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TN/C/M/40  
 
9 June 2021  
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Trade Negotiations Committee  
3 May 2021    
 
MINUTES OF MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD ON 3 MAY 2021  
Chair person : Dr Ngozi Okonjo -Iweala  (Director -General)  
Contents  
 
1  STATEMENT BY THE CHAIR PERSON  ................................ ................................ .............  2 
2  REPORTS BY THE CHAIRPERSONS OF THE BODIES ESTABLISHED BY THE TNC  ...........  4 
3  STATEMENTS BY PARTICIPANTS  ................................ ................................ .................  9 
4  CONCLUDING SUMMARY BY CHAIRPERSON  ................................ ..............................  55 
 
Before proceed ing with the official business of th e meeting s, the Chair took a moment on behalf of 
the WTO Secretariat and in her personal capacity, to send sincere condolences and prayers to the 
family of the late President Idriss Déby Itno, and to the Government and people of the Republic of 
Chad.  
She also noted that o n Sunday the 25th of  April, former DDG Miguel Rodríguez Mendoza had passed 
away in Geneva. Many  delegates had known him. He had been an astute and politically savvy trade 
specialist, and a kind and generous mentor for many younger colleagues. H e would be sorely missed 
by the WTO community. Her thoughts and prayers, and those of the Secretariat, were with his family 
and friends.  
She also wished to say a word of support and encouragement to Member countries and jurisdictions, 
that were battling an upsurge in COVID -19, especially to India, Brazil, Nepal, and other countries. 
Her t houghts  and those of the Secretariat were with them . She noted how appreciative she and 
others were  that India had exported vaccines to many countries, developin g and developed, at a 
time when the vast majority of its people had not been vaccinated. She was  also proud of the way 
in which WTO Members had been  running to assist India and had  recognize d the need for this support 
and for solidarity . This was what the WTO Membership had to be  about - working together  and 
supporting each other. She thank ed Members for that.  
Before turning to the business of the meeting , she said that she had received word from several 
heads of delegations expressing concern about the me ntion of joint statement initiatives ( JSIs) on 
the convening notice that she had  sent out. She underst ood that some delegations might wish to  
make statements in this regard. She had underst ood that this had been  the way the situation had 
been handled the previous  time and there had been no harm meant to any delegation . It would be 
handle d appropriately this time. But  she underst ood if delegations wished  to set out their thoughts 
and feelings about the matter.  TN/C/M/ 40 
 
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  1  STATEMENT  BY THE CHAIRPERSON  
1.1.  The Chair  started by setting out some ideas for how  the present meetings would be conduct ed, 
with an eye to making the discussions more productive and results -oriented . If this work ed well, 
Members could consider repeating it in t he future  – making necessary adjustments as they move d 
along.   
1.2.  These suggestions were based on what she had observed in open -ended meetings of 
Ambassadors, including two formal General Councils and the previous  informal T rade Negotiations 
Committee (TNC) /Heads of Delegation s (HoDs) which had been  chaired by former Deputy Director -
General  Wolff.  
1.3.  On the positive side, she had  seen increasing hands -on involvement by Heads of Delegation 
on substantive issues, as in an informal open -ended meeting on fish eries subsidies  that she had 
been invited to by Ambassador Santiago Wills. On fish eries subsidies  and in other areas, there had 
been steps towards convergence – small, tentative steps but real steps – and direct engagement by 
Heads of Delegation had been a n important factor. Ambassadors  had put their notes aside and talk ed 
to each other, and she believed  that kind of exchange  had led to an opening up of the atmosphere.  
1.4.  This said, however, most meetings continue d to be marked by the repetition of well -known 
positions. As expert negotiators, delegations knew that talking past each other was not a recipe for 
finding solutions and delivering results at  the twelfth Ministerial Conference ( MC12 ) – even though 
success at MC12 was goal that had been  expressed by vir tually every Member that she had spoken 
to.  
1.5.  Many  Members had  signalled the desire for a fresh start with her appointment, and she took 
the current opportunity to thank  them. All she had  felt since she arrived , was enormous support, 
enormous goodwill, and a desire to move things forward. Members had  borne out what they had  
said that they had selected her because they wanted change. They wanted to appoint a reformer to 
assist Members  to deliver. That was what she was  trying to do. It would  not be perfect all the time  
and there would  be times when she would  make a slip up or a mistake. But she was o pen to feedback. 
If Members saw her  doing something,  they believed was not  right they could call her. M any had 
been in touch with her on various issues  and she appreciate d that. She would do her best to justify 
the reason Members had  selected her. When people told her that she had made history as the first 
woman and the first African Director -General,  she told them that  it was not her, but Members  that 
had made history . They had selected her because  they wanted change and she was  trying to do 
that, to support Members . Her intention from the first day  had been to work to create the conditions 
for Members  to achieve a successful 12th Ministerial Confe rence, beginning with important 
breakthroughs by July. This w ould require adjustment to the approach to meetings.  
1.6.  There were  about 10 weeks to the July marker. Less than six working months remain ed before 
the conference. In addition, the working environmen t would continue to be constrained by necessary 
health and safety precautions. In all, this mean t that Members  needed to engage much  more and 
change  their style so that they could  push forward with solutions. She was asking delegations  to do 
things differently to some of what they were used to  and to engage with each other more. She was 
aware  that there was unfinished business  and that many wished  to refer to the Doha Development 
Agenda  (DDA) . There  were other issues that she was  aware of, that were at the heart of some of 
the statements Members made . She was  aware of all that, and she was , as she often said not trying 
to be pollyannaish . That being said, she believe d that Members could  create parameters for success 
by engaging earnestly  with each other and starting to move towards the middle. As she had said  at 
the fisheries subsidies HoDs, delegations had to  roll up their sleeves and keep them that way until 
they deliver ed. A number of delegations had told her that they were willing to roll up their sleeves.  
1.7.  That was why the Airgram she had sent out  to notify delegations  of the TNC meeting provided 
for "exchanges" of views, rather than "statements". Delegations'  engagement ha d focused on 
highlighting gaps  and she s uggest ed that they now turn their focus to offering compromises and 
finding solutions. She suggested this because in the final analysis, delegations were  here for people, 
and were accountable to them and so they needed to deliver. The post -COVID economic recover y, 
like the current vaccine roll -out, threaten ed to leave many people and countries behind. An open, 
predictable market  anchored in a revitalized WTO  that deliver ed credible and concrete results would TN/C/M/ 40 
 
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  help in the  recover y in a better and  faster  manner . The WTO was a real and important part of this 
recovery.  
1.8.  She had observed , and maybe some delegations had  also, that the WTO was recently seen as 
increasingly part of the solution to tackling the pandemic and other global challenges. Over the past 
few days an d weeks, she had  had encouraging conversations with Ministers and Leaders who ha d 
reached out to talk about how they had heard of the WTO trying to help solve the health problem 
and make the link between health and trade, and help to deliver solutions to t he pandemic. The 
previous week, she had  had an excellent meeting with Chancellor Angela Merkel, who had reached 
out and she was grateful for the support she and the German government ha d shown and indicated, 
again anchored around th e issue that the WTO c ould be part of the solution on health, and was 
visibly being  seen as  just that. She was  mentioning this because she believed  that that was  part of 
changing the image, rebranding the organization, changing the conversation from a dysfunctional 
organization t o one that c ould actually be part of the solution.  
1.9.  She therefore  request ed delegations to bear in mind what these Leaders who had reached out 
had said – that they fel t the WTO could deliver for trade, the multilateral trading system, their 
membership and for people. As delegations move d along, she believed that if they bore this in mind, 
it would  help them move closer to solutions rather than gaps.  
1.10.   Therefore, she suggested that the me eting process in the following manner: first,  hearing the  
reports from the Chairs of Negotiating Bodies, including their assessments of how delegations  
needed to bridge gaps in light of July and MC12 ; second , she would  open the floor to delegations to 
exchange views on how to move the work forward, including on the issues that delegations were  all 
grappling with. In opening the floor, if Members wish ed to raise any other issues of interest, they 
were free to do so ; and, finally,  based on what she heard  from the discussions, as well as what she 
had been told in consultations with Chairs and Ambassadors, she would  offer her own thoughts on 
possible paths forward.  She would also  use this intervention to report on the event that she had  
hosted last month to exam ine how the WTO c ould contribute to scaling up COVID -19 vaccine 
production while ensuring equitable access. She thank ed the General Council Chair for the 
collaboration that the both of them had been having and for working in sync, to try to deliver for 
MC12. 
1.11.   The representative of India thanked the Chair for her kind words conveying support to India 
during the pandemic. He also thank ed Members for their support during this crisis. His delegation  
wished to flag a serious procedural issue contained in the meeting notice dated 27.04.2021 
convening the present Informal HODs meeting . It had been mentioned in the meeting notice that it 
was intended to invite the JSI  coordinators to provide their report s and assessment s, in context of 
delegations'  discussions on MC12 deliverables.  
1.12.   In this regard his delegation  wished to point out that  in the  TNC, the Director -General  could 
only deliberate on the mandated issues. Informal HODs meetings were not negotiating foru ms and 
had been started only to exchange information on non -mandated issues, for the sake of 
transparency. This point had been made clear by the previous Director -General  when he started 
convening Informal HoDs together with TNC in July 2017. In this regar d, he drew attention to the 
discussions that  had taken place in the Informal HOD’s meeting of 25 July 2017, when a number of 
delegations had raised concern over convening of Informal HODs, as they had seen this as a 
backdoor for bringing in non -mandated is sues. The delegations had questioned creation of a parallel 
structure competing with TNC without a mandate, since the Ministerial Conference was the only 
authority that could create a negotiating forum. In his response, the then Director -General  had 
explai ned that the TNC was the sole negotiating forum. He had categorically stated that the Informal 
HODs was not and w ould not be a negotiating forum, as such a negotiating forum c ould only be set 
up with an express ministerial decision.  
1.13.   Therefore, while his de legation had no objection to the continuation of the existing practice 
of JSI coordinators presenting their oral reports while delivering their country statements, it object ed 
to any discussion or mention from  the TNC Chair on JSI’s or any other non -mandated issue at this 
informal TNC/HODs meeting. Also, for the Head of the TNC, it was not appropriate to engage on the 
JSIs, both inside and outside the Informal HODs framework. His delegation had hoped that 
colleagues at the Secretariat should have guided her on this matter.        TN/C/M/ 40 
 
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  1.14.   The Trade Negotiations Committee took note  of the Chair's statement  and that of the 
delegation of India  
2  REPORTS BY THE CHAIRPERSONS OF THE BODIES ESTABLISHED BY THE TNC  
2.1.  The Chair said she had con vened a virtual meeting of the Chairs of Negotiating Bodies  the 
previous Thursday  to prepare for t he present meetings. The  chairs  had discussed efforts to advance 
work in their respective areas.  Some of them reported that  they had nothing new to report, gi ven 
the absence of activity and new proposals.  While not a priority for the present  meetings, she believed 
that Members  needed to reflect on how to approach areas that ha d not had traction in a long time.  
Going through the motions, year in, and year out, d id not achieve much for anyone. She was  sure 
Members would return to this issue, perhaps at another time.  
2.2.  The Chairs facilitating Members'  efforts on fisheries subsidies (Ambassador Santiago Wills ); 
agriculture  (Ambassador Gloria Abraham Peralta); special and differential treatment  (S&DT) 
(Ambassador Kadra Hassan) and services (Ambassador Zhanar Aitzhanova) had reported on recent 
developments.  She would therefore invite these four chairs to update Members  on dev elopments 
since their reports in February. She also requested  them to share their reflections on where they 
had seen convergence, where the gaps l ay, and what was needed to bridge these gaps in light of 
the imminent July marker and MC12.   
2.3.  Ambassador Santia go Wills  (Colombia ), Chairman of the Negotiating Group on Rules  (NGR) , 
reported that since his report to the TNC in February, the N GR had continued to work hard and with 
the objective of delivering a result on fisheries subsidies as soon as possible.  In particular, they had  
held two week -long clusters of meetings, during the weeks of 15  March and 12  April, intersessional 
meetings in different configurations, and he had  held a number of consultations with different 
delegations as well as with the Director -General.  
2.4.  During the March cluster week, much of the NGR's work had focused on: a possible exemption 
based on the geographical area where the fishing activity took place; and the overcapacity and 
overfishing pillar, in particular Article 5.2 of the draft consolidated document. He had a lso held 
consultations on S&DT and a small group meeting on notification and transparency during that week.  
2.5.  On 8 April, he had  conven ed an intersessional plenary meeting to discuss the prohibition of 
subsidies to fishing on overfished stocks. This topic had not been discussed since June last year 
because many Members had pointed out that the work on overfished stocks would be more focus ed 
and productive once there was more clarity on the disciplines in the overcapacity and overfishing 
pillar. The meeting held had been  very constructive. Delegations had discussed the current draft 
text and also ideas of various textual suggestions that we re proposed during the meeting.    
2.6.  The April cluster of meetings had been  organized at the level of H oDs. The meetings had been  
conducted in series of small -group sessions looking at three key issue areas where Members  seemed 
to have exhausted the technical discussions and needed higher -level attention to make progress on 
finding convergence. Those were:  a possible exemption for s ubsidies to subsistence, artisanal, or 
small -scale fishing; due process requirements for illegal, unreported and unregulated fishing 
determinations; and the approach to the overcapacity and overfishing prohibition.  
2.7.  Finally, the previous  Friday, 30 April, he had  called a small in -person HoDs meeting to discuss 
the approach to S &DT, with the presence of the Director -General. Advancing the discussions on 
S&DT at the same time as the work on the disciplines was crucial. In addition, more clarity on S &DT 
would help to clarify the discussions on the substantive disciplines and other provisions, including, 
for example on a possible exemption for subsidies to subsistence, artisanal or small -scale fishing. 
While the meeting had not been aimed at any outcome, it never theless had been  a useful and 
constructive exchange that he was  continuing to reflect upon.   
2.8.  Overall, he had  found all the discussions and different meetings held in the past couple of 
months very useful in drawing out the details of the various points of view on different topics. 
Members had  thus further refined their understanding of the remaining issues that they now need ed 
to resolve. He also note d that some useful bridging suggestions have been made on some topics, 
which ha d provided additional food fo r thought.  TN/C/M/ 40 
 
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  2.9.  On where Members were presently, a s he had  announced at the end of the April cluster, that 
had been  the last such cluster of meetings. As the negotiations were now in the endgame, the 
process need ed to change. As Members  move d fully into this n ew phase, he express ed appreciation 
to delegations for their tireless engagement in all of those clusters and other technical meetings, 
which had permitted them to make much  progress since the past  June. That said, technical work 
had been taken as far as it could , and Members now need ed to switch to a real decision -making 
mode. To this end, as he had  announced at the end of the cluster, the Director -General and he would  
be inviting Ministers to a vi rtual meeting in July with the aim of reaching agreement on the fisheries 
subsidies outcome.  In preparation for that meeting, they were  now working at the level of H ODs and 
were in a continuous negotiating mode. The idea of this work was to present to Mini sters a complete 
and very clean text with few if any decisions left to be taken.  
2.10.   To get from where Members were  to such a text, it was clear that between now and then 
Members would need a new cleaner text on which to work, which capture d the progress that  
Members had made since the current text had been  issued in December last year. To this end, he 
had been taking careful notes of all Member's comments and views on different issues in all of their 
work thus far this year, and he intend ed to produce a text that w ould suggest compromise outcomes 
on the outstanding issues, based on all of Members'  discussions on these issues. As he had  said 
often, time was running out. Members had to  make concrete progress quickly, and in his view a 
draft text of this type rep resent ed the best way to do that.  
2.11.   Once Members had  that text, he would  be calling on H oDs to engage intensively on that basis, 
in a compromise -seeking, convergence -oriented mode, aimed at quickly finding acceptable landing 
zones on all remaining issues. Therefore , following on what the Director -General had already 
suggested, he would ask delegations  to give these negotiations priority, and to be ready to meet at 
short notice and in a range of different configurations - be it small -group consultations, 
confe ssionals, or plenary sessions, including with the engagement of the Director -General  as 
appropriate – as well as bilateral consultations, which he was  continuing to hold th e present week. 
He appreciate d and count ed on delegations'  flexibility, as to substa nce and process, as they headed 
into this intensive phase of work.  
2.12.   As for the timing of the new text, he would  be inviting H oDs to a meeting the following 
Tuesday, 11 May where he would  present the text and provide a detailed explanation of his 
understanding of every provision as well as of the changes made from the current draft consolidated 
document. He would send the invitation for that meeting the present  afternoon.  
2.13.   Before concluding , he wished to  add a couple of additional remarks.  In his view, after 20 years 
of negotiations, it seem ed like Members had grown accustomed to keep ing this ball rolling in a never -
ending process. Out of 26 years of existence of this organization, they had  been negotiating on this 
topic for 20 of those years – that was more than three quarters of the WTO’s lifetime until now. It 
was therefore natural to have  grown accustomed to seeing  meetings scheduled on the screens inside 
the WTO building or in the WTO we bsite; to receiv ing emails from the NGR chair inviting delegates 
for discussions, and even to these reports. It  was almost as if for 20 years Members had  been stuck 
in a hamster wheel: continuously running, continuously working, continuously negotiating , but 
getting nowhere.  
2.14.   But he felt that  this ha d changed  - in July last year, when despite the pandemic, the NGR had 
taken a bold and important step, accepting to work on the basis of a single consolidated document. 
This step had been  taken at the Ho Ds level,  with great demonstration of leadership from the part of 
all Members . Since then, tangible progress ha d been made  that had been reflected in that text and  
had helped delegations  drive their discussions forward. It was now, on the basis of  this progress - 
that as he had mentioned earlier,  he intend ed to capture in the upcoming text - that the NGR seem ed 
set and determined to successfully conclude the negotiations.  
2.15.   Yet important and tough work remain ed to be done  and in a short period of ti me. Therefore , 
it would be also be intense. The hamster wheel ha d become an Olympic track. Heads of Delegation  
had been able to turn the hamster wheel into an Olympic track  and the NGR was now coming out of 
the last curve. It was  entering the final stretch . He therefore urged Members to find the energy and 
the will to cross the finish line and get this done. He urged delegations to keep moving on the right 
track, not miss this opportunity  and show leadership. All that he had  shared with delegations at the 
present meeting , and the plans ahead, were based on a simple premise, namely: that he believe d TN/C/M/ 40 
 
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  Members  when they said  - in most if not all meetings – that they wanted a meaningful outcome 
soon. He called on them to deliver.  
2.16.   Ambassador Gloria Abraham Peralta  (Costa Rica ), Chairperson of the Committee on 
Agriculture in Special Session (CoA SS) , said that  as on previous occasions, she wished  to focus on 
the process and then on substance  in her report . Since the past  meeting, the CoA S S had held two 
meetings on 10 March and 23 April followed by the dedicated sessions on public stockholding for 
food security purposes ( PSH) and the Special Safeguard Mechanism ( SSM) on 28 April.  
2.17.   As Members  knew, the topic-by-topic facilitators -led process  had been going on for half a year 
now. The work by facilitators ha d intensified significantly in recent months and they ha d made five 
monthly reports on their activities to the full Membership.  In addition to their bilateral consultations, 
facilitators ha d conve ned several meetings in various formats, including open -ended meetings and 
small groups consultations. Several additional meetings were scheduled to take place in the coming 
weeks.  This facilitators' led process was technical in nature and intended to prep are the ground for 
an outcome on agriculture at MC12.  She commend ed the group of facilitators for their outstanding 
work.  
2.18.   All Members  knew this was not going to be an easy task. In her view, they ha d made the best 
possible use of the time available to delve deeper into the different technical issues, improve the 
understanding of each other's positions and concerns, and explore pragmatic ways to narrow gaps 
and identify options to make progress.  As for eseen, now that Members were  approaching the 
Ministerial Conference with fast speed, it was time to change gear and she had  confirmed her 
intention to wrap up this process at the end of May.  She had asked the facilitators to prepare their 
final summary rep orts by early Ju ne. These reports w ould be circulated to all Members. She expect ed 
the reports to contain factual information on the state -of-play on different negotiating topics, as well 
as views on the way forward, where possible.   
2.19.   Based on these reports , her aim was to circulate subsequently her own state of play 
consolidated report, prepared under her own responsibility, highlighting the potential elements for 
an agricultural outcome at MC12. These reports w ould be discussed at the June CoA  SS meeting. 
The CoA SS would thus move to a comprehensive, integrated high -level negotiating phase and 
engage in a more holistic discussion on all issues.  The purpose would be to work on a first draft text 
for a possible outcome at MC12 with the appropriate balance an d level of ambition across the various 
topics.  Her objective was to be in a position to circulate a first draft text before the summer recess.  
2.20.   On substance, domestic support remain ed the focus and priority for the Membership.  Several 
Members, such as Costa  Rica and Brazil ha d used the facilitators '- led process to present their work 
on domestic support, and one more Member was expected to do so shortly. However, divisions 
remain ed regarding how to reduce trade distorting support, what should be included, and where  to 
start from. A group of Members ha d therefore proposed an agreement at MC12 on an overall 
objective with some parameters for a future reduction to be included. However, n o single idea ha d 
been attracting consensus so far.  
2.21.   Many Members ha d also stressed the critical importance of food security, notably due to the 
on-going pandemic context, which according to some Members ma de the search for a permanent 
solution on PSH by MC12 even more urgent. Active discussions ha d taken pla ce in the Facilitator -led 
meetings, however more  efforts and political  will would be needed to narrow the gaps.  Food security 
was also the main underlying goal in the discussions on Export Restrictions, both in relation to a 
draft Decision not to impose ex port restrictions on foodstuff purchased by the World Food 
Programme  (WFP)  as well as on related transparency and clarification elements. As Members  were 
aware, a consensus could not be reached at the end of December last year on the text of the WFP 
Decisi on and more work was still required.  Food security ha d also been mentioned by some Members 
on other topics such as S SM and Cotton.  
2.22.   Some Members consider ed that in view of the remaining divergences on some fundamental 
issues, in particular on domestic support, it was difficult to envisage an outcome going beyond 
incremental steps.  In their view, these steps should be mainly focused on transparency -related 
components or outcomes by MC12, together with few additional deliverables and guidelines for the 
work af ter MC12.  Discussions ha d taken place on such transparency -related deliverables in Market TN/C/M/ 40 
 
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  Access with issues such as change in applied duties and goods en route and tariff simplification, as 
well as in Export Competition, Cotton and Export Restrictions . 
2.23.   In short, Members were  reaching a stage where it was imperative that they built on the 
technical work to identify the elements and options likeliest to attract consensus.  To this end, they 
needed  to come as soon as possible to a shared understanding on what would constitute the 
appropriate level of ambition and what was required to r each balance across the various topics.   
2.24.   It was now time for political impetus and leadership, including engagement at Ambassadors' 
level. She intend ed to intensify in the coming weeks her consultations with HoDs to prepare the 
ground for this next phase. She would  continue working in close cooperation with the TNC Chair  and 
thank ed her  for her support and engagement.  
2.25.   Agriculture was key to the lives of millions of people all over the world. The vital importance 
of an outcome on agriculture at MC12 benefici al for poor , rural, and urban population s, global food 
security and a well -functioning less distorted multilateral trading system ha d been emphasized on 
many occasions by Members. It was now time to turn words into deeds.  
2.26.    Ambassador Kadra Ahmed Hassan  (Djibouti ), Chairperson  of the Special Session of the 
Committee on Trade and Development  (CTD SS), said that  earlier this year, she had  launched a 
series of informal, open -ended meetings of the CTD SS. The purpose of these meetings, of which 
there w ould be five, was to explore how to move forward on the ten proposals on S&DT submitted 
by the Group of Ninety ( G-90). In each meeting, delega tions were being asked to focus on two 
proposals, so that over the course of the five meetings, an in -depth discussion w ould have taken 
place on all ten proposals.  
2.27.   In order to have a constructive and focused series of meetings, she had  requested delegation s 
to approach the discussion on each proposal on the basis of two questions. Delegations ha d firstly 
been asked for their views on which elements of each proposal convergence  might  be found. They 
had also been asked to consider where the difficulties l ay in each proposal and why, and how could 
these be overcome.  
2.28.   The first in this series of meetings had been  held on 8 February and  focused on the proposal 
concerning the Enabling Clause and the proposal concerning least-developed countries ( LDCs) 
accession. Th e second meeting, which had been held on 12 March, had focused on the proposals 
concerning the TRIMs Agreement and Article 66.2 of the TRIPS Agreement. The third meeting, which 
had been  held the previous  week – on 27 April – had focused on the proposals co ncerning the TBT 
Agreement and the Customs Valuation Agreement.  
2.29.   In the three meetings that have been held so far, she had  not detected a significant shift in 
positions among delegations. Some Members continue d to express their support for the proposals, 
which they believe d could provide a good basis for further discussion. However, some others 
continue d to note that essentially the same proposals that ha d been discussed on several previous 
occasions – and on which the same concerns exist ed – remain ed under discussion in the CTD SS. 
The view of these Members was that there was little scope to make progress in the CTD SS on the 
basis of these proposals. She had  noted the frustration and disappointment on both sides that ha d 
been caused by this state of affairs.  
2.30.   Furthermore, she regret ted to say that she had  not seen the level of engagement that she 
had hoped  for on the substance of the proposals. As she underst ood it, the delegations that ha d 
concerns on these proposals were not willing to engage in disc ussions on substance, since these 
proposals ha d already been considered before. Some of these delegations ha d called for new 
approaches in the CTD SS, or for different proposals to be tabled for Members' consideration.    
2.31.   At each meeting, she had  reiterated to Members the importance of finding a way forward in 
these negotiations, and in this light she had  encouraged delegations to work together to identify a 
new approach to the work in the CTD SS which would be acceptable to all. However, she had  also 
stressed that it was in the hands of Members to find this way forward. As Chair, she could  convene 
meetings and facilitate as many discussions as are needed, but it was ultimately up to Members to 
show the necessary flexibility and political will to c ollaborate, so as to collectively determine how the 
work in the CTD SS c ould advance.  TN/C/M/ 40 
 
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  2.32.   Her assessment at this time was that, unless there was real engagement on the substance by 
all Members, they might  not be able to make the progress need ed in the followi ng weeks and months 
in order to have a concrete outcome on the ten G -90 proposals on S&DT at MC12. She therefore 
urged  all Members to engage constructively as they saw  through the two-remaining  informal, open -
ended meetings in the CTD SS. It was her  hope that this m ight allow some clarity to emerge on 
what the next steps might be. She would  also continue to reach out to Members to hear views in 
this regard.  
2.33.   Ambassador Zhanar A itzhanova (Kazakhst an), Chairperson  of the Council for Trade in 
Services in Special Session (CTS SS) , report ed on the most recent discussions in the Special Session 
and provide d views on how she saw  the process on services in the following  months.  This 
intervention was made under her own responsibility.  
2.34.   Since her last report to the TNC in December, the Special Session had held an informal 
meeting on 18 March to discuss a communication from the ACP Group. This paper had discussed 
various sectors affected by the pandemic in ACP  countries, including tourism, ICT and other digital 
services, air transport, retailing, performance, professional and education services.  The paper had 
noted the impact of the crisis on trade in services in those sectors and, in particular, the challenges  
faced by ACP countries.  The Group had highlighted how greater trade opportunities in those sectors 
were important for economic recovery and brought attention to some trade barriers and other 
obstacles that it wished to see addressed.  
2.35.    The paper had elicited good exchanges. A few key points stood out, in her view:  - first, 
various delegations had indicated that their services sectors and trade had been similarly impacted, 
and that services trade and services sector growth w ere key to recovery.  Second,  the contribution 
of digital services trade, as well as the importance of recovery of more traditional services sectors 
and forms of delivery for post -pandemic economic prospects had been  highlighted.  Third, the 
importance of transparency and predictabilit y of trading conditions, and of greater trade 
opportunities, had been  emphasized by a number of delegations. In this respect, the value of greater 
GATS commitments had been underscored.  Fourth, the relevance of flexibilities for developing 
countries in any  negotiation had also been emphasized and some delegations  had underscored the 
importance of working to strengthen support for developing countries in services trade.  
2.36.    The meeting had also featured further discussions on papers presented in 2020 in the con text 
of exploratory discussions on market access. These papers addressed environmental services, 
agriculture -related services, logistics, and financial services.    
2.37.   On where Members stood  and on possible next steps , she believed that the exploratory 
discuss ions, prompted by Members' written submissions,  had contributed to a better understanding 
of the services trade interests of various Members as well as the role of those sectors in today's 
economic and trade environment, including in the context of efforts  to support economic resilience 
and recovery from the pandemic. In addition, discussions had brought out a number of key 
development considerations in each of the sectors.  Finally, delegations that ha d reservations about 
negotiations or liberalization had also been able to express their views.   
2.38.   At the previous  meeting of the CTS SS, she had  invited Members to consider next steps, 
looking to, and beyond, MC12.  Continuing exploratory discussions of interest in the context of the 
built-in negotiating mandate u nder GATS Article XIX was an option. But other suggestions on the 
way forward could be put forward and discussed, including those relating to the role of services trade 
in the post -pandemic economic recovery.  
2.39.   She would  undertake consultations with Members  over the following  weeks and intend ed to 
convene a meeting towards the end of June. These steps would allow Members  to see the path they 
might  wish to follow, and the work they wish ed to lay out for themselves in the months leading up 
to MC12 and beyond.  
2.40.   The Trade Negotiations Committee took note  of the reports by the Chairpersons of the bodies 
established by it.  TN/C/M/ 40 
 
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  3  STATEMENTS BY PARTICIPANTS  
3.1.  The Chair reiterated that she expected a solutions -oriented engagement. To help focus 
discussions in light of the reports that Members had just heard, she provide d some guidance. She 
would be interested in hearing their thoughts about their top -most priorities for MC12. The 
contributions they were prepared to make to achieve those priorities including how and when they 
would address issues that would not mature by MC12. In light of the pandemic's impact on every 
Member and region, she was also interested in hearing views on how Members should address the 
spectrum of trade issues relating to public health crises – an item of crucial importance. After their 
interventions, she would make her overall assessment as TNC Chair and Director -General, including 
some suggestion s on the way forward. She hoped that the discussions would start to inform 
Members'  collective reflection so that by the end of July there would be clarity on which specific 
areas their efforts should focus in the autumn and how to move forward.  
3.2.  The repres entative of Morocco , speaking on behalf of the Informal Dialogue on Plastics Pollution 
and Environmentally Sustainable Plastics Trade , noted that the Informal Dialogue (IDP) had been 
launched in November during the CTE's Trade and Environment Week. Its goa l was to provide a 
dedicated platform where Members could explore – through the exchange of ideas, information, and 
insights how the WTO could contribute to domestic and global effort to tackle plastics pollution and 
transition to more circular and sustain able plastics trade. The IDP was open to all interested 
Members. Morocco urged all delegations to actively engage in the work th is year.  
3.3.  On 29 March, the IDP had held its second meeting focusing on the topics of transparency and 
international cooperation.  Co-sponsors had been honoured with the presence of the Director -
General, who had  remind ed them of the urgency of addressing the growing plastics pollution 
challenge. In the course of the meeting, it had been pointed out how identifying the role of trade, 
trade policy and the WTO in contributing to national and international efforts to tackle plastic 
pollution had offered a concrete way for them to demonstrate that the WTO could still be a positive 
force in addressing 21st century challenges of widespread p ublic interest.  
3.4.  It had also been agreed that the transparency and international cooperation exercises provided 
an indispensable first step to identifying key constructive entry points where action on trade would 
be most effective, avoiding duplication and  amplifying action in other fora. Moreover, the participants 
had noted the importance of marrying enhanced transparency with technical cooperation and 
capacity building, in particular for developing country Members that often struggled to correctly 
identif y inflows and outflows of plastics. The meeting had also offered an opportunity for delegations 
to be briefed by relevant institutions on their ongoing and projected work on the topic. Useful 
information had also been shared by the Secretariat from the WTO  Environmental Database on 
environment -related measures affecting trade in plastics notified to the WTO.  
3.5.  The cosponsors considered that MC12 offered a unique opportunity to collectively demonstrate 
the important work developed on the topic since at least 2019 in the CTE and through the IDP. To 
that effect, they had shared with Members a draft "Roadmap and possible outcomes by MC12". In 
it, they suggested that the next IDP meetings would focus on the other topics identified in their 
initial statement. The n ext meeting, co -chaired and coordinated by Barbados and Ecuador would 
potentially focus on strengthening policy coherence, assessing capacity and technical assistance 
needs and identifying the scope for collective approaches. They also planned on working t owards an 
MC12 Ministerial declaration based on a factual report to be developed throughout the year. They 
were off to a good start. But there was much more work ahead of them to ensure a successful 
outcome by MC12. Morocco urged all delegations to continu e to engage constructively and actively. 
Together they could and should do their part in helping address that growing challenge.  
3.6.  The representative of Iceland , speaking on behalf of the Informal Working Group on Trade and 
Gender , recalled that the Informal  Working Group (IWG) had been created in the WTO on 
23 September  2020. Its work was based on the objectives of the 2017 Buenos Aires Declaration on 
Trade and Women's Economic Empowerment and of the Interim Report establishing the Informal 
Working Group (WT /L/1095/Rev.1). Its work was based on four pillars: (i) experience sharing, (ii) 
considering the concept and scope for a "gender lens", (iii) reviewing analytical work undertaken 
and (iv) contributing to the Aid for Trade Work Programme.  TN/C/M/ 40 
 
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  3.7.  At its first 2021 meeting, on 26 February , the IWG had adopted a Work Plan 
(INF/TGE/W/1/Rev.2) to help its Members advance on technical work and to inform an MC12 
outcome. It serve d as a planning guide for the work th is year and to organize and focus the Group's 
activities towards MC12. The technical work focused on acquiring a better understanding of the trade 
and gender nexus and how gender was integrated into Members' trade and trade policies. Each 
meeting of the first half of 2021 would focus on each of the four work pil lars. 
3.8.  The IWG had already taken up two pillars, namely (i) review of analytical work; and (ii) sharing 
of national experiences. On review of analytical work, in addition to the presentation of the 
WTO/World Bank joint report on their data and research effo rts on trade and gender – entitled 
"Women and Trade: The Role of Trade in Promoting Gender Equality" – Members had shared 
information on : data and gathering statistics, the correlation between higher per capita income and 
better gender equality at the nati onal level, women's participation in the services sector, the Global 
Trade and Gender Arrangement between Canada, Chile and New -Zealand, gender equality and 
standards development, on gender chapters in Free Trade Agreements (FTAs) and current research 
done by Members on how trade and export sector support women's jobs, the impact of trade on 
women and the under -representation of women and women entrepreneurs in trade.  
3.9.  On experience sharing, Members had discussed trading experience of the Association of 
Waorani Women of the Ecuadorian Amazon who made cacao and palm fibre products in order to 
shift away from the unsustainable hunting of wildlife, export training and networking programs for 
women and young entrepreneurs, applying gender -based analysis to trade  agreements to help 
negotiators and policymakers assess how diverse groups of women and men would be impacted and 
experience on securing the welfare of women avocado farmers in agricultural negotiations in 
Mauritius and efforts by the government and develo pment partners to assist women entrepreneurs.  
UNCTAD had relayed findings from its gender impact analysis of the economic integration in the East 
African Community Customs Union and Common Marke t had reported on the trade impact of COVID -
19 on women noting  for example that 57% of working women in Latin America were employed in 
sectors with higher risk of economic disruption compared to only 41% of working men.  
3.10.   Regarding MC12, the substantial technical work currently taking place until July would inform 
the content of the MC12 outcome. The Co-Chairs believed that the IWG Members could already 
consider and adopt a framework supporting the concrete actions and the substantial focus that would 
be included in the MC12 outcome of the IWG. Therefore, the Co-Chairs had issued a proposal for a 
"Framework to deliver an ambitious Ministerial outcome on trade and gender for MC12 and beyond" 
(INF/TGE/W/3) circulated on 30 April. The framework was based on four  points.  
3.11.   First, the IWG on Trade and Gender could adopt a Joint Ministerial Statement with supporting 
recommendations, combined with a roadmap taking work beyond MC12 and towards MC13. 
The package should include concrete actions. Second, the IWG on Trade and Gender could also start 
to expand and promote participa tion from all WTO Members. The  Co-Chairs proposed that they 
gathered additional support from non -Group Members and invited them to join the IWG on Trade 
and Gender before or at MC12. Gradually, expanding participation to the whole WTO Membership 
could cons titute one of the key goals and actions of the proposed roadmap.  
3.12.   Third, given the limited time towards MC12, the Co -Chairs had proposed to begin working, 
with the Secretariat, on a first draft of the Joint Statement and Roadmap that would include various 
options and proposals for the Members of the Group to consider. The draft would be based on the 
IWG on Trade and Gender's current technical discussions and Work Plan. Co -Chairs proposed to 
share the draft proposal with the IWG on Trade and Gender before th e summer break to deliver a 
final outcome before the end of November and for Ministers to adopt at MC12.  
3.13.   Fourth, ensuring visibility was also key. Therefore, the Co-Chairs had proposed to create the 
same level of traction and involvement that the WTO had had at Buenos Aires in 2017 and to organize 
a high -level and pivotal event to launch the IWG's Joint Statement and the Roadmap, with the idea 
of inviting an intern ationally recognized gender champion to support the IWG's MC12 outcome and 
work. Members of the IWG intended to discuss the issue further at the next meeting on 23 June, 
where they would also focus on considering the concept and scope for a "gender lens" a nd how it 
could apply to the work of the WTO.  TN/C/M/ 40 
 
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  3.14.   The representative of Uruguay , speaking as Coordinator of the Informal Working Group on 
Micro Small and Medium Enterprises (MSME s), recalled that, as had been reported at the last TNC 
meeting in February, the G roup had worked hard last year to finalize a package of six non -binding 
recommendations and declaration on the collection and maintenance of MSME -related information 
in Trade Policy Reviews (TPR s), support for the ITC -UNCTAD -WTO Global Trade Helpdesk, 
implementation of the T rade Facilitation Agreement (TFA) , MSME inclusion in regulatory 
development, support of the WTO Integrated Database Decision and consideration of the trade -
related aspects of MSME access to finance and cross -border payments.  
3.15.   The package  had been adopted on 11 December and was currently endorsed by 96 WTO 
Members and Observers including seven that were not official members of the MSME Group. The 
latest version had been circulated on 18 March and was available in document INF/MSME/4/Rev.1.  
Implementation of the package was clearly a priority, but the  group was  also thinking about new 
issues, and MC12 deliverables. The endorsement of the December MSME package was a deliverable 
in itself. Good progress was being made on the development of the  Trade4MSMEs platform. The 
platform looked to support MSMEs and policymakers by bringing trade -related information together 
in one place and linking to reliable information resources. The platform should be ready to be 
launched at MC12. It would be one con crete MSME deliverable for MC12 that reflected well the spirit 
in which the  group  worked – a spirit of pragmatism in a solutions -oriented mode.  
3.16.   The MSME Group worked as an incubator of ideas. But it was more than that. It was both a 
think tank and a "do ta nk". Its objective was to generate concrete deliverables through actionable 
recommendations, soft law and tangible solutions to improve the participation of MSMEs in 
international trade. The Group was also working on a Ministerial Declaration that would ta ke stock 
of progress achieved and pave the way for their work in the coming years. The Group hoped that 
many Members would join and work with it to help MSMEs. Its next meeting would take place on 4 
May and was open to all interested Members. The Group tha nked Dr  Ngozi for accepting its invitation 
to talk to the Group.  
3.17.   The more Members join ed the MSME cause, the more impact they could have on their MSMEs, 
and in turn on their economies, people  and future. The current pandemic had had a devastating 
impact on  small businesses. MSMEs needed Members more than ever in those difficult times. The 
MSME agenda was above all an inclusiveness agenda. It was also a resilience agenda. Helping MSMEs 
weather the current crisis was essential to build economic resilience. By  delivering on MSMEs, th e 
group  sent a strong message that the WTO and all its Members cared about small businesses, their 
economies and their people.  
3.18.   The representative of Saudi Arabia , speaking on behalf of the Arab Group , said that, in the 
following months, Members needed more than ever to intensify their efforts and to engage in a 
solution -oriented mode with the sense of urgency and necessary flexibility to achieve consensus that 
would lead to positive outcomes for MC12.  Looking ahead towards MC12, on C OVID -19 pandemic 
and the vaccines – a priority area for the Arab Group, the WTO could play an important role in 
ensuring global supply chain s of critical medical products and making vaccines available for all 
Members in need. The Arab Group joined Dr  Ngozi  in highlighting the importance of equitable 
worldwide access to COVID -19 vaccines for economic growth and  trade to bounce back from the 
pandemic, especially in developing  countries  and LDCs. Members needed to come together and avoid 
the temptation of vacc ine nationalism because the health of people and the economy would not be 
safe until everyone everywhere had access to the tools necessary to end the pandemic.  
3.19.   The second priority area was fisheries subsidies. The Arab Group thanked the Chair, 
Ambassador W ills, for his efforts and his report of the state of play of the fisheries subsidies 
negotiations. The Group had been encouraged by the constructive engagement among  HoDs and of 
Dr. Ngozi's constructive participation during the last NGR cluster. The Group welcomed her call for 
a Ministerial Meeting in July that would focus on fisheries subsidies. Members needed to capitalize 
on that momentum and on the Membership's willingness to conclude the fisheries subsidies 
negotiations as soon as possible. It would be important to narrow the gap of differences among 
Members' positions and try  to find common ground and landing zones in order to generate consensus 
and to present a complete and clean text to Ministers in July. Allowing more policy space for 
develo ping Members to develop their domestic fisheries in those negotiations would lead to a 
successful conclusion.  TN/C/M/ 40 
 
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  3.20.   The third area was WTO Reform. Active engagement, strong political will and full 
understanding of the scope and elements of proposed reforms were required to advance WTO 
Reform. The Group also underscored the importance of a well -functioning Dispute Settlement Body  
(DSB)  and encouraged all Members to double their efforts to find ways to restore the proper 
functioning of the WTO dispute settlement sy stem. The fourth area was agriculture. The Arab Group 
welcomed the work done by Ambassador Abraham and the facilitators of the specific groups. That 
work was helping Members to clarify their priorities and to focus on realistic outcomes for the 
Ministerial  Conference. The Group encouraged all Members to engage constructively in the technical 
discussions in order to achieve a successful outcome in that crucial issue.  
3.21.   Accession to the WTO could present a window of opportunity to acceding countries to integra te 
beneficially into the global economy. The Arab region was one of the areas of the world with the 
largest number of countries outside the multilateral trading system. Of the 22 members of the Arab 
League, thirteen countries were WTO Members and eight cou ntries were in the process of accession. 
MC12 should be an opportunity to deliver in that area to ensure more universality of the organization, 
particularly for those who were still in the process of accession. The Group also underlined that LDC 
accessions  should be conducted under a "fast track" approach. The Arab Group stood ready to work 
constructively with Members towards successful outcomes at MC12.  
3.22.   The representative of Tunisia  supported Dr  Ngozi's pragmatic and realistic approach to 
seeking solution s to reach deliverables at MC12. Agreeing on the priorities for MC12 was increasingly 
becoming an obligation especially as time was limited during that final stretch. Tunisia endorsed Dr. 
Ngozi's comments on measuring success of MC12 in relation to the qua lity of the final document 
which should be consistent with the overall objectives of the Marrakesh Agreement and include a 
clear message on how the WTO intended to contribute to post COVID recovery. Tunisia agreed with 
the African and the Arab priorities i n calling for: a WTO response to the COVID -19 health crisis 
including a decision on the waiver to the TRIPS Agreement and the implementation of short - and 
long-term economic recovery actions.  
3.23.   Second, an agreement on agriculture respecting the commitments emanating from the Doha 
mandate, reaffirmed by all subsequent Ministerial Conferences, and in particular with regard to 
addressing trade distorting domestic support while preserving the flexibilities granted to LDCs and 
net food importing developing countr ies (NFIDCs ), a permanent outcome on PSH f or food security 
purposes covering all future programmes – not only current ones and targeting products other than 
traditional agricultural products, the implementation of the Nairobi mandate on SSM, an outcome 
on enhancing transparency and simplification of agricultural tariffs for better integration of 
developing country products into the markets and support for demands relating to cotton.  
3.24.   Third, an agreement on the prohibition of subsidies most harmful to the sus tainability of 
fisheries. Tunisia thanked Ambassador Wills for his tireless efforts to bring those negotiations to a 
successful conclusion under the mandate. On the question of whether the technical exchanges  had 
been exhausted , Tunisia believed  that much remained to be done at t his level given the continuing 
differences regarding a whole set of pillars. In this regard, Tunisia hoped that the new revised version 
of the Chair's text would shed light on the future shape of the text. With all due respect to th e 
honourable Ambassadors, some of whom were experts in th is area, the majority would have difficulty 
expressing views on disciplines that were not yet mature.  
3.25.   In light of the limited time until the July Ministerial Meeting, and unless the priorities for MC 12 
were established quickly, the frenetic pace of discussions on the different negotiating areas would 
not provide the space needed to increase the number of meetings with the H oDs to cover all the 
outstanding issues and would undermine the outcomes of the  Ministerial Meeting. Tunisia, which 
was strongly committed to the conclusion of an agreement for MC12, could not endorse a final text 
that would not take into account the flexibilities required for small fishing nations that – given the 
nature of their fl eets, their low share of global catches, and the scope for action for their fisheries in 
a barren, low yield sea such as the Mediterranean – were the victims of unsustainable fishing rather 
than major players in it. Tunisia remained open to working closely  with Members that recognized 
that situation.  
3.26.   The substantial progress in discussions on the work on joint initiatives and the efforts of the 
coordinators should not deviate from their informal framework, and that the formalization of their 
results under W TO rules could only occur in accordance with the relevant WTO rules on amendments 
and decision making as provided for in the Marrakesh Agreement.  TN/C/M/ 40 
 
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  3.27.   The representative of Chile, speaking as Coordinator of the Structured Discussions on 
Investment Facilitation for Development , provided an update on the outcomes of the last meetings, 
including one intersessional, held on 19, 23 and 30 April. At the request of participating Members, 
and in order to facilitate the negotiations, he had prepared a consolidated docume nt – or so-called 
'Easter Text' – bringing together in one single text the two working documents used so far in the 
negotiations. The Easter Text had been circulated to all WTO Members under his responsibility on 9 
April. He was pleased to report that it h ad been very well received by participating Members hence 
it would serve as the basis for their negotiations in the upcoming months.  
3.28.   The Easter Text included the areas where convergence had emerged – notably regarding 
transparency of investments measures, streamlining and speeding up administrative procedures, 
focal points, domestic regulatory coherence, cross -border cooperation as well as Responsible 
Business Conduct and the firewall provisions. But at the same time, it highlighted those areas where 
furthe r work was needed. Those areas where no convergence text existed were included in the text 
boxes. Among them were the scope, MFN, measures against corruption, facilitation of the movement 
of businesspersons  for investment purposes, S&DT and final provision s. 
3.29.   With that in mind, Members  participating in th e Joint Initiative had supported the work plan 
which identified priority work areas for the period April -July. In July, there would be a stocktaking 
exercise and a discussion about the concrete outcome the g roup wanted for MC12. As mentioned, a 
priority area that would need attention was S&DT including technical assistance and capacity 
building. Related to that was the implementation of the future agreement. The latter had also been 
touched at a debriefing me eting held a couple of weeks ago with the W orld Bank, UNCTAD, OECD, 
ITC, IMF and APEC – international organizations active in the Investment Facilitation area.  
3.30.   A dedicated session on implementation and S&DT would be organized at the meeting on 11 -
12 May. Although much work still remained to be done, the Easter Text provided a clearer view of 
the contours of the future agreement. The Joint Initiative would continu e with its outreach activities, 
mindful that that initiative was "pro -multilateral". He thanked participating Members for their 
commitment and constructiveness.  
3.31.   The representative of Mexico  reiterated that, in the lead up to MC12, Members should be 
pragma tic and focus on those issues with the highest degree of convergence. They should manage 
their expectations and not fall into the "Christmas tree" approach. By then, Members should have 
reached a substantive agreement in the fisheries negotiations . Therefo re, for a meeting of Ministers 
in July, there should  be the conditions to allow this. There were still several issues to be narrowed 
down and Mexico hoped that with the new revised Chair's text, Members would be able to show 
flexibility in positions and fi nd the necessary progress to facilitate decision -making for Ministers 
which would be a greater challenge as it was a virtual -format meeting. In the same way, before 
December, Members should have substantive progress that allowed them to resolve the A ppella te 
Body (AB) crisis,  which was a situation that, after more than two years, had become unsustainable.  
3.32.   Mexico's priorities for MC12 was limited to only one – to show that the WTO worked and was 
capable of responding to current needs, not only in internation al trade but also in the current health 
crisis. In the current health circumstances, in the absence of negotiation results and during a period 
necessitating economic recovery, MC12 represented a unique opportunity to send that important 
signal to the world . To do that, Members needed to (i) achieve results with substantial progress in 
the JSIs on electronic commerce, trade facilitation and services domestic regulation; (ii) give a 
political indication of the issues that had been pending on the negotiating a genda for a long time 
and that were of interest to all Members especially developing countries such as agriculture which 
should continue a broad process of reform established 25 years ago and (iii) display openness to at 
least discuss new issues that could , in a dynamic manner, equip the WTO with tools that allowed it 
to face the future challenges of international trade. The WTO could not remain static in the face of 
significant developments in international trade.  
3.33.   Regarding JSIs, it was important to note t hat, now more than ever, they had become more 
relevant considering the increase in the use of electronic media and remote services throughout the 
world due to the pandemic. To maximize and extend their benefits, Mexico urged Members that were 
not yet parti cipants to join those efforts to provide companies with a stable and transparent 
framework that would help spark greater activity in trade and therefore in the economy.  TN/C/M/ 40 
 
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  3.34.   As for the COVID -19 crisis, the recent meeting called by Dr Ngozi had been very useful to 
help identify where and how Members could contribute from the trade perspective to solve it as soon 
as possible. In response to the question of what the WTO c ould do, the panellists  had focused on 
highlighting logistics, trade facilitation and export re strictions as the main obstacles. In that sense, 
it seemed appropriate to recall the Ottawa Group initiative on Trade and Health which sought to 
address those concerns by proposing to accelerate the processes of the TFA and to foster 
transparency and limit  the use of export restrictions for products considered essential to face the 
health crisis. Thus, Mexico encouraged Members to join the proposal which already had six new 
members,  and which would be the subject of discussion at the General Council meeting  on 5 May. 
Mexico reiterated its willingness to achieve a successful Ministerial Conference for the benefit of all 
Members – thus reaffirming the relevance of the WTO in the global economic governance.  
3.35.   The representative of Nigeria  associated his delegatio n with the statements delivered on 
behalf of the African Group and the ACP. MC12 availed the WTO an excellent opportunity to 
demonstrate its ability to deliver results that would speed up post -COVID economic recovery, 
support the building of resilient econ omies as well as deliver outcomes that underpinned the 
integration of economies and growth. Members therefore needed to work collectively and seek 
solutions that would enable them to achieve balanced, equitable and concrete MC12 outcomes on 
respective issu es. 
3.36.   The attainment of substantial numbers of SDGs by most Members would be enhanced by 
MC12 outcomes in agriculture that addressed the structural causes of food insecurity and enabled 
Members to build resilient agricultural sectors. MC12 should deliver a m ix of immediate outcomes 
and a work programme for future work. The outcomes should include a decision on capping and on 
eliminating AMS above de -minimis – a core support programme that enabled Members to 
substantially concentrate support in specific produc ts thereby significantly distorting trade and 
production. The outcome should also comprise of a mechanism for notification of crops benefiting 
from Annex 2 and capping of support under paragraphs 5 –13 of Annex 2. Other expected outcomes 
include d a permanen t solution on PSH – a critical food security support instrument, a solution on 
SSM to enable Members to deal with the challenging issues of price volatility and import surge, 
export restrictions relating to the WFP and the elimination of any use of Final B ound AMS as product -
specific cotton subsidies. The work programme for future work could focus on issues such as market 
access and export competition.  
3.37.   On development, Nigeria  register ed its appreciation for the tireless efforts of the CTD SS Chair 
in foster ing discussions on the 10 Agreement -Specific S&D T Proposals of the G -90. The goal of the 
ongoing exercise in the CTD SS was to seek ways of concretizing and operationalizing S&D T 
provisions in respective agreement s in line with Paragraph 44 of the Doha Min isterial Declaration 
which had mandated the WTO to review S&D T provisions with a view to strengthening them and 
making them more precise, effective and operational.  The process was however  being frustrated by 
developed countries who , through their respective statements in CTD SS meetings , had consistently 
reiterated their unwillingness to engage in the discussions of G -90 Agreement -Specific S&D T 
Proposals. Th at sent the wrong signal and could erode the faith developing and LDC Members  had 
in the multilateral trading system. It also risk ed paralyzing the system  should such action be  
reciprocate d in other WTO negotiations and work. The best approach was for developed countries to 
shed light on specific elements of the G -90 proposals that  posed difficulties , if any , so they could 
collectively discuss and work towards meaningful outcomes on S&DT in line with Paragraph  44 of 
the Doha Ministerial Declaration. Nigeria  encourage d all Members  to engage constructively on th ose 
issues so they could achieve meaningful outcomes.  
3.38.   On fisheries subsidies, Nigeria commend ed the NGR Chair  on his tireless efforts during the 
negotiations particularly on the amount of work he ha d put into organizing the focused small group 
meetings.  Nigeria ha d been consiste nt in its call for a carve out for small scale and artisanal fishing 
from the scope of the disciplines. Despite all statements made that indicate d the socio -economic 
significance of small scale and artisanal fishing to developing countries and the evidence  that small 
scale and artisanal fishing d id not contribute to the global overfishing and overcapacity problems, 
some Members were however still of the view that the carve out sought was unfounded. Small scale 
and artisanal fishing was not an S &DT as th at wa s a flexibility that w ould benefit all Members.  On 
the right approach to the disciplines, the management approach proposed by some Members ha d 
not worked in the past as overcapacity and overfishing  difficulties persist ed despite the existing 
fisheries management program mes. Nigeria therefore encourage d all Members to support the 
approach of a simple prohibition to ensure that the mandate was adhered to. Nigeria  was however TN/C/M/ 40 
 
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  willing to work with Membe rs on the best approach moving forward.  In line with the mandate, 
effective S&DT for developing countries should be an integral part of the outcomes of the 
negotiations. Th at would avail resource poor countries the requisite policy space to develop their 
fishing capacity in a sustainable manner.  
3.39.   On TRIPS and Public Health , given the devastating negative impact of C OVID -19 on lives and 
livelihood globally,  Members h ad a shared responsibility to work together to ensure that intellectual 
property rights such a s patents, industrial designs, copyright and trade secrets d id not create 
barriers to the scaling -up of research, development, manufacturing and supply of medical products 
essential to combat C OVID -19. It was in view of th at that Nigeria had  cosponsored th e proposal on 
a waiver regarding some IP rights in relation to C OVID -19 medical products. Nigeria  had noted  that 
a significant number of Members were currently cosponsors with many Members and external groups 
and personalities openly voicing their support for the proposal. Th at buttresse d the urgency for 
Members to move to constructive text -based negotiations in the TRIPS Council. Th at would enable 
Members to reach a balanced outcome on th e issue. The subsequent adoption of th e waiver w ould 
facilitate speedy access to C OVID -19 medicines and equipment in developing countries.  
3.40.   On the JSIs , Nigeria was pleased  with the progress being recorded in the ongoing open, 
transparent and inclusive discussions under respective J SIs. Nigeria was  confiden t that the outcomes 
of those initiatives w ould take into account its development priorities and avail  Members  the requisite 
tool to further unlock their economic potential.  Nigeria  therefore call ed on all Members especially 
developing ones to join th ose initiatives so they could collectively shape the discussions and deliver 
development -oriented outcomes.  
3.41.   The representative of Norway  said that with MC12 fast approaching, Norway  support ed Dr 
Ngozi's  call for focusing Members'  collective efforts on a realistic number of concrete and meaningful 
deliverables. Furthermore, Norway  support ed her suggestion to reconvene in the fall two weeks 
earlier than what ha d been the custom. In Members'  collective efforts to achieve concrete res ults by 
MC12, they should not forget that the ultimate purpose of the multilateral rules -based trading 
system was to provide a basis for social and economic development to the benefit of people all 
around the world. Social, economic and environmental susta inability should  guide their efforts.  
3.42.   The pandemic represent ed the biggest immediate challenge facing the world at present . 
Keeping markets open and facilitating trade was critical in order to secure the smooth functioning of 
vulnerable but essential suppl y chains. The WTO was part of the toolbox available to the global 
community and the trade and health initiative of the Ottawa Group was a good starting point for 
addressing th at issue. Furthermore, Norway  fully support ed Dr Ngozi's  appeal to manufacturers,  
international organi zations, civil society and business associations to find collaborative ways to 
increase vaccine production. Norway  also support ed her call for Members to craft a pragmatic 
approach to vaccine equity including a resolution of the TRIPS waiver request.  
3.43.   On regular negotiating processes, Norway  agree d that concluding the fisheries subsidies 
negotiation was the most important priority and support ed the call for Ministerial involvement in 
July. For it to be successful, Members  needed a text with a limited number of remaining issues and 
clearly defined alternatives. To achieve th at in less than three months ' time, they needed to 
concentrate on the core i ssues of IUU and overcapacity and overfishing, as well as transparency and 
S&DT.  Norway  welcome d the announcement by Ambassador Wills that he intend ed to issue a revised 
text the following  week. Most importantly, however, Members need ed to move away from o ld 
positions towards more realistic compromises. For its part, Norway  had stated clearly that the so -
called hybrid approach towards over -capacity and overfishing was not its preferred option,  but it had 
accepted that the hybrid approach was the only realis tic compromise. Norway w ould continue to 
engage in  the common search for viable compromises and pragmatic solutions.  
3.44.   Norway thanked  fellow Members who were spearheading efforts to advance the rules -based 
trading system through the various JSI s. Those initiatives were responding to Members ' ambitions 
to update the rule book by addressing issues of relevance in the 21st century. The initiatives also 
represent ed a variety of issues where the format of the outcomes w ould be diverse and c ould not 
be prej udged. Norway w ould contribute actively towards concrete deliverables at MC12 with 
transparency in domestic regulations being one of the prime candidates. Furthermore, Norway  would 
work with other Members to advance issues related to environmental sustaina bility.  TN/C/M/ 40 
 
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  3.45.   WTO Reform should  be at the centre of Members'  attention at MC12. Views on what reform 
should mean and what could  be achieved diverge d widely within the Membership and they tended 
to talk past one another rather than with one another. They needed to seriously discuss what could  
constitute a common ground for dealing with reform at MC12 and beyond.  Reform need ed to address 
all three pillars. Restoring a fully functioning dispute settlement system was of fundamental systemic 
importance and it was hard  to envisage a successful reform effort without such a restoration. It was 
time to start the conversation about what Members  could realistically achieve by MC12. As a 
minimum , they needed something that g ave all of them  confidence that a solution w ould be found 
– as well as a process to get them there. Members  had a good basis for such a conversation in the 
so-called Walker principles.  
3.46.   The representative of Australia , speaking on behalf of the co-convener s of the JSI on  
E-Commerce, Australia, Japan and Singapore , said that  JSI on E -Commerce  continue d to make 
steady progress . Since the last report in February, the E -Commerce Group ha d met twice on 16 
March and 20 April.  At the 20 April meeting, participants had welcomed c lean text on electronic 
signatures and authentication – the second clean article in the negotiations. Th at was an important 
article and the high standard text achieved reflect ed a good balance of developed and developing 
country interests.  The 20 April mee ting had included constructive discussions on telecommunications 
while the 16 March meeting had featured proponent -led discussions on trade facilitation and 
logistics.  Both meetings had also included updates from small groups to ensure transparency.  
Lookin g ahead, the JSI  would hold monthly plenary meetings in the following m onths with the next 
meeting on 20 May. Small groups w ould remain an important tool for driving progress.  The Initiative 
remain ed open,  transparent  and inclusive . Meetings were open to a ll Members and papers were 
available on the WTO portal.  The need to develop global rules supporting digital trade ha d never 
been clearer given the critical role it w ould play in the global economic recovery from COVID -19. 
The co -conveners  looked forward to continuing work under th e initiative with all participants.  
3.47.   Speaking on behalf of Australia , he respond ed to Dr Ngozi's  focused questions . Her  first 
question was about Members'  top-most priorities for MC12. At MC12 , Members  needed to make 
advan ces on rulemaking, respond clearly to the pandemic, and begin system repair in earnest.  On 
rulemaking , Members  needed to conclude  the fisheries subsidies  negotiations  and services domestic 
regulation to show the world  that the WTO was back in business as a  rulemaking institution whether 
in multilateral or plurilateral form.  On services domestic regulation, which was ripe for conclusion, 
Australia  urged major Members not part of  this negotiation to commit soon. Ministerial engagement  
could be required  around  the summer to assist participants in moving the negotiation to 
conclusion.  On responding to the pandemic , Members  needed concrete steps agreed on trade and 
health and on the human impact of the pandemic in the agricultural and rural sector. That mean t an 
outcome on vaccines and medical products and a framing decision on agricultural domestic support.  
On the task of system repair , Members  needed a pathway for repair of  the dispute settlement  system  
which was the fundamental bedrock of the global trading sys tem.  
3.48.   Her second question concerned  what Members were  prepared to do to help achieve th ose 
priorities.  Australia  was prepared to offer much in the way of leadership, negotiating energy and 
compromise  and to do that at both political and negotiating level s. Australia 's Minister for Trade had 
been in Geneva two weeks ago to underline precisely that message. For instance, in agriculture, to 
demonstrate both leadership and flexibility , Australia and the Cairns Group had decided some time 
ago not to target  a modalities outcome at MC12. They had  decided to simplify their ask and delay 
modalities to MC13. Australia  knew there were other priorities like the pandemic and the fisheries 
subsidie s on which the Membership was currently focusing.  That was why it had offered to defer its 
objective for modalities on agriculture domestic support to MC13 . But in order to do so , Members  
should have a Ministerial Decision – rather a work program – at MC12. Members  should not forget 
that the level of agricultural subsidies was extraordinarily high – at about half a trillion dollars – 
which for comparison, was something like twenty times greate r than fisheries subsidies.  And they 
should not forget that the poverty and dislocation that was occurring in rural communities arising 
from the pandemic was growing.  Its Minister had also underlined a sense of urgency in  Members' 
work and had offered a willingness to contribute fully  to ensure MC12 was a success in December. 
Australia ha d suggested that the Membership attempt an outline of the MC12 package before the 
northern summer. They had a full three months and they should use it fully so that they had a good 
understanding of where political input was required after the summer break.  
3.49.   Her third question  was about concrete approaches to issues which could  not be mature by 
MC12 . The most critical issue involved  the need to embark in earnest on  repair of the WTO 's dispute TN/C/M/ 40 
 
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  settlement system.  Members needed to reaffirm at MC12 their joint commitment to an enforceable 
dispute settlement system with an appellate function.  They would need to engage on reform at the 
same time and Australia called on all Members to immediately step up to a dialogue on th is issue so 
that they would be  able to chart a way forward  at MC12 . Australia  knew that there were many 
priorities for future rulemaking too and it was ready to engage on issues such as  levelling the  playing 
field. Deciding at MC12 on a work program me on that front would be appropriate.  
3.50.   On the fourth question , a substantial response to the COVID -19 pandemic was essential as – 
among many other things – the pandemic ha d challenged global trade and trade coo peration like 
never before.  The Ottawa Group 's Trade and Health Initiative was an important contribution to th at 
effort . Australia was  pleased to see th at gathering momentum with new cosponsors.  On trade and 
health , calls across the Membership  were consistently made for wider and more rapid vaccine 
distribution so  that everyone could be safe , on removing export restrictions for vaccines and inputs 
to them , on facilitating trade in medical and pharmaceutical product s, on improving transparency 
for supply chains  and on achieving a common approach to using intellectual property to help urgently 
promote manufacturing scale up. As Dr. Ngozi's  helpful 14 April vaccine equity event had shown, 
Members  could and should  do more  to match capacity to know -how and urgently to bring as much 
production on stream as possible.  Australia  thank ed Dr. Ngozi  for her strong leadership on th is 
important set of issues.  
3.51.   The representative of the Republic of Korea  noted that m uch had been said about MC12 and 
what it could mean for the future of the WTO. Time was not on Members'  side. They still ha d a long 
way to go . One thing was certain  - Members  could not afford to fail. To avert failure, they had to get 
their priorities right and deliver. Their first order of business  should  be to deliver on fisheries 
subsidies. Korea  had no illusions about the huge difficulties ahead given the number of brackets and 
placeholders that remain ed. This was why Korea fully support ed the D irector -General's  proposal to 
hold a Ministerial Meeting in July. It  was not because it expect ed the Ministers to somehow settle all 
outstanding differences but because the pressure of an imminent Ministerial force d all of them to go 
the extra mile.  Early hands -on engagement from top decision -makers c ould generate the political 
push that was needed to finally cross the finish line . Korea w ould continue to constructively engage 
with other Members during th at crucial period.  
3.52.   Members  also need ed to produce re sults where it truly matter ed to people and businesses in 
the pandemic era: e -commerce. Important milestones ha d been reached. A consolidated text had 
been produced at the end of 2020 and two clean texts ha d been delivered. They still ha d eight more 
to go before the summer break if they were to reach their target. Flexibility on the part of Members 
had been the key to coming th at far and it w ould be no less critical going forward. Korea st ood ready 
to make greater contributions.  On domestic regulation, there was the Reference Paper  with only a 
small number of outstanding issues remaining. Draft schedules ha d been submitted.  The path 
towards a fruitful  outcome at MC12 seem ed reasonably straightforward. Korea  welcome d the recent 
information sharing exercises a s it would help strengthen the momentum for progress and enhance 
coherence between the prospective standards and individual domestic regulations.  Korea  welcome d 
the substantial progress in the negotiations on an Investment Facilitation agreement. The recent 
circulation of the Easter Text by the Coordinator mark ed a significant milestone. Korea w ould 
continue to take active and constructive part in efforts to reac h a concrete outcome by MC12.  
3.53.   Members  should  not lose sight of the importance of finding a way forward for the Appellate 
Body.  It was encouraging to see each negotiating group moving into high gear under the able 
stewardship of their respective Chairs. It was also encouraging to see Members increasingly bringing 
to bear the necessary attention and energy as MC12 approache d. She hoped that in the coming 
weeks and months, Members  would be able to see more of the final key ingredient that was key to 
any agreem ent: an appropriate balance between ambition and flexibility.  
3.54.   The representative of China  focused his statement only on MC12 and suggest ed priorities  on 
three aspects . First of which involved  the reinvigorat ion of  the normal function ing of the WTO. For 
China, the top -most priorities were the negotiations of fisheries subsidies and the restoration of the 
Appellate Body. On fisheries  subsidies , China st ood ready to assume substantial commitments to 
reduce subsidies and w ould not seek broad S&DT in th at negot iation. China  was looking forward to 
the new revised text that was going to be distributed by the Chair.  It was critical to ensure  that all 
core issues and important aspects that were key to the conclusion of the negotiations were 
incorporated and fully re flected in the coming revised text. What  was more important was that  all 
Members move d towards the same direction. Members  should avoid trying to include inappropriate TN/C/M/ 40 
 
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  and politically sensitive issues at the last minute. It was of no help. The continued AB paralysis had 
severely undermined the multilateral trading system. The AB impasse should be dealt with as a 
priority for the WTO  and China support ed finding applicable  solutions before MC12.  
3.55.   The s econd  priority pertained  to ensur ing the relevance of the WTO. Pandemic -related issues 
were the most pressing problems and directly relevant to the global challenges. Outcomes in th is 
area were a must for MC12. China ha d co-sponsored  the Trade and Health Initiative and w ould 
actively engage in  the discussions at the General Council and other fora on the matter . The WTO 
should also play a positive role in promoting access to vaccines and medicines. The TRIPS Waiver 
Proposal prov ided a good starting point for discussing how to achieve th at objective. At the same 
time, China remained  open to other mutually supportive solutions  such as the  third way of expanding 
vaccine production put forward by Dr. Ngozi  and improving TRIPS flexibi lities. Food security was also 
relevant . Finding a permanent solution on PSH would  implement an already -existing Ministerial 
mandate. China urge d Members to constructively engage  on this matter  instead of creating linkages 
with other topics. A permanent PS H solution c ould demonstrate the effectiveness of the WTO and 
its contribution to global food security.  JSI topics likewise made the WTO relevant.  China  expected  
substantial progress on investment facilitation among others.  
3.56.   The third priority concerned  figuring out  plans after MC12. China support ed the WTO to play 
its due role to realize sustainable development and set out possible ways for post  MC12 work. Trade 
and environment was an important area under th at framework. China  hoped further progress could 
be achieved at MC12 on plastic pollution prevention and control. In addition, for MC12  to be a 
success , Members needed to spend their limited time and energy on areas where they should focus 
on. As Dr. Ngozi had  mentioned, Members  needed to roll up their sleeves and get ready to work. 
The wise approach was not to waste their time and energy on highly controversial areas where there 
was no possibility to reach consensus.  
3.57.   The representative of Japan  welcome d Dr. Ngozi's  new focused app roach to the TNC 
discussions to find common ground among Members toward a successful MC12. On MC12 priorities , 
Members had to produce at least a few concrete outcomes at MC12 to make it successful and make 
the WTO relevant. Japan's  priorities include d the conclusion of the fisheries subsidies negotiation, 
an outcome on trade and health and progress on the Appellate Body issue. In particular, achieving 
a concrete outcome on trade and health was essential in showing the relevance of the WTO to the 
world espec ially during a  pandemic. Japan also attache d importance to JSIs. It was within reach to 
conclude the negotiation on services domestic regulation at MC12. Japan  also expect ed substantial 
progress on e -commerce and investment facilitation at MC12.  
3.58.   On how to  achieve th ose concrete outcomes , on fisheries, Japan  support ed the ambition by 
Dr. Ngozi  and Ambassador Wills to accelerate the negotiation for conclusion in a timely manner. 
Japan strongly support ed the hybrid approach on the OCOF as a realistic one. On trade and health, 
Japan, as a member of the Ottawa Group, was co-sponsoring the Draft General Council Declaration 
on trade and health which addresse d critical issues in ensuring trade in essential medical goods 
particularly export restrictions. The Draft D eclaration currently  include d six new co -sponsors beyond 
the Ottawa Group. Japan  encourage d other Members to consider joining the Declaration and to make 
those proposed elements outcomes at MC12.  
3.59.   Japan also support ed the "Third Way " proposed by Dr. Ngozi . The event organized by Dr. 
Ngozi  on 14 April had been  informative and useful. It had shed light on the complexity of vaccine 
production and had reaffirmed the importance of improving supply chains and promoting voluntary 
licensing f or scaling up vaccine production. In addressing the pandemic in a cross -cutting manner, 
exempting WFP food purchases from export restrictions should  be pursued as an immediate outcome 
at MC12 from a humanitarian perspective. It was also essential to preven t artificial food price hikes 
by limiting export restrictive measures to essential and temporary ones as well as by ensuring 
predictability through enhancing transparency and clarifying the current rules. Japan w ould continue 
to take a leading role in th at discussion to make sure the food supply chain remain ed open and that 
global food security was guaranteed in times of global crises including future pandemics.  
3.60.   On the dispute settlement issue, Members  needed to show tangible progress at MC12 toward 
restori ng the proper functioning of the WTO dispute settlement system. Members had to restart 
discussions . Japan spare d no efforts to collaborate with other Members.  As for the JSI on e -
commerce, Japan, as one of the co -conveners, wished to facilitate and intensi fy negotiations on key TN/C/M/ 40 
 
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  issues such as cross -border data flow while bearing in mind various challenges faced by developing 
Members.  
3.61.   On issues that could  not be mature enough by MC12 to achieve concrete outcomes, Japan  
stress ed the importance of trade and en vironmental sustainability. In th at regard, Japan ha d recently 
put forward a proposal (INF/TE/SSD/W/10) to the Trade and Environmental Sustainability Structured 
Discussions on the WTO 's possible contributions to global carbon neutrality including tariff 
elimination as well as rulemaking on regulatory issues. Japan also continue d to stress the importance 
of ensuring a level playing field including strengthened rules on industrial subsidies, SOEs and forced 
technology transfer. Japan  wished to promote th is vital agenda at the WTO including at MC12.  
3.62.   The representative of Brazil  noted that  the upcoming Ministerial Conference, whether 
Members  liked it or not, w ould be seen as  a test for the multilateral trading system. MC12 had to b e 
about the reconstruction of the post -pandemic world trading system.  In this reconstruction process , 
Members  needed to revive consensus at the WTO that international trade was a vital tool for 
economic growth and prosperity  and for fighting against poverty . They needed to revive the 
consensus that development was to be pursued at the WTO through ever -higher levels of 
participation in international trade  and not rolling back the trade playbook . Membe rs needed to 
recognize  the mutual supportiveness between international trade and environment objectives. 
Sustainability and sustainable development had to be at the heart of the multilateral trading system. 
It applie d also to trade in agriculture, in which  the highest standards of sustainability should  apply, 
based on science, not as a new form of protectionism. Brazil w ould always be a strong force for 
sustainable development and even stronger against those using the environment as an excuse for 
protection ism.  
3.63.   Brazil ha d outlined the key deliverables that  should  be present in the MC12 package in 
document JOB/GC/253.  It agree d with and support ed Dr. Ngozi's  initiative to conclude the fisheries 
negotiations by July. In concluding th at negotiation, Members  could not abandon their mandate of 
combining subsidy reforms with the highest level of sustainability. Brazil ha d emphasized th at point 
in its document WT/GC/W/815 to the General Council. Th is would test their capacity to reach 
multilateral agreements at the  WTO and to properly deal with environmental concerns in the 
multilateral trading system. Later th is year, at MC12, the WTO had to deliver outcomes on trade and 
heath  as a clear contribution to the international fight against COVID -19. The pandemic ha d shown 
that international trade and supply chains were vital to produce vaccines and the cross -border flows 
of medical supplies. Members  had to also find a third way to de al with TRIP S issues.  
3.64.   MC12 needed to lay the ground for the WTO 2.0: a new architecture of flexible geometr y, a 
multilateral organization that was also flexible for plurilateral negotiations in all areas including rules.  
MC12 had to deliver and lay the gro und for reforms in agriculture particularly on domestic support. 
Brazil was and w ould always be constructive in all WTO negotiating fronts . It was ready to look at 
all possibilities in domestic support but the lack of outcomes in domestic support constitut ed a red 
line for Brazil , its Congress and its private sector. Members  had to work hard and make concrete 
progress in the months ahead  – well before MC12. Th is was the only way forward to the credibility 
and relevance of the WTO and the multilateral tradin g system.  
3.65.   The representative of Costa Rica , speaking as coordinator of the JSI on Services Domestic 
Regulation , noted that the  Members participating in the Initiative – 63 at the moment, at different 
levels of development, and covering about three -quarters  of world services trade – were working 
hard to deliver an outcome by the Ministerial Conference at the end of th e year. The primary goal 
of the Initiative was to adopt a set of disciplines that w ould contribute to facilitating services trade 
and supportin g economic growth and development. In the negotiating text, only a few – but very 
important – issues remain ed to be solved. Finding mutually agreeable solutions and concluding work 
on the text as soon as possible w ould be a crucial steppingstone towards th e finali zation of 
participating Members' improved services schedules.  Fifty-seven (5 7) Members ha d already 
circulated their indicative draft schedules which signal led how the disciplines under negotiation would 
be incorporated in their respective GATS Sche dules: the disciplines w ould therefore apply in addition 
to existing  obligations of participating Members. And, the additional rights and benefits that w ould 
derive from their application w ould be extended on an MFN basis to all WTO  Members.                 
3.66.   In addition, the Initiative ha d started a n informative and timely information -sharing exercise 
on the implementation of domestic regulation disciplines in national regulatory frameworks. A 
takeaway from the experiences and practices that Me mbers had shared so far was that the disciplines TN/C/M/ 40 
 
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  allowed sufficient regulatory space for varied and flexible implementation and they were designed 
to fit the interests and needs of Members at different levels of development. The exchange w ould 
continue at the next open -ended meeting of the Initiative on 10 May and Members were  invite d to 
join and participate in th at exercise.  A result on services domestic regulation at MC12 could  not 
break new ground  but w ould have a concrete impact on the operations of ser vice suppliers and the 
performance of services sectors – it would  contribute to promoting the transparency, predictability 
and efficiency of services markets and for that reason constitute d an important building block in the 
post-COVID economic recovery. S ervices Domestic Regulation was, as ha d been stated on many 
occasions, one of the most promising prospects for delivery by MC12.  The Initiative's process 
remain ed open, inclusive and transparent to all WTO Members. Members  not part of th e process 
were invi ted to engage actively in the discussions and consider joining the Joint Initiative on Services 
Domestic Regulation.  
3.67.   The representative of New Zealand  said that this year should  be one of delivery for the WTO 
and its Members.  Members'  first priority ha d to be the conclusion of the fisheries  subsidies  
negotiation by July. New Zealand  share d Dr. Ngozi's  observation that a new spirit in the negotiation 
was evident and the NRG Chair's clear message that Members  had entered the end game at the 
HoDs l evel. New Zealand  welcome d these developments in particular the NGR Chair 's announcement 
that day on his production of a new revised text with suggested compromise outcomes. A clear plan 
towards the virtual meeting of Min isters in July w ould be critical to reaching an agreement that 
deliver ed on the SDG 14.6 mandate and was hence credible in the eyes of the world. Landing zones 
were within reach – it was time to get off the "hamster wheel " and bring th is negotiation to a 
successful end.  
3.68.   The WTO should  be responsive to the prevailing global context.  This mean t Members 
demonstrating through adherence to the WTO commitments and new trade policy initiatives that 
they could make a meaningful contribution to addressing the health  and economic consequences of 
the COVID -19 pandemic. New Zealand  encourage d all Members to engage in the Trade and Health 
Initiative being advanced by the Ottawa Group. Their citizens should  have confidence that they were 
doing their utmost to maintain and  strengthen critical supply chains and reduce trade disruptions 
during th is time. New Zealand acknowledge d the concerns raised by some Members around the role 
of intellectual property as a potential barrier to equitable access to COVID -19 vaccines and 
treatments. New Zealand  support ed the constructive conversations facilitated via the WTO in 
furthering Members'  collective understanding of the barriers to increase manufacturing and supply 
of COVID -19 vaccines. Th ese conversations ha d served to illustrate the  complex supply chain 
relationships that underpin ned manufacture and supply. Members  needed to consider the waiver 
proposal within th is context. New Zealand  remain ed committed to finding ways the WTO c ould help 
improve access to vaccines.  
3.69.   Members  should  also ensure progress in other negotiating areas as they prepare d for MC12 
especially on agriculture.  The Framework for Negotiations on Domestic Support proposed  by a range 
of developed and developing WTO Members was a realistic and achievable starti ng point for 
progressing negotiations on agricultural reform.  Maintaining the current levels of domestic support 
not only distort ed trade and limit ed the economic prospects of many developing countries but was 
also detrimental for food security and the env ironment. Delivering on th is longstanding demand of 
the Membership was necessary to unlock progress in other areas.  Members needed to work to find 
a solution to restore a fully functioning dispute settlement system.  The current impasse also 
represent ed a drag on the reform efforts elsewhere and therefore agreement on a path forward 
needed to be a priority in the lead  up to MC12.   
3.70.   New Zealand  was pleased with progress in the J SI on E-Commerce.  The COVID -19 pandemic 
had reinforced the importance of developing  rules to facilitate digital trade. In short, th is was the 
year for Members  to show the world the WTO was still the preeminent rulemaking,  governance and 
dispute settlement body for trade.  Members  had the opportunity to demonstrate that trade c ould 
make a meaningful contribution to sustainable and inclusive economic growt h and  respond to the 
urgent challenges resulting from the COVID -19 pandemic. New  Zealand st ood ready to work with 
other Members and to deliver a meaningful package of outcomes at MC12.  
3.71.   The representative of Uganda  was happy to engage in the format  that Dr. Ngozi  had outlined. 
In the CTD  SS, as a G-90 member , Uganda  had put a lot of time and effort into fulfilling Ministers ' 
mandate under Paragraph 44 of the Doha Declaration on S&DT.  The level and nature of engagement 
by others ha d however  been disappointing. Real engagement would mean discussion of issues TN/C/M/ 40 
 
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  presented or concrete counter proposals to them and not the creation of new versions o f the mandate 
of the CTD  SS.  
3.72.   Agriculture was of utmost importance to Uganda . Twenty -five per cent ( 25%) of its economy 
was agriculture. Fifty per cent ( 50%) of its exports were agricultural products and the sector 
employ ed more than 70  per cent of its population.  Trade distorting domestic support by WTO 
Members continue d to present difficulties for Uganda . Therefore , as priorit ies for MC12 , Members  
needed to focus on eliminating aggregate measurement of support above de-minimis and the  
capping of blue box support. Moreover , inclusion of Article 6.2 in the reduction target would defeat 
the purpose. Along with th at, Members  needed to agree on a permanent solution for PSH for food 
security purposes and on an SSM. Further work on the remain ing pillars needed to continue post 
MC12. Th is was the right path to meaningful agriculture reform evident in the Agreement on 
Agriculture.  
3.73.   On electronic commerce, digitali zation was a priority for Uganda  as a path to economic 
growth. Overall gains from th e digital economy would enhance services delivery and facilitate the 
adoption of productivity enhancing technologies. Uganda  was still encumbered by limited 
infrastructure, no digital skills and very few digital platforms, limited digital financial service s and 
low levels of digital entrepreneurship. The Work Programme on E-Commerce would have provided 
the most appropriate space for discussing th ose issues in different contexts and bodies as stipulated 
therein. Its reinvigoration , as agreed in past decision s more recently in 2019 , had however  been 
disappointing. Th ose developments ha d prompted Members  to critically reflect on the value derived 
from the Work Programme vis-à-vis the moratorium on the imposition of customs duties on 
electronic transmissions . Uganda continue d to reflect critically on th is issue in the lead up to  MC12.   
3.74.   Trade policy instruments should  promote industrialisation for structured transformation which 
should be characteri zed by a reduction in the total work force employed in agriculture  and take off 
in industrial production mainly in agri -processing as evident in Agenda 2063:  The Africa We Want. 
As Members  ponder ed upon th ese and many other issues , they needed to ask themselves what the 
WTO ha d done to strengthen the multilateral trading system so that it provide d a strong impetus to 
inclusive prosperity and welfare for all Members to respond to the specific development needs of 
developing country Members in particular L DCs measured in real t ime and not merely by what they 
pledge d to do. Uganda aligned itself with  the statements made by the African Group, the LDC Group 
and the ACP Group.  
3.75.   The representative of Nepal  extended its a ppreciation to Dr. Ngozi for highlighting the current 
dire COVID sit uation in some countries including Nepal and for her kind words and support to his 
country.  Nepal aligned itself with the statement made by the LDC Group. Nepal highlighted seven 
key issues in the pursuit of concrete MC12 deliverables . First, launching the appointment process 
for Appellate Body members had become urgent  in order to bring the dispute settlement mechanism 
back on track and maintain the WTO 's functional credibility.  Second, mandated negotiations related 
to fisheries subsidies, agriculture and S&DT , among others, need ed to be made conclusive while 
ensuring equitable benefit -sharing to all Members particularly LDCs and land-locked developing 
countries ( LLDCs ).  
3.76.   Third, WTO Reform was essential to safeguard a fair, inclusive,  and rules -based multilateral 
trading system. Reform outcome s needed to address global challenges including inequality , 
emerging issues and opportunities of global trade and weaker economies ' meaningful integration 
into the global trading system. Lessons f rom the pandemic had to be duly considered. A working 
group c ould be formed to deal with the reform agenda.  Fourth, the development dimension need ed 
to be mainstreamed in the multilateral trading system and S&DT. Th is was critical to meet ing global 
targets  of LDC Graduation and SDG attainment. A clear road map with additional support measures 
for LDCs and LLDCs and an in-built mechanism for their effective implementation was necessary for 
ensuring a level playing field for such weaker economies.   
3.77.   Fifth, to take weaker and vulnerable economies such as LDCs on board, all LDC -focused 
support measures including Aid for Trade, duty-free, quota free ( DFQF ) market access , technological 
support and flexibilities in implementation, among others, had to be given prior ity consideration. In 
that regard, the LDC Group's submission on Trade-Related Challenges of the LDCs and Way Forward: 
A Draft MC Decision (WT/GC/W/807) ha d to be urgently adopted.  Nepal  urged all Members to 
positively consider th at submission. Sixth, e -commerce ha d become an important agenda of the 
multilateral trading system since 1998. The COVID -19 pandemic ha d increased the urgency of TN/C/M/ 40 
 
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  enabling LDCs and LLDCs to participate in e -commerce not  just to benefit from it but to survive in 
the global trading system as well. Members therefore  had to  reinvigorate the work under the Work 
Programme on E -Commerce based on the existing mandate to deliver  a visible outcome in a just 
manner. Bridging the hu ge digital divide among and within the Members was essential. Ensuring 
access to telecommunications at low prices and with latest technology; building human , institutional 
and technical infrastructure; capacity -building in the field of information technolo gy and facilitating 
technology transfer and foreign direct investment, among others, c ould be some important initiatives 
that need ed to be undertaken with a view to enhancing their capacity to participate in e -commerce 
and to make e -commerce inclusive and a win -win for all.  Furthermore, the Work Programme on E-
Commerce had to be de -linked with the JSI on E-Commerce.  
3.78.   Seventh, in the wake of the ongoing impact of the COVID -19 pandemic, MC12 had to also 
come up with an outcome for addressing not only th at pandemic but also possible future pandemics.  
On the process  in the lead up to MC12 and its successful conclusion,  Members needed to balance 
interests of all groups and issues at all times while setting the agenda of MC12 . Transparency and a 
participatory appr oach in the entire process  needed to be ensured  from agenda setting to the drafting 
of a Ministerial Declaration. All of those matters including a  consensual Ministerial Declaration  and 
reaching meaningful outcomes on  priority areas at MC12 had become all the more important. 
Essentially, it would rebuild trust in and regain credibility of the WTO.  
3.79.   The representative of Bangladesh  hoped that discussions in th is meeting  would help revitalize 
the negotiation process on various critical trade issue s as Members  tried to achieve tangible 
outcomes at MC12. Bangladesh reiterated what Dr. Ngozi had said at the beginning of the meeting 
that, if Members  wanted concrete outcomes, they should  utilize the little time and every opportunity 
that they had at their disposal before MC12. Members  needed to make progress in the ongoing 
negotiations in order to contribute to the deliverables of MC12 – thereby strengthen ing the 
multilateral trading system.  Bangladesh  echoed the views of others that the ongoing negotiat ions 
on fisheries subsid ies should  be concluded at the earnest. The concerns of developing countries, 
particularly of the LDCs, as had been reiterated by many delegations, had to be accommodated. 
Members  had a clear mandate on th is matter. If they wanted it as a possible deliverable for MC12, 
they had to limit their debates within the mandate. Any deviation or derogation w ould only make 
things complicated and their job difficult. In th is regard, Bangladesh  had noted the Chair's  suggestion 
to have a Ministerial meeting sometime in July to add political w eight to the negotiation s. 
3.80.   The LDC Group ha d two submissions under consideration by relevant WTO bodies. The Group 
had submitted a duly motivated request at the TRIPS Council seek ing an extension of transition 
period under TRIPS Article 66.1. Members  did not have much time in hand as the current transition 
granted for the LDCs under the TRIPS Agreement w ould end soon. On their part, the LDCs  were 
engaged  with delegations and groups  and had responded to the questions raised on th is submission 
as much as possible. A few delegations ha d not yet made their positions clear especially on the 
length of the extension. Bangladesh  was thankful to the TRIPS Council Chair , Ambassador Dagfinn 
Sørli, for his efforts in facilitating informal small group discussions. Unlike the previous practices, 
this time, Bangladesh  hoped that the rationale provided by the LDCs in support of the submission 
would be duly considered by the WTO Membership. The secon d submission of the LDC Group was at 
the General Council seeking extension of LDC specific S&DT and other support measures for a certain 
period after graduation. Bangladesh thanked  the G eneral Council  Chair, Ambassador Dacio Castillo , 
for his informal cons ultations with different groups and individual delegations. The LDC Group ha d 
recently received some inputs fr om different delegations and  was working on th ese. The LDCs  hoped 
that Members w ould favourably consider th e submission as an achievable outcome for MC 12.  
3.81.   COVID -19 was currently ravaging many parts of the world. Nobody was  sure when the 
pandemic w ould end. It was important that everyone from all corners of the world g ot a vaccine as 
soon as possible as nobody was safe until everybody was safe. Many people in  positions  responsible 
for addressing the pandemic  were saying so. It was imperative that the production and distribution 
of vaccines, therapeutics and other medical equipment necessary for  the prevention, co ntainment, 
and treatment of COVID -19 should be available to all, irrespective of who and where they  were. In 
the immediate term, Members  needed to scale up vaccine production through sharing of technology 
and formulas with those pharmaceutical industries w ho ha d the capacity to produce vaccines located 
in various parts of the world. TRIPS or any other instruments should not hinder unconditional, 
affordable, equitable and timely access to medical advances made in fighting th e deadly virus. 
Bangladesh therefo re support ed that Members  should start without further delay a text -based 
discussion of the waiver proposal pending at the TRIPS Council. Bangladesh  looked forward to TN/C/M/ 40 
 
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  working closely with all Members and engaging constructively in all the pending negotiati ons in the 
coming days for their early conclusion.  
3.82.   The representative of the United Kingdom  said that,  before he came to Geneva , he had  spent 
time talking to, and listening to, British businesses, big and small, from across sectors, about what 
the WTO mean t for them. He had found that many of them had been  unhappy about the fact that 
the WTO had  not done much for them lately. But equally, they had been  keen to engage with the 
WTO and hopeful that MC12 would show that the WTO was back in business and backing business  
and that Members  had been  rebuilding confidence in th e institution . While work ing on the small print 
in those virtual rooms, business was innovating, and was, in many ways , getting ahead whether in 
services, digital trade or data.  One of the big challenges for  the WTO  was to try and catch up. 
Members had to look at the innovation that ha d happened in digital trade through th e pandemic not 
just in the developed but also in  the developing  world . This was why the United Kingdom  wanted to 
see an outcome not just on the domestic regulation JSI  but also to lock in significant progress on 
the e-commerce JSI by MC12 with a clear plan for completion afte r that. Members  had to also tackle 
the digital divide by levelling up not just domesticall y but internationally too. The United Kingdom  
also support ed open, market -oriented trade, and its businesses want ed it to strengthen the rules in 
that space to ensure  fair competition.  
3.83.   Dr. Ngozi and many delegations  had rightly highlighted the issues of health and environment. 
It was inconceivable that MC12, in the middle of a pandemic and standing at the precipice of a 
climate disaster, should not tackle the environment and health in a significant and substantive 
manner. The United Kingdom  welcome d the work that Dr. Ngozi  had undert aken and was interested 
to hear and engage with the pharma ceutical  industry to scale up production and supply. Nobody was 
safe until everybody  was safe. The United Kingdom  had signed up to the Trade and Health Initiative 
and it needed an ambitious health o utcome at MC12. It was no surprise too as host of COP26 in 
Glasgow that Members  had a real responsibility to future generations: to make sure that trade 
worked to address th e climate emergency, that it wor ked for the environment, and most importantly, 
that the WTO enable d that extraordinary green revolution and all the opportunities that it br ought  
for so many countries across the world. Th is was why the United Kingdom  support ed the exploratory 
work on environmental services in the CTS  SS as well as discuss ions in the TESSD. The United 
Kingdom  wished to see a Ministerial Declaration on Environment at MC12.  
3.84.   Like Dr. Ngozi , the United Kingdom  was behind the Blue Revolution and the Green Revolution 
and wanted to see the negotiations on fisheries subsidies concluded as soon as possible – in the 
interest of the people, the fish and the planet. Members should  remember the stakes with which 
they were playing.  Dr. Ngozi had asked Members  what they were going to do to help. On its part, 
the United Kingdom was  going to do all it could within the G7 at the Foreign and Development 
Ministers meeting, at the Trade Ministers meeting at the end of the month, and then at the summit 
in Cornwall in June, to support her efforts to revitali ze the WTO and have a successful  conclusion to 
MC12.  As Dr. Ngozi had said to all  Members , they needed to change their working culture  and read 
out a few less pre -prepared statements – such as what he had  done.  Members n eeded to do more 
than th is and do more listening so that Dr. Ngozi  could do more gavelling.  The United Kingdom 
wished Dr. Ngozi all the best in her efforts.  
3.85.   The representative of Panama , speaking on behalf of Article XII Members , said that , in the 
spirit of being brief, constructive, engaging and avoiding repetition,  Article XII Members  reiterate d 
their previous statements at the TNC especially their repeated calls for the need to level the playing 
field in the ongoing agricultur e and other negotiations  and reiterated their  support to the ongoing 
accessions hop ing that they could see new Members join ing the roster of the WTO by MC12.  
3.86.   The representative of Ukraine  said that , on the possible MC12 outcomes , Members should 
focus  their efforts on issues where meaningful outcomes were possible. Ukraine remain ed firm in 
assigning a griculture as a priority sector.  Substantial influence on agriculture should remain the core 
pillar for their common goal of holding a successful MC12. At the same time, Ukraine encourage d all 
Members to support the initiative on agriculture export prohibi tions or restrictions relating to the 
WFP that c ould deliver concrete action towards the COVID -19 related issue and help to overcome 
hunger.  Ukraine share d Members ' opinions concerning the necessity of stepping up cooperation in 
order to achieve the common  goal of ensuring timely and universal access to vaccine s and other 
medical products supplied to  address  the COVID -19 pandemic.  TN/C/M/ 40 
 
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  3.87.   Ukraine recogni zed the nexus between trade agreements and environmental impact s and 
consider ed that the  issue should be given s pecial attention in the WTO. Ukraine  also share d the 
global concern regarding climate change and aim ed to mitigate carbon  emissions . The debates on 
trade , environment and sustainability could  contribute considerably to achieving the environmental 
goals and  better alignment of climate and trade policy.  Work should intensify on fisheries subsidies 
and the reform of the dispute settlement system. Ukraine  support ed positive development of 
Members ' initiatives for improvement of trade rules especially in new areas such as e -commerce and 
services domestic regulation. Ukraine remain ed a strong supporter of the moratorium on customs 
duties  on electronic transmissions and the moratorium on TRIPS non-violation  and situation 
complaints . Ukraine was  willing and ready  to engage in meaningful creative exchanges to uncover 
the best possible outcomes. The task ahead was not simple, yet Members needed to work together 
to accomplish it and strengthen the multilateral trading system.  
3.88.   The representative of Singapore  said that  the WTO should  demonstrate that it c ould deliver 
results in the short term. In recent years, the WTO ha d been critici zed by some quarters for being 
moribund and unable to deliver results. Members had to be honest and acknowledge that there were 
several pi eces of unfinished business that demand ed Members ' urgent attention and concerted 
efforts to conclude them. Th ose include d the fisheries subsidies and agriculture negotiations which 
had been in the works for many years and overdue for conclusion. Without d ownplaying the 
significant challenges involved in th ose negotiations, Members  needed to set themselves realistic 
targets on how and when to deliver th ose outcomes by MC12 and establish a realistic timeline. 
Whether they liked it or not, MC12 w ould be a mil estone for the WTO that w ould attract global 
attention which reinforce d the importance for Members to  renew the moratorium on customs duties 
on electronic transmissions which ha d provided security and predictability to digital trade that ha d 
brought tremen dous benefits t o MSMEs and women entrepreneurs. Another pressing issue that 
demand ed attention was the re -constitution of the Appellate Body. For a small trade -dependent 
country like Singapore, the two -stage dispute settlement mechanism was foundational to  the rules -
based multilateral trading system. At the very least, Members should  engage in a meaningful 
conversation on how to ensure that the Appellate Body was fit for purpose and formulate d a realistic 
timeline to achieve that goal.  
3.89.   Second, the WTO had to continue to demonstrate its relevance  – requir ing Members to work 
together and pull in the same direction to address two key contemporary challenges. First, the WTO 
could contribute to the  global fight against C OVID -19 by addressing trade -related obstacles that 
impede d the production and distribution of vaccines. The 14 April vaccine event convened by Dr. 
Ngozi  represent ed a concrete contribution and Members  should build on its important le ssons and 
outcomes. Th ose could include match -making vaccine developers and manufacturers to utili ze 
existing and future capacities, mobili zing international financing and strengthening global supply 
chain connectivity by reducing export restrictions and s treamlining cumbersome domestic 
regulations. Second , the WTO should  continue to provide the platform for Members to engage in 
meaningful negotiations on issues that impact ed global trade and the lives of people all over the 
world. While Members remain ed committed to multilateralism, plurilateral negotiations represent ed 
a building -block approach and offer ed a pragmatic pathway for Members to discuss important issues 
like investment facilitation for development, domestic regulation, MSMEs and e-commerce.  
3.90.   Third, the WTO had to be future -ready. Even as Members tackle d the COVID -19 pandemic, 
especially the shortage of vaccines, the WTO had to  be better prepared for the next global health 
crisis. The Trade and Health Initiative c ould play an important role as it  identifie d systemic choke 
points and encourage d Members to undertake efforts to reduce or eliminate tariffs, export 
restrictions, improve transparency and strengthen supply chain connectivity. Trade and 
environmental sustainability was another important i ssue of the future. As the impact of climate 
change and global warming ha d become increasingly evident, it was imperative that the WTO 
addresse d the nexus between trade and environment. The Structured Discussions on Trade and 
Environmental Sustainability was an important first step, but Members should  go further. For 
example, the WTO c ould facilitate elimination of tariff and non -tariff barriers to trade in 
environmental goods and services. Reviving the Environmental Goods Agreement c ould be a catalyst 
to stimulate the production and use of goods that achieve d environmental and climate protection 
goals.  It was not difficult for Members to identify and articulate their national priorities. But it b ecame  
more difficult for Members  to convince othe rs to support their national priorities. But the most 
difficult challenge by far was for Members to exercise flexibility and avoid pursuing their national 
priorities at the expense of the WTO 's systemic interests. The WTO was too precious an institution 
to sacrifice on the altar of narrow national priorities or interests.  TN/C/M/ 40 
 
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  3.91.   The representative of Jamaica , speaking on behalf of the ACP Group , respond ed to Dr. Ngozi's  
requests for Membe rs' priorities for MC12, how they could arrive at successful  outcomes and ways 
in which the WTO c ould address issues arising from the COVID -19 pandemic. The ACP  was 
encouraged by Members'  quest to identify deliverables for MC12 as soon as possible so that they 
could advance work in earnest. The ACP also  looked forward to concretizing ideas on the proposed 
July Ministerial. The  Group would  play a constructive role in contributing to discussions to arrive at 
outcomes at MC12 that reflect ed a balance among the WTO 's Membership focused on development, 
complementary to t he SDGs and would assist them  to meet the challenges posed by the COVID -19 
pandemic. In accordance with the TNC's mandat e, Members'  priority should be the mandated issues 
for which their Ministers want ed to see progress. The following ideas were without pr ejudice to the 
Group 's continued deliberations on th ose important issues with a view to further contributions.  
3.92.   On fisheries  subsidies , the ACP Group had consistently expressed its support for an early 
conclusion of the negotiations and w ould remain in a constructive mode in th at regard. An outcome 
should respect Ministers ' MC11 mandate especially as it relate d to effective and appropriate  S&DT  
being an integral part. An outcome on th at file should be meaningful. It  should  be effective in the 
global fight against IUU fishing and global fish stock depletion , target major subsidizers and large -
scale industrial fishing and not contain loopholes that could  be easily used as a pretext to maintain 
the status quo. At the same time, an outcome should n ot be too burdensome to implement , should 
provide adequate policy space for developing countries and LDCs to develop their fisheries sector 
responsibly and without WTO scrutiny , exclude artisanal and small -scale fishing , narrow the 
development divide betwe en the fisheries sectors in developed and developing countries and respect 
the sovereign rights of WTO Members. The ACP Group c ould not accept transition periods alone with 
technical assistance and capacity building.  The ACP Group st ood ready to make the a ppropriate 
contribution to ensure that such an outcome bec ame a reality in 2021 . The ACP  had already begun 
bilateral work on convergence building texts on the various issues.  
3.93.   On agriculture, the  ACP Group was of the view that food security, livelihood and building back 
better from the pandemic should form the basis of Members'  work. An outcome package at MC12 
should include PSH, SSM, Cotton and trade distorting domestic support particularly as it relate d to 
eliminating AMS above de minimis and appropriate s trengthening of blue and green box disciplines. 
Given the thrust towards rural development and agricultural reform in their capitals, the ACP Group  
could not agree to changes to Article 6.2. An outcome package based only on transparency would  
not reach the  bar for the ACP Group. Members  could aim for an outcome on export restrictions that 
did not jeopardize Members ' food security. Members  could take up a post MC12 work programme 
on market access but tariff escalation, tariff simplification, non -tariff measu res such as SPS  and TBT, 
special products in line with self -designation and S&DT should  be embedded in such a work 
programme. The sequence in the agriculture negotiations w ould also need to be respected.  
3.94.   The services sector had been significantly impacted by the pandemic and its effects were 
widely felt in the form of, inter alia, job losses, loss of foreign exchange and GDP contraction. ACP 
members whose economies were dominated by sectors such as tourism and travel services had 
particularly  been affected.  Its submission in JOB/SERV/305 demonstrate d those realities. There was 
scope for the WTO and individual Members to enhance collaboration, including in improving digital 
capabilities, to drive recovery in sectors such as healthcare, education and trade facilitati ng 
services.  MC12 provide d an opportunity for the WTO to play an important role in the rebuilding 
process and in Members'  quest for bolstering the resilience of the services sector in developing 
countries and LDCs. Engagement in accordance with the mandate and consistent with GATS Article 
XIX especially i n relation to the in -built flexibilities for deve loping and LDC Members  would be critical.  
3.95.   On e-commerce, a s it relate d to the e -commerce moratorium, Members  needed to continue 
discussions on issues surrounding the moratorium as well as issues relating to the digital divide, and 
specific issues such as s ource code, data localization and cross -border data flows which were not 
new to the discussions on the Work Programme. The ACP Group  was working on technical papers 
on various issues. Members  needed to focus on how they could reinvigorate the Work Programm e 
given their specific interest on the development dimension of th at longstanding area of work in the 
multilateral framework of the WTO . MC12 provide d an avenue to pursue th ose objectives.  
3.96.   On development and S&DT , an outcome for MC12 based on the G -90 prop osals would assist 
national efforts to stabilize trade imbalances including those arising from the COVID -19 pandemic, 
build back better and successfully integrate into the global economy and global trading system.  TN/C/M/ 40 
 
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  3.97.   On intellectual property, vaccination was the most durable solution to the COVID -19 
pandemic. The WTO ha d an important role to play in facilitating swift, timely, affordable and 
equitable access to vaccines and therapeutics to combat the pandemic. The ACP  thank ed proponents 
of IP/C/W/669 and agree d with its general objectives. The Group  also thank ed proponents of other 
proposals aimed at resolving the issue of access to vaccines and other supplies necessary to respond 
to the pandemic. The ACP Group urge d collaboration, constructive dialogue and flexibility to arrive 
at an outcome on th is critical issue by MC12. Members'  approaches should assist them in dealing 
with future pandemics with priority given to multilateral response to the current pandemic.  
3.98.   On trade , debt and finance, the pandemic ha d dislocated Members'  fiscal targets. It further 
restrict ed governments ' ability to provide sustainable finan cial policies to their economies  with 
significant imp lications for  sectors such as MSMEs whose existing challenges were further aggravated 
by the pandemic. Ready access to appropriate financing was needed to facilitate production, trade 
and promote economi c recovery. Together with th at was the issue of debt servicing by  developing 
and LDC  Members . Those need ed to be revi ewed holistically as mandated by Ministers. A durable 
solution should  therefore be envisaged.  The WTO c ould play a role in collaborating wi th international 
organizations and other stakeholders to avert a pandemic -induced contraction of global trade and 
to explore alternative means to address debt financing which remain ed a developmental challenge 
during th e pandemic when production and trade were seriously decimated. Developing and LDC  
Members  stood to lose most from such a scenario. Most Members ha d not even yet recovered from 
the global financial crisis of 2007 -2009. The ACP  hoped that Ministers w ould be in a position to agree 
on a set of po ssible ways wh ere the WTO c ould play a role in dealing with the issues under th at file. 
3.99.   On WTO R eform, the ACP Group  renew ed its call for a comprehensive dialogue on the 
structure, scope and objectives of WTO Reform. Members  could not continue with a piece meal, one -
sided approach in which the discussions were being undertaken. The process and substance of 
reform had to facilitate the development dimension of international trade, accelerate the attainment 
of the SDGs , be pursued in a fair, transparent and eq uitable manner and, importantly, reinforce the 
core development principles framed in the Marrakesh Agreement. Ministers had to be presented with 
a reform work programme to th is effect at MC12. It was also time to resolve the Appellate Body 
impasse. A two -tier, transparent, independent dispute settlement system, as envisaged by the DSU, 
was critical to the functioning and credibility of the WTO. Ministers had to address th is issue by 
MC12.  The ACP Gro up prefer red a Ministerial Declaration for MC12. Th e declaration should include 
the issues which  the Group  had highlighted. The ACP  stood ready to make the appropriate 
contribution in ensuring that th ose issues were dealt with in a fair, balanced and devel opment -
oriented manner. Resolving th ose issues by MC12 was critical to Members'  stabilization and 
rebuilding efforts in light of the COVID -19 impact on their trade capacity and development goals.  
3.100.    The representative of Guatemala , speaking on behalf of the SVEs Group , agree d with Dr. 
Ngozi's  approach to intensify discussions at the highest level on the basis of "not" business as usual, 
focusing on specific deliverables in a constructive and solution -seeking mode. The SVEs Group would 
participate and engage a ctively in the different consultations envisaged on the negotiating bodies  
and those which could  be organized by Dr. Ngozi  to help mend bridges or build new ones to move 
forward. The Group w ould continue its work in the coming weeks and months and w ould contribute 
together with the Membership, the Chairs and the Director -General i n order to find balanced 
outcomes that t ook into account the interests of all Members including the particular and special 
economic situation of SVEs.  The SVEs  were following closely the discussions which were taking place 
in the area of agriculture where they expect ed Members to reach an outcome regarding the reduction 
and capping of trade distorting domestic support on the basis of proportionality. Th at would req uire 
that Members with the biggest entitlements and disbursements need ed to contribute more to level 
the playing field particularly for the agricultural exports of small and vulnerable economies.  
3.101.   The SVEs Group support ed disciplines on fisheries subsidies  in line with SDG 14.6 and the 
Ministers ' mandate to ensure sustainability and prevent the further depletion of ocean resources that 
directly affect ed most of their constituencies.  As indicated in the mandate, th ose disciplines should 
include effective and  adequate S&DT  as fishing remain ed a vital and primary source of income for 
some SVEs. The Group w ished to highlight the crucial role that the WTO c ould play in addressing the 
impacts of the pandemic which ha d disproportionately affected SVEs given their l imited resources 
and high dependence on external trade.  The SVEs remain ed fully committed to t he WTO and w ould 
continue supporting any initiative to move the negotiations forward. They were confident that 
negotiations w ould be transparent, inclusive and th at would be undertaken based on a bottom -up 
approach which  had proved to be essential in delivering outcomes in the past.  TN/C/M/ 40 
 
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  3.102.    The representative Turkey  outline d its priority areas for concrete deliverables at MC12 . For 
the sustainability of the oceans,  Member s needed to conclude the fisheries subsidies negotiations 
which was already overdue. Members had to assist to the fullest extent the NGR Chair , Ambassador 
Wills, who ha d already been working tirelessly for many months. They had recently entered into a 
new phase in the negotiations and  would  be having the new revised text soon as had already  been 
indicated by Ambassador Wills. In th at new phase, Turkey c ould show the necessary flex ibility for 
consensus building. Members likewise  needed to focus on mandated areas for negotiations in 
agriculture. Turkey  found the work of the G-33 highly valuable in th is regard. The time was ripe for 
finding a permanent solution to PSH. Although it could seem difficult, identifying possible landing 
zones for concrete outcomes in SSM and domestic support w ould assist in alleviating historical 
imbalances and level the playing field. For export competition and transparency, Turkey  could work 
on proposals c onsidering capacity constraints and specific needs of developing Members.  
3.103.   As pointed out by Dr. Ngozi  and many Members on several occasions, Members  needed to 
discuss in good faith what they could do to ease the burden of the pandemic. For th is, they had to 
be creative and think outside of the box. Although COVID -19 ha d demonstrated the need for stronger 
international cooperation, they could not say that they had done enough to th at end. Now that they 
were facing second and third catastrophic waves in many parts of the world, they had to act urgently. 
Members  had to also revitalize the AB at the earliest. The WTO without its crown jewel was a 
paralyzed organization. The lack of an enforcement pillar in th e organization ha d weakened the 
multilateral trading system. In th at respect, Turkey  urged all Members to reinitiate discussions on 
restoring the Appellate Body. The solution c ould only be a multilateral one. Unilateral mechanisms 
aiming to substitute it were concerning for  the entire Membership. Besides the multilateral agenda, 
any progress in JSIs were welcome at MC12. Members  were pleased with the adoption of a package 
of recommendations and declarations by the Informal Working Group on MSMEs. Turkey  also 
consider ed services domestic regulation as one of the most likely deliverable s from  joint initiatives 
during MC12.  
3.104.   The representative of Egypt  endorse d the statement s of the African Group  and the Arab 
Group. Key priorities for MC12 include d: reaching  an outcome in agricul ture negotiations that would 
contribute to facing the growing challenge of food insecurity that was being further exacerbated by 
the pandemic especially in NFIDCs and LDCs.  Second , ensuring the effective implementation of S&DT  
for developing and LDC Member s to support their efforts towards industrial development and 
economic diversification. Egypt  called for constructive and objective engagement in the CTD  SS to 
move forward with the G -90 proposal in line with Paragraph 44 of the Doha Declaration.  Third, 
promoting discussions under the 1998 Work Program me on E-Commerce with emphasis on how to 
address the ever -growing digital divide given the increasing significance of e -commerce. Members  
needed to understand the implications of the moratorium particularly  on developing and LDC 
Members  to help their Ministers make informed decisions at MC12.  Finally , agreeing on a balanced 
"Reform Agenda " that promote d development and inclusivity to guide their work post MC12, and 
allowed for trade -offs that benefit ed all Members.  
3.105.   Members'  dedication to reach successful outcomes at MC12 should  not divert attention from 
expeditiously delivering on current pressing issues. In th is regard, Egypt  called on Members to 
constructively engage in solution -oriented conversations parti cularly with regard to the global 
response to the COVID -19 pandemic that was hitting developing and LDC Members  the hardest, and 
to pave the way for a fair and equitable global economic recovery. In that vein, Egypt  wished to 
capitalize on the current mome ntum created by the WTO event on the COVID -19 pandemic and 
Vaccine Equity last month. Th at meeting had contributed to the candid examination of the various 
elements of a possible way out. Egypt  invite d the Secretariat to compile available data on elements 
highlighted during th at event including on the practical experience with voluntary licensing and 
TRIPS flexibilities  and current global production of vaccines and the forecasts of foreseen additional 
capacities as part of the monitoring role of the WTO. Members  needed to explore all alternatives to 
address the supply gap in vaccine production. While Egypt was  committed to preserving the global 
intellectual property ( IP) system, IP should not pose as  a barrier to access to medicine s and vaccine s 
during an unprecedented global pandemic. Among th ose alternatives was the TRIPS waiver proposal 
which need ed to be examined with an open mind to assist Members  in achieving their common 
objective.  
3.106.   Another pressing priority that represent ed a test -case fo r the credibility of the WTO system, 
as articulated by Dr. Ngozi  was the conclusion of the fisheries subsidies negotiations in the coming 
months. However, th at should not be at the expense of the content of the overdue agreement on TN/C/M/ 40 
 
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  fisheries subsidies. Reaching landing zones on pending elements require d striking a balance between 
setting effective and applicable disciplines to preserve the fish stocks ' sustainability on one hand and 
give due consideration to the differentiated capacities of Members to do so  as mandated on the other 
hand.  Members  had to continue their work in good faith and have frank discussions to speedily reach 
a common understanding of the deliverables at MC12. Egypt  was ready to roll up its sleeves to work 
with Dr. Ngozi  and be realistic  in setting out targets, and carefully calibrate them within the available 
timeframe taking into consideration the capacity constraints of developing and LDC Members  
especially due to the impact of the current pandemic.  
3.107.   The representative of El Salvador  was pleased to see Dr. Ngozi  chairing th e TNC  and was 
certain  that, under her leadership and with Members' commitment, they would make significant 
progress in the negotiating pillar of th e organization. Over th e past quarter of a century, it c ould not 
be den ied that the WTO ha d made a significant contribution to transforming international economic 
relations and that the binding rules governing trade ha d contributed to global economic growth.  
During the unprecedented health crisis that ha d affected all  Members , the WTO agreements ha d 
helped to maintain trade flows and control the restrictive measures adopted by them. Members  were 
faced with the important collective task of restoring faith in multilateralism and in the merits of trade 
libera lization. Sustainable and equitable trade that contribute d to the fulfilment of their development 
objectives should  continue to be their goal . 
3.108.   MC12 was an opportunity for Members  to preserve and strengthen the work of th e 
organization even if th at involve d making profound changes to the way in which Members  had 
conducted their work over the past 25 years. Based on Dr. Ngozi's  instructions on the organization 
of the meeting and on the questions raised, El Salvador  outlined its  priorities in the run -up to MC12. 
El Salvador  agree d with the comments made by a number of delegations that an outcome providing 
for disciplines to regulate fisheries subsidies and fulfil the targets of SDG 14.6 was a priority. 
Members  had to bring an end to the most harmful fisheries s ubsidies that were affecting the 
sustainability of their oceans. El Salvador  express ed its full support for her and Ambassador Wills to 
achieve a substantive and balanced outcome in th is area. M embers  should  also intensify their work 
in the agricultural negotiations which represent ed a longstanding debt of the organization. El 
Salvador thank ed Ambassador Abraham for her efforts to spearhead and promote progress in the 
negotiations as well as those of the facilitators. El Salvador  was prioriti zing the reduction of distorting 
domestic support in order to promote the exports of small -scale producers.  
3.109.   Given that El Salvador was part of the Joint Initiative on Investment Facilitation and that 
this was one of the strategic issues that it was pushing  as a country, El Salvador  promote d a robust 
outcome in th is area for MC12. El Salvador was  also part of the group of countries participating in 
the negotiations on domestic regulation, electronic commerce, MSMEs and women's  economic 
empowerment. It was actively contributing to th ose discussions to deliver concrete outcomes in 
those areas. At MC12 , Members had to also advance the WTO Reform agenda so that  the 
organization  could  maintain its relevance and sustainability.  This however  require d a structured 
process that enable d Members  to focus their discussions and present concrete recommendations to 
their Ministers. Regarding the AB, El Salvador was open to exploring alternatives that would enable 
Members  to resolve the current impasse.  
3.110.   On the WTO 's role in the COVID -19 pandemic context and the importance of ensuring 
universal access to vaccines, continuous dialogue and coordinated international collaboration  were 
needed between the various stakeholders.  El Salvador  was grateful for Dr. Ngozi's  report on t he 
event that had recently been held to discuss th e matter. El Salvador  hoped that participation in 
future events w ould be open -ended in nature given that it was a matter of great importance that 
concern ed all Members . Dr. Ngozi could count on El Salvador  to help build bridges and find balances 
and areas of agreement that would enable Members  to achieve a successful outcome at MC12  for 
the good of the organization and  for the strengthening and recovery of their economies.  
3.111.   The representative of Chinese Taipe i noted that, on the ap proach on working towards the 
possible  outcomes at MC12, it was important to frame a clear overall picture to guide Members'  own 
work and to show to the outside world their vision.  All the issues and possible outcomes c ould be 
groupe d into three categories according to the progress and respective nature of the issues and for 
the purpose of presenting a clearer vision and of helping their own work . The first category of MC12 
documents could include some of the issues currently being ne gotiated and having a potential of 
success. Undoubtedly , the fisheries subsidies agreement was the top priority for deliver y. Other TN/C/M/ 40 
 
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  realistically deliverable outcomes could include some aspects of agriculture, service s domestic 
regulation  and MSMEs.  
3.112.   The second category of MC12 documents would involve  taking stock and adopt ing some 
work program mes on the ongoing negotiations and other p ertinent issues. Prior to MC12, the 
remaining time was not enough to complete some other aspects of the agriculture negotiation s and 
the plurilateral negotiations on e -commerce and on investment facilitation for development. Some 
colleagues had mentioned t he Appellate Body  reform. Realistically, the remaining time was also not 
sufficient to fully address the WTO Reform issues either. The Appellate Body reform together with 
other important issues such as trade and gender a nd trade and environment c ould be included as 
part of the future work program mes. For th at category of topics, Chinese Taipei  hoped that there 
could be an overall Ministerial Declaration to identify the progress being made up to th at stage and 
to lay out the future work to be conducted after  MC12.  
3.113.   The third category of documents would be those t hat would  address the most urgent issues 
arising from COVID -19. In th at regard, Chinese Taipei  thank ed the Ottawa Group's proposal on trade 
and health and India and South Africa 's proposal on  the TRIPS  waiver. Chinese Taipei  had also 
submitted a proposal on the "Ministerial Declaration on Combating, Mitigating and Recovering from 
the Impacts of COVID -19 and Beyond " for MC12 (JOB/GC/256). Since the WTO was one of 
international organizations most relevant  to addressing COVID -19 and since the entire M embership 
was severely affected by the pandemic, it should be an extremely important task at MC12 for 
Members to comprehensively address the trade and economic aspects arising from COVID -19 to 
show to the world  that the WTO was relevant to the life and livelihood of people and that Members 
could work hand -in-hand to address the single greatest and most urgent challenge humanity was 
currently faced with .  
3.114.   Three aspects of the impacts arising from COVID -19 needed to be tackled . The first aspect 
involved combat ting the extreme urgency of serious virus -spreading and life -taking situation . The 
second aspect involved  mitigat ing the impact of extreme situation s especially by identify ing trade 
and economic tools to assist vulnerable Members and vulnerable people . The third aspect involved  
using trade tools to help less developed country Members to recover from the impact.  Chinese Taipei 
hoped that its suggestion c ould help Members to d eliberate on th at extremely important matter.  Dr. 
Ngozi had  mentioned that for the July Ministerial Meeting, in addition to fisheries subsidies, there 
could be one or two topics to be presented for Ministers for consideration. Chinese Taipei  had thought 
that its proposal on a "Ministerial Declaration on Combating, Mitigating and Recovering from the 
Impacts of COVID -19 and Beyond " could be a topic for discussion at the July Meeting.  
3.115.   The representative of Paraguay  stated priorities for work in the coming mont hs. The priority 
of the entire Membership should  be to restore the Appellate Body to its full capacity and launch the 
process for selecting its members without further delay in order to improve the functioning of the 
dispute settlement system.  As a landloc ked country, Paraguay faced enormous challenges due to its 
geographical situation. Due to the particular features of its development, S&DT  should  be addressed 
in the negotiations. The development component was a fundamental principle and right of Members. 
Any discussion on WTO reform should therefore address the development dimension and seek 
solutions aimed at post -pandemic economic recovery based on an inclusive, fair and equitable vision.  
Economic recovery w ould not be possible without equitable access t o COVID -19 vaccines and 
treatments. In th is regard, Paraguay  reiterate d its concern at the increase in the implementation of 
export restrictions preventing fair access to vaccines and request ed that they be lifted as a matter 
of urgency. Paraguay  would address th e issue more specifically and in depth under Item 12 of the 
General Council's agenda for th at week.  
3.116.   On agriculture negotiations, Paraguay continue d to advocate a wide -ranging outcome tha t 
cover ed the various pillars of the Agreement on Agriculture in order to strike the necessary balance 
that w ould enable consensus to be reached. Convergence was possible with the necessary political 
will to make progress on th at reform that ha d been in th e making for more than 25 years. Maintaining 
the status quo was unacceptable  as was demanding outcomes in transparency as a prerequisite for 
substantive reform. Transparency was not an end in itself and an outcome that fail ed to include 
guidelines and obje ctives for the development of modalities in the near future would not reflect the 
importance of th at reform for the vast majority of WTO Members. Paraguay  reiterate d its support 
for the Chair's work , would continue working towards a satisfactory outcome in  agriculture and w ould 
soon be submitting a framework document to move forward in reform ing the market access pillar.  TN/C/M/ 40 
 
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  3.117.   Paraguay hoped  to be able to adopt a multilateral declaration on  SPS measures to foster 
discussions and work on current and future challen ges in th at area. Paraguay  encourage d Members 
to intensify their efforts to conclude the negotiations on fisheries subsidies. Paraguay, together with 
other landlocked developing countries, had submitted a communication in document RD/TN/RL/130 
containing a  proposal that reflect ed the interests of th at group of countries so that they were not 
harmed by any disciplines implemented under a future agreement.  In the e -commerce initiative, 
Paraguay  highlight ed the progress made and welcome d the preparation of the  consolidated 
negotiating text that reflect ed the participants' hard work in the small working groups. Paraguay 
saw e-commerce as a tool for economic development and trade facilitation and w as interested in 
moving forward in disciplines that create d an environment conducive to the development of the 
digital economy in relation to matters such as consumer protection, SPAM , electronic signatures and 
authentication and paperless trading.  
3.118.   Paraguay however  emphasize d the need for a more serious conversation on the development 
dimension and the digital divide. A future agreement should include flexibility for developing 
countries enabling a gradual implementation of commitments  perhaps with a methodol ogy similar 
to that of the TFA  which include d a strong capacity building and technical assistance component.  
Paraguay reiterate d its commitment to the joint initiatives in support of MSMEs, services domestic 
regulation and  investment facilitation for devel opment and encourage d participants to conclude the 
outstanding matters with a view to approving an interesting package at the next Ministerial 
Conference.  
3.119.   The representative of Canada  commended Dr. Ngozi for p roposing that Members  came to 
the meeting with a new mindset  and fresh ideas and took a different approach to their exchanges in 
the TNC/HODs meetings. Canada was ready to engage as soon as possible and assure d Dr. Ngozi  
that it would  engage early in September as she had  suggested. With th at in mind, Canada  provide d 
a short report of the work under the Trade and Environmental Sustainability Structured Discussions 
(TESSD), and provide d her with an update on the Ottawa Group and the contributions that it 
expect ed to make ahead of MC12. He would then provi de some thoughts on behalf of Canada.  
3.120.   Speaking on behalf of the Trade and Environmental Sustainability Structured Discussions , 
he noted that t he structured discussions were one concrete way that the trade policy community 
could demonstrate its commitment to act. The level of support for the structured discussions was 
high with 26 co -sponsors representing over 50 WTO Members. They had  held the first meeting of 
the structured discussions on 5 March and plan ned to hold a minimum of three additional meetings 
before MC12. Their goal for MC12 was to deliver a Ministerial Statement supported by as many WTO 
Members as possible  – a statement that underline d the need for action at the WTO on issues at the 
nexus of trade and environmental sustainability and also la id out a vision for work in the structured 
discussions in the post MC12 period.  The statement would complement and be consistent with other 
statemen ts on specific trade and environmental sustainability initiatives that could  also be delivered 
at MC12.  At their next meeting at the end of May, they would begin examining specific issues in 
more detail in order to help advance their understanding and know ledge.  Those issues include d 
environmental goods and services , greening Aid for Trade as well as greening international trade.  
In order to help advance their understanding of th ose issues, they would continue to provide an 
opportunity for external stakehol ders to provide their views and perspectives on th ose issues. The 
structured discussions were open to all WTO Members – transparency underpin ned their work.  
Canada invite d all WTO Members to participate at the upcoming meeting in May and to contribute 
ideas and suggestions about how they could advance work in th at vitally important area.  
3.121.   Speaking on behalf of the Ottawa Group , Ministers had met virtually on 22 March to continue 
discussions on WTO Reform with a view to helping ensure a successful MC12 that r einforce d the 
WTO's relevance and support ed effective responses to global challenges. The Group w ould continue 
to work together to help Members produce a finalized text on fisheries subsidies for consideration at 
the July Ministerial Meeting. The Ottawa Group  would seek to advance work on critical issues like 
trade and health and trade and environmental sustainability , push forward on WTO Reform, ensure 
action on issues of systemic importance, notably dispute settlement reform, and explore how best  
to address other issues of importance such as industrial subsidies and the behavio ur of state -owned 
enterprises.  Ottawa Group members w ould continue to advance work in agriculture, especially on 
transparency and export restrictions.  The Ottawa Group  strongly support ed plurilateral approaches, 
such as the JSIs, to address issues of importance to both developed and developing Members that 
would not otherwise be meaningfully addressed. Achieving th ose objectives w ould not be easy and 
the Group  welcome d plans for regular dialogue and engagement by Ministers and senior officials to TN/C/M/ 40 
 
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  help set a realistic and manageable agenda for MC12 that set th e organization on the right track. 
The Ottawa Group  intend ed to continue to openly and inclusively engage with all WTO M embers as 
well as to keep Members informed of its work.  
3.122.   Speaking on behalf of Canada , he said that Canada  remain ed committed to a successful 
MC12 and reiterate d the need to achieve meaningful outcomes on fisheries subsidies, agriculture, 
services domestic  regulation, dispute settlement reform, trade and health, and trade and sustainable 
development. Canada  also continue d to support the valuable work of all the JSIs even if outcomes 
were not yet possible. Members  needed to ensure that the longstanding morat orium on customs 
duties on electronic transmissions continue d. That said, Canada was concerned about overloading 
the agenda for the Ministerial Conference.  A focussed meeting with a small set of valuable outcomes 
that also set Members  on a track for future  results would be a success. To achieve th is, delegations 
would need to step up in terms of meaningful engagement in Geneva now. Canada was ready to do 
its part. More specifically, on trade and health, Canada was interested in exploring how the WTO 
framewo rk could be improved to better support multilateral efforts in future pandemics. Th is include d 
finding ways that WTO Members c ould provide confidence to those working to address a global crisis 
that they w ould be able to harness all available resources to maximize the production and distribution 
of needed medical supplies.   
3.123.   For the fisheries subsidies negotiations, Canada st ood ready to engage to ensure a 
productive Ministerial Meeting in July. As head of delegation, he was committed to dedicating the 
time and effort required to th ose negotiations. Canada w ould support Dr. Ngozi  in whatever 
configurations she felt was needed to move the text forward. Canada continue d to place a priority 
on delivering agriculture outcomes at MC12 and believe d that there were at least three elements 
that c ould form part of a package. First, Members should be able to take a meaningful step forward 
on domestic support. Second, an agriculture outcome should include improvements in transparency 
across all agriculture pillars, notably on applied tariffs, on domestic support notification 
requirements, on export competition issues, and on export restrictions. Third, Members should be 
able to agree to a standalone outcome that exempt ed WFP humanitarian purchases from export 
restric tions. In terms of SPS, Members  should move forward on a Ministerial Declaration to ensure 
that the SPS Agreement and Committee were well positioned to meet the emerging challenges facing 
agriculture and agricultural trade.  
3.124.   As trade in services c ould play an important role in economic recovery, Canada also 
welcome d the exploratory discussions on market access in the CTS  SS and was looking forward for 
further discussion including on environmental services ahead of MC12. In addition, Canada believed 
that the JSIs offer ed good possibilities for progress by MC12 and beyond. Under the e -commerce 
JSI, Canada was ready to intensify the work to meet the co -conveners' objectives for th at critically 
important negotiation. On services domestic regulation, Members c ould soon finalize the text which 
would help lead to a successful outcome at MC12. On investment facilitation and MSMEs, Canada 
would continue its active  and constructive participation.  Canada was optimistic about the high level 
of enthusiasm and interest in m eaningfully advancing work on issues at the nexus of trade and 
environmental sustainability. Canada  consider ed that a Ministerial Statement should be an integral 
element of MC12 in th at respect.  
3.125.   The representative of Indonesia  was deeply concerned about the health crisis arising from 
the COVID -19 pandemic and w ished in particular to extend its  condolences to India. Th e pandemic 
was far from over. The new wave in India ha d shown that no country was safe. The inequality of 
access to vaccines had left developing and LDC Members defenceless against th e crisis.  Nothing was 
therefore more important for Members'  work at the moment than addressing th e crisis.  They could 
either be part of the solution or p art of the problem by taking no concrete action. The history of 
success against a pandemic or a disease c ould only be achieved through open cooperation, not by 
depending on the market mechanism or protecting the interests of a few companies. The WTO 
needed to finali ze the temporary TRIPS waiver without much delay. Although it could  not be the 
ultimate solution , the TRIPS waiver could lead to a real chance in ramping up  production of diagnostic 
therapeutics and vaccines a cross the world.   
3.126.   On agenda setting,  Members'  most important agenda on the  table was to finali ze the 
mandated issues at MC12. Agriculture remain ed Indonesia's priority . Indon esia was  aiming to have  
balanced  and meaningful outcome s which included  a permanent solution for PSH, an operable SSM 
and balanced outcome in domestic support – which was  highly important for food security especially 
during and after the pandemic. As the coordinator for the G -33, a group of 47 countries , Indonesia  TN/C/M/ 40 
 
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  strongly fel t that the credibility of the WTO c ould be rest ored only when the mandated issues were 
multilaterally resolved. The outcomes on PSH and SSM were being delayed for almost 10 years. It 
would be difficult to fathom outcomes on other issues including fisheries subsidies without addressing 
the livelihood co ncerns of the resource poor farmers. On fisheries subsidies , the outcome should  
ensure that polluters pa id the biggest share. It also need ed to preserve the right s of artisanal and 
small -scale fisheries – those who receive d the least  subsidies and were the least contributor s to 
over-capacity and overfishing. As a new format of the meeting was currently  taking place, Indonesia  
reiterate d the need to safeguard the principle of inclusiveness and the WTO's M ember -driven  nature . 
On e-comme rce emanating from 1998 Work Programme , Indonesia ha d sought clarification on what 
would constitute electronic transmissions at MC12. The outcome of the e -commerce moratorium at 
MC12 w ould depend on Members'  ability to clarify the scope and definition of e lectronic transmission.   
3.127.   On S&DT , Indonesia  support ed the G -90 agreement specific proposals. S&DT was a treaty 
embedded  right and the Doha Mandate emphasi zing making S&DT provision s precise , effective and 
operational. The second most important priority for  Members  was restoring the Appellate Body which 
was at the core of the dispute settlement system. Without a functional Appellate Body, there was 
little purpose in negotiating a new trade agreement. While Indonesia was part of two joint initiatives, 
it was its policy not to discuss th at non-mandated issue in the TNC but as  the issue had been brought 
up, Indonesia believes that it was important to address the legal status issue in accordance with the 
rules of procedures for amendmen t and decision -making as set out in the Marrakesh Agreement.  
3.128.   The representative of Switzerland  said that the Ministerial Conference was fast -approaching 
and major efforts were still needed to achieve concrete results. In th ese circumstances, it was 
importa nt to determine as quickly as possible the level of ambition of the expected results. Members  
had to be able to agree on the objectives and the topics covered by the end of July. Th is would allow 
Members  to redirect the work of the negotiating groups by fo cusing on the most promising topics 
and targets.  A tangible agreement on fisheries subsidies, before the summer break, was an 
increasingly pressing imperative.  On the Ministerial Conference, Switzerland's main priorities 
included  the adoption of a package of measures to effectively combat the current pandemic and 
future global health crises , the re -establishment of a fully functional dispute settlement system , the 
continuation of the moratorium on customs duties on electronic transmissions , the completion o f 
negotiations on domestic regulations in the area of services;  and the exemption of WFP food 
purchases from export restrictions.  
3.129.   This did not mean that the other issues had to be neglected but rather that the levels of  
ambition would be adjusted according  to the state of maturity of the issues. Th ose issues could take 
the form of work programmes or political commitments. Switzerland  also hope d to see tangible 
progress on initiatives emanating from JSIs. These range d from processes launched a few years ago 
such as e -commerce or gender equality to more recent initiatives such as environmental 
sustainability. Furthermore, Switzerland welcome d the exploratory exchanges on market access for 
services and w ould support work on the adjustment of WTO rules to current economic and 
competitive conditions.  Given that Members  did not know the format or the conditions under which 
the Ministerial Conference w ould take place, basic foresight require d that they present ed mature 
and stabilized draft decisions to Ministers.  Switzerland thanked Dr. Ngozi  for organizing the 
successful  event on "COVID -19 and vaccine equity". Working with all stakeholders was critical to 
overcoming the COVID -19 pandemic and future pandemics. The  issues at stake went beyond the 
WTO but the multilateral trading system should  make its contribution. Ensuring development and 
equitable and affordable access to essential medical goods, including vaccines, require d a cross -
cutting approach.  
3.130.   In this regar d, Switzerland saw  four lines of action.  The first was to maintain and improve 
the functioning of global supply chains. The initiative emanating from the Ottawa Group contain ed 
key elements to achieve th at: increased disciplines on export restrictions, tra de facilitation and 
improved transparency.  Production could also be optimized if operators had more reliable data not 
only on trade measures taken by Members but also on the state of the production chain  helping to 
identify  which goods or components were at risk of shortage , what were the production capacities 
in the different regions  and where the bottlenecks  were.  This data would enable policy makers and 
industry to make informed decisions. To do th is, Members  needed to pool the information available 
to governments, various international organizations and the private sector. Members  could build on 
existing mechanisms such as  the Agricultural Market Information System  (AMIS) . The second axis 
was to strengthen partnerships between the main actors. One way to  contribute to th at was to 
consider the creation of a clearing house with the relevant private and public actors. Its function TN/C/M/ 40 
 
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  would be to examine the challenges faced by private and public actors, facilitate partnerships and 
the transfer of know -how, and help governments identify measures to increase the capacity to 
produce and disseminate essential products. Th is instrument would help to render the third way 
operational.  
3.131.   The third was to make the most of intellectual property protection to develop new the rapies 
and support partnerships between innovative companies and manufacturers with adequate 
production capacity.  The fourth consist ed in the mobilization of financial resources to ensure a 
universal supply of essential medical goods and to increase produc tion capacity. Switzerland  had 
taken note of the goodwill of the international financial institutions towards such a project. 
Considerable means ha d already been mobilized but the effort should  be increased. Switzerland 
would make a substantial contribution. The previous week , it had decided to increase its support to 
the Access to COVID -19 Tools Accelerator (ACT -A) initiative by CHF 300 million.  Switzerland was 
ready to provide its support to deepen and concretize the reflections in th is field. 
3.132.   The representative of Malaysia  underscore d the need to step up work to deliver a meaningful 
and balanced outcome at MC12 in order to maintain the credibility of the rules -based multilateral 
trading system. Time was running out and Members  needed to work expeditiously on issues with 
potential outc omes.  Regarding  priorities for MC12 , on f isheries subsidies, Malaysia  thank ed 
Ambassador Wills for his tireless efforts and outstanding commitment to deliver the fisheries 
subsidies mandate. Thus far, it was clear from the engagements in the cluster meetin gs and other 
configurations that much work remain ed to be done by Members and th is require d a collective effort 
by all Members.  It was paramount that Members  achieve d coherence between the political mandate 
from S DG 14.6, and the proposals that were being negotiated. While the negotiations had to  follow 
the MC11 mandate to prohibit certain forms of fisheries subsidies that contribute d to overcapacity 
and overfishing, and eliminate subsidies that contribute d to IIU fishing, it was recogni zed that S&DT 
had to  be an integral part of the negotiations. Members  needed to engage with a sense of urgency 
and necessary flexibility to achieve  consensus and , most importantly, for a revised consolidated text 
by July for their Ministers to consider. M alaysia  would continue to support th at process to conclude 
the long overdue negotiations.  
3.133.   Agriculture remain ed the most important unfinished business of the WTO and need ed to be 
at the heart of ongoing negotiations. Malaysia ha d interest in th is area and was aware of the 
importance of the agriculture sector in its economy and the livelihood of its people. It was therefore 
imperative to make meaningful progress in agriculture to achieve a fair and market -oriented 
agriculture trading system.  The d omestic support pillar remain ed a priority because of its significant 
distortionary impact on the global agricultural market. It was also equally important to maintain the 
delicate balance between making progress while at the same time taking into consideration the 
challenges and difficulties faced by Members in the negotiation process. Malaysia  welcome d the 
progress in the J SIs on MSMEs, Investment Facilitation for Development and E-Commerce. It 
reaffirmed  its commitment to advance the discuss ions under th ose JSIs for a meaningful outcome 
at MC12.  On development, for the outcome of MC12 to reflect the interests of all Members in a fair 
and balanced way, Members had to consider the special needs of developing and LDC Members . This 
would enable t hose countries to effectively integrate into the global trading system.  Malaysia  hoped 
that MC12 would deliver an outcome in a balanced way and reassure d Members of its  support to 
achieve th at objective.  
3.134.   The representative of Colombia  thank ed Members for all the ir support for  the ongoing work 
on the fisheries subsidies negotiations . Colombia commended Ambassador Wills for his energy and 
willingness to achieve concrete results  and hoped to see him use his gavel on a regular basis and 
for all iss ues. Colombia highlighted  four specific issues that were fundamental to it which related to  
the ongoing negotiations which it hoped would deliver positive results in the coming months including 
in the run up to MC12. It wished to see progress on many other  issues such as the JSIs but w ould 
not mention them specifically in th is statement in the interest of time . 
3.135.   On agriculture, Colombia's priority was the domestic support pillar. Domestic agricultural 
subsidies adversely affect ed the level playing field to t he disadvantage of medium sized and small 
countries and had potentially harmful effects in terms of environmental sustainability. Th is problem 
needed not get bigger. Members  had to make ambitious contributions that  were proportional to the 
distorting effec t that existing subsidies ha d on world markets. The domestic support framework 
backed by a number of countries offer ed an ambitious and flexible approach that it hoped would see 
an increasing level of convergence. The CoA SS Chair , Ambassador Gloria Abraha m of Costa Rica, TN/C/M/ 40 
 
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  could count on Colombia's  support in the continuation of her valuable work.  On fisheries subsidies, 
Colombia  welcome d the progres s made in the negotiations and the commitment of HoD s to the 
discussions. Colombia, as a  6Lat group  member, was among those countries interested in achieving 
a high ambition outcome. It emphasize d the importance of ensuring that the text continue d to evolve 
in an effort to build consensus.  
3.136.   On trade and health, Colombia form ed part of a group of countries that ha d chosen to 
express its deep concern on various trade practices that hinder ed the importation of vaccines into 
their countries. At the upcoming General Council meeting , they had, as a group, requested the 
inclusion of an agenda item so that Members  could address and explain their concerns and possible 
approaches for joint work. The various trade and health related initiatives currently under discussion 
were of utmost importance to Colombia and it hoped that, together, they could  make them converge 
towards q uick results in the next few months and permanent results at MC12.  Colombia  noted with 
interest the issues surrounding WTO R eform. It hoped that the drive shown by a number of Members 
regarding th at subject w ould soon lead to intense, concrete and crosscut ting negotiations in which 
it would participate actively, constructively and on a permanent basis.  
3.137.   The representative of Hong Kong, China  noted that, on the draft G eneral Council Declaration 
on Trade and Health: COVID -19 and Beyond , the COVID -19 pandemic h ad affected all  Members  in 
various ways. Hong Kong, China share d the view of many other Members that th is unprecedented 
global crisis call ed for urgent and coordinated global efforts and that the WTO ha d a unique and 
indispensable role to play in fighting against the pandemic especially in enhancing the resilience of 
their supply chains and ensuring access to essential medical goods.  Hong Kong, China was pleased 
to have joined as a co -sponsor of the draft  General Council Declaration on Trade and Health: COVID -
19 and Beyond  and encourage d other Members to give favourable consideration to  it.  
3.138.   On other issues to be addressed by MC12, Hong Kong, China recogni zed the importance of 
achieving meaningful outcomes  at MC12 in preserving and strengthening the confidence of 
stakeholders worldwide in the WTO.  MC12 had to address, in addition to the response measures to 
future pandemics, the following issues: fisheries subsidies, e -commerce moratorium, restoration of 
a fully functioning two -tier dispute settlement mechanism  and trade and environment. Successful 
outcomes on those issues were essential in demonstrating the WTO 's continued relevance to the 
changing global trading environment.   
3.139.   On fisheries subsidies, despit e intensified negotiations in recent months, there were still 
substantial divisions among Members on some core disciplines under negotiation. What was 
encouraging however was the flexibility demonstrated by many Members in the April cluster of 
meetings. Th e need for flexibility ha d never been more crucial as Members  entered the final phase 
of negotiation s and prepare d for their Ministers to meet in July. Hong Kong, China look ed forward to 
the revised negotiating text being prepared by the NG R Chair, Ambassa dor Wills , and remain ed 
committed to delivering on the mandate contributing to the U N SDG.  
3.140.   Hong Kong, China reiterate d that the moratorium on customs duties on electronic 
transmissions ha d provided a stable, predictable,  and conducive environment for inter national e -
commerce activities during the past two decades and it should be continued. It support ed making 
the moratorium permanent . Even if consensus on a permanent moratorium could not be reached by 
MC12, Members  should at least extend the moratorium until MC13. Th is would be critical to the post -
pandemic global economic recovery and help avoid bringing unnecessary uncertainties and 
disruptions to global e -commerce.  
3.141.   On the WTO's dispute settlement mechanism, the Appellate Body impasse ha d dragged on 
for too long. Most Members would agree that the current absence of a fully functioning two -tier 
dispute settlement mechanism was detrimental to the credibility of the WTO in championing a rules -
based multilateral tradi ng system. Even if th is impasse could not be completely resolved by MC12, 
Members had to work together in good faith to develop a roadmap and timetable for resolving the 
impasse  including setting out the necessary reform to the Appellate Body and the dispu te settlement 
mechanism in order to resolve the impasse.  
3.142.   On trade and environment , Hong Kong, China support ed the objectives of sustainable 
development and w as glad to note the growing interest and intensified discussions among Members.  
As a participant o f the Environmental Goods Agreement negotiation in the past, Hong Kong, China TN/C/M/ 40 
 
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  remain ed committed to constructive engagement in such negotiation and look ed forward to its early 
resumption.  Hong Kong, China remain ed open-minded to other Members ' preferences and initiatives 
and was committed to engaging constructively in their further discussions.  
3.143.   The representative of South Africa  associated her delegation with the statement s made by 
the ACP and  the Africa n Group.  South Africa recall ed that the mandate of the  TNC emanate d from 
Paragraph 46 of the Doha Ministerial Declaration which outline d the negotiating issues that ha d a 
multilateral mandate that remain ed a priority for South Africa  and th at mandate  should  be 
preserved. Accordingly, the TNC h ad been established by Ministers to supervise the overall conduct 
of the negotiations under the DDA. This had to inform Members'  approach to the TNC. In the context 
of COVID -19, the conclusion of the long -outstanding issues within the mandate of the TNC was 
critical if the WTO was to deliver on its developmental imperatives. In relation to the Informal HoDs, 
South Africa  recall ed as captured in WT/GC/M/168 that the informal HODs was solely a transparency 
exercise on multilateral issues that necessarily d id not fit under the mandate of the TNC. The primary 
focus of the TNC should however  be on mandated issues.  
3.144.   COVID -19 was ravaging the world . Global solidarity was required now more than ever. The 
WTO had to urgently engage in text -based negotiations on the TRIP S Waiver to temporarily lift the 
IP barriers to enable sharing of technology and know -how to ramp -up production and leverage 
under -utilized manufacturing capacity that clearly exist ed as confirmed in the meeting Dr. Ngozi had  
convened on 14 April. The outc ome should  be reached before MC12. It would be amiss for the 
Ministers to meet in July and not discuss the WTO response to COVID -19.  
3.145.   South Africa's  priorities for MC12 included Agriculture. Capping  and substantial reduction  of 
domestic  support was a prior ity. Importantly, Members  should  preserve support to resource poor 
farmers under Art icle 6.2 and address concentration. A food security and livelihood agenda was 
going to be critical. Th is should include a permanent solution for PSH  and an outcome on cotto n and 
SSM. South Africa could  consider disciplines on export restrictions to WFP that safeguard ed national 
food security and support ed local and regional food production. A meaningful outcome in agriculture 
negotiations had to address historical imbalances . Outcome s should not be limited to transparency 
and work programme.  
3.146.   On fisheries subsidies negotiations,  the aim of the negotiations was sustainability . The 
concept of common but differentiated responsibility was therefore key. To reach an outcome , 
Members had to be targeted in their approach . The outcome had to effectively discipline harmful 
subsidies and target large scale industrial fishing because over 80% of harmful subsidies went to 
large scale  fishing . It should  safeguard food security and livelihood of small -scale fisheries. It should  
not create loopholes that enable d large subsidizers to maintain the status quo. Disciplines should  be 
on issues that fell within the mandate of the WTO. Effective and operational S&D T was part of the 
mandate and the agreement w ould be judged on whether it provide d flexibility to developing 
countries to leverage their marine resources for economic development and S&D T sho uld be 
embedded in the disciplines and c ould not be limited to transitional periods and capacity building.  
3.147.   In relation  to S&DT and the G -90 agreement specific -proposals ( ASPs), S&DT was a treaty 
embedded right and the agreed mandate was to strengthen  all S&DT provisions and make them 
more precise, effective and operational. The lack of engagement and good faith discussions by some 
Members was a course for concern and contribute d to lack of progress. The G -90 ha d already reduced 
the list from more than 150 ASPs to just 10. S&D T remain ed important in ensuring fair and equitable 
outcomes in the WTO and the level of ambition c ould not be lowered further.  
3.148.   On e-commerce, the multilaterally mandated work was the Work Programme and Members  
needed to reinvigorate th eir work through the various bodies of the WTO and structured discussion s 
in the G eneral Council . The outcome on the e -commerce moratorium at MC12 w ould depend on 
clarifications with regard to the scope and definition of electronic transmissions . 
3.149.   The dysfunctionality of the A ppellate Body  was a  systemic issue . MC12 needed to agree on 
a framework or at least a pathway to unlock solution -oriented discussions. A dysfunctional Appellate 
Body undermine d the enforcement function of the WTO , render ed the negotiations pointless and had 
to be resolved as a matter of urgency.  In relation to WTO reform,  Members should safeguard the 
multilateral character and preserve the key principles of the WTO, as well as ensure an inclusive 
multilateral trad ing system  that promote d equitable growth and development. Importantly, reform TN/C/M/ 40 
 
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  should  enable the WTO to achieve the goals set out in the Marrakesh Agreement. Trade was not an 
end in itself . It was a means to enhance livelihoods, employment and sustainable development.  
3.150.   All the issues under JSIs had been  proposed in the run up to MC11 . They had not obtain ed 
consensus due to  serious  substantive concerns by many Members and ha d introduced new  systemic 
challenges such as fragmentation of the multilateral trading  system , implications for  decision -
making in the  WTO, implications for the core  principle of MFN and legal implications for commitments 
already taken.  Document WT/GC/W/819 to be discussed in the G eneral Council  on the "The Legal 
status of JSIs and their ne gotiated outcomes " capture d South Africa's  views . South Africa  looked 
forward to further discussions with Members  and stood ready to work constructively and in good 
faith towards meaningful and balanced outcomes at MC12.  
3.151.   The representative of the European Union  congratulate d Dr. Ngozi  for her first two months 
in office and for taking some of the WTO 's current key challenges head on.  The months ahead w ould 
be of crucial importance for steering Members'  work in the right dir ection in order to have a n MC12 
that put the WTO in the right trajectory to address the many challenges that the multilateral trading 
system was facing. The E uropean Union  was ready to support Dr. Ngozi  and the Chair of the General 
Council in their efforts  to steer th at process successfully.  Time was short. A first priority was to have 
a clear idea of the process from now until  MC12. There were a number of useful consultation s 
underway and Dr. Ngozi  had indicated her intention to convene a Ministerial Meeti ng in July to 
address some issues and finalize the fisheries subsidies negotiations which were a priority for the 
Membership and were long overdue.  Members however  needed to have a clearer and more precise 
idea on the process and staging posts from now to July and until MC12. Th is was important  for 
Members  to prepare work properly and involve senior officials and Ministers at crucial points along 
the road to MC12.  
3.152.   MC12 w ould be the first WTO Ministerial Meeting in the past four years. Members  could all 
be easily tempted to bring to the table the whole range of issues that they had been unable to solve 
in the last years. They had to resist such temptation.  They should rather focus on what they could 
reasonably deliver in the current circumstances. MC 12 would be taking place in very particular and 
uncertain times due to the C OVID -19 pandemic. At present, Members were not certain in which 
format the meeting w ould take place. The only certainty that they had was that MC12 w ould be a 
Ministerial Meeting u nlike any of those held in the past. Th is particular context add ed to the 
challenges that Members had to address. It was critical for the WTO and for all Members that MC12 
was successful. Members could not afford to have a failure  and a failure  should  not happen. By 
working hard together with a shared vision of what c ould reasonably be achieved, Members  could 
collectively deliver a few concrete outcomes at MC12 and lay the foundation for a meaningful reform 
programme of the WTO with outcomes to be delivered  by MC13. Th is would be an important success.  
3.153.   Members  should  have concrete outcomes by MC12 on two key issues . First, on fisheries 
subsidies , the E uropean Union  support ed the Chair 's efforts to move the negotiations forward and 
the Director -General 's involvement and intent to achieve an outcome in July. With th is in mind, 
Members  had to consider how best to use the short time ahead. Th ese negotiations were a test case 
of the WTO 's ability to deliver on the S DGs – in this case SDG 14.6. Members  were already late, well 
passed the deadline that Heads of State and Government had instructed them at the WTO to deliver. 
The European Union  had full confidence that Ambassador Wills w ould find the best way forward for 
these negotiations.  Second, on trade and health, Members  should  work towards a Ministerial 
Declaration that br ought  together key elements of the Ottawa Group proposal on Trade and Health 
– export restrictions, transparency, trad e facilitation  – as well as progress on the expansion of 
production capacities through voluntary licensing and, where necessary, supporting the use of the 
available TRIP S flexibilities.  
3.154.   Beyond th is, for the E uropean Union,  it was essential that MC12 la id out a solid path for WTO 
Reform across its three functions.  Members  should seek to establish a Working Group on WTO 
Reform at MC12. The Working Group should serve as a forum for discussion and guide the 
Membership towards delivering outcomes by MC13 around  institutional aspects of WTO Reform that 
were of systemic interest. Such outcomes should improve each of the WTO 's three functions and 
could be achieved through dedicated work programmes.  A top priority remain ed to find a lasting 
solution to the current p aralysis of the Appellate Body that would restore a fully functioning dispute 
settlement in the WTO.  The European Union  was also working towards outcomes on improving the 
monitoring and deliberative function via the proposals on notification compliance and  guidelines for 
WTO bodies dealing with trade concerns.  The E uropean Union  continue d to strongly support progress TN/C/M/ 40 
 
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  in the different J SIs and expect ed to conclude negotiations on domestic regulation in services and 
progress on e-commerce and investment facilitation. The European Union  would also seek to launch 
a new initiative addressing issues such as strengthened disciplines on industrial subsidies or state -
owned enterprises and another on trade  and sustainability including a trade and climate component.  
3.155.   On agriculture, MC12 c ould make a p ositive contribution  in this area but Members  had to 
also stay realistic about what they could achieve to avoid a repeat of MC11. They should focus on 
export restrictions, including the WF P proposal, and improvements in transparency, and agree on a 
work pr ogramme for future work on domestic support, including public stockholding.  This agenda 
was substantial given the time left and the particular circumstances under which Members  were all 
operating. MC12 c ould deliver concrete and important outcomes and set the stage to reboot the 
WTO with a solid reform programme. Th is was necessary and w ould be a successful outcome. By 
working hard and together in the months ahead, Members could succeed. The E uropean Union  was 
ready to play its part.  
3.156.    The representative of Montenegro  said that , on top-most priorities for MC12, in general,  
work should be intensified in terms of achieving a potential package of deliverables and outcomes 
in following areas: fisheries subsidies , WTO Reform  and trade and health. On fisheries subs idies, the 
new revised  consolidated draft document, including its so -called hybrid approach to overcapacity 
and overfishing, provide d a good basis for further work with a view to concluding th ese negotiations 
by July, and convening a virtual Ministerial me eting to review an advanced, if not the final, text. On 
WTO Reform, it would be beneficial to adopt a Ministerial Declaration demonstrating the political 
commitment to WTO Reform  and paving the way for reforms in priority areas in the short to medium 
and long term. Restoring a fully functioning dispute settlement sy stem should be a priority.  
3.157.   To make WTO rules responsive to sustainable recovery, growth and digital transformation 
of the economy, WTO rules on digital trade, services and investment had to  be modernized as a 
matter of priority with a view to concluding a t least the J SI on service s domestic regulation by MC12. 
The extension of the multilateral e -commerce and TRIPS moratori a at a minimum until MC13 should  
also be verified at MC12.  On the contribution that the WTO c ould and should make to addressing 
the pand emic issues in a cross -cutting manner, work on  the Trade and Health Initiative should be 
intensified with a view to ensuring that the trading system was responsive to the challenges raised 
by the pandemic including the application of  existing flexibilities  under the TRIPS Agreement. To th is 
end, Montenegro  share d the views on the importance of taking action to further reduce export 
restrictions and supply chain barriers  and to advance discussion in the TRIPS Council on the waiver 
proposal and incentives for  research and innovation.   
3.158.   In terms of addressing other issues, some practical deliverables at MC12 could also be 
achieved on agriculture. Th is was the case with transparency -related issues across the board and 
the WFP exemption initiative. Members  should also consider ways to move forward on the main 
topics of the post -MC12 negotiations such as trade distorting domestic support. Another issue that 
should be deliberated as part of the outcome of MC12 related to women 's economic empowerment 
by adopting a Joi nt Ministerial Statement with meaningful recommendations.  Montenegro reiterate d 
its readiness to continue to constructively cooperate on the WTO 's ongoing negotiating agenda and 
looked forward to seeing significant progress by and at MC12.  
3.159.   The representati ve of Barbados  associated  his delegation with the statement s made the ACP 
and CARICOM . He said that Dr. Ngozi's  leadership and pragmatic approach continue d to bring 
Members  in the right direction. It was what the doctor ha d ordered.  Barbados sent its thoughts and 
prayers to the government and people of Saint Vincent and the Grenadines, a fellow CARICOM WTO 
Member that was currently covered by a thick blanket of ash from the active Mount Soufri ère 
volcano. Housing, production, businesses, crops, intern ational trade, airlift, water, livelihood s and  
people 's lives had  all been severely impacted overnight. Unfortunately, th at was all too familiar to 
small island developing states  (SIDS)  who were highly vulnerable to economic and environmental 
shocks and su sceptible to natural disasters.  The recent volcanic eruption in S aint Vincent and the 
Grenadines ha d come at a time that the country had already  been reeling from the serious impact 
that COVID -19 had had on its economy particularly in one of its trading se ctors – tourism. It had 
also come as the country prepared for the start of the 2021 tropical hurricane season.  
3.160.   Food and shelter were critical and recent trends in scientific forecasts continue d to suggest 
the year -on-year increase in the number and intens ity of climate events which occu rred during th at 
time of the year. Recent rainfall ha d caused severe flooding and mudslides and ha d worsened an TN/C/M/ 40 
 
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  already fragile situation in the country.  Early projections ha d revealed that costs could be up to 50%  
of the co untry's gross domestic product and an estimated USD 300 million  in infrastructural, 
agricultural,  and housing damage.  Its ability to critically engage in international trade w ould be 
massively impaired.  All too often Barbados  had to highlight the impact of natural disasters on SIDS 
in the Caribbean and also the Pacific and despite the logical and irrefutable proof the WTO ha d yet 
to give due regard to the nexus between trade and natural disasters. It was time for Members  to 
examine the role that the WTO c ould play in examining the nexus between trade and natural 
disasters and the role for  the trade and environment agenda was more critical than ever . As Members  
forged ahead towards MC12 , the realities and vulnerabilities of SID S should not be forgotten nor 
overlooked.   
3.161.   Barbados  was acutely aware that discussions in some areas ha d intensified and based on 
the reports at the present meeting could offer some potential for an outcome at  or in the lead up to 
MC12. Barbados  therefore l ooked forward to engaging on defining any prospects for an early 
outcome including through a ministerial meeting on a limited number of deliverables in July. Equally , 
Barbados  was confident that the outlook for an outcome in other areas continue d to be ble ak and 
could  therefore not be ripe for an outcome in the short -term. Any outcome in the WTO should  be 
development centred and guarantee to do more than tak ing the interests of developing countries 
and LDCs into account.  They should  be meaningful and effect ive for development particularly as  
Members  examine d the WTO' s role in response to and recovery from the pandemic. Barbados  
continue d to work towards an outcome on fisheries subsidies that was in line with SDG 14.6 as well 
as mandates from Ministers  in pas t Ministerial Conferences.  
3.162.   The target of the prohibitions should  be harmful fisheries subsidies and , by extension , focus 
on major subsidi zers and largescale industrial fishing whil e recogni zing that appropriate and effective 
S&DT  for developing and LDC Members  was an integral part of any outcome on fisheries subsidies. 
S&DT had to  move beyond transition periods  and developing countries and LDCs should have 
adequate policy space, particularly those with serious vuln erabilities , to sustainably develop their 
fisheries sectors. The use of the per capita income criteria as a means of determining access to S&DT 
in the WTO simply did not work for countries  with small populations sizes like Barbados a nd many 
of the SIDS around the world. Th is was a crosscutting issue  which span ned the gamut of discussions 
in the WTO and given the implication that it ha d for all negotiations at the WTO and its ability to 
undermine efforts as SVEs to become more fully in tegrated into the multilateral trading system.   
3.163.   COVID -19 ha d highlighted the sheer number of challenges faced by developing countries  in 
responding to and recovering from the crisis and had further added delay to the ability of small 
economies to fully int egrate into the multilateral trading system. Barbados and others ha d been 
particularly hard hit by the COVID -19 pandemic especially in relation to their main income and 
employment generating services sectors and the widen ing digital divide. Barbados  theref ore wished 
to ensure that the treatment of issues specific to th is group were given prominence going forward. 
To that end, Barbados had ensured that its  interests in services ha d been inserted in the CTS  SS by 
the ACP Group and was supportive of the renewal of the Work Programme on Small Economies and 
the renewal of the e -commerce work programme with specific emphasis placed on its development 
dimension.   
3.164.   If Members  were to commence a conversation on a package for MC12,  agriculture should  be 
one of the main issues on the frontline of the discussion through outcomes on PSH and SSM . SSM 
was complimentary to and not the replacement of a special agricultural safeguard. Barbados  looked 
forward to the discussions that w ould emerge on the i ssues of trade, debt and finance over the 
coming weeks and months and w ould examine how it could contribute to any emerging discussion 
on th ose in the WTO and in the lead up to MC12 . There were a number of ongoing initiatives , said 
to be  open and transpare nt, covering a wide cross -section of issues . Barbados  however wish ed to 
caution against utili zing such initiatives as a means of developing legally binding enforcement 
mechanisms on issues in the organization whil e none exist ed in fora where th ose issues were meant 
to be addressed. Barbados reiterate d its commitment to achieving a successful outcome at MC12 
and look ed forward to working with the WTO and other configurations in the lead up to MC12.  
3.165.   The representative of Mauritius  speaking on beha lf of the African Group , commend ed Dr. 
Ngozi  for her proactive approach and relentless efforts to try and secure an outcome at MC12 on 
mandated issues as a priority.  The African Group w ould try to exercise flexibility and pragmatism as 
much as possible. Wh ile hearing the Chair's call  to set aside prepared statements , the fear was that 
it was a formal session and what Members  said went as record hence the fear of moving away from TN/C/M/ 40 
 
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  an agreed text. The African Group positions as already enunciated in different negotiating groups 
stood. The African Group would however  work in a flexible and pragmatic manner to achieve 
reasonable outcomes at MC12 that benefit ed all.  
3.166.   She highlighted the African Group's priorities as Members  move forward.  The African Group 
had always advocated that sustainability, economic recovery and inclusiveness should guide the 
outcomes at MC12. Th is require d that Members  deliver ed on outcomes that would  (i) accelerate 
development , (ii) allow them to deal efficiently with health challenges , (iii) address food security 
concerns  and (i v) reform the WTO  to respond to new realities . The African Group saw the first 
outcome relating to development as inclusiveness through the instrument of S &DT. S&DT rem ained 
essential for levelling the playing field especially as small and developing economies require d policy 
space to deal with post -pandemic recovery and return to the development path. The G-90 document 
provide d a good basis for discussions on operationa lizing the ten carefully identified S &DT provisions . 
As part of th is inclusiveness, Members  also need ed to see a concrete outcome on women and trade 
as they ha d been disproportionately hit by the pandemic. The African Group  support ed the proposal 
for a Joi nt Ministerial Statement on Women and Trade that would build on the provision of sufficient 
funding for a comprehensive flagship project that would help  women entrepreneurs led by the WTO 
and ITC drawing on experiences already gathered in th is area – bearing in mind in particular the 
operationalization of the African Continental Free Trade Area which w ould provide fresh opportunities 
for the women in Africa.  
3.167.   On the TRIPS Waiver , the African Gro up stressed that the virus and its mutations ha d no 
boundaries. The WTO should primarily focus on  the timely and equitable access to affordable 
vaccines and therapeutics. The Group  was therefore concerned by the circular debates on the TRIPS 
Waiver proposal in the TRIPS Council. The proposal initiated b y India and South Africa  currently  had 
60 co -sponsors and was supported by many across the board. Members had  learned of an 
unprecedented humanitarian action being undertaken by a pharmaceutical company. The African 
Group  welcome d this and w ould always wel come such gestures but th is could not have been 
necessary had the flexibility being sought for been available. This n otwithstanding, the best way to 
further pursue th is humanitarian gesture was for such companies to find ways to share the necessary 
technol ogy to enable those who ha d the basic capacity to further ramp up production even at an 
agreed cost to allow Members  to deal with the pandemic. The Group reiterate d its call to initiate 
text-based negotiations and urge d Members who still ha d concerns on th e draft to constructively 
participate in the negotiations with a view to concluding it as soon as possible.  
3.168.   On food security , its main component s consisted of  agriculture and fisheries subsidies . 
Agriculture remain ed an area of utmost priority for the Afri can Group. The Group  looked forward to 
balanced, equitable and concrete MC12 outcomes that addresse d the structural causes of food 
insecurity. It  was therefore critical that MC12 deliver ed outcomes that enable d countries to build 
resilient agricultural sectors and support ed efforts for the attainment of SDG 1 on poverty and SDG 
2 on hunger. Such outcomes should include a permanent solution on PSH as a critical food security 
support instrument , finding solutions on SSM to enable countries deal with the challenging issues of 
price volatility and import surge , addressing trade distorting domestic support and the elimination 
of product -specific cotton subsidies. On cotton , the Group call ed for progressing work on the  cotton 
issue and request ed that the C otton -Four (C -4) submission of a draft General Council Decision for a 
Joint Action Plan to enhance support for cotton by -product development in LDCs be advanced. The 
Group  trusted that through such an Action Plan, reso urces c ould be mobilized to support the 
implementation of projects and programmes envisioned therein.  
3.169.   On fisheries , all Members  advocate d sustainability but perspectives of what th at mean t 
varied. They had been handed the perspective that artisanal and sma ll-scale fisheries, an essential 
food security instrument representing some 20% of global catch , require d disciplining rather than 
carveout s. The mandate clearly stipulate d most harmful subsidies and their focus should be to halt 
those. In trying to unders tand the perspective of others and if these could not be halted, Members 
had to significantly  reduce  these subsidies  to curb overfishing and overcapacity.  The 53 Members 
that ma de up the WTO African Group ha d a share of less than  seven per cent  in global catch. When 
added to the ACP Group, that mean t a total of some 74 countries, they represent ed less than 10%  
of global catch. Thus, almost 40% of WTO Members or acceding countries represent ed less than 
10% of world catch. The Afric an Group st ood ready to contribute constructively for the successful 
conclusion of the fisheries subsidies agreement. The Group  would exercise flexibility as necessary to 
ensure that sustainability was achieved and that developing countries ha d sufficient policy space to 
develop their fishing capacity.  TN/C/M/ 40 
 
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  3.170.   On e-commerce, Africa c ould n ot afford to be left behind . Discussions on e -commerce should 
therefore focus on the fair and equitable distribution of benefits as well as on technology transfer 
and capacity bui lding. The African Group therefore advocate d the need to reinvigorate the 1998 
Work Programme with a view to comprehensively addressing the development aspects of e -
commerce facing African countries. Members should  not make the Work Programme on Electronic  
Commerce an example of the longest and yet futile one in the history of the organi zation. 
3.171.   On WTO Reform and the Appellate Body , the African Group agree d that the WTO should 
adapt itself to changing conditions and that reform was a continuous process . The Group  therefore 
welcome d the steps Dr. Ngozi  had recently taken in th is regard. Unfortunately, reform proposals ha d 
sometimes been discussed outside the context of any specific mandate.  Such endeavours always 
needed to be inclusive, transparent, realistic and more importantly, enhance the  WTO's  development 
role. The African Group  viewed with concern that the Appellate Body continue d to be non -functional 
as the vacancies ha d not been filled. Such a state of affairs not only disrupt ed the two -tier dispute 
settlement system 's effective functioning but also undermine d the credibility of a rule s-based system 
and encourage d violations. Urgent action was therefore needed to bring the Appellate Body back in 
operation. The African Group reite rated its commitment to work towards a successful MC12 outcome 
with development  and addressing the pandemic being the central objective.  
3.172.   The representative of Fiji, speaking on behalf of the Pacific Group , support ed the statements 
made by the ACP  and the LDC groups and commit ted to support Dr. Ngozi  to improve WTO work.  
Fisheries subsidies negotiation s remain ed the Pacific Group 's top priority. The Group  commend ed 
the NGR Chair for his hard work and for organi zing small group meetings to deepen the discussi ons 
on the contentions issues that relate d to IUU fishing , exemption for artisanal and small -scale fishing 
and on the approach to overcapacity and overfishing in the last two clusters. Differences remain ed 
and more intensified effort w ould be needed to res olve the m if they were to meet the July target for 
concluding the negotiations. The Group was concerned that the sustainability criteria being pushed 
in overcapacity and overfishing was a disguised flexibility for huge subsidies to continue . More 
important ly, it would discipline and bring fisheries management measures into scrutiny in the WTO. 
The WTO should  not be fixing fisheries management but should focus on disciplin ing subsidies.  The 
agreement  should  deliver the two dimensions of the mandate of SDG 14.6 and MC11. Th ese being  
strong disciplines targeting large subsidi zers and appropriate and effective S&DT for developing 
countries especially those that ha d yet to develop their fishing capacity.  
3.173.   As SIDS, whose exclusive economic zones ( EEZs) were bigger than the size of their islands, 
the fisheries sector, for many, was the only sector that provide d potential for diversifying  their 
economies, providing employment and their economic development. The agreement had to help 
deliver S DG 14.7  through  increas ing the economic benefits to SIDS and LDCs from the sustainable 
use of marine resources.  The FAO's SOFIA Report for 2020 had indicated that , in 2018, the Western 
and Central Pacific Fisheries Commission (WC PFC) had been  the largest source of global tuna catch 
with 44.3% or 3.5  m tonnes of the total global catch of 7.9  m tonnes, and that the region 's stock 
had remained in good health. In contrast, in the same year, the Pacific 's share of global fishing 
vessel s had only been 0.3% and th at figure include d Australia and New Zealand. The Pacific Islands 
Forum Leaders in 2015 ha d laid out their aspirations to develop and increase the economic returns 
to their fisheries resources.  The agreement should  therefore prov ide policy space to develop  fishing 
capacity in the future to add value to fisheries resources a nd provide exemption for small  scale and 
artisanal fishing for  livelihood security. Th e agreement should  not undermine the sovereign rights of 
coastal states in other international agreements  such as  UN Convention on the Law of the Sea 
(UNCL OS) and should exempt the coastal states ' IUU fishing determination and stock assessment 
from being examined in the WTO . The Pacific Group w ould engage constructively in the negotiations 
noting the July target date.  
3.174.   On agriculture, the Pacific Group underline d the importance of advancing domestic support 
to reduce distortions in agricultural trade, to find a permanent solu tion to PSH that include d new 
products to assist in natural disaster response and An SSM t hat help ed Members  respond to sudden 
import surges and price volatilities. On development issues, the Pacific Group thank ed the CTD SS 
Chair for continuing to take fo rward th at work to deepen discussions on the ten G -90 proposals. The 
Group encourage d the active engagement of all Members to find meaningful solutions on th ese S&DT 
proposals which aim ed to facilitate the integration of developing countries especially SVEs into the 
multilateral trading system.  On services, the Group  support ed intensified discussions to find 
solutions to the adverse economic impacts of COVID -19 on services sectors of Members especially TN/C/M/ 40 
 
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  for those most vulnerable and disproportionately affect ed due to their dependence on one or two 
sectors as reflected in the ACP proposal.  
3.175.   In view of the ongoing COVID -19 pandemic, Members also need ed to work urgently to 
prioriti ze those elements of the negotiations o n available WTO tools that c ould ensure equitable 
access to affordable vaccines and medical supplies required to help al l of them  to combat COVID -
19. Th is would ensure that  the WTO contribute d to the solution and to future rebuilding of their 
economies. Th is could start with discussions on the two proposals on the table namely, Trade and 
Public Health and the TRIPS Waiver.  The Pacific Group reiterate d its commitment to engage 
constructively in th ose negotiations and to work towards concrete outcomes for MC12 . 
3.176.   The representative of Chad, speaking on behalf of the LDCs , noted that Members were  seven 
months away from MC12.  The LDCs expect ed a lot from the upcoming Ministerial Conference and 
hoped it could be productive for all on a sustainable basis with decisio ns that facilitate d the 
acceleration of LDCs'  integration into world trade  for the benefit of their populations  including 
through job creation.  The LDCs'  priorities included obtaining  a convincing outcome as a result of the 
fisheries subsidies  negotiations . It was essential for the LDCs to achieve the preservation of  fisheries 
resources  and their artisanal and small -scale fisheries and that Members  address ed the issue of 
large-scale industrial fishing subsidies . There should also be a convincing outcome on agriculture, 
whether on trade distorting domestic support which penaliz ed LDCs, or on PSH for food security 
purposes which provide d an opportunity for LDCs to develop non -pre-existing programmes of public 
stocks.  The issue of cotton trade remain ed a high priority in agriculture negotiations and the LDC 
Group support ed the C -4 in its objective to eliminate domestic support for cotton trade.  
3.177.   Graduation from the LDC status and the possibility of continuing to benefit from LDC 
flexibilities during a de fined maximum period to ensure a smooth transition for their countries  was 
also an absolute necessity for the Group . The C OVID -19 crisis and the negative effects which ha d 
seriously impacted LDCs showed how much they needed stability and to consolidate all  their 
achievements on a sustainable basis to avoid  falling back to extreme poverty. Members' acceptance 
of the LDC  proposal on graduation would help them better deal with th at type of crisis while 
maintaining optimal trading capacities.  The group  needed such an outcome for M C12. The LDC  Group 
called on Members to favo urably consider its proposal on Article 66.1 of the TRIPS Agreement. The 
waiver in force in favo ur of LDCs was applicable until 1 July 2021. After that date, LDCs would no 
longer benefit from the associated flexibilities which were important to them. The LDCs  were still 
negotiating with some of their partners to find the appropriate solution on their  proposal.  
3.178.   During  the COVID -19 period,  which was weakening their economies every day, it was 
essential to promote as much as possible LDCs'  access to vaccines and products useful to combat 
pandemics. The sooner their populations were vaccinated, the better the LDCs  could bounce back 
and resume a path of growth and dev elopment.  The LDCs relied heavily on what the WTO c ould do 
to help improve the living conditions of their people, their economic modernization and their 
sustainable development.  A reformed WTO able to better deliver outcomes for its Members and the 
multila teral trading system should  spare the LDCs from any additional administrative burden or 
additional financial handicap.  The LDC Group remain ed engaged as much as possible in the 
negotiations with a constructive spirit with their partners and  with the will t o achieve outcomes that 
met their needs. The LDC Group  renew ed its full  support in Dr. Ngozi's  task of fostering consensus 
in favo ur of a more transparent, fair and more equitable multilateral trading system.  
3.179.   The representative of Saint Lucia , speaking on behalf of CARICOM , aligned with the 
statement made by the ACP. O n the fisheries subsidies , these negotiations were of utmost 
importance to the CARICOM Group . CARICOM was  fully committed to achieving an outcome that 
was commensurate with the commitments mad e under SDG  14.6 and the mandate by Ministers at 
MC11. The major subsidizers and large -scale industrial fishing Members should be the main priority 
of the disciplines being negotiated while ensuring that appropriate flexibilities and effective  S&DT 
were defined for the developing countries. CARICOM had addressed several of the key and critical  
areas of interest at the H oDs meeting on 21 April. CARICOM  therefore look ed forward to the next 
stage of the negotiations and the high -level discussions to be co nducted in a spirit of constructive 
engagement with a view to finding the needed solutions ahead of MC12. Dr. Ngozi's  intention to 
convene a Ministerial -level session in July was well noted. CARICOM  further t ook note of the process  
going forward as outline d by the NGR Chair and underscore d the longstanding principle and practice 
of decision -making by consensus.  TN/C/M/ 40 
 
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  3.180.   On agriculture , historically, th is sector ha d played a central role in the economies of 
CARICOM.  According to FAO, agriculture currently contribute d between 7 and 17 percent of GDP 
among CARICOM countries as well as a significantly larger percentage  share to employment typically 
between 10 and 25 percent. Climate change and natural hazards pose d threats to the development 
of the agricultura l sector in the Caribbean. The COVID -19 pandemic ha d also deepened the 
vulnerability of thousands of small producers and agricultural workers in CARICOM Member States, 
deepening the economic and livelihood uncertainty for large swaths of  their population. Those 
realities reinforce d the need for Members  to achieve a high standard outcome at MC12 with respect 
to agriculture. Such an outcome should  allow CARICOM members  to preserve their ability to pursue 
legitimate public policy objectives to improve food and  nutritional security and accelerate efforts 
aimed at improving rural livelihoods and induce  the structural transformation of their agricultural 
sector.  CARICOM continue d to prioriti ze an outcome which was consistent with Article 6.2 of the 
Agreement  on Agriculture. While CARICOM  was not a demandeur for a PSH outcome, it recogni zed 
the strong interest of some Members on th at file. A permanent outcome on PSH should not create 
distortions in global agricultural markets that would further underm ine SIDS'  internal markets.  
3.181.   On e-commerce , CARICOM  thank ed the General Council  Chair for holding consultations in 
the first half of April as well as for the Informal Open -ended Meeting convened the previous  week.  
Those were constructive steps towards clar ification of the way forward on the Work Programme on 
E-Commerce and the moratorium in the lead -up to MC12. Without entering into the details of its 
intervention the previous week , CARICOM  reiterate d a few key points . The CARICOM Group w ished 
to see the re sumption, as soon as possible, of the structured discussions agreed upon in the 
December 2019 General Council decision. Those structured discussions should have a development 
focus. CARICOM  stood ready to engage on digital divide and on various challenges constraining the 
efforts of developing countries and LDCs to participate effectively in digital trade. CARICOM 
reinforce d its suggestion regarding the involvement of relevant international organi zations in th ose 
discussions. The continuation of the dialogu e on the scope, definition and impact of the moratorium 
should form part of th ose structured discussions. Th is was crucial if Members  were to have an 
acceptable recommendation on the moratorium to be placed before their Ministers at MC12.  
3.182.   On WTO Reform, d iscussions should not be top down but  only bottom up and  driven with 
the interests of all Members in mind. Small States were the most vu lnerable in the multilateral 
trading system and their unique circumstances should  be prioritized in th ose discussions. CARICOM  
therefore urge d that discussions on all pillars of the reform agenda be open, inclusive and 
transparent. Th is was the only way to  secure the legitimacy of any outcome to th ose discussions . 
On a sobering note, CARICOM noted that the recent volcanic eruptions in S aint Vincent and the 
Grenadines illustrate d the vulnerab ility of CARICOM Member States and by extension, SIDS. The 
outcomes  of Members'  work at the WTO c ould not be esoteric  – reflective of the outcomes of an 
academic exercise. Their work should  respond to the acute vulnerabilities of small Member States 
such as Saint Vincent and the Grenadines  – vulnerabilities that were real  and exacting. The CARICOM 
Group urge d all Membe rs to take due account of the circumstance of S aint Vincent and the 
Grenadines both in their support for an international response effort but equally in better addressing 
the systemic concerns of S IDS across all WTO negotiations.  
3.183.   The representative of India thank ed Dr. Ngozi  and all Members for their kind words and 
support to India during th e new wave of the pandemic.  India also thanked Dr. Ngozi  for urging the 
delegations to focus their discussions on the deliverables, their contribution and for a concrete 
approach on issues which could  not be ready by MC12. India took her guidance in the right spirit.  
India suggest ed that Members  should  finalize issues ready for outcome at MC12 latest by July end. 
Dr. Ngozi's  continuous engagements with Members to have consensus -based list of outcomes would 
be very helpful . India then made a statement on d eliverables for MC12 or even before that  like what 
Dr. Ngo zi had  proposed for fisheries negotiations . 
3.184.   On trade and health, the proposal for t emporary waiver from certain provisions of  the TRIPS 
Agreement was first on India's  priority list. To slow down the virus's ability to infect new people and 
mutate further, Members  needed a global vaccination drive in a time bound manner, and the limited 
Waiver was an effective and pragmatic way to help in achieving it. An outcome on th is would not 
only help in saving valuable human lives but w ould also give a comforting sign al to boost the 
consumer confidence and w ould accelerate the recovery of global trade and world GDP. India 
support ed efforts under the Vaccine Equity initiative that Dr. Ngozi  was spearheading. While it 
focuse d on a range of issues – IP, investment, research and development ( R&D), manufacturing 
capacity, logistics  and regulatory , among others  – it should not delay the decision on the critical TN/C/M/ 40 
 
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  issue of IP barrier.  Deliberations at the TRIPS Council on the Waiver should therefore remain the 
prime focus to provide an outcome before MC12 . On Movement of healthcare professionals , the 
pandemic ha d highlighted the need for ensuring easier cross -border movement of healthcare 
workers and other professionals providing esse ntial services. Members who could have mobilize d a 
greater number of such professionals  had not met increased demand due to restrictive trade 
practices in the services sector. A multilateral framework on movement of professionals should be 
part of the MC12  Trade and Health Package.  
3.185.   On agriculture, a simple, efficient, and permanent solution on extending PSH for food 
security purposes to new program mes and new products should be a key deliverable at MC12. India 
was actively and constructively participating i n the facilitator process. Any effort to meet the food 
security challenges should  address the structural deficiencies including SSM. On dispute settlement, 
resolution of the crisis in the Appellate Body was another priority. Members  should  immediately re -
engage to restore the two -tier dispute resolution system . This needed to be achieved by MC12. On 
fisheries negotiations , while India remain ed committed to delivering on fisheries negotiations,  
"common but differentiated responsibility " and "Polluter Pay’s principle " should be applicable in any 
agreement relating to sustainability. Those with large number of industrial vessels and ha d provided 
huge subsidies leading to overfishing and overcapacity should take higher cuts in subsidy and 
capacity.  S&DT i n the final outcome should  be effective and appropriate, having regard to the 
development needs, livelihood and food security concerns of millions of small fishers of developing 
countries including LDCs.  
3.186.   On e-commerce, India thank ed the General Council Cha ir for his consultations. The pandemic 
had further brought out the gaps on Members ' digital capacities. The need of the hour was to build 
capacity in areas such as digital skills and digital infrastructure rather than negotiating binding rules 
on e-commerc e. It was also important to bring clarity on the scope, definition and impact of the 
moratorium on custom s duties on electronic transmission s, its potential impact on the sustainability 
of the domestic industry and negative impact on job creation and reven ue generation. Members 
should  reinvigorate the mandated work under the 1998 Work Programme on E-Commerce in various 
Councils.  
3.187.   On co ntributions India was prepared to make , it was working on the revised text of  the 
TRIPS Council proposal and engaging in bil ateral consultations.  On e-commerce,  India was working 
on bringing its submissions on the Work Programme in the respective Councils. On fisheries, India 
was agreeing to move forward with the hybrid approach . On agriculture, India was engaging in 
discussion s with the CoA SS Chair and the Facilitators.  Beyond MC12 , among the issues that c ould 
not be agreed by MC12 and require d a definitive roadmap or a framework to carry forward the 
discussions , India  suggest ed a package/framework for WTO Reforms. In this regard, India drew 
Members ' attention to document WT/GC/W/778/Rev .3 that India along with other co -sponsors ha d 
tabled at th e General Council  in December 2020. A roadmap for addressing G -90 proposals contained 
in the document JOB/TNC/79 were also needed . On other issues , India  was deeply concerned by the 
attempts by some Members to bring in the non -mandated issue of JSIs as out comes for MC12. India 
urged everyone to keep their attention focused only on delivering results on mandated issues.  India 
stood ready to engage and work with other Members to achieve definitive and balanced outcomes 
and make the coming eight months a succe ss for all.  
3.188.   The representative of Burkina Faso , on behalf of the C otton -Four (C -4) and the 36 African 
Country Cotton and Cotton Product Producers and/or Exporters , express ed its gratitude to  Dr. Ngozi  
for the series of consultations she ha d undertaken sin ce taking office which ha d made it possible to 
renew the dialogue with all stakeholders in the trade negotiations and to identify Members'  priorities 
and interests. The C -4 welcome d the new dynamism imbued with pragmatism and efficiency that 
she wanted to inject into the negotiations and g ave hope that it w ould meet with everyone's support. 
The C-4's positions in the  TNC we re well known and documented so there was no need to repeat 
them. What was currently expected of Members was their commitment and willingness to achieve 
results.  
3.189.   As Members  got closer and closer to MC12, the C -4 was in favo ur of the idea of defining 
precise objectives on the basis of the reports and recommendations that Members  had just 
presented, in order to allow them to move for ward and 'achieve short -term results for MC12, and in 
the medium and long term beyond MC12.  For MC12, the priority was to achieve a result on cotton 
within the framework of the negotiations on agriculture. The Group insist ed on the fact that cotton 
should  be treated in a more ambitious and specific manner in relation to all the trade distorti ng TN/C/M/ 40 
 
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  policies affecting the sector in particular in the three pillars of market access, domestic support and 
export competition in accordance with the Hong Kong Decision of 2005.  
3.190.   The C OVID -19 crisis had reminded Members  of the urgency of making th is decision a reality. 
The pandemic had particularly affected the LDCs ' cotton sector by causing increased impoverishment 
of populations and millions of small cotton producers who  had already  been unable to live with 
dignity from their production. The productive and export capacities of the C-4 and the 36 African 
countries producing and/or exporting cotton and its by -products ha d been severely impacted by the 
effects of the crisis.  Beyond its commercial component, the cotton sector need ed, now more than 
ever, the support of development partners. The LDCs, including the C -4, did not have the substantial 
means to initiate a recovery plan for the sector equal to those that the develope d countries could 
offer to their agricultural sector impacted by COVID -19. Th is could accentuate the imbalances that 
already existed due to internal support which distort ed trade in cotton and cotton -derived products.  
3.191.   An urgent and rapid solution should  therefore be found to the measures taken in response 
to COVID -19 and the impact of the pandemic on cotton production and marketing. The C -4 was also 
attached to the issue of transparency in particular in the reform measures applied in the cotton 
sector by Members  – the follow -up of the commitments made concerning market access, the 
suspension of export subsidies  and the effects on cotton trade of measures taken in response to 
COVID -19. In the search for consensual and mutually beneficial solutions on th ose three cotton -
related issues, the C -4 stood ready to engage and remain ed receptive to proposals from all 
stakeholders. While counting on Dr. Ngozi's  leadership to achieve th ose results on cotton at MC12, 
the C -4 reiterate d its full support to her. 
3.192.   The repre sentative of Russian Federation  said that , now more than ever , there was a dire 
need for collective efforts to demonstrate the continuous relevance of the WTO and its ability to 
respond efficiently to the pressing challenges faced by international trade an d investment which ha d 
been especially exacerbated by the pandemic. MC12 w ould be especially important for the WTO 's 
revitali zation both in terms of high potential for tangible deliverables as well as in outlining areas of 
further work under the WTO reform  process. Designing a focused package of possible MC12 
outcomes as early as possible was fundamental for ensuring the success of the  Conference . While 
looking forward to exchang ing ideas with other Members in multilateral and bilateral format s as well 
as actively engag ing in the preparative process launched by the G eneral Council  Chair, Ambassador  
Castillo , which was an important stocktaking exercise that w ould undoubtedly help shape a 
successful  MC12 agenda. Among the pending issues that require d urgent so lutions was the 
restoration of a fully functional dispute settlement system.  Members urgently need ed to launch 
substantive discussions aimed to improve it.   
3.193.   The WTO legal framework should be ad apted to address modern challenges  on international 
trade. The fisheries subsidies negotiations should be concluded on the basis of its mandate and the 
UN SDGs  while ensuring sustainable economic development of Members ' fisheries sectors. Members 
continue d to wo rk both on the traditional agenda with a view to better a ddress agriculture a nd the 
new emerging issues. They should likewise  advance negotiations on e -commerce, domestic 
regulation and investment facilitation.  Ministers  at MC12  should give positive consideration to  the 
progress achieved on JSIs as their collective efforts to advance WTO Reform . Russian  would also 
welcome engagement on enhancing transparency notifications  and looked forward to tangible 
outcomes at MC12 that would contribute to the task of healing and  improving the WTO.  
3.194.   The representative of Viet Nam noted that MC12 was a long -awaited opportunity for 
Members to collectively demonstrate that the WTO c ould meaningfully deliver. Viet Nam support ed 
WTO Reform for revitalizing the rule s-based multilateral t rading system for achieving post pandemic 
recovery for the benefit of all people with due consideration of the difficulties of developing  and LDC  
Members. V iet Nam  support ed Dr. Ngozi's  view that Members need ed to demonstrate that the WTO 
was part of the s olutions to tackle pressing global challenges. Members should focus on s ubstance 
over form . The outcomes should be multilateral  and inclusive  – ensuring the balance of Members ' 
rights and obligations.  Inclusive ness and impartial conduct  and open and transp arent engagement  
remained key principles in that process.  
3.195.   Given the  little time  they had be fore MC12, Members should  take a realistic approach and 
focus on a limited set of expected outcomes  – and they  were working hard in th at direction. The 
conclusion of  the fisheries subsidies negotiations and concrete measures to support equitable access 
to COVID -19 vaccines were of utmost importance.  There ha d been positive developments in the TN/C/M/ 40 
 
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  negotiations especially for fisheries subsidies as Members were moving into a higher gear, 
considering the urgency of concluding th at negotiation. Viet Nam welcomed Dr. Ngozi's c all to involve 
and mobilize support from the political and decision -making lev els for th ese negotiation by 
organizing a virtual Ministerial Meeting in July. It was critical for Members to take concrete measures 
to ensure equitable access to vaccines and other tools for C OVID -19 response for ensuring fair 
recovery without leaving any one behind.  
3.196.   Agriculture was important in terms of  livelihood and food security, poverty eradication and 
socio-economic development of Viet Nam  – one of the developing countries  seriously affected by 
climate change. Viet Nam  therefore support ed agricultur al trade reforms for sustainable 
development, ensuring a fair and undistorted agriculture  trade. Viet Nam  co-sponsor ed the 
Framework for Negotiations on Domestic Support in Agriculture, and the proposal on SPS Declaration 
for MC12.  Viet Nam  also attach ed importance to food security, support for MSMEs, poverty 
alleviation, gender equality, especially for achieving recovery post pandemic . Viet Nam st ood ready 
to work closely and constructively with Dr. Ngozi  as WTO Director -General and TNC  Chair, and with 
other  Members for a successful MC12 that would  revitaliz e the WTO.  
3.197.   The representative of Ecuador  said that Ecuador ha d faith in Dr. Ngozi's  leadership and in 
her decision to promote the advancement of the WTO's agenda . On priority issues for MC12, on 
fisheries subsidies , Ecuador  congratulate d the NGR Chair, Ambassador Santiago Wills, for the work 
carried out  and welcome d the support and good offices that Dr. Ngozi  had shown on the issue. 
Concluding the negotiations towards the middle of th e year should be prioritized . A fisheries 
subsidies outcome should include provisions on small  scale or artisanal fishing due to the activity's 
impact, both socio -economic and on food security. Ecuador, in conjunction with Argentina and Chile, 
had submitted a proposal o n this subject which ha d received a lot of support and whic h would be 
reflected in the Chair's new text.  Ecuador  was hopeful that the Agreement under negotiation w ould 
contain strong and effective  provisions on IUU fishing and fishing on the high seas, as well as 
equitable and effective S&DT  that t ook into account  the specific realities and requirements of each 
Member. Ecuador  looked forward to the text that the NGR Chair ha d announced w ould be presented 
on 11 May.  
3.198.   Ecuador  took note of the report on agricul ture by Ambassador Gloria Abraham and 
commend ed her on her work. Ecuador was committed to the agriculture negotiations . Its priorities 
include d the pillars of market access, domestic support and special safeguards.  It was clear that 
Members  should not reduce the level of ambition in an area as important as agriculture. A feasible 
outcome in th is regard would help to ensure a comprehensive balance in the ongoing negotiations 
while significantly contributing to the recovery of international trade and the rebooting of the 
economy once the pandemic was over. Ecuador was open to dialogue and st ood ready to enter into 
understandings that ensure d that  international trade in agricultural goods operate d on a level playing 
field for all Members.  
3.199.   Ecuador believed t hat the dispute settlement system play ed a central role in the 
predictability and security of the rules -based multilateral trading system. A large number of Members 
agree d that, for th is reason, they should begin making concrete efforts to find a way out o f the 
impasse that for years ha d impeded the functioning of the Appellate Body. MC12  provide d a timely 
opportunity to reach understandings. The idea of creating a panel to reflect on th is matter was 
fitting . 
3.200.   On trade and health, Ecuador advocate d the activ e management of the organization and its 
reform so that it c ould operate as a dynamic factor in the recovery of international trade in the post 
pandemic era and  provide support for addressing public health emergencies.  In the short term, 
Members  should  work on removing all trade barriers that prevent ed access to medical items in 
particular C OVID -19 vaccines. Members should  put into practice the guarantees of free, transparent, 
equitable and  timely access to the vaccines that were currently the best tool for  halting the pandemic 
and ensuring a return to normality  – timely access that t ook into consideration priorities in terms of 
vulnerability and that left  no Member  behind.  Ecuador  welcome d Dr. Ngozi 's dialogue with multiple 
stakeholders, which, together wit h the discussions on trade  and health , serve d the Members' 
common interest and reflect ed their commitment to find collective solutions in th is area. 
3.201.   On trade and environment , Ecuador  recogni zed the importance and urgency of the 
discussions on trade and environment.  It had joined the WTO Informal Dialogue on Plastics Pollution 
and Environmentally Sustainable Plastics Trade. The Dialogue had begun with the successful TN/C/M/ 40 
 
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  coordination of the March sess ion by the Ambassador of Morocco. The next meeting, coordinated by 
Ecuador and Barbados, w ould be held in June back to back with the Committee on Trade and 
Environment meeting and w ould focus on strengthening policy coherence, assessing capacity and 
techni cal assistance needs and identifying the scope for collective approaches. Ecuador  invite d all 
interested Members to join the Dialogue.  For MC12 , they could identify areas in which the WTO c ould 
contribute to efforts to create a circular economy and tackle plastic s pollution.  
3.202.   On the JSIs, Ecuador  had seen significant progress on e-commerce  – which  had two clean 
texts. Members were keen to move forward in th ose negotiations.  Ecuador  also welcome d the 
progress made in the MSMEs and investment facilitation init iatives. Ecuador was an active participant 
in those initiatives. It had raised the possibility of sharing experiences on innovation and MSMEs and 
had invited Members to participate in the discussion of th at proposal.  Ecuador  support ed the work 
on gender an d trade as an excellent platform for discussing the importance of gender in various 
areas of trade. Ecuador had contributed to the recent exchange of experiences by providing 
information on the Waorani Women's Association, a community undertaking where  trade play ed a 
key role in the sustainable advancement of women in the Amazon region.  
3.203.   The representative of Uruguay  said that Uruguay's priorities included agriculture, fisheries 
subsidies negotiations, trade and health, dispute settlement system, MSMEs and extending the 
moratoria on e -commerce and on TRIPS non -violation and situation complaints. Agriculture had 
always been a number one priority for Uruguay historically. Uruguay regre tted that it continued to 
be the most distorting and protected sector of trade globally. Creating an agriculture trading system 
that was fair and market -oriented continued to be the most imp ortant pending issue for the WTO. 
Members should not allow a new Ministerial Conference to go ahead without tangible results nor 
without a well -defined road map for future agriculture negotiations. Transparency should be part of 
that outcome,  but it could not be the only result because there were other important topics that 
should also be featured along that path. Market access was essential. It would be difficult to achieve 
significant outcomes at MC12 without a framework with a number of principles which would help 
relaunch negotiations under th is pillar. Together with five other delegations, Uruguay would be 
submitting a proposal to th is effect which it hoped to discuss over the weeks to come. Making 
progress on domestic support was also urgent. The proje ctions on levels under the Amber Box and 
looking at increasing levels of domestic support granted under other types of support were warning 
signs which Members should not fail to recognize. The context of the negotiations in th is pillar had 
been co -sponsor ed by Uruguay with 19 other delegations and it was a strong basis that Members 
should be looking to build convergence on and Uruguay would call on all Members to commit to 
discussions for achieving a basic agreement for th is negotiating pillar. Uruguay was  ready to 
participate constructively in discussions on the other negotiating areas recalling that any outcome 
should be balanced and should fundamentally represent a step forward and not a step back in the 
process for reform provided for in the Agreement o n Agriculture.  
3.204.   On fisheries subsidies negotiations, Uruguay continued to be committed to achieve a 
significant tangible outcome. It would be necessary to focus on the most harmful subsidies 
particularly those subsidies which extended beyond the national ju risdiction because of their 
contribution to overfishing and overcapacity.  
3.205.   On trade and health, the COVID -19 pandemic had had a significant effect on the lives of 
every individual at all levels. The organization had not been spared from th is reality. Curre ntly, there 
was a proposal for exception to various provisions of the TRIPS Agreement which sought to provide 
a temporary suspension to IP rights which would lead to more equitable access to vaccines and to 
COVID -19 treatments. The proposal, although it ha d its merits, nevertheless, was seeing resistance 
from some Members. By looking at the various positions on th is proposal, Members would see that 
there was no consensus. Probably, by December, there would not be consensus but there was a 
high risk that tha t topic would become a contentious issue that would not see a good outcome. What 
had transpired at the TRIPS Council meant that Members' position was getting closer to the third 
alternative expressed by Dr. Ngozi. Uruguay defended the status quo with the f lexibility with regard 
to exemptions on a case -by-case approach and under exceptional circumstances. A frank and 
effective dialogue was fundamental between governments for developers, laboratories and 
researchers for holding voluntary licenses or use agree ments supported by public policy. Uruguay 
was flexible in terms of negotiating.  
3.206.   On the dispute settlement system, although Uruguay agreed with many of the concerns that 
had been raised over those last few years, it would launch an appeal to leave aside dif ferences and TN/C/M/ 40 
 
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  to start negotiating at least on a roadmap to fully restore that essential function of the organization. 
On the moratoria on e -commerce and on TRIPS non -violation and situation complaints, Uruguay 
supported their extension. Th is agenda could b e ambitious,  but it was possible. Members should be 
up to the task and take on the responsibilities that fell on their shoulders.  
3.207.   The representative of the Gambia  aligned his delegation  with the statements delivered by 
the ACP, the African Group and the LDC  Group . The main multilateral negotiating priority was an 
outcome on fisheries subsidies that deliver ed on SDG 14.6 and the MC11 mandate. Such an outcome 
should  be balanced and should ensure that harmful subsidies contributing to overcapacity and 
overfishing were prohibited with effective S&DT  for developing and LDC  Members . The Gambia  
looked forward to receiving the Chair 's revised text and working on that basis to prepare for the July  
Ministerial.  On agriculture, an ideal MC12 outcome package should include domestic support, a 
permanent solution on PSH, SSM and cotton. An outcome regarding the proposal on export 
restrictions on food purchases by the WFP w ould have a positive impact on the WFP 's lifesaving work 
and would demonstrate the WTO 's ability to contribute to humanitarian initiatives.  
3.208.   On development, the Gambia  thank ed the CTD SS  Chair for her continuous efforts in trying 
to advance work on th at important but politically sensitive file. To break the deadlock in the CTD  SS 
and shift to substantial discussions, all Members  needed to show flexibility, pragmatism,  and political 
will. An outcome in the CTD  SS would not only benefit the proponents but  also the entire Membership 
as it w ould help unblock other areas of their work. On trade and health, the WTO ha d an important 
role to play and The Gambia  was supportive of Dr. Ngozi's  effort s in engaging with manufacturers 
to help ensure equitable access to vaccines. This should however  be complemented by a shift to 
text-based negotiations in the TRIPS Council with a view to finding a solution on the waiver proposal. 
The Gambia  stood ready to  work constructively in a solution -oriented manner both in its national 
capacity and within the context of the Negotiating Groups to ensure that MC12 was a success.  
3.209.   The representative of Mongolia  support ed Dr. Ngozi's  view and share d the position expressed  
by Members on the  need to work hard to have substantial outcomes at MC12. On many issues , 
political will was needed . Members  should  engage constructively in the work leading to MC12.  
Mongolia commend ed the G eneral Council  Chair for calling on the group co ordinators to exchange 
views on the outcome for MC12 reflective of Members' positions.  An outcome on fisheries 
negotiations was one of the important issues to finali ze by MC12.  Mongolia support ed a meaningful 
outcome in regulating subsidies that contribute d to overfishing  and overcapacity  as fisheries  could 
play a major role in the promotion of economic development especially through diminishing trade 
distorting measures. As such,  the interests an d the rights of  developing countries  should  be 
safeguarded in multilateral instruments.   
3.210.   Although some Members d id not have direct access to the sea, they ha d ships that fl ew the 
flags of th ose countries. For example, Mongolia ha d 350 ships that fl ew its flag and th ose ships also 
engage d in fishing. Th ose countrie s would inevitably be affected by the multilateral instruments and 
their rights could  eventually be affected by the decisions of coastal states. Mongolia  looked forward 
to the NGR C hair's revised t ext and support ed the target date of end July. On ot her issues, the needs 
of developing a nd LDC Members should  be at the core and an inseparable part of MC12  outcome s. 
On agriculture, Mongolia as a G -33 member, was of the view that PSH and SSM remain ed important 
issues.  Mongolia remain ed ready to engage with Members with a view to resolving th ose issues and 
arriving at consensus. Mongolia associated with the statement made by Article XII Members  
highlighting the position that Members should ensure a level playing field in current negotiations on 
market access. Mongolia remain ed ready to work closely with Members to make MC12 a success.  
3.211.   The representative of  the Bolivarian Republic of Venezuela  reiterate d its willingness to 
contribute to its management and its commitment to a fair, transparent, rules -based multilateral 
system that serve d as a tool for the development of all people.  Venezuela  support ed the process 
proposed by the NGR Chair and thank ed him for h is active participation in th at crucial phase of the 
fisheries subsidies negotiations. The success of th ose negotiations depend ed on Members'  responses 
to the elements set out in the negotiating mandate reflected in SDG 14.6 especially the inclusion of 
S&DT which was appropriate and effective for developing and LDC Members. Venezuela hoped to 
achieve more flexible rules on artisanal and small -scale fishing  and looked forward to substantive 
outcomes in agriculture especially in PSH and SSM . 
3.212.   On the launch of the selection process for Appellate Body vacancies, Venezuela  encourage d 
the Member that oppose d that process to reflect and to contribute to the prompt restoration of the TN/C/M/ 40 
 
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  work of th at body and to dispute settlement in general.  On the S&DT negotiations, Venezuela  hoped 
for the adoption of results based on the G -90 proposals which it support ed. At a time when the 
COVID -19 pandemic continue d to ravage the world , Venezuela  support ed every effort that c ould be 
made by th e WTO  to address the negative consequences of the pandemic. Venezuela  hoped for a 
prompt outcome on the waiver o n certain provisions of the TRIPS Agreement for the prevention, 
containment and treatment of COVID -19 and Members  needed to move to text -based discus sions.  
3.213.   On how to proceed,  the key point in th ose negotiations was to restore confidence among 
Members making it clear that any outcome should  be inclusive. All Members should  feel that they 
were being taken into consideration and recognized in their own re alities. Otherwise, Members  were 
doomed to fail. In addition to speaking, they should  also listen. It was necessary to understand the 
different capacities that WTO Members ha d to implement active development policies which c ould 
translate into concrete act ions and provisions on the matters agreed upon in the negotiating 
mandates, preventing any subsequent dilution into commitments that c ould not be fulfilled.  
3.214.   Members we re well placed to move forward in all the negotiations and to ensure that the 
WTO fulfil led all the functions for which it  had been  created in keeping with the principles agreed in 
the organization, respecting consensus and abiding by the negotiating mandates.  Venezuela  hoped 
that the organization w ould address the issues of concern to most Me mbers including unilateral 
coercive measures to ensure a fair multilateral trading system that was reliable and respectful of 
States' sovereignty and to obtain the benefit promised under the Agreement that had established  
the WTO including raising standard s of living and ensuring full employment.  
3.215.   The representative of  the Philippines  said that , under agriculture negotiations , the Philippines 
appreciate d the consistent leadership of Ambassador Gloria Peralta in the work undertaken and the 
work of the Facilitators. Focussing on MC12 , the Philippines reaffirm ed its commitment to achieve 
outcomes on the mandated issues of PSH  and SSM . It hoped there was a work programme or some 
result that c ould lead to a post MC12 work programme  and remain ed hopeful about an outcome on 
the non -imposition of export prohibitions or restrictions to humanitarian food purchases by the WFP.  
3.216.   On fisheries subsidies negotiations , the Philippines thank ed Dr. Ngozi  for her vision to build 
momentum and conclude the negotiations th is year and was supportive and look ed forward to the 
revised text due the following week . The Philippines also  support ed the work of Ambassador Santiago 
Wills and the Facilitators as work intensifi ed and led to a new text. The reflection of five months of 
incremental progress was quite important . The Philippines  looked to certain issues that were 
important to developing countries including the issues of relating to the territorial waters.   
3.217.   On the JS I, the Philippines thank ed the continuous progress in the various JSIs specifically 
on electronic commerce , investment facilitation, MSMEs and trade and gender to which the 
Philippines was a signatory . It had been an active participant in most of the JSIs because those 
hugely and positively contribute d to the multilateral trading system respond ing to cha llenges of 
modern -day global trade.  The WTO should  remain relevant and should  respond to current issues . 
The Philippines  hoped that th is initiative w ould bear fruit at MC12. On e-commerce , steady progress 
had been shown. The Philippines welcomed developments on i nvestment facilitation  and trade and 
gender and noted the importan ce for the Working Group on MSMEs to identify and set goals and 
targets for MC1 2.  
3.218.   The Philippines  recogni zed Dr. Ngozi's  leadership in trying to find new ways of doing business 
for the WTO , in seeking delivery units and in having a multi -track programme . The Philippines  looked 
to her leadership as TNC Chair to keep separate, parallel  dialogues ongoing for the MC12 track , the 
post MC12 track and the track for MC13. By keeping separate tracks , separate deliverables and 
separate target dates, under Dr. Ngozi's  new leadership , she could encourage everyone to pitch in 
and do the work and s omehow be flexible on what c ould be done for MC12 while being assured that 
issues of importance to them w ould be handled post MC12. Members we re indeed at a juncture 
where her leadership and the will of the WTO Membership must go hand in hand.  The Philippi nes 
fully support ed the  July Ministerial . Engagement with Ministers and leaders w ould be important in 
July and in early September if Members  were to have a successful MC12.  
3.219.   It was a daunting task for Members as they tackle d the health crisis  caused by the COVID -
19 pandemic. The Philippines  support ed many calls by Member s to find a win -win solution . Members 
should  protect intellectual property  while ensuring the timely delivery of vaccine s. A win -win TN/C/M/ 40 
 
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  situation and the WTO's role to contribute to a win -win situation or a third way should  be found 
ahead of MC12 so that Members  remain ed relevant and sensitive to issues of developing countries.  
3.220.   The representative of Cameroon  support ed the statement made by the ACP.  On expectation s 
and prospects for MC12  and how to help turn them into reality, Cameroon recalled that Dr. Ngozi's 
previous statements indicate d that concluding the fisheries negotiations was a priority. Cameroon  
share d the willingness of those advocating an effective re duction in subsidies that contribute d to 
overcapacity and overfishing in industrial fisheries. Th is overcapacity  had also led to illegal fishing 
in violation of Cameroon's  State laws and regulations. It was therefore vital that the principle of 
common but differentiated responsibility be enshrined in th e agreement since Members such as 
Cameroon we re not the problem. It would also make sense to exclude from the scope of th e 
agreement artisanal and small -scale fisheries which receive d less than 18  per cent  of subsidies and 
participate d little in international trade. Excluding artisanal fisheries should not however result in an 
impractical and artificial delimitation of their waters that confine d artisanal fishing operators to a 
reduced area of water poor in fi sh stocks especially when already suffer ing from a severe lack of 
capacity. Members  did not have the mandate to indirectly modify the relevant provisions of 
international law on the responsibility of coastal and flag States. Th at would set an unfortunate 
precedent and render inoperative the surveillance of waters and the reporting of violations pertaining 
to illegal fishing.  The success of the proposed Ministerial Meeting  in July w ould depend on Members'  
common ability , including that of the NGR Chair, to consider  the legitimate expectations of all parties. 
As always, Cameroon  remain ed open to considering the flexibilities requested by certain Parties to 
maintain their subsidies in light of the above -mentioned points.  
3.221.   On agriculture, it was important for MC12 to establish, above all, the principle of capping 
domestic support measures at the de minimis level – no AMS above de minimis. Th ose discussions 
on agriculture had begun a long time ago and c ould not be extended inde finitely. Cameroon 
supported the ACP and the African Group p roposals in that regard. On  development, Cameroon 
regret ted that some Members had  thought that it was appropriate to discriminate in respect of 
certain aspects of the Doha mandate and to block neg otiations on issues of interest to developing 
Members . Cameroon , like other Members, was concerned about th at approach  – one that was not 
conducive to building the trust need ed to strengthen the WTO. Development should  be viewed as 
an integral part of the Marrakesh A greement . Disregarding the expectations of developing countries 
would, in the long -term, widen the cracks in th e WTO . Cameroon ha d always favoured a pragmatic, 
relevant and consensual approach to development issues including  S&DT.  
3.222.   On the TRIPS m oratorium granted to LDCs and the extension of the transition period 
requested in respect of graduated  LDCs, Cameroon d id not believe that th e extension w ould, in 
substance, be detrimental to  Members' interests  and call ed for their collective good will in that 
regard.  On the  TRIPS Waiver P roposal  related to combatting the adverse effects COVID -19, 
Cameroon ha d repeatedly emphasized that no measure would be a panacea. Members  should not 
however refuse to consider a proposal that could save lives on the g rounds that it ha d limits. It was 
only by putting all th ose measures in the basket that Members  could  provide an effective and 
comprehensive response to the COVID 19 pandemic. Cameroon  applaud ed Dr. Ngozi's  initiative to 
increase vaccine production capacit y. On the dispute settlement mechanism and the Appellate Body, 
Cameroon call ed for the restoration of th at pillar of Members'  work. It would be equally wise to 
reflect on how to make th at mechanism more accessible to developing countries that d id not alway s 
have sufficient means to initiate and follow the procedures.  
3.223.   The key to the success of MC12 w ould depend on the sincerity and willingness of Members 
to work for fair and equitable results and agreements in accordance with the letter and spirit of the 
Marrakesh Agreement which ma de trade a simple tool for the development and progress of nations. 
Cameroon w ould take its share of responsibility and provide its support while ensuring that Members'  
deliberations were in line with th ose original principles on w hich the WTO was built. 
3.224.   The representative of Sri Lanka  said that Sri Lanka continue d to be a firm believer in  
multilateralism and , by extension, view ed the value in the rules -based multilateral trading system 
of the WTO. The principles of consensus, inclu sivity and fairness  were indispensable features of the 
organization and what permit ted its Members to participate in its decision -making function fully – 
guaranteeing that the ir rights and obligations were not nullified or impaired. Sri Lanka, being a smal l 
economy, was therefore  concerned if any of those principles were misconstrued or applied in a way 
that unfairly impact ed them. Members  should not only be seen as compliers of the rules but also as 
rule-makers whose interests were incorporated in said rules. Sri Lanka was concerned of any TN/C/M/ 40 
 
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  interpretation of the concept of consensus which would seemingly signal that there was agreement 
on text or concepts where no such agreement exist ed.  
3.225.   In the lead up  to MC12, Sri Lanka call ed for clear modalities on how consensus was defined 
and how texts or concepts would be  viewed as having reached agreements by Members including in 
key negotiating areas  such as  the ongoing fisheries subsidies discussions.  Sri Lanka s aw that 
outcomes at MC12 w ould be relevant if Members  were ready to discuss all issues under the lens of 
economic recovery, inclusivity and sustainability. The COVID -19 pandemic, together with the impact 
of climate change, illustrate d more sharply the vulnerability of poor populatio ns to external shocks. 
Indications were that the recovery from the pandemic in developing countries t ook much longer as 
many of them lack the fiscal space to facilitate economic recovery. On the implementation of 
Ministerial mandates, apart from still havi ng a lot of work to be done, Members also  needed to renew 
their political willingness to ensure meaningful progress on the mandated issues. It was within those 
parameters that Sri Lanka w ould engage in the discussions with a constructive and open mind with  
a view to finding solutions and a good outcome at MC12.  
3.226.   Sri Lanka welcome d the work of the CoA SS Chair and the Facilitators and underscore d the 
importance that it attache d to those negotiations being transparent and inclusive – respecting Article 
20 of the Agreement on Agriculture and consistent with the Doha mandate. Finding a solution to the 
problem of import surges through SSM, preserving existing non -trade distortive domestic support 
programmes and bringing a permanent solution on PSH for achieving t he food security objectives 
were outcomes which Sri Lanka  expect ed to achieve at MC12. Members should not miss again the 
deadlines. They need ed to set out goals to advance the negotiations to ensure agriculture reform 
create d fair disciplines and promote d food security in addressing the current pandemic challenges 
and their impact on food security.  
3.227.   On the TRIPS Waiver, like many developing Members, Sri Lanka believe d that the 
mechanisms that had been put in place at the international level to deal with dif ficulties in access to 
vaccines, such as COVAX, remain ed to be insufficient. The productive capacities and the deliveries 
were closely linked to intellectual property issues. As a result, they ha d not been able to meet the 
demands of many countries. More than 85  per cent of countries had fail ed to obtain enough vaccines 
for their population. Th is was why Sri Lanka continue d to support the initiative for a waiver of certain 
provisions of the TRIPS Agreement. Sri Lanka hope d that Members would support the Wai ver for 
them to meet those unprecedented challenges together.  
3.228.   On fisheries, Sri Lanka urge d Members to remain in line with the Buenos Aires mandates in 
prohibiting subsidies that contribute d to overfishing and overcapacity. Without the strong 
prohibition, the discipline would lack the ability to control overfishing and overcapacity and would 
enable big subsidizers to further enhance their capacity. In th is regard, the "polluters pay" principle 
should be respected and Members should have effective S&DT provisions. Disciplines on artisanal 
fishing c ould not alone cover the overall scope of S&DT and  it was imperative that the next draft 
revision include d meaningful and effective provisions on S&DT.   
3.229.   Sri Lanka remain ed engaged on all those issues and was open to Dr. Ngozi's suggestion  that 
Members should also engage as to what c ould be delivered at MC 12 on the issue of COVID -19 and 
its impact using the available means within the WTO System. Sri Lanka look ed forward to a 
successful MC12, st ood ready to contribute towards achieving a meaningful outcome at MC12 and 
pledge d its best efforts to support the Membership at MC12 later in the year.  
3.230.   The representative of Kenya  aligned his delegation with the statements made  by the African 
Group and the ACP. G iven the extraordinary situation in which Members  found themselves, it w ould 
be prudent to make as much pr ogress as possible in the priority areas that it would  identif y to avoid 
bloating Ministers ' agenda at the Conference later in the year. Kenya consider ed the following four 
areas as priorities for MC12 . On the conclusion of the fisheries subsidies text , with the negotiations 
at an advanced stage, Members  should  work round the clock to produce a final, or at  the very least, 
an advanced text that Ministers c ould consider in advance of MC12 as ha d been proposed by D r. 
Ngozi . S&DT wa s an integral principle of t he WTO and the respective provisions and decisions were 
important to many developing and LDC  Members  as they implement ed their obligations in th ose 
WTO Agreements and Ministerial Decisions. While it was important to uphold the existing S&DT 
provisions and follow up on their implementation, it was equally important to consider the new S&DT 
proposals tabled by the G -90 and find ways to integrate them in the WTO work programme.  TN/C/M/ 40 
 
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  3.231.   On agriculture, the COVID -19 pandemic ha d exacerbated food insecurity and 
undernourishment among many developing and LDC  Members. Th is called for intensified search for 
a permanent solution for P SH cover ing existing and future program mes undertaken by developing 
countries. SSM was also at the heart of developing countries ' concerns. Developing Members should 
therefore  have the right to  access operational, flexible and easy to use price -based and volume -
based SSM to address import surges and price depressions in line with the Nairobi Decision.  
3.232.   On COVID -19 and the role of the WTO, the devastating  impact of COVID -19 on humanity 
could not be overstated. The world ha d been, in one way or another, affected by the pandemic 
leading to varied interventions, either unilaterally or in collaborati on with other stakeholders to 
mitigate the situation. Some of the measures were applied without the necessary tools. The ongoing 
discussion at the TRIPS Council on the proposal for a waiver from certain provisions of the TRIPS 
Agreement for the containment , prevention and treatment of COVID -19 ha d slowed down, while in 
the meantime, many  Members , especially developing and LDCs continue d to be constrained by their 
limited access to vaccines, therapeutics and diagnostics. In the remaining months, Kenya wishe d to 
see sustained engagement and momentum to reali ze the TRIPS Waiver at MC12 . 
3.233.   Kenya expect ed to see Members chart a clear roadmap on how the remaining issues w ould 
be addressed post MC12. Among the urgent issues included the reinvigoration of the Appellat e Body . 
The Appellate Body was effectively paralysed for reasons of which Members  were all well aware. 
Kenya, like many other s, wa s a fervent proponent of the preservation of the essential features of 
the dispute settlement system : an independent two -tier dispute settlement system  with automaticity 
in the launch of proceedings and decision -making by the  DSB by negative consensus. Members 
should therefore  pragmatically consider the fate of the A ppellate Body  in the context of the pertine nt 
concerns that some  of them  had with the system and reinvigorate the resumption of the system as 
they address ed these concerns. On WTO Reform, many Members agree d that after more than two 
decades since the establishment of the WTO, some areas need ed to be revitalized to align with the 
fundamental change of circumstances as well as for the system to continue serving its purpose as a 
forum for multilateral trade negotiations.  
3.234.   The representative of Pakistan  echoed the statement made by India and others on a n 
important procedural aspect which had been  raised in the convening notice. Pakistan  also note d that 
Dr. Ngozi had  taken note and respected that stance. Pakistan remain ed committed to achieving 
outcomes including o n WTO Reform that focus ed strongly on a d evelopmental approach and 
correcting past mistakes that c ould make th e WTO work for the world 's poor especially in the post -
pandemic world with renewed realities. Pakistan  had full faith in Dr. Ngozi's leadership to provide 
the WTO impetus that would restore trust in the organi zation and bring equitable prosperity across 
the globe.  
3.235.   The most immediate issue was that of the pandemic itself. Virus mutations and evolution of 
new variants were taking place at a much faster speed than the supply of vaccines especially to poor 
countries. T his had played havoc with lives in high -population countries and death tolls were rising 
exponentially. All th is while its request for a temporary, limited -scope waiver from TRIPS obligations 
to enable all available global production facilities to supply vaccines at rapid pace  continue d to meet 
resistance. Members should  address th is issue urgently and effectively and move to text -based 
negotiations if they wished to save human lives before they move d on to fish. Pakistan  appreciate d 
Dr. Ngozi's personal commitment and efforts on enhancing vaccine production and availability and 
was open to all sorts of means of doing th at. The WTO would not be doing itself any favour by 
arriving at MC12 without a breakthrough on th is having been made hopefully , much earlier to MC12.  
3.236.   On fisheries, an important deliverable for MC12, Pakistan  appreciate d the Chair 's efforts to 
bridge differences. Pakistan  hoped the revised text w ould be a jump forward and the Ministerial 
interaction in July w ould hopefully be fruitful. Some fundamental differences  however  needed to be 
addressed. Along with the environment  and the oceans, ensuring livelihoods and prosperity of poor 
populations always remain ed a paramount concern. Members  should  not create fundamental 
anomalies in the fisheries subsidies text as they had done  in the Uruguay Round which would haunt 
future gen erations. Sustainability  should  rest on the principle of "polluters pay " and they should  pay 
first. Those who were not polluting  or depleting historically c ould not be asked to cut their ambitions 
of developing sustainable fisheries industries. S&DT  for de veloping countries was a negotiated right. 
This could not be diluted to a case -by-case or needs -based approach  – neither in the fisheries 
negotiations nor elsewhere in the WTO. Th is could derail meaningful movement on any issue. 
Similarly, artisanal and small -scale fisheries should  remain exempt from subsidy disciplines.  TN/C/M/ 40 
 
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  3.237.   On agriculture, without  large subsidi zers agreeing to cut domestic support first, movement 
would be difficult. Liv elihood and food security concerns in developing countries continue d to mount 
in the wake of the pandemic and therefore the need for levelling the playing field in agriculture trade 
remain ed paramount . Specific entitlements for developing countries, their S&DT provisions and the 
interests of NFIDCs should  not be swept away. Poor cotton farmers should  be at the forefront  in 
finding solutions. Without taking the above on board, any initiative purporting to address food 
security would be banal and merely cosme tic. 
3.238.   Pakistan  continue d to call for the restoration of the Appellate Body to its mandated status. 
The broken pillar of the WTO should  be fixed to keep the system running and an early resolution 
was essential without creating any conditions or linkages to o ther WTO issues. On development 
manifested in higher standards of living, achieved through a structural transformation of economies  
of developing countries , greater technological capabilities, and production capacities, achieved in a 
sustainable way – should be the cornerstone of Members'  activities and the end result of their 
endeavours. Th is was true for all negotiations and discussions on reforming the organi zation. The 
multilateral Work Programme on E -Commerce should  be reinvigorated to live up the Mini sterial 
mandate given by the Membership 's consensus. Similarly, the moratorium on electronic 
transmissions should  be viewed with a fresh lens to allow developing countries their needed policy 
space for digital industrial development.  
3.239.   Moving towards MC12, Members'  objectives should be driven by the need to fight the 
pandemic, save human lives and provide a platform to the world for sustainable development and 
improved standards of living for the world 's poor in the post -pandemic environment. Th is drive 
towards equitable global prosperity was only possible if developing countries ca ught up rapidly with 
the advanced ones . Members  should  provide them the framework and impetus to do so. It was in 
the hamster 's nature to run. It was Members  who cage d it in a wheel . 
3.240.   The representative of the United States  confirm ed that it was ready to offer its support to 
make the WTO more relevant to  the stakeholders and to ensure that Members  were setting up MC12 
for success.  The U nited States  would have more to say  on MC12 objectives in the following weeks  
but it  had been an active participant in the wide range of meetings that f ell under the TNC agenda 
and ha d worked hard to be clear and constructive in those meetings. The United States  did not have 
much more to sa y on those issues.  That said,  the United States was  eager to hear Dr. Ngozi's  vision 
and plan for the process between the present meetings  and July.  The United States  had been 
listening carefully to the interventions and statements  at the present meetings , including the 
aspirations for ongoing negotiations and for MC12  and had heard nothing  new. But the United States 
was hopeful that Dr. Ngozi's  efforts to bridge gaps and break the cycle of talking past each other 
would soon bear fruit.  The United States  urged a collective focus on what Members  could reasonably 
deliver in the few short months between the present meetings  and MC12.  
3.241.   Conclusion of the fisheries negotiations remain ed a top priority.  The U nited States  remain ed 
committed to constructive engagement in th ose negotiations and to a meaningful outcome.  The 
United States  had participated in recent meetings on overfished stocks, IUU, overfishing and 
overcapacity, artisanal exemptions and S&DT. Additional focused prohib itions on the most harmful 
subsidies should  also be included  – specifically, the prohibitions concerning subsidies contingent on 
fishing beyond national jurisdiction and subsidies for vessels that d id not fly the flag of the 
subsidizing Member. Members  needed to have a meaningful agreement which improve d 
sustainability of fisheries resources and discipline d harmful fisheries subsidies to protect the 
environment and the sustainability of the oceans and fisheries resources.  
3.242.   The U nited States  had also been an active participant in the CoA  SS. Given where Members  
were in those negotiations , with a wide range of views across all negotiating areas, the United States  
saw the most realistic outcomes for MC12 as those related to transparency and possibly the export 
restriction proposal specific to the WFP. The United States  did not  come to th at view lightly. It had 
carefully considered where it saw Members moving towards convergence in any way and where they 
remain ed locked in their positions or either diverging. With  that said, the United States  recogni zed 
that ag riculture  was a priority for many Members,  and it remain ed willing to hear ideas that 
address ed distortions in global agriculture  markets. But in the short -term, Members  needed to stay 
focused on what was actually realistic for MC12 . The United States  would have more to say on other 
elements being proposed for MC12 outcomes as part of the G eneral Council agenda. In addition, t he 
United States  continue d to advance work on improv ing the WTO's existing transparency obligations 
and on a Ministerial Decision on SPS.  TN/C/M/ 40 
 
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  3.243.   The representative of Thailand  said that , on expectations from MC12, Thailand w ould need 
to see three  things or three  clusters of issues. First, it wished to see the WTO concl ude legacy issues 
to show leadership on the WTO's rulemaking role.  Second, Thailand  wished to see t he WTO playing 
a role to help Members to tackle the current challenges which had been related to the COVID -19 
pandemic problem . Thirdly, Thailand  wished to see that the WTO ha d a role in helping to prepare 
Members to go back to economic recovery and economic revival that would come after the vaccine 
had been available throughout the world. For the WTO to play a leading role in rulemaking , Thailand  
wished to see the conclusion of four issue s: (i) fisheries subsidies, (ii) Appellate Body impasse, (iii) 
framework on agriculture domestic support negotiations and (iv) reach ing agreement on the 
extension of the moratorium on TRIPS non violation and situations complaints as well as the e -
commerce moratorium.  These legacy issues had to be concluded as soon as possible to show the 
WTO's leadership on rulemaking.  
3.244.    MC12 should also provide guidance on t he role the WTO c ould play in helping Members 
address the COVID -19 pandemic issues including  ensur ing trade flows and minimiz ing the impact 
from the global pandemic. MC12 c ould help the WTO in reaching three  issues, namely (i) agreeing  
at the multilateral level on the non -imposition of export restrictions for food purchases by the WFP 
(ii) conclu ding the services domestic regulation disciplines a nd the e -commerce negotiations , and 
(iii) the WTO role in trade and health . Thailand support ed Dr. Ngozi's  initiative  in this regard. 
Thailand  wished  to see the WTO play its role in the fight against the  global pandemic and  fully 
support ed Dr. Ngozi  to continue pushing efforts aim ed at accelerat ing global manufacturing capacity 
and supply chain i n order to ensure timely and universal access to COVID -19 vaccine s. 
3.245.   Thailand also  looked at focusing on  the WTO in the future. The WTO should continue to be 
relevant to international  econom ic development.  At MC12 , Members should  focus on issues relevant 
to WTO Reform. This was one of the things that Dr. Ngozi  had been pushing forward and Thailand 
supported  her efforts in th is regard . On WTO Reform, Thailand  wished  to see a work plan for post 
MC12 that would help sectors such as  tourism and help MSMEs recover after the devastation caused 
by COVID -19. Thailand remained  flexible on the details . The WTO should play a role in the future , 
post COVID -19, and there should be a work plan. WTO Reform  should focus on strengthening the 
effect iveness of transparency and monitoring functions a nd a balanced integration of emerging 
trade -related issues in the WTO.  
3.246.   On what Thailand was planning to contribute to achieve such objectives,  it pledge d its 
support  on the process . Thailand  would be pragmatic, practical , flexible and w ould compromise as 
much as it could. By late June  or July, Thailand  wished  to see a timeline . Members should work on 
a schedule  from the date of  MC12 moving backwards incorporating the processes that would be 
underta ken to achieve deliverables. They could have  summary paper that contain ed a timetable on 
what they should  do. Having it before the summer break would be helpful for Geneva -based 
delegations and their capitals. Thailand heard Dr. Ngozi loud and clear that s he was selected as the 
Director -General not because she was  a woman or  African but because she was expected to bring 
change.  Thailand  applaud ed Dr. Ngozi's  energy , her guidance  and her  leadership that ha d been 
demonstrated at the present meeting and previo usly. Thailand assured her of its support in all her 
endeavours.  
3.247.   The representative of Kazakhstan  support ed the initiative  undertaken by  Dr. Ngozi  to ensure 
access to vaccines and medical goods. A strong Ministerial Declaration on health and trade was 
important as a potential outcome to ensure as a potential outcome at MC12 and Ottawa Group text 
could serve as a strong basis for th at purpose and had put emphasis on further reduction or 
elimination of export restrictions and addressing supply chain barriers as well as facilitation of 
logistics and customs procedures. This was a paper or ministerial declaration which w ould be 
addressing the current COVI D pandemic. But what Members  heard from the WHO and experts was 
that th e pandemic was not going to be the last one . In the declaration , it would be useful to have a 
task to trade negotiators to come up with a legal instrument after MC12 for adoption as a m ultilateral 
document by Members. This would address the issues of the epidemiological situation a nd post 
COVID and post other future epidemiological recovery.  
3.248.   On fisheries subsidies , Kazakhstan  suppor ted Dr. Ngozi's call  and the NGR Chair's proposal 
to con duct in July a ministerial meeting and to have, as much as possible, a clean text for Ministers ' 
consideration. That work should be undertaken and could be  taken up in the next TNC meeting . As 
a suggestion , HoDs could report to Dr. Ngozi  what they had done to converge the differences in 
positions . It would be important to continue discussions along what each delegation ha d done in TN/C/M/ 40 
 
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  order to achieve a meaningful outcome  because Members  had more or less consensus on what 
should be delivered . They however still had big differences in terms of how it should be delivered. 
It was therefore important that Members  were accountable and report ed to the TNC at the H ODs 
level what each delegation ha d done to ensure an outcome.   
3.249.   Another major multilateral outcome which Kazakhstan  expect ed at MC12 related to 
agriculture. Members ha d different views on what should be the elements of an outcome  including 
whether it should include domestic support due to th e time left before the Ministerial and the gaps 
which exist ed in Members'  positions . The second element with more consensus was export 
restrictions particularly regarding purchases by the WFP . Kazakhstan was working currently with 
various Ministries in ord er to join and support th is initiative.  
3.250.   The third element was transparency and notifications . There was more or less  consensus 
that agriculture outcomes should contain elements on transparency and notifications.  The DSB and 
AB situation  had to be resolved at MC12. On the JSIs , Kazakhstan believe d that services domestic 
regulation ha d potential for an outcome at the plur ilateral level . It had already submitted its 
provisional  schedule .  
3.251.   The representative of Cuba reaffirm ed that Cuba ha d always been in favour of strengthening 
multilateralism in all for a and promoting respect for international law, including multilateral t rade 
rules.  In any scenario before  the next Ministerial Conference, it was imperative to preserve and 
revitalize the principles and goals that underpinned the creation of th e WTO.  This could only be 
achieved  if Members  concentrate d on working on the mandat es that Ministers ha d agreed on and 
with respect to which it wished to see progress.  
3.252.   The Uruguay Round had concluded with many inequalities and imbalances for developing 
countries with regard to the adopted rules resulting in inherent advantages for develo ped countries, 
advantages that ha d been increasing for years. Th ose were issues that the unfinished and stalled 
Doha Round should resolve. Cuba stood for its continuity. Otherwise the credibility of the WTO would 
be in jeopardy. Everyone  should benefit fro m increased opportunities and wellbeing resulting from 
the multilateral trading system, putting emphasis on the needs and interests of developing countries, 
especially  LDCs. The Doha Round had focuse d inter alia on three key issues: strengthening S&DT  
provisions , addressing implementation issues,  and rectifying existing asymmetries in WTO 
agreements particularly in agriculture.  Since 1996, developing countries ha d been calling for WTO 
Reform to try to balance th ese rules and have greater policy space t o promote their development 
and use the same policy instruments as developed countries h ad used to industrialize.  
3.253.   In agriculture, the results should  be based on a permanent solution to  PSH and the 
implementation of a n SSM that was swift and easy to impleme nt. Domestic support was another 
priority. Cuba's  support w ould continue  on cotton related requests which it consider ed to be fair.  
The outcomes that could  be achieved c ould not result in accepting inherited inequalities or adopting 
new proposals that perp etuate d and aggravate d imbalances for developing countries or preserve d 
the historical advantages of developed countries. For th is reason, an outcome for MC12 based on 
the G -90 proposals on S&D T would help national efforts to stabilize  trade imbalances inc luding those 
resulting from the COVID -19 pandemic , to achieve better reconstruction and integrate successfully 
into the world economy and the global trading system.  
3.254.   On the fisheries subsidies negotiations, the outcomes  needed to respect the mandate of 
Ministers at MC11  which had establishe d the inclusion of appropriate and effective S&D T for 
developing and LDC Members . To preserve and strengthen the WTO, it was essential to end the 
unilateral measures that violate d binding WTO Agreements, the United Nations  Charter and 
international law, and to amend the laws and regulations of Members that prescribe d unilateral 
measures that were inconsistent with WTO rules. Th is was not a matter for Cuba , which for more 
than 60 years ha d been the victim of unrelenting economic, commercial,  and financial blockade that 
had taken place in the history of humanity . This was a matter that affect ed other Members including 
developed countries.  Cuba endorse d the statements made by the ACP Group an d the G -33. 
3.255.   The Trade Negotiations Committee took note  of the statements.  TN/C/M/ 40 
 
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  4  CONCLUDING SUMMARY  BY CHAIRPERSON  
4.1.  The Chair  thank ed delegations for their focused and candid statements. Although delegations  
did not entirely depart from prepared statements, many had made some effort in this regard.  She 
was pleased with efforts to try to engage  and thanked delegations . She addressed  the few themes 
she had  heard, which reassuringly echo ed what she had  been told in contacts with Members, both 
in Geneva  and in the capitals. Her statement would cover both the TNC and informal HODs.  
4.2.  She had  heard most of delegations  articulate that MC12 had to  send a clear signal that the 
WTO was back and  had a  clear path ahead. There was a desire to change the way the WTO was 
perceived, and that was shared by virtually every delegation that had spoke n. She had  also heard 
that the WTO should not fail at MC12 and that no one want ed to fail. To the contrary , the WTO had 
to emerge invigorated, relevant, and responsive to both the immediate challenges in the current 
pandemic, and to post pandemic recovery.  Delegations had said t hat there s hould be an agenda for 
the present  and post -pandemic, going towards MC13.  She had heard tha t Members should focus on 
the central essence of what the WTO had been  created to do – people – from creating jobs, 
supporting sustainability, and increasing incomes.  She had  heard delegations talk  about problems 
of the global commons, not just the pandemi c, but also issues of trade and climate. She heard 
delegations talk  about women and trade, food security, agriculture which was critical, and fisheries. 
She would return to all these areas that  had been articulated.  
4.3.  She had heard  useful principles that could guide delegations'  work in the following  weeks, or 
months as they sought  to press forward without surprises. These  had included transparency, 
inclusivity, and pragmatism. She was pleased to hear so many delegations talk about pragmatism, 
working towards outcomes that were meaningful, credible, and realistically doable. In addition, she 
had heard Members mention to the need to try to focus on the essential deliverables, with which 
they could  succeed, because time was short, and was of the essence. She had heard p rinciples about 
balancing interests and outcomes, how Members  should try to look at what was good for all and  try 
to balance own delegations' interests with the common interests. Delegations had also spoken about 
having  working formats that allow ed for engagement, while also ensuring that there was full 
transparency. These were some of the principles that she had  heard at the present meetings . 
4.4.  Turning to the substance , she believed that views were coalescing around the mos t viable 
priorities for delivery between now and MC12, although, there were still gaps on how to get there, 
and on the content of some of these deliverables. But it was clear and recurring that certain concrete 
deliverables stood out.  
4.5.  The first she wished  to mention was fisheries subsidies. She thanked d elegations for their 
support for having ministerial engagement on this by July, and potentially maybe if it was possible 
another subject. But on fisheries subsidies, she believed  that all Members  had agree d that they 
should seek to close by July. Delegations had heard Ambassador Santiago Wills report. She endorse d 
his call, urging HoDs to redouble efforts and exerc ise the necessary flexibility that was needed to 
overcome the remaining hurdles. By the time ministers  convened  virtually in July, she support ed 
Ambassador Wills that they had to be  present ed with a complete and clean text that facilitate d 
decision making.  
4.6.  What had been  striking to her was that despite  the remaining differences, she had  heard 
delegations speak  about how they were willing to be flexible, to come to the table and to engage. 
Despite some positions being restated, there had been  a willingness t o sit down and try to come to 
an agreement that w ould balance the interests of all Members. She would  be on hand to assist the 
Chair and Members. She had  been working with the Chair in small group negotiations and believed 
that the deliberations ha d been i nstructive and useful. She would also try to get some groups 
together in various formats but  would mainly be at the disposal of the Chair, to see how she could 
support him. She was  counting on delegations'  full support to the Chair. They were almost there,  
and she believed that everyone c ould see some light at the end of the tunnel. There were side trips 
that they might  have to take, but at the end of the day they were  all going through that tunnel, and 
would  see th e light, so she was encour aged.  
4.7.  Second  was something meaningful on agriculture. This was important to so many delegations, 
virtually every one of them.  Many delegations had indicated that no MC12 package c ould be credible, 
without outcomes on agriculture. They had heard Ambassador  Abraham Peralta's report . The TN/C/M/ 40 
 
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  pandemic and rising hunger around the world demand ed that Members  looked at a credible food 
security package in response. From what she had  heard from the Agriculture Chair's  report and 
delegations' exchanges, many Members sa w some possibilities in transparency in the WFP  
exemption, domestic support, public stockholding,  and transparency looking at this in a cross -cutting 
manner. Those had been the areas that  had been indicated, and she believed  that Members could  
try to find a way through with a package for agriculture that include d these elements.  
4.8.  She had  also heard the SSM and cotton which were also important issues. They were all 
included in the agricultural package. She believed that Members had to look and s ee how they could  
extract a package that could be supported by everyone. But it was clear that something  needed to 
be put  together. She implore d Members  that, given the food security related issues that had been  
heard from the pandemic, this was one area  that Members needed to think about. She had also  
heard many Members say  that they were willing to listen – to hear reasons why these things were 
necessary. They were willing to be open and to try to negotiate on these areas  which was 
encouraging. There was a long way to go on agriculture, but she believed that Members could g et 
there, and they all  should support Ambassador Peralta's push.  
4.9.  Third, was the critical area of the pandemic and what the WTO and trade c ould contribute to 
this. Everybody kn ew that th is was like a mantra, hobbyhorse for her, so she did not want to begin 
with th is. She believed that this was so important. As she had said to delegations , the way that 
Members were going about it and talking about it now – be it with respect to lowering export 
restrictions, increasing manufacturing capacity, trying to make vaccines accessible, getting to an 
agreement on the TRIPS waiver and on protecting research and innovation – all these things, and 
the effort Members had  made to put the vaccine conference together, ha d gained traction to show 
that the WTO was relevant today. Almost all the Leaders and Ministers  that she had  spoken to in the 
past four weeks, had called precisely wit h this at the center of their thoughts and asked how they 
could  support the WTO, to try and deliver on th e vaccine equity issue.  
4.10.   She wished to say a few words about the vaccine event because many delegations had  
commented on it as being useful. The feedba ck that had been  heard ha d been positive to th e 
discussion which had been  held under Chatham House rules. It had not only allowed the WTO  to 
engage manufacturers, and to try and see where there was capacity – because the idea had been  
that there was no mor e capacity in developing countries and emerging markets.  
4.11.   Two or three things had happened during th at meeting. The first key takeaway was that the 
WTO ha d a role to play in this area in trying to make sure that supply chains work ed, and in working 
with ma nufacturers to scale up volume, because the situation was  going from a world that c ould 
only manufacture five billion doses of vaccines to one that need ed 10 to 15 billion, and m ight need 
it on a recurring basis. The situation was going from a world that h ad 80 per cent of manufacturing 
concentrated in 10 countries, to one where manufacturing  needed to be distributed  amore. At the 
event it was heard that there were possibilities in several of countries  including B angladesh , 
Pakistan , more possibilities within India itself, South Africa, Indonesia, Brazil, Argentina, Senegal, 
Thailand, Singapore - many countries, where more  could be done . This had come out clearly and  
had given hope that things  could be done. Another point was that Members h ad been able to listen 
to each other – both the proponents of the TRIPS waiver, and those who were not for it, outside of 
the formality of the TRIPS Council . She believed that they had been able to listen to each other and 
to hear each other's point s of view.  
4.12.   Since the event the WTO had been trying to follow -up. The WHO, CEPI and GAVI had started 
a vaccine manufacturing task force .  Instead of the WTO starting its own, it had  joined them to have 
a matchmaking effort to put manufacturers together with those  in emerging markets, so that there 
was concrete follow up  in matchmak ing in certain areas to be able to produce more. She hoped that 
the discussion at the TRIPS Council w ould result in Members sitting down, around a concrete text, 
and talk ing to each othe r, because th is was the way Members wer e going to come out of this. She 
was hopeful that Members could  have a pragmatic outcome that allow ed developing countries 
access, whilst also protecting research and development.  
4.13.   She had h eard at the present meeting that based on the vaccine event , on the Ottawa Group 
recommendations on health and trade, on recommendations from Chinese Taipei, Brazil and others, 
Members could  try to build a framework around trade and health, that perhaps they co uld put 
together for Ministers to look at that would contain all of the elements that she had  spoke n about in 
three parts. Members had to work hard to do this, and she would  come back to some ideas about TN/C/M/ 40 
 
- 57 - 
 
  how they might go about it. She was convinced that w hat Members had  now c ould lead them to a 
framework that w ould help them not only with the present pandemic, but also prepare them for 
future pandemics.  
4.14.   Beyond fisheries subsidies, agriculture, and health, she had h eard almost every delegation 
talk about th e dispute settlement system. It was clear that this was an essential part of who Members 
were as  the WTO, and that the multilateral trading system was not seen as working well, unless 
there was a r esolution  this year . She had heard  Members asking for a sha red understanding of how 
the dispute settlement system  could be reformed , and then agree, perhaps post -MC12, if not before, 
on a credible path forward to be able to pursue that. She repeat ed what she had  heard many 
delegations  articulate , which was that it  would be damaging to the credibility and success of MC12, 
if Members  did not have a handle on this issue and how they were  going to move it forward. 
Therefore , this was an area that require d a lot of work, and Members would  have to push to have 
this shared understanding that she had  spoke n about.  
4.15.   She had  heard the concern about the non -mandated issues in the TNC. Under the H oDs, she 
had heard several of delegations  talk about the JSIs and the desire to have some outcomes in  areas 
like services domestic regulation. This was under the informal HODs and she was  repeating what 
she had  heard delegations say when she had  called them by name  to take the floor . They had spoken  
about some of the areas for possible outcomes in service s domestic regulation, moving forward on 
ecommerce, women's economic empowerment, MSMEs, and areas such as trade and climate. These 
were all areas that Members ha d got together to try to discuss with each other, and desire d to move 
forward in getting somet hing done.  
4.16.   There had also been mention of mandated areas that f ell under the purview of the General 
Council such as the E-Commerce Work Programme and the desire to revive that and the moratorium, 
TRIPs Non-Violation and Situation Complaints, small economie s, and others . There had also been 
mention of a number of proposals, specific to LDC issues on which consultations were on-going with 
the General Council Chair. She wished  to say to the LDCs that what they had  put on the table  had 
been heard and that hopef ully under the General Council, there would  be more movement in that 
direction, as Members move d towards MC12.  
4.17.   She had  also heard the kinds of contributions that some Members were ready to make. This 
was what she had  asked in order to get there. And  she wi shed to try to harvest this and  talk about 
a possible future path.  
4.18.   Delegations had spoken about what they needed to achieve in the multilateral basket for 
MC12. But post MC12, she had also  heard articulation of the desire for some work on the multilateral 
basket. Some of that could be continuing with work that Members did not finish at MC12 in 
agriculture, services and on S&DT . Therefore, on those areas where Members might  not be able to 
agree on, there was potential to develop post -MC12 work programmes.  
4.19.   Members were also likely to be able to continue work on some of the issues that were 
mentioned around structured discussions on trade and sustainability issues, including plastics 
pollution,  trade and environment, and others . These were some of the areas that probably were not 
ripe or mature for deliveries at MC12 – but Members would wait to see what c ould come out of them. 
But, post MC12, these  were some of the areas Members could also see s ome work.  
4.20.   There had also been some issues  that had been  mentioned which were not necessarily new 
but were subjects of renewed interest. They m ight be ripe for work further down the line, post -
MC12. Some of these include d issues surrounding industrial subsi dies, competitive neutrality issues, 
fossil fuel subsidy reform and aspects of agricultural domestic support. On domestic support, a lot 
had been  heard in conjunction with agriculture, that Members  could work on for MC -12. But beyond 
that, there were other  aspects Members  could look at when they were  looking at subsidies in general, 
linked to industrial subsidies and state-owned enterprises ( SOEs), but also aspects of agricultural 
domestic support.  
4.21.   She believed that she had heard different opinions about th e level of ambition that Members 
wished to follow in different areas. But she that it was clear that on fisheries  subsidies , Members 
wished  to make sure that the objectives for which these negotiations had been started in the first 
place, were achieved with a sufficient level of ambition. S he hoped that delegations would keep th is TN/C/M/ 40 
 
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  in mind as they move d forward on this area and that they tried to achieve as high levels of ambition 
as they could  on many of these is sues, so that at MC12, they could  have two or three clear areas 
where the world w ould say that not only did Members  come to agreement but, did so in a manner 
sufficient for people to see that the disciplines were binding and strong.  
4.22.   On the way forward , she said that everything that had been discussed at the present meetings 
would feed into the General Council discussion in the following  days. On her part, what she wished 
to do was to try to intensify her outreach with delegations in Geneva  - with heads of d elegations. 
Members had a ll spoken about the fact that  political will  was required now  and this mean t working 
intensively with the heads of delegations.   
4.23.   She wished to  have meetings in various configurations, large and small, to support the chairs 
of the v arious groups, for which deliverables  were being expected , in any way that they saw fit. 
Whatever the meetings, it would be made sure that there was adequate representation and 
transparency. Nothing w ould be done behind closed doors that people d id not kno w about. She would 
be working in close coordination with the General Council Chair, Negotiating Group Chairs and 
interested Members in some of the other initiatives that were ongoing and with the host  of MC12. 
She would also work with capitals, where that was needed, to move this work forward. Again, she 
thanked delegations for their support for the July meeting. Members  needed to work intensively.  
4.24.   Many of delegations had asked what the path to July was. The path to July was a large number 
of intensive, small meetings which she believed had shown could be productive in getting agreement 
on matters.  These would  be around fisheries, working with Ambassador Santiago Wills, around 
various aspects of agriculture with Ambassador  Gloria Abraham , and, on trade and health issues 
where Members might be able to put together a small group that w ould help move forward the 
proposals that had been  spoken about. Therefore , as she reach ed out to delegations  to join in these 
discussions, she hoped they would be  able to participate. Week in , week out, this was what was 
going to  be done – meeting intensively in all these groups, working in conjunction, with the General 
Council Chair and the other chairs. Tha t was  the path forward.  
4.25.   The hope was that this w ould lead to some agreement before the summer – by July. As 
Members moved along the way, she wished , maybe by the end of May, to see where they were  on 
some of these issues and see how to use the TNC again – or any of the formats that c ould allow 
Members  to take stock of where they were . Therefore , she fully intend ed to use the TNC if Members 
needed that for stocktaking, and the small groups to move forward.  
4.26.   In concluding, she thank ed delegations for listening and for being frank and sharin g. She 
thanked  them in advance for their willingness to participate intensively in the following  weeks. She 
believed that if they did  this, they would  get much closer to where they all  wanted to be. That was 
the potential for a good outcome for MC12.  
4.27.   She had mention ed that delegations should consider returning  at the end of August, so that 
they had a clear two weeks in September. She had  heard one or two ambassadors refer to this and 
accept it as a good idea. She had not heard more, but hope d that as Memb ers move d along, this 
was something that w ould meet their support.  
4.28.   She would  announce the date of the next TNC/HODs in due course, when she had  seen where 
Members were  and how they had  moved on some of the issues. But this could be an instrument that 
would  enable delegations  to take stock, along the way.  
4.29.   Before closing, she hoped to introduce some of her new staff to Members  and their 
responsibilities – the new Chief of Staff, Dr Bright  Okogu, new senior advisor, Ambassador Uyama 
and others who might  be arriving, so that delegations  got to know them. She used the opportunity 
to thank Ambassador Tim Yeend for his unselfish support to her during the  past w eeks and his help 
to the organizat ion throughout the years  and wished him the best of luck in his future endeavors.  
4.30.   The Chairman of the General Council  said that as Members had heard, a period of intensive 
activity was ahead, both on the negotiating front and in the regular work of the WTO.  At the 
appropriate time, this work need ed to be brought together, so that it c ould be presented to Ministers 
in a coherent manner. The frame that was emerging from this meeting and t hat Members would  
need to firm up in the weeks ahead was in his view taking Members  in the right direction.  TN/C/M/ 40 
 
- 59 - 
 
  4.31.   This was also, as many of delegations  knew, the purpose of his ongoing consultations.  He had 
been seeking Members' views on the priorities for MC12, in particular on issues under the General 
Council, which w ould feed into the frame just outlined by the Director -General , and that Members 
would need to firm and confirm as they move d forward; and how these c ould be reflected in a 
Ministerial Outcome  Document. Consultations ha d also touched upon a particularly important aspect 
of MC12, and one that c ould have a direct impact both on its results and on the process to get there 
– which was the format of the Conference.  
4.32.   In his consultations, all delegat ions that had come forward had mentioned that the format 
would depend entirely on the evolution of the pandemic and related travel restrictions. A number of 
delegations ha d indicated that an in -person Conference remain ed the preferred option – but that 
this could only realistically be done with small -sized delegations (e.g., Minister , plus one ). In evoking 
a possible hybrid or virtual format, several delegations ha d stressed the importance of concluding 
work in the so called "Geneva process", ahead of the C onference itself.  
4.33.   His consultations w ould continue the following week. He thank ed those that ha d come forward 
to share their views and thoughts and  invite d all other delegations to engage.  Once he had  conclude d 
his consultations,  he would convene an Inform al General Council meeting to report.  
4.34.   He also took the opportunity to briefly recall that the Ministerial Conference had to  fulfil its 
standing obligation to undertake an "Overview of WTO activities", on the basis of Annual Reports  
from the General Council and its subsidiary bodies.  This was in accordance with the relevant 1995 
Decision on reporting (WT/L/105).  
4.35.   These annual reports constitute d the main vehicle through which WTO regular bodies report ed 
to Ministers on progress of wor k in their respective areas. He thought he would raise it here as these 
reports w ould provide an essential snapshot of the breadth of work of the WTO in all areas, including 
with respect to previous Ministerial mandates and areas which d id not necessarily make the headlines  
or were not for decision and action at this Conference – but which were by no means less important.   
4.36.   The Trade Negotiations Committee took note  of the statements.  
 
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