RESTRICTED  
  
WT/GC/M/201  
 
16 December  2022 
(22-9403) Page: 1/108 
General Council  
6-7 October 2022  Original: English  
 
 
MINUTES OF THE MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD AND IN VIRTUAL FORMAT ON 6-7 OCTOBER  2022 
Chairperson: H.E. Mr. Didier Chambovey (Switzerland)  
The Chair and the Director -General extended deep condolences to  the people and governments of 
the United Kingdom and the Commonwealth on the passing of Her Majesty Queen Elizabeth II . The 
Chair and the Director -General also expressed deep condolences  to the government and the people 
of the Central African Republic  on the pa ssing of  H.E. Mr. Léopold -Ismaël Samba . The General 
Council then observed a moment of silence.  
 
The Chair and the Director -General welcomed H.E. M r. Luc Magloire Mbarga Atangana, Minister of 
Commerce of Cameroon, H.E. Dr. Thani Bin Ahmed Al Zeyoudi, Minist er of State for Foreign Trade 
of the United Arab Emirates, and  H.E. Ms. Luz María de la Mora, Vice Minister of Foreign Trade of 
Mexico  – who then addressed1 the General Council respectively.  
 
The Chair and the Director -General bade farewell to  H.E. Mr. Chad Blackman (Barbados ), H.E. Mr. 
Morten Jespersen (Denmark ), H.E.  Mr. Mustafizur Rahman (Bangladesh ), H.E. Dr. Rashidi Said 
(Malaysia ) and H .E. Mr. Santiago Wills (Colombia ), and expressed appreciation for their valuable 
contribution during thei r time as Permanent Representatives.  
 
Subjects discussed2: 
 
1 REPORT BY THE CHAIR OF THE TRADE NEGOTIATIONS COMMITTEE AND  
REPORT BY THE DIRECTOR -GENERAL  ................................ ................................ ..............  2 
2 IMPLEMENTATION MATTERS FROM MC12  ................................ ................................ ... 19 
2.1 WTO Reform – Statement by the Chair  ................................ ................................ ............ 19 
2.2 Work Programme on Electronic Commerce  – Statement by the Chair  ................................ ..19 
3 REJUVENATION OF WORK PROGRAMME ON ELECTRONIC COMMERCE AND 
MORATORIUM ON IMPOSING CUSTOMS DUTIES ON  ELECTRONIC  
TRANSMISSIONS – REQUEST FROM INDIA AND SOUTH AFRICA  ................................ .... 43 
4 PARAGRAPH 8 OF THE MINISTERIAL DECISION ON THE TRIPS AGREEME NT  
ADOPTED ON 17 JUNE 2022 - DOCUMENT WT/MIN(22)/30 (MINISTERIAL  
DECISION  ON THE TRIPS AGREEMENT OF 17 JUNE 2022) – REQUEST FROM  
SOUTH AFRICA,  INDIA, INDONESIA, EGYPT, PAKISTAN AND ARGENTINA  
ON BEHALF OF THE CO -SPONSORS OF IP/C/W/669/REV.1  ................................ ...........  52 
5 TRADE RELATED CHALLENGES OF THE LEAST DEVELOPED COUNTRIES AND  
WAY FORWARD: PROPOSAL FOR A WTO SMOOTH TRANSITION PACKAGE IN  
FAVOUR OF COUNTRIES GRADUATED F ROM THE LDC CATEGORY  – REQUEST  
FROM DJIBOUTI ON BEHALF OF THE LDC GROUP  ................................ ...........................  63 
 
1 The statements of H.E. Mr. Luc Magloire Mbarga Atangana  (Cameroon) , H.E. Dr. Thani Bin Ahmed Al 
Zeyoudi  (United Arab Emirates) , and H.E. Ms. Luz María de la Mora  (Mexico) can be found in Annex 1, 2 and 3 
of this document, respectively.  
2 The proposed agenda was circulated in document WT/GC/W/ 854. WT/GC/M/201  
 
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  6 COMMITTEE ON BUDGET, FINANCE AND ADMINISTRATION – REPORT ON  
MEETING  OF 15 JULY 2022  ................................ ................................ ............................  71 
7 IMPLEMENTATION OF THE BALI, NAIROBI AND BUENOS AIRES OUTCOMES – 
STATEMENT BY THE CHAIR  ................................ ................................ ............................  72 
8 WORK PROGRAMME ON SMALL ECONOMIES – REPORT BY THE CHAIR OF THE 
DEDICATED SESSION OF THE COMMITTEE ON TRADE AND DEVELOPMENT  ....................  77 
9 WTO PENSION PLAN  ................................ ................................ ................................ ... 81 
9.1 Annual Report and Financial Statements for the year ending 31  December  2021 .................. 81 
9.2 Report of the Independent External Auditor on the Audit of the Financial Statements  
of the World Trade Organization Pension Plan (WTOPP) for the year end ed  
31 December 2021  ................................ ................................ ................................ ............. 81 
10 OTHER BUSINESS  ................................ ................................ ................................ ...... 82 
10.1 Statement by the Chair in connection with Administrative Measures for  
Members  in Arrears  ................................ ................................ ................................ ............ 82 
ANNEX 1 – ADDRESS DELIVERED BY H.E. MR. LUC MAGLOIRE MBARGA ATANGANA, 
MINISTER OF COMMERCE OF CAMEROON, TO THE GENERAL COUNCIL  ...........................  84 
ANNEX 2 – ADDRESS DELIVERED BY H.E. DR. THANI BIN AHMED AL ZEYOUDI,   
MINISTER OF STATE FOR FOREIGN TRADE OF THE UNITED ARAB EMIRATES,   
TO THE GENERAL COUNCIL  ................................ ................................ ............................  84 
ANNEX 3 – ADDRESS DELIVERED BY H.E. MS. LUZ MARÍA DE LA MORA,   
VICE MINISTER OF FOREIGN TRADE OF MEXICO, TO THE GENERAL COUNCIL ................  88 
ANNEX 4 – STATEMENTS BY MEMBERS AT THE INFORMAL GENERAL COUNCIL   
MEETING  HELD ON 4 OCTOBER 2022  ................................ ................................ .............  90 
 
1  REPORT BY THE CHAIR OF THE TRADE NEGOTIATIONS COMMITTEE AND REPORT BY 
THE DIRECTOR -GENERAL  
1.1.  The Chair  recall ed that, at the Informal General Council meeting on 4 October , he had  updated 
Members on the ongoing consultations regarding vacant chairmanships of the C ommittee on 
Agriculture in Special Session (C oA SS ), the Negotiating Group on Rules  (NGR) and the Commit tee 
on Trade and Environment in Special Session ( CTE SS ) – and he referred to his report circulated in  
document  JOB/GC/318. He encourage d group coordinators to step up their efforts and consult with 
their constituencies and reach out to other Members not p art of a regional grouping. He hoped that 
Members  would arrive at an emerging consensus as soon as possible. In terms of next steps, he 
said that he intend ed to continue consultations together with the former G eneral Council  Chair, 
Ambassador Dacio Castill o (Honduras) , and the current DSB Chair, Ambassador Athaliah 
Molokomme  (Botswana) , and bring th e process to a good end.  He then invited the Director -General 
to provide her report under this item.  
1.2.  The Director -General  delivered the following statement3: 
1.3.  Let me begin on behalf of the WTO Secretariat by sending deepest sympathies to the People 
and Governments of the United Kingdom and the Commonwealth on the passing of Her Majesty 
Queen Elizabeth II who was a constant figure of strength, service, and duty.  
1.4.  I would also like to pay tribute to a remarkable friend and brother, Ambassador Samba – a 
powerful force that the International Community and diplomatic corps in Geneva lost. We celebrate 
and emulate his extraordinary life as a tireless advocate for trade -led development, the environment, 
democracy, and health for all. From my early days in Geneva, I was struck by Ambassador Samba's 
charisma, devotion and service to the African Group of Ambassadors and technical experts. He 
spared no efforts in safeguarding t he interests of his country, of the African continent, and of the 
wider group of least -developed countries across several International Organizations in Geneva and 
abroad. He did not have a great deal of resources to work with, but he worked hard, and he d elivered 
 
3 The Director -General's statement was subsequently circulated in document JOB/GC/319.  WT/GC/M/201  
 
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  much. On behalf of all the WTO family, let me extend deepest condolences to Ambassador Samba's 
family and the people of the Central African Republic.  
1.5.  Before I turn to this agenda item, I would also like to join the GC Chair in welcoming H.E. Mr. 
Luc Magloire Mbarga Atangana, Minister of Trade of Cameroon, and H.E. Dr. Thani bin Ahmed Al 
Zeyoudi, Minister of State for Foreign Trade of the UAE, and thank them for their statements this 
morning and their governments for their offers to host MC13. This is a testament to their 
commitment to the multilateral trading system.  
1.6.  I understand that the GC Chair will start consulting Members on this matter soon and I hope 
for swift convergence on the date and venue of the next Ministerial Conference.  
1.7.  I would also  like to thank – H.E. Luz Maria de la Mora Sanchez, Vice Minister of Foreign Trade 
of Mexico, for her remarks and for Mexico's constructive and active participation in WTO work.  
1.8.  I join the GC Chair in welcoming new Permanent Representatives and bidding fa rewell to 
departing ones. I already made my farewell remarks to Ambassador Santiago Wills at last week's 
meeting of the Negotiating Group on Rules. I understand that Ambassador Wills' statement 
containing his reflections as NGR Chair was circulated in docu ment TN/RL/35.  
1.9.  I would also like to bid farewell to Ambassador Mustafizur Rahman (Bangladesh), Ambassador 
Morten Jespersen (Denmark), Ambassador Rashidi Said (Malaysia) and Ambassador Chad Blackman 
(Barbados) – who have played key roles in various WTO bod ies and processes, particularly at MC12. 
Thank you all for your commitment and contributions to the WTO. Wherever your future endeavours 
take you, and I want to congratulate all of you because all of you are moving to interesting 
assignments, I hope you wi ll all remain advocates for a strong and effective multilateral trading 
system.  
1.10.   Turning now to my report. Last week's Public Forum welcomed more than 3,500 registered 
participants from across the world to discuss how trade and the WTO can contribute to a s ustainable 
and inclusive recovery from the shocks of the past two and a half years. Over 140 sessions and 600 
speakers from diverse fields facilitated these discussions. I hope the exchanges and new ideas we 
have heard will help inform and stimulate our wo rk here in Geneva.  
1.11.   I want to take a moment to commend the Secretariat team for their excellent organization of 
the entire event. I was in many sessions walking around and the buzz that went on in this Public 
Forum is a testament to this organizational ski ll and the fact that Members and visitors enjoyed this 
event and enjoyed seeing each other in person after such a long time. I want to thank Members 
because many of you were active as speakers on panels, participants as well as support for various 
panels a nd that really made it work well. So, congratulations to all of you.  
1.12.   Making the WTO more responsive to the needs of people starts from all of us listening to their 
views and concerns. That is why engaging the public in our work is so important – and I was glad to 
hear a number of you refer to this at Tuesday's informal GC. We had examples from the UK and 
Korean delegations.  
1.13.   To this end, I continue to think it would be useful for me to be able to consult a group of civil 
society and business who are very in tent on having continuous interactions with us. Of course, they 
do it through the public forum. But, I have heard so many submissions now about trying to have a 
group that will interact with me to be able to feed in their views of what we are doing in a mo re 
continuous fashion. Perhaps having such a group of stakeholders and that one consults from civil 
society and business is a good thing and something I am thinking very much of putting in place.  
1.14.   The goal of ensuring that trade contributes as much as possi ble to improving people's lives 
and livelihoods is what lies behind my constant call for the WTO to deliver results. As we begin to 
lay the foundations for a more responsive WTO and a successful MC13, we should remember that 
we do not need to wait for a Mi nisterial Conference to deliver results.  
1.15.    As TNC Chair, this means facilitating negotiations and helping you build convergence on a 
focused, solutions -oriented agenda. In that spirit, we all agreed that there are certain things that WT/GC/M/201  
 
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  we can deliver here at  the General Council. We need not pack everything and wait for a Ministerial 
Conference. I hope we will be true to our word and try to sort out some of our deliverables here at 
the General Council.  
1.16.   Part of the work we need involves swiftly filling the vaca ncies the Chair just highlighted on 
the Committee on Agriculture in Special Session, Negotiating Group on Rules and Committee on 
Trade and Environment in Special Session. I reiterate my call from Tuesday to constructively engage 
in this appointment process . Please help the GC Chair and Ambassadors Molokomme and Castillo to 
build convergence on the Chairmanships as soon as possible. It would have been ideal if we could 
have the points people before the upcoming retreats, but I know the fisheries retreat is a lmost upon 
us. In any case, I certainly hope that before the agriculture retreat, we will have very clear 
knowledge of who will be filling these various vacancies.  
1.17.   Turning to our many areas of substantive work, many of the Leaders and Ministers I have 
recently spoken to want to see Members seriously engage on reforming agricultural trade. Numerous 
civil society groups share this sentiment.  
1.18.   I recognize the efforts made over the past 22 years since the reform mandate took effect. 
There have been good ideas, and some valuable steps such as the Nairobi decision on export 
competition – which was quite consequential. But the experience up to and at MC12 showed us that 
if we are going to make serious progress, we need a fresh approach.  
1.19.   This work could not be more  urgent, as people struggle with high food prices, and global 
agricultural production confronts climate risks, water scarcity, and supply chain issues for fertilizer, 
seeds, and other key inputs. At the recent UN General Assembly which I attended, food sec urity was 
high on the agenda for Leaders from all around the globe. And I participated in no less than three 
sessions on food security. While the MC12 decisions in response to the food crisis are widely 
appreciated, WTO agriculture negotiations can and mus t contribute more to addressing these 
challenges.  
1.20.   We must recognize also that much has changed since these negotiations began. We are no 
longer today where we were 22 years ago. Much of the context in which agriculture takes place has 
changed. I would hop e that at the retreat on 24 October, we will be able to listen to new ideas from 
scientists and agricultural trade specialists who would take through some of the changes that they 
see in the world. If we stand back and absorb this information, I hope it wi ll animate the way we 
think about approaching agricultural negotiations. So, this will not be an exercise in academics or 
just having theoretical presentations. It is an exercise in telling us what is really happening on the 
ground and challenging us to se e how we should factor these developments into the way we 
approach agriculture negotiations in the future. I hope this retreat will work and serve as a catalyst 
to help Members think freshly and innovatively. I hope we will not just retreat back into our n ormal 
statements but really come with open minds and fresh approaches.  
1.21.   I acknowledge the efforts of the Cairns Group in organizing their own retreat on rethinking 
the agriculture negotiations – particularly in light of urgent present and long -term climate  and water 
challenges. I also recognize efforts by other Members in reaching out to each other – and I encourage 
everyone to continue brainstorming and testing ideas – especially with those who have different 
views.  
1.22.   Let me briefly refer to the MC12 Ministe rial Declaration on Emergency Response to Food 
Insecurity – and encourage Members to implement those provisions. I want to draw particular 
attention to the needs of LDCs and NFIDCs. Let me congratulate Members who are taking trade 
facilitation measures. We  always forget that Members are actively doing this and there 46 trade 
facilitation measures that have been taken since the war in Ukraine began. I also want to draw your 
attention with regard to the portion of the declaration on export restrictions and pr ohibitions. 
Previously, a month or two ago, we are moving in the right direction with respect to our promise to 
keep export prohibitions and restrictions down so that we can ensure the free flow of trade in food. 
We were at 57 export restrictions since the  war began and we had phased out 15 – coming down to 
a total of 42. But I have to draw your attention that we are going back in the opposite direction. We 
have now added 11 new restrictions on food, fertilizer and other inputs, and we are back to 53. This 
is certainly not a trend to be applauded. I would like to strongly request Members to please look at 
this because these export restrictions and prohibitions do have an impact on international prices for WT/GC/M/201  
 
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  food and they do have an impact on the availability o f inputs such as fertilizers moving from one 
part of the world to the other where it is needed. I would like to see us reverse this trend and be 
able to report that we are moving back in the right direction.  
1.23.   At the UN General Assembly, there was a meeting with President Macron and some other EU 
and G20 Leaders and the Heads of Multilateral Organization on what we need to contribute to the 
issue of food security. At the end of this meeting, tasks were divvied up for the multilateral 
organizations to deliver.  What was asked of the WTO is to make a report before the G20 Leaders in 
November about where we stand and how we are doing on this declaration on keeping a free flow 
of food trade and trade in agricultural inputs. So, we and the FAO have to report on this , and it 
would not look good if what we would have to report was a reversal in the trend. For the WTO to be 
seen as contributing to the solution to this problem, we need to look at what we are doing. This is a 
strong plea to enable us to put our best foot forward in November with the Leaders of G20 and the 
world.  
1.24.   With regard to special and differential treatment the 57th Special Session of the CTD met on 
23 September. I understand that a suggestion was made to intensify discussions with a view to 
reporting  to the General Council in July 2023. I am informed that the CTD SS Chair – Ambassador 
Kadra Hassan, has been reaching out informally to Members in an attempt to inject dynamism in 
these discussions. Let us recall that Ministers provided clear direction at  MC12 on improving the 
application of special and differential treatment in this regard, as enshrined in Paragraph 2 of the 
Outcome Document.  
1.25.   I therefore urge all Members to constructively engage with the CTD SS Chair, as well as with 
each other, in search  of mutually agreeable solutions. I recognize the different views put forward by 
Members on S&DT and on development issues in general. These are very big issues. But, as MC12 
showed us, with sufficient political will and flexibility we can find creative so lutions for the common 
good.  
1.26.   Regarding fisheries subsidies, you have already received the invitation for the retreat on 10 
October in Evian. A logistical note was also sent this week. Five Ambassador Facilitators have 
volunteered to help run the brainstorm ing sessions and the former Chair – Ambassador Santiago 
Wills has been invited as an expert, which many of you support. He will help us to navigate and lead 
this retreat. I think this retreat will be an excellent opportunity to really think outside the box  on 
how best to tackle the outstanding but also difficult issues. Ambassador Wills, no longer being with 
us but knowing the subject, is uniquely placed to help us in an objective fashion to try and navigate 
these waters. So, I again want to urge all Member s to come with an open mind to engage in true 
brainstorming mode.  
1.27.   We need to successfully conclude these negotiations. If we fail to do so the new agreement 
will sunset four years after its entry into force – an outcome that would be devastating for our 
oceans, for the millions of people who depend on marine fisheries, and for our credibility here at the 
WTO.  
1.28.   Let me also call on Members to deposit their instruments of acceptance for the Fisheries 
Subsidies Agreement, so that its disciplines enter into force as soon as possible. I am challenging 
Members to do this within the next six to nine months. Our oceans cannot wait.  
1.29.   Let me also encourage Members to intensify work and reach a mutually acceptable outcome 
on Paragraph 8 of the TRIPS Decision from MC1 2, namely whether to extend the compromise 
reached for COVID -19 vaccines to cover therapeutics and diagnostics. The 17th of December is fast 
approaching. I therefore urge all Members to constructively engage in the discussions in the TRIPS 
Council under th e leadership of the Chair, Ambassador Gberie. We have heard H.E. Luz Maria de la 
Mora Sanchez of Mexico say that this will not be easy. I agree with her. But Mexico has stated its 
willingness to come with an open mind to see how they can constructively wor k with everyone 
towards this decision. I want to thank Her Excellency for this open mind. I hope we will all emulate 
Mexico and come with an open mind so we can reach a sensible decision for the benefit of all.  
1.30.   On WTO reform, as I said on Tuesday, this is  the subject most frequently raised by 
stakeholders I have met since June as well as Leaders and Ministers including at recent meetings of 
the G7 and the G20 Trade Ministers. This morning, we had the pleasure to receive a delegation of WT/GC/M/201  
 
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  the United States Co ngress – the House, Ways and Means Committee. They also raised this issue as 
something front and centre. They recognized and applauded the success at MC12, but they stressed 
that WTO reform is key to members of the US Congress and the business community. T hey continued 
their support and recognition of the WTO as an organization that is important to address the 
problems of this world. Absent the movement on this reform, the WTO will not be seen as delivering. 
So, I just want to use an example, hot off the pr ess, to let us know that we really have to work on 
issues of WTO Reform. I listened carefully to the Chair's report and your interventions. As I said 
then, the coverage of WTO Reform is quite large. Therefore, attempting to act on all fronts at once 
would lead us to gridlock. I am sure of that. This is why a hybrid approach – bottom -up for the 
deliberative function in WTO bodies and top -down in identifying one or two cross -cutting issues that 
we can deliver possibly at MC13 would be a very good way to appro ach this. All I ask is that we do 
not allow this reform process to end up in gridlock.  
1.31.   As I pointed out on Tuesday, the business community – like all Members – attaches a high 
level of importance to the reform of the dispute settlement system. We must ther efore act with a 
sense of urgency in line with paragraph 4 of the MC12 Outcome Document whilst giving full space 
with to the process that is underway now of consultations led by the United States to have its time 
until the end of the year, as they have req uested.  
1.32.   As we implement the MC12 outcomes and move ahead with WTO Reform, Members also have 
an opportunity to discuss the future of trade – which I remain convinced, and I say this everywhere, 
that the future of trade is services, digital, green and should  be inclusive. We must build on the 
positive momentum from your successes at MC12 – and various MC12 outcomes begin to point to 
ways forward.  
1.33.   On the green aspect of the future of trade, I wanted to report that last month, I attended the 
Global Center on Ad aptation's Summit on Africa, where we looked at the international community 
for commitments and action to support Africa's climate adaptation needs and a just low -carbon 
transition. It was clear from the discussions there that for African countries, and in deed for all WTO 
Members, trade and trade policies have integral roles to play in enabling climate adaptation and 
ensuring a green, sustainable, and development -friendly future for all.  
1.34.   I want to use this opportunity to say to all of you that COP27 in Sha rm El Sheikh will soon be 
upon us. We are looking towards a strong WTO presence at Sharm El Sheikh just as we did at COP26 
in Glasgow. We want to thank the Egyptian authorities for receiving our mission and working with 
us to make sure the WTO presence is a strong one. We have a report coming forward that we can 
be proud of. It is on trade and climate. That is a flagship report for this year. We want to demonstrate 
what climate change may mean for trade but also what trade can do to help us reach our target  of 
net zero by 2050.  
1.35.   Before I conclude my report, let me touch upon the date of the next TNC. Delegations will 
recall that on Tuesday, in response to the question posed by Ambassador Cancela of Uruguay, I said 
that I had not convened a TNC ahead of this G eneral Council because I wanted to allow more time 
for discussions on various subjects to advance. My intention therefore is to hold a Formal TNC 
meeting on 30 November to take stock of work, including the discussions at the fisheries and 
agriculture retre ats. The formal convening notice for this meeting will be sent to Members shortly – 
but please kindly pencil this in your calendar.  
1.36.   In the meantime, I urge all Members to continue efforts to build convergence. Let us engage 
more in frank conversations tha t lead to solutions acceptable – and beneficial – to all. Let the WTO 
be an institution that people can rely on to deliver during difficult times such as these.  
1.37.   I have just been given a note, to say that the agriculture retreat will be on the WTO campus 
and not in Evian. There has been a strong request that some people may want to have people from 
their capital to join. I think we make use of the facilities here.  
1.38.   I remain hopeful that with our brilliant Permanent Representatives and delegates in Geneva, 
and the support of your respective capitals, together, we will find ways to keep improving people's 
lives.  WT/GC/M/201  
 
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  1.39.   The representative of the Kingdom of Saudi Arabia , on behalf of the Arab Group , delivered 
the following statement:  
1.40.   I would like to reiterate the Arab  Group full support to the United Arab Emirates' offer for 
hosting MC13. We consider this generous offer as a clear sign of the UAE's commitment to the 
multilateral trading system. The achievement of the Geneva Package at MC12 is a laudable 
milestone. The outcomes achieved are indeed the fruits of our collective efforts, strong commitments 
and hard work. They demonstrate that WTO Members can come together to find solutions and deliver 
constructive outcomes for the benefit of their people. In preparing the w ay forward, we need to be 
guided by the same faith and sense of responsibility to the Multilateral Trading System. A long list 
of outcomes is on the table and we need to seize the momentum and continue to work in the same 
spirit that we have witnessed at M C12. Therefore, we would like to stress that the outcomes of MC12 
should be implemented in a way that is satisfactory to all. In these challenging and uncertain times, 
it is our collective responsibility, indeed our mandate, to continue working together an d to speed up 
the process of the implementation of the Geneva Package particularly, the package on WTO response 
to emergencies. Having said that, let me now move to highlight the Arab Group general views on 
certain areas. On the WTO reform, we emphasize th at the overall WTO reform should reaffirm the 
founding principle of the WTO and must be open, transparent, inclusive and considering every 
Member's concerns. The reform should also promote greater linkages between trade rules and 
development. We believe th at discussions on WTO reform should focus, among other issues, on the 
current impasse of the Appellate Body, with a view to having a fully and well -functioning dispute 
settlement system accessible to all Members by 2024. On fisheries subsidies, we are awar e that 
much work ahead of us to implement the Agreement, particularly the need for Members to align 
their policies at home to implement the Agreement and preparing for further negotiations in Geneva. 
On agriculture, we stress the paramount importance of ag riculture to our economies. We all aware 
that the issues surrounding agriculture are not easy to reconcile. But we would urge all members to 
work closely with each other and strive for concrete outcomes at MC13. On accession, we commend 
the commitment by o ur Ministers at MC12 to facilitate the conclusion of ongoing accessions, 
especially for least -developed countries 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 remains committed to work constructively post MC12 and towards 
meaningful outcomes in MC13 that would serve the interests of all WTO Members.  
1.41.   The representative of Kazakhstan  delivered the following statement:  
1.42.   Let me start by welcoming His Excellency Minister of Commerce of Cameroon Luc Magloire 
Mbarga Atangana, His Excellency, UAE's Minister of Foreign Trade Thani bin Ahmed Al Zeyoudi, and 
Her Excellency, Vice -Minister of Mex ico Luz Maria de la Mora, and thank them for their statements.  
1.43.   We wish both Cameroon and the United Arab Emirates all the best and success in their bid to 
host MC13.  
1.44.   Kazakhstan was honoured to chair the 12th Ministerial Conference and co -host this import ant 
event with the WTO Secretariat and the Swiss Government. We are grateful for the fruitful 
cooperation and support from all Members, the GC Chair, and the excellent professional team of the 
WTO Secretariat, led by DG Dr. Ngozi, for all the support and a ssistance that we enjoyed in the 
course of preparations for MC12, despite unprecedented challenges, we all faced due to COVID -19 
pandemic as well as during the MC12 itself.  
1.45.   By its commitment undertaken while joining the WTO in 2015, and as a recently acce ded 
Member of the organization, Kazakhstan has always demonstrated its strong commitment to 
strengthening the multilateral trading system. In this regard, I am pleased today to inform you that 
President K. Tokayev issued a decision on 28 September 2022 to establish a separate dedicated 
Permanent Mission of the Republic of Kazakhstan to the WTO. I firmly believe that opening the 
Permanent Mission to the WTO will allow our country to further enhance its participation and play 
an active role in the work of the  Organization with particular emphasis on the implementation of 
MC12 decisions, including the WTO reforms, representation of interests of landlocked developing 
countries and supporting the acceding countries from our region. These will be the major priorit y 
issues for our work in the WTO. So, we look forward to continuing our joint work with Members and 
the Secretariat in the future.  WT/GC/M/201  
 
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  1.46.   The representative of Australia  delivered the following statement:  
1.47.   While we continue to congratulate ourselves on the success  of MC12, it is perhaps now time 
to start focusing on how to implement its outcomes and build towards MC13. I will keep my 
comments brief, as much of our statement can be read into the record from our statement on 
4 October. We recall that we also there ma de the point that we need early ratification and entry into 
force of the Fisheries Subsidies Agreement – an Agreement which is so important for our region, the 
Pacific. Our work here is of great significance to every member, facing significant challenges o f 
increased food insecurity, economic uncertainty and climate change. MC12 was a success, but it was 
not in agriculture. This failure, the 11th out of 12 WTO Ministerials, indicates that the current system 
is not working. It is now clear – and it was also one clear conclusion from last month's Cairns Group 
Retreat –that we need to find a new way forward. I would like to thank the various partners who 
took up our invitation to participate, including Barbados, Cameroon, China, the EU, Japan, Nigeria 
and the U S. We also want to thank the Director -General for attending, and the OECD Secretary -
General, Mathias Cormann, for his contributions. Things cannot stay as they are. We need new ideas. 
We cannot return to the situation where Members are implacably opposed t o each other. Changes 
are needed in relation to the imperatives for reform, beyond economic and development dimensions. 
Changes are also required in our negotiating approaches. Many have asked on what the next steps 
should be. We are currently reflecting o n this, but want to take this agenda forward in partnership 
with the rest of the membership. In this regard, we look forward to contributing to the 24 October 
retreat being led by the Director -General.  
1.48.   The representative of Samoa , on behalf of the Pacific Group , delivered the following 
statement:  
1.49.   On fisheries subsidies, the Pacific Group remains committed to continue negotiations building 
on the partial Agreement on Fisheries Subsidies adopted at MC12. The completion of this outstanding 
work is important to  fully deliver on SDG 14.6. As envisaged in paragraph 4 of the MC12 Ministerial 
Decision, this negotiation must aim towards a comprehensive agreement including overcapacity and 
overfishing as well as appropriate and effective special and differential treat ment for developing 
countries with a view to making recommendations to MC13.  
1.50.   We join the DG in urging Members to engage constructively at the upcoming retreat on 
fisheries to find a way forward on substantive issues to be negotiated and the process for 
negotiations; let us utilize the retreat to brainstorm for a true and sincere outcome for fisheries.  
1.51.   On development issues, the Pacific Group remains committed to progress this work in line 
with paragraph 2 of MC12 outcome document. We urge Members to be open  minded to address this 
longstanding issue. Let us be confident and continue the good work that has begun.  
1.52.   The representative of Cameroon , on behalf of the African Group , delivered the following 
statement:  
1.53.   Since this is our first formal meeting since the d emise of H.E. Ambassador Ismael Leopold 
Samba, Dean of the African Group in Geneva, on behalf of the African Community in Geneva and 
late Ambassador Samba's family, I would like to express our heartfelt gratitude for all your 
condolence messages and suppor t during those difficult moments.  
1.54.   Coming back to our order of business, the African Group takes note of the report by the 
Chairperson of the Trade Negotiations Committee. We also thank you, Chair, for your report, and 
we take note of all the important poin ts you have raised this morning. We would like to recall our 
statement delivered on 7 July 2022 and we request that the statement should be reflected under 
agenda item 1 of this meeting.4  
1.55.   In addition, considering the reports presented to us this morning, the African Group would 
like to place an urgent call to all Members to implement the Decisions taken by all our Ministers, in 
this same room, barely three months ago.  
 
4 The statement is contained in WT/GC/M/200, page 96 -97, and is incorporated by reference in the 
record s of this meeting.  WT/GC/M/201  
 
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  1.56.   Although we have a de adline to decide on the extension of the MC12 Decision to cover the 
production and supply of COVID -19 diagnostics and therapeutics, by the end of November 2022, it 
is regrettable that Members are not engaging in good faith in the discussions taking place i n the 
Council for TRIPS.  
1.57.   On agriculture, we welcome the General Council's efforts to fill up the vacant position in the 
CoA-SS as a matter of urgency. Our Group will continue to stress the vital importance of the 
agricultural sector in our economies. An ou tcome on public stockholding for food security purposes, 
domestic support, Special Safeguard Mechanism (SSM), and cotton at MC13 must be a priority in 
this Organization.  
1.58.   The Group welcomes the DG's call for a retreat on fisheries subsidies on 10 October 2 022. We 
are of the view that work relating to overcapacity and overfishing should start without delay. This 
also necessitates that we elect a new Chairperson for the Negotiating Group on Rules without delay.  
1.59.   Let me close by reiterating our strong importan ce to the Development file in the WTO. We 
would like to stress that an outcome in this area will be crucial as we prepare for MC13. We, 
therefore, call on the DG, as Chairperson of the Trade Negotiations Committee to facilitate the 
constructive engagement of all Members in the CTD -SS, to move this file forward.  
1.60.   The representative of the European Union  delivered the following statement:  
1.61.   I will not repeat the points I made on 4 October, but will only highlight some more salient 
points. We need to ensure that the Agreement on Fisheries Subsidies enters into force soon. The 
European Union has started its internal procedure for the adoption of the agreement. We hope that 
other WTO Members will do likewise. Secondly, we support the establishment of the trust fund for 
technical assistance and capacity building on fisheries. We encourage other Members to join us and 
make this work. Thirdly, we need to follow up on the MC12 Ministerial Decision and complete the 
agreement with the missing elements in line with SDG 14.6 . In this respect, I look forward to the 
upcoming retreat and to the exchanges we will have on Monday. On agriculture, we need a new 
approach in the negotiations, which would move the membership away from the stalled discussions, 
and on the other hand inte grate pressing issues related to food security, poverty, climate, and 
environment and last but not least sustainable production. The European Union sees merit in 
continuing the work on improving transparency in agriculture. Transparency is a cornerstone of  the 
current discussions on food security. The European Union also remains engaged in the 
implementation of the MC12 declaration on the response to food insecurity, which we see as an 
important test for the membership in keeping the momentum created by MC1 2 and building 
positively on the outcomes of the Ministerial.  
1.62.   On development, the European Union considers that it remains as a main challenge for the 
WTO. There is a need to identify ways in which WTO can support efforts of those countries facing 
particul ar difficulties on integrating into the global trading system. There should be a forward -looking 
discussion that looks into current challenges, such as support for a smooth transition in the case of 
LDC graduation, or support for regional integration among  developing countries, and especially the 
least-developed ones. The African Continental Free Trade Area is a case in point. The European 
Union is ready to engage constructively in discussions on how to reinforce the role of the Committee 
on Trade and Devel opment as a forum for deliberations; as well as in the forthcoming consultations 
foreseen by the Committee on Trade and Development Special Session, which the Chair is carrying 
out. The European Union remains committed to supporting the multilateral tradin g system - also 
because we believe a rules -based international order best serves the interest of all countries, 
including the smaller and more vulnerable ones. This is why the European Union firmly and 
unequivocally condemns Russia's continued aggression i n Ukraine, and in particular last week's 
illegal annexation of territory that does not belong to Russia, in the Donetsk, Luhansk, Zaporizhzhia 
and Kherson Oblasts. As on other continents, across Europe, people are feeling the consequences of 
Russia's war. But we reiterate that the European Union firmly stands with Ukraine and will continue 
to provide all support necessary for as long as it takes.  
1.63.   The representative of the United Kingdom  delivered the following statement:  
1.64.   Let me echo my Australian colleague' s comments by thanking you for your message of 
condolence and that of the DG on the death of her late Majesty, Queen Elizabeth II, and let me WT/GC/M/201  
 
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  thank my colleagues, around this room so many of whom came to sign our condolence book during 
our days of national  mourning. We were very touched by the outpouring of sympathy across the 
world, not just in the realms and Commonwealth, but beyond that as well, so thank you, each and 
every one of you, who's expressed their condolences, personally or officially. Let me e cho your 
comments, and those of so many others about our dearly departed friend and colleague, Ambassador 
Samba, a man who I was privileged to call a friend and whose wisdom and wit will be long 
remembered in this building and across Geneva. He will genuin ely be greatly missed.  
1.65.   DG, I could not agree with you more that the future of trade is services, it's digital, it's green 
it's inclusive. That is what we should all be aspiring to in this Organization and therefore I also agree 
with you that it was great t o feel the buzz in this building during the Public Forum. We were delighted 
to have so many British businesses and British civil society here, representing hundreds and 
thousands of firms and of employees and workers across the British economy. They were h ere 
because the WTO matters to them and the future of trade matters to them, and I only wish that our 
engagement, as you said, with business and civil society was not once a year - however great an 
event it is, however well organi zed it was by the Secretar iat. I would like to see, I think as you 
suggested, more of that engagement to inform our work here. To hear those voices from the frontline 
of business and civil society about how we can make a difference to their firms, their employees as 
they try and gr ow their businesses.  
1.66.   If I may take my UK hat off for a second. Of course, a lot of that buzz last week were around 
issues of sustainability and the environment - as you suggested. So, I am very much looking forward, 
with my other sustainable hat on, as Cha ir of the CTE, to the Environment Week and I hope we can 
continue again to hear voices of those outside these rooms and bring in their ideas, their energy 
into our work inside this Organization.  
1.67.   Let me just say, picking up the comments by others, about the  Fisheries Subsidies Agreement 
- it is so important that we build on this success from MC12, on our first environmental agreement 
but we have to make it a reality now and get that ratification process underway.  
1.68.   I am delighted too that we are having the re treats that you have mentioned, and I think it is 
really important, in the location you just announced of the agriculture retreat, that those retreats 
too are inclusive. That we ensure, in the manner that we hold them, that as many Members as 
possible can participate and we hear those voices from delegations large and small, developed and 
developing, as we work to build on MC12.  
1.69.   Last, but not least to echo the comments from our European colleagues. It was in this General 
Council back in February, that we l earnt of the start of the Russian war of aggression against Ukraine. 
I said then, and I say now, that it was a floating of international law, of the very rules and 
assumptions that we have made in this Organi zation and across the multilateral system for de cades 
and that floating of international law was no more palpable than in last week's purported annexation 
of 90,000km of the sovereign territory of a Member of this organization. We will not accept that, 
and we will stand with the people and government of  Ukraine for however long it takes to ensure 
that their country is liberated. But we have an important role here in all of this - you have hinted, 
DG, this morning to the role that we can and should play in ensuring that the effects of Russia's 
aggression against Ukraine are not felt by those in the developing world suffering from the food 
crisis. At the heart of that, has to be to resist the temptation, an easy one for us all, to add additional 
export restrictions that only make this crisis worse. The answ er is trade and an end to the war.  
1.70.   The representative of Japan  delivered the following statement:  
1.71.   I would like to make report on behalf of the co -convenors of E -Commerce JSI negotiation at 
this juncture. This statement is made on behalf of Australia, Japan  and Singapore. After the previous 
report which was made in July, co -convenors held plenary meetings and small group meetings in 
hybrid style from 12 to 15 September. During this four -days period, we had plenary meetings, small 
group meetings, as well as i nformation sessions for several text proposals. We saw good 
convergence for some of the texts, including Electronic Transaction Framework and Cybersecurity 
during this period, and we hope that we could come close to the emerging consensus for these texts 
in the next cluster meetings. On Open Internet Access, which is one of the very important provisions 
in the possible agreement, while there has been a high degree of support for the landing zone in the 
small group, one Member continue having reservations ab out one element of the text. Therefore, WT/GC/M/201  
 
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  the facilitator and co -conveners will continue bilateral consultation with that Member instead of 
holding further meetings of this small group. We also recognize Members' request for discussing 
horizontal issues, inc luding development -related issues, legal architecture and general provisions. 
Co-conveners well noted such request and will address these issues in coming cluster meetings. We 
will hold meetings with this intensive modality on a regular basis, hopefully wi th greater participation 
from capitals, in order to achieve further progress of this negotiation this year. We would like to 
thank all participants for their hard work and look forward to making further good progress this year.  
1.72.   Lastly, I would like to com e back to our national position. I would like to register one thing 
following up on the European Union and the United Kingdom, that is, the recent announcement of 
the 'incorporation'' of four states in Ukraine by the Russian Federation. Such acts in the ar eas that 
have been forcibly put under Russia's temporary control by Russia's aggression are nothing but 
attempts to acquire territory by force and go against international law, including the United Nations 
Charter. Such attempts are invalid and go diametri cally against the principle of the rule of law in the 
international community. Japan strongly urges Russia once again to stop the aggression and 
withdraw its forces from the territory of Ukraine within its internationally recognized borders 
immediately. Ja pan will also continue to work firmly on the two pillars of imposing strong sanctions 
against Russia and supporting Ukraine, in cooperation with the international community.  
1.73.   The representative of Qatar  delivered the following statement:  
1.74.   At the outset, I wo uld like to bid farewell to the Permanent Representatives who will be leaving 
their post in Geneva and welcome new colleagues. I'd like also to warmly welcome H.E. Dr. Thani 
bin Ahmed Al Zeyoudi, Minister of State for Foreign Trade in the UAE. We appreciat e and support 
the proposal of the UAE for hosting the WTO's 13th Ministerial Conference. We align ourselves with 
the Arab Group in supporting the UAE's offer for hosting MC13.  
1.75.   Our warm welcoming also to H.E. Luc Magloire Mbarga Atangana, Minister of Trade of 
Cameroon, and H.E. Luz María de la Mora Sánchez, Vice Minister of Trade of Mexico. On other hand, 
allow me also to express my own and my delegation's deep condolences on the passing of Her Royal 
Highness, Her Late Majesty, Queen Elizabeth II, to the del egation of the United Kingdom, and 
through the delegation, to the people and the Government of the UK. I should also express the 
sincere sympathy and deep condolences to the delegation of the Central African Republic, on the 
passing of H.E. Ambassador Léop old-Ismaël Samba, who was a highly valued member of the 
international trade community.  
1.76.   The State of Qatar looks very positively to the encouraging outcomes of the 12th Ministerial 
Conference and subsequent developments. This proves that the WTO is still re levant and at the heart 
of the global trading system. We were pleased to see long -waited results on fisheries subsidies, 
trade and health, and food security coming true and welcome the work undertaken since MC12 to 
implement the decisions taken then.  
1.77.   Maint aining an effective and operational Organization is in the interest of all Members. This is 
why we are joining other Members in addressing key challenges before us including the paralysis of 
the Appellate Body, the reform of the Organization and reactivati ng its negotiation function. We need 
to keep our focus on maintaining predictable and enforceable disciplines regarding all aspects of 
international trade, and preserve the WTO as a forum to effectively negotiate rules on issues that 
are relevant in the 21st century.  
1.78.   Qatar would like to see trade and the global trading system fulfilling the objectives enshrined 
in the Marrakesh Agreement to raise standards of living for the global communities. Development 
must be at the heart of all our discussions as trad e must be a tool for and an engine of sustainable 
development.  
1.79.   We welcome the positive developments that have taken place on the Joint Statement 
Initiatives, and we are actively supporting many new initiatives such as E -commerce, MSMEs, and 
investment for development. We look forwarding to finalizing the respective agreements as soon as 
possible. As for the moratorium on E -commerce, we see more benefits than disadvantages in 
keeping the current practice of not imposing duties on electronic transmissions.  WT/GC/M/201  
 
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  1.80.   Furthermore, we are still committed to a successful conclusion of the Doha Development 
Agenda despite the impasse faced collectively. Since the launch of the current round of negotiations 
back in 2001, in the capital of my country, Doha, Qatar has always bel ieved in multilateralism and 
global cooperation. Qatar is still ready to provide every possible support it can in order to facilitate 
discussion and bring different views closer. In this context, we are honoured to express the warmest 
welcoming messages fo r all people coming from all over the world to participate in the FIFA World 
Cup 2022. Qatar has a strong belief in the potential of sports to bring people together. Sports unites 
people and assists in fostering greater understanding of our cultures, and i n promoting universal 
values of respect and friendship. It spurs economic development and has been demonstrated to 
boost international trade and to reduce trade costs. The FIFA 2022 World Cup in Qatar creates a 
common sense of trust and respect, and thus f urthers economic development and trade in the 
region. We welcome the recent signing of a Memorandum of Understanding between the WTO and 
FIFA to review how international trade and mega sports events like FIFA can serve as catalysts for 
economic growth, reg ional and international economic cooperation and social inclusion, in particular 
within least -developed country Members.  
1.81.   The COVID -19 pandemic has forced us to cope with the unprecedented disruptions to the 
global economy and supply chain shortages. This r ecent crisis has revealed that global cooperation 
is the adequate response.  
1.82.   We were encouraged by the Agreement on Fisheries Subsidies. We call on Members to actively 
work on its ratification and implementation. We would like to highlight here, once again , the 
environmental, economic and humanitarian importance of the agreement reached. We cannot 
overlook the alarming decrease in global fish stocks in recent decades and the overall negative 
impact of fisheries subsidies. We now need to prove that the WTO c an deliver, particularly in areas 
of already agreed UN Sustainable Development Goals.  
1.83.   Concerning the Appellate Body, Qatar supports frank and open discussions with a view to 
breaking the stalemate. The WTO cannot afford to have a non -fully operational disp ute settlement 
system. The WTO is a rules -based organization. It is essential that Members be able to enforce their 
rights and that all open trade disputes be settled.  We stand ready to support Members in any efforts 
aiming to address the above -mentioned c hallenges. Qatar intends to continue to support a solution -
driven approach and will take an active part in future exchanges.  
1.84.   The representative of Nigeria  delivered the following statement:  
1.85.   At the outset, we associate ourselves with the statement by Cameroon on behalf of the African 
Group. We would also like to join the Chair of the General Council and the Director -General to 
express our heartfelt condolences to the United Kingdom on the passing of Her Majesty the Queen. 
We indeed share the sorrow and  pain of her death. We pray for her soul to rest in peace. We equally 
wish to express our deepest heartfelt condolences on the passing of our brother, a leader 
Ambassador Samba. I personally worked with him on many issues that yield positive results in the  
WTO and I learnt a lot from him being one of the oldest Ambassadors in this Organization. His 
leadership skill as a dean of the African Group has been excellent and we pray for his soul to rest in 
peace.  
1.86.   It is touching that some Ambassadors whom we have b een working together on many issues 
and have contributed a lot in supporting the WTO towards some significant achievement especially 
at MC12 are leaving. We wish them farewell and the best in their future endeavour. We as well 
welcome the new Ambassadors a nd are looking forward to working with them.  
1.87.   We thank the Director -General for her report and appreciate every bit of the updates and call 
to expedite action on various issues such as ratification of Fisheries Subsidies Agreement, WTO 
reform, Work Programm e on Ecommerce, TRIPS, and so on. We are assuring o our delegation's 
commitments to fully engage in ensuring the conclusion of all other outstanding issues and 
implementation of the MC12 Decisions, so that MC13 will as well be fruitful.  
1.88.   In the interim, we need to see a total commitment and full engagement by Members on 
agriculture. This time we need to have a fruitful outcome in agriculture, in particular, in addition to 
food security. We need to see the ratification and depositing of instrument at the WTO as early 
concluded on fisheries subsidies. We need to see action on WTO reform, especially on DSU and other WT/GC/M/201  
 
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  most relevant issues. We need to see an inherence to the implementation of paragraph 8 of the 
MC12 decision on TRIPS waiver. We also need to see a t otal implementation of the Decision on Food 
Security. With determination and commitment all the above can be achieved.  
1.89.   The representative of the Republic of Korea  delivered the following statement:  
1.90.   I would like to welcome new Ambassadors and to express farewell to departing colleagues 
and wish everyone the best in their future endeavours. I would also like to express deepest 
condolences for the passing of the H.M. Queen Elizabeth II, and also on the passing of Ambassador 
Samba, who will be thoroughly missed.  
1.91.   For the item at hand, I thank the Director -Genera for the report. On fisheries subsidies, all 
Members should expedite their internal ratification process for the Agreement to swiftly enter into 
force. Like other Members, Korea will spare no effort to finalize procedures in a timely manner.  
1.92.   Further, we need to move forward our negotiation on the outstanding issues. In this vein, 
Korea welcomes the opportune forthcoming retreat to shape the second wave of the negotiations. 
We hope all Members engage with utmost creativity and flexibility in dealing with a long repeated 
but important issue.  
1.93.   Turning now to agriculture, Korea supports holding a Members retreat later in October for 
brainstorming discus sions on how to regalvanise  the agricultural negotiations. From Korea's 
perspective, as the Director -General Dr. Ngozi had pointed out at the Public Forum last week and 
today, addressing food insecurity and finding ways to provide for the world's poorest p opulations 
should be among high short -term priorities for the WTO. In addition, Korea would like to underline 
the importance of expediting the process of filling the vacancies in chairmanships and looks forward 
to new leadership and vision that would lead us in the best direction.  
1.94.   Since I have the floor, I would like to briefly mention updates on Investment Facilitation for 
Development, which I have the privilege to co -coordinate with Ambassador Sofia BOZA from Chile. 
As you know, over 110 Members, represe nting two -thirds of the WTO Membership, currently 
participate in this open -ended and pro -multilateral Joint Initiative. I would like to focus my report 
on the outcome of our informal bilateral consultations with interested delegations held at the 
beginning  of September and the last IFD meetings that took place on 19 -21 September 2022: First, 
participants reiterated their commitment to finish the text negotiations by the end of this year, as 
foreseen in the 2021 December's Joint Statement. The importance of achieving a good quality 
Agreement was also underlined by participants.  Second, a new revision of the "Easter Text" (revision 
7) reflecting the significant progress achieved since February was circulated to all Members on 
7 September 2022. This seventh rev isions includes new landing zones on key issues, notably, the 
Most-favoured Nation (MFN) provision and the exclusions on government procurement and certain 
subsidies from the scope of the Agreement, following a written procedure. Albeit it is not yet final ly 
agreed text, the "Easter Text" includes stabilized text for most sections of the future IFD Agreement. 
This includes Section II on "Transparency of investment measures"; Section III on "Streamlining 
and speeding up administrative procedures"; Section IV  on "Focal points, domestic regulatory 
coherence and cross -border cooperation"; as well as Section V on "Special and Differential 
Treatment" drawing from the Trade Facilitation Agreement's approach. Third, participants continue 
engaging with a sense of pur pose and willingness to compromise in order to advance on remaining 
issues. In this regard, participants have identified some issues, notably scope and definitions, as key 
priority areas. A Discussion Group focused on "Possible definitions" facilitated by Guatemala is 
working hard to find possible landing zones. Besides, work in between meetings has resulted in the 
submission of some streamlined revised proposals. We hope these positive dynamics will continue 
in the future and allow to narrow the gaps.  
1.95.   In parallel to the IFD negotiations, participants in the Joint Initiative have assigned high 
importance to needs assessments with the aim of helping developing and LDC Members implement 
the future IFD Agreement. The preparation of a Self -Assessment Guide, coor dinated by the WTO 
Secretariat in cooperation with partner international organizations, is well underway. The aim would 
be to start with the needs assessments later this year or early next year. The IFD initiative is at a 
decisive stage. The upcoming month s will be key to generate the necessary political momentum to 
achieve participants' aspiration of concluding the text negotiation by the end of this year. Mindful 
that this initiative is "pro -multilateral", participating Members will continue their outreac h efforts. All WT/GC/M/201  
 
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  WTO Members are welcome to participate in the negotiations to help co -shape the future IFD 
Agreement. Ambassador Boza and I stand ready to engage with Members on any issue they may 
wish to discuss.  
1.96.   The representative of the United States  delivered the following statement:  
1.97.   First let me start by expressing our condolences to the Mission of the Central African Republic 
on the passing of Ambassador Samba ; and to the U nited Kingdom  and the Commonwealth countries 
on the passing of Queen Elizabeth I I. 
1.98.   I welcome new Ambassadors and look forward to working with all of you and extend good 
wishes to those who are moving on. I also want to welcome Kazakhstan's announcement that they 
will be having a WTO specific Mission - we will look forward to working w ith them.  
1.99.   Let me offer some reactions to the DG's presentation which had a lot of interesting ideas in 
it. First, we support the idea of regularising our interactions with stakeholders. Not just interactions 
for review, but I think that some of us have bee n discussing, as part of the reform, ways that we 
can regulari ze stakeholder interactions with the membership. I did participate in some of the panels 
at the Public Forum last week, and I did find that there are good ideas out there. There is a lot of 
good information that we can all derive, and while the Public Forum is a regular feature of the WTO, 
I think that we should be looking at other ways of regularising these interactions. So, we would 
welcome a conversation on that at any time. I know there are o ther delegations that are likewise 
interested on this issue.  
1.100.   With respect to the report that you mentioned on the implementation of the Declaration on 
Food Insecurity, first of all, just to highlight that the United States remains one of the world's larges t 
agricultural exporters. We have continued to maintain open markets to facilitate access to goods 
that are critical to global food security and thereby benefiting consumers, farmers and industry 
worldwide. The US Government also has been spending a lot of  resources through other means in 
assisting countries with respect to food security issues, and we have a compilation of all that. We 
will be providing that to the membership and to you DG - and hopefully that can be useful with 
respect to this report.  
1.101.   I am happy to hear that the retreat on Agriculture will be held here. I think that is a welcome 
announcement. I know there is another item in our agenda on WTO reform and I know that the 
General Council Chair has been thinking about doing some brainstorming s essions here in Geneva 
and welcome those - if you are to do things here, we do not have to factor in going  to other places.  
1.102.   Finally, the United States continues to condemn Russia's unwarranted and illegal war of 
aggression against Ukraine. We reject the pu rported annexations of Ukraine and territory by force. 
Russia's actions contravene the principles and values of the WTO - respect for WTO Members' 
sovereignty is crucial to maintaining open and predictable markets and facilitating international 
trade.  
1.103.   The representative of Peru delivered the following statement:  
1.104.   We would like to thank you and the Director -General for your reports and introductory 
statement. We would like to welcome new Permanent Representatives and would also like to take 
this opportunity t o wish those who are leaving Geneva every success in their future endeavours.  
1.105.   As other delegations have said, we would like to express our solidarity with the United 
Kingdom and the Commonwealth following the death of H.M. Queen Elizabeth  II. We would also  
extend condolences to the family of our colleague Ambassador Samba.  
1.106.   We join Australia's statement on the problems we face with respect to agriculture. We need 
trade, transparency and new negotiating modalities. That is the only way we are going to be able  to 
move forward and find a way of breaking the deadlock in which we find ourselves. We would like to 
urge Members to fill the vacant Chairs because we do not have much time before the next Ministerial. 
We are all well aware of how complex agriculture nego tiations are.  WT/GC/M/201  
 
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  1.107.   With respect to fisheries subsidies and our MC12 achievements, I would say that we really 
need to have the Agreement ratified properly. It needs to come into force and its disciplines 
respected. That will mean that our Fisheries Agreement wil l have a major impact on the sustainability 
of our marine resources. It will also help us with the next stage of our negotiations.  Peru has already 
launched those domestic ratifications proceedings. We hope finally that the retreats to be held soon, 
will h elp us to guide our negotiations on fisheries and agriculture. We hope that very soon in the 
new year, we will be able to get going in the course of what will be a ministerial year.  
1.108.   As was said at the Informal General Council meeting, we will not reiterat e our whole points 
but we do agree with you that there should be a special session on this as well as considering a 
retreat in October.  
1.109.   Now on procedural matters, it is our understanding that the Secretariat is finding some 
difficulties in actually compili ng proposals because there is a lack of clarity with respect to what is 
still relevant in the light of the deadlines ahead of us. So, we would urge those who have made 
previous submissions on WTO reform, update them and ensure that we have an updated set o f 
considerations because that will enable us to have a proper context for our conversations rather 
than reiterating previous discussions.  
1.110.   The representative of Chile delivered the following statement:  
1.111.   We would like to point out that in the Informal General  Council Meeting of 4 October, my 
delegation presented Chile's position on the issues of WTO reform and the Work Programme on 
Electronic Commerce. I would also like to speak briefly about other processes resulting from MC12. 
First, I would like to mention the retreat on Fisheries next week. For Chile, it is important to keep 
up the momentum of the post -MC12 negotiations and we hope that delegates participate in a spirit 
of pragmatism, bearing in mind the lessons learned during the Conference. We believe th at the 
future of the negotiations requires us to have a clear and predictable work process that allows 
coordination with our capitals, which now have to cope with the procedures for the entry into force 
of the Agreement and support the negotiation of outst anding issues. Regarding negotiations on the 
extension of the TRIPS waiver to cover diagnostics and therapeutics, we would like to thank the 
Chair of the TRIPS Council for his efforts and for the work schedule circulated recently. We hope that 
the process and discussions will enable us to reach a consensus in December this year. As for 
agriculture, we appreciate the efforts of the Director -General and the Secretariat to hold a productive 
retreat at the end of this month. We understand that giving new impetu s to negotiations on 
agriculture is a major challenge and we need the commitment of all Members to engage in dialogue 
with flexibility and a creative spirit. Old formulas must be renewed, and we believe it is important 
for us within this Organization to th ink about how to incorporate new elements to respond to the 
challenges affecting agriculture in the 21st century. There is a call for "outside the box" thinking, 
and Chile is willing to collaborate on this in a constructive manner. Lastly, we congratulate the 
Director General – and through her, the Secretariat – for successfully organizing the Public Forum. 
The robust programme of sessions illustrated the importance of the work being carried out in areas 
such as inclusiveness and sustainable development.  
1.112.   The representative of Nicaragua  delivered the following statement:  
1.113.   Nicaragua appreciates the report submitted by the Director General as Chair of the Trade 
Negotiations Committee. We would like to take this opportunity to encourage Members to move 
forward in negotiations, for the benefit of all, recognizing the asymmetries in levels of development 
and strengthening Special and Differential Treatment.  
1.114.   In addition, we welcome the bid by the United Arab Emirates to host this Organization's 13th 
Ministe rial Conference. We support this bid with the expectation of achieving solid outcomes that 
serve Members' development objectives and the interests of enterprises, particularly SMEs and 
people engaged in international trade.  
1.115.   We urge Members to refrain from using these discussions to share judgemental messages 
that are unrelated to the trade agreements and negotiating mandates of this Organization. We also 
call for the reconsideration of the unilateral coercive measures that are restricting trade, disrupting 
supply chains and primarily hurting least -developed Members, who have been affected by the rise WT/GC/M/201  
 
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  in food and fertilizer prices. We ask that our statement delivered at the Informal General Council 
meeting on 4 October 2022 be placed on the record.  
1.116.   The repres entative of Iceland  delivered the following statement:  
1.117.    First allow me as one of the co -chairs of the Informal Working Group on Trade and Gender, 
to report briefly on the work that is taking place in the Informal Working Group post MC12. Let me 
start by re call the twofold outcome of MC12 on gender: First , paragraph 13 in the MC12 Outcome 
document (WT/MIN(22)/24 - WT/L/1135) recognising the importance of women's economic 
empowerment and the work of the WTO on this issue, at the multilateral level. Second, th e joint 
Statement on Inclusive Trade and Gender Equality from the Co -Chairs of the Informal Working Group 
on Trade and Gender (WT/MIN(22)/7).  
1.118.   Some key milestones have already been achieved since 2017 and the work is now 
intensifying with dedicated discuss ions on trade, gender, and the private sector, which took place 
yesterday, and on gender disaggregated data collection in trade. Further discussions will be held in 
October and November this year focusing on how to apply the gender lens to WTO and on the w ork 
currently carried out jointly by the EU and ITC on a gender -lens framework on trade facilitation, 
ecommerce, government procurement and investment facilitation.  
1.119.   The last meeting of the Informal Working Group this year is schedule to take place late 
November. In the year to come, the Informal Working Group will focus on elaborating a work 
programme or plan including concrete action points, to be adopted at MC13. Before I conclude my 
report, I would like to mention the World Trade Congress on Gender to b e held at the WTO on 5 -7 
December under the theme "Gender Equality for Sustainable Trade and Recovery ". The event, 
organi zed by the WTO Gender Research Hub and the WTO Trade and Gender Unit, is the first 
international research conference on trade and gende r and is fully supported by the members of the 
Informal Working Group.  
1.120.   Speaking on behalf of Iceland,  let me first just encourage Members yet to do to join the 
Informal Working Group on Trade and Gender. The important progress made in the Fisheries 
negoti ations at MC12 demonstrated the ability of this Organization to deliver tangible results. It is, 
however, important to spare no time and continue negotiations on harmful fisheries subsidies that 
are still out of scope of the Agreement. We therefore welcome the retreat planned by the Director -
General that will take place next week. Adequate support for the least -developed Members to 
implement the disciplines already agreed is also important. To that end, Iceland once again reiterates 
its sup port for the establishment of a Fisheries Funding Mechanism.  
1.121.   With regard to the agricultur e negotiations, the outcomes of MC12 were lacking. We have in 
fact not seen substantial progress on this file for many years , and we acknowledge that new 
approaches are needed. Iceland will support efforts to advance this discussion on a multilateral basis 
taking into account the interests of all members. Needless to say, we must agree on competent 
Chairs for these processes before long.  
1.122.   Finally, me join others in co ndemning in the strongest possible terms the ongoing illegal 
invasion of Russia in Ukraine. Recent attempts by the Russian occupying forces to annex Ukrainian 
territory is a violation of international law, including the UN Charter. We once again call on Ru ssia 
to cease its aggression and remove its forces from internationally recognized Ukrainian territory.  
1.123.   The representative of Senegal  delivered the following statement:  
1.124.   We would like to associate ourselves with the statement made by Cameroon on behalf of t he 
African Group. We would like to wish Cameroon every success in their bid to host MC13. We thank 
the WTO Director -General for her report. We would also like to join those who have expressed 
condolences to the United Kingdom and the Commonwealth as well a s the family of Ambassador 
Samba. We would also like to endorse the statements made by the authorities of the United Arab 
Emirates, Mexico and Cameroon. We would like to take this opportunity to wish those leaving us 
every success in future endeavours.  WT/GC/M/201  
 
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  1.125.   We would like to join the DG of the WTO in the appeal to Members to act quickly with respect 
to the recently adopted texts on food security, particularly paragraphs 3 to 5 on export restrictions 
imposed on basic food stuffs. Such restrictions adversely affect  food security in those countries that 
are either developing countries or NFIDC. This makes a serious contribution to the increase in the 
cost of living, in particularly in LDCs.  
1.126.   The representative of Pakistan  delivered the following statement:  
1.127.   Pakistan is  one of the founding Members of this multilateral organization and remains a 
strong supporter of necessary reform of the WTO to overcome its shortcomings and enhance its 
relevance regarding the current and very obvious global challenges, namely, the global  health crisis, 
climate change and the collective global economic crisis and the evolving individual country crises. 
Pakistan is hit quite hard by all three. We are open to ideas and efforts to reform the WTO. But we 
must keep in mind that to be relevant a nd effective any multilateral organization will have to find 
ways of responding rapidly to emerging global crises and Members need to act cooperatively rather 
than stick to ideological positions. This organization needs to find ways of delivering equally f or all 
its Members, especially in the area of development and resilience to multifaceted crises that will 
increasingly confront us; providing Members' economies the ability to spring back rapidly from 
various disruptions. This requires relatively strong an d diverse economies. Instead of reinventing 
the wheel, the reform process needs to address imbalances in the current system, as a starting 
point. In this regard, Pakistan would invite attention of the membership to the document 
WT/GC/W/778/Rev.5 submitted by the African Group, Cuba, India, and Pakistan.  
1.128.   Pakistan remains open to the ideas on process, scope and structure of reforms in a way that 
they do not compromise the cardinal principles of non -discrimination, inclusivity, transparency, and 
consensus -driven decision making as enshrined in the Marrakesh Agreement. Ideally, the reform 
must not complicate development of the global South which represents more than three quarters of 
the global population. As for reforms in the Dispute Settlement mechanism of t he WTO, Pakistan is 
open to discussing new ideas and has engaged constructively with Members. Pakistan is of the view 
that the two -tier mechanism may be kept intact. We believe that the reform agenda of DSU can 
function simultaneously with an operational a ppellate body. The reforms at the WTO should not 
function in a way so as to weaken the fundamentals of its existence. Lastly, Pakistan welcomes 
WTO's increased sensitivity on several issues of the global commons related issues with trade is 
heartening. Nev ertheless, these initiatives need to also envelope the issues faced by the developing 
Members and their inability owing to certain WTO rules to effectively address unprecedented 
economic shocks from climate driven disasters, pandemics, among others.  
1.129.   The representative of Indonesia  delivered the following statement:  
1.130.   Allow me to express my deep condolence to colleague of United Kingdom and the Central 
African Republic, and I would like to join others in welcoming our new Ambassadors in Geneva and 
to bid fare well to outgoing Ambassadors and wishing them all the best in their future endeavours.  
1.131.   Thank you, Madam Director -General, for the update and the report as the Chair of the TNC. 
I will be brief as I will address the substantive issues at the appropriate Age nda items later today. 
At this point Indonesia would like to share its views that it is important that we continue the 
mechanism under the TNC as mandated by the Doha. We should not allow to continue the stalemate 
on the mandated issues under the TNC, but rather we have to expeditiously work to advance and 
complete our homework. It is our hope that on the next TNC session, we will be able to take note 
greater progress following the Agriculture and Fisheries retreats. Rest assured that Indonesia will 
activel y engage in both retreats with an open mind and , more importantly , open ears.  
1.132.   The representative of South Africa  delivered the following statement:  
1.133.   We welcome the announcement of the date of the TNC by the Director -General and we look 
forward to engaging i n that meeting. We believe that the TNC remains important as the platform to 
advance the developmental agenda under the DDA and to supervise the overall conduct of the 
negotiations. Further, we welcome the convening of the CTD SS by the Chair towards the 
implementation of the MC12 outcomes and mandate on S&DT. Ministers have instructed us to 
continue to work on improving the application of S&DT and to report progress to the General Council 
before the next Ministerial Conference. Towards achieving this objec tive, the G -90 has submitted WT/GC/M/201  
 
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  document RD/TN/CTD/1 that outlines the need to deliver on the long outstanding mandate on S&DT 
to regular engagements and structured discussions in fulfilment of the mandate in Paragraph 2 of 
the Ministerial Decision. On Agricu lture, we note the importance of these negotiations, and this 
cannot be overstated. It is important to come up with a food security and livelihoods package 
towards MC13. We look forward to engaging on fisheries negotiations in the retreat and hope to 
make progress.  
1.134.   The representative of Botswana  delivered the following statement:  
1.135.   Botswana aligns with the statements delivered on behalf of the African Group by the 
delegation of Cameroon. I join other colleagues in offering our condolences to the UK government  
on the death of Her later Majesty Queen Elizabeth II. Our condolences also go to the Government 
of the Central African Republic on the loss of Ambassador Leopold Samba, whose warm personality, 
wisdom and guidance we shall sorely miss as dean of our Africa n group. I also take this opportunity 
to bid farewell to colleague Ambassadors who are leaving their posts and warmly welcome those 
who have taken up their duties here in Geneva.  
1.136.   I wish to take this opportunity to thank you for your introductory remarks, and the Director -
General for her comprehensive report. I reiterate my delegation's commitment and readiness to 
engage on the work towards implementation of the MC12 outcomes and on the outstanding issues 
in preparation for the MC13. This includes the need for us to expedite national processes of 
acceptance or ratification of the Fisheries Agreement, and appointment of chairpersons to the 
important committees to which you referred.  
1.137.   The representative of Tanzania  delivered the following statement:  
1.138.   We would l ike to send our condolences to the delegation of UK and Central African Republic. 
On behalf of my delegation, I would like to start by expressing our appreciation for the consultations 
you have undertaken and your report on WTO reforms.  
1.139.   Reforms are critic ally important for any organization to evolve and adapt to the everchanging 
social and economic dynamics. The United Republic of Tanzania has already expressed its willingness 
to support the process it was expressed by my Minister during MC12 in June 2022.  We understand 
it is not going to an easy process due to diversity of level of development which informs our interest 
and priority issues. I want to be clear to the General Council that our diversity will not hinder us 
going forward only if the difference of our level of development will be recogni zed and embraced as 
unifying factors in making right reform choices.  
1.140.   The preliminary instructions for my delegation drawn from the statement of our Minister's 
issued in June during MC12, is that the United Republi c of Tanzania will support a reform that ensures 
balanced interest of all Members, that secures development at the core function of the organization. 
We want WTO to remain focuses to achieve the broad objective of raising global living standards 
and employ ment and promoting sustainable development as enshrined in the Marrakesh Agreement 
Establishing it.  
1.141.   We would like to see the reform process to be Member -driven, inclusive, and transparent 
throughout. Some of the elements which we would like to preserve, a s we have mentioned several 
times, include the consensus approach. It is not that my delegation is fearing voting, however we 
see that wining a decision by majority vote will never guarantee implementation of such decisions. 
The reform should also preserve  the multilateralism nature of this organization.  
1.142.   Reform should reinforce that Members continue to cooperate in resolving multilateral trade 
challenges of our time than rather than embracing a punitive approach. The competitive approach 
has led to unsustainable exploitation of resource and unfairness and exploitation disrupting the very 
concept of sustainable development. In closing, my delegation aligns itself to the statement delivered 
by Djibouti on behalf of the LDCs Group, Cameroon on behalf of the African Group and Kenya on 
behalf of the ACP Group.  WT/GC/M/201  
 
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  1.143.   The representative of India delivered the following statement:  
1.144.   I welcome the Director -General's decision to convene the TNC meeting on 30 November. We 
look forward to the deliberations in that meeting. I will not take much time. On Agriculture, we will 
speak under the agenda item 7 on decisions regarding Bali, Nairobi and Buenos Aires. However, on 
fish, I would like to make two quick points, which we have said in the past meeting also, namely to 
have a quick legal scrubbing to accelerate ratification proces s and de -link the technical assistance 
and capacity building clause in Article 7, so that it gets going without waiting for entry into force.  
1.145.   The General Council took note  of the report by the Director -General, of the Chair's  statement 
and of the other sta tements.  
2  IMPLEMENTATION MATTERS FROM MC12  
2.1  WTO Reform – Statement by the Chair  
2.2  Work Programme on Electronic Commerce  – Statement by the Chair  
2.1.  The Chair delivered the following statement5: 
2.2.  As you know, at the Informal GC meeting on Tuesday, I reported on my consultations on WTO 
Reform and on the E -Commerce Work Programme and Moratorium. My report is circulated in 
JOB/GC/318. I thank all 31 delegations that intervened in the discussions. At the end of the meeting, 
I noted that, my general impres sion was that an approach to the work in these two areas is shaping 
up and requested Members to reflect further on my report and my suggestions, and what they had 
heard from other delegations. Let me briefly recap some of what I said starting with WTO Refo rm. 
2.3.  It is evident that Members are committed to ensuring a successful WTO Reform process. At the 
same time, as reform means different things to different people, some structure and a common 
understanding at least on the way forward is key. To organize this  process, I put forward some 
recommendations. These are the following:  
2.4.  First, to begin with, it would be helpful to provide space in the General Council to collectively 
explore the various reform issues.  
2.5.  In parallel with the formal and informal conversati ons we will have at the General Council, each 
Subsidiary Body should be tasked to see what has been done and explore ways on how to improve 
their daily functioning and better deliver on their respective mandates. I would also encourage 
Subsidiary Bodies th at have already started such discussions to continue to do so.  
2.6.  To keep all Members abreast of the discussions, Subsidiary Bodies should report to the General 
Council, as appropriate. To facilitate this work, I will coordinate with the Director -General and the 
Subsidiary Body Chairs.  
2.7.  On certain cross -cutting, politically sensitive issues important for many Members, the General 
Council should create a space for deliberations. But to ensure productive discussions, all Members 
should reach out to each other fir st particularly those with different views.  
2.8.  To set a collective vision on how to proceed with WTO Reform and identify cross -cutting issues, 
I will organize an informal conversation among Members, under the auspices of the General Council, 
at the end of Oc tober or at the beginning of November. This will be done within the WTO premises 
and be open to all Members. I will develop a programme and structure for this event that will promote 
an interactive and serene dialogue.  
2.9.  On dispute settlement, we should allo w some time to see how current discussions among 
Members unfolds and then take stock. The DSB Chair and I will coordinate with delegations, keep 
ourselves abreast, and continue to monitor the situation to find the best way forward to help 
 
5 The Chair's statement was subsequently circula ted in document JOB/GC/320.  WT/GC/M/201  
 
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  Members fulfil th eir commitment "to conduct discussions with the view to having a fully and well -
functioning dispute settlement system accessible to all Members by 2024".  
2.10.   I hope you have had time since the informal General Council on Tuesday to reflect on these 
suggestions  and the views that were expressed by other Members. Therefore, if my suggestions are 
acceptable to all Members, I would propose that we proceed accordingly in this initial phase of our 
WTO Reform discussions.  
2.11.   You will recall that likewise on Tuesday, I re ported on my consultations on the Work 
Programme on Electronic Commerce and the moratorium on customs duties on electronic 
transmissions. The report on these consultations is also contained in JOB/GC/318.  
2.12.   I reported that I had sensed good engagement and we lcomed the fact that delegations have 
been reaching out to each other to better understand some of the concerns. As Chair, I encouraged 
Members to continue these discussions. I also reported that throughout these initial consultations, I 
had heard delegati ons calling for pragmatism, efficiency, and evidence -based discussions – elements 
that, I hope, can help us move forward productively.  
2.13.   In that regard, I suggested holding dedicated discussions in the General Council to address 
horizontal issues including the development dimension and encouraged all delegations to bring 
forward proposals in a timely manner, so as to be able to engage effectively on specific issues. I 
noted with regard to the subsidiary bodies, that some delegations are preparing proposals. I 
therefore suggested that work in these bodies should proceed based on Members' proposals.  
2.14.   I hope that delegations have further reflected about this approach and, if it is acceptable to 
all Members, I would propose that we proceed accordingly. Upon furthe r reflection and given the 
General Council's busy agenda, I am considering appointing a Facilitator to assist me with future 
discussions under the Work Programme on e -commerce. I believe that this would allow this process 
to be conducted with the required intensity and attention and will ensure continuity of work between 
now and MC13.  
2.15.   As I signalled at the outset, I also wanted to make a few additional points related to 
implementation matters from other MC12 outcomes. In preparation for today's General Coun cil 
meeting, I met with Chairs of regular WTO bodies on 3 October to hear updates from their respective 
areas, including on implementation matters from MC12. We had a very useful discussion, and I wish 
to thank all Chairs for their hard work. I learned fro m several Chairs that exchanges and discussions 
on MC12 outcomes are already taking place. In this regard, I would like to reiterate my 
encouragement to relevant WTO bodies to consider establishing work plans based on MC12 
outcomes.  
2.16.   Another follow -up from  MC12 relates to the consultations on the date and venue for MC13, 
which – as I mentioned at the outset of the meeting – I intend to undertake without delay.  
2.17.   Ambassador Lansana  Gberie  (Sierra Leone ), Chair of the TRIPS Council , delivered the 
following stat ement:  
2.18.   Under this item on "Implementation Matters from MC12", I wanted to once again briefly report 
– under my own responsibility – how the TRIPS Council has been following up on relevant ministerial 
instructions from MC12. As you are aware, the most salie nt issue with respect to the MC12 Decision 
on the TRIPS Agreement is the commitment of Members under paragraph 8, to decide within six 
months on an extension to cover the production and supply of COVID -19 therapeutics and 
diagnostics. Discussions in this r egard commenced immediately after the Ministerial Conference, at 
the TRIPS Council meeting on 6 July.  
2.19.   Since I last reported on these discussions to the General Council meeting on 25 July 2022, 
we have held dedicated informal open -ended meetings on this iss ue on 19 September and on 
3 October 2022. At the first meeting, Members shared their views on which key issues would need 
to be discussed to enable Members to take a decision by the prescribed deadline in December. A 
number of Members expressed their readi ness to move ahead with an extension of the Decision to 
therapeutics and diagnostics. Other Members called for an evidence - and fact -based analysis to WT/GC/M/201  
 
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  identify supply side constraints and any IP -related barriers to access to individual therapeutics and 
diagnostics. A number of delegations also raised the question of the scope of an extension of the 
Decision, including the possibilities of a definition of 'therapeutics and diagnostics'. Some delegations 
also indicated the need for a list of individual produc ts to be covered. After the meeting, a number 
of Members informally shared their questions and analysis in writing with all Members.  On the basis 
of this discussion, I set out a schedule of dedicated meetings between now and December in order 
to map out th e path forward, which I circulated on 21 September 2022.  
2.20.   The second dedicated meeting on the issue took place on 3 October 2022. At that meeting, a 
number of delegations provided responses to question circulated after the previous meeting. 
Detailed interventions gave examples of product definitions from national legislation, and shared 
information on the licensing and supply situation of certain therapeutic products used to treat 
COVID -19. Other delegations requested evidence on concrete IP -related barriers and indicated that 
their internal information -gathering and consultation exercise was still on -going. Many delegations 
argued that the differences in use, production and distribution between vaccines on the one hand, 
and therapeutics and d iagnostics on the other, meant that a solution for these products also needed 
to be different from that for vaccines. I have once again invited delegations that made detailed 
statements at the informal meeting to share these in writing, so that this exchan ge of information 
can continue.  Most Members who took the floor also emphasized once again that the negotiation 
process on this question should continue in an open, transparent, and inclusive manner, and that all 
Members needed to be heard on the developme nt of any outcome.  
2.21.   While I am heartened by the engagement and the efforts that delegations have clearly made 
– to formulate questions and to provide detailed responses – it is my sense that we will need to 
focus on concrete outcomes of our discussion very soon, in order to meet the approaching December 
deadline. To that end, I have urged delegations to engage bilaterally to address concerns and 
information queries – which would otherwise take up too much time in the open -ended meetings. I 
have also encourag ed delegations to circulate any material, position or any concrete textual 
proposals for a decision in writing as early as possible, so that these can be a basis for discussion in 
the next meeting. Our next discussion on this item will take place during th e formal TRIPS Council 
meeting scheduled for 12 -13 October 2022. I very much hope that delegations will intensify their 
contacts and engagement to address the issues and questions raised during the course of October, 
so that we can focus on concrete option s for a decision at the following dedicated open -ended 
meeting.  
2.22.   Regarding other relevant follow -up from MC12, the  TRIPS  Council has noted paragraph 24 of 
the Ministerial Declaration on the WTO Response to the COVID -19 Pandemic and Preparedness for 
future Pandemics. As instructed therein, the Council will continue its exchanges on COVID -19-related 
experiences in the field of IP as it has done since June 2020, and would welcome any proposals that 
Members may make in this regard. Furthermore, as instructed by  the Decision on TRIPS Non -
Violation and Situation Complaints , the TRIPS Council will continue its examination of the scope and 
modalities for such complaints under the TRIPS Agreement with a view to making a 
recommendations to MC13. This discussion will t ake place under agenda item 8 of the next TRIPS 
Council meeting.  
2.23.   The Chair recall ed that a number of delegations ha d already delivered rather detailed and 
well-structured statements on WTO Reform and on E -Commerce Work Programme and Moratorium 
at the Infor mal G eneral Council on 4 October . He noted that d elegations h ad the possibility to ask 
the Secretariat to record these statements in the minutes of this meeting. The purpose of this was 
for delegations to be on record, if they so wish ed6, and to avoid rep etition in t he debate.  
 
6 At their request, the statements of Argentina; Australia; Brazil; Cameroon (African Group); Canada; 
Chile; Colombia; Costa Rica; Djibouti; Egypt; European Union; Fiji; India; Jamaica (CARICOM); Japan; Kenya 
(ACP Group); Nicara gua; Nigeria; Peru; Philippines; Switzerland; United Kingdom; and , Zambia  at the 4 October 
Informal General Council meeting are incorporated in the minutes of this meeting and can be found in Annex 4 
of this document.  WT/GC/M/201  
 
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  2.24.   The representative of Morocco  delivered the following statement:  
2.25.   Any reform of the WTO should be proceeded from a perspective favouring the inclusion of 
developing countries, particularly those on the African continent and the Arab region, in international 
trade, especially, through the promotion of intra -regional trade.  
2.26.   The reform of the Organization, particularly of its legal arsenal and its organizational 
architecture, should give priority to the Development Agenda, as agreed  by Members, to ensure 
sustainable development of developing countries and give political space, necessary for these 
countries, to revive their economies heavily impacted by the current health, economic and 
geopolitical conjuncture.  
2.27.   Reform should create in stitutional synergies between the WTO and other international 
organizations operating in the economic and social fields, in particular FAO, UNCTAD, WIPO, WHO, 
IMF and WBG, as well as with the private sector to coordinate actions and optimize efforts. Speci al 
amendment to the accession technical and juridical requisites should be introduced to ease and 
accelerate the accession processes of developing countries, and especially LDCs.  
2.28.   The organizational structure of WTO bodies should be optimized, to take into consideration 
the limited human resources of small -staff delegations, in order to give them an equal opportunity 
to attend the work of the various WTO bodies.  
2.29.   The representative of Malaysia  delivered the following statement:  
2.30.   Malaysia wishes to address agen da items 2 and 3 together. On WTO reform, as we have 
highlighted during our engagement session, Malaysia strongly believes that in order to succeed, 
reform work must be Member -driven, open, transparent, inclusive, and must address the interests 
of all Memb ers, including development issues. While we note that the work will be led by the General 
Council and its subsidiary bodies, we strongly urge for the establishment of a "Dedicated Session " 
in which all WTO reform proposals can be reviewed and considered in  a more structured way. All 
reform initiatives shall be endorsed at the WTO General Council before being submitted to the 
Ministerial Conference. As Malaysia has highlighted on several occasions, we strongly view that the 
dispute settlement system, includi ng the Appellate Body, is the most urgent matter and requires the 
urgent attention of the membership. Malaysia stands ready to support your work to restore a 
functioning dispute settlement system and to proceed with the appointment of Appellate Body 
member s. Malaysia is also open to policy dialogues in future WTO reform process to discuss critical 
issues of importance, which could be organi zed in parallel, to enhance understanding and gather 
perspectives among Members on reform. Lastly, the process of WTO r eform must keep development 
at its centre, promote inclusive growth, and fully consider the interests and concerns of developing 
countries. We hope we could maintain the same momentum from MC12 in our deliberations to 
achieve meaningful outcomes on the MC1 3 deliverables. On e -commerce, Malaysia welcomes the 
MC12 outcome on the e -commerce moratorium. Malaysia views the importance for WTO to give a 
positive signal to the business community and public society at large, moreover, as we are in the 
process of a p ost pandemic recovery and unprecedented food crisis around the world. Between now 
and MC13, Members should engage constructively on the way forward.  
2.31.   The representative of Türkiye  delivered the following statement:  
2.32.   Although we have a clear mandate and stro ng commitment on the part of all Members, we 
recognize that it is a difficult task to orchestrate the workflow for any reform, and we thank you for 
your inclusive and transparent manner in kick starting this very important topic. Whichever mode 
the future deliberations will unfold, it is imperative that the process remains transparent, inclusive 
and open to all Members' inputs at all times. In terms of substance, obviously, it is not easy to 
differentiate and prioritize matters as every expectation and inte rest of Members are equally 
important, and they require us to address all three functions of this Organization. However, it would 
be naïve to think that simultaneous progress in terms of timing and essence can be achieved in all 
functions. On the contrary this appears to be a remote possibility.  
2.33.   We agree with some Members that there are certain low -hanging fruits for us to reap in the 
short term such as in the monitoring and deliberative function. These issues are more technical in 
nature and discussions c an immediately start in the subsidiary bodies. We believe that any WT/GC/M/201  
 
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  improvement in the quality of our day -to-day work will have positive effects on other pillars of the 
process. While we need to be realistic and pragmatic, we also have to start with looking  into the 
issues that paralyze this institution and thus require our immediate attention. We consider that 
making Appellate Body up and running again with its mandatory and binding character should be on 
top of our list. But we are mindful that urgency doe s not mean that convergence will be achieved 
easily and quickly. Therefore, we see merit in flexible approaches to achieve such convergence. In 
that sense, we recogni ze the importance of frank discussions ongoing under an informal setting and 
hope that the y will prepare ground for a solution. Nevertheless, regardless of the possibility that 
each matter may find its own way to mature, still subsidiary bodies are tasked to carry out necessary 
work on the reform. Therefore, we agree with your suggestion to mak e sure that each subsidiary 
body take stock, explore ways and report to the GC on their relevant work.  
2.34.   Chair, as you rightly pointed out, we saw during MC 12 that the negotiating function is still 
alive. But this institution needs further proof that it wi ll continue to remain relevant to the 
expectations of the people and preserve integrity of the multilateral system. Thus, updating the rule 
book, both for outstanding issues as well as the new ones, should be part and parcel of the reform 
process. In this process we should also strengthen the developmental aspects to make sure that 
trade is sustainable and beneficial to all. Therefore, we welcome your intention to organize an 
informal conversation among members on how to proceed with the reform and identify  crosscutting 
issues by the end of this month.  
2.35.   Regarding the work programme on e -commerce and moratorium, we took note of your report 
on your initial consultations last week and we would like to call for transparency and inclusiveness. 
Starting our work as  early as possible is not only needed due to rather tight deadline, but also 
because of the difficulties and entrenched positions on these issues. We all know that it was not easy 
to adopt this Ministerial Decision at MC12. As far as the issues related to the work programme on e -
commerce are concerned, we support the practice of discussing them in relevant bodies of the WTO 
and reporting the results to the General Council. On the moratorium, we consider that it is urgent 
to discuss the scope and definitions . We agree with some delegations who called for a policy 
discussion amongst members on the scope and definitions as a starting point. We believe that this 
is more important than undertaking a cost -benefit analysis because to be able to undertake a cost -
benefit analysis, we need to be on the same page in terms of the scope and the meaning of the 
moratorium. We realize that there is a wide range of different interpretations by different Members 
when it comes to what the moratorium really says, how customs dut ies may apply to electronic 
transmission and what a custom duty or an electronic transmission is. We are flexible with the 
participation of experts from other organizations and institutions. But instead of having presentations 
on the impact of the moratori um, we believe that we need to hear first from relevant Members, 
especially those who are in favour of making the moratorium permanent, if possible in written form, 
what they understand from this moratorium and what problem they want to solve or what possi ble 
scenarios they want to avoid with this moratorium. The discussion on the moratorium requires 
extensive work both under the WTO and domestically. So, we deem it important that necessary work 
start in regular dedicated sessions to quickly reach consensus  in line with the deadlines determined 
by the Decision. In this regard, we support holding a dedicated discussion in the General Council as 
suggested by the Chair during the Informal GC meeting on Tuesday. Before concluding, let me 
reiterate that Türkiye w ould like to be involved in this process all through and we are ready and 
willing to work with all Members to achieve concrete results.  
2.36.   The representative of Djibouti , on behalf of the LDCs , delivered the following statement:  
2.37.   We thank you, Chair, for this transparent and inclusive process of informal consultations. The 
LDC Group participated in your consultations on WTO reform and the E -Commerce work programme. 
Reform is a good opportunity to explore new ways, better ways of setting objectives and goals tha t 
are balanced and sustainable for our work and the organization. For the LDC Group, the General 
Council should lead on reform and the development dimension in the work of WTO should be at the 
heart of reform discussion. If there are elements that must be deliberated upon at the subsidiary 
bodies, this is fine, but any consolidation must take place in the General Council and the General 
Council should also be a venue for work on reform. That will be important for us to fulfil the 
ministerial mandate to cons ider decisions at the next Ministerial Conference. We welcome your 
proposal in the Informal GC meeting on Tuesday that you would hold an informal consultation very 
soon on next steps. We have been looking forward to this process to be initiated by the Gene ral 
Council to ensure that there is no discrimination against any proposal. All Members', including LDCs', WT/GC/M/201  
 
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  proposals must be considered on equal footing with the proposals of other Members. In your 
consultations we also highlighted the need maintain princi ples of inclusiveness, non -discrimination, 
and consensus -based decision -making. You noted this during your briefing on Tuesday as a shared 
expectation of Members.  
2.38.   The LDC Group referred to the need to consider all the elements in our own submission 
JOB/GC /223/Rev.1 and our LDC Ministers MC12 Declaration of October 2021. We would add that we 
think the reform process must take up our lessons learnt in the conduct and participation in 
Ministerial Conferences since creation of WTO. We must ensure especially th at LDC proposals are 
discussed in all types of green rooms, and other forms of consultations, before Ministers. We 
recognize the utility of smaller breakout negotiations or consultations. However, before any outcome 
emerging from smaller groupings are deem ed agreed, even if representatives of a group were 
present, the entire Membership must be included, and explanations provided on how the outcome 
was reached. This would include an explanation of the options and their rationale. At this time the 
Members sho uld have the time to look at which option is desirable to them and weigh the pros and 
cons and the risks.  
2.39.   In terms of notifications and transparency, the LDC submission contains some proposals we 
wish to be discussed in the General Council process ahead. Our submission also includes ideas on 
reforming the process of Committee and Councils meetings, to avoid overlaps that aggravate the 
already severe capacity constraints for LDCs to keep up with the meetings and to participate 
effectively. On another matter , we think that the issue of penalties and administrative measures on 
LDCs should be reformed. Existing administrative measures, including ineligibility for technical 
assistance and access to documents, due to arrears in WTO membership fees, should be revi ewed 
and re -examined. Regarding Appellate Body reform, we insist on a two -tier system. This issue is 
critical to the structure and workings of the WTO. We hear that some have said that LDCs are not 
involved in disputes and should not be concerned. However,  we have indeed participated as third 
parties, and we will eventually graduate. All discussions must be transparent, multilateral, and 
inclusive. On agenda items 2(b) and 3, the LDC Group thanks you, Chair, for beginning the 
consultations necessary for us to proceed with the guidance of Ministers at MC12 document 
WT/MIN(22)/32. The LDC Group supported that we continue the work programme and the 
discussions on the impact of the moratorium, both mandated since 1998. We should prioritize the 
development consid erations in recognition of the timelines found in the decision. The LDC Group 
submission in WT/GC/W/787 must serve as part of the contributions for our work ahead. In months 
ahead, we will also contribute further inputs into the Work Programme.  
2.40.   The repres entative of Antigua and Barbuda , on behalf of the OECS , delivered the following  
statement:  
2.41.   We wish to offer our condolences to the United Kingdom on the passing of Her late Majesty 
Queen Elizabeth II and we wish to offer condolences also to the Central Afr ican Republic in respect 
of Ambassador Samba. We also wish to welcome new ambassadors and to bid a fond farewell to the 
departing ones, especially our own Chad Blackman of Barbados who was very active in our CARICOM 
Group.  
2.42.   The OECS WTO Members are aligned with the statements on behalf of both the CARICOM and 
ACP Groups. Chair, many thanks for your reports and all the intersessional work that you have 
conducted on the vital issues of WTO reform and the E -Commerce Work Programme. We refer to 
our statements ma de on these matters at the Informal General Council on 4 October. However, 
permit us to offer a few brief reflections. The OECS remains committed to advancing meaningful 
work on both reform and the ecommerce work programme.  
2.43.   With respect to WTO reform, we w ish to state the following: we should agree on the 
perimeters for reform, and we believe that the work you have set out can take us further in that 
direction. We need to preserve space for small delegations to be fully engaged in our discussions. 
This mean s that our work on reform must remain faithful to the principles of inclusivity, transparency 
and openness. The work of the subsidiary bodies must be brought back to the General Council. To 
do otherwise would inadvertently exclude small delegations like ou rs which lack the capacity to 
engage across the board from important discussions and decision -making. Furthermore, while we 
have acknowledged the informal discussions on dispute settlement matters, and in fact we have WT/GC/M/201  
 
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  participated and done so constructivel y and in good faith, the entire membership needs to also be 
involved in addressing the challenges concerning the dispute settlement system.  
2.44.   Concerning the E -Commerce Work Programme, we once again place on record our desire to 
reinvigorate this work, partic ularly on issues pertaining to the digital divide and the impact of the 
moratorium. We should also return to the structured format which we attempted two years ago. We 
also reiterate our call for an independent analysis on the impact of the moratorium give n the 
divergent views on this issue.  
2.45.   The representative of Singapore  delivered the following statement:  
2.46.   Singapore commends your extensive and inclusive consultations with Members and support 
your proposed ways forward on these two very important issues. Al low me to make three points on 
each of these two issues. Members have been given a clear mandate MC12, "commit to work towards 
necessary reform of the WTO ". However, as you have highlighted on Tuesday, we know that reform 
means different things to differen t Members, who also have different thinking on how we can 
advance reform. In this context, we should be realistic and approach WTO reform as a multi -year 
journey, but we should have clear checkpoints to ensure that we are able to reach our destination 
in a timely manner. Hence, we envisage the journey in three phases, namely "discovery, distillation 
and delivery ". Given that WTO reform means different things to different Members, it is worthwhile 
as you have proposed, to invest some time in the "discovery " phase, where all Members will be given 
the opportunity to articulate their ideas on WTO reform. This could take place during the upcoming 
retreat as you have proposed. The "discovery " phase will likely end with a well -decorated Christmas 
tree, or to borrow  your words, it will be "like a jungle ". Hence, the "distillation " phase is critical for 
Members to identify baskets or packages of issues that enjoy wide traction and broad -based support 
for further discussion. This is when Members have to exercise flexib ility and find common ground 
and discard the "my way or no way " attitude. Again, in your own words, we must find order in the 
jungle, which will be an extremely challenging test in terms of "delivery ". The first checkpoint could 
be MC13, where Members can deliver a "distillation " of the key issues for our Ministers to blessed. 
We must entrust the GC Chair to use different configurations or modalities to engage Members and 
make progress.  
2.47.   Turning now to the Work Programme on E -Commerce. Our Ministers have also given us a 
clear mandate to reach agreement on the Work Program on Electronic Commerce. We can adopt a 
similar three -stage process. One, we need to re -examine all the original "raison d'être" of the work 
programme and return to first pr inciples, while ensuring that Members use the work programme to 
pursue a positive agenda. Two, we can reinvigorate the work program by focusing on elements that 
are relevant to today's digital realities and help Members, especially developing Members, to b uild 
their national digital strategies. Three, we need to redesign the process by using the work program 
to develop an overarching policy framework to guide digital transformation and be an interface to 
generate ground -up digital initiatives by industry to  support the development of the digital 
ecosystem. Singapore is committed to continue working with all Members to tame the jungle rather 
than allowing the jungle to overcome us.  
2.48.   The representative of Cambodia  delivered the following statement:  
2.49.   My delegatio n aligns with the statement made by Djibouti on behalf of the LDC Group. First, 
we take note of the mandate provided to the WTO by the Ministers at MC12 to take up the issue of 
WTO reform. I think in the MC12 outcome document, it is quite clear of what the  process in 
conducting WTO reform should be. Therefore, it is important that we carry out our work in 
accordance with the principle of Member -driven, open, transparent, inclusive, and must address the 
interests of all Members, including development issues.  On this matter, I just want to re -emphasize 
the need to adhere to this principle to ensure full and comprehensive participation from all Members 
regardless of their level of development and interest, as the outcome will affect all Members. Second, 
we woul d like to emphasize that we take the issue of WTO reform seriously and with careful 
consideration. The document JOB/GC/223/Rev.1, which provide the LDC Group's views on WTO 
reform, is a clear indication of our commitment and strong interest in the matter. Third, we would 
like to underscore the need to restore the two -tier dispute settlement system which is a critical pillar 
of the WTO. On this particular topic, it is important to adhere to the principles whereby any reform 
should avoid creating rules and pr ocedures that impose administrative burdens and additional 
complexity on LDC parties or third parties in disputes; and that legal advice and assistance to LDC WT/GC/M/201  
 
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  Members should be appropriately provided including additional flexibilities and resources for LDC  
Members. Finally, we look forward to the discussion on the matter of WTO reform and will participate 
constructively in all forthcoming discussion.  
2.50.   The representative of China  delivered the following statement:  
2.51.   On WTO reform, we thank you, Chair, for the report on your consultations, both today and 
Tuesday. It is a very comprehensive report and fully reflects Members' views. For China, we see that 
WTO reform is an ongoing exercise, rather than from scratch. The agreed paragraph 3 and 4 in the 
outcome d ocument of MC12 mean that all Members are committed to the WTO reform and are ready 
to engage. We hope such commitments will become concrete actions. In this regard, we agree with 
you that subsidiary bodies should be tasked to see what have already been do ne and what are 
already on the table. On substances, Dispute Settlement, especially a fully functioning Appellate 
Body, is our first priority. We welcome the current expert discussions and hope it could lay a good 
basis for further formal discussion and de cision -making in a later stage. Also, proposals on other 
functions of this Organization are already on the table. It is important for us to ensure that by MC13, 
if not earlier, concrete outcomes could be achieved in these areas, as they are critical to the  existence 
and functioning of the WTO. During the whole process of this reform, WTO's core principles should 
be well preserved and observed. Development should be at the centre of the whole exercise. The 
process should be Member -driven and proposal -led. In  the meantime, we should avoid conceptual 
debates, but focus on substances, and seriously engage in discussions especially on those proposals 
from developing Members and LDCs. This reform should be regarded as an opportunity to find new 
thinking and new ap proach to get the stuff done, rather than be seen as an opportunity to overturn 
the existing mandates. In the meantime, we should also be careful not to overload this organization 
by introducing topics that are not relevant to trade or beyond the mandate o f WTO as a trade 
organization.  
2.52.   On E-commerce, my intervention will cover item 2(b) and 3. On the work programme on e -
commerce, we hope the successful MC12 will lead the discussions in relevant bodies to be more 
substantial and targeted with the engagement of all Members. China notes the CTD document 
WT/COMTD/W/264 circulated by India and South Africa, and we look forward to engaging in the 
discussions on further proposals submitted by Members in CTG, CTS and TRIPS Council. On the 
moratorium, it is disappoin ting that after several years of discussions, Members' positions are still 
polarized. We see the value of those dedicated discussions held before under the auspices of General 
Council, and we support your idea to continue such kind of discussions. People e mphasize the need 
to have experts representing different views of Members and we agree to it. But from the previous 
experience, we see that Members with different views will refer to analytical studies of experts 
supporting their own positions and people a re talking on different pages. So, if we want to have a 
common ground for such kind of discussion to build consensus, we need to have an analytical study 
acceptable to all Members as a discussion basis. For this purpose, we would like to suggest the 
Secret ariat to take the leading role to work together with OECD, UNCTAD and other experts to have 
a joint study which could facilitate Members' discussion and help reach consensus.  
2.53.   The representative of Sri Lanka  delivered the following statement:  
2.54.   Regarding WTO  reform, during the consultations, Sri Lanka shared its perspectives around 
three key areas, namely, on what are the necessary reforms, clarifying the Ministerial mandate on 
WTO reform and its boundaries, and what are the most appropriate institutional arr angements for 
conducting the WTO reform process. We reiterated that there must be a standing agenda item in 
General Council meetings for WTO reform. We also stated that Members should prepare a necessary 
list relating to WTO reform. In preparation of this necessary list, development agenda in favour of 
developing and LDC Members should figure prominently. The multilateral trading system must give 
space for developing countries to industrialize. This explains the strong push by developing countries 
for devel opment to be at the centre. Hence, the development issues in the DDA continue to be of 
paramount importance to us. These include implementation issues, S&DT, and agriculture -related 
issues – public stockholding, SSM and domestic support. Finally, on fisher ies subsidies, in accordance 
with the existing mandates, work should continue in this area in accordance with the mandate 
provided by MC11 and MC12.  
2.55.   On the specific questions posed on how to organize our work, WTO reform is a process as 
much as it is subs tantive. We should consider Members' submissions in the General Council and its WT/GC/M/201  
 
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  subsidiary bodies as and when they come in. However, we hope that Members will not flood the 
WTO Bodies with submissions as small missions do not have the capacity to respond t o all those 
issues and attend to all meetings – which we have witnessed, and also as we have heard from many 
delegations today. It may be useful to have a standing item in the agenda on WTO Reform so that 
we can keep track of the work and progress. We also  suggested, in the absence of small delegations 
being able to participate effectively in those discussions, as a transparency exercise, the open -ended 
sessions should be held. This would help small delegations who have missed small group discussions 
to app raise themselves of the progress being made. A similar approach could be used in the bodies 
if submissions for reforming the work in the subsidiary bodies are proposed.  
2.56.   So, how do we best move forward our work in a results -oriented manner, including what 
priorities should be and what process should be in place? We need to prioritize the multilaterally 
mandated issues, especially agricultural reform, food security and development which I alluded to 
in my intervention. There is a need for all Members to be c onstructive, in particular in the CTD SS, 
where we look forward to constructive engagement from all Members on the G -90 proposals which 
are extremely relevant in the post COVID -19 context. Specific matters relating to WTO reform may 
be taken up in differen t WTO bodies, including various Councils and Committees depending on the 
nature of the technicality of the matter. However, cross -cutting issues should be discussed at the 
General Council. On institutional reforms, these issues need to be taken in the Gene ral Council for 
formal consideration. On the Chair's oral report, it should be noted particularly in Paragraph 1.20 
where reference was made to the General Council and subsidiary bodies, our understanding is that 
Paragraph 3 and Footnote 1 of the MC12 Outc ome Document used the reference "General Council 
or its subsidiary bodies". Your report aims to suggest that these subsidiary bodies would report to 
the General Council, as appropriate. We would like to get some clarity on which subsidiary bodies 
we are ta lking about. It cannot be any other subsidiary body, because it has to be technically relevant 
subsidiary bodies. It will depend on the issues that we are going to focus on. We know that we 
already have a mechanism on dispute settlement -related matters. We  are thankful to those 
delegations participating in these discussions, particularly to the United States who has taken a 
leading role in this regard. The United States has reached out to us as well, though we are not a 
very strong advocate and participate in that discussion. Those are some of the examples that we 
see would be quite productive and dynamic to get more delegations into the negotiations and seeking 
convergence around issues. Before concluding, we also like to place on record your efforts, Chair , 
because you have reached out to all delegations, whether they are small or big. That is the sense of 
comfort and confidence that we look forward to having as we move forward on WTO reform.  
2.57.   The representative of Norway  delivered the following statement:  
2.58.   I join others in expressing condolences to the United Kingdom and Central African Republic. 
Since this is my first General Council, I also wanted to say thank you to all the warm words of 
welcome expressed today.  
2.59.   Turning to the issues - on reform I would l ike to thank you, Chair, and the DG, for your efforts 
and consultations you have carried out. During the Informal meeting on Tuesday, Norway did not 
take the floor. The reason for that is actually that we were quite happy with the way you summarized 
the wh ole discussion – our views were quite well reflected. Very short – we support your approach 
for a combined bottom -up and top -down approach and also your proposal of having a retreat at the 
end of the month or beginning of next month.  
2.60.   For us, we think devel opment should be an important part also in the reform discussion. When 
it comes to dispute settlement, we favour that the informal discussions/consultations continue for a 
while, or as you said , some  time – not unlimited.  
2.61.   Now turning to the Work Programme on E-Commerce, we agree that we should intensify 
work, not least on the development dimension. When it comes to the moratorium our desire is to 
find a permanent solution for the customs duties on electronic transmissions. We favour an open 
discussion also with other factors and we think ecommerce should be on the agenda also in CTS, 
CTG and the TRIPS Council. And to your suggestion that we have a facilitator for E -Commerce, we 
think that is an excellent idea.  
2.62.   Turning to fish, two quick points – first and pe rhaps the most pressing, in the short run is to 
obtain entry into force – that is important. We have started our procedures back home. We hope to WT/GC/M/201  
 
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  have it done by the end of the year and we encourage others to do this as speedily as possible. Part 
two of th e fishery negotiations - the rest of the mandate, we look forward to the retreat early next 
week and hopefully some real brainstorming taking place there.  
2.63.   Finally, I have to say two sentences on the situation in Ukraine. Russia's attempt to annex 
territory  of another WTO Member through the unlawful use of force is a flagrant violation of 
international law including the UN Charter and also WTO principles. We will stand by Ukraine as long 
as it takes.  
2.64.   The representative of Jamaica  delivered the following stat ement:  
2.65.   Jamaica welcomes Paragraphs 3 and 4 of the MC12 Outcome Document agreeing the agenda 
for reform in the WTO. We believe that development issues should be at the centre of the reform 
negotiations. WTO reform should maintain the multilateral character of the WTO. It is critical, also, 
that WTO reform recognizes the need for the WTO to transition into an organi zation that is fully 
equipped to assist its Members, especially the most vulnerable among them, in an evolving global 
trading system. Issues such as embracing new forms of trade, elimination of trade barriers for small 
enterprises, increased global market presence of small economies, export diversification and 
incentives to build the international competitiveness of developing countries are assigned  high 
priorities.  
2.66.   Technical assistance  and capacity building must remain a crucial part of the WTO's work. 
Eligibility for technical assistance and capacity building for developing countries should not be 
constrained by externally imposed, pre -defined requ irements or indicators such as per capita 
incomes. The negotiations on WTO reform should not serve as a platform for Members to pursue 
political agendas that are known to be divisive in the WTO. That approach will only lead to years of 
delay in what Jamaic a considers to be an important and urgent process.  
2.67.   Special and differential treatment for developing countries and LDCs must continue to be an 
integral part of existing and new agreements. The reform negotiations should also ensure that the 
WTO makes a ta ngible contribution, within its remit, to tackle the issue of climate change and to 
assist its members in dealing with issues of resilience to and recovery from natural disasters. Reform 
discussions should assess how Ministerial Conferences are organi zed so that appropriate adjustment 
can be effected, as necessary, to make the work of Ministerial Conferences as efficient and effective 
as possible.  
2.68.   On process, the negotiations should be transparent and inclusive. Jamaica does not oppose 
the convening of sub -plenary meetings if the Chair is of the view that doing so will be of value. 
However, Jamaica has a legitimate expectation that sub -plenary meetings must be characteri zed by 
inclusivity and equity in participation in order to properly reflect the heteroge nous nature of the 
WTO. Outcomes from sub -plenary meetings or processes should not be viewed as a fait accompli . 
We all have views reflecting our domestic stakeholders' concerns and interests, and these views 
must be treated equitably.  
2.69.   We listened to Memb ers that call for an evidence and data -driven discussion. We are not 
against an evidence -based discussion but the issues of Members that lack capacity to present 
detailed data should not be put aside on the basis of fabricated perception that those issues are 
unfounded. We all have different experiences and methodologies in the implementation of our 
national development policies, so we expect the negotiations to be sensitive to this reality.  
2.70.   The agenda should be open and takes on issues of interest for all  Members. Meetings should 
be schedule in a manner that takes account of the capacity constraints of small delegations, most 
of which would have a single delegate covering multiple issues. Jamaica will be engaging 
constructively in the discussions and we he reby kindly request to be included in your consultations. 
In closing, we align ourselves with the statements from the CARICOM and ACP Groups.  
2.71.   The representative of Kenya , on behalf of the ACP  Group , delivered the following statement:  
2.72.   Our intervention appli es to both Item 2.b and Item 3.  I thank you for your detailed report and 
for your dedication to this file. We also applaud the manner of your engagement, which we have WT/GC/M/201  
 
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  found productive, and based on respect, openness, transparency and inclusivity. We are c onfident 
that you will continue to undertake the work in this manner. We refer to our comprehensive 
statement that we made at the Informal General Council on 4 October. However, for emphasis, we 
want to highlight a few points briefly.  
2.73.   The ACP is committed  to WTO reform and even ahead of MC12, ACP Ministers had set out 
their expectation for WTO Members to launch a process for the reform of the Organization on the 
basis of transparency, inclusivity, consensus -based decision -making, fairness and equity. We se e 
benefit in undertaking our work on reform through a structured process at the level of the General 
Council, but with the subsidiary bodies given the remit to contribute to the process ad referendum 
to a final decision of the General Council.  
2.74.   For the ACP  Group, central to our work on reform would be securing an outcome which boosts 
the development dividend of the WTO in terms of how it contributes to better outcomes for 
developing countries and LDCs with respect to the application of special and different ial treatment 
in WTO agreements; providing policy space to pursue strategic and industrialization objectives; 
facilitate inclusive growth and development and further integrate developing countries and LDCs into 
global value chains.  
2.75.   Furthermore, we see resolving challenges and concerns with respect to the Dispute 
Settlement System to be of the utmost priority. The ACP reiterates its desire to have a fully restored 
Dispute Settlement System which preserves the current two -tiered struct ure. We look forward to 
multilateral discussions on the dispute settlement matters and commit to playing a constructive role 
in any such endeavour.  Once again, thank you for your report and we look forward to the work 
ahead.  
2.76.   The ACP Group thanks you for th e report on your consultations on the 1998 Electronic 
Commerce Work Programme in light of the MC12 decision. The ACP Group has been a staunch 
supporter of reinvigorating the Work Programme and has been consistent in General Council 
meetings in not only sup porting structured discussions but also by requesting that such discussions 
cover all issues within the scope of the Work Programme. We are therefore encouraged by the level 
of engagement that is being demonstrated by Members, particularly as it relates to  the development 
dimension.  
2.77.   We wish to refer to the comprehensive statement that we delivered at the Informal GC on 
4 October, and to reiterate the high level of importance that the ACP Group places on the principles 
of consensus, transparency, inclusiven ess and openness, as well as the Member -driven nature of 
the WTO. The ACP Group will continue its internal reflections on the future work over the next few 
weeks and stands ready to engage with all Members on reinvigorating the Work Programme on 
Electronic  Commerce.  
2.78.   The representative of the United States  delivered the following statement:  
2.79.   On item 2 .A of the agenda WTO reform, we just want to express our thanks and support for 
your proposal on how to move forward. As I have said before, looking forward to t he brainstorming 
sessions later this month or earlier next month.  Just a couple of additional points, I think we have 
had some conversations where we agree with comments that have been made by others advising 
against looking at a very fulsome package, we s hould look at reforms as they come a long and 
harvest them as they are ready. I was going to say and remind people of sage words of we need to 
act, to think, work and act differently but now I am still digesting the discover, distil and deliver, so 
more fo od for thought there.  Since we got a read out from the TRIPS Council Chair on the 
conversations with respect to the waiver. I just want to, for transparency purposes, let everybody 
know where we are, that is we a continuing to conduct our domestic consulta tions on whether to 
extend the TRIPS Decision to cover the production and supply of diagnostics and therapeutics for 
COVID -19. As part of our consultations, we are in the process of gathering information on the use 
of diagnostics and therapeutics to treat COVID -19. We are also gathering information on related 
issues, such as supply, production, demand and distribution as they relate to diagnostics and WT/GC/M/201  
 
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  therapeutics for COVID -19. We will continue to engage in these consultations at home and also 
engage with e verybody here as we continue on this issue.  
2.80.   The representative of Cameroon , on behalf of the African Group , delivered the following 
statement:  
2.81.   I am delivering this statement, on behalf of the African Group. The African Group has taken 
note of your report and we would like to reiterate that the MC12 outcomes must be implemented in 
a manner that it is satisfactory to all. We would like to draw your attention to the African Minister's 
Statement on Reform, circulated on 14 June 2022 and contained in doc uments WT/MIN (22)/18 and 
WT/GC/250 respectively. In addition, paragraph 3 of the MC12 outcome document provides a clear 
commitment and guidance for reform discussions. It is in this light that we support your efforts on 
reform and call for the commencemen t of a member -driven, open, transparent, inclusive, and 
targeted reform of the WTO in the General Council and its subsidiary bodies. Consensus -based 
decision -making is a major tenet for all the members of this organization. Therefore, the African 
Group wou ld like to stress the importance of preserving Article IX.1 of the Marrakesh Agreement as 
we embark on WTO Reform. Having said that, the restoration of the Appellate Body is crucial for the 
maintenance of the balance of rights and obligations that were car efully negotiated in the Dispute 
settlement Understanding. The reform of the dispute settlement system should, therefore, be our 
highest priority, to ensure that we have a well -functioning dispute settlement system accessible to 
all Members by 2024. The Af rican Group is also of the view that the WTO reform should be based 
on based on written submissions by Members and address the interests of all Members, in particular 
development issues. We therefore stress the need to reinforce special and differential tr eatment 
(S&D) as a core tenet of the WTO, its agreements and future negotiations; address longstanding 
imbalances in the rules; and retain equality and inclusivity as core principles. We remain committed 
towards developing a common understanding, through m ultilateral engagement, the institutional 
challenges that Members seek to address in the dispute settlement function, negotiating function, 
monitoring and implementation of mandates and Decisions. Finally, the outcome of the WTO reform 
process must safegua rd the necessary policy space needed for developing countries, especially LDCs 
and Small Economies, for their structural transformation, industrialization and economic recovery.  
2.82.   The representative of the  European Union  delivered the following statement:  
2.83.   The European Union will not repeat its statement made on 4 October at the informal meeting, 
but I would just highlight some key points. We were encouraged to hear at the informal meeting the 
strong commitment to reform expressed by Members during your consul tations. Today you sketch 
out a way forward that we fully support. We believe highly meaningful work can be done in the 
Committees in conjunction with discussions in the General Council on relevant matters. For the 
European Union reform of the dispute sett lement function is a pressing priority. We believe the 
necessary space needs to be given to the ongoing informal process at this juncture, to be 
complemented by a more formal process at the appropriate moment next year. The retreat we are 
going to have wil l offer a first opportunity for Members to discuss the different issues of the reform. 
The European Union also welcomes the increased interest among Members to engage in the 
implementation of the MC12 decision on e -commerce, in particular intensifying enga gement on the 
development/digital trade related issues. We welcome the Chair's suggestion to hold a dedicated 
General Council session on e -commerce, and that the work in specific committees could continue on 
the basis of Members submissions. We stand ready  to intensify engagement based on facts and get 
into specific discussions as soon as possible to identify a way forward on both issues well ahead of 
MC13. And we have heard last week at the Public Forum the strong interest by industry and 
particularly MSME s, to have a constructive discussion with a view to an extension at MC13.  
2.84.   The representative of Nepal  delivered the following statement:  
2.85.   My delegation wishes to refer to the statement delivered by Nepal at the meeting of this 
council in July and expresses  its full commitment to effective implementation of the Geneva package 
of MC12. I commend you, Chair, for inviting my delegation in consultation where Nepal has shared 
its perspectives on this matter. Regarding the process, both bottom up and top -down appr oach can 
be applied based on the subjects and sensitivity of the issues. For instance, defining the scope, 
setting parameters, and fixing the modality can be decided by the General Council. Based on such 
a decision, the General Council and its relevant sub sidiary bodies can proceed to conclude our tasks. 
Regarding the scope, my delegation views that all three pillars of the WTO functioning should be WT/GC/M/201  
 
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  covered. In addition, levelling the playing field in legal architecture, accession practices and WTO 
function ing is essential. Discrimination in some WTO laws such as Agreement on Agriculture, and 
discrimination between founding and acceded members created by the accession practices need to 
be fixed. Let me give you an example Chair. Nepal, Cambodia and other LDC s who joined the WTO 
through the accession process have higher level of commitments and obligations than some founding 
developed country members. Therefore, concerns of members especially the LDCs who joined the 
WTO through accession process with very high  level of commitment and obligations beyond their 
capacity should be addressed. This would allow them adequate policy space to take needful decisions 
in their socio -economic development.  
2.86.   Special and differential treatment for developing countries, especia lly the least developed 
countries and land -locked developing countries, should be an integral part of the WTO reform for 
building their trade capacity. Another important aspect to cover is that if any member faces huge 
trade gaps after joining the WTO such  as having export import ratio of 1:10 or higher, for ratio 
threshold we can discuss further, but they should be given adequate flexibility for adopting needful 
policy space in a non -discriminatory manner. Similarly, issues and challenges faced by graduate d 
LDCs should be included in the WTO reform to ensure smooth transition after graduation. Finally, 
land-locked developing country members have been facing unique difficulties and challenges while 
participating in global trade. Therefore, their concerns sho uld also be addressed in an appropriate 
manner through the reform process. My delegation stands ready to engage in the entire reform 
process and contribute to conclude it in a timely and inclusive manner. Let me turn to work 
programme on electronic commerc e. Going digital has become essential especially in the context of 
COVID -19 pandemic. However, LDCs and LLDCs have not been able to participate in and benefit 
from e -commerce. This is mainly due to the huge digital divide especially in availability, access ibility, 
affordability and application. Reinvigoration of ecommerce work programme is urgent to address 
these gapes especially in LDCs and LLDCs.  
2.87.   The representative of Colombia  delivered the following statement:  
2.88.   As a developing country that faces major ch allenges in matters of trade and taxation, 
Colombia has always considered e -commerce to be a tool for development. The very basis of this 
tool is the opportunities it provides for countries such as ours to access third markets on an equal 
footing and by ta king advantage of the fact that e -commerce has lower costs and fewer 
intermediaries. We support initiatives to renew and reinvigorate the work programme and associated 
discussions. We are receptive to open discussions in different configurations and approa ching this 
issue from different angles in order to capture the interests and concerns of all Members. The 
participation of other international organizations and stakeholders will be essential to have an 
informed debate. Similarly, Colombia supports the mor atorium on the imposition of customs duties 
on electronic transmissions. The Organization cannot backtrack on this matter and must take a 
forward -looking view of future trends in global trade. Related to this issue, we wish to reiterate the 
importance for Colombia of the moratorium on intellectual property, and we emphasis the call we 
made to discuss and approve the two moratoriums at the same time, which has allowed both to 
continue to be renewed.  
2.89.   The representative of Switzerland  delivered the following s tatement:  
2.90.   Regarding WTO reform, we refer to the statement made during the informal General Council 
meeting of 4 October, which we have sent to the Secretariat for inclusion in the minutes. As for 
e-commerce, Switzerland welcomes the decision taken during t he Twelfth Ministerial Conference on 
the Work Programme on Electronic Commerce and the extension of the moratorium. Members have 
thus ensured that the WTO remains a relevant forum for digital trade governance in this century. 
Our delegation supports the re vitalization of the Work Programme and the particular focus on the 
development dimension. As we have already expressed our views regarding the structure of the 
discussions, we will not address this matter in detail. Allow us simply to welcome the return of  the 
"dedicated sessions", a format that has proved successful in the past. Regarding the development 
dimension, we align ourselves with the view expressed by Canada in the informal meeting, in that 
we would welcome hearing directly from developing Members , including least developed countries, 
about the trade related issues that they consider to be priorities. Accordingly, Switzerland will consult 
with a number of Members to identify priority topics for discussion. Switzerland is of course willing 
to contin ue contributing to discussions on the moratorium. Lastly, Switzerland condemns Russia's 
military aggression against Ukraine in the strongest terms. The annexation of Ukrainian territory by WT/GC/M/201  
 
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  Russia violates the territorial integrity and national sovereignty of Ukraine. By pressing ahead with 
this annexation, Russia has broken international law once again since its annexation of Crimea in 
2014. Switzerland does not recognize the incorporation of the Ukrainian territories into the Russian 
Federation.  
2.91.   The repres entative of  Samoa , on behalf of the Pacific Group , delivered the following 
statement:  
2.92.   I speak on behalf of the Pacific Group. We will submit the full statement after the meeting 
and would like to highlight the following: Thank you for your report to the In formal GC meeting and 
your brief presentation to this meeting this morning, on your consultations on the WTO Reform with 
Members; and we commend the transparent and inclusive manner in which the consultations are 
taking place. The Pacific Group supports th at the WTO reform should aim to improve the three 
functions of the WTO of monitoring, negotiations, and dispute settlement) in line with the MC12 
outcome. On the process, our view is for this work to continue under the General Council to 
coordinate the ove rall reform agenda and consider cross -cutting issues, complemented by the work 
in subsidiary bodies. We understand, this is in line with your proposal; and stress that the process 
should be transparent and inclusive of all Members. On the Appellate Body, t he Pacific supports the 
restoration of the two -tier dispute settlement system. The reform should ensure that the dispute 
settlement system is accessible by all members, including Small Island Developing States 
particularly so, for the Fisheries Subsidies A greement.  
2.93.   The Work Program on E -Commerce is important for Small Island Developing States. We are 
pleased to note that many Members are ready to reinvigorate the work program and that work has 
started in the subsidiary bodies. This work must help address t he development dimension of 
Ecommerce to bridge the digital divide. Surrounded by the vast Pacific Ocean, e -commerce, is a 
development opportunity to address the inherent barriers to trade that we face. More work is needed 
to improve trade logistics, the r egulatory environment, building secure e -payment systems, trade 
facilitation and skills training. To strengthen national and regional efforts through the Pacific 
e-commerce strategy, the Pacific Group supports meaningful and targeted opportunities to share  
experience and best practices to build understanding on issues affecting e -commerce and solutions 
to address them; as well, a better understanding of the impact of the moratorium for developing 
countries on revenue and the development of digital industrie s. On process, the Pacific Group 
supports the role of the General Council in the co -ordination of this work and in dealing with cross -
cutting issues as well as the work in the subsidiary bodies.  
2.94.   On the TRIPS Waiver, we thank the Chair of the TRIPS Council for his report. The Pacific 
Islands are heavily reliant on imports including essential medicines and medical supplies and 
equipment. The MC12 decision was important to ensure access by all Members to COVID 19 vaccines, 
therapeutics and diagnostics. We have  less than three months to reach the six months deadline set 
by MC12 for a decision to include therapeutics and diagnostics. We urge Members to work 
expeditiously in the TRIPS Council to ensure such a decision is reached in line with paragraph 8 of 
the Min isterial decision. We emphasize the need to progress work on future preparedness in line 
with (paragraphs 23 and 24) of the MC12 Ministerial Declaration.  
2.95.   The representative of South Africa  delivered the following statement:  
2.96.   On agenda items 1 and 2, we refe r to the substantive statements that we gave at the informal 
General Council of 4 October. These have been furnished to the Secretariat and we request that they 
be entered into the formal record. Our core priority is industrialisation as set out in Africa' s Agenda 
2063. My delegation is committed to engaging in constructive dialogue with a view to explore how 
as we consider the Work programme on e -commerce and advance our discussions on WTO  reform 
that we ensure outcomes that support our industrialisation o bjectives, which highlights the 
importance of the intersection between trade and industrialisation. As we said in the Informal 
General Council, South Africa's perspective on WTO reform is articulated in the fourth Revision of 
the Africa Group, Cuba, India and Pakistan paper entitled: "Strengthening the WTO to Promote 
Development and Inclusivity ". We would like to share the principles that summarise SA's perspective 
on WTO reform. First, safeguarding the multilateral character of the WTO. This includes uphol ding 
and retaining consensus decision -making, equality, inclusivity and transparency in the operations of 
the WTO. Second, preserving the Member -driven nature of the WTO. This implies that Chairpersons 
of WTO bodies and the Secretariat uphold their roles a s neutral facilitators of engagements among WT/GC/M/201  
 
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  Members. Similarly, the role of other stakeholders, including intergovernmental and international 
organizations should be confined within their mandate and with due regard to a multiplicity of 
perspectives. Third , preservation of policy tools to promote economic recovery and provision policy 
flexibility to support Intra African Economic integration, structural transformation and 
industrialization. Fourth, reaffirming the principle of Special and Differential Treat ment for 
developing countries in the WTO within existing and future agreements - We would emphasize the 
important role of the CTD -SS in this regard. Fifth, reasserting development within the WTO by 
delivering on longstanding development mandates. Sixth, res toring a functioning, independent and 
effective dispute settlement system in order to preserve and enforce the rights and obligations of all 
WTO Members in a fair and even manner. The dispute settlement system should be reformed to 
ensure it is accessible by all, particularly developing countries. Finally, we associate ourselves with 
the statements delivered by Cameroon on behalf of the Africa Group and Kenya for the OACPS.  
2.97.   The representative of the Russian Federation  delivered the following statement:  
2.98.   I would like to start with some general observations regarding the conduct of our meeting. In 
your letter of 21 September, Chair, you called for respect for rules 23 and 27 of the GC rules of 
procedure prescribing the delegates to avoid repetition of statement s on issues that have already 
been raised before and it is unfortunate that some Members have chosen to disregard your request. 
Positions of those Members regarding the situation in Ukraine have been stated numerous times at 
the General Council and have no t changed, they have repeated them over and over. This distracts 
us from our joint work on mandated issues and is simply disrespectful to other Members. I also dare 
to kindly remind you, Chair that you have the right under rule 17 of the same document to c all the 
speaker to order if his or her remarks are not relevant to the agenda of the meeting. The situation 
in Ukraine is evidently not an issue of today's meeting agenda. However, since some Members 
repeated today unfounded allegations with regard to my c ountry and were not called to order I am 
forced to reply. I will try to be brief. First, attempts to pin on the Russian Federation blame for bleak 
economic prospects including in energy and food sectors are simply misleading. The energy and food 
crisis sta rted to emerge long before and the two causes lie in the systemic miscalculations and 
mistakes accumulated over decades due to macroeconomic, energy and climate policies of certain 
WTO members. The situation has been exacerbated  by unilateral restrictive m easures of the same 
Members, which they call sanctions. It is unclear whether those Members intended to hit countries 
all over the world with their measures but that is what they clearly did. As a result, everyone now 
has to pay a much higher price for ene rgy, food and other products. For some this could lead to 
unexpected costs, for others it could mean starvation. Second, the holding of referendums in the 
Donetsk People Republic and Lugansk People Republic, Kherson and Zaporozhe regions represents 
the rig ht to self -determination of the people who live in these territories. The people who were 
mistreated for years made their choice regardless of whether some like it or not. The referendums 
were held in accordance with international standards, more than 130 foreign observers from 28 
countries participated in it. Everyone who wanted to witness the process had such an opportunity. 
Those who preferred to keep a blind eye on what is really happening on the ground in those regions, 
as they have been doing during t he last 9 years, may continue to express their political views in the 
dedicated international organizations and fora but not here in the WTO.  
2.99.   On the current agenda item on the WTO reform. I did not take the floor at the informal General 
Council meeting on  Tuesday, but we heard at that meeting, as well as today a lot of useful 
suggestions on improving different aspects of this Organization's functioning and we are glad that 
discussions on the much -needed WTO reform are gaining momentum. We very much appreci ate 
your efforts as Chair and are thankful for your concise report, presented on Tuesday. However, 
before discussing specifics, it is important not to forget the bigger picture and clearly define the 
common goals and objectives of the reform. Currently, th e views and ambitions of different Members 
are too varied. The level of ambition should remain realistic, with focus on specific results that can 
be achieved in the timeframe set out in the relevant MC -12 decision. In this regard, we tend to agree 
that a s ort of "package approach" to reform will just not work. In the Russian Federation view, we 
should start by making sure that the WTO provides a stable framework of economic openness, which 
promotes economic recovery and development. The WTO system of rules must be efficient, 
enforceable and fair. These rules must be respected, and there must be remedies in case of their 
breach. Second, we support the importance of looking at the current rules and changing them, as 
appropriate, to address imbalances in the WT O Agreements and to level the playing field and I am 
sure that my fellow Article XII Group members will support such an approach. At the same time, we 
should first agree upon common rules and then implement them, rather than invent national WT/GC/M/201  
 
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  measures focuse d on specific economic elements, like the green agenda, and then impose them on 
others here at the WTO. Both regional and global economies may not be able to maintain such an 
approach. Some Members highlight the role of Joint Statement Initiatives in revit alizing the WTO 
negotiating function. The Russian Federation supported that as long as words matched the actions 
and these negotiating formats were truly open, inclusive and transparent, as declared. If the current 
trend towards a selective approach to Mem bers' participation persists – the value of JSIs as a tool 
to improve the WTO rulebook will be much less evident.  
2.100.   On the dispute settlement reform. The Russian Federation, as many other Members, initially 
was not a demandeur of the dispute settlement refor m process. Now, 127 Members of 164 are still 
consistently urging the DSB to launch the selection process and to appoint the AB members. This 
leads to a conclusion that Members are overall satisfied with the operation of the current system as 
enshrined in t he DSU. However, the fact that the WTO lost its rule enforcement tool eventually led 
to the adoption by some Members of national retaliation mechanisms and emergence of multiple ad 
hoc alternative means of adjudication. This means that the work on tweaking  of the DS system 
needs to be launched as soon as possible. Moreover, every mechanism leaves room for 
improvement. In this vein, Russia reiterates the previously raised proposal to establish a Negotiating 
Group with specific terms of reference, mandate and  rules of procedure and appoint a coordinator 
to facilitate the process. Now we are concerned with the current closed doors discussion on the AB 
reform. We believe that every Member of the WTO should be invited onboard, and every opinion 
should be taken in to account. Closed formats cause distrust and predetermine negative attitude 
towards the results that will eventually be submitted for general discussion in the multilateral format 
of the WTO. On the reform process. We believe that the discussions should b e Member -driven, 
inclusive, open, and transparent, as well as respect consensus -based decision -making. Promoting 
reform deliberations in each Subsidiary Body at expert -level seems fine, however the whole process 
should be structured and guided by the GC. O therwise, we will create more problems than we will 
solve. For example, different Committees already have conflicting proposals on improving 
transparency disciplines. Lastly, Chair, we very much support your idea of having a retreat -like event 
to discuss t he WTO reform in late October -beginning of November. We look forward to participating 
and engaging constructively in the upcoming discussions.  
2.101.   The representative of Canada  delivered the following statement:  
2.102.   I will start with restating Canada's strong condemnation of the unprovoked and unjustifiable 
invasion of Ukraine by Russia. Its efforts to deny Ukraine's existence as an independent state and 
its blatant violation of the international norms that guarantee international peace, security and the 
territorial integrity and sovereignty of all States. The purported annexation of Ukrainian territory has 
no legitimacy and will never be recognized. Canada stands in our unwavering support for Ukraine's 
right to defend itself against Russia's war of aggression. Moving to the agenda at hand, I will add 
three things based on what I heard during the day. First, on implementation matters from MC12, 
beyond what we have already said on the importance of a functioning dispute settlement system by 
2024 and the need to ke ep separate our efforts to improve the workings of the WTO from any re -
discussion of renegotiating economically substantive commitments, we would underscore Canada's 
firm belief that development objectives must be integrated across our reforms of the WTO. We also 
support your proposed approach of having a retreat -like meeting and we look forward to actively 
participating. Second, on the e -commerce moratorium and the way forward that you have outlined, 
Canada supports your approach, and we look forward to co ntributing. Thirdly, I would like to express 
Canada's support for the Director -General's suggestion for increased engagement with business and 
non-business stakeholders that she suggested this morning. The packed sessions last week during 
the very successf ul public forum – in particular, sessions on trade and climate, trade and gender, 
and inclusive trade – is evidence that the world is truly interested in the intersection between trade 
and the world's most pressing global challenges. Engaging with business  and non -business 
stakeholders will help this organization prove its ongoing relevancy to these issues.  
2.103.   The representative of Nigeria  delivered the following statement:  
2.104.   Nigeria wishes to thank you for your statement. We also wish to commend you for taking 
time to consult Members on the important issue of WTO Reform. We have already shed light on our 
priorities and expectations on this issue at the informal General Council meeting held on 
4 October  2022 and we wish that our statement be reflected in the minu tes of this formal meeting. 
Nigeria would continue to engage constructively with the membership on WTO reform to enable us WT/GC/M/201  
 
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  deliver results that would address simultaneously the longstanding development issues on the 
negotiating agenda of the WTO, and comme rcially meaningful issues that are of priority to the vast 
majority of WTO Members in this 21st century. We are confident that, collectively, we will undertake 
necessary WTO reforms that would revitali ze the organi zation and enhance its role in global 
economic policymaking.  
2.105.   The representative of Chinese Taipei  delivered the following statement:  
2.106.   On WTO reform, we are pleased to hear that Members are committed on constructive 
engagement in the WTO reform discussions. We believe it is of utmost importance to h ave a positive 
approach to listen to each other in a sympathetic manner, for frank discussions and for building 
trust. In this regard, we support a retreat -like event on the reform issues to warm up the discussion 
and to brainstorm the possible approaches to guide the reform process. On the structure and process 
of the reform discussions, we are flexible. Informal and institutionalized discussions as well as top -
down and bottom -up approaches could complement each other. For the horizontal or cross -cutting 
topics, we welcome any dedicated sessions in the General Council or any special working groups to 
discuss these topics. On the scope of reform, we note that paragraph 3 of the MC12 Outcome 
Document expects "necessary reforms " to improve all functions of the WTO. Accordingly, all 
functions which need reforms should be considered. At this stage, we hope to explore all possible 
topics which are of interest to Members. But, of course, we have to bear in mind that we need to be 
realistic and pragmatic for the purpose of achieving concrete outcomes. We look forward to the 
brainstorming session at the end of this month or early next month.  
2.107.   On e-commerce moratorium and work programme, we thank you, Chair, for your efforts to 
consult Me mbers on this issue. We believe that policy discussions and expert research, combined 
with practical experience from the industries, will help Members clarify and understand this issue 
better. We support your suggestion to hold dedicated discussions in the  General Council to address 
the development dimension, the scope and definition of the moratorium, etc. We also echo your 
suggestion that Members should engage in pragmatic, efficient and evidence -based discussions. In 
addition, we support that the relevan t WTO Bodies continue their work mandated by the Work 
Programme on Electronic Commerce to discuss topics of interest to Members, to share experiences, 
and to discuss the actual difficulties and challenges that Members face during the digital 
transformation , and to explore the way to effectively respond to and overcome the challenges. We 
stand ready to work with Members to find permanent and workable solutions to faithfully implement 
the Ministerial decisions.  
2.108.   The representative of Uganda  delivered the follo wing statement:  
2.109.   My delegation aligns itself with the statements delivered by the African, ACP and LDC Groups 
and wish to thank you for your report and the Director -General for her remarks. As many have 
highlighted, reform of the WTO is a necessary step to strengthening the rules -based multilateral 
trading system, and in ensuring that it is non -discriminatory, open, fair, inclusive, equitable and 
transparent. The substance and process of reform must be anchored on the principles and objectives 
set out in the  Marrakesh Agreement establishing the WTO, including transparency, inclusiveness, 
consensus -based decision -making, and fairness and equity in the balance of WTO Members' rights 
and obligation. The process must foster better functioning of institutions acro ss all pillars; create a 
level playing field and unlock development opportunities for all. Development has to form the axis 
of the WTO's reform agenda if we are to remedy the problems associated with implementation of 
special and differential treatment and  provide for the requisite policy space that developing and least 
developed countries so badly need for the transformation of their economies and peoples. We agree 
with those who think the General Council should lead a structured process and welcome your 
proposal for an informal consultation where we must first of all seek a common understanding of 
what a 'fit for purpose' WTO would look like, and what it would take to effectively tackle the 
institutional challenges that the WTO is facing, including the imb alances in the rules that have 
impacted Members, particularly developing countries, and least developed countries from effectively 
contributing to the shaping of rules. We hope priority is given to addressing the challenges the 
Dispute Settlement System mu ltilaterally, as well as to the improvement in the scheduling of 
meetings so that overlaps are avoided to enable more equitable participation by all delegations.  
2.110.   With regard to agenda items 2.B and 3, my delegation again aligns itself with the statements 
delivered by the African, ACP and LDC Groups and wish to thank you for your efforts towards the WT/GC/M/201  
 
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  objective of reinvigorating the Work Programme on Electronic Commerce in line with its development 
dimension. We hope this work will lead to structured discussio ns on all the issues within the scope 
of the Work Programme, including the question of customs duties and electronic transmissions, data 
localisation, data flows and source code. We must address the reality that countries are at different 
levels of develop ment and readiness to engage in and benefit from the data -driven digital economy, 
with LDCs facing the greatest challenges in building their capacities to digitalize and add value to 
their data. If we are to truly address this digital divide, honest conver sations must be had around 
the necessary flexibilities and policy space for development in the data -driven digital economy, as 
well as the requisite capacity building for digitalization that must include increased investment in the 
development of connectiv ity and data infrastructure and the promotion of digital entrepreneurship. 
With regard to the moratorium, we think that discussions on this issue should resolve long standing 
issues on the scope, definition and impact of the moratorium on customs duties on  electronic 
transmissions on developing countries. One of the reasons developing and least -developed countries 
are keenly interested in this matter is that although the Addis Ababa Action Agenda on Financing for 
Development underscored the central role of domestic resource mobilization in achieving 
development, our countries continue to be disproportionately affected by multinational corporate 
profit shifting, which has greatly undercut our ability to mobilize domestic revenues to finance 
national developme nt. The African Union Economic Commission for Africa High Level Panel on Illicit 
Financial Flows from Africa estimated Illicit Financial Flows from Africa at US Dollars 50 -60 billion 
per year in 2015 which had increased to US Dollars 88.6 billion by 2020 a nd 65% of Illicit Financial 
Flows from Africa are due to commercial practices through trade and tax abuse by Multinational 
enterprises. There are entrenched systematic disadvantages for developing countries that contribute 
to asymmetries in global taxation , with the current rules best serving the interests of capital -
exporting countries where Multinational enterprises are headquartered and failing to address the 
situation of capital -importing countries. The failure of international tax rules to keep up with  changes 
in the global economy as a result of digitalization has created gaps in corporate taxation rules that 
are advantageously used of by multinational enterprises for fiscal extraction. The United Nations 
High Level Panel on International Financial Acc ountability, Transparency and Integrity for Achieving 
the 2030 Agenda found that gaps in existing global financial rules render them unfit for purpose and 
create a system that enables tax minimization practices and base erosion and profit shifting by 
Multinational enterprises away from countries where they generate wealth to offshore destinations 
where there is low or zero taxation. We hope the discussions around e -commerce and the 
moratorium will lead to a more favourable outcome for developing and least d eveloped countries.  
2.111.   The representative of Ecuador  delivered the following statement:  
2.112.   I express Ecuador's condolences to the United Kingdom on the passing of Her Majesty Queen 
Elizabeth II as well as to the Central African Republic for the passing of our co lleague Ambassador 
Samba. I also extend a welcome to the new permanent representatives who are joining. I wish them 
every success in their work. I will refer here to agenda sub -item 2.A, i.e., WTO reform. Ecuador 
agrees with Members who expressed appreciat ion on what you highlighted in your report with regard 
to the need to move forward in the WTO reform process, in addressing the interests and concerns 
of all Members, seeking elements of consensus according to institutional practice and conducting 
this pro cess in a dynamic, transparent and inclusive manner. The WTO and its predecessor the GATT 
had a well -known objective to facilitate the growth of international trade so that it facilitates global 
economic development in the context of current international relations. Better trade for the benefit 
to all was a principal foundation in establishing this Organization at the time. The idea was to 
decrease technical barriers to trade amongst other types of barriers to trade and that this be a 
mechanism which would solve disputes that arise between Members in the implementation of the 
WTO rules. This brief summary serves to recall from our delegation's perspective that the reform 
process should not lose sight of the original objectives of the WTO. We need to ensure t hat these 
are complied with as best possible, given the current international circumstances. Thus, 
implementing the commitments of Members in line with the needs and requirements of this century. 
In the current global context, which should be guiding our w ork can be characterized as we all know, 
first of all by the persistence of situations of low social and economic development in a large number 
of countries, risk of vulnerability due to a lack of food and threats to public health and the need to 
include e ssential environmental sustainability into the global agenda. The environmental crisis 
should push us to try to contribute to the objective of reversing the imbalance we see because of 
the climate crisis and its negative effects and the impacts of the natu ral environment and the loss 
of diversity in nature. Taking into account these specific realities of each group of countries, Ecuador WT/GC/M/201  
 
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  believes that it is useful and appropriate to work in the various WTO bodies in a transparent and 
well-ordered manner and as a result of collective deliberations, feeding into the reforms.  
2.113.   The reactivation of the dispute settlement system which should be placed at the service of 
all Members at all its stages is undoubtedly one of the essential aspects of Members' efforts. We  
think that it is positive to undertake the exercise to exchange ideas that has been initiated at the 
US' request. We do trust that this initiative will lead to relevant outcomes in the various WTO bodies 
and will contribute to their work. We also hope tha t the consideration of any future reforms for the 
dispute settlement system will take into account factors the needs of developing countries such as 
Ecuador. There would need to be improved confidence not only in the system, in terms of dispute 
settlement,  but in terms of effectiveness and efficiency of world trade as a whole. For us, it is clear 
that today's existing barriers prevent some countries to bring cases before the dispute settlement 
system. Whether logistical obstacles or the need for specialized  legal representation, is tantamount 
to saying that this system does not work for all. In terms of rulings following a dispute, these do not 
take into account the asymmetries of economies and the profile of each Member in terms of global 
trade. Decisions o n disputes or rulings that are difficult to implement or that may lead to indirect 
negative effects would not only be unrealistic but would also lead to the dysfunction of the 
multilateral trading system as a whole.  
2.114.   As we have said previously, the central factor of international relations that practically affects 
the entire current trading system is the conservation of the environment. Ecuador supports 
sustainable development as part of the reflections that are being undertaken with regard to WTO 
reform. Ho wever, the WTO should not lose sight from the central factor in terms of the global 
environment. There are specialized agencies and other efforts at the global level. While these fora 
can participate, there is a purpose and commitment that the WTO should t ake on. It is up to us, 
from a trade perspective, to provide a means to facilitate and comply with the multilaterally agreed 
environmental goals - avoiding solutions that impact developing countries or that these be adopted 
unilaterally. We support an incl usive and transparent agreement with regard to the macro aspects 
of WTO reform that cannot lose sight from what has been highlighted by other Members. There are 
very relevant issues that can be adopted without waiting for reforms in other more complex area s 
to be completed. Here, we would agree that the various WTO bodies and the Secretariat could 
identify various scenarios and specific measures, bearing in mind consensus, that can be agreed 
upon without delay and implemented immediately. In the same spirit  and in order to ensure that 
our Organization can become more agile, we think it is appropriate to support Brazil's proposal – to 
organize Ministerial Conferences every year following the model of other international organizations, 
which are undertaken at the headquarters of these organizations at a time which is previously 
agreed, with sufficient time for preparation.  
2.115.   The representative of Thailand  delivered the following statement:  
2.116.   Thank you, Chair, for the report that you have conducted on document JOB/G C/318, and we 
agree with your suggestions on how to move forward with the WTO reform. My delegation is still in 
listening mode for WTO reform, so we are open to considering the suggestions of Members, but 
there are important areas that need to be highlight ed. First, the most important issue for us is the 
dispute settlement and appointment of Appellate Body members. Second, the WTO agenda should 
be expanded to be realistic. We can support including new issues especially food security and 
climate -related agen das. But we would like to mention that while we engage in additional issues, we 
want the WTO to focus on how trade can elevate or solve the difficulty in those areas. The WTO 
should stick to its mandate and not go too far from it. We would like to see more  facts and analysis 
to put into our discussion on WTO reform. Members may have different views on this. Thailand is 
open to hearing from anyone who supports more evidence -based approaches. On the e -commerce 
moratorium, we have the same issue.  
2.117.   The represent ative of Bangladesh  delivered the following statement:  
2.118.   We are grateful to all colleagues for their kind words to the departing Ambassador of 
Bangladesh H.E. Mustafizur Rahman. He is not present today, but he has conveyed his words of 
gratitude and apprecia tion to everyone, his fellow Permanent Representatives and delegates and the 
WTO Director -General with her full team in the Secretariat, for the cooperation, collegiality and 
camaraderie he enjoyed during his tenure in Geneva. Under this item Bangladesh al igns with the 
statement delivered by Djibouti on behalf of the LDCs. Bangladesh thanks the GC Chairperson and WT/GC/M/201  
 
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  the DG for their detailed reports. Under item 2.A, on the issue of WTO reform, as the LDC Coordinator 
has pointed out, Bangladesh also emphasi zes the need to consider all the elements in the LDC 
Group's submission JOB/GC/223/Rev.1 and the MC12 Declaration of LDC Ministers in October 2021. 
Bangladesh thanks the GC Chair for his invitation to an informal consultation in this regard. My 
delegation has pointed out that the development dimension in the work of WTO and preserving its 
multilateral character should be at the heart of Reform discussion. The relevant subsidiary bodies 
under the GC of course can do their part but the consolidation of such discu ssion and finalization of 
any decision on WTO reform must take place in the General Council. My delegation has also pointed 
out that every Member in WTO is equally valuable, and no one should be left behind in the decision -
making process. My delegation als o suggests improving the process of committee and council 
meetings. In this regard we strongly recommend avoiding overlaps of meetings. We also suggest 
that detailed annotated agenda for every meeting must be circulated in advance. A factual report 
on the same day, immediately after the meeting, against every annotated agenda item will be 
immensely helpful in terms of the decision of the meeting in a few words. These are just some 
examples. My delegation also considers that Reform is not a single go approac h and we need 
continuous work so that we make progress. In this regard, prioritizing the issue must respect 
consensus. Otherwise, some Members may feel the fear of exclusion and that is not the objective of 
the reform initiatives in the MC12 outcome docume nt. In other words, both the process and the 
substance are important, however, Members must decide that priority in terms of what will come 
after what, with a clear set of principles. Chair, Bangladesh supports your proposal to hold an 
informal consultatio n very soon on the next steps. My delegation looks forward to working with all 
Members and the Chairs of different WTO bodies, on implementing the MC12 outcome issues related 
to WTO Reform.  
2.119.   The representative of the Plurinational State of Bolivia  delivered  the following statement:  
2.120.   We would like to convey our condolences to the Central African Republic and the UK and 
allows us also to welcome incoming Ambassadors and we wish every success to those who are 
leaving us. Chair, we thank you for the report you de livered today and at the Informal General 
Council meeting on 4 October. It is clear that Members have various different viewpoints in terms 
of what reforms mean but as you clearly said, there is a leitmotif, there is a need, we all believe, for 
a serious a nd shared debate reflecting the interests of all without prejudging a result. Bolivia on 
numerous occasions has stressed the need for reform across the board in the WTO and that this be 
done from the standpoint of all of us. We believe initially we should focus on the most urgent topics 
such as the functioning of the Appellate Body as well as effective special and differential treatment 
measures for developing countries, bearing in mind the asymmetry between Members. That said, as 
important as reform is, we  need to work out the starting point, namely, how to undertake this and 
what route to adopt. We welcome all those who have called for a pragmatic approach. With this in 
mind, we believe that if the process is to be credible and beneficial it needs to work for the benefit 
of Members providing tools that enable all Members to participate in full transparency, enabling 
small delegations from developing countries to be able to fully participate in meetings with 
appropriate time to consult with capitals. It is a lso important that there be periodic information 
meetings to enable all to be stakeholders in the process. We also reiterate the importance of taking 
into account all contributions and inputs from various Members that may serve to enrich the 
substantive de bate in a constructive spirit in order to yield a positive outcome. Bolivia wishes to 
once again express its desire and willingness to work together with other Members on this topic.  
2.121.   The representative of the  United Kingdom  delivered the following statemen t: 
2.122.   On Tuesday we spoke at length about using our time effectively to pursue WTO reform, 
particularly so technical experts can get on with identifying practical solutions. So, in line with your 
very clear direction Chair, I am not going to sit here and repe at the position we outlined less than 
48 hours ago. Instead, we would like to request that our statement from Tuesday be submitted for 
the record of this meeting, and we will send that to the secretariat. We just wanted to focus on two 
areas where we heard  something new and had an update this morning. Firstly, on e -commerce, we 
would like to thank you for your update and the focus that you have put on this really important 
issue. We welcome your proposed way forward. The UK remains committed to both the mor atorium 
and reinvigorating the work programme as agreed by Ministers at MC12 and we look forward to 
engaging with you and all of the membership as this process moves forward. Secondly, we also 
wanted to thank the TRIPS Chair for his clear and helpful updat e on the active and constructive 
discussion taking place at the TRIPS Council. As WTO Members decide whether or not to extend the WT/GC/M/201  
 
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  TRIPS decision to COVID -19 therapeutics and diagnostics. We remain committed to advancing the 
discussions with the membership.  Our research and consultation is still ongoing and this, particularly, 
includes exploring whether Intellectual Property rights are a barrier for countries seeking to access 
COVID -19 therapeutics and diagnostics. So far, evidence shows the critical role th at the international 
Intellectual Property framework has played in the development and production of COVID -19 goods. 
It has provided legal certainty and confidence to investors, who have used it to form collaborative 
partnerships across the world which are  built on trust and cooperation. So, at this stage, we just 
wanted to reiterate that the decision of the membership and our own deliberations on this topic 
should be fact based and really based on evidence, that will help us to assess the situation on the 
ground.  
2.123.   The representative of Indonesia  delivered the following statement:  
2.124.   We are just two months away from the end of the year, and while we have achieved a lot 
during the MC12, two question remain. Have we delivered on our promises? And how can we ensure  
that the outcomes not only improve the relevance and legitimacy of the WTO, but also benefit all 
the people, cognizant of the different capacities of each Member? First, on the issue of WTO reform. 
Two days ago, Members have expressed a common understandi ng on the need of a reform despite 
diverging views on what the reform entails. While we agree with the sentiment that "there is no 
reform without change ", such a reform should not undermine the foundational principles of the 
multilateral trading system, na mely rules -based, non -discriminatory, open, fair, inclusive, equitable, 
and transparent, as well as consensus -based decision -making. Reform should also address 
continuing imbalances and asymmetries by putting development at the heart of the issue. Special 
and Differential Treatments for developing countries and LDCs, in this regard, must remain an 
integral part of the outcomes. Furthermore, Indonesia's main priority is to resolve the current 
impasse of the Appellate Body. We strongly urge that this issue sh ould be at the forefront to maintain 
the relevance and credibility of this Organization. With regard to the process, Indonesia shares the 
view that without prejudice of the discussions conducted in the subsidiary bodies, the General 
Council should remain a t the centre and any progress should be reported to the General Council to 
keep Members abreast. In this regard, we support the GC Chair's proposal to hold a dedicated 
session to discuss this matter in a more conducive and frank manner. Second, following t he 
agreement reached by the Ministers on work programme on e –commerce, we should soon follow -
up on our work in reaching a consensus on the scope, definition, and impact of customs duties. On 
this issue, Indonesia welcomes again the Chair's proposal to hold  a dedicated session on this issue. 
And last but not least, with regard to the mandated issues on TRIPS waiver, fisheries subsidies, and 
agriculture, I will elaborate Indonesia 's view under the relevant items . 
2.125.   The representative of India delivered the foll owing statement:  
2.126.   This organization has already done two reforms in the past three months. That is, I'm 
referring to the 12th Ministerial, and the topmost reform was that the Ministerial delivered ten 
outcomes. So, whatever we are discussing, whether reform s should be one big bang or continuous, 
it is for all of us to see that the process has already started. So, no one should take a high moral 
ground in saying what it should be as it has already started. The second reform what WTO has 
already demonstrated i s that what we have achieved in TRIPS is for WTO standard; it was the biggest 
reform because if I take the 2 October 2020 as the date of introduction of IP/C/W/669 proposal from 
India and South Africa and the 17 June 2022 as the decision by Ministers to ap prove part of it that 
is an outcome in less than two years. And achieving this is a big reform which I don't know why 
members are not able to acknowledge or not able to appreciate. So, I would only say that let us not 
make this reform a dialogue for market  access, a reform for further creating the divide in imports 
and exports which is leading to all these balance of payments problems of 100 countries running 
towards IMF, let us in a true sense take reform as reform what we always say back in India is - 
reform is to reform, perform and transform. One reform which can immediately done is if members 
agree today to increase the working hours of WTO, working hours in cumulative terms for the year. 
All of us are facing difficult situations, particularly Members n ot coming from Europe, will second me 
that summer vacations are for schoolboys and schoolgirls. So let us come out of this mindset of 
breaking for one and half months, then assembling, trying to break our neck with two and half 
months, then again starting planning for the holiday for 15 December, and then again planning to 
come back on 15 January. So, if we are able to do this reform today, we will be giving ourselves 
25% more time to work to reform, to perform, and to transform.  WT/GC/M/201  
 
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  2.127.   Now coming on the agenda it em, a few points. We already have, along with South Africa, 
presented the 778 papers with new co -sponsors now. It is Rev.5. So, we have given our, wish list 
of reforms from the developing countries, it is there on the table. We are willing to discuss it in  any 
format, any configuration, any manner. What we do not want to do is that in the name of reform, 
the core values and the basic principles of the multilateral trading system should not be touched, 
and it should not be again fragmented in the name of plu rilateral or joint statement initiatives. We 
also need to ensure that the proposed outcomes on reforms do not lead to change in the multilateral 
character of the WTO. On the process adopted, it should be again adopted by final recommendations 
with consensu s before taking it for Ministers for endorsement at MC13. We should have a fair and 
inclusive process which by what might be undertaken no doubt by members in meetings of the 
subsidiary bodies, and the work of these bodies should be periodically taken back  to the General 
Council, which some Members have also suggested here. And Members, all Members, whether they 
are participating in those meetings or not, should get detailed updates from the Chairs on all the 
tracks that are evolving in respective subsidiar y bodies; even if a small group meeting is called, it 
would be better for the sake of transparency and to bring and build more trust into the system that 
the concerned Chair should brief it back to those Members who were not invited for such meetings. 
Second question is on necessary reforms again, quote -unquote 'necessary reforms', and while we 
have done a lot of bilateral consultation, India is thankful to you Chair for engaging with us in both 
formats in groups as well as in bilateral formats. There are d ivergent views on what are actually 
necessary reforms. So, our suggestion will be to bring the bouquet of necessary reforms, and it 
should be in the dedicated open -ended sessions of the General Council where the decision should 
be taken. Last point on refo rm I would just like to touch upon - a few Members have talked about 
participation with other stakeholders like the IT sector, intergovernmental organi zations and others. 
My only request is that we should not change this Organization's Member -driven character because 
there is no doubt that all these participants who have participated in Public Forum can also interact 
with our respective governments. Our Members can take their views, their comments and get back 
into this room or any other  Committee meeting and say that what their private sector had said to 
them. Therefore, we are discussing among Members, but it would be very difficult in this kind of 
Organization or for that matter other international organi zations to then have against on  selective 
basis participation of few private sector representatives and it will be very difficult to accommodate 
all because we are seeing that resources are running out of this Organization.  
2.128.   The representative of Japan  delivered the following statement:  
2.129.   On WTO reform, we appreciate the proposal by the Chair. In order to avoid abstract 
discussions and to achieve concrete outcomes, we consider it effective to work at the respective 
subsidiary bodies for improving and strengthening their functions. Efforts could be made, for 
example, through introducing knowledge and insight from the private sector and external 
organizations, or through facilitating effective exchanges on Members' measures although this is the 
Member -driven organization. Of course, the subst antive discussion and decisions must be done by 
the Members. It is appropriate that the General Council plays the role of overseeing and guiding the 
initiatives in subsidiary bodies, as well as dealing with cross -cutting issues. In this regard, we should 
re-vitalize the work of horizontal nature at the Committee on Trade and Environment (CTE) and the 
Committee on Trade and Development (CTD). We welcome the initiative by the Chair to organize 
informal conversation on various issues of interest of Members on WTO reform, including retreat 
style. We expect this initiative would help Members to mutually deepen understanding on the issues 
of interest, including such aspect as the level of convergence or divergence among Members, and 
whether amendments of current a greements are implied or not. On Dispute Settlement reform, we 
support the idea of proceeding with the current informal initiative led by Members for the time being, 
with a view to connecting it to a formal process in the coming year. I also would like to touch upon 
the Work Programme on Electronic Commerce. Japan welcomes the achievement of the extension 
of the Moratorium on Customs Duties and the reinvigoration of the Work Programme on Electronic 
Commerce at MC12. Japan strongly believes that we should co ntinue maintaining our current 
multilateral practice of the moratorium, with the intention of making it permanent. We also recognize 
that the discussion on the Moratorium on Customs Duties will continue under the Work Programme. 
Japan will constructively e ngage in that discussion. Japan understands that the Moratorium on 
Custom Duties has assured a free trade environment and a sound development of e -commerce. We 
would like to stress that the moratorium has provided certainty and predictability in digital tr ade for 
both consumers and businesses, including MSMEs doing business in global manufacturing value 
chains. Lastly, given the horizontal nature of the Moratorium on Customs Duties and Work WT/GC/M/201  
 
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  Programme, we believe that the General Council is the right place t o discuss these topics, unless 
Members find specific topics that fall under certain Committees or Councils.  
2.130.   The representative of Mauritius  delivered the following statement:  
2.131.   Let us first offer the condolences of Mauritius to the United Kingdom on the passing of the 
Queen and to the Ambassador of Thailand following the mass shooting this morning. We mourn the 
loss of Ambassador Samba. We share the grief of the Central African Republic, and we remember 
that beyond he has been our dean. Many others have l ost a brother and an elder. We welcome the 
presence of the Ministers from Cameroon, the UAE and Mexico. We also welcome colleagues who 
joined us in Geneva and wish them the very best. We also wish the very best to Ambassador Rashidi, 
Ambassador Chad and Am bassador Santiago as they go forward. We will miss them.  
2.132.   Turning to the issue at hand, the Mauritius delegation would like associate itself with the 
statement made by Ambassador of Cameroon on behalf of the African Group and the Ambassador 
of Kenya on beha lf of the ACP countries. On reform, I start with the objectives, transparent and 
inclusive which everybody has repeated. We expect the process to be guided by these two objectives. 
The first step from our perspective should be to try to identify issues and  agree on what needs to 
be taken forward as part as the reform process. There is a lot of material on many tables and many 
sub-committees already and I think we need to bring these together in a dedicated session or 
starting with discussions. But we need t o think of what, in all the issues that we put on the table, 
will have a direct impact on the functioning of the WTO because there will be a tendency to put a lot 
of things on the table. Secondly, how we will make good use of the time of the membership. Ho w 
we inform Members better and how we facilitate the understanding of Members as we go forward 
particularly during negotiations and try to unravel the complexities of issues at hand. When I talk of 
good use of time of the membership, I was thinking more in  line of what you always say to us, your 
constant plea for us to make good use of discussion time. A little bit less than what Ambassador 
Brajendra was suggesting. I certainly can understand his feeling about the need to have longer hours 
to discuss and th e need, maybe to have shorter breaks but many delegations never have a break 
when they finish with the WTO, they start with the UN and Human Rights Council so it can be a little 
bit challenging for the smaller delegations to think of those longer working h ours. As I say, we stand 
ready to consider whatever he can suggest on that one. The second step on the reform process to 
us is the starting of the negotiations. There I would like to echo the feeling of many delegations that 
we should bear in mind the cons traints of smaller delegations and their ability to participate in this. 
Third, on the outcome, this must not only be the result of a consensual approach and consensus, 
but it must also be practical in nature. We must remain rooted all the time in practica bility so that 
whatever we formulate as reform proposals can actually be implemented. On this one, the language 
should not only be direct and practical, we should also be owning the language that we come up 
with. We should own the outcome as well as the im plementation process so that no -one feels that 
issues of importance to them have not been addressed. Turning to the issue of E -Commerce, there 
are two steps to this. On the first one, what you have mentioned I think we agree that the 
development dimension and the development objective should guide our discussions on this. We 
agree with your proposal that there should be a dedicated GC session on this issue. We also agree 
with the idea of a facilitator for E -Commerce. We further support the proposal for an a nalytical study 
as suggested by China and us amended or bearing in mind the proposals made by Nigeria in this 
direction.  
2.133.   On the second step, I would like to share something around connectivity. Last week those 
of us who were in Budapest heard only one mant ra which is "connecting the unconnected". Today 
even us we go forward to discuss e -commerce we know that one -third of humanity is not even able 
to join. This question of e -commerce and we need to do something about that. Now it is not for the 
WTO alone to do this or try to do it, it is for institutions working together in a coherent manner to 
address how to make the unconnected become connected. But I was thinking that we should not 
forget the value of Aid for Trade and what this can bring to this discussio n. The other thing I was 
thinking about was that the Public Forum as we see it, because it is a discussion that takes place in 
our house and brings some interesting people into the house and last week, we saw the DG talking 
to the FIFA people about solidar ity and this is where an appeal could be made for solidarity in 
addressing some of these global issues. I want to recall that next year at the Summit of the Future 
in September, the WTO will also have to show what contribution it can make to the digital gl obal 
compact. I think we need to have a discussion on this side by side with what we do on e -commerce.  WT/GC/M/201  
 
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  2.134.   The representative of the Republic of Korea  delivered  the following statement:  
2.135.   On WTO reform, Korea would like to have on record its last statement made at the Informal 
General Council on the 4 October. As for E -commerce, Korea thanks you, Chair, for your leadership 
in addressing this longstanding issue. First and foremost, Korea would like to reiterate the 
importance of the permanent extension of the mora torium as early as possible, which would be 
another showcase for WTO Reform already working. My delegation support Chair's way forward, and 
support suggestion to hold a dedicated discussion in the General Council, including on the 
moratorium as a horizonta l issue. With regard to the work programme on e -commerce, we are ready 
to discuss best ways to address the needs of LDCs and developing countries and we believe sharing 
policy experiences, best practices and lessons learned from the growing digital trade w ould be the 
first step to address the development dimension. Considering the complexity of the issue, we stress 
the importance of involving various stakeholders including experts from relevant organizations, as 
well as businesses and consumers, so that dis cussions can substantially reflect all dimensions and 
the real sense of the issue.  
2.136.   The representative of  Ukraine  delivered the following statement:  
2.137.   Ukraine welcomes the opportunity to reiterate its readiness to engage constructively with 
the interested Mem bers in order to provide effective implementation of meaningful MC12 outcomes 
on urgent international trade issues, inter alia , emergency response to food insecurity and WTO 
reform. Unfortunately, today we are witnessing a new wave of escalation of the Rus sian armed 
aggression - partial mobilization, pseudo -referendums in Kherson, Zaporizhzhia, Luhansk and 
Donetsk regions of Ukraine which will lead to an expansion of the scale of the war against Ukraine, 
with even more devastating consequences both for the European continent and for the whole world. 
We have heard additional portion of lies and mystification from Russian representatives, even more 
weak attempts to establish Kremlin's censorship in this Organization.  Not in any way. Russia's war 
on Ukraine bec omes one of the main causes of a global food crisis that could bring serious political 
and economic consequences for the whole world and especially for LDCs. The war has multiple 
implications for global agricultural markets through the channels of trade, p roduction, and prices, 
casting  a shadow over the state of food security and nutrition for many countries in the near future. 
There was lot of evidence that the Russian Federation was stealing the grain from Ukraine to sell it 
for profit. Despite the horror s of the war, Ukraine takes steps to demonstrate its commitment to the 
fundamental international rules and is doing its best to maintain stable supply to the international 
agricultural markets. Ukraine sees the Black Sea Grain Initiative under the auspices  of the United 
Nations as an important tool for this, on the implementation of which we will continue to work with 
allies and partners to ensure the continuation of the Agreement. Since the "grain corridor" has 
become operational increased supply of Ukrain ian grain to the international market resulted in a 
gradual decrease in world cereals and food prices. We urge the recipient countries of Ukrainian 
agricultural products to demand from the Russian Federation not to interfere with the functioning of 
the "gr ain corridor" and to continue its operation. We are sure that this is reasonable and fully 
complies with the Declaration on the emergency response to food insecurity. Despite the neutrality 
of the text of the declaration, its provisions clearly reflect the  root of the current crisis. In conclusion, 
we reiterate our gratitude to our partners for their unwavering support and call on WTO Members to 
make every effort in order to limit Russia's ability to wage devastating war, undermine the 
multilateral trading system and effective implementation of MC 12 outcomes.  
2.138.   The representative of Peru delivered the following statement:  
2.139.   Chair, we welcome your leadership on reform. I refer to our previous statement made on 
this matter. On e -commerce, Peru has a longstanding position with regard to its unequivocal support 
for a permanent moratorium on the imposition of customs duties on electronic transmissions. We 
are of the view that this moratorium contributes to the development of the digital economy and to 
e-commerce. In our country, this moratorium has had a very positive impact particularly on our 
small and medium sized enterprises. However, we also think that it is important to respond to the 
concerns expressed by certain Members. In this context, we would welcome discu ssions on the costs 
and benefits. We support the possibility of having dedicated discussions as well as hearing 
presentations from experts so that Members are able to be better informed. This way, we can take 
better decisions based on data and not on assum ptions which are not based on concrete evidence.  
2.140.   The representative of  Botswana  provided the following statement:  WT/GC/M/201  
 
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  2.141.   We thank you Chair for your reports on the WTO Reform and Work Programme on Electronic 
Commerce. On the WTO reform, my delegation believes tha t preserving the foundational principles 
of the WTO is important, to reflect the diversity in membership, hence the WTO reform that takes 
into account differences in levels of development, also promoting the integration of developing 
countries especially L east-Developed Countries (LDCs) and Landlocked Developing Countries into 
the global trading system will be very critical. Allow me to make reference to paragraph 9 of the 
MC12 outcome document which recognizes the challenges of the LLDCs and the instructiv e decision 
for the Committee on Trade Facilitation to continue holding dedicated sessions on transit issues until 
the next review of the Trade Facilitation Agreement. In this regard, Botswana supports that the WTO 
reform must adopt a development -oriented a pproach that is transparent and inclusive. Botswana 
believes that negotiations on WTO reform must ensure that the process is transparent and inclusive. 
As a Landlocked developing Country, we continue to stress the need to ensure the outcome of reform 
discussions provides for the necessary policy space needed for developing countries for their 
structural transformation, economic diversification and industrialization. With regards to the Work 
Programme on Electronic Commerce, my delegation believes that e -commerce has proven to be an 
enabler to keep trade activities going and as such, important for inclusive economic growth, this was 
even more evident during the outbreak of the COVID -19 pandemic. While we support the urgent 
need for these discussions, it is im portance to address the issues on the scope, definition and impact 
of the moratorium on customs duties. Botswana is committed to creating an environment that 
supports e -commerce, this is part of the country's transformational agenda that defines Botswana's  
aspirations and goals to diversify our economy, overcome trade constraints and bottlenecks and 
harness the capacities of the Botswana people. We remain committed to constructively engaging in 
these discussions to find a common ground.  
2.142.   The Chair thanked Members  for their contributions in t he discussion. He underst ood that 
Members were in broad agreement on the proposals he had  made under this item and w ould proceed 
accordingly.  
2.143.   The General Council took note  of the Chair's statement, the statement of the TRIPS Council 
Chair and of the other statements made.  
3  REJUVENATION OF WORK PROGRAMME ON ELECTRONIC COMMERCE AND 
MORATORIUM ON IMPOSING CUSTOMS DUTIES ON ELECTRONIC TRANSMISSIONS – 
REQUEST FROM INDIA AND SOUTH  AFRICA  
3.1.  The representative of India delivered the following statement:  
3.2.  I would like to draw Members' attention, through you on the phrase used here that is 
rejuvenation, because we thought that for the last 22 years, we are trying for the reinvigoration of  
the Work Programme. It failed, so maybe this new phrase may work, and it has already started 
working, as a lot of Members, especially the non -proponents of the Work Programme have in their 
statements either delivered on 4 October or today have very clearl y said that they are in favour of 
starting the work on the Work Programme along with the developmental dimensions. For us, the 
guidance in MC12 on this subject, that is the Work Programme on Electronic Commerce and the 
moratorium on customs duty on electro nic transmission was absolutely clear. What we have heard 
is that Ministers agreed that the moratorium will end by 31 December 2023 or at most by 
31 March  2024. We clearly heard Ministers from Member countries in different configurations and in 
the small g roup meetings, who are proponents of the moratorium, saying that this extension of the 
moratorium is mainly intended to prepare the global industry for the post -2023 operating conditions. 
The Ministerial decision also made it clear that the Work Programme on Electronic Commerce must 
be at the centre stage in the WTO. We see the moratorium and the Work Programme as different 
verticals, not dependent on each other. To this end, Chair, we have had a series of bilateral and 
small group discussions since the con clusion of MC12. We thank you again for calling us in different 
configurations, both in a bilateral manner as well as in a group configuration. My delegation would 
like to acknowledge the constructive and collaborative approach taken by all Members, includ ing the 
developed countries who are the proponents of the moratorium. These consultations showed that 
there is a very broad scope of learning from each other in this Organization when all of us take a 
step forward to reach out.  
3.3.  India and South Africa have been seeking the rejuvenation of the Work Programme, and at 
this stage. We are proposing some specific ideas today as the first step, India would like to propose WT/GC/M/201  
 
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  a special session of the General Council to discuss cross -cutting issues related to e -commerce . Some 
of the initial ideas which may be added or deleted by other Members. I will list out that I say trust 
in digital commerce and when I say trust in digital commerce, one of the topics that come to mind 
is best practices related to consumer awareness. The second relates to trust in digital commerce 
and the best national legislative practices on consumer rights. The third one is on public digital 
infrastructure, which is using National Digital utilities to bridge the digital divide and drive 
e-commerce a doption. The fourth one is on trade automation, and when I say trade automation, it 
is, sharing best national practices in digital trade facilitation, including the use of electronic 
signatures and digital payments. We can start these discussions in the Ge neral Council; they may 
be further undertaken in respective WTO bodies, which carry the mandate for such discussions as 
per the 1998 guidance. These bodies include the CTG, CTS, Council for TRIPS and the Committee 
on Trade and Development. India and South Africa have already presented a joint paper in November 
2021 in the Committee on Trade and Development (WT/COMTD/264), and we will use this paper as 
the basis to kick -start the discussion in the Committee. In our bilateral discussions, we have also 
stresse d that the proponents of the moratorium must explain their understanding of the scope and 
definition to which this moratorium applies. It is extremely important to build a common 
understanding of the subject, any study, which will be undertaken either coll ectively, by individual 
Members or by some independent organi zations. They also would need that clarity. This discussion 
should also take place in a special session of the General Council once the proponents of the 
moratorium are ready with their views on this subject. And then, we look forward to content -rich 
conversations. We have given some ideas which will especially help developing countries use the full 
power of technology to drive economic productivity, participate in global trade flows and alleviate  
poverty.  
3.4.  The representative of  Sri Lanka  delivered the following statement:  
3.5.  The original decision and mandates on the Work Programme on Electronic Commerce (WP) are 
very elaborative and comprehensive requiring all concerned bodies in the WTO to undertake the 
specified work, while the General Council has been entrusted to oversee the progress in realizing 
the desired results. The Decision in the form of a moratorium on imposition of customs duties was 
required as there was not much clarity in respect of the  scope and definition of the electronic 
transmissions and lack of technical adaptation and capacity within the countries for recovering the 
customs duties electronic transmissions. Over the years, though some countries have overcome 
such lack of technical adaptation and capacity within the countries for recovering the customs duties 
on electronic transmissions (ET), the progress in not even. Further, Members have still failed to 
adopt precise definitions and scope of the Electronic Transmissions, whether du ties shall be levied 
only on content, on carrier media or on both. In view of the above, there is an urgent need to 
reinvigorate the WP while taking more work on the scope and definition on priority basis. Therefore, 
Members should support the reinvigorati on of work, in particular the development aspects of the 
Work Programme. We are happy to note that as you have stated there are positive indications that 
all Members are ready to reiterate their commitment in attaining it. It is equally important to note 
that this Work Programme was about how E -Commerce is treated in the context of existing 
WTO Agreements (GATT, GATS, TRIPS, Development CTD work). In terms of themes that may offer 
more clarity on the scope and definition of the moratorium, it is essential t o look at the current 
practices and agree whether ET is to be classified as a good or a service, including what component 
of ET shall be subject to custom duty exemption. Developmental concerns, including revenue losses 
and policy space for pursuing digita l industrialisation, technology transfers are also important 
aspects that need to figure prominently in the forthcoming discussions.  
3.6.  The latest Ministerial Decision at MC12, particularly on the moratorium, is to prepare the 
e-commerce industry led by the private sector to get adjusted to accepting the imposition of customs 
duties, when they are required by the developing countries. Members only agreed to extend it on 
the understanding that demandeurs would be granted some time to adapt to the possibility t hat 
some Members may introduce customs duties on electronic transmissions to promote policy 
measures on domestic revenue mobilization, and the development of the domestic digital industry 
with the sole objective of bridging the digital gap and attaining di gital industrialization. The 
increasing pressures by the demandeurs of the moratorium and big corporate lobbyists at the 
WTO Public Forum last week demonstrated how important this moratorium is for big tech – and on 
the other hand developing countries need  to urgently maintain the momentum to end the 
moratorium to create fiscal and regulatory space to regulate the growing imports of digitizable 
products. The General Council should consider in more detail the following issues relating to the WT/GC/M/201  
 
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  moratorium in th e reinvigoration process. Whether original decision on moratorium on customs 
duties covers only the Ordinary Customs Duties within the meaning of Article II:1(a) and II:1(b) of 
the GATT 1994, or does it also cover Other Duties & Charges (ODCs), within the meaning of 
Article  II:1(b) of the GATT 1994; impact on tariff revenues based on the clarifications sought; impact 
on countries' internal taxation systems (some Members charge internal taxes alongside tariff 
revenues for goods); the inadvertent opening up o f the domestic market through the moratorium. 
This can have a major impact on countries' potential to industrialize since domestic markets will be 
opened. This will be done in the following ways. Tariffs provide protection for domestic industries. 
This pro tection disappears when goods are digitally transmitted at zero tariffs. Domestic services 
sectors are also protected through Members' GATS market access limitations. However, digitally 
transmitted services can bypass Members' market access limitations. Fi nally, Sri Lanka does not 
favour commissioning any further studies at this juncture, but Members can bring their own empirical 
evidence to project the type of impacts the existing decision has brought so far.  
3.7.  The representative of Antigua and Barbuda , on behalf of CARICOM , delivered the following 
statement:  
3.8.  I take the floor on behalf of the CARICOM Group and would like to take up items 2.B and 3 
together. Thank you for your statements on the Work Programme on Electronic Commerce both 
today and during the i nformal meeting of the General Council earlier this week. Given that the Group 
outlined perspectives on this subject at the informal meeting, which we would like reflected in the 
official record of this formal meeting, our comments today will be brief. The  CARICOM Group 
welcomes and stands ready to contribute to concerted efforts to rejuvenate the Work Programme 
on Electronic Commerce. We acknowledge that a lack of clarity or progress on questions relating to 
the moratorium on customs duties on electronic t ransmissions has undermined efforts to date to 
reinvigorate the Work Programme as a whole. We are of the view that fresh, good -faith approaches 
would be critical if we are to avoid another impasse on this matter at MC13. Nevertheless, for us, 
the moratoriu m is but one element of the Work Programme and the membership's engagement with 
work under the Work Programme in the period ahead should reflect this reality. Thank you for the 
insights shared on your consultations, as well as the suggestions outlined on h ow we could engage 
with our MC12 mandate in the General Council and in the relevant Committees in the period ahead. 
We are considering ways in which we could contribute meaningfully to this process. The CARICOM 
Group also reiterates its interest in partici pating in the elaboration of a list of issues to focus the 
membership's engagement between now and MC13. We wish to re -emphasize that issues related to 
the development dimension should feature prominently on such a list. For example, given the 
important po tential of robust digital payment systems and other digital solutions for improving 
business and trade facilitation in the developing countries of our region, we are of the view that 
engagement by the membership on this topic could prove useful. Finally, i n acknowledgement of the 
limited remit of the WTO on some matters related to electronic commerce, we would be open to 
engaging experts from the relevant international organi zations and entities from the private sector 
as part of our discussions under the W ork Programme.  
3.9.  The representative of Indonesia  delivered the following statement:  
3.10.   We all agree that digital trade promises new opportunities and will be the future of modern 
trading. Electronic commerce will be able to expand new markets, users, and goods,  beyond the 
conventional commerce that we have been using so far. It has become an important driver of 
economic growth and development both for developed and developing countries. However, 
challenges still exist when dealing with digital trade issues and n ew ones continue to develop every 
day. In addition, disparities and imbalances still hinder many Members from enjoying the full benefits 
of e-commerce. Therefore, based on the 1998 mandate to establish a comprehensive Work 
Programme to examine all trade -related issues arising from global e -commerce, Indonesia remains 
determined to work with other Members in creating an outcome that is accepta ble to all. As we have 
stated in previous meetings, the reinvigoration of work under the Work Programme on E –Commerce  
should be one of the priorities of the WTO. The discussions to reach clarity and consensus on the 
scope, definition, and impact of customs duties, especially to developing countries and LDCs, would 
be imperative prior to agreeing on any course of actions.  In conclusion, Indonesia would like to 
emphasize once again that the discussion of future trade rules in e -commerce through a constructive 
framework, must be built on the principles of inclusivity, trust, and fairness to create an equal level 
of playing f ield based on Members' level of development.  WT/GC/M/201  
 
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  3.11.   The representative of the United States  delivered the following statement:  
3.12.   I feel this is like a good news, bad news situation here. The good news being that there seems 
to be a willingness to work on the Work P rogramme as we all agreed - reinvigorate, rejuvenate that 
works for me. The bad news being that I think we all have very different understandings of what we 
are doing and what the goal is. I am going to stick with the good news. I am going to keep just 
focusing on the fact that Members have expressed a willingness to look at new issues and discuss 
new topics. We look forward to working with Members to find topics that allow us to have a robust 
conversation about the potential of the digital economy, particu larly for developing Members and 
that is what we want to do starting as soon as possible. As alluded by the delegate from Sri Lanka, 
we have been reaching out to a wide variety of Members because we do want to make sure that we 
have a conversation in a wor k programme that addresses the anxieties that everybody has and 
brings up the information that we all need.  
3.13.   We thank India for sharing the proposal today. I think I missed one of the topics, but I am 
sure I will revert to the paper that he alluded to. Cons umer protection and trust topics seem to be 
very relevant to a broad range of Members and ripe for discussion under the Work Programme. We 
also recognize the importance of discussing the topics on the moratorium as instructed by our 
Ministers and supported  by many Members. Here I will add that, I guess it depends on how you 
define proponents, but I do not believe it is correct to say, at least from the conversations that I 
have participated in, that it is correct to say that proponents are just developed co untries. I think I 
have heard a number of developing country Members and also developing country Member 
stakeholders express support for the moratorium and for the work in this phase. I wish we would 
get out of the habit of just saying that this is develop ed versus developing countries because I do 
not think it is. It is not just about big tech, it is about many small and medium -sized companies that 
have benefited greatly, particularly during the pandemic. Again, I participated in various 
conversations duri ng the Public Forum where that message was sent loud and clear from 
stakeholders from developing country Members as well as developed countries. I will dwell on the 
good news. We stand ready to work with India and all of the Members on continuing to identi fy 
topics for the Work Programme , so that we can secure consensus and we can commence to work 
expeditiously on reinvigorating or rejuvenating the Work Programme.  
3.14.   The representative of Cameroon , on behalf of the African Group , delivered the following 
statement:  
3.15.   Since we made a detailed statement on the Work Programme on Electronic Commerce (WPEC) 
at the Informal GC meeting of 4 October, and in the interest of time, we refer to out statement at 
the Informal GC meeting and request that it be in cluded into the formal record of this meeting. We 
would like to thank you for the consultations you have conducted and the detailed report you 
provided on 4 October. For the African Group, it is critical that trade policy instruments contribute 
to the cont inent's developmental agenda. this includes digital industrialization. We support 
structured discussions in the General Council on the WPEC as well as reinvigoration of work under 
the CTD, CTD, CTS and TRIPS Council as envisaged in the 1998 mandate and rec onfirmed by 
Ministers at MC12. Where the moratorium is concerned, we note the decision reached by Ministers 
at MC12 in paragraph 3 of the ministerial decision on the WPEC. The African Group stands ready to 
engage constructively on this important issue.  
3.16.   The representative of the  European Union  delivered the following statement:  
3.17.   The EU had not planned to intervene under this agenda item, since e -commerce was already 
discussed under agenda item 2.B. And, incidentally, we would urge Members to carefully conside r 
before introducing duplicating items in the  General Council agenda, while not providing in advance 
any information as to what they will seek to discuss. But what I want to react to, is the interpretation 
that some Members provide under this agenda item – seemingly on behalf of all – of what was 
agreed in MC12 when it comes to the e -commerce moratorium. Contrary to what some claimed 
yesterday, our Ministers did not agree that the moratorium would expire. And we did not agree that 
the MC12 decision is only for the industry to prepare itself for the alleged fact that customs duties 
on e-transmissions would follow. What we agreed, is that the moratorium will expire, unless our 
Ministers take a decision to extend it at MC13. The EU ask Members to refrain from m isinterpreting 
Ministerial Decisions and pre -empting future Decisions that our Ministers might take. The extension 
of the moratorium remains a key priority for many WTO Members, not only for the developed ones. WT/GC/M/201  
 
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  Yesterday we heard a number of developing cou ntries express support for this extension. Moreover, 
we have heard a lot from the business community on this topic. However, we invite Members to 
work together to implement the MC12 decision as agreed – by reinvigorating the e -commerce Work 
Programme and a ddressing the issues related to digital trade and the moratorium specifically, 
especially the development dimension of e -commerce. We thank you, Chair, for proposing a good 
way forward under the previous agenda items. We thank India for sharing their views  on some 
specific topics that could be considered. We are ready to consider those and other topics that 
Members are interested in bringing up for our further well -structured discussions in the dedicated 
e-commerce Work Programme sessions or other structure s that we already have in the WTO.  
3.18.   The representative of the Russian Federation  delivered the following statement:  
3.19.   The Russian Federation always advocated the exceptional importance of the electronic 
commerce and the benefit of relevant discussions on all possible platforms. We have an MC12 
mandate to intensify discussions on the moratorium to impose customs duties on electronic 
transmissions, especially on its development dimension. No doubt, we should start this work well in 
advance of the next Ministeria l. My delegation maintains its position on the need for a permanent 
moratorium for the sake of predictability of digital trade. We see that so far, Members do not have 
a common understanding of the basis of this moratorium. We believe that in order to reac h a 
compromise, it is necessary to discuss all sensitive issues and arrive at a mutual understanding 
through negotiations. Russia always supported the multilateral format of any WTO work process. 
That is why we welcome the proposal of India and South Afric a on "rejuvenation " of the Working 
Programme. Its mandate provides us with an opportunity to talk about different aspects of 
e-commerce. In the past, WTO bodies had discussed them. At the same time, the specificity of 
e-commerce is that it is constantly ch anging and improving. Technology does not stand still, as well 
as the national regulations in the digital sphere. We believe that Members can have a forward -
looking dialogue based on their recent experience and practices at the national level, internationa l 
activities and similar discussions on other tracks. Russia is ready to participate actively in future 
discussions.  
3.20.   The representative of South Africa  delivered the following statement:  
3.21.   The South African and Indian delegations have been consistent on the importance of Work 
Programme on e -commerce and the need for structured discussions in the General Council. 
Therefore, we welcome the MC12 Ministerial Declaration on Work Programme in which Ministers 
agreed to "reinvigorate the work under the Work Programme on Electronic Commerce (WPEC), based 
on the mandate as set out in WT/L/274 and particularly in line with its development dimension ". The 
development mandate entailed in the Work Programme and its potential role in contributing to 
inclusive and eq uitable development of e -commerce remains important. While we recognize the 
important contribution of e -commerce, we also note that its benefits are not spread equitably. The 
four subsidiary bodies were thus assigned specific responsibilities that require our attention. We 
welcome your report on the readiness of the membership to fully engage with the WPEC and for the 
recognition that the development issues will need to be addressed horizontally to make progress. 
The Work Programme includes various issues t o be examined, taking into account the implications 
for developing countries. Such discussions should be sensitive to the needs of developing countries 
to be effective participants in the digital economy from a productive capacity point of view. To 
achieve  this, there should be a concerted effort to find strategies to support developing countries in 
their participation in e -commerce, including in terms of access to cutting edge technology that is 
indispensable to the digital economy.  
3.22.   Data is critical to the  digital revolution and the question is what kinds of data strategies can 
be implemented by developing countries so that their firms can also enter into the data industry: 
data analytics - mining and processing of data, and thus also supply data -driven ind ustrial products 
and services? The G20 is discussing the concept of data for development, and this is an important 
concept if we are to have equitable benefits. Monopolies and restrictive business practices pose 
obstacles to electronic commerce, and these need further examination. The Work Programme could 
tackle these issues, including by exploring whether competition clauses in the GATS can be used to 
address increasing concentration. We are doing our bit to revive the work as indicated in our 
statement in  the Informal GC meeting, we will be submitting a proposal in the subsidiary bodies 
beyond the CTD. We believe the Work Programme can be reinvigorated on the basis of the existing 
mandate and the proposals tabled by Members. The 1998 mandate speaks to peri odic reviews in the WT/GC/M/201  
 
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  General Council and we would like to see this element enhanced. In addition, the General Council is 
expected to take up consideration of any trade -related issue of a cross -cutting nature. All aspects of 
the Work Programme concerning the  imposition of customs duties on electronic transmission shall 
be examined in the General Council. On the ET moratorium I made our position clear in the Informal 
GC meeting as we believe, paragraph 3 of the MC12 Ministerial Decision on the Work Programme i s 
instructive. Finally, we are supportive of the idea of having thematic discussions in special sessions 
of the General Council.  
3.23.   The representative of Japan  delivered the following statement:  
3.24.   I would like to register one point for the record. With regard t o possible termination of the 
moratorium, what we commonly have among the membership is what we agreed upon at MC12. So , 
building on what we agreed upon at MC12, our understanding is, as the Ambassador of the European 
Union just mentioned, that our Ministe rs will discuss how this moratorium will be treated in the 
future. This is just for the record.  
3.25.   The representative of Jamaica  delivered the following statement:  
3.26.   This statement is being delivered in relation to agenda items 2.B and 3. Jamaica thanks you 
for your report. We also thank the delegations of India and South Africa for their joint contribution 
to the debate. At the 12th WTO Ministerial Conference, after extensive negotiations, our Ministers 
adopted a Decision on the Work Programme on Electronic Co mmerce. We agreed to reinvigorate our 
work as set out in WT/L/274 and particularly in line with its development  dimension. The adoption 
of this Decision is a clear indication of the high level of priority to which all delegations attach to this 
issue. As t he dust continues to settle post MC12, Jamaica welcomes the consultations being 
undertaken by the General Council Chair to explore how best to implement this Decision. The 
COVID -19 pandemic has helped to induce a surge in ecommerce and online transaction. UNCTAD is 
reporting that more businesses and consumers are providing and purchasing goods and services 
online, raising e -commerce's share of global trade from 14% in 2019 to about 17% in 2020. This 
growing trend is expected to continue in an upward traject ory. Jamaica, therefore, believes that a 
re-invigoration of the Work Programme is an effective medium through which the WTO can assist in 
closing the digital divide within and among WTO members. Given the cross -cutting nature of this 
issue, our discussions  could also benefit from the insights and perspectives of experts, the private 
sector and multilateral organi zations dealing with e -commerce. We need to thoroughly understand 
the institutional framework, landscape, challenges, solutions and opportunities f or developing 
countries seeking to successfully integrate themselves into e -commerce and digital trade. These 
critical discussions on e -commerce should take place in a multilateral format. The development 
dimension of the Work Programme has a significant r ole to play in the economic development of 
small developing countries like Jamaica and must be pursued diligently in the WTO. Some of the 
issues which should be explored include data flow, data localization, source code, digital skills and 
infrastructure i n the developing countries. Jamaica looks forward to engaging with Members on this 
matter. On the matter of the moratorium, we have taken note of Ministers' mandate to intensify 
discussions and the call for the General Council to hold period reviews based on reports including on 
scope, definitions and impact of mortarium of customs duties on electronic transmission. Jamaica 
offers its continued support to this approach and call on members to brainstorm additional creative 
ideas to help move our work forward . We must exercise a high level of pragmatism in our 
deliberations on the imposition of custom duties bearing in mind the proposed timeline and approach 
outlined in the decision. Jamaica stands ready to contribute to the ongoing process and will engage 
constructively with members on this matter. Jamaica aligns its self with the statement delivered by 
Kenya, on behalf of the ACP, and Antigua and Barbuda  on behalf of the CARICOM Group.  
3.27.   The representative of Switzerland  delivered the following statement:  
3.28.   Switz erland thanks India and South Africa for their comments regarding the Work Programme 
on Electronic Commerce and the moratorium. We take note of the insights offered today and invite 
Members to consider them within the framework that you have proposed, rath er than under an 
additional item on the General Council's agenda. As for the moratorium, it goes without saying that 
Switzerland considers the decision taken during MC12 holistically, and not in a piecemeal fashion. 
This decision specifies an expiration da te for the moratorium, unless Ministers or the General Council 
decide otherwise. In this regard, we echo the statements made just now by the European Union and 
Japan.  WT/GC/M/201  
 
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  3.29.   The representative of Pakistan  delivered the following statement:  
3.30.   Pakistan wishes to than k the delegations of India and South Africa for keeping this item on 
the agenda. We wish to recall our previous statements on the matter and to reiterate that the 
General Council must reinvigorate the structured discussions on various aspects of electronic  
commerce as has long been mandated by the WT/L/274. Pakistan would like to refer to un -numbered 
paragraphs 1 and 2 of the MC12 Decision WT/MIN(22)/W/23 and stress the fact that rejuvenation 
of the Work Programme and moratorium are mutually  exclusive and t hus be dealt with separately. 
Pakistan would like to emphasize that many social and economic needs of people in developing and 
LDC members go unaddressed due to the tight fiscal position that these countries mostly live with – 
these days many other countri es would also be in a position to empathize with this. There exists 
ample evidence -based research in form of studies and papers from reputed international 
organizations which highlight the costs borne by the developing countries as a direct consequence 
of the moratorium. Pakistan would like to stress the need for a permanent decision on the 
moratorium since transparency and predictability are cornerstones of the multilateral trading 
system.  
3.31.   The representative of Brazil  delivered the following statement:  
3.32.   Brazil welcomes the MC12 Decision to renew the moratorium on customs duties and we are 
ready to contribute to the reinvigoration of the Work Programme in line with its development 
dimension by sharing some of our success stories in areas that are important ne ighbours of 
e-commerce such as e -payments and digital trade facilitation. By exchanging views and experiences 
on challenges related to the digital divide, competition and digital markets and taxation of the digital 
economy. Brazil would favour, in principl e, to have discussions on aspects of the moratorium  under 
the General Council. But we are openminded with regards to the format of these discussions which 
would depend on the content of specific proposals presented by Members.  
3.33.   The representative of Panama  delivered the following statement:  
3.34.   I would like to thank you for the very detailed reports that we have received, not only at this 
meeting of the General Council, but also informally as well. These have given a very good and 
extensive run down of your cons ultations. We want to look at the implications of these various 
matters and we want to look at the various details of electronic commerce, so that we can fully 
understand what it is at stake. We have to remain objective to help us reach decisions. We belie ve 
that there might be a bit of a tendency to call for new discussions and new studies to be done - 
perhaps in an attempt to exhaust all these discussions and studies but that will never happen. I 
think on this matter, we believe this is developing quicker  than we perhaps realize and can grasp. 
That does not mean that we should not look at the consequences and the implications of these 
important issues but there comes a point when we have to move to action. As we have said a number 
of times in the past at G eneral Council meetings, we have to change the way in which we tackle 
these things. We have to change the speed in which we do that. We cannot just see this as a cycle 
of discussions. There comes a point when we actually have to come up with recommendation s and 
we have to take decisions. For that, we have to see an important change in the declarations that we 
are doing and the way in which we interact or do not interact perhaps would be more accurate in 
the meetings that tackle this matter. That is the firs t point to make. You provided us with a very 
comprehensive report on 4 October and we had a long discussion on that. I can see that we are 
getting exactly the same at this meeting and we have not really made any headway in terms of 
substance. Now I am not going to dwell on this, but I would just repeat what has been said by 
others. I would like to thank you Chair for the report and for the suggestions as to how we can make 
progress. We agree with that, and we are willing to study this because we believe in this way, we 
can get tangible results and we could to this multilaterally. I think we can do this in a way that meets 
the concerns of all. Just to make it all clear, on the mortarium as we have said in the past, we would 
support that this be permanent beca use this is important for developing countries, but we are of 
course willing to look at the various implications of this mortarium. The idea being that we come to 
concrete solutions.  
3.35.   The representative of the United Kingdom  delivered the following statemen t: 
3.36.   Like others we were not planning to come in on this item but we have been reflecting overnight 
on what we heard yesterday on this important discussion. The good news is we heard the call for WT/GC/M/201  
 
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  e-commerce discussions to be built on inclusivity, trust and f airness. We heard the need for more 
honest discussions. And it is clear we are at a point where we have an opportunity to reset the 
debate and, as you set out in your update, Chair, to enter into more pragmatic and evidence -based 
discussions. In this conte xt, we are surprised that some Members are trying to reinterpret the 
Ministerial outcome on the moratorium. An outcome that was carefully negotiated and a clear 
demonstration of how we can work together to find solutions. As the EU outlined the text is cle ar 
that Ministers or the General Council can take a decision to extend the moratorium. We have all 
agreed to reinvigorate, or rejuvenate, the Work Programme. As the United States characterized it 
yesterday, that is the good news. We welcome the proposals w e have heard yesterday and today 
and look forward to the continued discussion. Let us focus on that.  
3.37.   The representative of Singapore  delivered the following statement:  
3.38.   Let me make three quick points. First, Singapore and many other Members have consistentl y 
supported efforts to reinvigorate the Work Programme on E -Commerce. In other words, this is 
nothing new, and no one can claim credit for it. However, for the Work Programme to work, we must 
return to fundamentals. The Work Programme, when it was conceive d in 1998, was intended to be 
a platform for all Members to hold meaningful and constructive discussions on the rapidly evolving 
issues in the digital space. This continues to hold true, and the Work Programme can play an 
extremely helpful role in narrowin g the digital divide and enhancing digital inclusion among 
Members. Second, the work programme should be reoriented to focus on the positive rather than 
the negative. We should ensure that the Work Programme is designed to help the developing 
Members reali ze the potential of digital trade by embracing digital transformation. We could conduct 
deep dives and hold workshops at the Council for Trade and Development (CTD) and the Informal 
Group of Developing Countries (IGDC) to take on a stronger development len s. In this regard, we 
could invite all relevant stakeholders, including development agencies, industry players, and even 
members, as suggested by South Africa, to share their experiences and best practices in these areas. 
Finally, I just want to remind Mem bers to read the Ministerial Decision that was adopted on 17 June 
2022 fully and carefully. I quote, "Should MC13 be delayed beyond 31 March 2024, the moratorium 
will expire on that date unless Ministers or the General Council take a decision to extend. " 
3.39.   The representative of the Republic of Korea  delivered the following statement:  
3.40.   Korea associate itself with the statements of the European Union, Japan, Switzerland, the 
United Kingdom and Singapore on the understanding of the MC12 Decision with regard to th e open 
future of the moratorium.  
3.41.   The representative of Canada  provided  the following statement:  
3.42.   Canada is not in a position to comment on the new elements of the proposal as no information 
was provided in advance of the meeting. Canada would strongly encourage the circulation of key 
documents or background information well ahead of time so that Members can more effectively 
engage in committee meetings. To help consider any specific ideas, we would encourage the 
proponents to submit a written c ommunication. These are examples of the kinds of practices that 
will support delegate engagement in meetings of WTO bodies. As indicated before, Canada do not 
see the value of having an additional agenda item in the General Council to discuss the Work 
Programme and the moratorium.  
3.43.   The representative of Nigeria  provided the following statement7: 
3.44.   Nigeria wishes to thank India and South Africa for their statements. The performance of digital 
trade has become an important determinant of the distributional effe cts of trade, and growth. 
However, the benefits of global digital trade for most developing countries remain ambiguous due 
to capacity constraint. The North – South digital divide and digital exclusion existing within our 
economy, continue to reinforce dis proportionate sharing of the benefits of the growth in e -commerce 
between countries and amongst domestic economic players. In most developing countries, 
institutional capacity is low, fixed broadband penetration is very low, and digital literacy rates are 
also low. There are also lack of national backbone network through which high -speed internet 
 
7 This statement was submitted to the  Secretariat following the General Council meeting for inclusion in 
the records of this meeting, as requested by the delegation of Nigeria.   WT/GC/M/201  
 
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  connectivity could be extended across some developing countries. It is for this reason that Nigeria 
consistently calls on the membership to reinvigorate the 1998 W ork Programme and to explore ways 
of addressing the difficulties undermining the gains of developing countries from global digital trade. 
We therefore welcome the renewed interest and engagements on this issue. Nigeria is of the view 
that discussions under  the Work Programme should centre on what the WTO can and must do to 
unlock developing countries digital economic potentials especially for MSMEs. Nigeria believes that 
harmonization of global digital trade rules is crucial for unlocking economic opportuni ties in 
developing countries especially for MSMEs that are continually taking advantage of digital platforms 
to engage in economic activities. However, it is of critical importance that discussions on respective 
elements of e -commerce in all the bodies man dated to deal with this issue be approached from the 
perspective of development. We could discuss in respective WTO bodies checklist of relevant issues 
submitted by Members such as cross -border data flows, source code, as well as other issues 
Members may w ish to table to lay the needed foundation for our work. In the CTD as well as the 
General Council, we could also discuss elements of capacity -building and technical assistance 
frameworks that would address identified needs of developing countries especiall y LDCs. Through 
this framework, developed countries and developing countries in a position to do so, could undertake 
to provide technical and financial support and assistance. It could also contain requirement that 
developed countries members define and re port on their contribution to technical and financial 
assistance, as well as capacity building.  
3.45.   Regarding the moratorium on electronic transmission, we believe there is no ambiguity on 
the meaning of "electronic transmission" because in our view it include s the content of the 
transmission. We are also mindful of the negative effects of an unpredictable global e -commerce 
environment for businesses and consumers that is likely to occur from the non -renewal of the 
Moratorium anytime it lapses. It is for this r eason that Nigeria will continue to support the temporary 
extension of the moratorium. We understand Members have divergent views on the impact of the 
moratorium. However, in our view, the benefits outweigh the cost. While we support the call for a 
study o n the impact of the moratorium, such studies should not be limited to static effect analysis. 
It should also include dynamic effect analysis. Also, the appropriate tariff data for such analysis 
should be the effective applied tariff and not the bound tarif fs used in some of the earlier studies 
with misleading conclusions. In conclusion, I wish to assure you of Nigeria's continued support on 
this issue.  
3.46.   The Director -General  welcomed this discussion. She said that it was good that India and South 
Africa had p ut this down so that there could be a bit of airing of views on the way forward. It was 
crucial. She agreed with what Jamaica had said. If one looked at the data of where digital trade was 
going, there was absolutely no doubt that this was the future. So, if Members delayed and put their 
heads in the sand over this issue, they would again be missing the boat. The WTO would be coming 
in on an issue when it was already passé . She urged Members to be speedy. She shared what 
Panama had said that Members should move and start the actual work. She had listened to the 
discussions and had heard different truths from different sides. That was always the problem. But 
whatever the case could be, airing those truths so that Members could explore each side would be 
very important. This matter was urgent to developing and LDC Members . That was the way trade 
was going. Developing and LDC Members that did not get involved in this would be on the side -lines. 
She just wanted to add her voice to the urgency of this matter . 
3.47.   The Chair  took note of the statements on the matter including the specific suggestions put 
forward by the delegations of India and South Africa. Going forward, he intended to convene a 
Dedicated Discussion in the General Council to address horizontal issues. T o facilitate that discussion, 
it would be important for delegations to come forward with issues of priority bearing in mind the 
particular attention to be given to the development dimension. He again encouraged all Members to 
submit proposals in a timely m anner. With regard to the organizational details of the Dedicated 
Discussion, further details would be provided in due course. As he had reported under agenda item  2, 
he intended to appoint a Facilitator to assist in the discussions on the Work Programme a nd the 
moratorium.  
3.48.   The General Council took note  of the statements.  WT/GC/M/201  
 
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  4  PARAGRAPH 8 OF THE MINISTERIAL DECISION ON THE TRIPS AGREEMENT ADOPTED 
ON 17 JUNE 2022 - DOCUMENT WT/MIN(22)/30 (MINISTERIAL DECISION ON THE TRIPS 
AGREEMENT OF 17 JUNE 2022) – REQUEST FROM  SOUTH AFRICA, INDIA, INDONESIA, 
EGYPT, PAKISTAN AND ARGENTINA ON BEHALF OF THE CO -SPONSORS OF 
IP/C/W/669/REV.1  
4.1.  The representative of  South Africa  delivered the following statement:  
4.2.  We note the informal remarks made by the TRIPS Council Chair under his own  responsibility in 
agenda item 2. As the co -sponsors we believe the paragraph 8 mandate is a continuation of the 
waiver negotiations under Article IX of the Marrakesh Agreement, it is important for the Chair to 
continue the practice of presenting a formal,  factual report to the General Council. The Ministerial 
mandate in paragraph 8 of the WTO Decision on the TRIPS Agreement is time bound and necessitates 
that we work with speed on this important item that affects people's lives. The decision demonstrated 
what we can achieve as the membership when we work together and adopt a solution -oriented 
approach to issues that affect humanity. While we welcome the TRIPS Waiver decision, we recognize 
that it is limited in scope but importantly it is a step in the right  direction. Paragraph 8 maps out the 
outstanding work that remains on the scope of products to be covered so as to have a comprehensive 
response to the pandemic and to truly build resilience in relation to the prevention, treatment and 
containment of COVID -19. Vaccination is without a doubt having an impact in reducing 
hospitalizations and deaths, however many people remain vulnerable. Even in vaccinated 
individuals, uncertainties remain about the duration of protection and effectiveness of current 
vaccines  and the efficacy of existing treatments emerging variants. The treatment options to be 
availed to patients depend on many factors such as the disease severity, the availability of drugs, 
routes of administration (only intravenous for remdesivir  and the mo noclonal antibodies), duration 
of treatment among others. Some can be used in combination (i.e., as for severe or critical 
COVID -19) while others are to be used as alternatives. The evolution of the virus and patterns of 
vaccination affect the efficacy of therapeutics thus raising the importance of adapting the treatments 
to local contexts.  
4.3.  The Lancet Commission on lessons for the future from the COVID -19 pandemic states that 
"Countries should maintain a vaccination -plus strategy that combines mass vaccinat ion, availability 
and affordability of testing, treatment for new infections and long COVID (test and treat) among 
others. A vaccination -plus strategy with the goal of protecting populations should be implemented 
on a sustainable basis, rather than as a re active policy that is abruptly turned on and off ". We call 
on Members to build on the positive spirit of MC12, circular discussions in the TRIPS Council have 
never assisted to take us forward. The waiver proponents have provided sufficient evidence in the 
documents that have been submitted before on the IP barriers applicable to therapeutics and 
diagnostics, including concerns regarding accessibility and affordability. A comprehensive approach 
is needed to deal with the pandemic. This is reflected in IP/C/W /669 Rev.1 in which 65 cosponsors, 
supported by over 100 Members, have called for a limited, time bound waiver on COVID -19 vaccines, 
therapeutics and diagnostics. The paragraph 8 mandate is clear, the task before us is to decide 
within 6 months on the exte nsion of the WTO Ministerial Decision on the TRIPS Agreement to cover 
therapeutics and diagnostics. It is not an agreement to renegotiate the text. The WTO Ministerial 
Decision contains safeguards to ensure that products produced and supplied under the aut horization 
are for COVID -19. This is reflected in paragraph 1 which provides that authorizations under the 
Decision may only be granted "to the extent necessary to address the COVID -19 pandemic ". We 
want to caution against re -opening the text given the lim ited nature of the waiver as this will upset 
the delicate balance reached in the negotiations. We call on Members to exercise restraint as any 
re-opening will take us to a downward spiral. The cosponsors have offensive interest in broadening 
a number of el ements in the Decision. However, we have exercised restraint in order to give the 
membership the best possible chance of reaching consensus within the very limited time allotted by 
our Ministers. The Ministers' mandate is specific and clearly defined and w e believe we should deliver 
on this as soon as possible and way before the 17 December 2022 deadline. Should the TRIPS 
Council discussions prove difficult, we would call on the Director -General to consider engaging the 
Ministers way before the deadline so as to have an outcome. We remain ready to engage 
constructively with Members.  WT/GC/M/201  
 
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  4.4.  The representative of  Argentina  delivered the following statement:  
4.5.  Argentina wishes to reiterate how important it is for our delegation in particular, and developing 
countries in general, to extend the Decision of the TRIPS Agreement of June this year to diagnostics 
and therapeutics, in accordance with the paragraph 8 mandate. We would like to begin by expressing 
our unease at the fact that the oral report of the Chair  of the TRIPS Council was discontinued after 
MC12. We have not concluded our work on this issue. We also regret that we have been unable to 
progress in our work as proposed in document RD/IP/49. We have less than three months to make 
a decision. The pandem ic revealed inequalities in access to medical goods for the diagnosis and 
treatment of COVID -19. The production of diagnostic tests, treatments and vaccines continues to be 
concentrated in a few countries. The pandemic also highlighted the obstacles posed by intellectual 
property rights in a patent system that is becoming ever more geared towards commercial gain, to 
the detriment of public health objectives. In the current phase of the pandemic, in which a significant 
proportion of the population has been v accinated, there is a clear need to diversify and expand the 
production of treatments in particular, at affordable prices. Voluntary licensing of patents can help 
build partnerships and enable innovation through cooperation and technology transfer. However , 
private -sector licensing strategies have commercial aims and do not respond to the need for access 
to health technologies. As was acknowledged in 2001 and reaffirmed in the Ministerial Declaration 
on the WTO response to the COVID -19 pandemic, the Agreeme nt "should be interpreted and 
implemented in a manner supportive of WTO Members' right to protect public health and, in 
particular, to promote access to medicines for all". In short, states must ensure a balanced protection 
system by guaranteeing that heal th technologies are accessible and available at affordable prices. 
Argentina therefore encourages Members to hold constructive discussions in good faith with a view 
to expanding the production and distribution of diagnostics and therapeutics and moving tow ard an 
inclusive multilateral trading system that addresses the health needs of all developing countries.  
4.6.  The representative of  Switzerland  delivered the following statement:  
4.7.  Paragraph 8 of the Ministerial Decision on the TRIPS Agreement stipulates a 6 -month deadline 
for Members to decide whether or not to extend the decision to cover the production and supply of 
COVID -19 diagnostics and therapeutics. To this end, in the TRIPS Council on 19 September, many 
delegations underlined that fact - and evidence -based discussions are necessary. Switzerland 
appreciates that such discussions have commenced and would like to thank those delegations that 
have at the recent TRIPS Council meeting provided initial information to the many questions raised 
by Switzerland and o ther delegations. We are studying the replies thoroughly as Members need to 
have a clear understanding of the problems concerning COVID -19 diagnostics and therapeutics in 
order to be able to discuss in an informed manner a possible extension of the 17 June  Decision. 
Allow me to reiterate that Switzerland does not consider IP as a barrier. To the contrary, we are fully 
convinced that the IP system is part of the solution of pandemic preparedness and of the fight 
against this and future pandemics. We are look ing forward to deepening our evidence -based 
discussions within the TRIPS Council and are ready to engage actively and in good faith.  
4.8.  The representative of  Bangladesh  delivered the following statement:  
4.9.  Bangladesh welcomes the temporary TRIPS waiver decisio n by MC12 to support production and 
affordable and timely supply of COVID -19 vaccines with an opportunity to extending the decision for 
therapeutics and diagnostics. This is a much -delayed decision after the outbreak of the pandemic; 
however, it is expecte d that the decision will be helpful for scaling up the COVID -19 vaccine 
production. Without further delay, we must extend the decision to therapeutics and diagnostics as 
instructed by Ministers. In our understanding, no new conditions are required to exten d the same 
decision resulted from a long negotiation. In this regard, Bangladesh thanks the TRIPS Council Chair 
for his oral status report under agenda item 2 and hopes that he kindly continues presenting his oral 
status report in the General Council as th e TRIPS Council is yet to complete this work, as mandated 
by Ministers at MC12. The social and economic effects of COVID -19 have been and continue to be 
disastrous especially for developing countries and LDCs. Hundreds and thousands of people are 
pushed to  live under extreme poverty. Because of the pandemic, extreme poverty in the world rose 
in 2020 for the first time in over 20 years. According to a World Bank estimate late 2021, around 
100 million more people are currently living on less than $1.90 a day.  This is evident that there is 
an urgent need to expand manufacturing globally and to diversify supply of vaccines, therapeutics 
and other medical products to effectively fight the pandemic. Therapeutic options for COVID -19 
primarily fall into two categori es: monoclonal antibodies (mAbs) (administered by infusion) and oral WT/GC/M/201  
 
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  antivirals (administered as tablets) but most of the products even those recommended by WHO are 
either unavailable or unaffordable for developing countries. Intellectual property monopoli es, 
especially patents, remain a major barrier to scaling up production and to facilitating equitable access 
in the developing countries. Due to limited manufacturers, there are significant supply constraints 
for the therapeutics recommended by WHO and for  potentially new therapeutics. Likewise, testing 
is critical to detect cases, to identify new variants and to better understand the scale of infection. It 
also allows for rapid action to be taken and to break the chain of transmission. Testing allows for 
new COVID -19 variants to be identified to begin and develop vaccines and therapeutics that can 
prevent or treat infection. Testing in developing countries and especially in least developed countries 
remains low. The MC12 Decision on the TRIPS Agreement (WT/ MIN(22)/30), i.e., on the TRIPS 
Waiver for the COVID -19 vaccine, is just halfway progress. Extending the TRIPS Waiver decision to 
cover the production and supply of COVID -19 therapeutics and diagnostics will immensely help the 
middle - and low -income develo ping countries and the LDCs. The issues of therapeutics and 
diagnostics are also emphasized by Ministers in their declaration  on WTO Response to Pandemic. 
Bangladesh hopes that Members will not fail to deliver a fuller and strengthened TRIPS Waiver 
decisio n including therapeutics and diagnostics. My delegation stands ready for further work to agree 
on a favourable decision as soon as possible before the deadline ends in December 2022.  
4.10.   The representative of  Singapore  delivered the following statement:  
4.11.   In order to spare us from too much pain, our Trade Ministers were very wise in mandating 
that "no later than six months from the date of the Decision, Members will decide on its extension 
to cover the production and supply of COVID -19 therapeutics and diagnosti cs". In other words, we 
must decide whether or not to expand the scope of the Decision no later than 17 December 2022. 
As we approach this important decision, I would just like to suggest that we consider the following 
three questions. First, what is the c urrent state of the COVID -19 pandemic? According to WHO, in 
December 2021, global weekly infection rates reached 9.5 million. Since then, weekly infection rates 
have steadily declined, with the last weekly infections in September this year reported at 3 mi llion. 
As a result, on 14 September 2022, WHO DG Tedros declared that "we are not there yet, but the 
end is in sight " for the COVID -19 pandemic. In fact, a large number of countries have begun treating 
COVID -19 as endemic. According to the WHO, with two th irds of the global population vaccinated, 
reported deaths from the virus have also been at the lowest levels since the beginning of the 
pandemic, reflecting the critical role that vaccination has played. As the COVID -19 situation evolves, 
our response must  also be updated. For example, we are now faced with an oversupply of vaccines 
and according to some estimates, 1.1 billion COVID -19 vaccines doses have been destroyed since 
June 2021. This suggests that there are other factors, other than supply of vaccin es, that are 
hampering vaccination. Second, what are the real factors on the ground that are hampering access 
to diagnostics and therapeutics? As the experience with vaccines has demonstrated, simply 
addressing supply side factors may not be the answer. In  fact, as the rate and number of infections 
decline, the demand for diagnostics and therapeutics will, logically, trend downwards. According to 
the ACT Accelerator's report, some of the key barriers to equitable access and effective uptake of 
tests and tre atments are: one, regulatory bottlenecks; two, the lack of demand forecasting; and 
three, low awareness and demand for diagnostics and therapeutics. As such, it may be useful for us 
to consider how these challenges can be addressed. Third, how do we ensure  that actions taken 
today do not disincentivise innovation, which is critical in our response for future pandemics? As we 
know well, the role of innovation in the testing, treatment and vaccination against COVID -19 was 
indispensable. Within 10 months of th e outbreak of the pandemic, there were over 1000 treatments 
under study and 247 vaccine candidates. This would not have been possible without a thriving 
innovation ecosystem that enabled the production of the first COVID -19 vaccine within one year. 
The sam e story is repeated in the development of various testing methods such as the PCR and 
rapid antigen tests. Hence, while we consider the extension of the TRIPS Decision, we must ensure 
that we preserve the incentives for innovation, which is a critical elem ent of our ability to respond 
to future pandemics. Singapore stands ready to engage in an open and constructive manner on this 
issue.  
4.12.   The representative of Mexico  delivered the following statement:  
4.13.   I would like to thank the co -sponsors of the document IP/4 9. We appreciate this document 
and had discussed it with our authorities and stakeholders. To continue with the analysis, we need 
to obtain clarity about the scope of application and specificities about the products that are possibly 
being included in this  discussion and the decision to be taking on them. The decisions taken here WT/GC/M/201  
 
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  are based on scientific evidence. According to our knowledge, there are more than 50 voluntary 
licences with countries throughout the world to produce therapeutic products. In Mexi co, we are 
producing Pfizer. We are convinced that the intellectual property system is part of the solution to 
solve future pandemics as well as a key driver for innovation and invention. I reiterate the intention 
of Mexico to contribute productively to th ese discussions.  
4.14.   The representative of Nigeria  delivered the following statement:  
4.15.   Nigeria wishes to associate itself with the statement delivered by South African on behalf of 
the co -sponsors. It has been over three months since our Ministers adopted the M inisterial Decision 
on the TRIPS Agreement. Unfortunately, we have not made appreciable progress that would enable 
us to fulfil the mandate contained in paragraph 8 of that decision within the timeframe envisaged 
by our Ministers. The extension of the deci sion 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. We therefore call on Members to engage 
constr uctively and in good faith to enable us deliver on this issue within the December 2022 
timeframe envisaged by our Ministers.  
4.16.   The representative of  the European Union  delivered the following statement:  
4.17.   The European Union is ready to engage constructively in the discussions on whether to extend 
the mechanism agreed by the WTO Ministerial Conference to therapeutics and diagnostics. We are 
currently analysing the information that we gathered from stakeholde rs and conducting 
consultations with our member states.  
4.18.   The representative of  Japan  delivered the following statement:  
4.19.   Intellectual property rights and the TRIPS Agreement play a crucial role ㏌ the development 
of COVID -19 vaccines, diagnostics, and therape utics. In considering the extension of the Ministerial 
Decision to also cover diagnostics and therapeutics, we must ensure that our discussion continues 
to be based on evidence and facts. In previous TRIPS Council meetings, many Members have pointed 
out th at the scope of diagnostics and therapeutics covered by a potential extension is unclear, that 
there are voluntary licenses available for diagnostics and therapeutics, and that generic products 
are already accessible in these fields. I will not go into the  details here, but Japan has contributed 
to the promotion of discussion by presenting analysis on the need for extension of the Decision in 
light of these points. In this regard, I would like to take this opportunity to inform here that this 
week one Japan ese pharmaceutical company reached an agreement with MPP (Medicines Patent 
Pool) on COVID -19 oral antiviral therapeutics to increase access in many countries. Japan is 
delighted to see the Japanese private sector actively contribute toward ending the COVID -19 
pandemic in the area of intellectual property rights. We took note of the explanations provided by 
the proponents at the Informal TRIPS Council meeting in response to the questions raised by several 
Members, including Japan. We would like to deepen fut ure discussions by conducting a detailed 
analysis of these explanations.  In addition, we would also like to thank the Secretariat for its efforts 
to have recently presented the schedule for future TRIPS Council meetings. Japan will continue to 
be construct ively involved in future discussions on this matter.  
4.20.   The representative of  China  delivered the following statement:  
4.21.   Despite the efforts made by Members, it is regrettable that no progress has been made since 
September. It seems that we once again witnessed  entrenched positions as we did in the early stage 
of vaccine negotiations. With the fast approaching of December deadline, the sense of urgency has 
to be enhanced, to improve the dynamic of negotiations. TRIPS waiver on vaccines is indeed a hard -
won outco me at MC12, but there is no room for complacency considering the uneven condition of 
response to pandemic around the world as well as the unfulfilled instructions given by our Ministers, 
i.e., paragraph 8 of the Ministerial Decision. As Dr. Tedros recently  stated, the COVID -19 pandemic 
remains an acute global emergency, and if we do not take this opportunity now, we run the risk of 
more variants, more deaths, more disruption, and more uncertainty. Therefore, on top of making 
better use of TRIPS waiver on va ccines, it is also morally imperative and pragmatically needed to 
continue our efforts to enhance the accessibility and affordability of COVID -19 diagnostics and 
therapeutics. Throughout the negotiating process, on the one hand, we should always bear in mi nd 
that the global challenge has to be addressed through joint efforts. At this extremely difficult time, WT/GC/M/201  
 
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  moral obligation shall prevail over commercial interest, global welfare shall precede over national 
interest. On the other hand, we also need to recog nize the complexity of diagnostics and therapeutics 
and try to strike a balance between waiver and IP protection. Therefore, focusing on a handful of 
products that are most important, critical and needed by developing members to fight against the 
pandemic may constitute a feasible and practicable approach that members could explore. Having 
said that, we call upon all Members to accelerate domestic consultation process respectively, engage 
in discussions with frankness and good faith with a view to deliverin g meaningful and balanced 
outcome in the coming months. As always, China will do its part in this process.  
4.22.   The representative of  the Russian Federation  delivered the following statement:  
4.23.   As Singapore said, the coronavirus continues to rage. I looked at the  statistics on this subject 
in my country, it is also disappointing. People continue to suffer and lose lives. From the beginning 
of COVID -19, it was clear that the response to this new pandemic should be comprehensive and 
multidirectional. Disease prevent ion, identification of infection sources and treatments were key 
elements of the global fight against COVID -19 spread. These actions remain relevant today. The 
Russian Federation was one of the pioneers in the creation of COVID -19 vaccines. We have supplie d 
them to countries in need and established production partnerships in different parts of the world, 
helping to alleviate the critical shortage of vaccines. At the same time, the Russian Federation, like 
many countries during the pandemic, faced the proble m of procuring therapeutics and diagnostics 
instruments and supplies. We had to invest a lot to solve this problem. Unfortunately, we see that 
Members face the same challenges. At MC12, the Russian Federation highlighted that the Ministerial 
Decision in qu estion will have a more practical implication if it covered COVID -19 diagnostics and 
therapeutics. We urge interested Members to intensify this long -standing dialogue, bearing in mind 
that the subject of therapeutics and diagnostics is more complex in comp arison to vaccines. Calling 
upon additional experti se may be required. Once again, we want to highlight the benefits of 
international cooperation on the voluntary transfer of technologies and eradication of production of 
counterfeit COVID -19 medical goods.  My delegation is ready to engage constructively in these 
negotiations during the work of the upcoming TRIPS Council.  
4.24.   The representative of  Malaysia  delivered the following statement:  
4.25.   With the TRIPS Ministerial Decision, we view that vaccine equity can be further improved in 
vulnerable parts of the world in a timely manner. We remain cognizant of the role of intellectual 
property rights in research and development. Nonetheless, the Covi d-19 experience tells us that 
addressing this life -threatening pandemic situation now and in the future warrants more 
comprehensive and decisive interventions. Therefore, we will continue to support the Director -
General and the Chair in our endeavour to de liver an inclusive WTO's response to the pandemic.  
4.26.   The representative of Cameroon , on behalf of the African Group , delivered the following 
statement:  
4.27.   Let me begin by expressing our appreciation to the delegation of South Africa for introducing 
this import ant agenda item on behalf of cosponsors. The African Group has consistently expressed 
its position and desire for a comprehensive and holist approach in the fight against COVID -19 
pandemic. Nonetheless, the group is grateful for the Ministerial decision ad opted in June 2022 that 
provide some TRIPS flexibilities for production COVID -19 vaccines. However, the decision covers 
just part of the solution from WTO toolbox. Right from the start of discussion in October 2020, it 
was clear with the African Group memb ers that TRIPS flexibilities should encompass three key 
elements namely vaccines, therapeutics and diagnostics, as a complete set of the needed solution 
to address COVID -19 pandemic. The access to diagnostics and lifesaving drugs is also important and 
particularly for the African countries due to the fact that majority of its constituents are not yet fully 
vaccinated, hence are vulnerable to severe infections. Therefore, as vaccination continue to be vital, 
scientific diagnosis and treatment of infected peo ple should be accorded due priority as per the WHO 
insistence, in order to save many lives of vulnerable particularly unvaccinated patience. The current 
situation is of great concern to Africa on the accessibility and affordability of COVID -19 therapeutics  
and diagnostics. For example, according to the Access to COVID -19 Tools (ACT) Accelerator report, 
its original target was to deliver 245 million treatments to developing countries by the end of 2021 
but due to supply challenges ACT Accelerator, changed it s target to only 100 million treatments only 
focusing patience with severe and critical condition. Basically, ACT Accelerator failed to deliver on 
its target due to inadequate supply. As we alluded in the TRIPS Council discussions, the majority of WT/GC/M/201  
 
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  countrie s are excluded from the voluntary licensing agreements under medicines patent pool (MPP) 
system. As result of this geographical limitations system among others, the production and supply 
of those products remain skewed to few countries and regions, which i n turn affects the supply and 
prices of COVID -19 therapeutics. Therefore, we are convinced that TRIPS flexibilities on production 
of COVID -19 therapeutics and diagnostics, is the only realistic and an effective way that will lead to 
diversified production and supply of those products, addressing the current inequity. The African 
Group urges Members to seriously consider implementing the mandate enshrined in paragraph 8 of 
the Ministerial Decision on TRIPS Agreement as adopted in June 2022. Further, Members should 
consider extending the decision on mutatis mutandis  to the respective Ministerial decision.  
4.28.   The representative of Antigua and Barbuda , on behalf of CARICOM , delivered the following 
statement:  
4.29.   The CARICOM Group calls for meaningful, constructive, and  fair negotiations on Paragraph 8 
of the MC12 Decision on the TRIPS Agreement. The pandemic is far from over and while we debate 
these issues, lives and livelihoods are still being lost and disrupted on account of the pandemic. 
According to the World Healt h Organization (WHO), in a report published just last month, equitable 
roll-out of COVID -19 diagnostics and therapeutics continues to be inadequate and threatens to undo 
public health gains achieved throughout the pandemic. Furthermore, the WHO also notes that with 
limited attention on procurement, delivery models and in -country planning, low -income and lower 
middle -income countries are disproportionally affected, placing equitable access at risk. The WHO 
report's central premise is that diagnostics and the rapeutics, and associated test to treat strategies, 
are fundamental components of the pandemic response, both for COVID -19 and for future health 
threats. Increasingly, WTO Members are asking for evidence -based discussions and decision -
making. In this case,  the evidence, based on what other competent and reputable global 
organizations are telling us, suggests that we need to expand access to COVID -19 diagnostics and 
therapeutics. As we did with respect to access to COVID -19 vaccines, positive consideration s hould 
be given for a waiver of certain aspects of the TRIPS agreement to cover the production and supply 
of COVID -19 diagnostics and therapeutics.  
4.30.   The representative of the Philippines  delivered the following statement:  
4.31.   The Philippines would like to thank the TRIPS Council Chair for his updates on the state of 
play on the proposed waiver extension as well as the perspectives shared by the co -sponsors of 
IP/C/W/669/Rev.1 and other delegations. The Philippines supports the extension of the waiver to 
therapeut ics and diagnostics. We do recognize that evidence -based discussions are important but 
would concur that there is ample evidence of a COVID -19 treatment global divide. Likewise, there 
is wide acknowledgment that the private sector in developing Members alr eady possess the capacity 
to produce medicines and diagnostic kits as opposed to the case of vaccines, which we all 
acknowledged depend on complex supply chains and require large -scale capital investments. The 
constructive spirit of engagement we achieved at MC12 needs to be followed up and go well beyond 
the reiteration of official statements and should include concrete text -based discussions for the 
extension decision, as well as open consultations with health experts present in Geneva, such as the 
World Health Organization, the WIPO, and Medicines Patent Pool. We would also recommend a 
sequential approach to negotiations that prioritizes therapeutics, given that the current WHO 
Guideline document currently lists 15 recommended COVID -19 treatments compared  to hundreds 
of products under the umbrella of diagnostics. Additionally, our view is that the scope of sublicensing 
arrangements under the Medicines Patent Pool should ensure equal and open access to all developing 
Members for the generic production of co vered therapeutics.  
4.32.   The representative of Kenya , on behalf of the ACP , delivered the following statement:  
4.33.   More than three months have lapsed since the adoption of the Ministerial Decision on the 
TRIPS Agreement. The ACP Group calls for expeditious complian ce with Paragraph 8 of the MC12 
TRIPS Decision as envisioned by Ministers. Given the limited time to the expiry of the set timeline, 
we urge delegations to move the discussions away from the previous dynamic of questions and 
answers to objective determinat ion of how best to implement this important paragraph, as desired 
by the Ministers. The ACP Group is committed to fulfilling the Paragraph 8 mandate so as to ensure 
access to COVID -19 therapeutics and diagnostics by developing and LDC Members and to 
signif icantly contribute to global efforts to end the pandemic.  WT/GC/M/201  
 
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  4.34.   The representative of  Sri Lanka  delivered the following statement:  
4.35.   The world is now experiencing an evolution of the COVID -19 pandemic. It is observed that 
antibodies triggered by vaccination are le ss effective in responding to new variants of the pandemic 
such as Omicron. Even vaccinated people with boosters are vulnerable to multiple infections of the 
new variants. People continue to die from COVID -19. It is the case even in my country, including 
the proliferation of new variants of the pandemic, due to limited access of lifesaving treatments. On 
the other hand, equitable and affordable access to therapeutics options and diagnostic kits for 
COVID -19 recommended by the WHO remains a massive challenge  for developing and LDC 
Members. There are significant supply constraints for therapeutics recommended by the WHO and 
for new therapeutics due to the limited number of manufacturers. We recall the sentiments 
expressed by the delegation of Antigua and Barbu da today where it questioned the necessity of 
providing evidence -based situations for Members to move forward on this decision when 
international authorities reveal the actual situation in relation to the acute supply of these required 
medicines and diagno stic kits. We are ready to provide such examples at the TRIPS Council where 
Sri Lanka, as a country with less manufacturing capacity, had found in a number of occasions to 
access to such a highly expensive medicines because they are either in short supply or are highly 
priced because the IP rights are concentrated only within a number of patent holders. We need to 
understand that administering them require a lot of care by medical specialists. When you do not 
have adequate supply of such, there could be a t endency to go after counterfeit medicines that will 
really jeopardize the health of some of our patients. We are quite compelled to approach the patent 
holders and manufacturers, but they are not able to supply the quantities that are necessary for my 
country. We will share such examples in the TRIPS Council. In this backdrop, Sri Lanka echoes the 
concerns expressed by the co -sponsors of the proposal particularly in relation to the lack of clarity 
on the way forward and dragging the process by some Members which might delay in reaching the 
final outcome on the remaining Ministerial Decision by end of 2022. My delegation would continue 
to constructively engage in all future discussions on this very important file as this is about public 
health of human life o n this planet.  
4.36.   The representative of the  Maldives  delivered the following statement:  
4.37.   I would like to recall the clear mandate set to us in Paragraph 8 of the MC12 TRIPS Decision 
to decide on the extension of the waiver to diagnostics and therapeutics in th e treatment of COVID -
19. Time is already ticking on the short six months provided for us to reach this decision. Diligent 
work and discussion on this issue is necessary. The COVID -19 pandemic is not over. The disease is 
still spreading. Hundreds of deaths are reported daily. We still need to ensure more equitable access 
to tests, treatments, and essential supplies worldwide. This is why we need an extension to the 
waiver to cover diagnostics and therapeutics that will provide testing capabilities for develo ping and 
LDC Members. Testing is essential to understand the true picture of the evolving COVID -19 virus 
and the real burden of the disease globally. The WHO has stated that treatments are not given early 
enough to prevent serious illnesses and death. Furt hermore, new treatments especially promising 
new oral antivirals, are still not reaching low - and low - middle -income countries, depriving whole 
populations that need them. Therefore, extending the waiver to account for therapeutics as they are 
developed wi ll be crucial in ensuring an effective response and management of the pandemic for all 
Members. The Maldives stresses the need to continue substantive discussions on fulfilling the 
mandate as set by Ministers in MC12 on completing paragraph 8 of the MC12 T RIPS Decision and 
we welcome the schedule proposed by the Chair. We strongly urge all delegations to expedite this 
process in coming to a conclusion on the extension of the waiver to diagnostics and therapeutics in 
the treatment of COVID -19. In this manner , we look forward to open, transparent and constructive 
discussions on this critical issue.  
4.38.   The representative of the Plurinational State of Bolivia  delivered the following statement:  
4.39.   We would like to thank the  TRIPS Council  Chair for his report and  those who have supported 
the MC12 TRIPS Decision . As there has been no progress  since this was agreed in June,  Members  
should redouble their efforts  to reach  convergence  on extending  this decision  to diagnostics and 
therapeutics. During the pandemic, medicines were i n high demand causing shortages both in the 
medical products as well as inputs – a problem that we experienced in our country . This makes  both 
medicines and inputs in producing them even more vital so that we can combat  COVID -19. That is 
why this matter is very important and has been thoroughly discussed for the past two years including 
in the TRIPS Council . As information had already been p rovided , we should not delay this process  WT/GC/M/201  
 
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  further. We have to take this decision as quickly as we can.  Given the limited time we have left, we 
must fulfil our commitment to achieve results and enable an IP  system which prioritizes  human  life. 
4.40.   The representative of  Nepal  delivered the following statement:  
4.41.   I support the statements delivered by South Africa, India and other proponents in favour of 
this agenda item. The MC12 TRIPS Decision is a good example of multilateral deliberation to address 
the global problem. It would definitely contribute to saving lives of people around the world. 
However, this decisio n by itself is not sufficient because vaccines alone do not resolve the COVID -19 
pandemic problem. In this context, we need to take a decision on its extension to cover production 
and supply of COVID -19 diagnostics and therapeutics in a timely manner by en gaging constructively 
and demonstrating flexibility at the maximum possible level.  
4.42.   The representative of  Jamaica  delivered the following statement:  
4.43.   The COVID -19 pandemic has reinforced our interconnectedness and the need for us to 
coordinate at the multil ateral level to tackle issues which affect all of us. This Ministerial Decision 
provides a framework for members to diversify and increase vaccine production for the treatment 
and containment of COVID -19. It represents a careful balance that puts the WTO i n a position to 
respond to the pandemic in a tangible way through the provision of the necessary flexibilities in the 
TRIPS Agreement, while preserving the essential benefits and protection to be derived from the IP 
framework in the WTO. Under this decisio n, Members, especially developing and LDCs, can seek 
investment in, develop or utilize existing manufacturing capacity to produce COVID -19 vaccines and 
contribute to global output. The pandemic is not yet over. In some parts of the world, we are seeing 
a resurgence. The WTO needs to accelerate the pace at which it contributes to global initiatives 
aimed at, inter alia, improving accessibility to and affordability of COVID -19 treatment and 
addressing the issue of low rates of vaccinations, especially in deve loping and LDC Members. Hence, 
as Members deliberate on the extension of the Decision to cover therapeutics and diagnostics in 
keeping with Paragraph 8, and the proposed deadline of December 2022, it is important that we 
remain constructive, open -minded an d creative in our engagements. In this regard, Jamaica 
supports the informal meetings and consultations being undertaken by the TRIPS Council Chair as 
well as the bilateral engagements by individual delegations. These are appropriate ways to narrow 
diverge nces, understand areas of concerns and brainstorm ideas on next steps. It is also important 
that we bear in mind the need to start preparing for future pandemics and ensuring that the 
organization is better equipped to respond. The MC12 Decision of the WTO 's response to the 
pandemic serves as a good basis in this regard. We note the submission from co -sponsors, which is 
still under consideration in capital. Given the fast -approaching deadline, Jamaica encourages all 
Members to remain engaged in the process and looks forward to a timely conclusion of the 
negotiations. Jamaica aligns itself with the statement to be delivered by the ACP Group.  
4.44.   The representative of Egypt  delivered the following statement:  
4.45.   We associate with the statements made by the African Group and the co -sponsors of the 
TRIPS waiver proposal. On Paragraph 8 of the Ministerial Decision on TRIPS, we express our regret 
that we now have less than three months to come to a Yes/No Decision. Frankly speaking, while we 
are witnessing no ad vancement on that track, we are in a loop of questions and answers circle that 
would prolong those negotiations until MC13. That said, we are requesting Members, especially non 
proponents, to engage constructively and avoid getting into circular discussion s with questions and 
additional questions. We urge our trading partners, those who are seeking evidence and facts to 
recall all these detailed submissions that have been made by the co -sponsors since the start of these 
discussions two years ago. Several do cuments have been provided by co -sponsors in this regard to 
answer these questions. In addition, we have provided new series of evidence and answers in our 
recent statements at the informal TRIPS Council convened on 3 October. There is no doubt that 
facing  the COVID -19 pandemic requires a comprehensive approach, based on ramping up and 
diversifying the production of all related therapeutics, diagnostics, and vaccines. Let me affirm in 
this regard that vaccines alone will not be sufficient to prevent death o f COVID -19 victims. All sides 
are urged to cooperate in good faith and in earnest to address this challenge and desist from delaying 
tactics. My delegation will we remain committed to engage constructively to this effect in any 
configuration.  WT/GC/M/201  
 
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  4.46.   The represent ative of Peru delivered the following statement:  
4.47.   Peru appreciates the meetings calendar so that we can structure our work. We hope that we 
continue to do this in an open , transparent and inclusive manner . We are happy that discussions 
have started, includi ng on the definition and scope . There are other aspects as well which are crucial 
so that we can make headway in  the negotiations. The outcome could be different if we compare it 
with what we did on vaccines. It is important that the decisions and the waiv er on 17 December or 
before are based on evidence and factual analysis. To that end, we see value in experts and people 
from specialized agencies such as WIPO and WHO be ing invited to give information and data because 
they can shed light on this very compl ex area. We should ensure  that we do not stand in the way of 
good faith discussions. We will continue to make a real contribution to th is process concerning 
diagnostics and therapeutics and we will do this because we see it as a major priority.  
4.48.   The representative of  the Republic of Korea  delivered the following statement:  
4.49.   Korea appreciates Ambassador Gberie's update report and welcomes the resumption of 
discussions on Paragraph 8 of the Ministerial Decision with a particular focus on issues including  
assessing the current COVID -19-related situation and defining the scope of the subject matter of a 
patent. In recent informal meetings of the TRIPS Council, Members had shared their views on such 
issues. However, we are still in the initial stage of discu ssion on whether to extend the decision for 
COVID -19 therapeutics and diagnostics. My delegation believes that we should continue facts and 
evidence -based discussions by building on what we have already exchanged in recent meetings. 
Korea stands ready to w ork constructively with Members for balanced and timely outcome.  
4.50.   The representative of  Chinese Taipei  delivered the following statement:  
4.51.   We thank all Members which have contributed to the discussions on this topic. The discussions 
are very useful. We consi der saving lives and health is important and we are serious on the discussion 
of the possible extension of the TRIPS Decision. We have launched our domestic consultations with 
stakeholders to find the best way to tackle the pandemic in a realistic and prac tical way and, at the 
same time, to respect the patented rights as much as possible. I thought Singapore's questions are 
genuine, fair and practical. These questions include understanding the current state of pandemic; 
updating our response approaches; ide ntifying full factors which affect the supply and demand; and 
considering whether our decision could become disincentives to the future invention. In addition, we 
have several suggestions. The TRIPS issues with respect to vaccines, on the one hand, and tho se 
with respect to diagnostics and therapeutics, on the other hand, might not be necessarily identical. 
Therefore, discussion on various aspects to address different concerns in relation to diagnostics and 
therapeutics is not an unnecessary repetition but is needed to help our discussion move forward. 
Our sincere belief is that clarification of the scope of diagnostics and therapeutics is necessary. There 
are no clear definitions for diagnostics and therapeutics in the fields of medicine or medical devise. 
During the past negotiations on the TRIPS Waiver, Members had not proposed a working definition 
for discussion. Since an extension of the MC12 Ministerial Decision on TRIPS Agreement will be 
binding in nature, we need to be sure about the exact product -coverage so as to provide certainty 
for its future application and for the affected and benefiting industries to conduct their businesses.  
4.52.   In addition, some COVID -19 related diagnostics and therapeutics have broad and multiple 
uses. They might not be exclusiv ely for the purpose of diagnosis or treatment of COVID -19. From 
this perspective, it could be overly broad and could have unexpected adverse implications if the 
dual-use products are covered. During our internal consultation, we were also informed that man y 
diagnostics or therapeutics either do not involve patent or the related patents are expired. It will be 
useful if Members can provide more data showing that patent is actually an impediment to have 
prevent companies from producing their diagnostic or the rapeutic products. Some diagnostics and 
therapeutics producing companies also informed us that, based on their experience, voluntary 
licensing from the right holders is much useful to produce good quality diagnostics and therapeutics. 
It will also be usefu l if we could have more real examples to show that voluntary licensing from the 
right holders is not working in certain fields. We will also be very much appreciative to have further 
information on any supply shortages or mismatch of supply and demand with  respect to specific 
product lines of diagnostics and therapeutics. We note that many Members might have encountered 
problems with diagnostics and therapeutics. There might be various factors contributing to such 
difficult situation. We still believe that when the actual problems involved in the supply, production 
and distribution as well as the reasons why the demand is not matched can be identified, Members WT/GC/M/201  
 
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  will be able to come to a conclusion on the possible extension in more swiftly. We stand ready to 
engage constructively in the transparent, inclusive and evidence - and science -based discussions.  
4.53.   The representative of  Djibouti , on behalf of the LDCs , delivered the following statement:  
4.54.   The LDC Group supports the initiative and the request on behalf of the  co-sponsors of 
IP/C/W/669/R ev.1, which includes the LDC Group. We urge Members to engage constructively in 
order to fulfil the mandate of the MC12 Decision on the TRIPS Agreement, regarding the inclusion 
of therapeutics and diagnostic s.  
4.55.   The representativ e of the Bolivarian Republic of Venezuela  delivered the following statement:  
4.56.   According to the WHO COVID -19 Weekly Epidemiological Update, Edition 112, published on 5 
October, while globally, the number of new weekly cases decreased by 6% during the week of  
26 September to 2 October, as compared to the previous week, the reality is that over 2.9 million 
new cases were reported. Also, while the number of new weekly deaths decreased by 12%, as 
compared to the previous week, over 8,300 fatalities were reported.  As of 2 October 2022, over 
615 million confirmed cases and over 6.5 million deaths had been reported globally. These data 
show that the rules governing international trade are not enough to stop the pandemic. As the 
tragedy of COVID -19 is ongoing, this Ho use is searching for options, based on a waiver proposal 
co-sponsored by my country. At the Twelfth Ministerial Conference, we were able to agree on a mild 
response, which was overdue and incomplete, since a comprehensive response should not be limited 
to vaccines but also include diagnostics and therapeutics. For my delegation, this matter is not yet 
resolved and remains part of our original proposal for a waiver. We are concerned about the delay 
in the meeting schedule that was presented at the meeting of  6 July. Unfortunately, we now have 
less than three months to reach a decision. My delegation is of the view that it should be our top 
priority. We would ask that Members, especially the non -proponents, participate in a constructive 
manner and avoid circul ar discussions with additional questions and repeated questions requesting 
evidence and facts that have already been provided in various documents submitted by the 
proponents. Tactics aimed at delaying the matter by those who do not want to move forward ha ve 
collateral consequences that cost people their lives people who may be anonymous to us, but 
nevertheless remain important to their families and communities. The urgency of extending the 
Decision on TRIPS to therapeutics and diagnostics cannot be underes timated, as they are still in 
short supply and unaffordable in developing and LDC Members. According to the WHO, the average 
daily testing rate in the developing world is as low as one eightieth (1/80) the rate in developed 
countries. It stresses that "[i] mproving access to early testing and diagnosis in primary health care 
settings will be key for the global rollout of this treatment". The WHO has also said that its 
recommended treatments for COVID -19 are in short supply and expensive, due to patent barrie rs. 
It is up to us to make headway on this issue. The time has come to move to text -based negotiations.  
4.57.   The representative of Botswana  delivered the following statement:  
4.58.   I thank the delegation of South Africa for the introductory statement on behalf of the  co-
sponsors and for their efforts in leading the discussions on this matter. Botswana associates with 
the statements read by Cameroon and Kenya on behalf of the African Group and the ACP 
respectively.  My delegation would like to stress the need for expedi tious action in the implementation 
of Paragraph 8 of the Ministerial Decision on the TRIPS Agreement. It is concerning that we have 
already lost three months of the six months timeline from the Ministerial Decision to deliberate and 
conclude on the extensi on that will allow the production and supply of COVID -19 diagnostics and 
therapeutics. We believe that the extension of the decision to cover production and supply of 
COVID -19 diagnostics and therapeutics will cap supply shortage in the event of unpreceden ted 
outbreak of COVID -19 variants. The conclusion of this matter will indeed demonstrate the important 
contribution that the WTO as a rule -based multilateral institution can make in response to the 
pandemic. Botswana is ready to engage with other WTO Membe rs in taking this matter forward.  
4.59.   The representative of Indonesia  delivered the following statement:  
4.60.   At the outset, Indonesia would like to associate itself with the statements made by South 
Africa, and other co -Sponsors of the IP/C/W/669 document. Despite  positive trends on global 
COVID -19 cases, we should not be lulled into this false sense of security. According to the WHO, the 
decrease in cases is due to the reduction of testing and monitoring capacities. They further warn WT/GC/M/201  
 
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  that the upcoming winter may r everse downward trend in global COVID -19 cases. This crisis is not 
over yet and that is exactly why the decision to extend the Agreement to therapeutics and 
diagnostics, as contained in Paragraph 8 of the Ministerial Decision, becomes that much more 
import ant. At this meeting, Indonesia will not go into details of how accessibility, availability, and 
affordability of therapeutics and diagnostics still pose as a challenge to developing and LDC Members, 
as we have continuously done so in our statements as wel l as the many previously submitted 
documents, including the recently submitted document RD/IP/49 by the co -sponsors of the TRIPS 
waiver. In short, we have done our part. Instead, we would like to suggest that rather than spending 
times to debating on why t herapeutics and diagnostics are important, while rehashing the same old 
debate we did many months ago, let us move forward and fulfil the mandate to extend the Ministerial 
Decision to therapeutics and diagnostics. The clock is ticking, and the WTO should n ot repeat the 
same mistake by simply being a bystander and watching people die, while we debate on the course 
of action to take – an action that should be comprehensive enough to cover all types of 
countermeasures needed for the prevention, containment, an d treatment of COVID -19. 
4.61.   The representative of  Pakistan  delivered the following statement:  
4.62.   We echo the statements made by South Africa and other co -sponsors. We wish to 
acknowledge the efforts of TRIPS Council aimed at leading us through the mandate from t he MC12 
and welcome the oral report delivered by the TRIPS Council Chair in this General Council. The 
demandeurs for this waiver have engaged in the spirit of Paragraph 8 of the Ministerial Decision. 
Several questions raised, though well taken, had already  been answered in documents IP/C/W/670 
to IP/C/W/674. The discussions amongst Members, we are afraid, seem to be taking on the same 
circular tone that made easements on the vaccines much delayed. The purpose of seeking this waiver 
has been to enable the de veloping and LDC Members to have unhindered and affordable access 
towards fundamental right to life in the face of this unprecedented virus and to build a defence 
against probable forthcoming waves of COVID -19 which cannot be guaranteed with vaccines alone . 
Vaccines build passive immunity which alone cannot be relied upon, and the need of a test and 
treatment mechanism in the form of affordable therapeutics and diagnostics is not only important 
but is complementary to the very purpose of the TRIPS Waiver it self. With the first eight months of 
2022 seeing more than 1 million COVID -19 related deaths and WHO recently terming coronavirus 
as an "acute global emergency ", the horrors of the pandemic may have slowed down, but morbidity 
cannot be ignored. While sched ule of meetings from the TRIPS Chair has been recently issued, we 
now have less than three months to come to a decision. Pakistan urges the Membership to not only 
agree on the scope and utility of therapeutics and diagnostics in the narrow window of time a vailable, 
but to do so recognizing the fact that inability to test and treat this deadly virus is still a missing link 
in WTO's effort to tackle it. I would like to read out the complete statement of the WHO Director -
General partially quoted earlier that w e are not there yet, but the end is in sight, and he went on to 
liken the pandemic to a marathon race. He said, "Now is the time to run harder and make sure we 
cross the line and reap the rewards of all our hard work." Pakistan urges Members to arrive at a  
consensus decision in line with the Ministerial mandate on this issue. It will not reflect well on this 
organization if we decide to close our collective eyes and wait for a date to pass by. The world will 
not be COVID -free on 18  December 2022.  
4.63.   The repres entative of  India delivered the following statement:  
4.64.   First of all, I would like to thank the TRIPS Chair for his report to the GC made under his own 
responsibility and I would like to thank all the Members who participated in this debate on agenda 
item 4. I would also like to support the statements made by S outh Africa along with other co -
sponsors. We would appreciate if  the TRIPS Council kept the practice of sending a formal oral status 
report to the General Council rather than having the co -sponsors proposing this agenda item at 
every General Council. The s econd suggestion is on retreats . Retreats are the flavour of the season 
and therefore we hope that apart from fish, agriculture and WTO reform, we can also have a retreat 
to discuss the TRIPS Ministerial decision and Paragraph 8 of the Ministerial mandate but that should 
not be organi zed outside Geneva. We hope that we are all on the same page on the urgency of this 
issue and while more than three months have gone and only little over two months are left, we do 
not prolong the debate and discussions and wai t for another wave to hit us somewhere before we 
are able to extend this decision to therapeutics and diagnostics. We thank the TRIPS Council Chair 
and the Secretariat that finally we have a schedule of meetings ahead of us, that the proponents 
had propose d way back in July and I hope that these meetings are utilized optimally, and circular 
discussions, need for providing endless evidences are avoided. Let us work together so that we are WT/GC/M/201  
 
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  on the path of delivering on this particular mandate from our Minister s before 17 December. No 
doubt that test and treat is the model which every scientific and medical community has backed 
because vaccine is not providing prevention and the economic condition around the globe is such 
that another lockdown or similar measure s are not going to sustain the economy. So, it is better 
that proactively we should follow the test and treat model and for that affordability, availability, and 
accessibility of therapeutics and diagnostics, is very much important.  
4.65.   The representative of Canada  provided the following statement:  
4.66.   Following the MC12 decision, Canada remains committed to engaging constructively with all 
WTO Members on the TRIPS waiver. Canada remains interested in seeing Members have an 
evidence -based discussion to determine wh ether Members have encountered difficulties related to 
or arising from the TRIPS Agreement with respect to the production and distribution of diagnostics 
and therapeutics against COVID -19. In particular, we note and welcome the Secretariat's compilation 
of issues raised by Members at the 19 September meeting of the TRIPS Council, and look forward 
to further discussions, including on the basis of these issues. Canada remains of the view that this 
discussion would allow the TRIPS Council and the WTO to contri bute to a broader understanding of 
the factors affecting the production and distribution of diagnostics and therapeutics for COVID -19 
and contribute to our collective ability to act concretely and effectively to address all challenges not 
only within the T RIPS Council, but more broadly. We look forward to continued dialogue with all WTO 
Members on this issue, including at the next session of the TRIPS Council on 12 -13 October.  
4.67.   The representative of Brazil  provided the following statement:  
4.68.   The waiver agreed during MC12 is a balanced result between the urgent challenges posed by 
the COVID -19 pandemic and safeguarding the TRIPS regime within the WTO. The ministerial decision 
has preserved the integrity of the TRIPS agreement while also improved and accelerated procedures 
and requirements related to the use of compulsory licensing provided for by Article 31 bis. In June, 
we all also decided to continue discussing a potential extension of the waiver to cover diagnostics 
and therapeutics. Brazil understands that th e same balanced approach achieved at the MC12 should 
guide us in the negotiation process on the extension of the TRIPS waiver. As we did at MC12, Brazil 
will continue to work closely with other Members with a view to achieve a balanced result that both 
addresses the concerns and needs of many Members throughout the world, particularly developing 
and LDCs, and also preserve the integrity of the TRIPS regime.  
4.69.   The Director -General  saw both encouraging and discouraging notes in the debate. She was 
glad that Mem bers had it so that they could see the tone. The willingness for all sides to look at the 
issue and try to come to a conclusion was encouraging. She hoped Members could avoid the very 
pointed and polarized approach they had had before with the vaccines and  instead build on their 
ability to have come to a conclusion on that – to try and come to some conclusion on how to handle 
this issue. She had also heard the suggestion by India for a forum to discuss this – which could be 
taken up with the TRIPS Council C hair. On her part, she stood ready to work as fast as possible to 
support all Members to try and meet the mandate given at MC12.  
4.70.   The General Council took note  of the statements.  
5  TRADE RELATED CHALLENGES OF THE LEAST DEVELOPED COUNTRIES AND WAY 
FORWARD: PROPOSAL FOR A WTO SMOOTH TRANSITION PACKAGE IN FAVOUR OF 
COUNTRIES GRADUATED FROM THE LDC CATEGORY (WT/GC/W/807/REV.1) – REQUEST 
FROM DJIBOUTI ON BEHALF OF THE LDC GROUP  
5.1.  The representative of Djibouti , on behalf of the LDCs , delivered the followi ng statement:  
5.2.  While the LDC Group was highly disappointed with the lack of treatment of this issue at MC12, 
we have redoubled our work and come forward to the General Council with this submission. The 
need for a formal mechanism in the WTO to ensure a smoo th and sustainable transition for Members 
leaving the LDC category is a top priority for our Group. Today, 16 LDCs officially meet the two 
graduation criteria set by the United Nations to leave the LDC category. At the last triennial review, 
another ten me t one of the two criteria, putting them on a strong pathway to graduation. For them, 
the abrupt loss of international support measures – including trade -related ones – could have large 
negative impacts. On top of that, the trade downturns triggered by the COVID -19 pandemic and the WT/GC/M/201  
 
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  food and energy crises resulting from the global geopolitical situation further threaten to reverse 
many of the development progress achieved by LDCs. This makes a smooth and sustainable 
transition mechanism, in line with recommen dations of the UN General Assembly, more urgent than 
ever. In this context, the absence of a concrete outcome at MC12 on this topic, despite the 
concessions made by the group, and the wide support gathered for its interim proposal, is a matter 
of serious c oncern.  
5.3.  Today's submission provides the basis for continuing this discussion and reaching a long 
overdue agreement on this urgent matter. It reviews our October 2021 submission WT/GC/W/807 
based on discussions so far and reflecting concerns expressed by M embers in a constructive and 
pragmatic way. The submission contains two main aspects: first, a draft General Council decision on 
DFQF preferences and second, a proposed package of special and differential treatment provisions 
in WTO agreements and decision s and LDC -specific Technical Assistance and capacity building to be 
extended over a certain period of time for those leaving the LDC category. In the first part, the 
General Council decision simply encourages Members to have procedures in place to extend a nd 
gradually phase out unilateral trade preferences granted to LDCs over a period of six years, or a 
period determined by the preference granting Member. It applies to programmes that determine 
eligibility based on the listing by the UN of a country as a L east Developed Country. The rationale 
for the proposed six -year period is to follow the two triennial reviews undertaken by the UN CDP to 
monitor the post -graduation phase. It corresponds to the period during which Members leaving the 
category are particul arly vulnerable and require special attention to secure a smooth and sustainable 
transition. Overall, the text of the draft decision largely reflects the language discussed informally 
during MC12, but which was not taken up for decision. Let me insist on t he fact that the LDC Group 
has made particular efforts to integrate concerns by other Members. It is therefore our expectation 
that the General Council could adopt this decision expeditiously.  
5.4.  The second part of the submission proposes special and differe ntial treatment provisions in 
WTO agreements and subsequent decisions to be extended over a certain period for those leaving 
the LDC category. This includes LDC -specific technical assistance and capacity building programmes 
provided under the WTO system. T his would mean that those leaving the LDC category should 
remain eligible to benefit from these programmes and facilities after graduation for a period to be 
negotiated, as is currently done by the EIF. Besides technical assistance and capacity building, t he 
submission identifies in its Annex 2 a limited number of flexibility provisions in both WTO Agreements 
and Decisions to be extended after graduation. It is important to highlight here that the list in 
annex  2 only represents a subset of the broader univ erse of flexibility provisions under the WTO 
system. These provisions have been singled out given their critical importance in ensuring a smooth 
and sustainable transition. Here again, the idea is not to create new flexibilities but only to extend 
some of the existing ones. This departs from the earlier LDC submission calling for extending all 
flexibility provisions and shows once again the willingness of the Group to be constructive and 
pragmatic. In the interest of time, I will not go through all the prov isions envisaged in Annex 2. Let 
me however highlight a few aspects. For flexibility provisions, which are not limited in time in WTO 
Agreements or Decisions, the proposal is to extend access to existing flexibilities for a period of 
X years, to be decided  by Members. Where flexibilities are time bound, our proposal is to extend 
them for a period of X years after graduation or until the end of the final extension period or waiver 
granted to LDCs, whichever date is earlier. Finally, the submission proposes t hat for flexibility 
measures and exemption incorporated in future WTO Agreement, or other relevant Decision, special 
modalities should be incorporated to take into account the need to ensure a smooth transition after 
graduation. A general principle would b e to ensure that if a Member graduates during a transition 
period for LDCs, it should be entitled to utilize the remaining period of delay. In conclusion, let me 
reiterate that from an LDC perspective this topic remains a top priority. The proposed approac h does 
not create new flexibilities, but simply requests a time bound and gradual phase out of critical 
support measures. A first next step should consist in deciding on the Draft GC Decision (Annex 1) 
and initiating consultations on the second part, for e xtension of LDC -specific Technical Assistance 
and Special Treatment, to be reported at the next General Council meeting.  
5.5.  The representative of Bangladesh  delivered the following statement:  
5.6.  Under this item, Bangladesh aligns with the statement delivered by  Djibouti on behalf of the 
LDC Group. The communication WT/GC/W/807/Rev.1 is built on our previous submissions. Ministers 
in MC12 outcome document Paragraph 5 acknowledge the particular challenges that graduation 
presents including the loss of trade -relate d international support measures. They also recognize that WT/GC/M/201  
 
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  certain measure in WTO can play significant role to facilitate smooth and sustainable transition for 
the Members who leave the LDC category. LDC Graduation will not fix our inherited challenges 
overnight, on the other hand, all LDCs will graduate eventually, and this is a target of the global 
community. Therefore, the LDC Graduation is not the priority of LDCs only. A decision in the WTO 
to extend the LDC -specific flexibilities for a few more years after graduation from the LDC category 
will have negligible impact on global trade. The present submission accommodates ideas and 
suggestion from numerous informal exchanges with delegations before and after the MC12. The LDC 
group is grateful to all deleg ations for their continuous support and positive engagement. We have 
brought some significant changes in the submission if compared to the previous submissions. The 
submission in two parts is quite flexible. The first part is a draft GC decision for post -graduation 
extension of the unilateral trade preference for over a period of six years corresponding to two 
triennial reviews by the UN CDP, or a period determined by the preference providing Member. It 
proposes a best endeavour approach which is non -bindin g and an 'encouragement' to extend 
LDC-preferences to Members after graduation from the LDC category. The proposed draft decision 
will not create any legal obligation on any Member. We request the General Council to approve this 
draft decision in an expedi tious manner. This will also be a testimony that, at the WTO, we do not 
always wait for the Ministerial Conference to make a decision.  
5.7.  For the second part, the LDC Group has proposed principles to extend the LDC -specific WTO 
special treatment and the LDC -specific technical assistance and capacity building after graduation. 
The Annex 2 provides a limited list of LDC -specific special treatment measures which are left with 
X years to suggest the length of extension after graduation. This is kept open for furt her discussion. 
At MC12 outcome, our Ministers recognize that certain measures in WTO can help facilitate smooth 
and sustainable transition and Annex 2 is the selective list of those measure that would help. We 
also stress that the listed measures are all existing LDC -specific treatment, currently available for 
all LDCs equally. And we do not propose any new flexibility. The only issue is whether to extend the 
listed measure and, and in that case, what would be value of X or whether it would be a uniform 
number. The same would be required for LDC -specific technical assistance and capacity building 
extension after graduation. Implementation of modalities for these measures through a Ministerial 
decision may in effect be considered as a peace clause. The LDC g roup will continue discussions with 
Members to get a good sense where to do the technical work for this part with an expected timeline. 
We suggest that one particular WTO body should do the work, otherwise it would be difficult for the 
LDC Group to split i n several bodies. Previously, many delegations supported that LDC 
Sub-Committee would do this work and report back to the General Council if the General Council 
provides such mandate. On the expected timeline, we appeal to complete the work much ahead of 
MC13. Bangladesh along with the LDC Group remains confident that WTO Members will engage in 
constructive discussions and succeed in finding the best way to crystalize the smooth transition 
package for the LDCs in the WTO disciplines and we look forward to e ngaging with our partners.  
5.8.  The representative of Angola  delivered the following statement:  
5.9.  The Angola delegation aligns itself with the statement made by Djibouti, on behalf of the LDC, 
by Kenya, on behalf of the ACP, and by Cameroon, on behalf of the Afr ican Group.  We would like to 
express our continuous commitment and total support to an interim arrangement for a smooth LDC 
transition for 6 to 9 years, granting LDCs unilateral trade preferences and preferential market access. 
Nevertheless, we do think th at the concept of a smooth transition graduation process is not enough 
to help LDCs nowadays judging by the constant economic imbalances that they continue to face as 
a threat to reverse development gains achieved in recent years. There is on the table a r evised 
proposal from the LDCs, in which we propose a smooth transition package. The Members of this 
Council seem to carry out a better assessment, judging by the provisions of special and differential 
treatment in the different WTO agreements. The process of LDC graduation cannot stand mainly as 
an econometric evaluation or reward -alike gift for GDP yearly gains. In these difficult times, it has 
become a major strategic, profound commitment towards a new long -term sustainable development 
of LDCs. Therefore,  their full integration in the global economy through renewed aid, cooperation, 
and investments must include economic, social, and health resilience at the core of the graduation 
steps forward. In consequence, Angola expects that the MC12 outcomes will add  up to the smooth 
transition concept as a firm declaration to support the economic and social recovery of graduating 
LDC and t hus demands a new UN decennial specific program and assistance package of action able 
to gather in one robust framework all the di fferent agencies, projects, and financial resources 
presently dispersed or casuistic in methods, access, and implementation.  This new ten -year 
programme of action is urgent for LDC's sustainable development and fair integration in the world WT/GC/M/201  
 
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  economy and global trading system in the context of the 2030 Sustainable Development Goals. In 
conclusion, the delegation of Angola suggests the General Council to include a congruent declaration 
in the present LDC graduation proposal as an institutional c ontribution to the forthcoming Fifth UN 
Conference on Least Developed Countries (LDC5) expected to take place next year in Doha, Qatar. 
Angola reaffirms its statements made at the last two meetings of this Council on this subject  and 
reasserts the commitme nt to the LDC Group proposal . 
5.10.   The representative of Pakistan  delivered the following statement:  
5.11.   We thank the LDC Group for their revised proposal outlining the required support while 
graduating from the LDC Category. We all are now familiar with the 4Cs cr ises, COVID -19, climate 
change, conflict and cost -of-living. They are the hard realities for both developing and least 
developed economies. But these are especially more relevant in the context of slowing down of 
global growth from 2.5 per cent in 2022 to 2.2 per cent in 2023. This proposal would contribute to 
address the challenges stemming from these 4Cs and would allow the continuation of their 
post-graduation development. We therefore call on Members to consider this proposal positively.  
5.12.   The representat ive of Cambodia  delivered the following statement:  
5.13.   My delegation aligns with the statement made by Djibouti on behalf of the LDC Group. I would 
like to add to what Djibouti already mentioned by providing some data for consideration as to why 
this decision is critical for development and strengthen resilience of graduated LDCs. I would like to 
point out that LDCs' share of world export of goods is currently at 1.01% and it will be around that 
rate for the foreseeable future, and this is despite LDCs receivin g preferential market access. In 
relation to this, I must point out that we have by far missed the target of SDG 17.11 that aimed to 
double LDCs' share of global export by 2020. Therefore, the proposed transition period would go a 
long way in sustaining an d accelerating the level of development of graduating LDCs and to avoid 
falling into a situation that stagnate development progress. I would like to point out that the LDC 
Group has been listening to views of all Members. The LDC Group's submission has gon e through 
many changes, and this reflects strong flexibility and full engagement on our part. We once again 
would like to urge all Members to work constructively on this proposal, the details of which have 
already been outlined by Djibouti on behalf of the  LDC Group and by Bangladesh, the Focal Point on 
Graduation. I would like to reiterate that we are fully ready to engage all partners to discuss this 
proposal toward a positive outcome.  
5.14.   The representative of Nepal  delivered the following statement:  
5.15.   I assoc iate with the statement delivered by Djibouti on behalf of the LDC Group. This is an 
agenda which we have not been able to conclude despite overwhelming support from a large scale 
of the Membership for the last three years. This is also an agenda for inclu sive multilateral trading 
system. I thank all Members who have wholeheartedly supported this agenda item. The LDC Group 
has revised its proposal by making the substance clearer by taking into account the concerns raised 
by few Members. Our demand is not fo r new areas but just for a continuation of existing facilities 
and flexibility for a few more years after graduation. It should not be linked with any other issue in 
the WTO as it is simply a question of providing a few more years after graduation. My dele gation 
stands ready to constructively engage with Members for an early conclusion of this matter.  
5.16.   The representative of Cameroon , on behalf of the African Group , delivered the following 
statement:  
5.17.   The African Group aligns itself with the statement delivere d by the LDC Group. We continue 
to lend our full support to the LDC Group's proposal aimed to ensure a smooth transition following 
graduation from the LDC category. The proposal submitted by the LDC Group is in line with the core 
objectives of the WTO, and  it is important for the most vulnerable Members amongst us. We 
therefore express our regrets that Members could not agree on an outcome on this important issue 
at MC12, and we call on Members to engage constructively in the coming months, with the view of  
reaching consensus as soon as possible before MC13.  WT/GC/M/201  
 
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  5.18.   The representative of Norway  delivered the following statement:  
5.19.   We are happy to see that several LDCs are now approaching the next step in their 
development. Graduating is good. Looking at the revised pr oposal , we commend the proponents for 
being receptive to concerns regarding Members rights to design their own GSP programmes 
unilaterally. The new proposed wording is clearly an improvement to this effect. As for Norway's GSP 
programmes , these include fav ourable treatment for a wide range of Members  with higher incomes 
than the LDC category. Further, we would also like to commend the proponents for presenting clearly 
the special and differential treatment they wish to include in the transition package in A nnex 2. This 
could be a useful basis for discussions and such discussions may well be conducted in the dedicated 
Sub-Committee for LDCs under the Committee for Trade and Development.  
5.20.   The representative of the United Kingdom  delivered the following statemen t: 
5.21.   At the last General Council, we acknowledged the flexibility the LDC Group has shown in their 
efforts to secure an agreement at MC12. It is a shame we were not able to resolve this issue at 
MC12. We thank the LDC Group for continuing to approach this is sue in the spirt of compromise. We 
remain committed to working with the LDC Group and interested parties to talk about LDC graduation 
and how to further integrate LDCs, and graduated LDCs into the multilateral trading system. This is 
why we had a UK Direct or-General over in Geneva last week to officially launch the UK's new 
Developing Countries Trading Scheme (DCTS) which is intended to come into force in early 2023. 
The DCTS is more generous and simpler than the existing UK trading preferences scheme has b een 
in the past. It is one of the most generous preferential trading schemes in the world demonstrating 
the UK's commitment to trade for development. We look forward to discussing our new scheme with 
the LDC Group. We are interested to see the LDC Group's proposals on S&DT measures and 
exemptions in Annex 2. We will look at the evidence for why these specific provisions have been 
identified and suggest that the evidence be discussed at a more technical level, for instance, in the 
LDC Sub -Committee as others  have suggested. The UK remains committed to working with the LDC 
Group and other partners to reach an agreement on this issue which will satisfy all parties.  
5.22.   The representative of Nigeria  delivered the following statement:  
5.23.   Nigeria is surrounded by LDCs, a nd we understand their  development challenges. Nigeria has 
been in support of the LDC  Group's  proposal, and we therefore urge Members to consider their 
request especially on the request for extension of technical assistance and capacity building and 
flexib ilities for some years after graduation. The consideration of their proposal will no doubt assist 
them in their continued effort to addressing their economic and development challenges which we 
believe will be for the best interest of all.  
5.24.   The representati ve of the United States  delivered the following statement:  
5.25.   We recognize the challenges faced by least developed countries. As we have stated before, 
we share the LDCs' goal to seek to develop better tailored approaches to address specific needs and 
circums tances of individual or similarly situated Members  for future negotiations. We have indicated 
that we are willing to consider flexibility in future negotiations for developing Members  that have 
recently graduated from LDC status as long as other similarly  situated developing Members  have 
access to the same tailored flexibilities. Before MC12, we signalled an openness to an encouragement 
to Members to incorporate transitional periods in their goods preference programmes , as 
appropriate , and in a manner that did not create problems for how Members manage their unilateral 
programmes. However, the draft proposal tabled today is far too prescriptive to reach consensus. 
We encourage the proponents to consider where the discussions were in June and to formulate a 
proposal along those lines. We believe the best course of action is to bring this revision to the CTD 
Special Session for further discussion, in line with Paragraph 2 of the MC12 Outcome Document 
(WT/MIN/(22)/24), which instructs officials to continue to wo rk on improving the application of S &DT 
in the CTD SS and other relevant venues in the WTO.  
5.26.   The representative of the European Union  delivered the following statement:  
5.27.   At MC12 in June, Members acknowledged the particular challenges that LDC graduation 
presents. The European Union has heard and engaged with LDC concerns throughout the run -up to 
MC12 and we will continue to do so now. The European Union continues to believ e that there should WT/GC/M/201  
 
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  be support and flexibilities for WTO Members, commensurate with their needs and capacity 
constraints, beyond the group of LDCs. The European Union takes note of the revised proposal. We 
welcome the specifications in Annex 2 which requir e further discussion. We especially encourage 
discussions based on analysis that shows where specific difficulties exist. In the area of trade 
specifically, the aim of the European Union is to focus on how to facilitate and enhance the Members' 
capacity to  assume commitments that foster integration in the global economy. In our view, that is 
the best way that the WTO can effectively contribute to sustainable development.  
5.28.   The representative of Kenya , on behalf of the ACP , delivered the following statement:  
5.29.   The ACP Group thanks Djibouti for circulating the revised proposal for a WTO smooth 
transition package in favour of Members that have graduated from the LDC category. The Group 
continues to pledge its full support for this important submission o n behalf of the LDC Group and 
calls on other Members to also support it. The ACP Group believes that graduation is never 
automatically accompanied by favourable conditions that warrant immediate relinquishing of LDCs' 
flexibilities. As indicated in the rev ised proposal, the abrupt removal of International Support 
Measures (ISM) for graduating LDCs can result in negative impacts for them after their graduation. 
This has been worsened by the COVID -19 pandemic as well as the prevailing food and energy crises 
arising from the global geopolitical situation. As the ACP Group comprises of several LDCs, we urge 
all Members to consider and support the proposal so as to reach an agreement that is acceptable to 
LDCs, and which will indeed fulfil the UN mandate of smoot h transition of all LDCs when they 
graduate from LDC status.  
5.30.   The representative of  India delivered the following statement:  
5.31.   India once again reiterates its support for the LDC proposal and we hope that the revised 
document addresses concerns raised by som e Members and is able to forge a consensus for an 
expeditious outcome on this important file, including a reasonable period for graduating Members. 
In the present day when we all are facing COVID -related shocks, as well as many least developed 
countries ar e facing a balance of payment crisis, it would be more prudent to take expeditious action 
on this file, so that we avoid the problem of slip back for them.  
5.32.   The representative of Switzerland  delivered the following statement:  
5.33.   As we signalled at earlier meet ings, Switzerland is ready to discuss ways and means to support 
LDCs that face a changing environment due to graduation. As a first reaction, we welcome the 
increased specificity and flexibility, taking into account concerns voiced. This has significantly 
improved the proposal in our view. However, internal consultations are still underway, and we will 
revert back to the proponents and Members at a later stage.  
5.34.   The representative of South Africa  delivered the following statement:  
5.35.   The topic of LDC graduation  has generated increasing interest since the adoption of the LDC 
Ministerial Declaration in 2017 calling for positive action on LDC graduation. Since then, the LDC 
Group has put forward several graduation -related proposals in various WTO bodies. It is regr ettable 
that there was no outcome on this important issue at MC12. In our view, LDC Graduation is not the 
priority of LDCs only. This is overall a development issue. We are aware that a significant number 
of LDCs are in the graduation line and eventually a ll of them will graduate from the LDC category. 
In Paragraph 5 of the MC12 outcome document, Ministers acknowledge the particular challenges 
that graduation presents including the loss of trade -related international support measures. They 
also recognize th at the WTO can play an important role to facilitate a smooth and sustainable 
transition for the Members who leave the LDC category. As the submission correctly states, while 
meeting the graduation criteria remains a major achievement, graduated LDCs still face significant 
trade and development challenges. Graduation means loss of access to a wide range of international 
support measures which contributes to socio -economic development, including trade -related 
measures such as preferential market access or spe cial and differential treatment provisions in WTO 
rules. If not well managed, these risks graduating LDCs falling back to the LDC category if their 
progress is not sustained. There is therefore a need for the WTO to develop a mechanism that will 
support th e smooth transition of graduating LDCs. We see this as one of the critical aspects of the 
development mandate and is critical to deliver on the UN General Assembly Resolution 59/209 of 
2004. South Africa has been a strong supporter of LDC integration into the multilateral trading WT/GC/M/201  
 
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  system and supports all efforts to increase their share in global trade. We note that although 
graduation from the status of LDC marks an important milestone in the development path of each 
LDC, the phasing -out of support measures associated with LDC status could present challenges for 
graduating LDCs in their efforts to continue to integrate into the global economy. As the submission 
highlights, LDCs suffer from various capacity constraints and economic vulnerabilities. Strengtheni ng 
capacity to trade therefore remains a priority for graduating LDCs and the design of any support 
provided to LDCs should be reflective of the trade priorities and challenges LDCs have identified. It 
is thus essential for LDCs and the international commu nity to ensure greater cooperation to better 
support every LDC with a view to achieving a sustainable graduation. The LDCs have made significant 
changes to the submission compared to their previous submissions on this issue. The draft decision, 
as it is pr oposed, will create no legal obligation on any Member. It will be a good gesture to LDC 
Members who are struggling in many fronts of development and whose challenges are further 
aggravated by the ongoing pandemic and the geo -political situation resulting i n severe adverse 
impacts on food, fuel, production, employment, and the economy in general. My delegation supports 
this submission. We urge all Members to engage constructively on this issue with the aim of providing 
a better chance for graduating LDCs to integrate into the multilateral trading system. Finally, we 
associate ourselves with the statement by the ACP and the African Group.  
5.36.   The representative of Singapore  delivered the following statement:  
5.37.   Singapore welcomes the revised proposal on a Smooth Tran sition Package in Favour of 
Countries Graduated from the LDC Category. We thank Djibouti and the LDC Group for their efforts. 
Allow me to make three brief points. First, LDC graduation is an important milestone, and Singapore 
commends LDCs' efforts on this  proposal. In this connection, Singapore has a long -standing 
partnership with the WTO to support the developmental journey of developing Members. In fact, at 
MC1 in 1996, Singapore and the WTO signed an MoU to conduct Third Country Training Programmes 
for developing and LDC Members. Since then, we have collaborated closely with the Secretariat to 
conduct programmes on a wide range of topics ranging from dispute settlement to food supply 
chains. This year, we will be organizing an in -person capacity building  programme on Sustainable 
Trade in Singapore from 23 to 25 November 2022 and we welcome nominations from LDCs. Second, 
it is worth reminding ourselves that the end -goal of this proposal is to enable LDC Members to better 
integrate into the multilateral tra ding system. This means that the transition periods should be 
reasonable and justified. To this end, the revised period of six years instead of 12 years on the DFQF 
extension in the draft GC decision is a positive step in the right direction. Third, specia l and 
differential treatment can best serve its purpose when it is tailored to the needs of each Member, 
rather than adopting a one -size-fits-all approach. While we appreciate the specificity of the S&DTs 
laid out in Annex 2 of the proposal, we should cont inue to discuss how they will be applied and 
identify an appropriate timeframe for their implementation. Let me conclude by reiterating 
Singapore's commitment to engage constructively with the LDC Group on the proposal.  
5.38.   The representative of New Zealand  delivered the following statement:  
5.39.   We understand the frustration in not being able to reach an outcome at the Ministerial 
Conference on this matter. New Zealand appreciates the effort and commitment of the LDC Group 
to this important topic of LDC Graduation.  I take the floor to express our interest and commitment 
to this issue and to confirm that New Zealand is ready to constructively engage in the details. We 
look forward to working together with all Members in the subsidiary bodies to understand more 
about the detail of this revised proposal, particularly in relation to the specific elements in Annex 2.  
5.40.   The representative of Japan  delivered the following statement:  
5.41.   Japan recognizes the importance of providing special measures for developing and LDC 
Members t o engage in the multilateral trading system in a smooth transition and has been providing 
special preferential treatment for LDCs and general preferential treatment for a wider range of 
developing Members and continues to do so. Although the proposal by th e LDC Group is currently 
under scrutiny as it was submitted just prior to this General Council meeting, Japan considers that 
preferential tariff systems and the period for which they are implemented should normally reflect 
the situation of a providing Memb er and its beneficiaries. We should therefore carefully consider the 
issue of establishing in advance criteria for a specific extension period. On the other hand, we are 
open to discussing measures for Members following their graduation from LDC status in an WT/GC/M/201  
 
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  appropriate forum in this organization and we will continue to participate constructively in 
discussions regarding this proposal.  
5.42.   The representative of  China  delivered the following statement:  
5.43.   We see smooth transition as essential for graduated LDCs to achieve a sustainable graduation. 
By saying so, it is regrettable that we failed to reach consensus on this important proposal at MC12. 
The recent shocks have made the transitional period for graduated LDCs more relevant. LDCs have 
been hit hard by trade d ownturn triggered by the COVID -19 pandemic. The persistent food and 
energy crises resulting from the global geopolitical situation have also reversed much of the 
development progress achieved so far by LDCs. China supports the smooth transition for graduat ed 
LDCs. China has been granting preference to graduated LDCs in the transitional period since 2013. 
In December 2021, China announced to apply duty free to 98% of all tariff lines originating from the 
LDCs that have established diplomatic relations with C hina. This topic has been on the agenda for a 
long time. I am not going to repeat the points we made in the previous meetings. I just want to 
thank the LDC Group for revising the proposal which further shows their flexibility and effort on 
addressing conce rns raised by other Members in previous discussions. We urge Members to have 
constructive and proactive engagement with LDCs in the coming discussions with a view to reaching 
consensus on this important issue as soon as possible.  
5.44.   The representative of the Republic of Korea  delivered the following statement:  
5.45.   My delegation welcomes the submission of the revised communication. The effort to submit a 
revised proposal is consistent with Paragraph 5 of the MC12 Outcome Document, with Paragraph 15 
of the Bridgetow n Covenant that our colleagues negotiated at UNCTAD last year, and with 
Paragraph  165 of the Doha Programme of Action adopted by our colleagues in New York at the Fifth 
LDC Conference. Multilateralism works best when the work of institutions comprising the m are 
congruent and mutually supportive. We note that Annex 1 of the revised submission removes some 
of the key difficult aspects of the original proposal. For example, while we continue to have questions 
about the reference to a six -year extension period,  the revised language also encourages certain 
Members to extend their preferential market access schemes "over a period determined by the 
preference providing Member ". We also note that problematic language on support measures being 
applied automatically, equally and unconditionally […] for a uniform period " have also been removed 
in the revised submission. These are positive steps and my delegation stands ready to work 
constructively with all Members to make real progress on this issue before MC13. At the same time, 
we have been saying that the LDC Sub Committee is an appropriate place to undertake more 
substantive discussions on the second element of the proposal relating to special and differential 
treatment and technical assistance and capacity building.  Greater technical understanding is needed 
as to the implications, whether uniform extension periods are being called for, and relationship with 
other related proposals such as the G90 Agreement Specific Proposal relating to Article 66.2 of the 
TRIPS, amon g others. In this connection, I believe that the suggestion by the United States to 
discuss the elements of Annex 2 at the CTD Special Session also merits consideration.  
5.46.   The representative of Cabo Verde  delivered the following statement:  
5.47.   We take the floor under this agenda item to extend our support to revised proposal of  the 
LDC Group presented today. Cabo Verde graduated from LDC status just as we completed our 
accessions to the WTO . During our accession  process , we tried to secure some additional flexibi lities 
to smooth transition including transition periods. We might have achieved a few results in that 
regard. However, over time Cabo Verde might have also benefited from the proposal today to 
address challenges we face after graduation. Nevertheless, whi le we are not able to benefit, we fully 
support this proposal for future LDCs graduating from the category. It is important that the 
Membership agrees to this proposal in advance of MC13 in the context of the General Council.  To 
conclude, we associate with the statement s made by the ACP and the African Group.  
5.48.   The representative of Indonesia  delivered the following statement:  
5.49.   Indonesia recognizes the different levels of economic development, in particular the difficult 
challenges faced by the LDCs. With that in mind, the WTO should take its role in creating rules that 
could allow Members to integrate fairly in the global trade and benefit from the multilateral trading 
system. Extending the grace period would provide a favourable condition for a graduating LDC to WT/GC/M/201  
 
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  ensure full integration into the global trading system. Indonesia shares the view that S&DT in trade 
rules is one of t he key tools to address trade -related challenges, particularly for LDC Members. 
Indonesia wishes to continue its support on the proposal by the LDCs Group and calls all Members 
to work collectively in order to achieve acceptable outcomes.  
5.50.   The representativ e of Brazil  delivered the following statement:  
5.51.   We refer to our previous intervention on the subject and would like to reiterate our willingness 
to engage in discussions on the issue of graduation, which is a milestone in LDCs ' path for 
development. Brazil attaches great importance to S&DT for LDC Members and believes that 
graduating LDCs must receive the adequate support to ensure that they will not experience setbacks 
during this transition. We must therefore ensure that development is treated as a central  issue in 
our work until MC13.  
5.52.   The representative of Australia  delivered the following statement:  
5.53.   As the LDC Group paper itself notes  that graduation represents a "major achievement ", and 
Australia supports the development of appropriate transition arrange ments in the WTO context to 
complement the assistance we provide through our bilateral and regional engagement. We welcome 
the LDC Group's efforts to progress discussion on an appropriate set of measures. To be most 
effective, these measures ought to be ta ilored to the diverse economic circumstances and 
development needs of each graduati ng LDC. I want to thank the LDC Group for their work on the 
revised proposal. In particular, we appreciate the extra detail it contains which presents a concrete 
basis for d iscussions about a package of measures. We will closely consider the proposed elements 
and look forward to engaging on the detail of the proposal.  
5.54.   The representative of Canada  delivered the following statement:  
5.55.   Canada thanks the LDC Group for its revised proposal on a smooth transition to graduation. 
We are broadly supportive of efforts to a smooth transition for graduating LDCs. We continue to 
want to better understand the rationale behind the request, including  how this relates to the UN -led 
process for graduation. We believe it is important that extensions of LDC -specific special and 
differential treatment should be based on identified needs.  
5.56.   The representative of Djibouti , on behalf of the LDCs , delivered the  following statement:  
5.57.   I would like to take this opportunity to thank all delegations for their comments and support 
– particularly to those who outrightly indicated their support. We look forward to engaging with 
those who are willing to have further clari fications and discussions on our proposal.  
5.58.   The Director -General  thanked Members for the constructive debate. The LDC Group had 
shown some flexibility in their approach and had been working on this for a long time. Members also 
sounded constructive in their  willingness to try and work with the LDCs. This was one thing they 
could deliver if they worked hard. She encouraged all Members to come to an answer for the LDCs.  
5.59.   The Chair noted that his impression was also that there had been progress in this matter. L ike 
the Director -General, he had heard many delegations expressing readiness to pursue the discussions 
on these issues with the LDCs. He encouraged delegations to continue their interactions. He had 
also heard some proposals on how to address these issues at technical level in particular as regards 
the most appropriate WTO Body to do this work. He therefore invited delegations to address this 
issue as well in their consultations.  
5.60.   The General Council took note  of the statements.  
6  COMMITTEE ON BUDGET, FINANCE AND ADMINISTRATION – REPORT ON MEETING OF 
15 JULY 2022 (WT/BFA/205)  
6.1.  Ambassador Bettina Waldmann  (Germany ), Chair of the Committee on Budget, Finance and 
Administration , delivered the following statement:  WT/GC/M/201  
 
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  6.2.  My remarks will focus on the meeting of the CBFA tha t was held on 15th July. A summary 
report of the meeting is contained in document WT/BFA/205. Let me begin with the important 
question of long -term liabilities. The principal sources of long -term liabilities are: (1) the WTO 
Pension Plan; and (2) the After  Service Health Insurance (ASHI). The Management Board of the 
WTO Pension Plan is currently working on proposals to address the long -term actuarial deficit that 
was announced earlier this year. Various options will be presented to the CBFA, and action will  be 
required to find a solution for the longer -term. The Chair of the WTO Pension Plan Management 
Board (Mr. Jean -Marc Dril) will provide further detail under agenda item 9. Another area of 
important, ongoing work for the CBFA relates to the question of un funded ASHI liabilities. The 
Secretariat provided a helpful overview of work that has been previously done to address the issue 
at the meeting of the CBFA held on 15th July. Details can be found in the report of that meeting.  
6.3.  On the WTO Transformation Pro cess, the Secretariat transformation exercise will continue to 
be on the agenda of the CBFA as it moves forward. DDG Ellard provided an update to delegations at 
the meeting of the CBFA held on 15th July, as well as more recently at the CBFA held on 
22nd September. In addition, an informal briefing session was held with the Transformation Office 
on 20th September. Transformation work currently focusses on implementing the outcomes 
approved so far on rewards (outside of promotion), procurement, risk managem ent, promotions, 
mobility, recruitment, and career pathways. Work has also been carried out on digital tools and 
technology. You will recall in this regard that Member input was sought in two consultations sessions 
held in July. Based on those consultation s, a "roadmap" of priorities has now been prepared. Looking 
ahead, work in this area may include, for example, the development of an intelligent search function 
to revamp Documents Online. The next phase of work will consist of an important discussion of t he 
strategic direction of the Secretariat. That work has not yet begun. However, Members are eagerly 
looking forward to providing input to the discussion.  
6.4.  With regard to other important work for later this year, a special meeting of the CBFA was held 
yeste rday, on 5 October. The sole focus of the meeting was to provide the opportunity for the 
Director -General to present the mid -term review of the budget, keeping in mind the resource needs 
of the organization for 2023 and the economic context that we are ope rating in. The Secretariat's 
proposal is contained in document WT/BFA/W/607. As you may know, the request is that the WTO's 
budget be increased as of 2023 by 7.7 percent, from CHF 197.2 million to CHF 212.45 million. Half 
of this increase is linked to cont ractual, external, and unavoidable costs (or a 3.9 percent increase 
over the Zero Nominal Growth Budget that has been in place since 2012). The proposal also seeks 
to improve the Secretariat's resources (18 posts) and expertise to better serve all Members.  
Consultations with Members will be held in the coming weeks to provide further clarification with 
respect to any questions that Members may have.  
6.5.  The General Council took note  of the CBFA Chair's statement and adopted  the report contained 
in document WT/B FA/205.  
7  IMPLEMENTATION OF THE BALI, NAIROBI AND BUENOS AIRES OUTCOMES – 
STATEMENT BY THE CHAIR  
7.1.  The Chair delivered the following statement8: 
7.2.  Let us now move to Item 7 'Implementation of the Bali, Nairobi and Buenos Aires Outcomes'. 
In my statement under t his item, I will only focus on areas where there are new developments to 
report, and that have not been covered in any way under Item 2. As I said at the July General 
Council meeting, some of the matters that we discuss under this item intersect with MC12 outcomes. 
A case in point is the Work Programme on Electronic Commerce, and I would refer you to my 
statement that I delivered under item 2. Let me also stress that for all matters that fall under this 
item, and where the situation remains unchanged – I would also refer you to earlier statements 
made under this item at previous meetings of the General Council.  
7.3.  With this background, let me turn to my statement under this item – which is based on the 
information and updates provided by the Chairs of regular bodies on the work carried out in their 
respective areas.  
 
8 The Chair's statement was subsequently circulated in document JOB/GC/32 1. WT/GC/M/201  
 
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  7.4.  On the implementation of the Bali Ministerial Decision on Public Stockholding for Food Security 
purposes, Members, at the September 2022 Committee meeting, continued their examination of the 
informa tion notified by the only developing Member who has invoked the Decision upon exceeding 
the de minimis level for rice for three consecutive years starting in 2018/19. A group of Members 
had informed the Committee in June 2022 to have requested consultation s with this Member under 
paragraph 6 of the Decision. At the latest September meeting, the consulting Members reported on 
their continuing divergence on the format of consultations, which has prevented those consultations 
to take place yet; the requesting Members insists on joint or plurilateral consultations whereas the 
Member receiving request for consultations prefers those consultations to be held in a bilateral 
setting.  
7.5.  As regards the follow -up to the Bali TRQ Decision, Members have been engaged in the  first 
triennial review of the operation of the Bali TRQ Decision. At the 14 -15 September Committee 
meeting, Members elaborated on specific elements which they would like to pursue in the Review 
towards enhanced transparency of TRQ administration. Members at that meeting also approved the 
Secretariat Underfill Tracking Register to record underfill matters raised under the Bali Decision.  
7.6.  Regarding Duty -Free Quota -Free Market Access for LDCs, the CTD will undertake its annual 
review of Members' DFQF market a ccess schemes for LDCs in November. For a number of years 
now, it has not been possible for the Secretariat to prepare its report on this matter for the CTD's 
annual review given divergent views by some Members on the scope and coverage of the report. In 
the MC12 Outcome Document, Ministers reaffirmed the MC9 DFQF Decision and instructed the CTD 
to re-commence the annual review process on preferential DFQF market access for LDCs. The CTD 
Chair has been holding informal consultations with the concerned deleg ations to see whether the 
situation concerning the Secretariat DFQF report can be unblocked.  
7.7.  On Aid for Trade, we recently completed successfully the 8th Global Review of the Aid for Trade 
Initiative. Looking ahead, the CTD Chair will initiate a discussion  on how to take the Initiative 
forward, including through a new work programme – with a view to taking into account the 
perspectives shared at the Global Review, the prioritization of LDCs' objectives as directed by the 
MC12 Outcome Document and the DG's r ecommendation of a pivot to an "Invest for Trade" 
approach.  
7.8.  And finally, on Trade Facilitation, the ratification rate stands at 95% with 7 Members still to 
ratify. The rate of implementation commitments currently stands at just under 74% for the entire 
Membership and at just over 66% for developing countries and LDCs together. The rate of 
implementation commitments for LDCs stands at just over 37%. Concerning LDCs, and as a result 
of the final deadline on 22 August for the notification of the category C de finitive implementation, 
for the most part, the roadmap for implementation of the TFA by all Members is now complete.  
7.9.  The Director -General  delivered the following statement:  
7.10.   The Aid for Trade initiative has played a very important part in helping build tra de related 
infrastructure and supply side capacity, but it's also time to update and modernize the initiative.  
7.11.   I felt that this message emerged strongly from 8th Global Review of Aid for Trade which was 
held in late July. There is a clear desire that is a lready translating into action to move global initiatives 
towards sustainable development models of growth and trade. Models that are inclusive, sustainable 
and that capture the economic diversification possibilities offered by both green and digital 
techn ologies.  
7.12.   This message was again echoed at last week's Public Forum event. I feel we have an 
opportunity to capture these new insights in a new Aid -for-Trade Work Programme. More than that 
I think we also have an opportunity to recast and reinvigorate the great work undertaken through 
this Initiative.  
7.13.   As I stated at the opening session of the Global Review, I think it's time to move to an Invest 
for Trade approach. Let me be clear. Aid remains indispensable, in particular for the least developed 
countries – a fact recognized in the MC12 Outcome Document. But aid will only get us part of the 
way that we need to go in the journey to sustainable development.  WT/GC/M/201  
 
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  7.14.   Official development assistance needs to work in tandem with and mobilize other sources of 
finance. Clearly, one part of the solution is international investment flows. Helping to mobilize 
investment is something that donor and south -south partners approaches are already doing.  
7.15.   Add to that we have public funds that are coming onstream in the form  of climate finance and 
financial sector initiatives such as the Glasgow Financial Alliance for Net Zero. And there is also a 
growing stock of private financing chasing "environmental, social and governance" returns.  
7.16.   If we put these elements together, it i s clear to me that a repositioning of the Initiative is 
needed. A realignment that ensures that we capture the opportunities for sustainable trade and 
export diversification.  
7.17.   Another point to make here is that moving to an "invest for trade" approach recog nizes that 
developing countries are of course the authors of their own development. Ownership of the 
development process by developing countries is of course an essential starting point.  
7.18.   To me, this change in the narrative is empowering and inclusive, bot h themes that should of 
course appear in the new Work Programme. And ranking highly either as a donor, south -south 
partner or recipient of "invest" for trade flows seems more meaningful as a measure than a purely 
aid-based calculus.  
7.19.   These are a few of my r eflections. Of course, you the Members are in the driving seat to set 
the new course for the next biennium of Aid -for-Trade activities.  
7.20.   I understand that the Committee on Trade and Development will meet on Monday and 
Tuesday next week.  
a. On Monday to partic ipate in a workshop on maximizing the economic diversification impact 
of Aid for Trade. A theme that squares well with my perspectives.  
b. And on Tuesday in formal session under the stewardship of Ambassador Canabady to 
consider how to take the work under th is important initiative forward. I understand that 
DDG Zhang will address the meeting on my behalf to elaborate these perspectives further.  
7.21.    I do hope that you will seize the opportunity to provide a sound future basis for this much 
needed Initiative. I wa nt to see it continue to deliver the excellent work that we saw this summer. 
The Heads of multilateral organization would like to continue in this regard as well. Let us see how 
we can change the narrative in this good initiative.  
7.22.   The representative of India delivered the following statement:  
7.23.   First, let me touch upon the public stock holding issue which you have referred and all of us 
know that in the recently concluded MC12 we have inked some landmark decisions. The intent and 
spirit behind these decisions  reach their finality only when they are formally and effectively brought 
into effect. It has been nine years since the Ministers provided the Bali decision on the Permanent 
Solution to PSH. It is said, in the WTO, that the gestation period for any decisio n is pretty long, even 
with that reference nine years is a substantial period, even by WTO standards, but the permanent 
solution to the Public Stockholding is still to find its finality. So, we need to reflect that whether we 
should be only happy passing t he decision and celebrate MC12 decisions, or some of these decisions 
will fall to the same prey after nine years. A few attempts are being made in the WTO which we see 
in various configuration and format, to find newer ways to carry the discussion on Agric ulture 
forward. While we welcome such efforts, we would also like to strike a word of caution to the 
proponents of newer ways that by resetting the existing mandate, the slate will not only be clean, 
we will end up losing our credibility too.  
7.24.   The food secu rity of communities, societies and nations was never more critical than now. 
Any new approach that does not consider the centrality of existing mandate on permanent solution 
to public stockholding to the agriculture negotiation, I am afraid cannot go far. Some Members have 
said that PSH is one of the solutions to ensure food security and is not the only solution. We 
completely agree with this, and we never said that it is the only solution. We never said it was the WT/GC/M/201  
 
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  only solution, in the same breath, we are also saying free trade without supply side augmentation 
is not the only solution for food security and free trade without supply side augmentation is one of 
the solutions. If one were to push this argument further, we would like to say there is enough 
evidence for those who wish for an evidence -based discussion that how public stockholding 
programme has avoided starvation and provided to the needy and the vulnerable during crisis at 
least in my country. Can the proponent of trade for food security provide s imilar evidence?  
7.25.   In fact, during the past two year's crisis, PSH had successfully provided food to the entire 
Indian population and its neighbours, but free trade has failed to do that. The major agriculture 
exporters and selective proponents of free trad e in agriculture products have failed miserably to rise 
to the occasion and meet the challenges of food security in the current crisis. The design and 
implementation of PSH in India have helped India maintain food security for 1.4 bn Indian people 
during a  crisis period of the last two years particularly, and also helped those in need who have 
approached India for bilateral support for food security. Therefore, rather than a theoretical debate, 
we may acknowledge a successful model and help Members implemen t their respective successful 
models without creating unnecessary barriers and pushing them into lengthy debates for ten years. 
Finally, from now on, we should first address the mandated issues on priority before the other 
elements of Agriculture are taken  up. In fact, we should find the solution to the Ministerial mandated 
issues of PSH and SSM and adopt them at the General Council level, as we did in 2014, instead of 
waiting for the next Ministerial Conference.  
7.26.   Chair, you mentioned in your remarks under t his agenda item, regarding a Member who has 
notified under the Bali Decision and a group of Members who have approached that Member for 
consultation. I am pleasantly surprised that this issue finds its way into the General Council debate. 
For transparency,  let me take some time to explain this because the Member that notified was India. 
We have depicted transparently that in the case of rice, we have exceeded the de minimis level and 
as per Bali Decision, we have transparently notified this in the Committee  on Agriculture. To our 
surprise, the same Agriculture sector or agriculture vertical, has not given its report in the General 
Council on what has happened to the decision on permanent solution. So, it is an interesting scenario 
where we have selective rep orting on a Member who has notified based on Bali decision. Few 
Members have tried to consult us, but because of dispute in the nature of format this has not taken 
place. Now, let me throw some light on the debate and confusion on this discussion if I reca ll correctly 
in the month of May, there was a combined letter from a group of seven Members, dated 7 May 
which was received by us on 13 May, seeking consultation under paragraph six of the Bali decision 
which we are talking about. Immediately after receivi ng this, we proposed consultation on 27 May. 
However, due to the upcoming Ministerial Conference the group of Members refused to engage on 
that date.  
7.27.   After that, it is interesting that the Member which has been asked for consultations is ready 
to consult and to discuss, but the group of Members seeking consultations are not willing to engage 
bilaterally. I do not understand the hesitancy to consult bilaterally and insistence on consultations 
in a group format. The Bali Decision has not given a format of co nsultation and in the WTO, it is the 
first time that Members are not interested in bilateral discussions to resolve a problem. So, 
sometimes I wonder if this is all just a façade to show something back home while actually these 
Members are not interested i n finding a solution. We insisted on bilateral interaction because these 
group of 7, joined by another two Members, so nine in total, and I was told from the floor one more 
supported this but is yet to sign that letter – so, 10 developed and developing Mem bers, which are 
both food exporting and food importing – will have different sets of questions. So, insisting on 
consultations only in a group format is beyond our comprehension. I would like some more clarity 
from the Members in this august house regardin g their problem in discussing the issue bilaterally. I 
thank the Chair for raising this issue in the General Council.  
7.28.   The representative of Cambodia  delivered the following statement:  
7.29.   We welcome the implementation of MC12 outcomes and of past outcomes from  Bali, Nairobi 
and Buenos Aires. The Ministers' instructions to further review, promote and implement past 
decisions in favour of the LDCs are indications that those decisions are not yet fully utilized to the 
benefit of the LDCs. Specifically, while we ac knowledge the decision reached at the Committee on 
Rules of Origin on 14 April 2022 (G/RO/95) on Preferential Rules of Origin is a step in the right 
direction to improve ease of market access for the LDCs, other decisions such as the LDC Services 
Waiver an d the DFQF preferential market access for LDCs are yet to be fully operationalized and WT/GC/M/201  
 
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  implemented. Therefore, we would like to emphasize that upcoming review and promotion of 
decisions in favour of LDCs from past Ministerials should be done in a manner to  facilitate LDCs to 
use these decisions as tools for their benefit as befitting their intended purposes.  
7.30.   The representative of the European Union  delivered the following statement:  
7.31.   On the Nairobi Decision on export competition, the European Union underline s the importance 
of respecting the Nairobi decision, which is even more relevant in the current food security crisis. 
On the Bali Ministerial Decision on Tariff Rate Quota Administration, we welcome the adoption at the 
last meeting of the Committee on Agri culture, on 14 -15 September, of the Tracking Register as 
proposed at that meeting. The European Union welcomes as well the first triennial review of the 
operation of the Bali TRQ Decision and hopes that the Membership will approach it with pragmatism. 
We w ill also continue to contribute successfully to the work stream dedicated to the implementation 
of the Bali Ministerial Decision on the tariff rate quota administration.  
7.32.   The representative of South Africa  delivered the following statement:  
7.33.   From a food secu rity perspective, we are facing rising food inflation and increases in prices of 
inputs such as fertilizers. In fact, the latest WTO report shows that, year on year, food prices were 
up 11%, grain prices were up 15% and fertilizer prices were up 60%. This requires that we fast 
track the implementation of previous Ministerial decisions that can provide Members with policy tools 
to promote food security. In particular, we need to conclude the outstanding work on disciplines on 
the trade distorting domestic su pport, permanent solution on PSH, disciplines on cotton and SSM. 
The retreat that used to be organized on 24 October is a start, but we need to sustain the discussion 
towards a food security and livelihoods package. The longstanding G -90 proposals also req uire 
serious reflection on what can be done to support developing country Members to promote 
sustainable and inclusive economic development and recovery. The multiple crises which currently 
affect disproportionately developing ones require that we continue  to have the development mandate 
underpin the work of the WTO. We hope we can deliver on the outstanding issues on development.  
7.34.   The representative of Cameroon , on behalf of the African Group , delivered the following 
statement:  
7.35.   We regret that at MC12 , a per manent solution could not be found on PSH for all developing 
and LDC Members.  African countries are especially vulnerable to the growing challenges of food 
security. That is why we need a permanent solution to be set up on PSH  – one which effectively 
suppo rts national producers. This is an important topic. Our Group stands ready to work with all 
Members in this vein. We would like to thank those Members who have expressed their willingness 
to work with us and we call on others to join up to improve global f ood security rules.  
7.36.   The representative of Australia  delivered the following statement:  
7.37.   The EU spoke well on behalf of those engaged in the Committee on Agriculture. I will not go 
into detail on the question of engaging with the Member in relation to consul tations on de minimis 
limits for PSH programs on rice. It is clear however that there is an appetite for solutions on domestic 
support for public stockholding. There is also an appetite for broader solutions on domestic support 
dating back 22 years. This a ppetite remains unfulfilled. It is important we recall that domestic 
support for public stockholding is a permitted form of domestic support under the Agreement on 
Agriculture. None of us are against progress in this area, but it is important to recognise there are 
important safeguards in the Agreement that apply to domestic support. Beyond that, as South Africa 
just pointed out, there is a need to make progress on disciplines on both domestic support and 
domestic support for PSH. We have long said we are w illing to continue efforts on both fronts. What 
we learnt at MC12 was that negotiations on domestic support, and domestic support for public 
stockholding, cannot be done in isolation. We again reiterate – as we did before MC12 several times 
- that we are w illing to discuss these issues as long as it is understood both issues must be addressed 
together, and long as it is understood that relevant safeguards are also required, just as they are 
presently under the Agreement on Agriculture. Progress on domestic support disciplines will be 
important for our future food security and sustainability objectives.  WT/GC/M/201  
 
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  7.38.   The representative of Indonesia  delivered the following statement:  
7.39.   On this Agenda item, Indonesia is of the view that we need to continue in maintaining and 
advancing the existing Ministerial mandates. It is important that we are not be neglectful of our 
existing homework in implementing the outcomes from Bali and Nairobi. Indonesia remains 
committed to implement the Ministerial mandates and wo uld like to reiterate our priority in delivering 
on mandated issues in agriculture towards a permanent solution on PSH as well as a comprehensive 
and balance outcome on SSM. While we are aware of new challenges and are open to new ideas, 
Indonesia believes  that as Members of a rules -based organization, we must adhere to mandates 
that we have agreed on by consensus. An initiative to take stock of new and fresh ideas is welcomed, 
but we should not start from scratch and ignore existing mandates. Agriculture r eform is indeed 
urgently needed to create a fair and balance discipline that addresses current challenges and their 
impacts on food security and livelihood security.  
7.40.   The representative of Pakistan  delivered the following statement:  
7.41.   Pakistan would like to r ecall our previous statements under this item, and to draw attention 
to the lacklustre implementation record of previous Ministerial outcomes. The development mandate 
remains critical in efforts to promote sustainable economic recovery. In order for the sy stem to 
function, it has to address and respond to issues of concern especially to the majority of its Members. 
As mentioned earlier, we urge you, Chair, to build a mechanism within the existing framework where 
unfulfilled mandates and unimplemented decisi ons of the past are not only highlighted but 
considered for rapid implementation through this council. I would like to briefly touch upon two Bali 
Ministerial Decisions. Firstly, it mandated a permanent solution to public stockholding with a clear 
timeline  of next MC. Some members said yesterday and today about taking small steps in the right 
direction instead of ambitious giant leaps, just the way we did in fisheries subsidies agreement. We 
feel that delinking of discussion on permanent and a nontrade -distortive solution to PSH from other 
pillars is a small step in the right direction.  Secondly, The Trade Negotiation Committee was tasked 
at Bali to work on the outstanding issues of Doha Development Agenda particularly on agriculture, 
development, S&DT as w ell as LDC issues. That outstanding work still stands out as key 
disappointments and expression of inability to implement agreed decisions and mandates. Delivery 
on these issues could clear doubts and restore credibility of the system. 'Development' must r emain 
the cornerstone of our efforts to enhance trade and implement WTO rules.  
7.42.   The representative of Djibouti , on behalf of the LDCs , provided the following statement:  
7.43.   The LDC Group reiterates its intervention at the last General Council meeting in July. W e look 
forward to the necessary process in the relevant bodies to carry out the instructions from Ministers 
in the MC12 Outcome Document paragraph 8.  
7.44.   The General Council took note  of the statements.  
8  WORK PROGRAMME ON SMALL ECONOMIES – REPORT BY THE CHAIR OF THE 
DEDICATED SESSION OF THE COMMITTEE ON TRADE AND DEVELOPMENT  
8.1.  The Chair recalled that, in line with the agreement in the General Council in 2002, the Work 
Programme on Small Economies was a standing item on the agenda and the Committee on Trade 
and Development reported regularly on the progress of work in its Dedicated Sessions. At MC12, 
Ministers had reaffirmed their commitment to the Work Programme and had instructed the CTD to 
continue its work in Dedicated Sessions under the overall responsib ility of the General Council. In 
this respect, the Chair of the CTD provided regular progress reports of the ongoing work in each 
regular meeting of the General Council.  
8.2.  Ambassador Usha Chandnee Dwarka -Canabady (Mauritius), Chair of the Committee on Trade 
and Development , delivered the following statement:  
8.3.  Let me start by recalling the Decision taken by Ministers at MC12 on the Work Programme on 
Small Economies, which is found in documents WT/MIN(22)/25 and WT/L/1136. The Ministerial 
Decision contains, inte r alia, a reaffirmation of Members' commitment at Ministerial level to the Work 
Programme on Small Economies. Note is taken of all the work conducted to date, and the CTD is WT/GC/M/201  
 
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  instructed to continue its work in the Dedicated Session on Small Economies under the overall 
responsibility of the General Council. The Dedicated Session is to continue monitoring the progress 
of the small economy proposals in WTO bodies and in negotiating groups with the aim of providing 
responses, as soon as possible, to the trade -related issues identified for the fuller integration of SVEs 
into the multilateral trading system. In terms of future work in the Dedicated Session, the Decision 
instructs the WTO Secretariat to provide relevant information and factual analysis for discussio n 
among Members on the topic of "integrating small economies into the post COVID -19 economy: 
effects of the pandemic, challenges and opportunities."  
8.4.  As I previously reported, the Dedicated Session agreed earlier this year on an outline for a 
Secretariat pa per on this mandated topic. The Secretariat document, which will be substantive and 
statistical in nature, will form the basis for the discussions that will take place in the Dedicated 
Session.  I recently met with the Secretariat on this matter, and was in formed that work on the paper 
is progressing well, on the basis of the most recent statistics available. Once the Secretariat 
document has been finalized and circulated, a meeting of the Dedicated Session will be convened, 
so that Members can begin their d iscussion on the important topic of integrating small economies 
into the post COVID -19 economy. Let me close by encouraging all Members to participate actively 
in the discussions that will take place in the Dedicated Session. I also take this opportunity t o once 
again call on all Members to continue to engage in order to frame responses to the trade -related 
issues identified for the fuller integration of SVEs into the multilateral trading system.  
8.5.  The representative of Guatemala , on behalf of the SVEs , deliv ered the following statement:  
8.6.  Before turning to the substance of the SVEs intervention, we would like to express our 
disappointment after observing that, contrary to well -established practice, this agenda item has 
been moved almost to the end of the meetin g. Traditionally, the discussion on the Work Programme 
on Small Economies has been placed as the third or fourth agenda item. The Work Programme on 
Small Economies, and the Ministerial Decision that reaffirms its mandate, are important outcomes 
of the twel fth Ministerial Conference. Thus, these issues are better placed after the agenda item on 
"implementation matters from MC12 " (i.e., the agenda item 2 of this General Council's meeting). In 
this regard, on behalf of the 32 Delegations that conform the SVEs Group, we respectfully request 
to you, Mr. Chairperson, to maintain this issue of the agenda after the agenda item dealing with the 
implementation matters from MC12. Turning to the agenda item at issue, the SVEs Group would like 
to thank the Committee on T rade and Development Chairperson for her report on the Work 
Programme on Small Economies, to which I will simply refer at this meeting today as the "Work 
Programme ". As I have already mentioned, the Ministerial Decision on the Work Programme is an 
importan t outcome of the 12th Ministerial Conference. Ministers have reaffirmed their commitment 
to the Work Programme and mandated further work, this time on the topic: "Integrating small 
economies into the post COVID 19 economy: effects of the pandemic, challeng es and opportunities."  
8.7.  The SVEs Group would also like to thank the Chair of the CTD Committee for her report on the 
progress of the Secretariat's background note that will serve as the basis for the discussions. During 
our exchanges with the experts from t he Economic Research and Statistics Division, we learned that 
the International Trade Statistics Section that would undertake the study is currently understaffed. 
This situation is hindering the capacity of that Division to implement a mandate derived from  the 
Ministerial Conference and undertake the study on the Work Programme. The SVEs Group would like 
to thank the team from the International Trade Statistics Section who, despite their limited human 
resources available, are making every effort to deliver.  We appreciate their dedication. We take this 
opportunity to highlight the importance of the analytical and substantive work that is being 
performed by the WTO Secretariat, particularly for the Small and Vulnerable Economies, and the 
need to strengthen the  Substantive Divisions that provide services to Members, to support the 
implementation of WTO Agreements and provide facts and evidence to underpin negotiations.  
8.8.  The representative of Sri Lanka  delivered the following statement:  
8.9.  My delegation would like to  align itself with the statement made by the delegation of Guatemala 
on behalf of the SVE Group. The report highlighted precisely the work being carried out relating to 
small economies. We have been having discussions at dedicated session of the CTD on num erous 
challenges and difficulties that small economies have to face including challenges relating to reducing 
trade costs, particularly in the area of trade facilitation; challenges in attracting investments; 
challenges emanating from economic and trade im pact due to natural disasters. Small and WT/GC/M/201  
 
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  vulnerable developing economies such as Sri Lanka are currently facing numerous other specific 
challenges also. These small economies have inherent issues such as lack of product diversification, 
lack of economies o f scale, difficulties in improving productive capacity and competitiveness. 
Therefore, our future work may take these challenges also into consideration. At MC12, our Ministers 
have reaffirmed their commitment to the Work Programme on Small Economies and m andated 
further work, this time on the topic: "Integrating small economies into the post COVID 19 economy: 
effects of the pandemic, challenges and opportunities". In this regard, we believe that the Secretariat 
has a significant role to play by compiling n ecessary reports and statistics. Therefore, as indicated 
by the delegation of Guatemala as SVE coordinator, my delegation also would like to highlight that 
statistics division and its international trade statistics section need to be strengthened with suff icient 
human resources to allow them to continue with the valuable analytical and substantive work, 
particularly for the Small and Vulnerable Economies. Having said that, my delegation highly 
appreciates the services extended by the Secretariate so far wit h all difficulties.  
8.10.   The representative of Cameroon , on behalf of the African Group , delivered the following 
statement:  
8.11.   We take note of the report, and we commend the Chair for his tireless efforts which led to an 
outcome in this area at MC12. We are on the  view that the multilateral trading system and the 
rule-making function of the WTO should continue to take account of the special needs and realities 
of all Members. We welcome the Work Programme on small economies, and we remain committed 
to engage positi vely and constructively in the CTD to advance discussions on this very important 
topic.  
8.12.   The representative of Samoa , on behalf of the Pacific Group , delivered the following 
statement:  
8.13.   On behalf of the Pacific Islands Group, I thank the Chair of the CTD for  her report and we 
align with the ACP statement by Kenya and SVE statement by Guatemala. SVEs face unique including 
structural challenges that inhibit our ability to integrate into the multilateral trading system and 
share the development benefits and the efficiency of trade. These challenges are compounded by 
climate change and frequent natural disasters, specifically for Small Island Developing States. The 
impacts of COVID -19 and the spiralling global food and fuel prices have far reaching impacts on our 
recovery and rebuilding efforts. The SVE work programme must produce tangible results. The SVE 
programme should not be just another programme intended to be extended at every Ministerial 
Conference without any tangible results. We must focus on the mandate  of framing responses for 
the fuller integration of small, vulnerable economies, into the multilateral trading system as required 
by Paragraph 35 of the Doha Agenda and the MC12 decision. We therefore urge Members to engage 
in good faith, constructively an d with genuine intentions to implement meaningful responses to truly 
integrating SVEs into the multilateral trading system.  
8.14.   The Pacific Islands Group supports the revised proposal by the LDC Group on the Trade 
Related Challenges of Least Developed Countrie s, for a WTO smooth transition package for 
graduated LDCs. When Samoa graduated from LDC status in 2014, the preferential market access 
our small exports enjoyed were withdrawn by some of our trade partners immediately. We recognize 
the EU's Everything But  Arms initiative that afforded us 3 years transition period. The removal of 
international support measures such as the withdrawal of trade preferences, aid for trade support 
through the Enhanced Integrated Framework for LDCs and concessional financing, com bined with 
the impact of COVID -19, the current food and fuel price inflation, all impact the national income, 
vulnerability and human resources. These are the very factors used to assess and determine the 
graduation of Least Developed Countries. We encoura ge the WTO to spearhead and lead in putting 
in place international disciplines and good practice to ensure graduating LDCs have access to longer 
and standardised transition period to phase out international support measures and adopt new 
economic managemen t approach to facilitate the transition to more efficient economies.  
8.15.   The representative of Kenya , on behalf of the ACP , delivered the following statement:  
8.16.   The ACP Group underscores the importance of the MC12 Decision on the small economies 
Work Programme, as well as the work of the Dedicated Session of the Committee on Trade and 
Development. We look forward to continuing our discussions in the CTD 's dedicated sessions on 
small economies with a view to making meaningful progress with the work prog ramme. The WT/GC/M/201  
 
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  COVID -19 pandemic, as well as the prevailing geopolitical situation have had a significant impact on 
the economic activities and trade performance of small economies. Hence, we should revitali ze 
discussions on how best small economies can surmou nt the prevailing challenges towards fuller 
integration in the multilateral trading system.  
8.17.   The representative of  Jamaica , on behalf of CARICOM , delivered the following statement:  
8.18.   The CARICOM Group is committed to advancing the Ministerial Decision on the Small 
Economies Work Programme which emanated at MC12. We agree with the assessment of the CTD 
Chair, at the meeting on 23rd September 2022, that we should use the success of MC12 as impetus 
to work together and find common ground on the issue of special and differential treatment for 
developing countries. We also join her call for "renewed political will " to take our work forward. As 
Small Vulnerable Economies and Small Island Deve loping States, Members of the CARICOM Group 
are among a subset of WTO Members which are on the frontline of the climate catastrophe. We are 
also more severely impacted by certain exogenous shocks, such as disruptions to global supply 
chains, food and energ y insecurity and pandemics as continues to be the case with COVID -19. We 
certainly look forward to meaningful discussions in the CTD Dedicated Session on these challenges, 
among others, which continue to impact on us in unique ways. The CARICOM Group also calls for 
open, fair, and constructive engagement on the G -90 proposals on S&DT. The unfavourable global 
environment which we are all confronted with confirms that developing countries and LDCs need 
more policy space and access to developmental support, no t less. The CARICOM Group is open to 
constructive engagement on all matters brought forward to the CTD Dedicated Session, including 
moving forward with the MC12 Ministerial Decision on the Work Programme on Small Economies. 
We further call for dedicated di scussion among Members on establishing parameters for our work.  
8.19.   The representative of Antigua and Barbuda , on behalf of the OECS , delivered the following 
statement:  
8.20.   We associate with the statements made by CARICOM, the SVEs and the ACP. We  thank the 
CTD Chair for her report and for her stewardship of this very important  work. The OECS welcomes 
the decision taken by Ministers at MC12 to instruct the CTD to continue its work in the Dedicated 
Session on Small Economies under the overall responsibility of the G eneral Council.  We look forward 
to the convening of discussions in the CTD in Dedicated Session on integrating small economies into 
the post COVID -19 economy : effects of the pandemic, challenges and opportunities remain 
fundamental for us particularly as w e continue to experience the lingering effects of the pandemic 
on our health systems, on our important sectors such as tourism, on our food security as well as on 
supply chains. We also look forward to meaningful engagement across the entire Membership on the 
G90 proposals on special and differential treatment.  We are currently experiencing a perfect storm 
of global uncertainty, stemming from the climate crises, geopolitics, inflationary pressures and 
recessions. These have a disproportionate impact on deve loping and LDC Members and small and 
vulnerable economies. We also look forward to analy zing these in the context of our work and to 
discuss with Members how we can use the multilateral trading system to address these kinds of 
challenges which confront us.  The OECS believes that the current state of affairs of the world provide 
the context for us to revisit the S &DT architecture for developing and LDC  Members and to determine 
what more can be done to further integrate them into the global economy and tradin g system.  
8.21.   The representative of Ecuador  delivered the following statement:  
8.22.   Ecuador joins those who have also joined Guatemala's statement on behalf of the SVEs. Those 
delegations that have taken the floor have spoken clearly about the specific circumstance s faced by 
our economies and on the need to work together in line with the Ministerial  Conference. We welcome 
the Work Programme and the Secretariat's efforts to provide us with data and statistics that will 
help us move forward and to structure our discus sions to arrive at a meaningful outcome . Our next 
challenge  is integrating SVEs and ensuring that they improve their interaction with the multilateral 
trading system notably in the post -pandemic period.  
8.23.   The General Council took note  of the statements.  WT/GC/M/201  
 
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  9  WTO PENSION PLAN  
9.1  Annual Report and Financial Statements for the year ending 31  December  2021 
(WT/BFA/W/597 - WT/L/1150)  
9.2  Report of the Independent External Auditor on the Audit of the Financial Statements 
of the World Trade Organization Pension Plan (W TOPP ) for the year ended 
31 December  2021 (W T/BFA/W/596 - WT/L/1149)  
9.1.  The Chair, on behalf of  Mr. Jean -Marc Van Dril  (Switzerland), Chair of  the WTOPP Management 
Board Chair , delivered the following statement:  
9.2.  I am pleased to present to the General Council the 202 1 Report of the External Auditor and the 
2021 Annual Report of the WTO Pension Plan. These documents have been circulated on 22 August 
and bear the numbers WT/L/1149 and WT/L/1150. They cover the period from 1st January to 
31 December  2021, and have been p repared in accordance with Article 5 of the Regulations of the 
Plan for presentation to the General Council and to the Pension Plan participants. Following a 
previous suggestion from the external auditors to ensure Members' engagement on long -term 
liabilit ies, both reports have already been presented to the CBFA at its meeting in September.  
9.3.  On the report of the external auditor: while accepting the 2021 financial statements with an 
unqualified opinion, the External Auditors issued 2 recommendations. The fir st is to clarify how the 
Management Board defines the "long term balance of the Pension Plan " and to set a deadline for the 
achievement of the balance. The second is to communicate to staff and retirees the information 
produced by both the actuary of the W TO and of the Pension Plan. This will be looked into by the 
Management Board in the next months.  
9.4.  Turning to the 2021 Annual report, the Pension Plan's investment strategy delivered a nominal 
rate of return of 11.3% at end -2021, which is above the target of  3.8% nominal rate of return used 
in the actuarial assumptions for that year. Over, the last five years, the Plan's portfolio generated 
an average annual nominal return of +6.5%. However, markets have behaved and are behaving 
very differently in 2022, and today, all the gains of 2021 have been erased.  
9.5.  Let me here underline once again that variations in returns are normal, with years above and 
years below the target. Despite the good performances in 2021, prospects for investors will remain 
challenging in th e near future. Disruptions in the energy markets - and their potential to spill over 
into economic slowdown, as well as the rapid and sharp tightening of interest rates impact 
significantly the overall economic environment and generate volatility.  
9.6.  It is important to note that this kind of market price volatility says nothing about the underlying 
economic value of the assets, but does impact the expected yields on those assets when expressed 
as future expected returns. Negative market returns one year typic ally lead to higher expected 
returns in future years.  
9.7.  However, the WTO Pension Plan is a long -term investor. Its strategy is designed to make use 
of the opportunities provided by market downturns, by purchasing at attractive prices assets that 
hold the po tential for more sustained, even if modest, returns. For example, yields on fixed income 
investments have recently become much more attractive  
9.8.  On actuarial matters, the completion of the last full actuarial valuation revealed an important 
actuarial defici t. Major trends leading to this actuarial deficit are demographic and economic factors. 
Continued improvement of life expectancy increases the liabilities of the plan. Certain economic 
factors have made it harder to reach the plan's long -term profitability  target, thereby affecting the 
evolution of the asset base of the Plan.  
9.9.  Immediately after the adoption of the full valuation report, the Management Board informed in 
March the CBFA and WTO staff and retirees about this deficit. Since then, the Board has w orked 
diligently and at an intense pace to build up a reform proposal that addresses the actuarial deficit. 
While our work is quite advanced, the Board still needs some room to finalize a reform proposal that 
is both meaningful and balanced.  WT/GC/M/201  
 
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  9.10.   Let me here h ighlight that the Pension Plan is the sole pension scheme Staff are entitled to; 
this is generally the case for staff of International Organi zation. The WTO Pension Plan also provides 
for benefits in case of disability. Indeed, employees of international o rganizations have no access to 
any local social security insurances such as unemployment or disability benefits.  
9.11.   During 2022, 3 Members were appointed by this Council and 1 member by the DG to fill 
vacancies on the Board. Let me underline that the Manageme nt Board remains committed to full 
engagement in ensuring the continued good governance of the WTO Pension Plan and its long -term 
sustainability. In that regard, the Management Board will work through the CBFA by consulting on 
potential reform measures. I would like to conclude by acknowledging the excellent work of the 
Plan's Secretary and his team, ensuring the daily operations of the plans and providing the necessary 
support for the Board to perform its duties.  
9.12.   The representative of the United States  delivered the following statement:  
9.13.   We want to commend the pension management for receiving an unqualified endorsement of 
the financial statements for 2021 from the external auditors. The long -term sustainability of the 
WTO pension plan remains a priority for the United States, and we acknowledge that its current 
financial situation is troubling and changes need to be made to remedy the significant challenges 
that lie ahead. Sustainability of the pension plan is a factor we will have to carefully consider a s we 
evaluate how best to utilize the finite resources that our taxpayers have allocated for this 
organization and this particularly in light of the parallel request that has been made for an increase 
in Members ' contributions for two other reasons.  
9.14.   The Ge neral Council took note  of the  WTOPP Chair's statement, of the  Annual Report 
contained in WT/BFA/W/597 - WT/L/1150, of the Report contained in WT/BFA/W/596 - WT/L/1149  
and of the other statements.  
10  OTHER BUSINESS  
10.1  Statement by the Chair in connection with Ad ministrative Measures for Members in 
Arrears  
10.1.   The Chair , speaking under Other Business , recalled that t he General Council Procedures for 
Members and Observers subject to Administrative Measures in WT/BFA/132 require d that, at the 
end of each meeting of the General Council, the Chair of the Committee on Budget, Finance and 
Administration w ould provide information with regard to which Members and Observers are under 
Administrative Measures.  
10.2.   Ambassador Bettina Waldmann  (Germany ), Chair of the Committee on Budget, Finance and 
Administration , delivered the following statement9: 
10.3.   The Administrative Measures applicable to Members and Observers in arrears have been in 
place since 1 March 2013. Administrative Measures are detai led in Annex B of the Financial 
Regulations as contained in document WT/L/156/Rev.3.  In accordance with a decision previously 
taken by the General Council, I shall state all Members and Observers under all categories of 
administrative measures.  There have been no changes to the report I delivered at the General 
Council meeting on 25 July. Therefore, as of today, 7 October 2022, there still are a total of 
19 Members and 10 Observers subject to Administrative Measures.  
10.4.   The following eight Members are currentl y in Category I: Plurinational State of Bolivia; Cabo 
Verde; Cuba; Dominica; El Salvador; Rwanda; Uganda; and Zambia.  The following five Members are 
in Category II: Antigua and Barbuda; Djibouti; Mauritania; Papua New Guinea; and Yemen.  The 
following six M embers are in Category III: Burundi; Central African Republic; Chad; Guinea; 
Guinea -Bissau; and Bolivarian Republic of  Venezuela . Burundi; Central African Republic; Chad; and 
Guinea -Bissau are not compliant with payment plan terms.  The following four Obser vers are in 
Category I: Comoros; Ethiopia; Lebanese Republic; and South Sudan.  The following two Observers 
 
9 The CBFA Chair's statement was subseq uently circulated in document JOB/GC/322.  WT/GC/M/201  
 
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  are in Category II: Iran and Iraq.  There are also four Observers in Category III: Libya; Sao Tomé 
and Principe; Somalia; and Syria.  
10.5.   The Chair noted t hat, as also required by the General Council Procedures, he request ed 
Members and Observers in Categories II and III of the Measures to inform the Secretariat as to 
when their payment of arrears may be expected.  
10.6.   The General Council took note  of the statem ents. 
 
_______________  
  WT/GC/M/201  
 
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  ANNEX 1  
ADDRESS DELIVERED BY H.E. MR. LUC MAGLOIRE MBARGA ATANGANA , MINISTER OF 
COMMERCE OF CAMEROON , TO THE GENERAL COUNCIL  
 
Honourable Ministers,  
Ambassador Didier Chambovey, Chair of the General Council,  
Dr Ngozi Okonjo -Iweala, Director -General of the WTO,  
Distinguished Ambassadors,  
Distinguished delegates,  
 
I am especially pleased to be taking the floor on this occasion when our Organization's General 
Council is meeting only a few months after the spectacular and  resounding success of the 12th 
Ministerial Conference (MC12).  
 
MC12 will be remembered as a historic conference, when the WTO showed the world its ability to 
respond to the challenges of our time with impressive results never before achieved at such a 
conference.  
 
All Member States should welcome and maintain this new direction.  
 
This is an opportunity for me, on behalf of the State of Cameroon, to offer my special congratulations 
once again to the Director -General, Dr Ngozi Okonjo -Iweala, the driver behind this high powered 
and unprecedented performance. Our hope is that her unparalleled energy, great wisdom and rich 
experience continue to serve our organization for a long time to come and lead us to ever greater 
triumphs.  
 
Excellencies, distinguished  delegates,  
 
After these frankly galvanizing and promising results, I wanted to talk to you this morning about the 
upcoming meetings that await us and call for our attention. The first of these is the 13th Ministerial 
Conference, which Cameroon is offering  to host on behalf of Africa.  
 
At the outset, I am pleased to recall that Cameroon was one of the original Members of the WTO. 
As a GATT member since 3 May 1963 (shortly after it gained independence on 1 January 1960), 
Cameroon has participated in all roun ds of negotiations, including the process that resulted in the 
creation of the WTO on 1 January 1995.  
 
Your humble servant speaking to you today has, since the 3rd Ministerial Conference held in Seattle 
in December 1999, taken part in almost all high -level events and meetings of our Organization, as 
well as various panels of both GATT and the WTO.  
 
In other words, Excellencies and distinguished delegates, our Organization and Cameroon enjoy a 
close relationship. You now have a better understanding of the un derlying and objective reasons 
behind Cameroon's application to host MC13. Our candidacy was announced on 25 November 2021 
and was immediately and quite naturally endorsed by the African Union.  
 
For Africa, this welcome initiative to hold the 13th Minister ial Conference on its soil will have a 
positive impact on the African Union's Agenda 2063 and accelerate the implementation of the African 
Continental Free Trade Area (AfCFTA) integration project.  
 
Excellencies, distinguished delegates,  
 
Need I take the ti mely opportunity presented by this General Council meeting to remind you once 
again of Cameroon's long -standing commitment to multilateralism in world trade and the market 
economy? In this vein, I would like to say here, solemnly, loudly and clearly for al l to hear, that 
Cameroon, under the leadership of the President of the Republic, Paul Biya, is committed and 
determined to contribute, in an effective manner, to the swift and successful conclusion of the 
various negotiations under way on issues such as ag riculture, e -commerce and WTO reform.  WT/GC/M/201  
 
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  If there is a strong certainty, and one in which Cameroon has a cast -iron belief, it is that holding 
MC13 in Africa, the cradle of the WTO through the Marrakesh Agreement, is entirely in keeping with 
the momentum crea ted by MC12 and will offer our organization a shining future by reforming the 
multilateral trading system. Africa's secret weapon is that it is the land of consensus par excellence.  
 
For all these reasons, Cameroon has applied to host the 13th Ministerial Conference, which should 
be a turning point in the right direction.  
 
Cameroon is clearly no paradise, if ever there was paradise on Earth. What is certain is that the 
political will and determination are there. What is equally certain is that Cameroon has  operational, 
modern and efficient infrastructure.  
 
A WTO inspection mission has just visited Cameroon for this purpose, as per the Organization's 
standard practice. I am confident that the mission's report will bear out the comments I have just 
made conc erning Cameroon's capacity to host MC13 in a manner that befits it and in strict 
compliance with the rules in areas such as infrastructure, security, protocols, tourism and culture.  
 
This will not be a first. Cameroon has long, solid and rich experience in organizing major international 
events, be they diplomatic, political, economic, sporting or cultural. The seamless hosting of an 
Assembly of Heads of State and Government of what was then the Organization of African Unity, a 
France -Africa Sum mit and, at the start of this year, the thirty -third Africa Cup of Nations, a football 
competition, are evidence of this.  
 
In any case, its geographical location at the heart of the continent, its bilingualism, the legendary 
hospitality of its people, its unrivalled culinary art, the calibre and reputation of its sportspeople and 
artists, the commitment of the Head of State, the Government and the people of Cameroon as a 
whole promise an MC13 that will undoubtedly go down in history.  
 
Dear colleagues, disti nguished delegates, dear friends, you are all welcome in Cameroon, an Africa 
in miniature that asks nothing more than to welcome you and show you the splendour of its charms 
and hidden treasures, if you give it the chance by choosing my country to host MC1 3. 
 
Rest assured that you will not be disappointed. On the contrary, you will ask to come back.  
 
Thank for your support. Thank for listening.  
 
I will see you very soon in Cameroon. Welcome to Cameroon.  
 
Long live multilateral cooperation.  
 
Long live the World Trade Organization.  
 
_______________  
 
 
  WT/GC/M/201  
 
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  ANNEX 2  
ADDRESS DELIVERED BY H.E. DR. THANI BIN AHMED AL ZEYOUDI , MINISTER OF STATE 
FOR FOREIGN TRADE OF THE UNITED ARAB EMIRATES , TO THE GENERAL COUNCIL  
 
Mr Chair,  
Madame Director General,  
Excellencies,  
Ladies and gentlemen,  
 
Let me begin by commending you for your continuous work on strengthening our international 
trading system and reaffirming our shared commitment to multilateralism. We are, of course, 
confront ing a critical moment. We are seeing the impact of the global pandemic on supply chains. 
We are seeing how global challenges are affecting commodities. And we are seeing, for the first time 
in 15 years, the spectre  of global inflation.  
 
As we begin to emer ge from the biggest disruption to global trade in our lifetimes – there is  reason 
to be optimistic.  World merchandise trade volume is expected to grow by 3.5% in 2022; and  the 
Middle East in particular will have to the strongest trade volume growth of an y region in 2022 for 
both exports and imports . But I also believe now is a moment of genuine opportunity for all of us. 
There is once again a  clear global consensus that trade is a key lever of inclusive, sustainable 
economic growth.  
 
That was the overall sentiment at the 12th Ministerial Conference here in Geneva in June, when  we 
all came together to make significant progress on:  
 
• pandemic preparedness  
• intellectual property rights  
• removing food export prohibitions  
• and, perhaps most importantly, fisheries s ubsidies . 
 
Each of these measures will provide vital help to countries and communities across the globe  and 
we must ensure that these measures are not only implemented but built upon . That needs to be the 
message this week: global challenges require global  solutions.  
 
In the context of the WTO, this means we need further progress on key areas that could hamper  the 
promise of international trade, including  the WTO 's role as  a forum for negotiation and rule -making;  
an effective enforcer of those rules; and  a dispute -resolution and arbitration mechanism  It is 
imperative to re -energize the WTO 's mission as the custodian of the multilateral trading  system and 
a champion of its benefits.   
 
The 13th Ministerial Conference provides a crucial opportunity to capitaliz e on the progress  made in 
June.  But it must also deliver the reform we all seek.  We must now:  
 
• look to shape trade rules fit for the 21st century – including digital trade  
• address market -distorting subsidies  
• protect the needs of developing countries, and  
• enhance cooperation between the WTO and other international organizations.  
 
Ladies and gentlemen,  
 
As you know, the UAE has formally submitted a bid to host the 13th WTO Ministerial Conference  in 
December 2023 in Abu Dhabi.  Our nation 's leadership has long understood the economic and cultural 
importance of trade.  We recognize that international trade goes hand in hand with economic 
development an d human prosperity – which is why we have now placed it at the heart of a bold new 
economi c agenda that aims to double the size of the UAE economy by 2030 – from US$381 billion 
to US$762 billion.  This is built on developing new sources of competitive advantage based on talent,  
technology, and innovation.  And, as the UAE continues to reduce our reliance on hydroca rbons, we WT/GC/M/201  
 
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  are envisioning a modern  economy that is a global hub for trade, talent, and foreign direct 
investment.  
 
It is this ambition and our belief in the lasting, inclusive benefits of multilateralism, coupled wit h our 
expertise in hosting global forums  such as the recent Expo 2020 Dubai, which makes the UAE  the 
ideal location for MC13.  
 
On behalf of our leaders, it would be an hono ur to welcome the Leaders, Ministers and business  
representatives from the WTO 's 164 Members to the UAE.  We are equally excited to demonstrate 
how trade has shaped our history – and how we are  determined to shape its future.  I hope we can 
count on your support in our bid to host MC13.  
 
We look forward to working closely with WTO and its members in the year ahead to strengthen  the 
future of global trade by building greater inclusiveness, transparency and innovation in our  
multilateral trading system.  
 
_______________  
 
 
  WT/GC/M/201  
 
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  ANNEX 3  
ADDRESS DELIVERED BY H.E. MS. LUZ MARÍA DE LA MORA, VICE MINISTER OF FOREIGN 
TRADE OF MEXI CO, TO THE GENERAL COUNCIL  
 
Thank you, Chair, for giving me the floor and allowing me the honour of speaking at this General 
Council session. Good morning everyone. I will be brief, as I see that the agenda for the session is 
certainly busy and the issues to be tackled are of utmost importance for the Organization.  
I reiterate that Mexico remains pleased by the outcome of MC12, which definitely exceeded many 
expectations. Members showed willingness and commitment to reach agreements, which 
undoubtedly boost s the credibility of the WTO as a negotiating forum. We must capitalize on this 
fresh impetus for our future work.  
During the Conference, it was enlightening to see that when ministers stop behaving like 
campaigners and act like states people, results can be achieved.  
It is encouraging that the activities of this house have resumed in earnest. The time for patting 
ourselves on the back has passed and we must work hard to translate the decisions made at the 
Conference into tangible outcomes.  
It is clear that  we can work – and should already be working – on some of the outstanding issues, 
while others require a preliminary discussion to develop trust between Members and spark the 
creativity needed to build new bridges that lead to possible landing zones.  
The p lanned retreats for fisheries and agriculture will be a good opportunity for Members to start to 
think afresh about possible alternatives to the solutions that have eluded these undoubtedly complex 
negotiations.  
Mexico believes that work on WTO reform will prove decisive in revitalizing the Organization. The 
priority is to have a fully functioning dispute settlement mechanism, as it provides a safety net to 
secure the outcome of past and future negotiations. By achieving satisfactory results that  invigorate 
all pillars of the WTO and by addressing development aspects, we will be able to leave a long period 
of underperformance behind us and have a multilateral trading system that better contributes to 
growth and economic development, sustainability  and inclusiveness in many more regions of the 
world.  
We are pleased that, during the Ministerial Conference, something concrete was achieved to step up 
the fight against COVID 19. The discussions under way on the waiver for diagnostics and therapeutics 
will not be easy; stakeholders will need to deploy their best efforts and seek to prevent the complex 
nature of those discussions from affecting the other issues being discussed. Mexico reiterates its 
willingness to participate in these discussions in a cons tructive manner.  
The extension of the moratorium on duties on electronic transmissions was a highly favourable 
outcome of the Conference. For years, it has been a polarizing topic within the Organization. It will 
be important for the renewed discussions to  be more constructive, rely on solid evidence and lead 
Members to take decisions in a reasoned, comprehensive and prudent fashion.  
To conclude, I would like to point out that in recent years the world has faced various scourges, 
including threats to the ec onomy, health, climate and peace, which require global responses. 
Strengthening the global governance architecture is crucial to better contain those scourges and 
their pernicious effects on many communities in different regions of the globe.  
The WTO, as a n integral part of that architecture and guarantor of the multilateral trading system, 
plays a fundamental role. Let us spare no effort in ensuring that it does so and, in particular, that 
the reform of the WTO optimizes its functionality and its capacity to fulfil its mandate. Achieving this 
will depend on many factors, including this trade cooperation forum and the political capital that its 
Members are willing to invest. There is no time or room for this capital to be withheld from the 
Organization.  WT/GC/M/201  
 
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  I would like to thank the Chair once again for the opportunity to speak at this session and I wish 
Members every success in their ongoing work. Please rest assured that Mexico will participate 
constructively in all areas covered.  
 
_______________  
 
 
 
  WT/GC/M/201  
 
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  ANNEX 4  
STATEMENTS BY MEMBERS AT THE INFORMAL GENERAL COUNCIL  MEETING  HELD ON 
4 OCTOBER  2022  
 
At their request, the statements of the delegations of Argentina; Australia; Brazil; Cameroon (African 
Group); Canada; Chile; Colombia; Costa Rica;  Djibouti; Egypt; European Union;  Fiji; India;  Jamaica 
(CARICOM) ; Japan; Kenya  (ACP Group) ; Nicaragua; Nigeria; Peru;  Philippines;  Switzerland ; United 
Kingdom;  and, Zambia  at the 4 October Informal General Council meeting are incorporated in the 
minutes of this meeting . 
 
_______________  
 
 
1. Argentina  
 
WTO reform  
 
The mandate from MC12 allows for groupings of WTO Members to meet to discuss relevant matters 
or to make submissions for consideration by the General Council or it subsidiary bodies. In this 
connection, we would like to stress the importance of keeping this Council regularly informed to 
ensure all groups have an opportunity to take into consideration the interests of other groupings of 
Members and to foster dialogue, so that relevant issues are not siloed.  
 
As we have already stated at previous General Council meetings, Argentina advocates a frank 
discussion on WTO reform and is of the opinion that this should be done by fulfilling and prioritizing 
the negotiation of outstanding mandates. We are aware that there  are diverging views on this point, 
but we would like to stress the importance of including this matter in the discussions.  
 
We are open to carrying out our reform discussions in different formats that allow for frank 
exchanges, provided that inclusiveness  and openness are respected and that the discussions are 
transparent. We support an approach that will allow us to move forward, step by step, with the 
reforms that appear to be necessary, without necessarily having to wait for a large, comprehensive 
packa ge that covers every aspect of the WTO.  
 
Work programme on electronic commerce and moratorium on electronic transmissions  
 
Our position has already been stated on previous occasions and it has not changed: we support 
renewal under the current conditions, e xcluding content. We understand that some delegations have 
concerns regarding the implications of the moratorium and we stand ready to engage actively and 
constructively in discussions in this regard, in whatever format that this Council decides is most 
appropriate.  
 
2. Australia  
 
We fully support the way forward on WTO reform proposed in the Chair 's report and outlined in the 
Director -General 's remarks. These recommendations are sensible suggestions, including the idea of 
bringing us all together to discuss t he pathway forward.  
 
As part of this approach, we should also recognise the reforms we already have on the table – the 
wind that is already in our sails. We have strong new rule -making energy coming back here after 
two decades of being stalled. We have a new fisheries subsidies agreement. There are also various 
group initiatives underway which – importantly – are open, inclusive and embedded in the WTO 
architecture rather than outside of it. Let us not forget the important reform energy already here in 
this Organization.  
 
We also have a range of institutional reforms on the table. The proposal on annual ministerial 
conferences is starting to gather strong support. Annual ministerial conferences are not just a way 
to connect our political leadership to our work, but also a way to connect with wider global 
imperatives, such as climate change and food security. But we have much more to do.  WT/GC/M/201  
 
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  Firstly, there is a strong will across the membership, and now a mandate from MC12, to fix the 
dispute settlement system.  We need to take this forward and urgently deal with the part of the 
system that is broken, to restore the ability of this institution to resolve disputes with finality while 
also restoring the authority of world trade law. Let 's use the momentum we have, and advance 
collectively where we can in a gradual, iterative way to build further momentum over time.  
 
Secondly, we must advance the work on the monitoring and deliberative function. We need to better 
understand the broader goals we have for this place, including on food security and climate change. 
We need to also examine the subsidies agenda closely, including in the area of agriculture.  
 
So, let us use MC13 to advance reform on all fronts – more rulemaking if we can, but let 's also move 
forward to restore the dispute settlement system, advance the monitoring and deliberative function, 
and agree to a new approach to our relationship with ministerial meetings.  
 
On e-commerce, many have already mentioned the important role e -commerce plays for developing 
countries to access markets. We agree – this work is fundamentally about inclusion, improving 
productivity and reducing trade costs. Australia fully welcomes all suggestions for dealing with these 
issues under the e -commerce work  programme. The important role this process will play cannot be 
left to the last minute. The e -commerce moratorium itself was a last minute MC12 issue which led 
to significant uncertainty for business. That must be avoided at all costs for MC13.  
 
3. Brazil  
 
Thank you, chair, for this update on your consultation with Members on the WTO reform.  
 
The ministerial mandate on paragraphs 3 and 4 establishes that the WTO reform must improve all 
its functions. It also states that discussions on the WTO reform will take  place in different formats 
and configurations, always taking into consideration the transparency role of the GC.  
 
Let me comment on each pillar of the reform process as Brazil sees them evolving up to MC13.  
First, our discussions should start with the del iberative/monitoring function of the WTO. It is of 
everyone 's interest that the organization works better on a daily basis.  
 
There are, already, many useful emerging ideas related to the deliberative function. Many changes 
are practical and uncontroversial  for the proper workings of the WTO. We could, for instance, invite 
all technical Committees to review their deliberating and monitoring functions and to present a report 
with suggestions by mid -November.  
 
Also regarding the deliberative function of the WT O, Brazil recalls its proposal on annual ministerials, 
which could serve us as a way to increase the responsiveness of the organization in a dedramatized 
and pragmatic manner.  
 
Second, on the dispute settlement function, there is an active and informal pro cess on the dispute 
settlement reform, up to December. A fully functioning dispute system is of fundamental importance 
for Brazil. We expect useful results from this process in order to transition to a text -based negotiation 
as quickly as possible.  
 
Last b ut surely not least, we need to discuss how negotiations can effectively deliver, including 
through new negotiating modalities and configurations. We have already started this discussion on 
different configurations and hope to move forward with the same le vel of pragmatism.  
 
4. Cameroon (African Group)  
 
The African Group has a great interest in  the work programme on eCommerce as articulated in 1998 
Declaration on Global Electronic Commerce. The 1998 mandate called for sustained discussions on 
all trade related aspects on e -commerce in the four relevant bodies, these are, CTD, CTG, CTS and 
TRIPS. The issues identified in the WPEC remain relevant to African countries.  
 
Continental integration, structural transformation and industrialization remain the overriding 
priorities for Africa, following the establishment of the Continental Free Trade Agreem ent in line with WT/GC/M/201  
 
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  "Agenda 2063: The Africa We Want ". Therefore, it is critical that the work we undertake in 
multilateral trade supports Africa 's continental regional industrial integration agenda.  
 
Africa continues to account for a small share of global e -commerce. The limited development of 
e-commerce underlines the importance of identifying the constraints on e -commerce in Africa.  
 
We are concerned with limited progress made on the development dimension of the work programme 
which are critical t o ensure equitable benefits.  
 
The African continent has a keen interest to move away from being a mere importer of digital 
products and technologies to producing and exporting. Much work needs to be done to advance this 
objective and address the digital d ivide. This requires a policy environment that is supportive to the 
development of our digital capabilities and industrialise.  
 
Africa is still the least connected region compared to other regions of the world with about 28.2 per 
cent internet coverage and  34 per cent to mobile broadband.  Few citizens have digital IDs, 
businesses adopting digital technologies remain the exception rather than the norm, and few 
governments have the means to invest strategically in developing digital infrastructure.  
 
There is a need to address these issues in structured discussions under the WPEC. The Africa Group 
commends delegations that have engaged actively on ways to address the digital divide which 
disproportionately affects our Members and whose effects have been exacerb ated by the COVID -19 
pandemic. We therefore support the need to reinvigorate the work under the Work Programme so 
as to make meaningful progress between now and MC13.  
 
Where the ET moratorium is concerned, para 3 of the MC12 Ministerial Decision on the WPE C is 
instructive. African Ministers of Trade have a long standing position that extension of the moratorium 
should not be treated as automatic. Any discussions on this issue should resolve long standing issues  
on the scope, definition and impact of the mor atorium on customs duties on electronic transmissions 
on developing countries in particular, as well as on Africa 's ambition to industrialise.  
 
5. Canada  
 
Canada strongly condemns President Putin's unprovoked and unjustifiable invasion of Ukraine and 
does not , and will not ever, recognize Russia's attempted illegal annexation of Ukrainian territories. 
These hostile acts are a blatant violation of international law and the rules -based international 
system. Ukraine 's sovereignty and territorial integrity must be  respected, and the Ukrainian people 
must be free to determine their own future. Canada calls on Russia to immediately cease all hostile 
and provocative actions against Ukraine and withdraw all military and proxy forces from the country.  
 
Canada thanks the  Chair for his efforts so far, and fully supports his proposed approach. We are at 
the beginning of a process which will be long, but which we all committed to, and which I believe 
will ultimately lead to an outcome that benefits all Members. In this spiri t, we should aim for a 
process which is gradual and iterative. A fully functioning dispute settlement system remains a 
critical priority for Canada.  We are committed to the Member driven informal discussions under way 
at the technical level. While that pro ceeds, let 's work together to take a delegate -centred approach. 
Canada agrees with the Chair that the best approach is to begin with the deliberative function, and 
to draw from the expertise of technical Committees and Councils who are responsible for the 
day-to-day work of the organization. We must first focus on improving the workings of the WTO, not 
negotiating or re -negotiating economically substantive rules and commitments. That means making 
WTO bodies work better for all members, especially developing  Members. And it means taking a 
practical, bottom -up approach.  
 
We are pleased to see that discussions about how we should advance the e -commerce work 
programme and moratorium have been initiated. While the ministerial decision to extend the 
e-commerce mo ratorium and work programme was a key element of the MC12 outcome, this still 
constitutes a temporary response to a practice that has been supporting digital trade for over 
20 years. Given the limited time we have to implement the MC12 decision, it is impo rtant to remain 
pragmatic and realistic on what can be accomplished by MC13. At the same time, there is no time 
to waste, and Canada is committed to actively participate in the reinvigoration of the work 
programme. This offers a unique opportunity to focus  our discussions on trade -related aspects of WT/GC/M/201  
 
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  digital trade that go well beyond the moratorium. In that context, Canada has noted the interest 
expressed by several developing Members to discuss the development dimension of digital trade, 
based on Members ' submissions, and is open to support it.  
 
The other pillar of the Ministerial Decision is discussions on the moratorium on customs duties on 
electronic transmissions. Canada strongly supports maintaining these discussions under the General 
Council given the nature of electronic transmissions. It remains important to continue to consider 
the broad impact of not imposing customs duties on electronic transmissions, including for 
businesses and consumers. Therefore, the dedicated/structured discussions under the General 
Council is the most appropriate venue to discuss the moratorium. We do not see the need to create 
any new structure to discuss the moratorium. The current dedicated/structured discussions offer 
sufficient flexibility to consider various c onfigurations, including workshop, informal, technical to 
discuss areas of interests to Members. As we consider topics for future discussions, hearing more 
from the private sector, including MSMEs from developing Members and relevant international 
organi zations would help to deepen the understanding of the Membership.   
 
6. Chile  
 
As we have said on previous occasions, Chile believes that we need a WTO reform that ensures that 
the Organization is in a position to address, in an effective and cross -cutting manne r, certain 
challenges faced by many of our countries, especially those concerning productive development, 
inclusive trade and environmental sustainability. We also think that it is important to analyse the 
functioning of the Organization and seek to make p rogress in terms of efficiency and transparency. 
We believe that the discussion, at least initially, should focus on the Organization's deliberative 
function. However, at the same time, we consider it essential to continue conversations regarding 
the Dispu te Settlement Body, which should be brought into full operation as soon as possible, given 
its importance in the functioning of the organization as a whole. We appreciate and note with interest 
your proposal to hold a meeting on reform in the near future, in which we can frame our discussions 
based on a common assessment.  
 
Furthermore, Chile is highly committed to the decision reached at the recent ministerial meeting to 
resume discussions on the Work Programme on Electronic Commerce in the relevant commit tees. 
As we have said on other occasions, Chile is in favour of further discussions regarding the 
moratorium on the imposition of customs duties on electronic transmissions and its scope, ideally 
with a view to making it permanent, without neglecting the o ther matters contained in document 
WT/L/274, especially considering that, if no agreement is reached by March 2024, the moratorium 
will automatically expire.  
 
7. Colombia  
 
First of all, I would like to thank you for your reports and hard work over the past fe w weeks to 
connect with the Membership. I would also like to thank the Director -General and the Deputy 
Directors -General for their presence and explanations.  
  
Colombia would like to make three comments on reform:  
  
First, for Colombia, the discussion on r eform must be ambitious and be seized as an opportunity to 
think about a WTO fit -for-purpose to face the challenges of the 21st century, not just thinking about 
today, but about how we would like this Organization to be in the next 25 and 50 years. Our 
discussion should not be limited just to making minor adjustments or procedural improvements. We 
must aim high, or attempt to, at least now at the beginning.  
  
In this respect, there is no doubt that the intersection between trade policy and environmental 
protection is an issue that has gained prominence, that cannot be avoided or dodged, and that will 
continue to be an inevitable part of our discussions in the future. So, it is better to accept it and 
address it in full. The WTO must holistically and comprehe nsively address this intersection and, as 
part of the reform discussions, ensure that both policies are mutually supportive and complementary.  
  
For this reason, sustainability must be a central and specific element in all work on the review of the 
Organi zation for the reform, which must be candid, without cherry picking, but with a cross -cutting 
overview. Therefore, the discussion of the interrelationship between trade and the environment must WT/GC/M/201  
 
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  of course take place in dedicated forums, such as the Committe e on Trade and Environment (CTC) 
and the Trade and Environmental Sustainability Structured Discussions (TESDD). It should also be 
part of the specific reform discussions in the regular bodies, on the ongoing negotiations, including 
in particular the enviro nmental impact of the huge domestic support to agriculture, on trade 
remedies or rules (and the growing problem of the use of unilateral remedies outside our usual three 
WTO remedies, in the form of environmental offsets), on transparency and monitoring ex ercises, 
and on joint initiatives. The Agreement on Fisheries Subsidies showed how sustainability is 
something that unites us, and that it is possible to take concrete decisions around it, ensuring 
consistency and coherence between the commitments adopted in international arenas and 
environmental agreements and WTO rules.  
  
It is our view that, in the adoption of environmental measures that have trade impacts, Members 
should ensure consistency and coherence between the commitments that are adopted in 
international arenas and environmental agreements and WTO rules.  
  
This coherence also includes the need to take into consideration the development dimension in these 
discussions (and also in the adoption of measures by Members), in particular recognizing the 
challenges faced by developing countries in the transition to m ore sustainable economies.  
  
In summary on this point then, Colombia believes that we should not miss the once -in-a-generation 
opportunity for reform. We understand the idea of "sequencing" and taking one step at a time, but 
our initial ambition must be o verarching and high, with environmental sustainability at the centre.  
  
Second, on the matter of dispute settlement, it is important that the Appellate Body be reactivated 
while discussions on its reform continue. In terms of external scrutiny, having a fu lly operational 
dispute settlement mechanism (DSM) is essential to be able to judge the success of the reform 
process we have begun. If we do not have a fully operational system, the reform process will 
certainly be judged to be ineffective. Thus, our ongo ing discussions on DSM reform are invaluable. 
So is the Multi party Interim Appeal Arbitration Arrangement (MPIA) process, which, with its surgical 
procedural adjustments, can show the way forward now that it has come into operation. But, first 
and foremos t, this discussion on reform must move forwards, always remembering that the Dispute 
Settlement Unit (DSU) is there, agreed by all. The DSU is a starting point that we already have in 
place.  
 
Third, in our view, the reform process is also an opportunity t o open up the WTO a little more, to 
strengthen its legitimacy and to feed new perspectives into the discussions. This is certainly a 
challenging process, but there are many models that can be explored to open up the WTO a little to 
public input, in an orga nized way.  
 
The OECD, for example, has a supervised scheme for the participation of interested economic sectors 
in its discussions. The WTO itself, in the structured discussions on trade and environment, is already 
a pilot project on how external organiza tions can participate in dedicated and supervised forums, 
with positive results on our ideas and understanding of the new phenomena facing global trade.  Also 
the experience of the Ministerial Conferences and the Public Forum are examples of how the WTO 
can open up its daily work in a controlled way to external actors.  
 
However, such forums are still rare. It is the WTO itself and its Members who can benefit most from 
this openness, with access to ideas and in -depth insights on issues. The reform, in short,  could have 
a space for discussion, an item in the work guidelines or guidelines on issues mentioned by 
Argentina, in order to jointly review a possible controlled and progressive improvement of the 
Organization's external transparency.  
  
An ambitious refo rm, which does not avoid the importance of environmental sustainability and is 
willing to review its substantive implications, coupled with a properly functioning dispute settlement 
mechanism, and a greater openness to ideas, should, in our view, be a fund amental part of our 
discussions.  
 
You can count on our full commitment in this regard, including our support for your proposals on 
withdrawal or dedicated sessions of the General Council that you have mentioned, as well as our 
engagement with other interes ted Members.  
 WT/GC/M/201  
 
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  8. Costa Rica  
 
Costa Rica is committed to this organization's reform process, and we are pleased that our ministers 
have dedicated a paragraph to it in the MC12 outcome document. WTO reform is essential for this 
Organization to remain relevant and capable of responding t o present and future challenges. This is 
why we believe that this process must be undertaken in a manner that is constructive, inclusive and 
aimed at making real changes to the Organization.  
 
It is important to distinguish between improving the functionin g of the WTO and changing any of its 
rules and commitments. WTO reform must focus on the former. We also believe it is important for 
Members to be aware that reform must not be a zero -sum negotiation. The key questions in this 
exercise should therefore be:  "how can we make the WTO function better?" or "how can we facilitate 
the participation of developing countries and help them use the WTO to achieve their development 
goals?", instead of "how can I get something I want?" To maintain this approach, we will need to 
work from the bottom up and rely on concrete and genuine experiences and evidence.  
 
This is why we think it is important to combine bottom -up work originating from the technical 
committees with the discussion on horizontal issues in the General Co uncil (possibly in dedicated 
informal sessions) and, where appropriate, in the Trade in Goods (and Services and TRIPS) Councils.  
 
The process must be gradual and allow the results to be consolidated as progress is made. We should 
avoid cross-linking and hostage -taking. We also think that we should start with a review of the 
WTO's deliberative and monitoring function and then move on to review the other two functions in 
a second phase.  
 
Regarding e -commerce, we are pleased that we have be en able to reach an agreement to renew the 
work programme and the moratorium. Costa Rica has supported a permanent moratorium from the 
outset. As for the work programme, we are interested in having an evidence -based discussion with 
the support of experts, including international organizations such as the OECD that have undertaken 
studies in the field, academia, the private sector and business organizations. These talks could be 
held in workshops or seminars that feed into the discussions of the General Coun cil and the 
subsidiary bodies.  
 
Costa Rica supports the process that you, Chair, have set out for both topics and is committed to 
this work.  
 
9. Djibouti  
 
Thank you Chair for your report on your consultations with the LDC Group. Thank you for this 
transparent  and inclusive process.  The LDC Group participated in your consultations on WTO reform 
and the e -Commerce Work Programme.  
 
Today we can summarize what we conveyed during consultations and listen to other members.  
 
Reform  
 
Reform is a good opportunity to ex plore new ways, better ways of setting objectives and goals that 
are balanced and sustainable.  
 
The General Council should lead on reform and the development dimension in the work of WTO 
should be at the heart of the reform discussion. If there are element s that must be deliberated upon 
at the sub bodies, this is fine but any consolidation must take place in the General Council and the 
General Council should also be a venue for work on the reform.  That will be important for us to fulfill 
the ministerial man date to consider decisions at the next Ministerial Conference.  We have been 
looking forward to this process to be initiated by the General Council to ensure that there is no 
discrimination against any proposal.  All Members including LDC proposals must be c onsidered on 
equal footing with the proposals of other Members.  
 
In your consultations we also highlighted the need to maintain principles of inclusiveness, 
non-discrimination, and consensus -based decision -making.  We referred to the need to consider all 
the elements in our own submission JOB/GC/223/Rev.1 and our LDC Ministers MC12 Declaration of WT/GC/M/201  
 
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  October 2021.  We would add that we feel the reform process must take up our lessons learnt in the 
conduct and participation in Ministerial Conferences.  We must ensure especially that LDC proposals 
are discussed in all types of green rooms, and other forms of consultations, before Ministers.  
 
We recognize the utility of smaller breakout negotiations or consultations.  However, before any 
outcome emerging f rom smaller groupings are deemed agreed, even if representatives of a group 
were present, the entire Membership must be included, and explanations provided on how the 
outcome was reached.  This would include an explanation of the options and their rationale . At this 
time the Members could weigh which option is desirable to them.  They can all weigh the pros and 
cons and the risks.  
 
In terms of notifications and transparency, the LDC submission contains some proposals we wish to 
be discussed in the General Cou ncil process ahead.  Our submission also includes ideas on reforming 
the process of committee and council meetings, to avoid overlaps for example that aggravate the 
already severe capacity constraints for LDCs to keep up with the meetings and to participate  
effectively.  
 
On another matter, we think that the issue of penalties and administrative measures on LDCs should 
be reformed.  Existing administrative measures, including ineligibility for technical assistance and 
access to documents, due to arrears in WTO  membership fees, should be reviewed and re -examined.  
 
Regarding Appellate Body reform, we insist on a two -tier system.  This issue is critical to the structure 
and workings of the WTO.  We hear that some have said that LDCs are not involved in disputes and 
should not be concerned.  However, we have indeed participated as third parties, and we will 
eventually graduate.  All discussions must be transparent, multilateral, and inclusive.  
 
E-Commerce Work Programme  
 
LDC Group thanks you for beginning t he consultations necessary for us to proceed with the guidance 
of Ministers at MC12 document WT/MIN(22)/32 . The LDC Group supported that we continue the 
work programme and the discussions on the impact of the moratorium, both mandated since 1998.  
 
We shoul d prioritize the development considerations in recognition of the timelines found in the 
decision.  The LDC Group submission WT/GC/W/787, December 2019 must serve as part of the 
contributions for our work ahead.  In the course of the months ahead, we will al so contribute more 
inputs into the Work Programme.   
 
10. Egypt  
 
At the outset allow me to thank you, Chair, for your report on your recent consultations on WTO 
reform. We extend our appreciation for your efforts to engage all members in dynamic discussions 
to address the points you raised in your report. As we noted before in our previous consultations, 
The WTO reform should deliver on the developmental perspective for all in specific for developing 
and least developed country members. We need to agree that dev elopment should be at the heart 
of the reform process. Hence, our common purpose should be to make development happen. Allow 
me to share some thoughts on the issue of reform, around the metaphoric questions: What to reform 
in the system? Why should we refo rm the system and how would we go about this reform?  
 
We all agree that reform should shape up The WTO of the future. One that provides for economic 
resilience and preparedness in facing challenges. The process should be guided and based on the 
fundamenta ls contained in the Marrakesh Agreement establishing the WTO, Paragraph1 of this 
Agreement defines the objective of the process, as it states that "trade and economic relations 
should be conducted with a view to raising standards of living, ensuring full e mployment, and 
expanding the production of and trade in goods and services." Paragraph 2 further highlight that 
"there is need for positive efforts to ensure that developing countries, and especially the least 
developed among them, secure a share in the gr owth in international trade commensurate with the 
needs of their economic development".  
 
Members need to define the criteria against which our priorities are determined throughout the 
reform process, the time frame in which the reform should be concluded n eeds to be realistic and 
well planned . Accordingly, the reform agenda should be based on the following parameters:  WT/GC/M/201  
 
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  • Reinforcing the special and differential treatment (S&Dt) provisions in various WTO 
Agreements and provisions.  
 
• Providing the policy tools ne cessary to promote economic resilience and allow for 
Developing countries to adequately address current challenges, in a manner 
commensurate with their development levels and capacity constraints.  
 
• Fixing imbalances in current WTO rules and provisions, esp ecially those related to 
Food Security and transfer of technology.  
 
• Reforming the WTO dispute settlement system in a way that addresses systemic 
obstacles that render this system out of reach for the majority of developing 
countries and the restoration of the Appellate Body.  
 
Now when it comes to the process, first, we are advocates of a "top down" approach starting at the 
General Council where reform decisions could be prepared, and then approved at the ministerial 
conference, this does not preclude or exclude the subsidiary bodies from contributing to the process, 
they would rather be present in all deliberations relevant to their area of compet ence. Second, 
reform shall be focused on a limited number of issues to be agreed upon by member, those issues 
could be grouped in themes, each theme could be discussed in open -ended meetings in various 
configurations. The subsidiary bodies can provide us w ith information, background documents on 
each theme, and participate in organizing deliberations. Those discussions could happen in thematic 
sessions/groups. Third, the eventual outcome of those groups' discussions and recommendations 
should be reported pe riodically to the General Council and consequently to the ministers, as 
appropriate.  
 
The current difference of views on the nature and the process of the reform does not mean that it 
is not possible to reach a common solution that considers, as much as po ssible, the proposals of all 
member states in a complementary manner, we just need to identify priorities and understand each 
other 's needs. Egypt stands ready to constructively engage and contribute to the success of our 
work on this matter.  
 
11. European Uni on 
 
Chair, thank you for the very comprehensive debrief that you delivered of your consultation. The 
European Union is deeply committed to constructively work on reform in all three functions. We need 
to ride on the momentum that we achieved at MC12 while being mindful of the formidable challenges 
ahead. In the first phase of the process, listening to the views of all Members and building trust 
among the membership will be a vital ingredient for a successful outcome. Chair, we support your 
proposal for an i nformal "retreat like " discussion at the end of the month where Members can discuss 
in a more conducive setting the key crosscutting issues of interest to all Members including 
development issues. With this in mind, we are keen to enhance our engagement wi th the whole 
Membership, including with the African countries and LDCs, and are reaching out.   
 
Chair, in terms of process going forward, as far as the deliberative and monitoring function is 
concerned, we concur with you that the most promising way forwar d is if the work is carried out in 
a bottom -up approach in the relevant committees. We favour an approach that prioriti zes "reform 
by doing " rather than getting bogged down by abstract discussions of principle. We believe much 
highly relevant and useful wo rk can be done in the committees on key issues to address the current 
challenges in the global trading system so that Members can openly exchange experiences and 
deliberate on these topics.  
 
We have heard last week from stakeholders at the Public Forum wha t some of these issues are. How 
can we strengthen the climate and sustainability dimension in the WTO agenda? How can we better 
integrate developing countries into value chains and the global trading system?  The European Union 
believes committees with a cr oss-cutting remit such as the Committee on Trade and Environment 
and the Committee on Trade and Development have a particularly important role to play in these 
discussions. Let me assure you that the European Union stands ready to play an active role in th ese 
forthcoming exchanges.  
 
Last but not least, the dispute settlement function is the centre piece in the WTO reform and remains WT/GC/M/201  
 
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  the most pressing priority for the EU. We are engaging actively in the technical US -led process and 
believe this informal pro cess needs to be given the necessary space for the time being. However, it 
is equally important that it be complemented by a more formal process at an appropriate moment 
next year.  
 
On electronic commerce, the European Union was very pleased that the work  programme and 
moratorium were extended at MC12. For the EU, their extension at MC13 remains a key objective.  
As confirmed by contacts at the WTO Public Forum, the moratorium is an absolute priority for the 
business community around the globe, particularly  for SMEs active in the digital economy. The work 
programme has an essential role to play to address the interaction between digital trade and 
development and to facilitate the integration of developing countries in the digital economy. We 
therefore strong ly support the objective of the MC12 ministerial decision to reinvigorate the work 
programme. We should not delay its implementation.  We carefully listen to the interests and 
concerns expressed by Members in this regard and in addressing specific issues re lated to the 
moratorium on customs duties on e -transmissions.  
  
As to where the discussions should take place: we have all the necessary structures in the WTO (GC, 
possibilities to have dedicated sessions, more informal structured discussions, specific co mmittees). 
Given the cross -cutting nature of e -commerce, we would favour reviving dedicated e -commerce 
work programme sessions (that we used to have in the past). But we remain open to reflect if there 
are any specific issues that could be more usefully ta ckled in subsidiary bodies and specific WTO 
Committees, based on specific interests and submissions by Members.  
 
We suggest to intensify engagement starting with the development aspects of e -commerce – in line 
with the interest of numerous Members. But we  understand that as a second stage, it be necessary 
to address issues specific to the moratorium. We are happy to explore possibilities of getting further 
evidence on the implications and also how to incorporate views of stakeholders in Members ' 
deliberati ons. The European Union remains committed to work on all aspects of reform with the 
whole membership.  
 
12. Fiji 
 
Fiji would like to thank you for your update, we do recognize your hardwork as well as the inclusive 
manner in which you have conducted the  consultations. In recognition of the outcomes of the MC12 
and the timeline to meet  our mandate, it is incumbent upon us to navigate our way forward promptly 
to reach our shared objectives.  
 
Please allow me to make the following remarks.  
 
On WTO reform, much has been said about the reform. However, we need to be practical in our 
approach by having a process established to review the WTO and identify areas that needs to be 
reformed and prioritize them according to their urgency and second the abilit y of member to reach 
consensus on that reform agenda in a timely manner. We do understand that WTO reform could be 
easier said th an done, hence it requires more consultative and practical  approach to reach our shared 
objectives.  
 
Regarding the Work Program me on Electronic Commerce, the MC12 decision on moratorium is 
explicit. Therefore, the Secretariat report on the impact of the moratorium on customs duties on 
electronic transmissions is important for us to provide guidance on the way forward. As a small 
island developing state we would need clarity on this issue to help guide our policies and decisions.  
 
Finally, on the issue of the appointment of vacant chairmanship, we do support the need to have 
appointments be made in line with the established practice s, the process also needs to be 
transparent and inclusive. Fiji looks forward to working with the Chairs of the committees and we 're 
hopeful Chair with your leadership and the Director - General we should have a successful MC13 
before us.  
 
13. India  
 
First of all, I would like to thank you Chair for your report and your intensive discussions which you 
had with us on various topics either directly or in small groups or in the third case through the WT/GC/M/201  
 
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  regional coordinators. I would also like to thank DG for her rem arks and discussions which she is 
undertaking with various members.  
 
Let me touch upon the three points that you have listed for today's discussion on WTO reform. Let 
me reiterate that the reforms must be consistent with the core principles which our foun ders have 
agreed on in the form of Marrakesh Agreement, and at the same time pay attention to the 
development issues, as mentioned by other co -sponsors of our joint proposal which is 778 Rev Four.  
We can say that this is the proposal from the developing co untries side on WTO reform. This proposal 
highlights the issues that are important for developing countries and also addresses the core issues 
that concern us such as inclusivity and development.  
 
Let me reiterate certain aspects from this proposal. The c ore values and basic principles must be 
preserved,  and reforms should not be used as a pretext to erode these core principles and especially 
the principle of decision making by consensus. We also need to ensure that the reforms do not 
change the multilater al character of the WTO and we should not go back to the 1994 -1995 era.  
 
The process on reforms should be open, transparent and inclusive. It is important that the 
deliberations conducted are kept on record, views expressed,  and proposals submitted by var ious 
members get due attention and considerations, and reforms should be agreed by all members before 
it is sent to ministers for consideration at MC 13.  
 
In the context of a fair and inclusive process, we agree that the work might be undertaken by 
members in meetings of the subsidiary bodies, and work of these bodies should be periodically taken 
back to the General Council.  Members should get detailed updates from the Chair of all the tracks 
that are evolving in the subsidiary bodies. They should be  given the opportunity to engage in 
substantive discussions on the developments on each track and also the inter linkages between the 
different elements that might be addressed in the subsidiary bodies.  
 
We support the open -ended sessions of the General C ouncil and agree that this will be the right 
place for such periodical updates and related substantive discussions. Any decisions to be taken 
under this mandate, including on what are 'necessary ' reforms should be undertaken in such 
dedicated open -ended se ssions of the General Council.  
 
Last, but not the least, the restoration of the two -tier fully functional disputes system by 2024 
remains our top priority. It is important that ongoing conversations on this issue are mainstreamed 
as soon as possible.  
 
On e-commerce, let me remind you of our discussion that happened last Wednesday in a small group 
configuration. I will not repeat the suggestions given there. I think the Secretariat has taken note. 
However, some of the things from that discussion I would li ke to reiterate here for transparency 
purposes. First of all, we see both the work programme and the moratorium decision not as an 
interlinked or joint decision. The Work Programme stands on its own legs and the Moratorium 
decision stands on its own legs.   
 
When we decided in 1998 on the moratorium, the two issues which were pertinent at that point of 
time, were definition and the scope of what this moratorium will apply to. The second was the 
inability of members to have administrative or technical capacit y, so that even if they make the 
decision for imposing customs duty, how will they implement that decision. Now, 25 years down the 
line, certainly we have taken care of one issue, which is the administrative and technical capacity of 
how to tax these trans actions. A lot of countries have demonstrated in the last few years that it is 
doable, and it is possible. So what remains to be sorted out is the definition and the scope. For that 
we request the proponents of moratorium to come up with submissions and pa pers to substantiate 
their ask for an extension of moratorium and also define the scope and definition.  
 
On the issue of reports, we have shared our views very clearly that we are not in support of any 
study to be taken up again through the Secretariat. M embers are free to commission their own 
studies and use those studies and reports in their submissions, but certainly not a combined study 
of all members given to any other institutions.  We have seen that even reports from UN bodies like 
UNCTAD have been d isputed in this forum. So, in our opinion, it may not serve any purpose and the 
Secretariat report can also be argued for or against depending on which side of the spectrum the 
member is.  WT/GC/M/201  
 
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  On the Work Programme, as mentioned by South Africa, we are working  on submissions.  We already 
have two submissions, one in the General Council, and one in the Council for Trade and 
Development. We are also working on deliberative papers for the other three councils, that is, TRIPS 
Council, CTS, CTG. I would like to thank  some of the non -proponents who have shown eagerness 
and willingness and a very positive attitude that they now come out of that mindset of blocking the 
discussion of Work Programme in various councils and committees and they are willing to contribute 
to these discussions. Therefore,  I would request, through you, that in all these councils, this agenda 
item can be taken up as a standing agenda item, which is what was mandated by the 1998 Work 
Program.   
 
Finally, on the process of appointment of vacant chair manships, we would request through you that 
the Troika should quickly help us in arriving at a consensus. Particularly COAS and NGR chairmanship 
should be filled quickly so that we can take the member driven process forward in a true sense.  
 
14. Jamaica (CARIC OM) 
 
The CARICOM Group in Geneva wishes to thank you for setting the context for our discussions and 
for the report on the various consultations that you have engaged in over the last few weeks on the 
issue of WTO reform.  
 
Since the end of the Uruguay Round, de veloping countries have advocated for reform within the 
WTO, particularly as it relates to levelling the playing field between small vulnerable developing 
countries like ours and developed countries.  
 
We are therefore pleased to see that the issue of WTO reform has gained some traction over the 
last few years, including through a consensus agreement by Ministers on paragraphs 3 and 4 of the 
MC12 outcome document.   
 
We are currently undergoing internal reflections on how we will engage on defining our interests in 
the different areas where WTO reform is being contemplated.  We would however wish to use the 
opportunity of this informal meeting to put forward a few gener al perspectives.  
 
We recogni ze that given the varying levels of development and circumstances, Members have 
diverse interests and therefore different views on what WTO reform should look like.  Generally, our 
aim must be to ensure that the interests of all Members are reflected in any outcome in the name 
of WTO reform. This is particularly important for those WTO Members that are small and whose 
peculiar circumstances give rise to issues that whilst being critical to them, may not be critical to 
other WTO Me mbers. We must seek to ensure that all Members can see themselves reflected in any 
reform efforts.   
 
We must seek to ensure that the foundational principles of consensus, transparency, openness, and 
inclusiveness continue to be the basis on which we work a nd take decisions in this august 
organi zation.  Our preference, and the existing modus operandi of the WTO is for based on 
multilateralism and therefore on multilateral approaches, particularly on issues that form the core 
work of the WTO.  
 
The CARICOM Gro up has been among those to have called for a dedicated discussion focused on 
defining what is meant by WTO reform and how we treat those elements within the broader 
framework so titled. We believe that the discussion on WTO reform should include the issue of 
dispute settlement, and more specifically the Appellate Body issue.  Such discussions should be based 
on negotiations held within the General Council and its relevant subsidiary body, the DSB.  
 
Our Group will revert more substantively on the issue of WTO  reform as our discussions, both internal 
and with other Members, evolve.  We stand ready to contribute to your consultative processes, in 
this and other configurations.  
 
We also wish to thank Members for ultimately demonstrating the flexibility and the spi rit of 
compromise that allowed us to arrive at a decision on the Work Programme at MC12.  We commend 
the Minister Facilitator from St. Vincent and the Grenadines for her role in this regard.  
 
The CARICOM Group has been among those Members calling for meani ngful reinvigoration of the WT/GC/M/201  
 
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  Work Programme on Electronic Commerce. We have also underscored on multiple occasions that the 
development dimension of the Programme is of critical importance for us.  
 
The Ministerial Decision duly reflects elements for which the Group has advocated, and we are aware 
that the onus lies with delegations such as ours to contribute meaningfully to the very process of 
intensified discussions for which we have been persistent advocates. We recogni ze that key to this 
would be proposa ls brought forward by Members and acknowledge that we would need to do our 
part.  
 
In this regard, the Group is keen to participate in any discussion that aims to identify the specific 
topics to be addressed in the period ahead under the Work Programme. We  are mindful of the fact 
that lists of issues have been compiled on previous occasions, and we continue to hold the view that 
WT/L/274 should remain a basis for our work. Nevertheless, we believe that key to the success of 
the mandated efforts to reinvigor ate our work is the identification of issues that are pertinent to our 
current and future challenges and opportunities as developing countries in a rapidly -changing 
international trade context.  
 
On the moratorium in particular, Chair, we were of the view t hat renewal was the most pragmatic 
approach at the Ministerial. We note the specific timelines identified in this regard in the Ministerial 
Decision. Chair, the usual circular discussions on the moratorium will not allow us to secure a 
mutually  acceptable outcome by the next Ministerial. Perhaps a fresh approach is needed, and this 
should be undergirded by a spirit of compromise and pragmatism. The Group stands ready to engage 
in good faith in this regard.  
 
The CARICOM Group associates with the statement by  Kenya on behalf of the ACP Group.  
 
15. Japan  
 
On WTO reform, we would like to highlight the importance of basing our WTO reform work on real 
experience of Members in the WTO 's daily transactions and operations of this institution. In this 
regard, the work car ried out and initiatives taken, with a view to further improve the respective 
Committees, are of fundamental relevance. Perhaps, this is where effective and meaningful reform 
efforts should start. In this delegation 's view, this would also be the space whe re Members would 
find a good chance to find common interest and, thus, to share their orientations of the reform work.  
 
In this context, the General Council, as the supervising body of the entire reform work, would serve 
to oversee and guide the efforts and initiatives of respective Committees, by, for example, facilitating 
exchanges of good initiatives and, as appropriate,  collaborative/joint initiatives of committees on 
cross-cutting agenda. The General Council would also serve to discuss, as appropriate, and in an 
informal format, the horizontal and across -the-board reform agenda. In this context, we thank Mr. 
Chairman fo r your proposal to have informal conversation at the end of this month or early next 
month on the cross -cutting interests of Members.  
 
On Dispute Settlement, we support your proposal, that is, for a moment to have current and ongoing 
informal initiative a mong Members to develop first, before commencing a formal process here at the 
General Council.  
 
We would like to say that we are ready also to engage constructively in a discussion on the 
development dimensions in the context of respective functions of the  WTO.  
 
I would also like to touch very quickly about the E -Commerce Work Programme /moratorium. We 
believe the Work Programme serves as a solid foundation for our longstanding practice of the 
Moratorium on Customs Duties. In this regard, we will continue to engage in the work under the 
Work Programme. We recognize the discussion, which is the priority from the viewpoint of our 
business constituencies on moratorium, will continue under the Work Programme. Japan will be 
constructively engaged in discussions.  We strongly hope that all Members including those who are 
sceptical of the extension on moratorium will also engage in the discussion constructively.  
 
Lastly, we believe that we should discuss a way to proceed with a discussion on the Work Programme 
under the General Council and specific topics that a wide range of Members agree should be WT/GC/M/201  
 
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  discussed in detail at each committee or council, given that the Moratorium on Customs Duties is a 
horizontal topic.  
 
16. Kenya  (ACP Group)  
 
Work Programme on Electronic Commerce  
 
The ACP Group thanks you for the report on your consultations on the 1998 Electronic Commerce 
Work Programme in light of the MC12 decision.  
 
The ACP Group has been a staunch supporter of reinvigorating the Work Programme and has been 
consistent in General Council meetings in not only supporting structured discussions but also by 
requesting that such discussions cover all issues within the scope of the Work Programme.  We are 
therefore encouraged by the level of engagement that is being d emonstrated by Members, 
particularly as it relates to the development dimension.  
 
While many of the views and ideas that you may hear today may have already been voiced, we are 
all cognizant that the digital divide, including as it relates to ecommerce, h as widened over the 
years, particularly in light of the rapid evolution of the technologies and ecommerce associated with 
the onset of the COVID -19 pandemic.  The fact remains that although global ecommerce has grown 
astronomically over the last few years, a few countries have dominated the market and have derived 
significant benefits from this economic endeavour.  
 
Our intervention today is preliminary.  It reflects ongoing work within the ACP Group to unpack the 
challenges faced by our Members as well as th e opportunities that could be derived from electronic 
commerce.  Our work focuses on the role that the WTO can play in assisting our countries achieve 
concrete results from the work programme.  
 
At the very least, our work should seek to instruct the WTO Secretariat to update their background 
notes for each body charged with the Work Programme to allow for the current realities on 
ecommerce to be reflected. In so doing however, greater efforts will need to be made to go beyond 
the inclusion of basic per ca pita indicators such as the number of mobile phones.  Consideration 
should also be given to the fact that developing countries are not homogenous grouping and so no 
one size fits all.  
 
We are not naive to think that continuing as we have over the last twen ty years will deliver on 
concrete results on the ground in our countries.  Equally, we are also not convinced that a complete 
revamp of the Work Programme will bring us any closer to achieving this objective.  We believe that 
without the requisite political will of all Members, our divergences on the elements under the work 
programme, will remain.  We need to shift the discussions to a stage which can assist developing 
countries to become exporters, rather than mere importers of ecommerce goods and services; a nd 
to ensuring that MSMEs in our countries can have adequate access to finance, particularly given that 
some of the challenges faced with regard to access to finance are beyond our control at the national 
level.  
 
Whilst the CTD has been mandated to "exami ne and report on the development implications of 
electronic commerce, taking into account the economic, financial and development needs of 
developing countries ", the discussions on issues to be examined in other bodies cannot be divorced 
from the developme nt dimension.  In other words, development and therefore the development 
dimension of the Ecommerce Work Programme, is cross -cutting, and therefore must not be limited 
to the CTD. Rather, it should be infused within the discussions on all areas. In this reg ard the 1998 
Declaration on Global Electronic Commerce sets out specific work to be conducted in four subsidiary 
bodies, in addition to CTD, these are the CTG, CTS, and TRIPS. We would like to see an increased 
and consistent level of engagement with the Wo rking Party on Electronic Commerce (WPEC) in all 
the mandated bodies.  
 
In the past we have indicated that in addition to the question of customs duties and electronic 
transmissions, other issues raised in the Work Programme, including data localisation, da ta flows, 
source code and issues pertinent to the digital divide that hinder the fuller participation of ACP 
consumers and businesses in electronic commerce, should also be discussed within the structured 
discussions framework.  These discussions would enco mpass goods ordered online and delivered WT/GC/M/201  
 
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  physically as well as goods ordered and delivered online.  Moreover, issues regarding infrastructure, 
including internet penetration, technology, and equipment, along with know -how, payment systems, 
the sustainable p rovision of electricity and bandwidth are weak or lacking in some of our Members.  
In any case, deliberations under the Work Programme should explore solutions that support the 
inherent needs of all WTO Members, particularly those amongst us that need to be  enabled if we are 
to see advances in closing the gap in the digital divide.  
 
In so doing, we must keep in mind that there are estimated revenue loss concerns as well as the 
impact on consumers in developing countries who would bear the cost of tariffs.  The same 
considerations would also be necessary for internal taxes.  
 
Any discussions on the issue of electronic transmissions should be premised on the Ministerial 
Decision reached at MC12 which set a definitive date for termination of the moratorium.  In add ition, 
they should not only take into account the present situation and activities of our economies, but the 
future of what digital goods and content will realistically become for all countries as well as the levels 
of technology that would ensure a level playing field as the digital divide begins to close.  
 
We are examining the idea that has been floated by some Members to advance list of issues for 
discussion over the next few months.  We are however cognizant that priorities will differ across the 
Members hip and so issues of critical importance to our Members may not resonate or be of high 
priority to other Members.  We would therefore wish to reiterate what we as Members all know, that 
any member may at any time place an item on the agenda of any WTO meeti ng.  
 
Before we close, we would wish to seek clarity on one issue, paragraph 1.2 of the 1998 Work 
Programme on Ecommerce sets out the central role of the General Council, including in keeping the 
work programme under continuous review through a standing it em on its agenda.  We would wish to 
know whether the mandate for the standing item to be on the agenda of the General Council has 
been revoked by our Ministers or the General Council.  
 
In closing, we wish to reiterate the high level of importance we place o n the principles of consensus, 
transparency, inclusiveness and openness, as well as the Member -driven nature of the WTO. The 
ACP Group will continue its internal reflections on future work over the next few weeks and stands 
ready to engage with all Members  on reinvigorating the Work Programme on Electronic Commerce.  
 
On the WTO reform  
 
I make this statement on behalf of the ACP Group.  
 
At the outset, we want to thank you for taking the initiative over the past couple of weeks to meet 
with Members in various configurations on this very important matter of WTO reform. Our Ministers 
have given us a mandate and a license to move forward on t his issue and the ACP intends to be 
engaged and be constructive in our collective endeavour.  
 
The ACP Group believes that discussions on WTO reform should:  
 
a. adhere to the principles of transparency, inclusiveness, consensus -based decision -making, 
and fairn ess and equity in the balance of WTO Members' rights and obligations;  
b. ensure the interests of developing counties and LDCs are advanced through the application 
of special and differential treatment in WTO agreements, addressing asymmetries in WTO 
Agreements and a rebalancing of trade rules to provide them the policy space to pursue 
their strategic and industrialization objectives  and change the structure of their 
economies;  
c. foster greater coherence between trade and development, including an enhanc ed role by 
the WTO to raise standards of living and employment, and for promoting sustainable 
development as enshrined in the Marrakesh Agreement Establishing the WTO;  
d. facilitate inclusive growth and development, integration of developing countries and LDC s 
in global value chains in view of increasing their participation in global trade, and 
facilitation of their movement up production value chains;  WT/GC/M/201  
 
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  e. enable the WTO to work efficiently and effectively through its Councils, Committees and 
Working Groups to sup port and accommodate the work of its heterogenous membership, 
in a manner that does not apply undue burden nor punitive measures; and  
f. reaffirm the foundational principles of the Marrakesh Agreement and strengthen the 
multilateral character of the WTO.  
We recognize that some aspects of our work may need to take place at the level of the subsidiary 
bodies. However, these discussions must at some point, be brought to the General Council for 
approval, bearing in mind that due to the small size of many of our de legations, we are constrained 
in our ability to follow the work of several subsidiary bodies as closely as we would want to.  
 
Added to this, we cannot emphasize enough the importance which we attach to ensuring that our 
discussions remain multilateral. We cannot, and will not accept decisions which are made 
sub-plenary and then brought to the membership as a fait accompli.   
 
Furthermore, while we have greater  clarity on the way forward with respect to paragraph 3 of the 
MC12 Outcome Document, we are less cl ear with respect to paragraph 4.  
 
The ACP Group believes that consultations on how best to move forward on paragraph 4 of the MC12 
Outcome Document would benefit considerably from a process which is convened by and facilitated 
by the office of the Chair o f the General Council.  
 
Our Ministers assigned great importance and urgency to addressing the challenges and concerns 
with respect to the Appellate Body, with a view to having a fully and well -functioning dispute 
settlement system (DSS) accessible to all M embers by 2024.  
 
While we acknowledge that there are informal conversations taking place on the DSS issues, we 
ought not to cede the responsibility of resolving the DSS matters to an informal process that for now 
remains without a name and without a face.  
 
We call on thos e leading such informal processes to respect the principles of transparency, inclusivity 
and openness and to lay before all Members through the General Council, the nature and intention 
of their work.  
 
As always, the ACP Group stands ready to engage const ructively on all matters concerning WTO 
reform. Once again Mr. Chairman, thank you for your report and we reaffirm our commitment to 
deliver on our mandate for the reform of the WTO.  
 
17. Nicaragua  
 
WTO reform agenda  
 
His Excellency Didier Chambovey, Chair of the General Council; Dr  Ngozi Okonjo -Iweala, 
WTO Director -General; fellow Ambassadors and delegates, please accept a fraternal greeting from 
the people and Government of Nicaragua.  
 
We are pleased to participate in today's informal sess ion of the General Council in order to address 
these matters of great interest for developing countries.  
 
With regard to WTO reform, Nicaragua wishes to express that we are open to participating in this 
process and therefore hope that it will be open, incl usive and transparent. This process must be 
Member -led and take into account the needs and interests of developing countries, least developed 
countries and small economies.  
 
We highlight the importance of strengthening Special and Differential Treatment fo r developing and 
least developed countries. More than just a flexibility, it is a fundamental pillar of the multilateral 
trading system and we therefore hope that the reform process will recognize and address the 
development asymmetries among Members.  
 WT/GC/M/201  
 
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  In addition, the reform process must guarantee due political space for developing and least 
developed countries. It must not alter or affect Members' rights and obligations under the 
WTO Agreements and the decisions approved by this Organization.  
 
Work Progra mme on Electronic Commerce  
 
Nicaragua would like to take this opportunity to draw Members' attention to the relevance of the 
Work Programme on Electronic Commerce, on which we have been working since 1998, with most 
discussions focusing on the moratorium w ithout duly addressing the development elements 
contained in this Programme.  
 
We are therefore of the view that, in order to revitalize this Work Programme, we need to tackle 
those aspects of interest for developing countries, especially small and vulnerab le economies such 
as Nicaragua.  
 
Nicaragua thus hopes that these proposals will address non -discriminatory access to information and 
communication technology (ICT) and telecommunications for the growth of electronic commerce, 
the digital divide and the inf rastructure problems that are slowing the development of this sector.  
 
18. Nigeria  
 
Nigeria wishes to thank you for consulting respective Members on this important issue.  
 
Nigeria is flexible on the institutional arrangement  that would bolster the reform proce ss. However, 
it is of critical importance that discussions on reform remain open, transparent, and inclusive. In our 
view, it should:  
 
i. adhere to the principles of transparency, inclusiveness, fairness, and equity within the 
balance of the rights and obliga tions of all Members under the covered Agreements.  
ii. Be geared towards the delivery of outcomes that would help Developing Countries 
overcome their development challenges and better use global trade to drive growth . 
iii. address simultaneously the longstanding Development issues on the negotiating agenda 
of the WTO, together with issues of commercial significance that foster inclusive growth, 
create jobs, and widen the circle of prosperity . 
iv. pave the way for updating the WTO rule book to accommodate commercially meaningful 
rules on digital trade, services, investment and MSMEs for the institution to be more 
effective and relevant to the diverse economic priorities of its members  in this 
21st century.  
v. As a matter of urgency address the challenges and concerns regarding the Appellate 
Body, and restore a full -fledged, well -functioning two -tier dispute settlement system 
accessible to all Members.  
 
Nigeria would continue to engage constructively on this issue towards ensuring we collectively 
revitali ze the WTO and enhance its role in global economic policymaking.  
 
19. Peru  
 
With regard to reform,  Peru considers that the process upon which we are embarking must be 
inclusive, transparent and realistic in i ts ambition.  
 
We agree with the Members that have suggested we make full use of all possible spaces, both formal 
and informal, to hold discussions and report on them. Accordingly, we must seek to undertake 
parallel work as part of which our efforts in the subsidiary bodies of the General Council constantly 
feed into the work of this Council.  
 
Peru suggests that we start this process by defining the scope of the reform, as not all of us have 
the same take on the process. Discussions with a clear scope will p revent us from setting unrealistic 
objectives that would lead to failure.   
 WT/GC/M/201  
 
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  Turning to the Work Programme on Electronic Commerce , Peru supports the possibility of holding 
dedicated discussions and hearing presentations from experts so that Members may gath er a variety 
of perspectives and better inform decision -making.   
 
With regard to the moratorium, Peru reiterates its support for a permanent moratorium as, in our 
view, it is contributing to the development of the digital economy and electronic commerce, 
particularly in Peru where it has had a positive impact on our MSMEs. However, in order to address 
concerns expressed by certain Members, discussions on the costs and benefits of this measure are 
welcome, highlighting how important it is for decisions to be  evidence -based.  
 
In terms of the  appointment process for vacant Chairpersonships , we hope that we will be able to 
elect new Chairs as soon as possible. With respect to the Committee on Agriculture in Special Session 
(CoA SS), we are confident that we will  be able to elect a Chair prior to the retreat convened for 
24 October.  
 
My delegation considers that the prompt filling of Chairpersonship vacancies is a matter of urgency, 
particularly those of the CoA SS and the Negotiating Group on Rules (NGR), given t hat the 
13th Ministerial Conference will be held in December of next year at the latest. Time is of the essence.  
 
Lastly, we reiterate our thanks to Ambassador Chambovey for his efforts. Rest assured of our 
delegation's readiness and commitment as we embar k on the work ahead of us.   
 
20. The Philippines  
 
The Philippines would like to thank the Chair for his briefing on the status of consultations. We 
support a two -track approach to comprehensive WTO reform: there should be strong engagement 
from the Permanent Representatives in examining strategic and cross -cutting disciplines while the 
Committees should also be encouraged to consider technical changes that would make their work 
more substantive and efficient. We likewise would support the organizatio n of a retreat or dedicated 
session where the Permanent Representatives can be both in listening mode and listen to invited 
resource persons as well as have a more informal channel to exchange views on core issues.  
 
We also thank you for your views on the e-commerce work programme. The Philippines supports 
the work programme 's reinvigoration and coordination of work under the four (4) WTO Committees. 
While we note the existing scope for the work programme, we wish to suggest that the membership 
consider a t hematic and crosscutting approach to the work programme 's implementation, including 
the organization of dedicated sessions focused on the sharing of member or regional experiences as 
well as engagement with relevant stakeholders.  
 
21. Switzerland  
 
Regarding th e WTO reform, we have an important mandate from the MC12 regarding all 3 functions 
of WTO. Improving the monitoring function requires to enhance transparency of trade policies and 
practices across the board. There are several proposals under discussion in the General Council and 
elsewhere. It is important to improve the functioning of the committees. Here also, engagement is 
required, in order to achieve progress. We should continue to engage in those work streams as 
potential outcomes would pragmatically i mprove the deliberative and monitoring function. And we 
welcome the idea that the different subsidiary bodies report on their achievements to the GC. On 
dispute settlement, which is a fundamental priority for us, we must intensify our exchanges to reach 
a mutually beneficial outcome by 2024. We agree that the informal process under way be given 
some time, in order to institutionalize it in a not -too-distant future. On the negotiation function, the 
objective is to enhance the organization 's ability to delive r results. We should explore ways on how 
negotiations can be conducive to meaningful outcomes where each member contributes in a manner 
consistent with its level of development. To that end, issue -specific S&DT architectures, effective 
technical assistance  and capacity building, and ways to integrate JSIs in the greater WTO system 
are tracks worth considering. Finally, we welcome the Chair 's suggestion for an informal space for 
discussion regarding the reform.  
 
Regarding e -commerce, Switzerland welcomes the  MC12 decision and believes that with this 
decision, WTO Members have come together and ensured that the WTO remains a relevant forum 
for discussion of 21st -century trade policy. We acknowledge the mandate to reinvigorate the work WT/GC/M/201  
 
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  programme "particularly i n line with its development dimension". We remain open to better 
understand which topics should be given priority to. On the structure of our work, the Work 
Programme provides clear guidance on how to avoid a duplication of work between the subsidiary 
bodies and the General Council. Accordingly, horizontal matters including the moratorium will be 
dealt with most efficiently under the GC. In this perspective, we welcome your intention to revive 
the 'dedicated sessions ', a format used in the past and that we see as conducive to efficiently 
structure the discussion. We are of course ready to engage on the different questions linked to the 
moratorium. These discussions should however not take place in a vacuum but should also be 
directly informed by how diffe rent stakeholder, including business on the ground, experience the 
moratorium.   
 
Regarding vacant chairmanships, we think that they must be filled as soon as possible. What matters 
the most is to keep the organization operational. We cannot afford to slow down our work because 
of vacant chairmanships. We therefore call on all members to show pragmatism in the appointment 
processes.  
 
22. United Kingdom  
 
Thank you – both to the Chair for your reports on your consultations, and for the words of the 
Director Genera l just now. Last week I was delighted to welcome a pretty big UK stakeholder 
delegation to the Public Forum here – together representing the interests of hundreds of thousands 
of British companies.   
 
They came to Geneva because the WTO matters. It delivers  predictability and transparency to its 
members, and creates jobs and growth in communities not just across the UK, but across the globe. 
And I want to say upfront how much they appreciate the work of the WTO, including the work of the 
Secretariat, in turn ing raw data in to accessible reports and resources; and they want to see more 
of that please DG. And they want to see more evidence -based decision making in this Organization 
right across the issues that we face.  
 
Top of British businesses ' agenda was - unsurprisingly - WTO reform; they want to see the WTO 
overcome its hurdles, to maximise its potential. And we agree - we want to see positive, practical 
changes that maximise the effectiveness of the WTO for all of us. And that must include, as so many 
have said here this morning, re -establishing a fully effective dispute settlement system mechanism. 
But we do need to give space, and a little bit of time, to the existing expert -led process to lay the 
groundwork for more formal decisions.  
 
In all this work, we want to keep working with, listening to, and learning from, Members across the 
development spectrum. And that includes those with the sort of capacity constraints that people 
have mentioned this morning.  
 
And I like to think we have a slightly uni que perspective on that. We 've had to get to grips, like 
many other recent Members, with the broader WTO system – from thousands of notifications, to 
interacting with Committees. And let me be clear that we appreciate we 're very fortunate to have 
probably rather more people than most delegations here in Geneva – but, to be honest, we have 
still found some of that to be a challenge. So we are absolutely in the market for new thinking, new 
ideas on how to make the WTO more user -friendly for Delegations big an d small.  
 
So thank you Chair for outlining next steps on WTO reform; we support your approach, and are 
ready to engage across the membership as we move forward.  
 
Just on the E -Commerce Work Programme, we are grateful for your consultations and remain 
commi tted to its reinvigoration, as our Ministers agreed back at MC12.  
 
E-commerce was another key theme last week the Public Forum. A whole series of panels provided 
examples of how digital trade delivers in right across the globe – from supporting women 
entre preneurs in Africa with reaching customers on the other side of the globe, to data helping small 
family farms optimise planting and harvesting practices.  
 
I think we should try and draw inspiration from these discussions and address some of the challenges 
raised through the Work Programme. We want to work with developing nations to identify which WT/GC/M/201  
 
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  topics they would see as most valuable to discuss. This may include, but should not be limited to, 
the customs duties moratorium.  
 
We want to work others over the coming weeks and months to develop a Work Programme that 
works for all, including businesses large in small across the developing world and the developed.  
 
23. Zambia  
 
My delegation associates itself with the Statements delivered by the Kenya on behalf of the ACP 
Group, Djibouti on behalf of the LDC Group and Cameroun on behalf of the Africa Group. Allow me, 
however, to make a few remarks in my national capacity on WTO reforms and e -commerce.  
 
Firstly, I wish to thank you Chair for your Report in particular on the consultations undertaken with 
member states on the WTO reforms. It was a very important exercise and we appreciate the open, 
inclusive and transparent manner with which you conducted these consultations. We hope that the 
consultations will continue in this manner to allow all member states to have an opportunity to 
present their views within the different configurations as well as through the auspices of the General 
Council.  
 
Secondly, I wish to thank the Director General for her well -articulated vision  and outline of her 
priorities with regard to the implementation of the outcome decisions of MC12. Madam DG, we will 
not say you are in a hurry because it is important that the decisions made at the last Ministerial 
meeting are implemented in order for MC1 3 to have meaningful outcomes.  
 
With regard to the discussions on WTO reforms, we remain committed and reiterate that the work 
on reforms must remain development centred and focused on addressing the systematic challenges 
within the WTO that have made it v ery difficult for member states particularly LDCs to fully utili ze 
the various preferential mechanisms that are available to them. Therefore, any work on reforms 
must be motivated by the desire to transform the WTO into an institution that is able to exped itiously 
respond to the needs of its members, particularly the least developed among them.  
 
With regard to what process should be put in place, my delegation hopes to see an inclusive, 
transparent and predictable process that takes into account the capaci ty constraints of small 
delegations in Geneva.  
 
Lastly on e -commerce, our view is that the focus should remain invigorating of the Work Programme 
particularly on addressing the development aspects aimed at bridging the digital divide. As a starting 
point, my delegation therefore wishes to propose that we request the WTO and relevant experts to 
assist with developing a comprehensive monitoring and evaluation tool that can be easily adapted 
to a country, and facilitate empirical assessments of costs an d benefits of the Moratorium.  
 
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