, and his delegation  urged Members to 
be pragmatic in order to complete this process as soon as possible. That said, his delegation wished  
to draw the attention of th e TNC to the challenges of access to and use of information that  were 
faced in the ongoing negotiations. For Costa Rica, transparency was a fundamental principle of this 
Organization that was maintained thanks to its system of notification, surveillance,  and monitoring 
of the commitments of Members.  This compendium of informat ion was one of the main public goods 
of the WTO and was the cornerstone of regular work and negotiations. A lot of work ha d been done 
in recent years by updating the Integrated Database Decision, implementing the E-Agenda in several 
committees, and moderni zing several information management platforms. However, there was still 
much room for improvement. There were multiple platforms, in some cases with very different 
architectures. In some cases, no investments ha d been made in many years and the quality of 
information was dramatically reduced.  
4.39.   The clearest example, to the collective detriment, was agriculture. It was not possible that, 
after more than twenty years of negotiations in agriculture, there was  still no reliable database on 
notified domestic support.  The absence of such a tool undermine d Members' capacity for action and 
reaction during negotiations, widen ed existing asymmetries in access to human and financial 
resources, and puts smaller and fewer resource -available Members at a distinct disadvantage. This 
was an untenable situation, and an outstanding WTO debt which mus t be paid off as soon as possible. 
Beyond the agricultural case, the WTO urgently need ed to update its framework to facilitate and 
simplify delegations' access to reliable information systems that process ed, integrated,  and 
harmonize d the information provided by Members. Costa Rica support ed efforts to improve access 
to information and urge d other Members to join these efforts, in all areas, but particularly in critical 
areas of negotiation.  
4.40.   Costa Rica was committed to advancing the understanding of the relationship between trade 
and sustaina bility. Costa Rica was leading the Structured Dialogue on Trade and Environmental 
Sustainability with Canada . The results of the work ha d been positive and ha d contributed to the 
understanding of the different topics in the working groups.  On December 2, there would be a high-
level meeting to which the entire membership was invited .     
4.41.   Costa Rica was committed to all the mandates of MC12 and w ould contribute to the work on 
each of the issues. In approaching the reform process, Members needed to  always bea r in mind that 
the WTO ha d proven to be a fundamental instrument for development for all, providing certainty to 
trade actors  and creating predictability under a rules -based system. This wealth that ha d helped 
developing countries so much had to be recogni zed. Th is was why Costa Rica believe d that Members 
had to  take on the task of reforming the WTO by recognizing its main functions and objectives.  The 
WTO offer ed Members the power to trade securely and thus bring prosperity to their people. It had 
to be b orne in mind that trade openness promote d competition and increase d choice for producers 
and consumers, allowing access to goods and services that would otherwise be unattainable or 
expensive .  Open economies gr ew faster than closed ones, and workers' wage s and conditions 
tended to improve in companies that trade d internationally, according to the OECD.  A trading 
system based on clear rules offer ed opportunities to all countries, providing predictability and 
certainty, necessary for the private sector to invest and create jobs.  Trade was also a source of 
resilience for the economy and diversification along global trade chains. The objectives of 
sustainability, food security and development w ould be more easily achieved under conditions of 
prosperity, opportunity, stability and security offered by a multilateral trading system based on clear 
rules.  The reform of the WTO, then, had to contribute and go in the direction of facilitating that this 
organization continue d to promote global trade under stable conditions and clear rules, for the 
benefit of all.  Costa Rica w ould contribute constructively to a reform with this in mind, in an inclusive 
manner,  to achieve together the positive changes that the WTO need ed to offer the benefits of trade 
to all Members.     TN/C/M/43  
 
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  4.42.   The representative of  the Philippines  said that the  political will  which had been  displayed at 
MC12 ha d been followed by constructive engagemen t and recognition at the international level, as 
shown by the appreciation expressed at the recent summits held by the ASEAN, G20 and APEC. The 
Philippines note d as well that the retreats on agriculture, fisheries subsidies, and WTO reform had 
been useful exercises in building confidence among Members and had provided them with a common 
knowledge platform and refreshed for Members the historical foundations and purposes of the GATT -
WTO system. The Philippines underst ood that similar informal and open discus sions could be 
organized for other negotiating areas and would welcome pursuing such arrangements to revitalize 
work and engage in constructive dialogue on topics such as development, services and environment 
and sustainability. As coordinator of the Infor mal Group of Developing Countries (the IGDC), the 
Group had also conducted in the same spirit an informal discussion and brainstorming on the topic 
of S&DT and Development in general . He express ed appreciation to the ambassador panellists  who 
had led the discussions and provided their valuable insights at their meeting the previous day - 
Ambassadors  Kadra Ahmed Hassan (Djibouti), Patricia Benedetti (El Salvador) and Muhammadou 
Kah ( The Gambia). The Philippines wishe d to reiterate that appropriate and effect ive S&DT had to  
be an integral part of Members'  continuing negotiations, while keeping an open mind to new ideas. 
The Philippines remain ed a strong proponent of flexible multilateralism and would encourage 
Members to consider new and complementary negotiat ing modalities and approaches.  
4.43.   The representative of Nigeria  thanked the Chair for her opening remarks ; the GC  Chair for 
the update on the vacant Chairs positions of Agriculture and NGR  and welcomed t he Chair's  
expression of desire to liaise with GC Chair toward finding a lasting solution. He associated his 
delegation with the statements delivered on behalf of the African Group by Cameroon and the ACP 
by Kenya.  Nigeria as with a vast majority of Members , expect ed the WTO to build on the success of 
MC12 and intensify efforts towards fulfilling the mandates contained in the MC12 decisions and 
declarations as well as other existing mandates. Unfortunately, Members  continue d to experience 
setbacks especially in relat ion to the appointment of Chairs of key negotiating bodies that would 
drive the negotiations. His delegation  therefore called  on Members to fully engage, with renewed 
political commitment and flexibility to enable them deliver tangible and measurable outco mes in the 
next Ministerial.  
4.44.   On agriculture, his delegation  continue d to call on Members to approach the negotiations from 
the perspective of development to foster the delivery of outcomes that would address the structural 
causes of food insecurity and unl ock developing countries productive capacity. As a result of the 
imbalance of existing WTO rules, they continue d to witness sustained erosion of the competitiveness 
of their producers due to the growing use of trade distorting domestic subsidies that allow ed for 
concentration of support. This development foster ed concentration in global agricultural markets, 
where only few countries export ed, leading to heavy dependence on limited external sources for 
food supply which increased their vulnerabilities. This situation continue d to aggravate the food and 
livelihood security challenges of most developing countries. Many developing countries ha d shifted 
from being food producer s and exporter s to net food importer s. Members  therefore need ed to work 
towards outcome s that would enable them to secure domestic support reforms that were needed to 
level the playing -field and foster a competitive, and fair global agricultural market. Members also  
needed to work towards providing further policy space for developing countri es to provide support 
needed to enhance the productive capacity of, and economic opportunities for, small -scale farmers.  
4.45.   His delegation was mindful of the concept of sustainable agriculture trade being hyped by 
some Members that approached sustainability from the environment lens. His delegation  wished to 
emphasise  that for Nigeria, sustainability in the context of the WTO’s agricultural refor m should be 
about addressing global food and livelihood security difficulties, as well as fostering the availability 
of food at affordable prices. Agriculture was one of the most important areas for Nigeria  in the 
ongoing negotiations and it insisted that there must be outcome on agriculture at MC13.  
4.46.   Regarding the MC12 Decision on the TRIPS Agreement, his delegation  noted the lack of 
progress that would enable Members fulfil the mandate contained in paragraph 8 of that decision 
within the timeframe envisage d by Ministers. The extension of the decision to cover the production 
and supply of COVID -19 diagnostics and therapeutics would foster the ramping up of production 
globally and ensure timely access to these lifesaving products by developing countries. His 
delegation  therefore call ed on Members to engage constructively and in good faith to enable 
Members deliver on this issue. Members should also consider possible extension of the timeframe 
envisaged by Ministers if they were  unable to meet the December dead line. On WTO Reform, his 
delegation  believe d it was of critical importance that discussions on reform remain ed open, TN/C/M/43  
 
- 19 - 
 
  transparent, and inclusive. In addition to prioritizing delivery of outcomes that would help developing 
countries overcome their developmen t challenges and better use global trade to drive growth, his 
delegation was of the view that Members should as a matter of urgency address the challenges and 
concerns regarding the Appellate Body, and restore a full -fledged, well -functioning two -tier disp ute 
settlement system accessible to all Members.  
4.47.   Regarding fisheries subsidies, Nigeria was undertaking its domestic procedures for the 
ratification of the agreement adopted at MC12. It would  also continue its constructive engagement 
towards the delivery of a comprehensive agreement consistent with SDG 14.6 with effective S&DT. 
On Work Programme on Electronic C ommerce, his delegation  commend ed the G C Chair for his 
leadership in advancing the discussions by appointing Ambassador Usha Dwarka -Canabady 
(Mauritius)  as the Facilitator. His delegation also  welcome d the call by many Members to focus the 
initial work on the developmental aspects of the work programme. It looked forward to the delivery 
of outcomes that were geared towards addressing the difficulties undermining the gains of 
developing countries from global digital trade.  Finally, on trade and development,  his delegation 
thanked  Ambassador  Kadra  Hassan  for her report and urge d Members to consider and give attention 
to the issue of effective operationali zation of S &DT. This component was an essential pillar in the 
WTO without which most Members might  be denied the opportunity to benefit from various WTO 
Agreement. The proposal by the G90 was a welcome development and encouraging.  
4.48.   The representative of The Gambia , speaking on behalf of Djibouti, the coordinator of the LDC 
Group , said that a lmost all of the MC12 outcomes include d built in mandates for further work and 
instructions from Ministers to carry out that work as well as report back at MC13. In the previous  
General Council Meeting he ld in October, the Group had recalled that its priority post -MC12 was its  
proposal on LDC graduation. It had revised its submission now found in WT/GC/W/807/Rev.1 and 
presented it to the October General Council meeting.  In the revision, the Group had take n on board 
some of the suggestions made in consultations leading up to MC12.  The Group  welcome d the good 
support and feedback from Members during those meetings. It had also held several consultations 
since October with a number of delegations. The Group' s interactions appear ed to be yielding 
important progress.  Its revisions ha d been welcomed and other elements ha d been suggested.  The 
Group  hoped that it would  be able to build on those exchanges between Members and achieve 
agreement soon.  To do that, the Group would  need the General Council Chair to stand ready for 
the next steps ahead.  
4.49.   The LDC Group, like other Members, ha d been active in the other areas of the MC12 outcomes.  
In sum, the LDC Group ha d: communicated new contributions on agriculture in  particular toward 
agreement on paragraph 8 of the Declaration on Food Insecurity and the substance of the work 
programme;  registered support for the mandated discussions to expand the TRIPS Waiver to 
therapeutics and diagnostics, contributed its ideas in the recently held dedicated session on the e -
commerce work programme, provided its suggestions in the Council for Trade in Services on the 
mandate the LDC Group gained in paragraph 8 of the MC12 Outcome Document on services waiver 
implementation,  and held extensive consultations with Members reaching out to it on its revised 
submission on WTO Reform found in JOB/GC/223/Rev.1 , which it had  submitted to Members in April 
this year.   
4.50.   The Group  thank ed Members for reaching out to it and discussing th e practical options 
Members  might achieve, together with the Secretariat, to make the operationalization of the existing 
functions of WTO work more adaptable for LDCs and their capitals.   The Group hoped that Members 
would  not delay putting in place some of the requests for improvements the LDC Group ha d put 
forward.  The consultations with various Members ha d already resulted in useful ideas. The LDC 
Group also stresse d that in the other areas of work considered under WTO reform, Members must 
follow the p rinciples that it had  elaborated in its submission  in JOB/GC/223 Rev.1 which it believe d 
were enshrined in the Marrakesh Agreement. The LDC Group had participated actively in the retreats 
on agriculture, fisheries, and reform.   Needless to say, the Group and LDC members were directly 
engaged in internal discussions and consultations with other Members on these issues and continue d 
to contribute in the relevant meetings to achieve convergence.   
4.51.   On agriculture, the Group had  contributed to the consensus on the work programme and 
provided ideas on organization of work. On fisheries subsidies, it was important that Members  
immediately appoint ed a new Chair to lead the NGR. The Group was  ready for the further work 
envisaged in the agreement on the second phase,  and the final agreement must deliver on SDG 14.6 
and include robust provisions for LDC’s in fulfilment  of the mandate for appropriate and effective TN/C/M/43  
 
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  S&DT . The Group thanked  Members who h ad already contributed to the voluntary WTO funding 
mechanism  and enco urage d others to do so. On reform, an important takeaway for the Group was  
that Members respect the multilateral structure of this institution, inclusive and consensus -based 
decision making and equal treatment of proposals of all Members, with a priority g iven to LDC 
contributions. Regarding the CTD SS meeting that was held after MC12, the LDC Group, as part of 
G90, commend ed the constructive work among Members in the lead up to MC12 during the informal 
consultations and the drafting of paragraph 2 of the M C12 Outcome Document.  The Group wished  
to see paragraph 2 implemented and the finaliz ation of  the work in the CTD -SS. In conclusion the 
Group thank ed all the chairs for their reports and work so far.  It hoped that the vacancies of the 
Chairs for the COA-SS and the NGR were decided expeditiously.  The Group also urged that the 
selection of the venue for MC13 be decided accordingly so that Members could  plan their work for 
next year with precision.  
4.52.   The represen tative of Chile, speaking as Coordinator of the Structured Discussions on 
Investment Facilitation for Development , reported that in  accordance with the open, inclusive and 
transparent nature of the initiative, on behalf of Ambassador Sofia Boza (Chile), he was pleased to 
update Members on the latest developments  in this joint initiative which his ambassador  had the 
privilege to co -coordinate with Ambassador Jung Sung P ark of the Republic of Korea. Over 110 
Members, representing two-thirds  of the WTO Members hip currently participate d in this open -ended 
and pro -multilateral process. He wished to focus this report on the considerable progress achieved 
since the last report to Heads of Delegations in October as well as the next priorities in view of the 
last IFD  meeting for th e year which w ould be held in two -week's time. Participants in the initiative 
had reiterated their commitment to work towards a single, as clean as possible text by the end of 
the year. Participants continue d engaging with a sense of purpose  and willingness to compromise in 
order to advance on the remaining issues. Building on the substantial progress achieved on the 
inclusion of their most favoured nation ( MFN) provision, participants had moved forward on key  
definitions including on investor of another Member. Reflecting the latest progress  that had been  
achieved, the ninth revision of the Easter Text had been  circulated to all Members on 18 November. 
This revision include d landing zones on key issues notably  on the definition of authorization which 
was key for the scope of section 3 on home state measures for increasing transparency in favour of 
developing host States, on supplier development programmes aimed at fostering business linkages 
including with local MSMEs, and  a provision on the relationship between the future I nvestment 
Facilitation for Development  (IFD) Agreement and existing WTO Agreements. The objective now  was 
to solve all remaining open issues contained in the annex of the negotiating text.  
4.53.   Turning to the significant progress achieved so far, albeit it was not agreed, the Easter Text 
now include d largely stabilized text for most sections of the future agreement. This include d Section 
2 on Transparency of Investment Measures, Section 3 on Strea mlining and Speeding Up 
Administrative Procedures, Section 4 on Focal Points, Domestic Regulatory Coherence and Cross -
border Cooperation, as well as Section 5 on Special and Differential Treatment. The latter include d 
technical assistance and capacity buil ding provisions based on the Trade Facilitation Agreement 
(TFA). In parallel  to the IFD negotiations, participants ha d assigned high importance and priority to 
investment facilitation needs assessment with the aim of helping to developing  and LDC Members 
implement the future IFD Agreement. Having this pro -development  implementing mechanism w ould 
not only benefit developing and LDC Participating Members, it w ould also signal to the rest of the 
WTO Membership what the agreement ha d to offer in terms of techni cal assistance and capacity 
building to help attract more sustainable investment. Mindful that this initiative was pro-multilateral, 
participating Members w ould intensify their outreach efforts in the coming months so that all 
Members c ould reap the benefi ts of the IFD Agreement. The IFD initiative was at a decisive stage. 
The last IFD Plenary Meeting of the year, scheduled on 16 December, w ould be a stocktaking meeting 
at high level in presence of Ambassadors as well as capital -based experts to increase en gagement 
and generate their political momentum towards marking an important milestone. All WTO Members 
were welcome to participate in this meeting.  
4.54.   Speaking on behalf of Chile , he said that his delegation  believe d that the recent retreats on 
fisheries, agriculture and reform of the Organization ha d been very useful in the search for the 
common understandings that w ould be necessary to advance these issues with a view to the 13th 
Ministerial Conference. On agricultu re, Chile appreciate d the efforts made by the Chair and the 
Secretariat to carry out the October retreat, as well as the contributions of Members. Chile value d 
all the instances of reflection and debate, aimed at finding new ways to renew the way in which 
Members  approach ed the negotiations on agriculture. As evidenced at the time, agricultural 
production ha d changed significantly over the past 25 years, and today Members  faced major TN/C/M/43  
 
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  challenges related to agricultural trade. Along those lines, his delegatio n welcome d the recent 
adoption of the work programme on the mandate set out in the Ministerial Declaration on Emergency 
Response to Food Insecurity. An open and flexible forum for Members ha d been established, allowing 
for input from international organiza tions and technical discussions. His delegation hoped that this 
road map that Members had  drawn up w ould lead to positive developments in the forthcoming 
discussions, and Chile was  available to do so. In fisheries, Chile agreed with the importance of 
advan cing in the internal procedures for the prompt entry into force of the agreement adopted at 
MC12. Chile was working in this direction. With regard to the pending issues , his delegation 
reiterate d the importance it attache d to them and its readiness to resu me those negotiations as soon 
as possible. In order to continue making progress on these two matters, agreement on the chairs of 
these groups was urgent. While his delegation  believe s that Members  all have the right to express 
their preferences in the inte rests of legitimate interests, if there were nominations that ha d the 
support of the majority of delegations, his delegation  consider ed that they should be approved.  
4.55.   With regard to WTO Reform, his delegation  appreciate s the retreat -type meeting organized 
by the General Council Chair in November. It ha d been instrumental in having a clearer vision of 
how Members could  move forward.  His delegation would address this issue in greater depth at the 
next General Council.  However, it welcome d the proposal mentioned by the GC Chair to continue 
this work in the short term through a specific discussion on the development dimension. In the same 
vein, his delegati on appreciate d the report on the recent meeting  of the CTD SS, by Ambassador 
Kadra Ahmed Hassan. This aspect w ould continue to be of importance in the Organization, and 
Memb ers must ensure its continued consideration by seeking a broad approach that was relevant to 
all developing countries, including Chile. On e-commerce and with a view to fulfilling the mandate 
of MC12 to reinvigorate the work programme, Chile was part of the 17 members that had presented 
a document (WT/GC/W/855) on 14 November containing ideas for fulfilling this mandate, with  a 
particular focus on the development dimension, as well as on the intensification of discussions on 
issues such as the e -commerce moratorium. His delegation  invite d Members to participate in the 
discussion of the to pics proposed therein, as well as to propose topics that were of interest to them, 
in a constructive and pragmatic way. Finally, he reaffirm ed Chile's commitment to participate 
decisively and constructively not only in multilateral processes, but also in t hose of a plurilateral 
nature, both in the form of negotiation and dialogues, which it believe d provide d a relevant space 
for discussion on issues of high relevance, such as the sustainability and inclusiveness of trade.  
4.56.   The representative of Indonesia  expressed  appreciation  to the Chair for her tireless effort and 
commitment in advancing the negotiations to maintain the relevance of the WTO in the face of 
current challenges. Several retreats and informal HODs conducted by the Chair were among the 
tools that had been used to untangle  the threats and brainstorm  on new ideas in the negotiations. 
To move the negotiations forward, Members needed to elect the Chairs of the negotiating groups – 
CoA SS, NGR and CTE SS. Indonesia encourage d Members to discuss in goo d faith in order to arrive 
at a consensus on the appointment and restraint themselves to further help the advancement of the 
negotiations. On agriculture, Indonesia continue d to reiterate the need to deliver on the critical 
mandated issues at the Ministeri al Conference. It reiterate d the need to reframe the agriculture 
trade rules so that Members could  rectify the imbalances and move towards a more equitable trading 
system. This w ould allow economic development and fair competition among Members regardless of 
their development status. The current global financial volatility and ongoing conflict crisis add ed 
further pressure to developing countries and LDCs to provide food to their people. Therefore, 
resolving the homework on PSH and SSM as well  as achieving a balanced and fair outcome in 
domestic support should continue to be in the agenda unde r CoA SS. While his delegation was  open 
to new ideas and suggestions, Members  should not divert their attention to the new approach which 
would dilute the  existing mechanism in the WTO and disregard the mandated issues. On fisheries 
subsidies, in parallel with the process of acceptance started by Members, Members needed  to 
continue their negotiation s to conclude the comprehensive agreement particularly in t he overfishing 
and overcapacity pillar with S&DT as an integral part of the negotiations. This was important if they 
were to achieve SDG 14.6 that all Members had envisaged. His delegation also appreciate d the 
information and knowledge session which had be en conducted the previous  week that w ould be 
beneficial for Indonesia  in the upcoming negotiations.  
4.57.   In relation to the TRIPS Waiver, the pandemic was far from over. At the same time, Members 
only ha d less than 20 days to extend the decision on therapeutic s and diagnostics as contained in 
Paragraph 8 of the MC12 TRIPS Decision. Vaccine alone was half of the solution. An illness  could not 
be cured  if one drank half of the medicine prescribed by the doctor. Time was fast approaching as 
Members were  reaching t he deadline. Members had to achieve their mandate within the timeframe TN/C/M/43  
 
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  and refrain from debating the same issues in the midst of a public health emergency. On dispute 
settlement, without discounting all the issues under the umbrella of reform, Indonesia co ntinue d to 
prioritize the resolution the current impasse of the Appellate Body in order to maintain the security 
and predictability of the multilateral trading system. On development, Indonesia underline d the 
importance of resolving the issues on the work programme on e -commerce. Discussion to reach 
clarity and consensus on the scope, definition and impact of customs duties specially  to developing 
and LDC Members were needed prior to agreeing on any course of action on the moratorium. 
Members also had to ensure that digital trade policy was inclusive and able to accommodate the 
needs of the wider community. To contribute on this matter, Indonesia wished to  submit a paper on 
customs duties on electronic commerce which highlights Indonesia's perspective and th e mechanism 
that Indonesia was currently developing. The paper w ould be circulated soon under relevant 
Committees and at the General Council . 
4.58.   Current challenges were becoming more complex and require d global cooperation instead of 
unilateral measures. As part of this effort, preserving the multilateral trading system under the WTO 
and continuing the mechanism under the Trade Negotiations Committee as mandated by Doha 
continue d to be relevant and import ant. This spirit was also in line with the commitment of G20 
members as enshrined in the G20 Bali Leaders Declaration adopted two weeks before  where rules -
based, non -discriminatory, free, fair, open, inclusive, equitable, sustainable,  and transparent 
multilateral trading system with the WTO at its core was indispensable to advancing Members  shared 
objective. Indonesia  share d the collective responsibility in order to ensure global economic recovery 
and tackle global challenges. With this in mind, Members had  to complete their unfinished business 
and expeditiously work to advance their homework as they picked up the pace and w ays of work in 
light of newly emerging issues. Indonesia was committed to engage constructively in the 
negotiations at the WTO.   
4.59.   The rep resentative of the European Union  welcome d the opportunity to take stock and share 
the EU's  priorities as Members  started preparing for MC13. He started by  highlighting areas in post -
MC12 work since the summer. Delivering a more effective WTO was its  main and overarching 
priority. Members had to build on the good outcomes of MC12 and make sure that the process of 
WTO reform that they were  engaged in produce d results. The recent retreats on reform, agriculture 
and fisheries subsidies ha d provided useful mate rial and had been  marked by a constructive 
atmosphere and broad engagement of Members. This gave Members  a good basis. But the European 
Union  called on Members to now engage constructively to advance on the process and have a 
structure in place to inform M embers’ considerations on WTO reform. MC13 was not far away. In 
that context, the European Union  urge Members to take a decision on the MC13 venue so Members 
could  move forward and focus minds on the real issues. It also call ed on Members to unblock the 
process of selection of chairmanships so that work c ould resume in these two Groups. The European 
Union was  of the view that the Troika ha d worked diligently and in full transparency and 
inclusiveness, and that its proposal reflect ed a balance and the views of the membership. It regret ted 
that a very small group of members ha d not been able to join consensus around this proposal.  
4.60.   On the fishe ries subsidies agreement, the European Union ha d launched its internal process 
for the acceptance of the protocol and the agreement. It planned to deposit its instrument in 2023 
well ahead of MC13. It encourage d all Members to complete promptly their domes tic ratification 
procedures so the agreement c ould enter into force as soon as possible. The European Union further 
welcome d the positive steps in the implementation of the work programme under paragraph 8 of 
the MC12 Declaration on Food Insecurity. In its view, this c ould be a trust building exercise based 
on collaborative work of all Members, and one where the WTO c ould again show the critical role it 
plays at the heart of the world trading system. Looking ahead to MC13, Members  needed to start 
substantiv e deliberation on the e -commerce Work Programme with a particular focus on the 
development dimension. Termination of the moratorium would seriously undermine the WTO’s 
relevance for the digital economy. The European Union  hoped that Members could  work both  on a 
reinforced multilateral Work Programme and on the extension of the moratorium.  
4.61.   Turning to WTO reform, activating an improved and fully functioning dispute settlement by 
2024 through meaningful multilaterally agreed reforms remain ed the European Unio n’s top priority. 
The European Union  saw the WTO dispute settlement system as vital for the credibility of a rules -
based trading order. This was also the position of the vast majority of WTO Members. While the 
European Union was attached to a binding, two -tier and independent adjudication – which were the 
system’s core characteristics – it saw  ample scope for improvement. The European Union  wanted to 
see reform that made  dispute settlement more streamlined, more effective, and geared towards the TN/C/M/43  
 
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  prompt reso lution of disputes. And the dispute settlement system should benefit all Members. Time 
was pressing, and 2024 was fast approaching. With this in mind, the European Union was keen to 
see reform discussions accelerating and  moving towards a new phase focused  on identifying 
solutions for a limited set of issues that require improvement. The Membership c ould not afford to 
miss the 2024 deadline to have a fully functioning dispute settlement system, which mean t finding 
a solution no later than MC13, which Europe an Union  expect ed to take place no later than March 
2024.  
4.62.   The European Union  also s aw scope for an enhanced monitoring and deliberating function. It 
had been encouraged by the interest expressed by many Members in this topic at the retreat. Besides 
the wor k on improving the practical functioning of WTO bodies, it saw  the need for more meaningful 
policy deliberation on major pressing trade policy challenges. To name a few areas: the nexus 
between trade and climate, addressing distortive state interventions a nd finding new ways to support 
developing countries facing difficulties in integrating into the global trading system and global value 
chains. More generally, the European Union saw  development as a fundamental issue that should 
be mainstreamed in the diff erent and relevant bodies. At MC12, Members had acknowledged the 
particular challenges that LDC graduation present ed. The European Union st ood ready to address 
LDC concerns notably in relation to their smooth transition as a priority for MC13. On the negotiating 
function, the European Union had  noted good progress in the negotiations on the open plurilateral 
Joint Statement Initiative (JSI) on i nvestment facilitation for development. Conclusion by MC13 was 
a priority. It was also crucial to achieve substantial progress on the JSI on e -commerce by MC13 
given the economic weight of e -commerce in today’s economies, including its contribution to 
integrating developing country members into global trade. Finally, Members needed to complete the 
procedures to give legal effect to the outcomes on domestic regulation in services.  
4.63.   On agriculture, the European Union support ed the need for a new approach. Mem bers should 
integrate the issues of food security, environment, climate, poverty and sustainable production into 
the negotiations. The European Union suggest ed working on improving transparency in agriculture 
across all pillars, notably in areas linked to food security such as export restrictions and international 
food aid. Reforming trade -distorting policies also remain ed an urgency in terms of disciplines and 
transparency. The European Union saw  this discussion as part of the necessary integration of food  
security and sustainability aspects. Finally, on TRIPS, the European Union thanked Members for their 
input in the current discussions on whether to extend the TRIPS Decision to the production and 
supply of COVID -19 diagnostics and therapeutics. This input  was instrumental in its ongoing internal 
consultations. It was  analysing the aspects related to the supply, demand, production and 
distribution of COVID -19 diagnostics and therapeutics, including via licensing mechanisms and 
procurement by organisations s uch as the Global Fund and UNICEF. The situation was complex, and 
the definition of the products was not as straightforward as for COVID -19 vaccines. The European 
Union w ould continue to engage constructively in this debate.  
4.64.   The representative of Japan , speaking on behalf of the co -conveners of the Joint Statement 
Initiative on Electronic Commerce , said that  after the previous report in the General Council, co -
convenors had held plenary meetings and small group meetings in hybrid format  from 25 to 28 
Octobe r and another cluster  meeting was ongoing th e present  week (28 Nov ember  to 1 Dec ember ). 
Co-convenors ha d seen very good convergence for around ten provisions. Notably, after recent 
discussion on electronic transaction framework and cybersecurity, the facil itator and co -conveners 
had considered exhausted the technical discussions on these provisions in small group setting and  
would continue consultation with relevant Members. Also, thanks to the flexibility shown by 
proponents of certain proposals, a number of proposals ha d been withdrawn and revised. Based on 
this progress, the co -convenors ha d requested facilitators and proponents  to submit the latest 
version of texts, with the aim of issuing a new consolidated text in December. In the next year, the 
JSI would  keep the modality and intensity of th e negotiations and  would address remaining issues 
including horizontal ones. 
4.65.   Speaking on behalf of Japan , he said that  almost six months ha d passed since MC12. It was 
time, while Members  continue d to work on the agenda provided at MC12, to strategize their work, 
looking toward MC13. Regarding the f isheries negotiation, the Agreement of MC12  had been  one of 
the most notable achievements. While all Members continue d their work toward the swift entry into 
force of the Agreement, they should embark on the second -round negotiation for a comprehensive 
discipline. Japan  believe d that first, it was important to select the new Chair; second, avoid a re -
opening of the negotiation; third, focusing on OFOC ; and forth, tak e into consideration S&DT. Those 
were the key elements in the upcoming negotiation. Japan would contribute to the newly established TN/C/M/43  
 
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  Trust Fund, pending parliament 's final approval. On agriculture, the issue of selecting a new Chair 
was one that Members were also encountering. The vacancy of the COASS Chair had impede d the 
resumption of the negotiation. Japan  recognize d that the  world was facing daunting challenges, such 
as food security, and the negotiation s had to address these challenges by supporting, and not 
impeding, efforts by Members to overcome them. Japan  consider ed that the efforts which had been 
made by troika were l egitimate and hoped that Members would  convergence based on the result 
presented by  the troika consultation.  
4.66.   Digital and green were among the agenda that the WTO need ed to address in order to remain 
relevant and trusted by the private sector and other stakeholders. On e-commerce, Japan believe d 
that the moratorium on customs duties on electronic transmissions ha d provided certainty and 
predictability in digital trade, while the Work Program on E -commerce serve d as solid foundation for 
it. Japan  welcome d the appointme nt of Ambassador Usha Dwarka -Canabady (Mauritius)  as the 
facilitator of the dedicated session process on the Work Program under the General Council. Japan 
would  actively engage in and contribute to the discussion on the development aspects as well as on 
the moratorium in this process, looking at extending the current multilateral practice of the 
moratorium at MC13, with a view to making it permanent eventually. On environment, bearing in 
mind para graph  14 of the MC12 outcome document, Japan recognize d the necessity for the WTO to 
deal with trade -related aspects of environmental issues. Japan also  noted a growing momentum of 
such discussions at the WTO Trade and Environment Week that  had taken place during the week of 
17 October, as well as in  the plurilatera l initiatives such as the Trade and Environmental 
Sustainability Structured Discussions ( TESSD ) and the Informal Dialogue on Plastics Pollution and 
Environmentally Sustainable Plastics Trade (IDP). Japan  consider ed it beneficial to deepen the 
exploratory d iscussions based on Members’ interests in various configurations, including at the 
Committee on Trade and Environment (CTE), without prejudice to the outcomes.  
4.67.   WTO reform was key to enable this organization to remain relevant and to function effectively. 
Japan thanked the  GC Chair for  his initiative in organizing a retreat on 10 November. It had served 
as a good opportunity for Members to advance mutual understanding. In order  to best utilize the 
meeting for future discussions, Japan  believe d it would be meaningful  if the reports by facilitators 
from the  breakout sessions as well as the reflections by the D irector -General were circulated to 
Members in written format. It was encouraging to see that specific agenda or initiatives were starting 
to gain momentum at the subsidiary body level. Japan was  committed to continue improving the 
work and efficiency of the committees, as well as the internal and external transparency of th e 
organization, with a collaboration with external stakeholders, particularly the private sector and 
other international organizations. In this context, Japan  welcome d initiatives by the Director -General  
for closer collaboration with the other international o rganizations. Like many other Members, Japan 
attache d the highest priority to dispute settlement  reform. Japan was actively participating in the 
informal DS reform discussions under way. With a view to having a fully and well -functioning dispute 
settlement  system accessible to all Members by 2024 Japan consider ed it important  that this informal 
discussion be developed into a formal process at the earliest possible timing next year.  
4.68.   On the development aspects, Japan attache d importance to assisting developin g country 
Members and LDC Members benefit from expanding their participation in global trade, through the 
multilateral trading system . Japan would  continue to engage in the relevant work to explore a 
practical agenda and improve the function of the WTO in order to address the specific needs of those 
Members, particularly LDC Members. Lastly on intellectual property, the Ministerial Decision on the 
TRIPS Agreement at MC12 call ed on Members to decide by December on an extension to cover the 
production and sup ply of COVID -19 diagnostics and therapeutics. Japan had been constructively 
contributing to the discussion based on facts and evidence and  continue d to do so in collaboration 
with other Members.  
4.69.   The representative  of Antigua and Barbuda , speaking on behalf of the OECS , said that the 
OECS was keen to see added momentum injected into  Members'  work on the range of negotiating 
issues post -MC12. The Group welcome d the workshops, dedicated discussions,  and retreats with 
respect to Fisheries Subsidies, Agric ulture, WTO Reform and E -Commerce. In this regard, the Group  
commend ed the Chair of the General Council, the Director -General, the WTO Secretariat and 
Members themselves for their efforts. On fisheries subsidies, the Group l ooked forward to the 
convening o f negotiations on the outstanding elements of the negotiations. To do this, the Group 
recognized  that the issue of Chairperson for this important work had to  be settled. It believe d that 
in the interest of moving this file along, an element of restraint an d pragmatism was required. The 
Group  trusted that an amicable solution c ould be found very soon. The OECS attache d great TN/C/M/43  
 
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  importance to concluding meaningful disciplines on Overcapacity and Overfishing, including 
appropriate and effective S &DT provisions fo r developing  countries  and LDCs. The Group maintain ed 
that a de minimis threshold which grant ed sufficient policy space to those Members to further 
develop their fisheries sector in a sustainable manner, was also an essential element of S &DT. It 
also welco med the launch of a voluntary WTO funding mechanism which w ould likely play a major 
role in the ability of developing countries and LDCs to build capacity to implement the agreement. 
The Group  welcome d the financial contributions of Members and other donors to this fund. Consistent 
with the fundamental principles espoused by OECS Heads of Government in international fora, the 
Group caution ed against the use of per capita income criteria to determine eli gibility to access the 
fund, as the use of such criteria place d the majority of its members at a serious disadvantage.  
4.70.   Concerning agriculture, moving this file along was also hamstrung by the absence of a Chair. 
Again, Members need ed to demonstrate some re straint for the good of the greater whole. The Group  
anticipate d that this matter w ould come to an amicable resolution in as short a time as possible. The 
threat of food insecurity continue d to hang over Members'  heads owing to geopolitical forces, 
inflati on, choked supply chains and the impacts of climate change. As NFIDCs, OECS Member States 
were exposed to yet another threat of severe proportions. It was for this reason that they continue d 
to impress on WTO Members to exercise special care and due restra int with respect to how they 
utilize d export restrictions on agricultural goods. Given the fragility o f their agriculture sector, they 
had an interest in maintaining the status quo with respect to Article 6.2 – domestic support, and 
where possible, they mi ght even need to explore what additional flexibilities c ould be granted to 
countries like theirs  to safeguard their food security and boost domestic production. It was in this 
context that the Group  remind ed Members of the Nairobi Ministerial Decision of 2 015 in which it had 
been agreed to address in every area of WTO work, and in a substantive and meaningful manner, 
the needs of SVEs, and to favourably consider the adoption of such measures as would facilitate 
their fuller integration into the multilateral  trading system, and to take into account the needs of 
SVEs in all areas of negotiations, without creating a sub -category of WTO Members.  
4.71.   In turning to WTO Reform, the Group wished  to emphasize the exceedingly high priority that 
the OECS assign ed to this w ork. There was  a mandate in paragraphs 3 and 4 of the MC12 Outcome 
Document to advance progress on reform, both with respect to the regular work of the WTO, and 
the dispute settlement system, including the Appellate Body. It was important that the work 
remained Member -driven, open, transparent,  and inclusive. This was of necessity, both because 
these were foundational principles of the WTO, and because of the small size of many delegations 
which ought not to be left out of these conversations. The OECS ha d been engaging actively and 
constructively in the informal conversations on dispute settlement matters. This notwithstanding, it 
looked forward to this work making its way into the multilateral fold, bearing in mind the principles 
which it had  outlined previously. Regarding E -Commerce, coming out of the dedicated session two 
weeks ago, led by Ambassador Canabady of Mauritius, the OECS saw a clearer path forward for the 
work. The Group would not  reiterate the points it had made at that session. However, it simply  
recommit ted to engaging substantively and constructively in the discussions on the e -commerce 
work programme and the moratorium going forward.  
4.72.   The representative of Paraguay  thanked the  Director General for organizing the retreat on 
October 24, which had sought to create a space for reflection. However, it Paraguay could not  fail 
to mention that it regret ted the absence of a regional balance in the visions presented. Latin America 
represent ed close to 20% of the net export value of agricu ltural and fishery products, it had  40% of 
the ecosystems, including more than 50% of the world's primary forests, and was the region that 
contribute d the least to climate change  – yet – the vision of the region was absent from the 
presentations of the ret reat. In the same context, Paraguay had  neither s een nor heard the visions 
of another relevant actor in agricultural production such as the Asian region, the two largest food -
producing regions in the world. While it was  open to discussing new approaches an d ideas, any 
discussion had to be  Member -driven, and it was up to Members  to make decisions on how to address 
these relevant issues in the negotiations, and ultimately whether they decide d to do so.  
4.73.   On the other hand, Paraguay wished  to express concern with the activism that it had  seen 
from the WTO Secretariat in recent months, in various aspects, from the modification of the 
emphasis of some debates in the news, to the reclassification of member measures in the 
organization's database. Members had to  study how it was  achieve d that the measures that ha d 
environmental and food safety purposes c ould be developed from a perspective of strengthening the 
rules to achieve the objective of progressive reduction of trade protections and distortions. Members 
had to  discuss, in the WTO, how Members' responses to these challenges  were prevented  from TN/C/M/43  
 
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  creating new barriers to trade and fuelling more protectionism; and that, in any case, they c ould be 
given in a way that promote d the objective of this Organization. What her delegation saw today was  
the opposite, evidenced by the high number of trade concerns, in all forums, which were multiplied 
by the green protectionism of some blocs and developed countries. The response to thes e challenges 
was not, and c ould not be, unrelated to the historical challenges of the agricultural sector and its 
reform agenda. The imperative to advance in agricultural reform was not a matter of the past, but 
of the present, as there was still a long wa y to go to achieve a fairer, more transparent, predictable, 
equitable and market -oriented agricultural trade system that contribute d to the sustainable 
development. This was the objective and approach that should guide any discussion in the WTO. Her 
delega tion urged Members to urgently advance in the selection of the CoA SS , in order to continue 
such an important task that c ould not continue to be relegated.  
4.74.   On WTO Reform, regarding the informal meeting on WTO Reform, her delegation  believe d 
that it had bee n an interesting space where Members ha d been able to express their opinions on 
what they underst ood on this topic. The day -to-day work in should be improved with an orderly 
scheduling of meetings to avoid overlapping and allow for better and more effectiv e participation of 
the delegations, especially small ones, from developing countries. Members needed to  work on 
greater transparency, both in the negotiations and notifications. These were changes that c ould be 
implemented without further delay. Members ne eded to  comply with the mandate and have a dispute 
settlement body functioning in 2024  and she reiterate d Paraguay's willingness to achieve that 
objective. Finally, Paraguay reiterate d its position that, in order to lay the foundations for inclusive 
socio-economic development, it was essential that the WTO  should consider providing  special and 
differential treatment to landlocked developing countries  (LLDCs) . 
4.75.   The representative of South Africa  aligned her delegation with the statements by the African 
Group  and ACP. South Africa  believe d that  the TNC remain ed an important forum to monitor progress 
of the negotiations as per its mandate captured in the Doha Declaration and was core to the 
development agenda. The MC12 deadline for extension of the WTO Ministerial Decision to cover 
therapeutics and diagnostics was fast approaching. Regrettably, circular discussions ha d resurfaced 
even though co -sponsors ha d provided ample evidence in the current and previous discussions in 
relation to IP barriers and despite a clear Ministerial mandate in paragraph 8. The WTO resp onse 
remain ed unfinished as long as Members did  not address all the essential medical tools. While 
vaccination remain ed important , the evolution of the pandemic necessitate d greater attention to 
testing and treatment. For this reason, the A frican Union Summit had met the previous  week and 
re-affirmed its support to the WTO TRIPS Waiver and called on all WTO Members to support the 
extension of the MC12 Decision to cover therapeutics and diagnostics no later than 17 December 
2022 as critical components to bui lding Afric a's health security and address ing its vulnerabilities.  
4.76.   Her delegation  reiterate d its disappointment that MC12 could not deliver a substantive 
outcome on agricultural reform. Nevertheless, the mandates as entailed in Article 20 and in previous 
Ministerial decisions remain ed. While South Africa  welcome d the Ministerial Declaration on Food 
Insecurity, the real work had to begin to address challenges to food security, disruptions to supply 
chains, and inflation in food and other agricultural product s in a more tangible manner. Addressing 
the historical imbalances and inequities in the AoA from the Uruguay Round, towards fairer global 
agricultural trade rules that promote d food security was critical. MC13 had to  deliver a food security 
and livelihoods  package and preserve the policy space to support poor farmers and rural 
development. Such a package should also include a), disciplines on trade distorting domestic 
support ; a permanent and balanced approach to PSH, SSM and cotton.  On fisheries, in the ab sence 
of an OFOC  pillar that incorporate d meaningful S &DT, the mandate contained in SDG 14.6 remain ed 
unfulfilled. Members  needed to conclude negotiations on an appropriate level  of de minimis so as to 
give sufficient policy space to small fishing nations and S&D T for developing countries above de 
minimis. The interests and needs of artisanal and subsistence fisheries had to be  safeguarded. The 
disciplines must target large scale industrial and distant water fishing and observe the C ommon But 
Differentiated  Responsibility  principle. Her delegation hoped  that Members  could appoint the Chairs 
for CoA -SS and the NGR as soon as possible as the work of the two Committees was crucial  to 
advance the developmental agenda.  MC12 had reaffirmed S&DT as an integral part of the WTO and 
its agreements and reaffirmed the Doha mandate as entailed in paragraph 44 . Her delegation called 
on the Membership to engage in solution -oriented discussions to deliver tangible outcomes by MC13. 
Her delegation  support ed the work of the Chair and the CTD -SS to deliver on the G90 A greement 
Specific Propos als (ASPs)  and the G90 continue d to make submissions to reinvigorate the work. The 
G90 ASPs were key to sustainable development, economic recovery and building resilience.   TN/C/M/43  
 
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  4.77.   South Africa's  perspective on WTO reform was comprehensively captured in 
WT/GC/W/77 8/Rev.5 and remain ed its point of departure. For South Africa , WTO Reform should 
among others - rebalance trade rules to provide policy space for industrialisation and structural 
transformation. It believe d that there were WTO rules that promote d asymmetri es - the AoA was a 
case in point - and constrain ed meaningful participation of developing countries; and some rules ha d 
taken away the very tools that industrialised countries  had used to industrialise thus amounting to 
kicking away the ladder - the TRIMS was an example of this. Reform had to  also promote inclusive 
and developmental multilateralism that preserve d the principles and objectives of the Marrakesh 
Agreement, including S&D T and consensus decision making, and deliver on the long outstanding 
issues  and mandates on issues of interest to developing Members, including technology transfer.  
With respect to dispute settlement, the current dysfunction of the A ppellate Body  remain ed a 
concern. MC12 ha d set a clear mandate and a deadline for resolution. There was no point in 
discussing or negotiating further rules in the WTO if the enforcement arm was dysfunctional. This 
was the immediate crisis that had to  be resolved.  On process, subsidiary body level discussions 
should be targeted at improving  efficiencies in the functioning of the bodies, substantive issues that 
affected  Members  obligations should be discussed mainly in the G eneral Council  to ensure effective 
participation of  all Members due to overla ps in committee meetings that hamper ed effective 
participation  of developing countries.  On the Work Programme on E -commerce , her delegation 
welcome d the dedicated discussion on the W ork Programme on Electronic Commerce  and the 
appointment  of the facilitato r. The reinvigoration of the WPEC, especially  its development dimension 
was critical to an inclusive digital economy. South Africa's  views on the core issues had been  shared 
in the meeting.  
4.78.   The representative of New Zealand  noted  that the meeting provided an important opportunity 
to take stock of where Members were and what they had to do over both the short and longer term. 
New Zealand said that Russia's illegal and unprovoked war of aggression against Ukraine had 
implications for global peace, security, a nd economic stability – undermining the work of the WTO 
and the multilateral cooperation underpinning it. As G20 members had recently stated, it was 
causing immense human suffering and exacerbating existing fragilities in the global economy – 
constraining growth, increasing inflation, disrupting supply chains, heightening energy and food 
insecurity, and elevating financial instability risks. In this context, New Zealand was even more 
committed to a WTO that generated inclusive and sustainable development fo r all of its Members. 
New Zealand knew this objective was shared by many. The WTO should contribute to greener trade 
in pursuit of the climate objectives, and as Members they should ensure the benefits of trade were 
enjoyed by all of their populations.  
4.79.   New Zealand likewise had shorter term priorities – those to be worked on over the next 
months before MC13. While recognizing that not everything would be possible, New Zealand 
remained pragmatic and willing to work on slices of each issue to ensure Members t ook a meaningful 
step towards their long -term goal. On fisheries subsidies, New Zealand was pleased to hear of 
progress being made on domestic ratification processes to enable entry into force of the MC12 
agreement. It reiterated the call made by Pacific M inisters less than two weeks ago, during the 
Director -General's visit to the region, for all WTO Members to ratify and implement the agreement 
as soon as possible. New Zealand was pursuing its own ratification at pace. Ministers from its region 
had also ma de a clear commitment to the second wave of negotiations, seeking an ambitious final 
pillar that gave the fullest effect to SDG 14.6. Members could count on New Zealand's continued 
active support for this negotiation, building on the achievement secured at  MC12 and further 
demonstrating the WTO's contribution to their shared environmental and sustainability challenges.  
4.80.   Reform of agricultural trade rules remained a top priority for New Zealand. The WTO retreat 
on agriculture had underlined that food security , climate change and development were core drivers 
for reform and that trade in agricultural goods remained a critical element in addressing these 
challenges. Indeed, this had been another point forcefully made by Pacific Ministers when they had 
met in Fij i – that NFIDC Members in the region relied on trade in agricultural products to ensure 
their food security. The negotiations were crucial to ensure food security and to address trade 
restrictions that reduced access to imported food. New Zealand remained committed to negotiations 
and working with all Members to fulfil their mandate on agricultural reform.  
4.81.   As WTO Reform was already happening, New Zealand supported the momentum behind 
reform by doing, through undertakings to work more effectively together, J SIs, or Ministers meeting 
more regularly. But Members could not do everything on the to -do list in one go. New Zealand 
welcomed the tabling of a revised proposal on LDC graduation and stood ready to engage on the TN/C/M/43  
 
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  more specific details in the proposal in du e course. This was a good example of a practical and 
feasible decision that Members could make in the short term. Restoration of a fully functioning and 
effective dispute settlement system by March 2024 as agreed at MC12 should be a key priority for 
all Me mbers next year. New Zealand thanked the Director -General for travelling to the region – to 
the Pacific, to Australia and to New Zealand – and hoped that she had found it as fruitful as they 
did. New Zealand looked forward to continuing the discussions on agriculture, environment and 
climate change, and trade and indigenous people here in Geneva.  
4.82.   The representative of Türkiye  said that it had been almost half a year since MC12. While being 
very proud of its successful completion, they all knew that intensiv e work was going to start after 
that early morning of 17 June. As delegations left the room that morning, apart from having an 
urgent need to sleep, they knew that they had a lot to do in addition to their existing mandates. So, 
it was important to initiat e work to implement their commitments in Ministerial outcomes and kick -
start negotiations on new mandates given by Ministers. The world's population had reached 8 billion 
two weeks ago, and it was projected to hit almost 10 billion in 2050. So, how do they  feed an ever -
growing population? Members should bear this in mind when talking about agriculture at the WTO. 
Healthy, sustainable and inclusive food systems and agricultural trade were critical to achieve SDGs, 
to end poverty and hunger, boost shared pros perity and reduce inequalities. Around 25% of world 
population derived their livelihood from agriculture. Despite the growing challenge at hand, the WTO 
could not have a meaningful response up until now. Due to the difficulties posed by the pandemic 
and ge opolitical developments, agriculture negotiations had become more important than ever to 
build a sustainable and resilient agriculture sector. The imbalances in the Agreement on Agriculture 
needed to be addressed immediately. Members should level the playi ng field in agriculture. To 
address the global food insecurity, Türkiye had worked hard together with the UN for the extension 
of the Black Sea Grain Initiative and was happy with the result. So far, nearly 12 million metric 
tonnes of grain and foodstuffs had been exported aboard almost 500 outbound voyages.  
4.83.   On fisheries subsidies, the informative part of the second wave of fisheries negotiations had 
already started. Türkiye thanked the Secretariat for the first workshop organized last week. The 
main take a way from that workshop had been that it would be a challenge for developing and LDC 
Members to set up and adjust the necessary technical and legal infrastructure for the implementation 
of the disciplines. The fish fund and the ongoing regional workshops wo uld contribute to the 
readiness of those Members. This in turn would have positive repercussions on the pace and success 
of the upcoming negotiations. Fisheries work programme should accommodate Members' different 
interests. In that respect, in outlining t he scope of work, the interlinked issues of prohibitions and 
S&DT for LDCs and developing Members should take priority. In terms of implementation, Türkiye 
had begun the necessary internal ratification process right after MC12.  
4.84.   Türkiye's main take away fro m discussions during the informal meeting on WTO Reform had 
been that Members should first address the erosion of confidence in the multilateral trading system 
and among Members. Solving the paralysis of the Appellate Body needed immediate attention. This 
was not only important to preserve rights and obligations and ensure that rules were enforceable 
but also to reinject confidence in the system so that the reforms could be built upon. During that 
informal meeting, there also had been broad convergence to e xplore areas of improvement on the 
day-to-day functioning of the WTO. The subsidiary bodies had already concluded their reports. Now, 
after this stock taking exercise, Members had to figure out ways to take this work forward based on 
what had been achieved  so far. For the remaining issues having a political character, Türkiye was 
flexible on the approach that would lead to convergence as long as inclusivity, transparency and 
developmental aspects were respected during the negotiations.  
4.85.   The MC12 Decision on  the Work Programme on E -Commerce, especially the deadlines set out 
therein, required Members to act urgently. The most important aspect of discussions in this area 
was the moratorium's scope and definition. Through Members' discussions, there should be a clearer 
view of what this meant and on how they interpreted the moratorium. On MC13 date and venue, 
Members should approach this matter with a constructive and collaborative spirit and take a decision 
as early as possible. Work could be further advanced in  2023 if Members could continue their 
discussions with more concrete ideas and proposals and it would be best if they could begin the 
necessary work in areas where starting the negotiations had not been possible up until now.  
4.86.   The representative of Chinese Taipei  had heard the words of earnest expectation in the 
Director -General's opening remarks and believed that Members would bear these in mind when 
handling WTO matters in the months to come. The retreats  and informal discussions on agriculture, TN/C/M/43  
 
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  fisheries subsidies and WTO Reform had provided Members with an informal setting allowing 
participants to be straightforward in identifying problems, to be candid in presenting their views and 
to be creative in searching for solutions in a cooperative manner. Chinese Taipei expected that this 
could be an approach constantly resorted to for the purpose of resolving the most difficult issues 
ahead. In the past months, Chinese Taipei had seen a good example of implementing a negotiation 
outcome . Services Domestic Regulation JSI Participants had periodically reported their progress of 
their domestic procedures. Many had completed their domestic approval procedures and were ready 
to implement the negotiated outcome at MC12, partly due to such peri odic stocktaking sessions. 
Hopefully, there would be a similar periodic stocktaking sessions for the Fisheries Subsidies 
Agreement to allow Members sharing their progress on their domestic ratification and approval 
procedures – creating a good atmosphere t o encourage an earlier implementation of the Agreement.  
4.87.   Completing the selection process for the NGR and COA SS Chairs remained Members' most 
important task. Members should find the necessary compromise and ultimate solution to allow them 
to move on. For M C13, the first priority should be to finalize the selection process of the venue and 
to decide the exact convening date as early as possible. The two candidate Members proposing to 
host MC13 were both well qualified. Chinese Taipei hoped they could agree o n hosting MC13 and 
MC14 consecutively. On the second wave of fisheries subsidies negotiation, Chinese Taipei hoped to 
reinvigorate as soon as possible the negotiations on OFOC and S&DT, taking into account the Chair's 
texts prior to MC12, and that a new ap proach could be identified to ease concerns and secure 
fisheries sustainability. On agriculture, scientific data and evidence could help move the negotiations 
forward. The contemporary challenges discussed at the agriculture retreat, including climate chan ge, 
water shortage and food security, should guild future discussions.  
4.88.   Chinese Taipei hoped that Members' WTO Reform work would lead to improving the 
organization's daily operation, trade monitoring, negotiation and formulation of new rules and other 
functions. Hopefully, there would be more intensive and systemic discussions on the related issues. 
Given the time -consuming nature of negotiating comprehensive binding rules under the WTO, 
Members could consider, as a supplemental approach, adopting a soft law  approach to enact 
guidelines to address new issues. Such guidelines would be non -binding. Accordingly, Members 
would have less hesitation engaging in candid discussions. The guidelines were not merely soft rules 
expecting Members to follow. They also serv ed as good practices for Members to refine their 
domestic policies. On dispute settlement reform, some useful discussions had been going on, 
including the informal discussion led by the United States. Chinese Taipei hoped that the current 
discussions would  be transformed into concrete proposals addressing key concerns and being 
acceptable to all Members. Chinese Taipei likewise recognized the usefulness of the dedicated 
session on the Work Programme on Electronic Commerce and hoped that Members would reach a 
consensus on the moratorium at an earlier date to ensure a stable and predictable global digital 
trading environment.  
4.89.   The representative of Egypt  noted that, since the 7 July meeting, and right after the successful 
MC12, Members had embarked on discussin g how to implement the outcomes of the conference. It 
was evident that Members had enormous work that they should accomplish over the coming period 
as they headed towards MC13. Work should focus on enhancing the role of the multilateral trading 
system in a ddressing global challenges, including on food security and responsiveness and 
preparedness to pandemics, by providing the necessary tools that would contribute to increasing 
developing countries' economic resilience and stimulate economic growth and devel opment globally. 
On agriculture, Egypt had reiterated the need to reduce, with a view to eliminating trade and 
production distorting support. Members should not be reforming trade in agriculture without 
addressing the inequalities contained in the current agreement. As mentioned in the African Group's 
statement, they had formulated proposals for the limitation of aggregate measurement of support 
to the de minimis threshold since almost all economies of African States were mainly agricultural 
and that the do mestic support provided by heavy subsidizers created a strong dependence on 
imports. This was coupled with the current food insecurity situation that necessitated putting high 
priority on PSH and SSM in these negotiations. The agriculture negotiations shou ld be further guided 
by the lessons learned in the past two years. Food security should be the driving engine. In this 
regard, Egypt congratulated all Members for having agreed within the COA a dedicated work 
programme to address food insecurity in NFIDCs'  and LDCs' emergency situations – aiming to 
improve the effectiveness of implementing the Marrakesh Decision. Work within this work 
programme should address the needs of NFIDCs and LDCs and increase their resilience to food 
insecurity, including by conside ring the best possible use of flexibilities to bolster their agricultural 
production and enhance their domestic food security. Members should also be mindful that the food TN/C/M/43  
 
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  security challenge had taught them that reforming agriculture trade should take on b oard the case 
of the most vulnerable by providing them the necessary policy tools to build economic, financial, and 
agricultural resilience. Egypt thanked the COA Chair for his leadership and the Secretariat for their 
efforts to bridge the gaps between Mem bers to reach an agreement on the work programme.  
4.90.   Egypt expressed its disappointment on the stagnation facing the extension of the MC12 
Decision on the TRIPS Agreement to cover therapeutics and diagnostics as mandated in Paragraph 
8. Five months and thirte en days had passed and yet they had not moved the issue in the right 
direction. The proponents had responded to a loop of questions from their partners. They had 
provided data and evidence to support their call for a comprehensive approach to deal with the  
pandemic. They built the case that therapeutics and diagnostics were central to effectively handle 
this pandemic and to achieve socio -economic recovery. They urged Members to agree on the 
extension of this decision to cover therapeutics and diagnostics wi thout further ado. IP barriers in 
health products should be addressed, and flexibilities contained in the TRIPS Agreement should be 
better exploited to help developing countries face such challenges including flexibilities on technology 
transfer and their diffusion to developing and LDC Members. Egypt called on Members to engage 
constructively and recognize the urgency of the situation. International cooperation was needed 
more than ever before, and the WTO should be at the heart of this cooperation. On the  WTO response 
to the pandemic and preparedness to future pandemics, Egypt called upon all Members to engage 
in discussions based on the mandate in paragraphs 23 and 24 of that declaration and agree on a 
pattern to proceed within the relevant WTO bodies on topics contained in those paragraphs.  
4.91.   On reform and development, at the 10 November informal meeting on WTO Reform and in 
various configurations, it had been stressed that the process should be impartial and consider the 
development needs of developing and  LDC Members. The reform agenda should shape up the WTO 
of the future as it should allow for economic resilience and preparedness to face future challenges. 
Reform should draw on the DDA in light of its relevance and importance for the majority of the 
Memb ers. S&DT should be strengthened, and political will should be present to deliver on this 
important matter. Egypt thanked the CTD SS Chair for her leadership to advance discussions on a 
matter of great importance to almost all Members especially developing  and LDCs. On dispute 
settlement, Egypt associated with the calls to reform the mechanism and restore its two -tier system. 
The Appellate Body impasse should be resolved. Dispute settlement should take into account the 
needs of developing and LDC Members by  making the mechanism more inclusive and accessible.  
4.92.   Egypt also stressed the importance of ensuring fair and balanced results in the second wave 
of the fisheries subsidies negotiations in order to effectively and fully meet the SDG 14.6 target and 
enhance  the global sustainability of fisheries while providing the necessary flexibilities for developing 
and LDC Members that would allow for the proper policy space needed for them to develop their 
marine resources and achieve their food security. Egypt was kee n to ensure the balance in messages 
coming out from COP27 between mitigation from one side and the legitimate aspiration of developing 
countries, especially in Africa, to adapt to the current and short-term adverse impacts of climate 
change, including thro ugh building resilience, while acknowledging Common But Differentiated 
Responsibility and just transition as being core and fundamental pillars in the whole context of 
climate action. Sharm El Sheik had witnessed the COP27 historic decision to establish an d 
operationalize a loss and damage fund particularly for nations most vulnerable to the climate crisis. 
Egypt stood ready to engage constructively in all issues to reach consensual and meaningful 
outcomes in MC13 under the Director -General's able leadershi p. Egypt associated with the 
statements made by the Arab Group and the African Group.  
4.93.   The representative of Switzerland  noted that the continued impasse on the nominations for 
the vacant chair positions for the NGR and the COA SS was undermining the capabi lity of the WTO 
to continue its work in some areas, including some follow -ups on the results of the MC12. While 
Members pleaded for measures that ensured that the WTO remained relevant and able to deliver, 
they were blocking themselves and the organization  because of the issue of nominating chairs. 
Switzerland called upon all Members to show flexibility and find a rapid solution to this issue. The 
WTO Reform process should be transparent, inclusive, incremental, step -by-step. Members should 
avoid a single u ndertaking or package approach and instead reform by doing. In the short term, 
they should finalize the DSU reform by 2024 – a top priority for Switzerland. Switzerland remained 
constructively engaged in these discussions and called upon all Members to be engaged. Likewise, 
there was great potential to achieve tangible results within the monitoring and deliberative function, 
where concrete work took place within committees. The negotiation function belonged to the middle - 
or long -term category. Members shou ld engage with each other in an open mind to identify workable TN/C/M/43  
 
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  avenues. To do so, they should create room for informal and genuine exchanges to improve mutual 
understanding of their respective expectations. Considering development needs along the entire 
process would be key. In that regard, Switzerland welcomed the forthcoming retreat dedicated to 
the development dimension. MC13 would be an important milestone to take stock of progress made.  
4.94.   On agriculture, Switzerland – also in its role as Coordinator of t he G10 – remained ready to 
engage with other Members including on how to best address new challenges within the mandate of 
Article 20 of the Agreement on Agriculture. On Paragraph 8 of the MC12 TRIPS Decision, Switzerland 
was contributing actively to the e vidence and fact -based discussions in the TRIPS Council. Such 
discussions were necessary for Members to take an informed decision on whether to extend the 
MC12 TRIPS Decision to therapeutics and diagnostics. Based on discussions held so far, Switzerland 
was not convinced of an extension of the MC12 TRIPS Decision. Switzerland remained convinced of 
the positive role of IP in developing and ramping up production of vaccines, therapeutics and 
diagnostics. Switzerland was ready to continue its active and constr uctive engagement on this issue 
in the TRIPS Council. Regarding e -commerce, Switzerland welcomed the holding of dedicated 
sessions of the General Council and the appointment of a facilitator, Ambassador Usha Dwarka -
Canabady (Mauritius). It was the appropri ate format to reinvigorate the Work Program and to deepen 
the discussions on the moratorium, which provided predictability to economic operators.  
4.95.   The representative of Norway  said that the results of MC12, not least the agreement on 
Fisheries Subsidies, Part I, had given a great boost to the WTO. It had proven relevance on 
sustainability – an important challenge. Talks and various meetings since then had used the energy 
from t hat boost, and Members had had three low key but successful retreats under the auspices of 
the General Council and the TNC. Although there were no ambitious takeaways, there was an 
important reboot to try to look at issues together and start a constructive  conversation that could 
pave the way to reform and to needed negotiations. Despite Members' need to reflect on the way 
forward during the weeks following MC12, necessary institutional set ups should have already been 
in place by now for both agriculture a nd fisheries. On reform, Norway was heartened that various 
bodies, not least the CTG and its subsidiaries, were focusing on reforming their work as part of the 
bottom -up approach. The TPRM appraisal was timely with reform in mind. Small, practical steps 
could seem trivial and not very exciting. But they could do much to ease the work of Members and 
the Secretariat.  
4.96.   Looking forward, it was imperative that Members restored the two -tier dispute settlement 
system and ensured legally binding conclusions in trade  disputes. The ongoing discussions should 
be brought into a more formal track early 2023 that ensured that Members were able to live up to 
the commitment Ministers made for a fully and well -functioning dispute settlement system accessible 
to all Members by  2024. Negotiations on Part 2 of the Fisheries Subsidies Agreement should start 
early in the new year. Members had a commitment to conclude it by MC13. Agreeing on subsidies 
disciplines for OFOC was difficult but not impossible. They should start with aski ng whether all 
member fishing nations were committed to fishing sustainably. The agriculture retreat had given an 
indication of Members' willingness to explore new approaches to the negotiations. Norway looked 
forward to the start of the substantive work i n 2023 on the important file of the emergency response 
to food insecurity. Environment and climate had moved up in the agenda, with COP 27 just concluded 
and based on the excellent World Trade Report. The solid activity in the CTE and three initiatives 
(TESSD, Plastics and FFSR) since MC12 should continue in 2023. Climate and environmental issues 
would permeate much of what they did in the future. The conversations on trade and development 
and Aid for Trade would resonate in all parts of the WTO, and as an integral part of the reform 
agenda. Norway saw Members' renewed willingness to engage in the dialogue on development 
issues. On all these issues, Norway stood ready to take the discussions forward – being constructive 
and results oriented, and mindful that  the WTO should be relevant on the questions of our time.  
4.97.   The representative of Jamaica  said that WTO reform was a priority and welcomed Paragraph 
3 of the MC12 Outcome Document. Jamaica reiterated that development issues and differentiated 
treatment for d eveloping countries should be at the centre of WTO Reform work. The multilateral 
character of the WTO should be maintained while ensuring that reform supported the ever -evolving 
global economic landscape and trading system. Members should be realistic and flexible. Work 
should be structured. Jamaica saw utility in completing the WTO's work on reform in phases, whereby 
there was a discussion among themselves on identifying those deliverables that could be 
accomplished by MC13, those that were doable for MC14  and those that would require additional 
time. There was no shortcut to such an essential issue. Members should begin work on potential 
MC13 deliverables with urgency. Jamaica stood ready to discuss ideas in this regard. Members could TN/C/M/43  
 
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  begin by having the S ecretariat complete a matrix of all submissions to date, on reform, and treat 
this matrix as a living document. Jamaica called for the resumption of WTO discussions to resolve 
the impasse over Appellate Body appointments, while giving space for individual Members to 
continue their informal consultations. The deadline in Paragraph 4 of the MC12 Outcome Document 
was fast approaching. It was important not to wait until the final moment to undertake this work.  
4.98.   On agriculture, the work programme agreed in the C OA on the implementation of Paragraph 
8 of the Ministerial Declaration Food Insecurity was an encouraging sign. Jamaica would be 
contributing to discussions to arrive at an appropriate outcome in this regard. Members should 
appoint a new COA SS Chair witho ut delay. The agriculture negotiation was too big to fail especially 
when food and livelihood security faced unprecedented risks. Article 20 of the Agreement on 
Agriculture and Ministerial mandates to date should be the bases for agricultural reform. Jamai ca 
took note of advocacy for the agriculture negotiations to be more closely aligned to the climate 
change agenda. Although a supporter of climate action in the multilateral for a, Jamaica believed 
that a discussion among Members should be convened to hear  where they stood on this issue, 
bearing in mind the WTO's rulemaking character. As it related to discussions in the TRIPS Council 
concerning Paragraph 8 on the extension of the Ministerial Decision to cover therapeutics and 
diagnostics, Jamaica called on Members to redouble their efforts at finding a mutually acceptable 
outcome, given the limited time they had.  
4.99.   Concerning e -commerce issues, Jamaica welcomed the appointment of Ambassador Usha 
Dwarka -Canabady (Mauritius) to facilitate discussions on the Work  Programme, including its 
development dimension, as mandated by Ministers. Jamaica was pleased with the active 
engagements so far. The Work Programme should focus on how the WTO could, within its 
competence or in collaboration with other international orga nizations, explore issues such as 
electronic contracts, electronic procurement and online consumer protection, assist with developing 
and updating the trade -related aspects of e -commerce legal frameworks in developing countries, 
facilitate the sharing of b est practices and exchange of information or experiences in areas such as 
national e -commerce strategies, further its collaboration with other international organizations such 
as the ITC, ITU, UNCTAD, the World Bank, UNCITRAL, regional development banks, b ilateral donors, 
and the private sector and civil society, to facilitate integration into the e -commerce realm, and 
utilizing the WTO ITTC to enhance awareness among stakeholders in developing countries on the 
potential of e -commerce in enhancing global tr ade. On the moratorium, it would be prudent for the 
WTO to collaborate with other stakeholders to better understand the scope, definitions and impact 
of the moratorium of customs duties on electronic transmissions.  
4.100.   With regard to fisheries subsidies, Jama ica's stakeholders in capital were undertaking 
consultations on how to move forward with the interim agreement. In the meantime, the 
appointment of an NGR Chair was most urgent given the scope in finalizing negotiations by MC13. 
Document WT/MIN(22)/W/20 al ready contained the necessary ingredients to conclude the 
negotiations and, as a result, Jamaica was happy that Ministers had indicated that this document 
should be a basis on which to move forward with their work. Jamaica recognized the positive report 
regarding further contributions to the Fisheries Agreement Fund Trust and thanked the Members 
who had agreed to do so. All negotiations should be transparent and inclusive. Jamaica did not 
oppose the convening of sub -plenary meetings if the Chair was of the view that doing so would be 
of value. Jamaica however had a legitimate expectation that sub -plenary meetings should be 
characterized by inclusivity in order to properly reflect the WTO's heterogenous nature. Outcomes 
from sub -plenary meetings should not be  viewed as a fait accompli that demanded the acceptance 
of non -participants. All Members had views which should be treated equitably. Meetings should be 
scheduled in a manner that took account of the capacity constraints of small delegations, most of 
whom would have a single delegate covering multiple issues. Jamaica would be engaging 
constructively in the discussions. Jamaica associated with the statements of CARICOM and the ACP.  
4.101.   The representative of Nepal  associated with the statement made by the LDC Gro up. MC12 
had created a small momentum in WTO deliberations. The General Council, various negotiating 
groups, WTO committees and bodies had already taken steps in this regard. Members should 
therefore focus on discharging their responsibilities as per the t imeline set in the MC12 outcomes 
especially in deciding on extending the TRIPS waiver and on MC13 date and venue. The Facilitators' 
reports during the informal meeting on WTO Reform, where Nepal had shared its perspectives in 
detail, could be a good basis to proceed ahead. Reform work should be Member -driven, open, 
transparent, and inclusive, and respect consensus -based decision -making. This should address the 
interests of all Members, including development issues. The General Council and its subsidiary bod ies TN/C/M/43  
 
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  should conduct the work. Widespread capacity constraints of LDC Members should be taken into 
account and LDC specific support measures should be made more effective to help them effectively 
and sustainably address their structural capacity constraints.  Considering the capacity constraints, 
Members should allow graduating LDCs to continue with LDC -specific flexibilities for an additional 
period of time for smooth transition after graduation from the LDC category. The Appellate Body 
impasse should be reso lved within the timeframe of the MC12 Outcome Document. Members should 
address the gaps between founding and acceded Members mainly in the level of obligations and 
commitments. Given the current situation, an LDC like Nepal had a higher level of obligation  and 
commitment than founding developed Members. This was absolutely unfair and should be addressed 
at the earliest possible. Sufficient policy space and support had to be extended to developing and 
LDC Members facing huge trade imbalance after acquiring W TO membership.  
4.102.   While talking about agriculture, especially ensuring food security in LDCs and NFIDCs, 
priority focus had to be made on enhancing productive capacity and agriculture production in LDCs 
and NFIDCs. Support services in areas such as fertilize r, logistics including warehouses and cold 
storages, trade infrastructure for connectivity, ICT and e -commerce, and others could contribute in 
this regard. Members should think broadly by considering the marginal productivity in agriculture 
globally and re allocate their efforts and resources accordingly with a view to increasing global 
agriculture production. Development dimension was an integral part of the WTO functioning and 
therefore, their efforts had to be expedited in this area by considering the G90  proposal positively. 
On e -commerce, going digital had become essential. However, due to the huge digital divide 
especially in availability, accessibility, affordability and application, LDCs and LLDCs had not been 
able to participate in and benefit from e -commerce. Mobilizing resources to bridge the digital divide, 
lowering costs of Internet access, supporting investment in digital skills, and enhancing institutional 
and human capacity in LDCs and LLDCs were important aspects Members could address through 
reinvigorating the work programme on e -commerce.  
4.103.   The representative of Hong Kong, China  was glad to note that many Members shared the 
view that restoring the fully functioning two -tier dispute settlement system was a top priority. The 
WTO's dispute settle ment system was not just important for settling trade disputes among Members. 
It was also a key pillar of the multilateral trading system represented by the WTO and was an 
essential institution that helped ensure proper implementation of not only provision s in the existing 
agreements, but also new rules to be negotiated by Members. It was therefore imperative that all 
Members worked together towards restoring a fully and well -functioning, two -tier dispute settlement 
system accessible to all Members the earl iest possible but not later than 2024. Hong Kong, China 
welcomed the current informal discussions on dispute settlement and had been actively participating 
in them. Hong Kong, China looked forward to a fruitful outcome in these discussions so that Members 
could move closer to resolving the Appellate Body impasse and restoring a fully functioning dispute 
settlement system. In order to have a resolution agreeable to all Members, the current informal 
discussions should be multilateralized and institutionalized  as early as practicable. Hong Kong, China 
would continue to engage constructively in the discussions.  
4.104.   The representative of Peru believe d that th e retreats  had been useful and necessary, 
allowing Members  to address substantive and procedural issues in a franker and more relaxed  
context.  On fisheries subsidies, Peru welcome d the fact that some of the retreat's  conclusions were 
already being implemented such as  the workshop they had a few days ago. Peru however regrated 
the lack of progress on the  appoint ment of an NGR Chair. They should agree on this soon to organize 
work and advance in  the negotiations. The same was true for the agriculture negotiations  which was 
more pressing given the lack of results at MC12  in this area. Members should rethink  the negotiatin g 
process given the  food insecurity  crisis where agriculture trade wa s expected to play a  vital role. It 
also became clear er that the vast majority of Members ha d priorit ized restoring  the dispute 
settlement system as soon as possible. There was likewise a  preference for a combination of two 
parallel approaches  on reform work – bottom -up where  Members allowed reform discussions in WTO 
Councils and Committees to progress  in the respective bodies which would then be reported  to the 
General Coun cil, and top -down where  the General Council would discuss  certain cross -cutting issues  
and provide  guidelines to the Subsidiary Bodies to implement the decisions . Peru called for flexibility 
in urgently appointing COA SS and NGR Chairs to facilitate Member s' return to the negotiations in 
2023. Peru thanked  those Members who had actively participated in the last session of the Working 
Party on Trade and  Transfer of Technology, and for the commitment they had shown to strengthen 
the discussions  on this subject in the  coming months.  TN/C/M/43  
 
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  4.105.   The representative of the Republic of Korea  said that, looking back ago when a bleak outlook 
prevailed, Members should be more confident and optimistic today and in the future on the 
functioning of the WTO. The deadlock on ap pointing the COA SS and NGR Chairs should be resolved 
as soon as possible. Korea encouraged Members to fully respect the outcome of General Council 
Chair's consultations and reach consensus. On fisheries subsidies, Korea welcomed a series of 
ongoing invalu able workshops organized by the Secretariat. This effort would carry Members through 
the second phase of negotiations with knowledge -equipped perspectives. On agriculture, addressing 
food insecurity, preventing future food crises and supporting sustainable  agriculture remained of 
high priority. Korea welcomed the work programme for food security agreed at the recent formal 
COA meeting. On the JSI negotiations on e -commerce, Korea appreciated the progress made and 
looked forward to the issuance of the revise d consolidated text in December. On the E -commerce 
Work Programme, Korea welcomed the dedicated discussions led by the Facilitator. As a co -sponsor 
of communication WT/GC/W/855, Korea looked forward to discussing specific topics in the future. 
As the co -coordinator of Investment Facilitation for Development JSI, Korea counted on the support 
of all Members participating in the JSI and looked forward to achieving yet another milestone by the 
end of the year. On the extension of the TRIPS Waiver, discussions o n Paragraph 8 had so far been 
meaningful as they had provided opportunity to increase their knowledge about the therapeutics 
and diagnostics related situation and the role of IP. Recognizing that Members had yet to build 
common understanding on the matter,  Korea urged Members to continue facts and evidence -based 
discussions in a more open and sincere manner. Korea supported the idea of the WTO vigorously 
tackling, deliberating and negotiating on issues of our time such as trade and climate change. Korea 
would remain committed to and focused on WTO Reform discussions to realize this idea.    
4.106.   The representative of Mexico  recognized the Director -General's high -level interventions in 
international decision -making fora for strengthening the role of trade in the i nternational economic 
agenda. It was however undeniable that it had been an unproductive semester in multilateral 
negotiations in Geneva. While the retreats had been a good collective therapy session, differences 
persisted and a lot of work remained to be done to build confidence and close the gaps to enable 
productive negotiations. Members had reached an important commitment on fisheries subsidies 
which now necessitates effective implementation. Members also had a challenge ahead on the 
second wave of nego tiations including the OFOC disciplines. For this to happen, immediately 
appointing an NGR Chair would be vital. Mexico therefore called on all Members to constructively 
engage in these negotiations and urgently appoint an NGR Chair. It also became clear t hat the great 
majority of Members had pointed out the urgency in restoring a fully functioning dispute settlement 
system. They should ensure that their discussions would achieve this result by 2024. Dispute 
settlement remained vital to enforcing WTO provis ions – this pillar being a safety net for Members 
which was more than necessary ever given the current circumstances. At the same time, the WTO 
required strengthening of its negotiating, transparency and monitoring functions.  
4.107.   The representative of Thailand  found the retreats useful for allowing Members to better 
understand each other's interest. Contrary to the delegate from the Republic of Korea's optimism, 
Thailand was a bit pessimistic at the current situation around the world. News in Asia had quoted 
the WTO foreseeing a recession coming in 2023 and the further contraction of goods. Earlier this 
week, Thailand had just experienced a contraction of exports for the first time in twenty months – 
which was severe. All the signs were not good. Having to opera te in this unforeseen future, Thailand 
asked whether trade could still play an important role and whether the WTO could still contribute to 
addressing the current global issues. In answering yes to both, Thailand said that there were a lot 
of things that t he organization could and should do. Immediate work in the WTO included 
implementing MC12 outcomes and reaching better understanding on how to deal with new issues. 
Fisheries and agriculture should be Members' main focus. They should continue discussions i n these 
areas. Thailand was in the process of ratifying the Fisheries Subsidies Agreement and hoped to 
progress in this area in 2023. In noting that agriculture should be looked at together with food 
insecurity, Thailand welcomed the COA's new work program me pursuant to Paragraph 8 of the 
Ministerial Declaration on the Emergency Response to Food Insecurity. This showed that if they were 
serious, they could agree on something important and relevant to every Member. Thailand urged 
Members to engage with this cooperative spirit in other issues. Thailand also recognized that there 
were both multilateral and plurilateral tracks that were related to e -commerce and digital economy 
in general. Thailand welcomed the new Facilitator and thanked her for holding the rec ent dedicated 
session where many good ideas had been presented. For example, Antigua and Barbuda had several 
suggestions which Thailand found very practical and useful. Thailand would like to see the future 
discussion on digital economy and e -commerce taki ng into account the practicality of the issue which 
was important for global development and the future.  TN/C/M/43  
 
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  4.108.   Sustainability and climate change had become a very important issue as had been seen 
recently in the APEC meeting. Many organizations had moved on so much faster than the WTO. 
Although the organization had 164 Members, it should find how to scope down the discussion on this 
issue. In noting its active participation in the events during the Trade and Environment Week 
organized by the CTE Chair, Thailand stressed that environment was an issue than many Members 
had great interest in. For example, India had presented a long 25 -year vision on how to turn solar 
power into a fully regarded and comprehensive system – which was impressive. Members should 
therefor e not wait for this to be part of WTO Reform. They should act now and not leave it at the 
last minute. In general, Thailand called for the continuation of evidence -based negotiations and 
discussions in the WTO following the workshop on fisheries subsidies.  Thailand also looked forward 
to WTO collaboration and exchange of information with other international organizations that worked 
in the relevant areas including FAO, OECD and UNCITRAL. Development remained an important 
issue. It was one of the two elephan ts in the room and was viewed differently from one Member to 
another. In the World Cup, one could see that right now, so many countries that were not the 
traditional powerhouse of world football had played so well. One could see many African, Middle 
Easter n and Asian teams playing very well. They did not need 25 years of adjustment to be 
competitive. Similarly, S&DT was not the only answer for development. If one had the will, one could 
do it. Members should start thinking about what could enable them to co mpete and better integrate 
into the multilateral trading system. This type of reflection could hopefully lead the Membership to 
achieve something like in the World Cup where everybody could play very well.  
4.109.   The representative of Cambodia  associated with the  statement made by the LDC Group. In 
appreciating the retreats that had been carried out for fisheries, agriculture and WTO Reform, 
Cambodia noted that they facilitated progress toward moving forward with the negotiations in those 
areas. Cambodia stood rea dy to constructively engage in the second wave of negotiations in fisheries 
subsidies so that Members could fulfil the mandate provided by Ministers at MC12 on this issue. 
Cambodia stressed the need to find new ways and new approaches to carry out the agri culture 
negotiations. While taking note of the new elements discussed in the retreat, Cambodia cautioned 
in adding more complexity to the already complex agriculture negotiations. Cambodia took WTO 
Reform seriously and with careful consideration. Document JOB/GC/223/Rev.1 provided the LDC 
Group’s views on WTO Reform and expressed a clear indication of Cambodia's commitment and 
strong interest on the matter. Members should also urgently restore the two -tier dispute settlement 
system – a critical pillar of th e WTO – and achieve a result on DS reform by MC13. Much had also 
been said about LDC Graduation. The proposal on smooth transition for graduated LDCs would go a 
long way in sustaining and accelerating the level of development of graduating LDCs and to avoi d 
any potential pitfall. Cambodia therefore urged all Members to work constructively on this proposal 
– the details of which had already been repeatedly outlined by the LDC Group.  
4.110.   The representative of Argentina  express ed concern about the fact that Member s had not yet 
been able to appoint the NGR and the COA SS Chairs and called on its immediate resolution. 
Argentina found the retreats useful in providing a space for brainstorming and  having  informal 
exchange s among delegations.  It was now time to move fro m this stage and begin their work in the 
lead up to MC13.  Argentina found the retreat and the workshop on fisheries subsidies useful and  
thank ed the Secretariat,  Speakers and Facilitators . The Fisheries  Subsidies  Agreement was a great 
achievement . This pro ved that, with political determination,  difficult negotiations c ould be concluded . 
Argentina therefore  hoped that Members could  start the second wave of negotiations soon and 
engage with the same spirit. After the retreat on agriculture,  the need to advance agricultur e reform 
which Members  committed themselves  since the WTO's establishment  became even  more evident. 
Argentina agreed that the WTO should leverage efforts of the international community in the fight 
against climate change and food insecurity insofar as the Uruguay Round negotiations we re parallel 
to the negotiations of the Rio Conventions . Argentina understood  that agricultur e reform had been  
mandated so that  trade would contribute to sustainable development in its three pillar s. To the 
extent that the WTO delay ed agricultu re reform, it would fall behind in its mandated contribution. 
Agricultur e reform could  contribute to the environmental pillar through  financial incentive s of 
Members for greenhouse gas emissions, water loss, p ollution due to inappropriate use of productive 
inputs and the loss of biodiversity due to the loss of habitat. Agricultur e reform could  also contribute 
to the social and economic pillars through reduc ing subsidies , facilit ating the flow of investments 
towards efficient producers and call ing for the adoption of new technologies to increase production 
and productivity, thus improving the conditions for job creation and economic growth. Agriculture  
reform d id not imply per se the dismantling of the agricultur al sector in any Member . Rather, it was 
a call to transition in a fair and inclusive way towards non -distorting and sustainable models. TN/C/M/43  
 
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  Argentina therefore called  for immediately appointing a COA SS Chair in order to resume agricultur e 
negotiations as soon  as possible.  
4.111.   On the Work Programme on Electronic Commerce, Argentina referred to its previous 
statements  and welcome d the recently resumed dedicated sessions . Argentina  reiterated its  
commitment to continue to participate actively  in these discussions . The Argentine Republic  likewise 
associated with  the statement made by  South Africa in relation to the discussions within th e 
framework of the TRIPS Council. Argentina  had faced numerous barriers in accessing medical 
technology during the pandemic  which had  also been the case in many developing and LDC Members . 
As such, Argentina stressed th e importance of complying with Paragraph 8 and extending the MC12 
TRIPS Decision to COVID -19 diagnostics and therapeutics which would  contribute to achieving more 
equitable access to them at affordable prices. The stipulated term would expire  in less than a month. 
This extension would make it possible for developing and LDC Members  to hav e one more health 
policy tool to face present and future  health challenges. The mandate was clear  and d id not imply 
the opening of a general debate on the role of IPRs in access to health. Members should  reach an 
agreement soon on this matter to fulfil the  commitment they made at MC12. In referring to its 
previous statements on WTO Reform, Argentina noted its active  participat ion in the informal process 
led by the United States and reiterate d its call to restore the two -tier dispute settlement system as  
reflected in the MC12 Outcome Document which  recognize d the urgency of addressing this challenge.  
4.112.   The representative of China  noted that, looking back at 2022,  Members c ould be proud of  
what MC12 had achieved. On the extremely difficult circumstances, with th e Director -General's 
leadership, Members had united and had cooperated with each other to achieve outcomes far beyond 
the expectation of the outside world, even themselves. Difficulties and challenges however 
remained. What matters was not whether Members could achieve success once, but whether they 
could continue to achieve success. Members had done a lot of things after MC12 such as retreat 
meetings and discussions on many issues in relevant Committees. At the same time, progress of 
negotiations on some i mportant issues was not however as expected. Reaching consensus on some 
procedural issues remained difficult for Members. So, China's key message was urgency. Half a year 
had silently slipped away since the successful MC12. Time was not in their hands. Mem bers should 
keep working with a sense of urgency in a constructive and flexible manner. China regarded DSB 
Reform as the top priority. An independent, impartial, binding two -tier dispute settlement system 
not only facilitated prompt and fair resolution of disputes between Members regardless their size 
and power, but also provided security and predictability to the multilateral trading system. While 
recognizing the value of informal discussions for gathering conceptual approaches, a more focused 
discussion o n some selected urgent matters would be more conducive to fulfil the mandate given by 
Ministers at MC12. China looked forward to initiating such a discussion in a formal setting early next 
year. China also welcomed the proposal of organizing a specific ret reat on development as soon as 
possible. It would provide a good opportunity to carefully listen to each other and find ways including 
breakthroughs in the G90 proposal discussion to help developing Members better integrate into and 
benefit from the multil ateral trading system to achieve economic development.  
4.113.   China welcomed the work programme on implementing Paragraph 8 of the MC12 Declaration 
on Emergency Response to Food Insecurity. This demonstrated Members' humanitarian spirit in 
multilateral cooperatio n which was also an integral part of multilateralism. For the next step, 
Members should try their best to make the work programme truly workable and translate it into a 
tangible outcome for MC13. To resume the agriculture negotiations, the COA SS Chair sho uld be 
appointed as soon as possible. On TRIPS Waiver, China thanked the TRIPS Council Chair, 
Ambassador Lansana  Gberie (Sierra Leone), for his efforts in pushing forward the negotiation. It was 
however regrettable that while the deadline set by Ministers at MC12 was only two weeks away, 
Members were yet to achieve any substantial progress. They should accelerate the discussion. 
Engaging constructively and demonstrating willingness to compromise from the entrenched camps 
remained prerequisites in this regar d. On fisheries subsidies, China had already kicked off the 
domestic ratification procedure, and hoped all Members could do the same with a sense of urgency. 
For the second wave of negotiations, selecting a capable Chair, like Ambassador Santiago Wills, wa s 
crucial to this end. On e -commerce, China welcomed the appointment of Ambassador Usha Dwarka -
Canabady (Mauritius) as the Facilitator on the E -Commerce Work Programme and Moratorium and 
would give its full support to her. China likewise agreed with the id ea that Members should reform 
by doing. Big changes started with small steps. With the conceptual and methodological discussions 
Members had after the summer break, now was the time to roll up their sleeves and start working.  TN/C/M/43  
 
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  4.114.   The representative of Nicaragu a appreciated the organization of retreats and meetings for 
Members to have open and constructive discussions. In expressing its concern at the limited progress 
in the negotiations since MC12, Nicaragua encouraged Members to show flexibility to move forwar d 
in the negotiations. Nicaragua looked forward to an open, transparent and inclusive process with 
development at the centre and urged Members to achieve results that included S&DT. Nicaragua 
called on Members to respect and promote the rules -based, open a nd predictable multilateral trading 
system. All Members should commit to avoiding unilateral trade -restrictive measures, especially 
coercive ones based on interests not related to trade and outside the WTO's mandate. The 
appointment of vacant Chairs should  also be urgently addressed. Nicaragua urged Members to show 
flexibility and be pragmatic in the process of filling these vacancies based on merit and abilities of 
the candidates. Nicaragua likewise hoped reach agreement soon on the MC13 date and venue to 
facilitate logistical work and speed up negotiations. Nicaragua reaffirmed its commitment to 
participate in the negotiations with a view to achieving results that benefited developing and LDC 
Members, especially SVEs, addressed the food security crisis, cl imate change, environmental 
sustainability issues and post pandemic global economic recovery.  
4.115.   The representative of Viet Nam  understood the importance of rapid ratification of the 
concluded Fisheries Subsidies Agreement and noted the challenges it experien ced in its domestic 
procedures which required the complete impact analysis in legal, economic and social aspects. These 
requirements were difficult given the fact that the achieved agreement was partial. Viet Nam 
therefore supported the immediate commencem ent of the second wave of negotiations to provide 
clarity on the shape of a comprehensive agreement. Viet Nam called for flexibility to appoint the 
NGR Chair who would provide leadership for these negotiations to succeed. Viet Nam also supported 
the establ ishment and operation of the WTO Fisheries Funding Mechanism to provide capacity 
building and technical assistance to developing and LDC Members. Viet Nam supported the mandate 
to further promote agriculture negotiations on relevant topics including the th ree pillars of domestic 
support, market access and export competition, of which domestic support remained the first 
priority. Negotiations should safeguard the interests of agro -product trade and development needs. 
Agriculture trade reforms should further support economic development, take into account the goal 
of minimizing greenhouse gas emissions and achieve more sustainable and resilient food systems. 
The dispute settlement mechanism, in particular the Appellate Body, should be fully restored to 
provide  security and predictability to the multilateral trading system. Viet Nam reiterated its support 
for the joint proposal co -sponsored by more than a hundred Members to launch the Appellate Body 
appointment process. This could be done in parallel with the DS  reform discussions. In noting that 
DS reform discussions were ongoing at the technical and informal level, Viet Nam noted that time 
was of the essence given the 2024 and proposes formalizing the process either in the GC or the DSB 
as soon as possible to m ake concrete steps. While Viet Nam was open to any new ideas, it underlined 
the importance of adhering to WTO principles and commitments in WTO Reform work. Viet Nam 
supported the maintenance of the balance of rights and obligations in the WTO Agreements – which 
should be respected in the reform discussions as they were negotiated outcomes.  
4.116.   The representative of Pakistan  said that the issue that had stalemated progress in the CTD 
SS was inarguably that of the implementation of S&DT to developing and LDC Members as 
highlighted by the CTD SS Chair in her report. S&DT was significant as it levelled the playing field 
for devel oping and LDC Members. This was why they had been embedded as rights in WTO 
Agreements. The Director -General had correctly pointed out that to stay relevant in today's world, 
the WTO needed to reform itself. Pakistan had consistently said that in order to address issues of 
the global commons, all players should adopt cooperative and not a competitive approach to arrive 
at an optimal outcome. Otherwise, as Canada had pointed out, Members would only be wasting each 
other's time. This effort could not be limit ed to words only and the attitude and objectives of 
negotiators should change. Otherwise, the WTO would remain unable to deliver for the issues of the 
global commons – it could however deliver for certain countries or businesses. Members would have 
to thin k seriously about what they meant by "fit for purpose". What the world currently faced could 
not be considered business as usual by any stretch. Members lived in a very connected and aware 
world. The young generation was most affected by climate change and  seemed more serious about 
it than older age groups – and rightly so. Governments and international organizations would 
eventually catch up with this growing political demand. Pakistan was flexible and open to finding 
solutions to the impasse of the NGR an d the COA SS Chairs and was hopeful to find a settlement to 
the satisfaction of all Members by the winter vacation, if not earlier.  
4.117.   Pakistan remained a strong supporter of "necessary reform" of the WTO as envisaged in 
Paragraph 3 of the MC12 Outcome Docum ent in order to enhance its authority and efficacy and TN/C/M/43  
 
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  increase its relevance in terms of global economic governance. Pakistan also supported the reform 
envisaged as a separate pillar under Paragraph 4 given the importance of having a functional and 
access ible DSB by the time Ministers met again. Notwithstanding the form and configurations of 
these reforms, the process should be based on core WTO principles of inclusiveness, multilateralism, 
consensus, openness and transparency. Pakistan supported the secon d wave of fisheries subsidies 
negotiations and, as had been demanded by several Members, a legal scrubbing of the existing text 
could be considered. It could be a wise step to dedicate a session for legal scrubbing of the 
Agreement allowing all Members to start their ratification process. Pakistan appreciated the work 
done by the COA in terms of Paragraph 8 of the MC12 Declaration on Emergency Response to Food 
Insecurity through establishing a dedicated work programme to cater to the needs of LDCs and 
NFIDC s and to increase their resilience in responding to acute food instability. Pakistan would closely 
follow the discussion under the work programme and looked forward to all Members for early 
agreement on this important issue. Paragraph 8 of the MC12 TRIPS D ecision which reflected the 
Ministerial instructions had since then seen a series of to and fro in the form of questions projected 
at the proponents and objections raised. As the timeline for deciding to extend the waiver to 
therapeutics and diagnostics ne ared its closure, the prospect of a favourable decision for humanity 
was discouraging. Pakistan therefore urged Members to come up with a timely decision on extending 
the waiver to therapeutics and diagnostics instead of delaying it as they had done for va ccines.  
4.118.   The Chair  was surprised to hear the issue of legal scrubbing. If Members listened to that 
day's interventions, some delegations were three quarters of the way through to depositing their 
instruments of acceptance. Members had gone over this issue o f legal scrubbing many times and 
they were already past that. People were now on the business of ratifying the agreement. She just 
did not want Members to be confused on this matter at this juncture.  
4.119.   The representative of India underscored the importance o f the TNC as the main forum for 
negotiations in this organization. As Members moved towards MC13, India hoped that this forum 
would remain active and reinvigorated to produce negotiated outcomes for MC13. A lot of activity 
had taken place since MC12, parti cularly the retreats on agriculture, fisheries and WTO Reform, with 
a view to help Members move forward. The agriculture retreat was supposed to provide a forum to 
explore newer approaches to make progress, but unfortunately, a substantial part of it was d evoted 
to non -core agriculture disciplines. For the past nine years, a permanent solution to PSH had 
remained elusive despite it being the centrepiece of agricultural negotiations. The food insecurity 
situation caused by COVID -19 and the ongoing conflict h ad only reinforced the centrality of PSH to 
these negotiations. India had demonstrated a successful PSH model that had helped maintain food 
security to its 1.4 billion population. It was therefore important that Members addressed the 
mandated issues of PSH  and SSM on priority before other elements. They could adopt these decisions 
at the General Council, as was done in 2014, even before MC13. India congratulated the Membership 
and the COA Chair for the agreement on a Work Programme on Food Insecurity. Membe rs needed 
more success stories like that. India looked forward to a quick legal scrubbing of the Fisheries 
Subsidies Agreement to address the legal inconsistencies to facilitate its smooth ratification and 
quicker implementation by Members.  
4.120.   In the context of agriculture and fisheries negotiations, India underscored the importance of 
finalizing the selection of Chairs to allow Members to move forward. On the NGR Chair, India 
highlighted that Asia had not been represented at the NGR for a long time. The AGDC candidate, 
Ambassador Gothami Silva (Sri Lanka), was one of the senior most Ambassadors with vast 
experience and had been active in the fisheries negotiations for a long time. India therefore urged 
the Membership to consider her candidature positively. Ind ia had also suggested the possibility of 
starting the second wave of negotiations with two Co -Chairs. The concept of Co -Chairs was a well -
established practice in several international organizations including UN agencies. The third 
alternative that could be  considered was to start negotiations under the concerned DDG. India hoped 
Members would appreciate the flexibility it was demonstrating through these alternatives to allow 
negotiations to move forward. On the COA SS Chair, India appealed to all Members, e specially the 
"Friends of the System" to help it function smoothly by finalizing the COA SS Chair for which the 
Ambassador Alparslan Acarsoy  (Türkiye) enjoyed consensus. India again urged that these two Chair 
selections should not be linked.  
4.121.   It was regrett able that a decision on Paragraph 8 of the MC12 TRIPS Decision to extend it 
to therapeutics and diagnostics remained elusive. The pandemic was not yet over and the continued 
uncertainty surrounding it made it important to enable Members to implement a comp rehensive 
"prevent, test and treat" strategy to combat it. The stark inequities on access and affordability of TN/C/M/43  
 
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  therapeutics and diagnostics continued to pose challenges towards a complete global recovery. As 
Members had no more time to lose, India urged th em to find consensus for the extension as early 
as possible. India welcomed the dedicated discussion on issues related to the Work Programme on 
Electronic Commerce after a gap of several years. The renewed focus on the development dimension 
of e-commerce w as in line with the 1998 mandate. While sharing its views on this subject in the 
upcoming meetings, India requested the Secretariat to provide adequate notice for these special 
sessions going forward. Stalemate continued in the CTD SS on the G -90 proposal despite the 
sustained efforts on the part of the G -90. India urged Members yet again to show flexibility and take 
a pragmatic approach for a meaningful outcome in this area.  
4.122.   The informal meeting on WTO Reform had provided an opportunity for Members to exch ange 
their views and expectations on this matter in a relaxed and informal setting. Though different 
Members had different expectations on reforms, the common thread that emerged from the 
deliberations was that Members wanted to preserve and strengthen the  current multilateral trading 
system and the core principles of consensus, development, Member -driven nature of the WTO, 
among others. Understanding that some aspects of reform could be more complex and challenging 
and would need more time, Members wanted to focus on areas where reforms could be undertaken 
more quickly. India supported this approach and would contribute to it so that Members could reap 
an early harvest in the reform domain. The Chair referred to part on WTO Reform in the G20 
Declaration. On  1 December, India would officially take over the mantle of the G20 Presidency. India 
looked forward to contributing to the process of WTO Reform during its Presidency in line with its 
strong support to multilateralism in general and the multilateral tradi ng system in particular. India 
looked forward to engaging constructively across the post -MC12 work with a view to delivering 
another successful Ministerial at MC13.  
4.123.   The representative of the Plurinational State of Bolivia  echoed South Africa's statement 
regarding Paragraph 8 of the MC12 TRIPS Decision. The lack of progress in the various areas was a 
source of concern. Bolivia hoped to have renewed impetus to drive the work forward so that Members 
could arrive at balanced outcomes. This was what was needed t o address the most pressing global 
issues they were currently facing. It was necessary to move ahead in the WTO Reform discussions 
taking into account Members' contributions particularly those from developing and LDC Members. 
WTO Reform should be looked at  in light of the various asymmetries. Trade should be an engine for 
growth. It should be inclusive, transparent, open, non -discriminatory and rules based. Members 
should put in place mechanisms to deal with the various levels of development. It was likewis e clear 
that Members agreed that it was essential to strengthen the dispute settlement system which should 
be accessible to developing and LDC Members. Bolivia also underscored the need to have a credible 
agriculture reform addressing the needs of all Memb ers including food security. They should have a 
systemic, multifaceted response in this area. They could not be selective when it came to choosing 
the elements of this response. They should look at sustainability and other elements for agriculture 
– withou t sweeping aside the question of responsibility. They should also have a clear distribution 
of the rights in the fisheries negotiations when it comes to marine resources. The views of LLDCs 
should be taken into account including their contributions in thes e discussions. Bolivia hoped that 
Members reached the necessary convergence to appoint the NGR and COA SS Chairs. They should 
likewise strengthen their commitments to arrive at convergence to facilitate compliance with the 
MC12 mandates on pandemic respons e. The challenges Members confronted in this regard should 
be dealt with in solidarity to see to ensure a fairer and more just system. It was also necessary to 
take decisions in a transparent manner and meet the expectations of all WTO Members.  
4.124.   The representative of Colombia  was intervening in the middle of discussions in the TNC and 
on reform underlining the need for new negotiations on rules and disciplines in the WTO which 
Colombia had also mentioned in the context of WTO Reform as it was more  akin to that scenario. 
Rather than reviewing what the WTO was doing in terms of current negotiations, Members should 
instead review what was happening in the outside world and to look at what negotiations would be 
required in the WTO to give a long -term r esponse to these situations. The world, and in particular 
the fight against climate change, was moving at a very rapid pace – and the WTO was not catching 
up with these developments. There was the increase in environmental remedies, tariff adjustment 
mecha nisms for situations considered unfair for trade, carbon adjustment mechanisms, 
deforestation adjustment mechanisms, biodiversity loss adjustment mechanisms, measurement 
mechanism of the green component, and energy clean of various activities. All these pr ogrammes 
were happening unilaterally and entering into the WTO in the worst possible way as trade concerns 
first and then as disputes later. Environmental remedies, when unilateral, were by definition 
fragmentary, out of sync and self -serving. Unilateral r emedies built green fortresses and created TN/C/M/43  
 
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  tensions without adequately addressing the climate crisis. That was the reality. The WTO should 
therefore be able to design a multilateral environmental remedy.   
4.125.   Given the exploitation of subsidies, Members shoul d discuss an environmental ceiling on 
subsidies both agricultural and industrial, as well as services with high energy impact, with correct 
mechanisms of proportionality and responsibility. The Fisheries Subsidies Agreement had shown that 
they could achiev e an environmental ceiling on subsidies, which was added to and complemented, 
in parallel, with a trade ceiling negotiated in the ASCM. That should be encouraged as an adequate 
response from taxpayers. As Members implement NDCs and strict targets outside t he organization, 
they should complement it with WTO tools to address the use of taxpayers' money in harmful 
activities for the environment. Without neglecting the need to continue negotiating a ceiling on trade -
distorting subsidies, Members should also be able to discuss a ceiling for environmental purposes. 
The world had likewise been talking about the contribution of technology in the fight against the 
climate crisis and already had an extensive experience on technologies for CO2 mitigation, 
adaptation an d capture. With tools to promote the fastest and widest possible dissemination of these 
technologies, the WTO should accelerate the energy transition under schemes such as the successful 
dialogue model led by the Director -General in the case of vaccines or  taking advantage of the 
flexibilities and encouragement to innovate offered by the TRIPS Agreement, among others.  
4.126.   In recognizing the challenges in taking up these issues at the WTO, Colombia noted that 
they were some alternatives that could put the organi zation at the service of the fight against the 
climate crisis by using its own tools and maximizing its competences. As Members continued the 
current negotiations and regular work, they should work on implementing MC12 outcomes, renew 
the moratoria, have a n operational dispute settlement mechanism, advance the second wave of 
fisheries negotiations, and decide on the MC13 date and venue, among others. At the same time, a 
change of focus or at least adding more areas of focus would be a good idea. Members sho uld stop 
navel -gazing and instead see that the great problems outside should and could be answered with 
the tools they had in the WTO.  
4.127.   The representative of the United States  found this meeting rather interesting because it was 
so random given the many dif ferent areas being taken up. The United States would simply focus on 
one thing – the issue of the Chairs for the COA SS and the NGR. The United States wanted to make 
sure that everybody knew its position. The United States had full confidence in the proces s conducted 
by Ambassadors Chambovey, Castillo and Molokomme and agreed with the Troika's assessment of 
the candidates that could reach consensus. There was a lot of important work that needed to be 
done in these two areas as had been made mentioned by man y delegations. For those who professed 
support for the multilateral trading system every time they intervened, the United States hoped they 
could be practical and let the process continue so Members could move on to the work that they had 
to do, in particu lar with respect to the fisheries negotiations where they had a short timeframe in 
which to get some work done that they had all agreed to get done at MC12.  
4.128.   The representative of Costa Rica , speaking as coordinator of the Joint Initiative on Services 
Domes tic Regulation , reported on the latest developments since the adoption of the Declaration on 
the Conclusion of Negotiations on Services Domestic Regulation on 2 December 2021. At the margins 
of MC12, two additional Members – Georgia and the United Arab Emi rates – and one WTO acceding 
government – Timor -Leste – had announced their decision to join the outcome on services domestic 
regulation. Participation in this outcome currently covered 92.5% of world services trade – a 
significant achievement for the WTO which confirmed the importance that Members attached to this 
outcome as a tool to facilitate the operations of service suppliers and support the development of 
services sectors. In line with the timelines provided in the Declaration, throughout this year, 
participating Members had worked hard internally to prepare for the start of the WTO certification 
procedures which – upon conclusion – would give the commitments on services domestic regulation 
legal effect as part of their GATS Schedules. At present, a l arge number of participating Members 
had already confirmed their readiness to start the WTO certification procedures, while others had 
indicated that they expected to complete the relevant domestic approval procedures in the very near 
future. In consistenc y with the open and transparent nature of this Joint Initiative's process, all WTO 
Members would continue to be informed promptly about any developments.  
4.129.   The representative of Brunei Darussalam  appreciated the Director -General's continuous 
effort and commi tment to follow -up work on the key outcomes from MC12 particularly in organizing 
the retreats on fisheries subsidies and agriculture to maintain the good momentum and brainstorm 
the way forward on these important outstanding matters. Brunei Darussalam atta ched great TN/C/M/43  
 
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  importance in implementing the Ministerial mandates and was currently undertaking domestic 
consultation process for the ratification of the Fisheries Subsidies Agreement. Brunei Darussalam 
also looked forward to the appointments of the COA SS an d NGR Chairs as soon as possible so they 
could lead important work ahead towards reaching meaningful outcomes by the next Ministerial 
Conference. Brunei Darussalam reiterated its commitment to WTO's multilateral trading system and 
would continue to work co nstructively with other Members in finding convergences on outstanding 
issues under the various negotiating groups.  
4.130.   The Chair noted that the discussion had been very rich and that certain things had been 
coming out very clearly in the issues they had touch ed upon that day. She thanked the many 
delegations who had started the process for the deposit of the instrument of acceptance of the 
Fisheries Subsidies Agreement and continued to strongly encourage this so that it could come into 
effect sooner rather tha n later. People wanted to move along on the negotiations. The Ambassador 
of Australia had said that Members had spent the six months since MC12 not delivering anything or 
not much. Many of them had remarked on it and there was a bit of impatience. The Amba ssador of 
China had talked about urgency. Everybody agreed that the task Members needed to deliver leaving 
here was to agree on two Chairs. Members could try all sorts of other ways to keep the discussion 
going but it was not really the Secretariat's role to do that. She wanted to follow strongly on what 
the Ambassador of the United States had said. If that was the only intervention she had made – to 
talk about the Chairs – it was a good one. Members should get on with the job and break out of this. 
So, she  turned to the General Council Chair and the Troika to tell the Membership how it would out 
of this particular situation before leaving this place for the holidays. In spite of the lack of movement, 
she noted that Members remained engaged. At the minimum, that was what they needed in order 
to keep their work going. In the next few weeks, they should break out of the impasse and move 
things along. They should work on WTO Reform, get on with the second phase of fisheries subsidies 
negotiations, make a breakth rough in agriculture, and on the e -commerce work programme and 
moratorium, among many other tasks. Members knew what they had to do. They just needed to get 
on and try to find a way to do it.  
4.131.    The Trade Negotiations Committee took note  of the Chair's state ment and the statements 
of Participants.  
 
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