RESTRICTED  
  
WT/COMTD/M/100  
 
 
9 March  2017 
(17-1385) Page: 1/21 
Committee on Trade and Development  
100th Session    
 
NOTE ON THE MEETING OF 24 AND 25 NOVEMBER  2016 
Chairman: H.E. Mr  Christopher Onyanga Aparr  (Uganda ) 
A. ADOPTION OF THE AGEN DA ................................ ................................ ....................  2 
B. OBSERVERS  ................................ ................................ ................................ .............  2 
(i) Request for atte ndance of ad hoc observers  ................................ ................................ .. 2 
(ii) Further consideration of requests for observer status by the League of Arab States, 
the Organization of Petroleum Exporting Countries (OPEC), the Gulf Organization for 
Industrial Consulting, t he Organization Internationale de la Francophonie , the Common 
Fund for Commodities, the Organization of Arab Petroleum Exporting Countries (OAPEC) 
and the Groupe de la Banque Africaine de Développement  ................................ .......................  2 
C. REPORT OF THE 50TH SESSION OF THE JOINT  ADVISORY GROUP ON TH E 
INTERNATIONAL TRADE CENTRE UNCTAD/WTO (I TC/AG/(L)/264)  ................................  3 
D. TECHNICAL COOPERATIO N AND TRAINING  ................................ .............................  4 
- Consideration by the Committee of the external evaluat ion of the WTO's trade -
related technical assistance – statement by the Chairman  ................................ ........................  4 
- Update on the external evaluation of the WTO's trade -related technical assistance – 
statement by Norway on behalf of the Steering Committee of  the evaluation  ..............................  4 
E. TRADE AND DEVELOPMEN T – WORK IN THE COMMITTE E ON THE BASIS OF 
THE CHAIRMAN'S CONCL UDING STATEMENT FROM  THE EIGHTH MINISTERI AL 
CONFERENCE (WT/MIN(1 1)/11)  ................................ ................................ .....................  4 
- Committee on Trade  and Development mandate: focal point for consideration and 
coordination of work on development in the WTO – proposal from Barbados, Belize, 
China, Cuba, Ecuador, India, and the African Group (WT/COMTD/W/208)  ................................ .. 5 
- Operationaliz ation of the CTD's mandate: a proposal to deliver outcomes based on 
the MC8 mandate – proposal from China, Cuba, Ecuador, India and the African Group 
(WT/COMTD/W/192)  ................................ ................................ ................................ ...........  7 
F. NOTIFICATIONS UNDER THE ENABLING CLAUSE  ................................ ....................  7 
- Gulf Cooperation Council (GCC) Notification of Customs Union – communication 
from China, Egypt and India (WT/COMTD/W/175)  ................................ ................................ ... 8 
- Notification of the Agreement on Trade in Goods between the Association of 
South east Asian Nations (ASEAN) and Korea  ................................ ................................ ..........  9 
-  Notification of the Comprehensive Economic Partnership Agreement between India 
and Korea (Goods)  ................................ ................................ ................................ ..............  9 
G. COMMUNICATION FROM U RUGUAY ON BEHALF OF THE LATIN AM ERICAN 
INTEGRATION ASSOCIAT ION (LAIA) (WT/COMTD /W/220)  ................................ ............  9 
H. ELECTRONIC COMMERCE  ................................ ................................ .......................  12 
-  Work Programme on Electronic Commerce: Aiming at the 11th Ministerial 
Conference – Communication from the Peop le's Republic of China and Pakistan 
(JOB/GC/110/Rev.1 – JOB/CTG/2/REV.1 – JOB/SERV/243/Rev.1 – JOB/DEV/39/Rev.1)  .............. 12 WT/COMTD/M/ 100 
 
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  I. NOTIFICATIONS UNDER THE TRANSPARENCY MEC HANISM FOR 
PREFERENTIAL TRADE A RRANGEMENTS  ................................ ................................ ........  16 
J. ANNUAL REVIEW OF THE  STEPS TAKEN TO PROVI DE DUTY -FREE AND 
QUOTA -FREE (DFQF) MARKET A CCESS TO LEAST DEVEL OPED COUNTRIES  ....................  16 
-  Report by the Secretariat (WT/COMTD/W/222)  ................................ ............................. 17 
-  Draft term s of reference for the clinical examination of implementation of the 
Decision on DFQF market access for LDCs (WT/COMTD/W/218/Rev.1) – revised 
submission by Benin, on behalf of the LDC Group  ................................ ................................ ..18 
K. DRAFT ANNUAL REPORT FOR 2016 ( WT/COMTD/W/221)  ................................ ..... 20 
L. OTHER BUSINESS  ................................ ................................ ................................ .. 21 
 
A. ADOPTION OF THE AGEN DA 
1. The Chairman  indicated that he wished to say a few words about the commemorative event 
that had been held earlier in the day  to mar k the 100th Session of the Committee on Trade and 
Development ( CTD). He believed that  a useful discussion had taken place at the event , which was 
organized  under the theme of “Current and Future Perspectives on Trade and Development” . He 
expressed his hope  that the discussion would help Members in their consideration of ways to  
strengthen the CTD and  make trade work even better as a tool for development. A brief written 
report of the event would be prepared under his responsibility and circulated in due cou rse.1 He 
invited the Committee to adopt the draft agenda for the 100th Session , which was contained in 
document WTO/AIR/ COMTD/ 8 circulated on 14 November 2016.  
2. The agenda was adopted . 
B. OBSERVERS  
(i) Request for attendance of ad hoc observers  
3. The Chairman  recalled that, at previous sessions of the CTD, Members had agreed to invite 
a number of intergovernmental organizations on an ad hoc, meeting -by-meeting basis. These were 
the Arab Maghreb Union, the Economic Community of Central African States, the Economic  
Community of West African States, the Economic Cooperation Organization, the Inter -Arab 
Investment Guarantee Corporation, the Islamic Development Bank, the African Union, the 
Organisation of th e Islamic Conference, the South  Centre, the Pacific Islands Fo rum, the United 
Nations Environment Programme, the West African Economic and Monetary Union, and the Wor ld 
Intellectual Property Organis ation. These organizations had been invited to the present meeting. 
He proposed that the same organizations be invited t o the next formal meeting of the CTD.  
4. It was so agreed . 
(ii) Further consideration of requests for observer status by the League of Arab States, the 
Organization of Petroleum Exporting Countries (OPEC), the Gulf Organization for Industrial 
Consulting, the Organization Internationale de la Francophonie , the Common Fund for 
Commodities, the Organization of Arab Petroleum Exporting Countries (OAPEC) and the 
Groupe de la Banque Africaine de Développement  
5. The Chairman  said that the positions of delegations were on the record. He indicated that , if 
there were no changes in positions to extend observer status to any of the applicants, the 
Committee would take note and revert to the requests at the next meeting.   
6. It was so agreed . 
                                                
1 The report was circulated in document WT/COMTD/92.  WT/COMTD/M/ 100 
 
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  C. REPORT OF THE 50TH SESSION OF THE J OINT ADVISORY GROUP ON THE 
INTERNATIONAL TRADE CENTRE UNCTAD/WTO (I TC/AG/(L)/264)  
7. The Chairman  said that the report of the 50th Session of the Joint Advisory Group (JAG) on 
the International Trade Centre UNCTAD/WTO (ITC) was contained in ITC document 
ITC/A G(L)/26 4. He welcomed Ambassador Negesh Kebret Botora of Ethiopia, the Chair man of the 
50th Session of the JAG , and Ms. Dorothy Tembo, the Deputy Executive Director of the ITC.  He 
invited Ambassador Botora to introduce the report . 
8. The Chair man of the JAG said that the Group had held its 50th Session on 4 July 2016 . At the 
meeting, the JAG was presented with the ITC's Annual Report for 2015, which highlighted the 
organization's highest ever delivery, as well as the strategic reforms undertaken and the result s 
achieved . Delegations expressed appreciation for the ITC’s renewed focus on innovation, 
effectiveness and pragmatic results on the ground, as well as for its investment in measuring and 
assessing impact. They also appreciated the organization's efforts i n supporting UN global goals 
and WTO Ministerial Decisions , as well the thematic focus on such areas as t he economic 
empowerment of women, the promotion of employment opportunities for young people, and 
market -led approaches to working with economic migran ts and refugees.  Delegations additionally 
recognized other areas of the ITC's work, including with respect to the promotion of South -South 
cooperation, value chain development, non -tariff measures, and connecting small and 
medium  - sized enterprises (SMEs)  to markets.  It was noted that almost 80% of the ITC's 
interventions were delivered to priority countries, including least developed countries (LDCs), 
landlocked developing countries (LLDCs), small island developing states, Sub-Saharan African, and 
post-conflict states . There were calls for the ITC to expand its delivery, and for increased and more 
consistent financing  for the organization . In terms of  areas for further improvement, delegations 
had mentioned, inter alia , the need to better express the linka ges between results achieved and 
related costs, t he need for m ore information on the allocation of resources by priority country, and 
the need to further disaggregate data based on gender, in order to better reflect the impact of the 
ITC’s work on women’s economic empowerment and gender equality.  
9. He went on to say that, in the second part of the JAG meeting , a partnership agreement was 
signed between the ITC and eBay Greater Europe, with a view to boosting the capabilities of SMEs 
in developing countries to  participate in global digital commerce. The Deputy Executive Director of 
the ITC had briefed delegations on the ITC’s evaluation function  – putting  emphasis on its 
independence  and its strategic nature  – and had provid ed an update on the implementation of  the 
management response to the recommendations of the independent evaluation carried out in 2014. 
Presentations had also been  made in a number of other areas, including with respect to the 2015 
Evaluation Synthesis Report , the results of the Joint Inspect ion Unit’s reports in relation to the ITC, 
and the results of a Professional Peer Review conducted during the first half of 2016 . The ITC 's 
Executive Director had reaffirm ed the organization's commitment to implement the 
recommendations of the various evaluations , and to continue its work in improv ing impact 
assessment and collecting results data. In closing, he said that, at the JAG meeting, several 
donors had announced or confirmed their voluntary contributions to the ITC. He also informed the 
Committee o f a number of ITC activities and events  held in the course of 2016 , including the 
annual  World Development Forum  – organized  in collaboration with the Government of Sri Lanka – 
and the Trade Promotion Organization Network World Conference, which was organi zed in 
collaboration with Maroc -Export.  
10. The representative of Benin , on behalf of the LDC Group , expressed appreciation for the 
ITC’s efforts to support LDCs , and emphasized the  importance of enhancing connectivity for  SMEs . 
He called for the development of further synergies between the WTO, the ITC  and the United 
Nations Conference on Trade and Development ( UNCTAD ), and stressed the need for continued 
effort s to build and strengthen the production and export capacity of the private sector in  LDCs.  
11. The rep resentative of Uganda  indicated his delegation's  appreciation to the ITC for its 
various  initiatives in Uganda. He cited in particular the support provided under the Netherlands 
Trust Fund  – Phase III (NTF III) , and in this regard outlined the benefits of projects aimed at 
increasing export competitiveness in the coffee sector, as well as in the information  technology 
(IT) and IT -enabled services sector. He also highlighted the benefits of the Supporting Indian 
Trade and Investment for Africa (SITA) project . Finally , he requested  the ITC to consider designing 
projects to build awareness in LDCs on the operationalization of the LDC services waiver.  WT/COMTD/M/ 100 
 
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  12. The Deputy Executive Director of the ITC  reaffirmed the ITC’s commitment to build capacity  
in developing countri es, and in particular LDCs.  She indicated that she had taken note of the 
request from Uganda.  
13. The Committee took note  of the report of the 50th Session of the JAG and forwarded  it to the 
General Council for adoption.    
D. TECHNICAL COOPERATIO N AND TRAINING   
- Consideration by the Committee of the external evaluation of the WTO's trade-related 
technical assistance – statement by the Chairman  
14. The Chairman  recalled  that an external evaluation of the WTO's trade -related technical 
assistance had been  carried out in  2016. Regular updates on the status of the evaluation were 
provided to the CTD in the course of the year by Norway, on behalf of the Steering Committee of 
the evaluation. He informed the Committee  that the final evaluation report  – prepared by Saana 
Consu lting – along with the  WTO m anagement response , would be circulated to Members shortly . 
As per the terms of reference for the evaluation, the final evaluation report  and the WTO 
management response were to be presented a nd discussed in the CTD. In this  regard, he informed 
Members of his intention to convene the  101st Session towards the end of January 2017 , with a 
view to discussing  the evaluation report – which would be presented by Saana Consulting – as well 
as the WTO management response. After the discu ssion on these documents , the 101st Session  
would be suspended . It would be  reconvened later in 2017 to consider the other regular items on 
the agenda. He explained that this procedure was being followed in order to accommodate the 
need to ensure that Saan a Consulting was able to present the evaluation report before its  term of 
contract expired . 
15. The Committee took note  of the statement  by the Chairman . 
- Update on the external evaluation of the WTO's trade-related technical assistance – 
statement by Norway on behalf of the Steering Committee of the evaluation  
16. The representative of  Norway , on behalf of the Steering Committee of the evaluation,  said 
that the Steering Committee had review ed th e final evaluation report , and had subsequently 
approved  it. He welco med the Chairman's announcement that the 101st Session would be 
convened towards the end of January 2017 to allow a consideration of the final report, as well as 
the WTO management response. In this regard, he informed Members that the Steering 
Committee h ad invited the Director -General to present the management response. He indicated 
that the evaluation covered all WTO trade -related technical a ssistance during the 2010 -2015 
period , which had required an examin ation of over 2 ,000 activities involving about 80,000 
participants. He emphasized the importance of the January 2017 CTD meeting, and encouraged all 
Members to attend and participate in the discussion . 
17. The Committee took note  of the statement by Norway.       
E. TRADE AND DEVELOPMEN T – WORK IN THE COMMITTE E ON THE BASIS OF TH E 
CHAIRMAN'S CONCLUDIN G STATEMENT FROM THE  EIGHTH MINISTERIAL CONFE RENCE 
(WT/MIN(11)/11)  
18. The Chairman  recalled that, at the Eighth Ministerial Conference (MC8), Ministers had, 
inter alia, reaffirmed the positive link between trade and d evelopment and called for focused work 
in the CTD. Ministers had called on Members to fully operationalize the mandate of the CTD as a 
focal point for development work.  He recalled that, at the 97th Session, the Committee had agreed 
to the proposal from Ec uador contained in document WT/COMTD/W/204/Rev.1, which had been 
submitted in the context of the CTD's mandate from MC8. The proposal was for the Secretariat to 
periodically update its paper on the implementation of special and differential treatment (S&D)  
provisions in the WTO Agreements and Decisions. He inform ed the Committee that the  updated 
Secretariat document had been circulated in September 2016 in document WT/COMTD/W/219 , 
and indicated that  he wished to remind Members of some elements of the propos al from Ecuador 
that had been agreed to. He noted firstly that the purpose of the Secretariat report was to serve 
as a reference document for Members, for use as they deemed necessary. In addition, if a Member WT/COMTD/M/ 100 
 
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  wished to propose that any particular element in the report be used as the basis for the inclusion 
of an agenda item at a CTD meeting, that Member would need to explain in its request the scope 
and purpose of the proposed discussion.  
19. Turning to the two proposals for work under the MC8 mandate  that wer e to be considered at 
the present meeting , he observed that the submissions contain ing these proposals had been 
appearing on the CT D’s agenda for quite some time . Previous CTD Chairpersons had held informal 
consultations to try to make progress on the prop osals. He noted in this regard that he had also 
met informally with the proponents of the two proposals on 1 November  2016, and had convened 
an informal, op en-ended CTD meeting on  15 November . At these informal meetings, he had 
shared his  view that engagem ent among Members would be necessary in order for progress to be 
made on the proposals. He hoped that some progress could be reported at the p resent meeting . 
- Committee on Trade and Development mandate: focal point for consideration and 
coordination of wo rk on development in the WTO – proposal from Barbados, Belize, 
China, Cuba, Ecuador, India, and the African Group (WT/COMTD/W/208)  
20. The Chairman  said that the proposal contained in document WT/COMTD/W/208 had the aim 
for the CTD to report on development -related work taking place in the WTO.  He recalled that there 
were originally two proposals which broadly had this aim , and that the proponents of the two 
proposals had decided to work together . Document WT/COMTD/W/208 was the outcome of this 
collaboration . 
21. The representative of India recalled  the mandate from MC8  and indicated that it was 
appropriate for the CTD to report regularly on the development -related work taking place in other 
WTO bodies , and to provide recommendations to the General Council on how to achieve better 
coordination within the WTO on development issues. He informed the Committee that the 
proponents had recently met informally with a number of other Members to exchange views on the 
remaining proposals contained in documents WT/COMTD/W/208 an d WT/COMTD/W/192. 
Delegations had agreed to continue discussions, with a view to making progress on the proposals. 
He requested that the present sub -item remain on the CTD's agenda.  
22. The representative of Morocco, on behalf of the African Group , said that h er intervention 
related to both the sub -items under the present agenda item.  She emphasized that the proponents 
did not have the objective of usurp ing the mandate of the General Council , as some  delegations  
may have felt. Rather, the aim was to fulfil the instructions of Ministers at MC8 to fully 
operationalize the mandate of the CTD. Recalling that the CTD had been established to serve as a 
focal point for the consideration and coordination of development -related work in the WTO, she 
noted  that the current  reporting structure between WTO bodies fell short of appropriately fulfilling 
the CTD's overarching mandate. She explained in this regard that relevant decisions taken by 
other WTO bodies were not being regularly reported to the CTD, nor had the CTD be en consulted 
on a range of development -related issues that had been taken up by these bodies.  
23. In order to operationalize the CTD's mandate, she suggested that other WTO bodies could 
submit a brief report on the development -related aspects of their work . She went on to provide 
some examples of the type of information that could be provided to the CTD, including with 
respect to S&D, the development impact of the elimination of trade -related investment measures, 
the development impact of the operationalization  of the LDC services waiver, information relating 
to the implementation of Articles 66.1 and 66.2 of the TRIPS Agreement, and information relating 
to the work of negotiating bodies such as the Negotiating Group on Market Access and the Special 
Session of the  Committee on Agriculture. The Secretariat could then put the various reports 
together into a single document, which would be discuss ed in the Committee. The CTD would also 
be able to provide guidance and appropriate recommendations to the General Council and other 
WTO bodies on any development -related work . This would better link development to trade in a 
manner that would contribute to the economic development of the WTO’s developing, least 
developed, and small and vulnerable constituencies. The compilati on document would additionally  
help to address the capacity constraints of  many delegations that were not able to participate in all 
the meetings of WTO bodies. In closing, she emphasized once again the importance of improv ing 
intra-reporting procedures an d operationaliz ing the CTD’s mandate  by periodically review ing the 
development -related work taking place in  other WTO bodies . She also indicated that the 
proponents would be continuing their consultations with other Members.  WT/COMTD/M/ 100 
 
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  24. The representative of Ecuador  expressed support for the remaining proposals contained in  
documents WT/COMTD/W/192 and WT/COMTD/W/208 , and indicated her delegation's willingness 
to continue working with Members to make progress  on the proposals . She also welcomed the 
circulation in docum ent WT/COMTD/W/219 of the updated Secretariat document on the 
implementation of S&D provisions in the WTO Agreements and Decisions . 
25. The representative of Egypt  informed the Committee that a number of  informal meetings  
had been held  on the remaining proposa ls contained in documents WT/ COMTD/W /208 and 
WT/COMTD/W/192, including  a meeting that the proponents had organized  with a number of other 
Members . He recogniz ed that a fresh view was required in order to make progress  on the 
proposals, and indicated that h is delegation looked forward to further discussions with Members on 
how to improve coordination on development -related work in the WTO . 
26. The representative of Benin, o n behalf of the LDC Group , expressed the Group's support for 
the remaining proposals conta ined in documents WT/COMTD/W/208 and WT/COMTD/W/192. He 
indicated that the Group was committed to ensuring the centrality of development in the WTO's 
work, as laid out in paragraph 7 of the Nairobi Ministerial Declaration. In the view of the LDC 
Group, the  CTD was the most competent body in the WTO to serve as a focal point for 
development -related work. He invited the proponents and the Members that had raised concerns 
to engage in constructive discussions, and also suggested that the Chairman could hold in formal 
consultations to try to make progress on the matter. Among his other points, he noted that the 
Monitoring Mechanism on S&D could only be operationalized after steps had been taken to 
strengthen S&D provisions. Finally, he requested that the two sub -items under the present agenda 
item remain on the CTD's agenda until the matter was resolved.  
27. The representative of Australia  informed the  Committee that, after the informal discussions 
that had taken place with the proponents, his delegation had a better idea of what the proponents 
were seeking  in the proposal contained in document WT/COMTD/W/208 . He believed that there 
was a possibility to find a way forward , especially  if the objective was to make the discussions in 
the CTD more relevant and useful .         
28. The representative of Canada  indicated that the informal discussions  with the proponents 
had been productive . She also noted that her delegation  continued to have concerns with the 
proposal contained in document WT/COMTD/W/208 , as other WTO bodies  were not required to 
report to the CTD, and the CTD did not have a mandate to issue recommendations to the Genera l 
Council on the work of other bodies . 
29. The representative of the European Union  expressed appreciatio n for the discussions that 
had taken place wit h the proponents .  She  reaffirmed her delegation’s  view that the proposals on 
the table did not correspond to the mandate from MC8 . The EU believed that the CTD needed to 
carry out focused work  by further exploring the positive link between trade and devel opment on 
the basis of constructive exchanges on clearly identified topi cs.  
30. The representative of Japan  indicated his delegation's appreciat ion for  the constructive 
approach taken by the proponents in the  informal discussions . He expressed willingness to engage 
in further discussions on the remaining proposals . 
31. The representative  of Cuba believed that progress on the remaining proposals was possible, 
and that further informal consultations were necessary for this purpose. She emphasized the 
importance of f inding a way forward so as to respond to the needs of developing Members . 
32. The representative  of the United States  expressed appreciation to the proponents for the 
informal discussions that they had organized . She noted that the proposal  under consideration  had 
been on the CTD's agenda for several years , and the US still had the same concerns.  She looked 
forward to receiv ing more details from the proponents on  their suggestions  for moving forward, 
and also to considering a revised proposal.  
33. The Chairman  welcomed the informal discussions that had taken place between Members. 
He encourage d further engagement in order to find a way forward . 
34. The Committee took note  of all interventions.  WT/COMTD/M/ 100 
 
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  - Operationalization of the CTD's mandate: a proposal to deliver outcomes ba sed on the 
MC8 mandate – proposal from China, Cuba, Ecuador, India and the African Group 
(WT/COMTD/W/192)  
35. The Chairman  said that, while there were three proposals in document WT/COMTD/W/192, 
the first two proposals had already been addressed by the Committ ee. The first proposal, which 
was for the Secretariat to prepare an update to its paper on the implementation of S&D provisions 
in the WTO Agreements and Decisions, had been agreed to by the Committee at its 87th Session. 
The updated Secretariat paper was circulated in June 2013 and had appeared on the CTD's agenda 
for a number of meetings. As for the second proposal, which was for the CTD to report on 
development work in the WTO, this idea was now being dealt with in the proposal contained in 
document WT/C OMTD/W/208 which had been addressed under the previous sub -item. The 
remaining proposal in document WT/COMTD/W/192 was for the CTD to make a recommendation 
for parties to RTAs to submit their notification and information requirements jointly.  
36. The represent ative of India said that the parties to RTAs had several requirements to fulfil 
under the Transparency Mechanism for RTAs . In order to help ensure a timely consideration of 
RTAs and the smooth operation of the Transparency Mechanism, it was important for the parties to 
submit their n otification and information requirements jointly. As outlined in his intervention under 
the previous sub -item, he noted that the proponents were holding  informal consultations with 
other Members with a view to making progress on  the remaining proposals. He requested that the 
submission remain on the CTD's agenda . 
37. The representative of the United States  said that her delegation could not accept the 
proposal in its current form. Nevertheless , she welcomed the indication  from the pr oponents  that 
consultations would continue with a view to making progress . 
38. The Chairman  once again encouraged further engagement among Members.    
39. The Committee took note  of all interventions.  
F. NOTIFICATIONS UNDER THE ENABLING CLAUSE  
40. The Chairman  said that h e wished to provide Members with a brief update on the regional 
trade agreements (RTAs) notified under the Enabling Clause that were to be considered in the 
CTD's Dedicated Sessions on RTAs. He firstly informed the Committee that the factual presentation 
on the agreement between the Association of Southeast Asian Nations (ASEAN) and India would 
be circulated shortly. With regard to the South Asian Free Trade Agreement  (SAFTA) , he said that 
Afghanistan’s accession to SAFTA was notified on 29 July 2016 in doc ument WT/COMTD/N/50. The 
parties had been requested to provide the data for the preparation of the factual presentation by 
22 December 2016 . Turning to the Agreement between the Dominican Republic and Panama, he 
said that the Secretariat would be in contac t with the parties concerning some clarifications on the 
data provided.  As for the Arab Mediterranean Free Trade Agreement – or Agadir Agreement – 
between Egypt, Jorda n, Morocco and Tunisia, data had  been received from Egypt, Jordan and 
Morocco . The Secret ariat wa s still waiting to receive data from Tunisia, which was requested by 
15 July 2016.  With regard to  the Agreement between the Gulf Cooperation  Council (GCC) and 
Singapore, data had  been received fr om Singapore. The Secretariat was  still waiting to re ceive 
data from the GCC parties, which was requested by 23 November 2015.  In the case of the 
accession of Rwanda and Burundi to the East Afric an Community, the Secretariat was  waiting to 
receive comments on the draft factual presentation, which was sent to  the parties in 2014.   
41. For a number of other RTAs - namely, RTAs between India and Nepal, India and 
Afghanistan, India and Bhutan, and Cuba and El Salvador - the full set of data needed to complete 
the factual presentations had not been submitted by the pa rties. He urged the parties to these 
agreements to provide the data as soon as possible. He went on to say that there remained one 
RTA notified under the Enabling Clause that had not been ratified by all the parties. This was the 
Pacific Island Countries T rade Agreement (PICTA). Following the procedures of the Committee on 
Regional Trade Agreements (CRTA) , a factual presentation of an RTA falling in this category would 
only be drafted after the agreement had been ratified by all the parties. The parties to PICTA were 
urged to inform the Secretariat as soon as all ratifications were complete.   WT/COMTD/M/ 100 
 
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  42. The Committee took note  of the Chairman's update . 
- Gulf Cooperation Council (GCC) Notification of Customs Union – communication from 
China, Egypt and India (WT/COMTD/W /175)  
43. The Chairman  said that the first sub -item under the present agenda item concerned the GCC 
Customs Union notification. The sub -item also referred to the communication from China, Egypt 
and India which was circulated in document WT/COMTD/W/175.  
44. The rep resentative of India indicated that his intervention related to the three sub -items 
under the present agenda item, since the three RTAs referenced in these sub -items had been 
"dually notified" under both the Enabling Clause and GATT Article XXIV. He noted that the systemic 
concerns that were raised by China, Egypt and India over the legal and procedural implications of 
the dual notification of the GCC Customs Union under both the Enabling Clause and GATT 
Article  XXIV were pertinent even now, but they remain ed unaddressed. Some Members had 
expressed the view that the systemic concerns raised in document WT/COMTD/W/175 were 
outside the scope of the CTD, and needed to be discussed in the Negotiating Group on Rules 
(NGR). The view of his delegation was that the CTD was the appropriate forum to consider the 
questions arising from RTAs with a dual notification.  Pointing to the terms of reference of the CTD 
contained in document WT/L/46, he noted that the CTD was designated to serve as a focal point 
for consideratio n and coordination of work on development in the WTO and its relationship to 
development -related activities in other multilateral agencies. He added that the Committee could 
consult with other WTO bodies in addressing the systemic concerns raised in docume nt 
WT/COMTD/W/175. This was in keeping with paragraph 3 of the CTD's terms of reference which 
entrusted the Committee to review periodically, in consultation as appropriate with the relevant 
bodies of the WTO, the application of special provisions in the M ultilateral Trade Agreements and 
related Ministerial Decisions in favour of developing country Members, and in particular LDC 
Members, and report to the General Council for appropriate action. In concluding, he indicated that 
the three sub -items under the present agenda item needed to remain on the CTD's agenda until 
the systemic and specific concerns arising from "dually  notified" RTAs were addressed.  
45. The representative of Egypt  said that systemic concerns had been raised by some Members, 
including Egypt, over the legal and procedural implications of the dual notification of the GCC 
Customs Union under both the Enabling Clause and GATT Article XXIV. He noted that a number of 
delegations had previously expressed the view that the Enabling Clause did not prov ide the 
appropriate legal basis to justify the formation of a customs union involving the reduction or 
elimination of NTMs. However, others had argued that the non -prescription of criteria or conditions 
for the elimination of NTMs did not exclude customs u nions among developing countries from the 
coverage of the Enabling Clause. The view of his delegation was that the CTD was the appropriate 
forum to consider the questions arising from RTAs with a dual notification. This originated from the 
CTD's terms of r eference, which stipulated that the CTD was the focal point for the consideration 
and coordination of work on development in the WTO. In addition, paragraph 4 of the terms of 
reference mandated the CTD to consider any questions with regard to either the ap plication or the 
use of special provisions in the Multilateral Trade Agreements and related Ministerial Decisions in 
favour of developing country Members, which included questions relating to the invocation of the 
Enabling Clause to notify customs unions a mong developing countries. He hoped that Members 
could have a substantive discussion on the systemic concerns that had been raised. The present 
sub-item needed to be maintained on the CTD's agenda until a solution was found.2 
46. The representative of the United States , said that the GCC Customs Union had been notified 
under GATT Article XXIV , and was in the pipeline to be reviewed  in the CRTA. The GCC Customs 
Union issue was therefore not an issue of dual notification . In this light, he suggested that the 
proponents of document WT/COMTD/W/175 needed to reconsider the  content of their 
communication  by looking at the factual correctness of the GCC Customs Union issue, and 
subsequently submit another communication if the y still had concerns. His delegation was wil ling 
to work with Members to find a way to resolve the matter.  With regard to the ASEAN -Korea and 
India-Korea agreements, which were listed as the second and third sub -items under the present 
agenda item, he did not understand why the proponents insisted o n maintaining them on the 
                                                
2 The points in this paragraph, made by Egypt at the 90th Session and also reflected in the minutes o f 
the 92nd, 93rd, 95th and 97th Sessions, are reflected once again in the minutes of this meeting at the request of 
the Egyptian delegation.  WT/COMTD/M/ 100 
 
- 9 - 
 
  agenda, particularly since no solution had been proposed. The sub -items had fulfilled their purpose 
of informing Members of the notifications made, and needed to be removed from the agenda . 
47. The representative of Korea  expressed regret that the notifications of the ASEAN -Korea and 
India-Korea agreements had been on the CTD's agenda for so long . His delegation was open to 
discussions to make progress on the dual notification issue and other  related issues  – including  
with regard to t he transformation of the current provisional Transparency Mechanism for RTAs into 
a permanent mechanism , which he believed would make the consideration of RTAs more efficient 
and practical.  
48. The representative of the European Union  indicated  that her delega tion’s position on these 
issues had not change d. She reaffirmed the importance that the EU accorded to clarifying  the legal 
and procedural questions arising from an agreement being notified by each party under a different 
legal provision . Substantive discu ssions on these issues needed to take place in the context of the 
implementation of p aragraph 28 of the Nairobi Declaration.  
49. The representative of Nepal  referred to the Chairman 's update  on RTAs to be considered in 
Dedicated Sessions of the CTD. With respe ct to the agreement between India and Nepal, she 
informed the Committee that the parties were consulting with their respective capitals, and would 
revert as soon as possible . 
50. The Committee took note  of all interventions.    
- Notification of the Agreement o n Trade in Goods between the Association of Southeast 
Asian Nations (ASEAN) and Korea   
51. No Member took the floor under this sub -item. 
-  Notification of the Comprehensive Economic Partnership Agreement between India 
and Korea (Goods)  
52. No Member took the floo r under this sub -item. 
G. COMMUNICATION FROM U RUGUAY ON BEHALF OF THE LATIN AMERICAN 
INTEGRATION ASSOCIAT ION (LAIA) (WT/COMTD /W/220) 
53. The Chairman  recalled that  a communication from Uruguay, on behalf of the LAIA, had been 
considered at the 99th Session. This communication had been circulated in document 
WT/COMTD/W/217. A further communication , addressed to the CTD Chairman,  had now been 
circulated in document WT/COMTD/W/220. It was  this second document that was  to be considered 
at the present meeting . He infor med the Committee that he had  convened a small group informal 
consultation with the LAIA member countries  and some other Members  on 1 November  2016, in 
order to provide an  opportunity  for a preliminary discussion on the  new communication. His feeling 
from that meeting was that more discussions among Members would be required in order to find a 
way forward on the issues relating to the LAIA agreements. He had therefore encouraged 
delegations to continue to discuss these issues with a view to finding a soluti on. 
54. The representative of Uruguay , on behalf of the LAIA , read out the content of the 
communication contained in document WT/COMTD/W/220. She, inter alia , reaffirm ed the content 
of the previous communication  from LAIA circulated in document WT/COMTD/W/217 , and 
emphasize d that each o f the LAIA member countries acted  in an individual capacity with regard to 
the agreements they conclude d under the 1980 T reaty of Montevideo (TM80). This was clear from 
the Individual Notification of Agreement Data Sheets annexed  to the  document  "Report to the WTO 
on Instruments Concluded Under  the 1980 Treaty of Montevideo" . She confirm ed that it wa s the 
LAIA m ember countries – and not the General Secretariat , or the L AIA itself – which draft ed, 
approve d and submit ted to the WTO the Individual Notification of Agreement Data Sheets . These 
Data Sheets conform ed to the notification format for RTAs contained in document WT/REG/16 of 
23 November 2006. The LAIA member countries were ready to supplement the information 
contained in the v arious Individual Data Sheets in a Dedicated Session of the CTD, in accordance 
with paragraphs 16 and 18 of the Transparency Mechanism for RTAs . This did not preclude  
voluntary exchanges on systemic issues within the CTD framework.   WT/COMTD/M/ 100 
 
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  55. Referring to the l ist of RTAs that had appeared in factual presentations and ha d not yet been 
notified to the WTO, s he indicated that the LAIA member countries wished to know the criteria for 
determining  whether an RTA had not been notified . They also wished to know  why, despite  the 
provisions of paragraph 18 of the RTA Transparency Mechanism, this list was circulated for 
consideration in the CRTA instead of the CTD.  In addition, they repeated their call for the WTO 
Secretariat to remove from this list all agreements between LAIA  member countries that were duly 
notified under paragraph 4(a) of the Enabling Clause. Furthermore, the LAIA member countries 
once again request ed that the WTO Secretariat circulate the  document s with the title  "Report to 
the WTO on Instruments Concluded U nder the 1980 Treaty of Montevideo" with the document 
symbol “WT/COMTD/N/ --", in keeping with notifications made within the CTD framework.  In 
closing, she requested a written response to the communication  under consideration .  
56. The representatives of Argent ina, Brazil , Ecuador , Panama , Paraguay  and the Bolivarian 
Republic of Venezuela  expressed support for the intervention by Uruguay. A request was also 
made for a written response to the communication under consideration . 
57. The representative of the United Sta tes indicated his delegation’s appreciation for the 
informal consultation that had been convened by the Chairman . He noted that a similar 
conversation was taking place  in the CRTA . While the US preferred that work on RTAs be 
consolidated in one Committee , it nevertheless remained open to discussions in the CTD on the 
non-notified LAIA agreements. He called on delegations to coordinate their work, so as to avoid a 
repetition and duplication of the discussions in the CRTA , which w ere more advanced than the 
discussion s in the CTD . Turning to the content of the communication under consideration, he firstly 
welcomed the assertion  by the LAIA member  countries that they acted independently with respect 
to how notific ation obligations were met. He stressed  the impor tance o f individual WTO Members  
taking  the necessary steps to fulfil their obligations , and not seeking to collectively avoid these 
respons ibilities  through any process of joint notifications . Second, he reaffi rmed his delegation’s  
position that , while the  annual reports from the LAIA Secretariat contained some useful 
information, they did not constitute a notification to the WTO  under GATT Art icle XXIV, GATS 
Article V or the Enabling Clause. The US could not support the LAIA member countries' assertion  
that the information contained in the LAIA reports satisfied the notification requirements under 
Section D of the RTA Transparency Mechanism.  With regard to  the question raised in the LAIA 
communication regarding the criteria for determining non -notified RTAs , he believed that the  
criteria  were clear. He explained in this regard that, for those agreements appearing in the most 
recent list  of non -notified RTAs , contained in document WT/REG/W/111, there had been no 
notifications received from individual parties  to RTAs  – either  under Section B or Section D  of the 
RTA Transparency Mechanism. As the annual reports from LAIA were not notifications by the 
individual parties to the agreements, his delegation could not agree with the request for the WTO 
Secretariat to circulate the LAIA reports with the symbol "WT/COMTD/N/ --". 
58. He added  that h is delegation could not support  the request to remove the LAIA agreements 
from the list of non -notified RTAs, and recalled that there had been no consensus to do so when 
the issue was discussed in the CRTA on 7 November 2016. He also questioned why the 
communication under consideration had been  addressed to the CTD  – and not to the CRTA, which 
was the Committee in which the list was circulated . He believed that it was inappropriate to make 
such a request in a communication to the CTD, as the CTD could not take decisions regarding what 
another Committee  – or the Secretariat staff assigned to another Committee  – might do. However, 
there were several options for the LAIA member countrie s to reduc e the number of non -notified 
RTAs on the list. On the basis of discussions that had taken place, he indicated that many 
Members would welcome a case -by-case examination of sp ecific LAIA agreements on the list, 
based on the substance of these agre ements. Responses to  the EU's written questions  circulated in 
the CRTA  would facilitate a productive discussion  in this regard , and would help Members to reach 
consensus on  how the agreements related to obligations under Section B or Section D of the RTA 
Transparency Mechanism. If LAIA member countries wanted their agreements to be removed from 
the list of non -notified RTAs, he believed that this would be the most productive way forward . 
59. The representative of the European Union  reaffirmed the importance it attached to receiving 
responses to its questions , which had been circulated in the CRTA in document WT/REG/W/109. 
She believed that this was an essential step to  allow Members to have a constructive discussion on 
the matter . Her delegation did not agree th at the discussion could only be confined to the CTD, or 
that the LAIA agreements could be removed from the l ist of non-notified RTAs. She explained that WT/COMTD/M/ 100 
 
- 11 - 
 
  any action in this regard would be premature, as the LAIA member countries had not yet provide d 
clarifications on some crucial issues . 
60. The representative of Brazil  indicated that it was incorrect to suggest that the LAIA 
agreements had not been notified . She noted that  LAIA member countries had submitted many 
pages of reports on agreements concluded under t he TM80. Detailed information had been made 
available to WTO Members  over several years . 
61. The representative of Australia  did not believe that the LAIA countries had complied with 
their RTA notification obligations. He underlined the importance of transpare ncy in RTAs, and 
noted that Members had not had the opportunity to consider the LAIA agreements on the basis of 
factual presentations prepared by the Secretariat . He also expressed concern that the  LAIA 
communication was only addressed to the CTD Chairman,  even though it dealt with a d ocument 
considered in the CRTA . He suggested that the CTD Chairman should consult with the CRTA 
Chairman in the preparation of a response. In closing, he indicated that his delegation looked 
forward to engaging in discussions aimed  at bridging  the differences on this issue, and called on  
the LAIA countries to respond to the EU’s written questions . 
62. The representative of the United States , in response to the intervention by Brazil, said that it 
was factually correct that the LAIA  agreements had not been notified . He explained in this regard 
that the annual LAIA reports were not recognized as notifications by the membership . 
63. The representative of Canada  indicated  that her delegation could not agree with the request 
from the LAIA me mber countries for the ir agreements to be removed from the list of non -notified 
RTAs. She urged the LAIA countries  to respond to the written questions circulated  by the EU.  
64. The representative of Panama  expressed concern with the suggestion that the LAIA me mber 
countries were not fulfilling their transparency obligations  by hiding behind a joint notification . He 
explained that the LAIA member  countries were trying to coordinate among st themselves, 
including by preparing responses  to the questions that had be en submitted. He emphasized the 
importance of coordination on this matter, and called for continued consultations to find an 
acceptable way forward . 
65. The representative of  Brazil  said that her delegation maintained its position on this matter. 
She also welc omed Panama's suggestion that consultations  should continue . 
66. The representative of India said that the communication under consideration clarified that 
the LAIA reports contained Individual Notification of Agreement Data Sheets, which were drafted 
and appr oved by the LAIA member countries, and w hich were in conformity with the notification 
format under the RTA Transparency Mechanism . He supported the emphasis placed by Panama on 
the need for coordination  among the LAIA member countries . He also believed tha t the CTD was 
the appropriate forum to discuss this matter . 
67. The representative of the United States , in response to the intervention by Panama,  recalled 
that his delegation had welcome d the steps taken by the LAIA member  countries to clarify that 
they act ed in an individual capacity with regard to how notification obligations were met. He 
emphasized the importance of each individual Member taking the steps to  determine whether its 
agreements qualifie d under GATT Article XXIV, GAT S Article V or the Enabling Clause , as no 
Member should  decide for another Member which  legal cover  to use with respect to a  violation  of 
the most -favoured -nation (MFN) principle . In this regard, he believed that the LAIA member 
countries needed to give further thought on what was a joint notification relative to a notification 
by individual Members.  
68. The representative of  Japan  said that his  delegation looked forward to receiving responses to 
the written questions circulated by the EU. Given that the questions had been circulated in the 
CRTA, he believed that it was appropriate for the issues relating to the LAIA agreements to also be 
discussed in the CRTA.  
69. The representative of  Brazil  sought clarification from the US representative regarding his 
characterization of RTAs as an MFN violation.   WT/COMTD/M/ 100 
 
- 12 - 
 
  70. The representative of the United States explained that what he had meant was that  
Member s could derogate from their MFN obligations and enter into RTAs, provided that certain 
steps were taken.  He emphasized the need for the parties to RTAs to properly notify their 
agreements , as this was important to all Members . 
71. The Chairman  said that he had noted the request from the LAIA member countries for a 
written response to their communication.  He encouraged Members to continue to discuss the 
issues relati ng to the LAIA agreements with a view to finding a way forward.  
72. The Committee took note  of the communication, and of all interventions.  
H. ELECTRONIC COMMERCE  
-  Work Programme on Electronic Commerce: Aiming at the 11th Ministerial Conference – 
Communication  from the People's Rep ublic of China and Pakistan  (JOB/GC/110/ Rev.1  
– JOB/CTG/2/REV.1 – JOB/SERV/243/Rev.1 – JOB/DEV/39/Rev.1 ) 
73. The Chairman  said that  a communication from China and Pakistan relating to the Work 
Programme on E -Commerce had been circulated i n the CTD, as well as in a number of other WTO 
bodies. The CTD document symbol was JOB/DEV/39/Rev.1.  He invited the proponents to introduce 
the communication.  
74. The representative of China  said that Members had recently demonstrated a strong interest 
to disc uss e-commerce. For her delegation , the priority task was to continue discussions under the 
Doha Development Agenda  (DDA) , according to the existing mandate. In the meantim e, against 
the background of  weak economic recovery and sluggish global trade growth , discussions in the 
WTO on e-commerce were also important . She indicated that such discussions should have the 
aim to help developing M embers to use e -commerce, and to provid e more opportunities for their 
SMEs to participate in  international  trade and glo bal value chains (GVCs).  
75. Turning to the communication itself, she said that it  had been submitted to support 
discussion s on e-commerce in the WTO, with a view to achieving progress by the Eleventh 
Ministerial Conference ( MC11 ). The communication had alread y been considered at the meeting of 
the Council for Trade in Goods (CTG) on 17 November 2017 . It focused on cross -border trade in 
goods enabled by the internet , and was based on China’s successful experience with e-commerce. 
In the past five years, China h ad experienced an average annual growth rate in e -commerce 
transactions  of 35%. She noted that e -commerce had contributed to economic growth and welfare  
in China, and her delegation believe d that e-commerce could help other developing countries  as 
well. The proposal  also emphasize d that e-commerce needed  to reflect the concept of inclusive 
trade, thereby providing  fair chances for SMEs to participate in , and benefit from , international 
trade and GVCs . China’s experience proved that small farmers and small b usinesses in remote 
areas could  be integrated into the domestic and international market with the help of e-commerce.  
She added that the proposed discussion did not envisage new market access commitments. 
Rather, the proponents suggested focusing the discu ssion on the clarification of existing 
multilateral rules , and on how to more fully benefit from existing market access opportunities.  She 
also emphasized the development dimension of the communication, and shared her delegation's 
view that work on e -comme rce in the WTO needed to proceed  progressively, with priority given to 
the easier issues so as to secure pragmatic progress.    
76. The representative of Pakistan  welcome d the exploratory approach taken in the 
communication . He hoped that the sharing  of experi ences  would help Members to bridge the 
information gap on this subject.  
77. The representative of Benin, on behalf of the LDC Group , highlighted the potential of 
e-commerce in promoting development, but also believed that Members needed to have a 
balanced disc ussion  on the subject , within  the context of the 1998 Work Programme  on 
E-commerce . In particular, he emphasized the need for discussions to take into account the 
constraints faced by developing countries, and in particular LDCs. He listed a number of spec ific 
challenges that LDCs were experiencing in this regard, including with respect to basic 
infrastructure and equipment, appropriate regulatory frameworks, cyber security and financing.  
The low internet penetration rate in LDCs was outlined. He also reaf firmed the importance the LDC WT/COMTD/M/ 100 
 
- 13 - 
 
  Group attached to the achievements of results on issues of concern to LDCs in the context of the 
DDA and p aragraph  31 of the Nairobi Ministerial Declaration , and indicated that discussions on 
e-commerce  should not divert Membe rs from these issues . He went on to outline a number of 
areas which the LDC Group believed  could be discussed in the context of e -commerce. In 
particular, he suggested that discussions could focus on improving online and credit card payment 
methods, promot ing access to electricity, developing e -commerce infrastructure and logistics, 
providing training and support for SMEs, and promoting digital literacy. He also emphasized the 
need for discussions on e -commerce to be inclusive and transparent , and to establ ish a clear link 
between development and e -commerce, with a view to assessing the issues and challenges for 
LDCs. In closing, he indicated that the LDC Group was considering the communication, and would 
make its position known in due course.  
78. The representa tive of Singapore  said that her delegation was presently studying the 
communication . She also indicated her delegation’s interest to participate in any further 
discussions on e-commer ce. 
79. The representative of Paraguay  asked for further details from the pro ponents on how they 
envisaged  discussions taking place in the context of their proposal, and  how the proposal would be 
developed further  in this regard . He also drew Members’ attention to a communication related to 
e-commerce that had been circulated by Paraguay  and a number of other Members in document 
JOB/GC/97 /Rev.3 . 
80. The representative of Chinese Taipei  highlighted the development dimension of e-commerce 
and the importance of bridging the digital divide, which she saw a major barrier to trade . She 
stress ed the importance of ensuring fair competition . 
81. The representative of Argentina  indicated  that his delegation would be looking at the 
proposal in  detail , and expressed support for the intervention by Paraguay in seeking further 
information on how the propo sal would be developed . He stressed the potential of e -commerce 
and technology for development, while also noting that there were infrastructure constraints  in 
developing countries that needed to be addressed. He also believed  that it was important for  
discussions on e -commerce to be held  at the WTO , particularly for developing countries, as this 
was the best guarantee of ensuring transparency and inclusiveness.  
82. The representative of Brazil  welcomed the communication, which he noted was focused on 
trade in  goods enabled by electronic means. He also noted that the communication  indicated  the 
need to hold discussions on related services and other areas , and in this regard he said that it was 
important for his delegation that discussion s went beyond trade in g oods. With regard to the 
references to tax policies in the proposal, he noted that these issues  fell outside the competence of 
the WTO. He also believed that Members needed to think carefully about the suggestions in the 
communication relating to bonded wa rehouse s and trade facilitating measures. On issues relating 
to the infrastructure and related constraints of some Members, and in particular LDCs, he 
suggested that Section II  of the Trade Facilitation Agreement ( TFA) could be taken as a reference . 
In clo sing, he expressed support for the ide a of holding an informal joint meeting of the relevant 
bodies, and noted that his delegation looked forward to reviewing an elaborated version of the 
proposal  in due course . 
83. The representative of Peru said that his del egation was still studying the communication . He 
emphasized the link between e -commerce and development, and in particular noted that 
e-commerce allow ed SMEs in developing countries to gain access to the global market. The 
facilitation of trade in goods through electronic platforms would help SMEs to benefit in this regard . 
Many Members, including Peru, were keen to move forward with discussion s on e-comm erce, with 
a view to achieving results at MC11. He believed that the idea of holding a n informal  joint m eeting 
of the relevant bodies would avoid duplication and focus on results.  
84. The representative of Colombia  indicated that his delegation was studying the proposal . He 
stressed the importance of e -commerce for development , and expressed his delegation's 
willingness to have a substantive discussion on any proposal relating to e -commerce, with a view 
to achieving results at MC11.  WT/COMTD/M/ 100 
 
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  85. The representative of India said that s takeholder consultations were presently  taking place 
in his capital. His delegation would revert with specific comments at a future date.  
86. The representative of the European Union  believe d that discussions on e -commerce at the 
WTO needed to be intensified and deepened. She outlined  the growth in e -commerce in the past 
decade, and highlighted the b enefits of participating in e -commerce, particularly for developing 
countries.  She also noted, h owever, that not many developing countries were able to take 
advantage of the opportunities that e -commerce provide d. The EU’s view was that an 
improvement in t he global trade framework would contribute to enhancing developing countries ’ 
access to e-commerce.  She explained that the concept of e -commerce encapsulated many areas – 
including trade in goods, trade in services  and intellectual property. It also ha d a direct bearing on 
many development -related issues. It was therefore useful to explore the topic in the CTD, while 
also continuing the  horizontal discussion.  Her delegation was open to consider the options with 
respect to how to continue the horizontal disc ussion, including within the framework of dedicated 
sessions, or in the context of the suggested informal joint meetings . She noted that many of th e 
ideas in the communication under consideration were complementary  to, and sometimes 
overlap ped with, the el ements put forward by the EU and other co -sponsors in document 
JOB/GC/97 /Rev.3 . However, m ore in -depth reflections and discussions would be needed in order 
to assess the feasibility of some of the ideas raised , and to identify other potential elements that  
could  be missing.  
87. She went on to say that her delegation share d the proponents' view that e -commerce 
cover ed a broad range of complex issues . Some of these issues could be addressed for MC11 , 
while o thers would require more time. The EU also shared the a ssessment of the potential benefits 
of e-commerce for development and for SMEs , and support ed further work to explor e measures 
which would contribute to improving the infrastructure and related conditions for e -commerce in 
developing countries. She noted t hat the  Aid-for-Trade framework  was already providing support  
for this, through the Aid-for-Trade Work Programme , and through the analytical work for the next 
Global Review. In addition, the EU agree d with the importance of providing greater clarity and 
certainty to the trading community regarding the moratorium on customs duties. In this regard, 
there was a strong case for making the moratorium permanent. She also noted that a number of 
ideas ha d been raised in the communication regarding customs procedure s, several of which had 
been considered in the context of the trade facilitation negotiations. She believed that Members 
needed to focus on th e issues which ha d the highest chance of reaching consensus , while avoid ing 
contentious topics such as tax policie s. Her delegation had additionally noted that a number of 
ideas were set out in the communication  regarding services supporting e -commerce , and believe d 
that some of these  issues could form part of Members' discussions . As examples, she cited 
electronic co ntracts, e -signatures and e -authentication, and consumer protection. Finally, she 
expressed support for the transparency -related objectives in the communication .  
88. The representative of Switzerland  indicated  that the approach outlined in the communication 
would contribute to a  better knowledge and understand ing of e -commerce . He welcomed the 
suggestion to move forward in informal joint meetings of the relevant  bodies, as this would allow 
Members to look at e -commerce in a coherent and meaningful way. He also  noted the reality of 
the digital divide, and in this light r ecognize d the importance of including the development 
dimension in Members' discussions .   
89. The representative of South Africa  noted  that the communication  suggested that work on 
e-commerce needed  to be carried out on the basis of the existing mandate and guidelines, and on 
the basis of proposals by Members in the relevant bodies, as set out in para graphs  2 to 5 of the 
1998 Work Programme. She also noted that the communication recognized that there  was a wide 
digital divide between M embers.  In this regard, she stressed the need to ensure that the 
participation of developing countr ies and LDC s in e -commerce wa s enhanced, and that 
e-commerce brought  benefits to all. Consideration needed to  be given as to how the discussions 
and information exchange on e -commerce could  support developing countries  and LDCs by 
addressing their concerns on e -commerce , including with regard to productive capacity. The 
process needed to be transparent and inclusive. Her del egation stood ready to advance the work 
on e-commerce, with a  focus on the  development dimension, and in accordance with the existing 
mandate.  WT/COMTD/M/ 100 
 
- 15 - 
 
  90. The representative of Costa Rica  believe d that the ideas outlined in the communication we re 
interesting , and need ed to be further looked into. He indicated his delegation's willingness to 
discuss e -commerce in the WTO, as well as in other organizations.  
91. The representative of Uganda  expressed s upport  for the intervention by Benin. He noted  
that the communication took  into account the process that his delegation had earlier suggested to 
Members, which was that submissions relating to e -commerce needed to be first taken to the 
relevant bodies, as set out in paragraphs 2  to 5 of the 1998 Work Programme. Discussions would  
need to have matured in these bodies before being reported to the General Council. Turning to the 
content of the communication, he indicated that his delegation sought some clarifications on 
certain elements. F irst, he noted that, according to the communi cation, the proposed discussions 
aimed to clarify and improve the application of existing multilateral trading rules. Given that the 
1998 Work Programme was exploratory in nature, with a mandate to examine and report , he 
asked the proponents to clarify wha t their objectives were . Turning next to the reference to tax 
policies in para graph 1.1 of the communication, he indicated  that such policies were  not within the 
scope of the WTO. He went on to note that the trade facilitation issues mentioned in the 
commu nication appeared to already be  part of the TFA, and inquired whether the idea of the 
proponents was to build on  the TFA.  He also asked how the proponents envisaged the formulation 
of concrete outcomes on the basis of paragraph 3.2  of the communication , which mentioned the 
need to improve the infrastructure and technical conditions for developing Members . Finally, he 
asked the proponents to elaborate on how the idea for joint informal meetings would work in 
practice.  
92. The representative of Australia  support ed the aim of realizing pragmatic progress on 
e-commerce at MC11. She indicated her delegation's interest to learn more about how the 
proponents envisaged work on e -commerce to be undertaken in the context of the Aid-for-Trade 
framework , and how the WTO cou ld best contribute with respect to the development aspects of 
facilitating e -commerce. In terms of the organization of discussions, Australia was open to 
advancing discussions on e-commerce in any relevant WTO body or format. She noted in closing 
that her delegation would continue to assess th e communication .  
93. The representative of the United States  said that the communication contained  a num ber of 
specific proposals that we re ripe for collaboration within the WTO. She noted that trade facilitation 
measures  could encourage the transit of goods bought and sold through e -commerce platforms. As 
suggested in the communication, simplifying border measures for imports and exports, and 
encouraging the exchange of information on regulatory measures and procedures im pacting 
e-commerce, would encourage increased trade  – particularly  among SMEs that rel ied on 
e-commerce platforms to export. With regard to the communication 's recommend ation to extend 
the moratorium on customs duties on electronic transmissions , she obser ved that this was a step 
Members had regularly taken, and it had become a cornerstone of the global digital economy. 
Even beyond extending the moratorium, the US support ed making the moratorium permanent, so 
as to allow digitally enabled firms to more conf idently offer their services around the world. She 
also emphasized the breadth of digital trade, and encourage d the uptake of other related issues 
beyond trade in goods. She noted that d igitally delivered services should be afforded the same 
protection as services provided in an offline context, and this warrant ed inclusion in any dialogue 
in the context of the 1998 Work Programme. In closing, she indicated her delegation's willingness 
to engage in more detailed discussions on the elements of the communicat ion. 
94. The representative of Canada  welcome d the initiative to move forward with substantive 
discussion s on e-commerce in the WTO , and invited Members to work together to promote 
inclusive access to, and participation in, e -commerce. She informed the Committ ee that Canada 
was supportive of an informal joint meeting to facilitate a stock -taking of initiatives across the 
relevant WTO bodies . She also highlighted her delegation's interest to consider ways to enhance 
services sector commitments, as well as to examining where the WTO could best contribute. She 
additionally noted that tax  policies were outside the scope of the WTO , and also indicated that 
further reflection was needed with respect to the development -related elements of the 
communication . Finally, sh e requested the proponents to provide further information on the 
proposed Electronic World Trade Platform, and how this would work in practice.  
95. The representative of Ecuador  said that the communication  was being  analysed  in her 
capital. She indicated that the 1998 Work Programme needed to be the context for discussions  on 
e-commerce, and also stressed  the importance of prioritizing the  pending DDA issues at MC11.  WT/COMTD/M/ 100 
 
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  96. The representative of Japan  encouraged Members to start substantive discussions on 
e-commerce as soon as possible, including on issues which were included in the communication 
under consideration. He indicated that his delegation wished to hear more details from the 
proponents on the idea of a joint informal meeting of the relevant bodies . 
97. The repr esentative of Mexico  said that his delegation was analysing  the communication, and 
wished to participate in further discussions on e -commerce.  
98. The representative of China  said that the proponents' intention was for discussions to be 
held in the context of  the 1998 Work Programme. She noted  that the focus of the communication 
was on cross-border trade in goods  enabled by the internet , as well as services directly supporting 
such trade , as these were areas of particular interest to  developing Members. She al so indicated 
the proponents' openness to discuss issues relating to the technical assistance and capacity 
building needs of developing Members, and in particular LDCs. She expressed hope that the 
proposal for a joint informal meeting of the relevant bodies  would help discussions on e -commerce 
to move forward. She also indicated that the proponents  had taken note of the various comments  
made  by Members, including with regard  to tax polic ies. Finally, with regard to the moratorium, 
the view of her delegation was that the current practice  needed to be maintained . 
99. The Chairman  encourage d Members to continue to consider the issues raised  in the 
communication from China and Pakistan . He proposed that the Committee take note of all 
interventions , and also suggested  that an item relating to e -commerce be reflected on the agenda 
of the next CTD meeting  
100.  It was so agreed . 
I. NOTIFICATIONS UNDER THE TRANSPARENCY MEC HANISM FOR PREFERENT IAL 
TRADE ARRANGEMENTS  
101.  The Chairman  recalled that, at the last meeting, the Committee had taken note of a 
notification under the Enabling Clause by Norway, which contained updated information on 
Norway’s Generalized System of Preferences (GSP)  scheme. He indicated that the notification by 
Norway – contained in document WT/COMT D/N/6/Add.6 – additionally made  reference to the 
communication in the context of a notification under the Transparency Mechanism for PTAs.  
Turning to the PTAs to be considered in Dedicated Session s of the CTD, he sai d that there we re 
five PTAs notified since the establishme nt of the Transparency Mechanism for PTAs that had yet to 
be considered in Dedicated Sessions. With regard to India’s Duty -Free Tariff Preference Scheme 
for LDCs, he informed the Committee that some data had  recently been submitted, which the  
Secretariat was in the process of examining. With regard to the other four PTAs – which were PTAs 
being implemented by China, the Russian Federation, Chinese Taipei and Thailand – the 
Secretariat had  still not received the data required for the preparation of the factu al presentations. 
He urged the notifying Members to provide th e data as soon as possible.  With respect to China's 
PTA – which was China's Duty -Free Quota -Free Programme for LDCs – he inform ed Members that 
a notification containing updated information on th is programme had been  circulated recently in 
document WT/COMTD/N/39/Add.2.  
102.  The Committee took note  of the Chairman's update.  
103.  The meeting was suspended . 
104.  The meeting was reconvened  on 25 November 2016.  
J. ANNUAL REVIEW OF THE STEPS TAKEN TO PROVI DE DUTY -FREE A ND QUOTA -FREE 
(DFQF) MARKET ACCESS TO LEA ST DEVELOPED COUNTRI ES 
105.  The Chairman  noted that there  were two listed sub-items under th e present agenda item.  
The first sub -item concerned the annual report by the Secretariat on Members’ DFQF market 
access for LDCs . The Committee would then turn to a revised submission by Benin, on behalf of 
the LDC Group, on the draft terms of reference for a clinical examination of DFQF implementation.   WT/COMTD/M/ 100 
 
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  -  Report by the Secretariat (WT/COMTD/W/222)  
106.  The Chairman  said that the Bali  Ministerial Decision , contained in document WT/MIN(13)/44 
- WT/L/919 , instructed the CTD to continue to annually review the steps taken to provide DFQF 
market access to the LDCs, and report to the General Council for appropriate action. To aid in its 
review, the Secretariat was to prepare a report, in close coordination with Members, on their DFQF 
market access for LDCs at the tariff line level, based on their notifications. He said that the 
Secretariat report, which had been circulated in document WT/COMT D/W/ 222 was an update of 
the previous year's report, and followed the same structure. A draft of the document had been 
considered at the informal, open -ended CTD meeting held on 15 November 201 6.  
107.  The representative of Bangladesh  said that his delegation h ad not been able to attend the 
informal, open -ended CTD meeting on 15 November. With regard to the Secretariat report, h e 
noted that references had been made to the African Growth and Opportunity Act (AGOA) and to 
the Caribbean Basin Trade Partnership Act (CBTPA) in paragraph 4.5 , as well as in f ootnote c of 
Table 1.  As far as his delegation was aware, these Acts did not make reference to LDCs. 
Accordingly , he did not believe that there was a justification to include the references to these Acts 
in the Secr etariat  report . He therefore suggested deleting footnote c of Table 1, and also deleting 
the last two sentences of paragraph 4.5 . He additionally suggested a modification to the first 
sentence of paragraph 4.5, so that it would read: "It may be noted that a few Members maintain 
multiple non -reciprocal market access schemes for certain groups of developing countries, which 
are also benefitting some LDCs belonging to those groups."  
108.  The representative of the United States  said that her delegation had concerns with respect 
to the way  some  information in the Secretariat report was presented. These concerns had been 
raised at the informal, open -ended CTD meeting on 15 November. She noted firstly that Table 1 o f 
the report compared DFQF access under the GSP schemes  of developed Members. The US had 
been cited as providing 82.6 % DFQF coverage. However, the table failed to include the duty -free 
access provided to LDCs under two additional program mes, which were AGOA and CB TPA. 
Although p aragraph 4.5 of the report menti oned these two program mes, the table did not include 
the data from these program mes. From the perspective of h er delegation, the reference to these 
programmes in paragraph 4.5 was a compromise. In this light , her delegation could not  agree to 
the proposed changes  to the paragraph that had been suggested  by Bangladesh. She also 
expressed appreciat ion for  the insertion of footnote c in Table 1, which clarified that the US 
provided 97.6 % DFQF coverage under AGOA . She indicated  that her  delegation could not agr ee to 
the proposal by Bangladesh to delete this footnote , and that the report as it stood took into 
account the concern s expressed by her delegation at the informal, open -ended meeting on 
15 November. She went on to say that, w hile her delegation appreciat ed that the objective of 
Table 1 was to p rovide information on Members' GSP schemes , this approach did not provide the 
full picture, since all preference program mes that benefited LDCs were not mentioned . 
Nevertheless, h er delegation was willing to join a consensus to approve the report  as contained in 
document WT/COMTD/W/222. S he also informed the Committee that officials from her capital had 
been in contact with the Secretariat to understand what data was missing. H er delegation would 
continue to work with the Secretariat and other Members in order to identify ways to provide a 
more comprehensive  picture in the future of Members’ preference program mes.  
109.  The representative of Benin, on behalf of the LDC Group , expressed appreciation to the 
developed and dev eloping Members that were providing DFQF market access to LDCs. He noted 
that some developing Members implement ing DFQF schemes had as yet not notified their schemes 
under the Transparency Mechanism for PTAs, and encouraged them to submit the required 
notifications . Other developing Members in a position to do so  were also invited  to consider 
granting DFQF market access to LDCs . Noting that preferential market access was not sufficient to 
achieve the objectives set out in the Hong Kong DFQF Decision, he invited Members to also 
respond to the Bali and Nairobi Decisions concerning p referential rules of origin for LDCs. In 
closing , he noted that the LDC Group was requesting that a clinical examination be undertaken of 
DFQF implementation. This was the subject o f the following sub -item. He believed that a clinical 
examination would enable recommendations to be formulated with the objective of  eliminat ing any 
constraints that existed with regard to DFQF implementation . 
110.  The representative of Australia  noted the ref erence by the representative of Benin to a 
clinical examination of DFQF implementation. In this regard, he suggested that it would be useful if 
the LDC Group could identify a list of products of particular export interest , at the 6 -digit level of WT/COMTD/M/ 100 
 
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  the Harmo nized System. The Secretariat could then examine the extent to which these products 
were included in Members' DFQF schemes . This would give an idea  of whether DFQF market access 
was being provided on items of export interest  to LDCs . 
111.  The representative of Bangladesh  repeated his concern regarding the references to AGOA 
and CBTPA in the Secretariat report. The view of his delegation was that these references should 
be removed if there was no mention of LDCs in AGOA and CBTPA .  
112.  The representative of the United States  said that she was not aware of whether there was a 
mention of LDCs in AGOA and CBTPA. However, she noted that the two preference programmes 
were benefiting some LDCs, and this needed to be captured in some way in the Secretariat report. 
Her delega tion believed that the Secretariat report as it stood represent ed a sufficient compromise 
to capture what these program mes were providing to  certain LDCs.  
113.  The Committee took note  of the Secretariat report , and of the interventions.  
-  Draft terms of reference for the clinical examination of implementation of the Decision 
on DFQF market access for LDCs (WT/COMTD/W/218 /Rev.1 ) – revised submission by 
Benin,  on behalf of the LDC Group  
114.  The Chairman  recalled that the original version of the proposal by the LDC Gr oup for a 
clinical examination of DFQF implementation had been considered at the 99th Session. Some 
comments were made on the proposal, and the delegation of Benin had indicated that the LDC 
Group would hold discussions with the Members that made comments.  A revised submission, 
contained in document WT/COMTD/W/218 /Rev.1 , had now been circulated . He invited Benin to 
introduce the revised submission.    
115.  The representative of Benin, on behalf of the LDC Group  emphasized the importance of 
DFQF market access, and  noted that it had been recognized by the international community as a 
key issue for LDCs. He recalled some of the comments that had been made on the LDC Group's 
proposal at the 99th Session, and informed the Committee that the revised proposal had been 
formulated on the basis of consultations with a number of delegations. Referring to the four 
sections in the submission, he  went on to explain  the elements of the revised proposal . With 
regard to the first section, which contained the background to the propo sal, he  noted that one 
Member had indicated during the consultations that a reference to the Hong Kong DFQF  Decision 
was prejudicial to its position on the DDA, and had suggested  that the reference could be omitted . 
However, the LDC Group had decided  that it was not necessary to make any changes to the first 
section, since this section recalled the legal basis for the clinical examination. He stressed that the 
reference to the Hong Kong Decision had no bearing on the ongoing discussion s regarding the 
DDA.  
116.  Turning to the second section of the proposal, which addressed the scope and parameters of 
the clinical examination, he said that one Member had felt targeted by parameters 9, 10 and 11 in 
the original proposal , and had suggested that they  needed to be mad e more general. After several 
consultations, the LDC Group had decided to make the parameters neutral, and to also drop 
parameter 10.  He additionally  informed the Committee that no observations had been made on the 
third section of the proposal, concerning  the approach , while t he timetable for the study, contained 
in the fourth section, had been rearranged. He went on to say that the LDC Group had 
demonstrated flexibility, and urged Members to show similar flexibility. It was observed in this 
regard that th e Group was asking for a study, and not a decision. The objective of the proposed 
clinical examination was for an impartial and objective diagnosis to be prepared, on the basis of 
statistical data. This would ultimately contribute to the formulation of rec ommendations aimed at 
improving market access for LDCs, with a view to strengthening their export capacity and 
generating diversification and structural transformation. He stressed the importance of working 
towards concrete and practical follow -ups to Mini sterial Decision s, and called on Members to agree 
to the terms of reference for the clinical examination, with a view to ensuring the effective 
implementation of the Hong Kong Decision . Finally, he welcomed the suggestion by Australia under 
the previous su b-item, and indicated that the proposed study should incorporate the suggested 
work. WT/COMTD/M/ 100 
 
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  117.  The representative of Pakistan  said that the proposal w as a right step towards the 
implementation of the Hong Kong DFQF  Decision and subsequent Ministerial Decisions. He also 
emphasized the need to ensure that the exports of other developing countries at similar levels of 
development as LDCs would not be negatively impacted.   
118.  The representative of India said that p aragraph 47 of the Hong Kong Ministerial Declaration 
placed an obligation on developed Members  to provide DFQF market access for products 
originating from LDCs, while it encouraged developing Members declaring themselves in a position 
to do so, to provide such treatment to LDCs' products. India was the first develo ping Member to 
announce a comprehensive scheme to provide DFQF market access to LDCs . India's scheme n ow 
provid ed DFQF market access on 96% of tariff lines at the 6-digit level  of the Harmonized System , 
while an additional 2.2% of lines enjoyed preferentia l duties . Only 1.8% of tariff lines had been 
retained i n the exclusion list, with no tariff concessions.  Turning to the proposal under the 
consideration, he observed  that it quoted only some parts of the Hong Kong DFQF Decision, and in 
particular omitted t hose parts which emphasized the differences in obligations between developed 
and developing Members.  He explained in this regard that, according to the Hong Kong Decision, 
developed Members were obliged to provide DFQF market access on at least 97% of tar iff lines, 
while this was voluntary on the part of developing Members. Furthermore, developing Members 
were permitted to phase in their commitments , and also enjoyed appropriate flexibility in 
coverage. He believed that quoting only selectively from the Ho ng Kong Decision would send a 
wrong message that the DFQF obligations of developed and developing Members were the same. 
He also noted that, in the Bali DFQF Decision, a reference to the 97% coverage was only made in 
the paragraph concerning developed Memb ers. In conclusion , he indicated that, while India 
supported the proposed study by the Secretariat, the differences in obligations  between developed 
and developing Members granting DFQF market access  needed to be reflected in the terms of 
reference, and in  the study itself.     
119.  The representative of Uganda  support ed the intervention by Benin. He indicated that his 
intervention was with respect to both sub -items under the present agenda item. Turning firstly to 
the Secretariat report on Members' DFQF market access for LDCs , he expressed appreciation to 
the Members that had responded to the Hong Kong Decision by providing DFQF market access to 
LDCs, including those that had already attained the 97% threshold. He noted that it was important 
for preference -grant ing countries to effectively implement the notification requirements , and make 
available the utilization rates in their DFQF schemes. He also expressed appreciation to the 
Members that were responding to the Nairobi Ministerial Decision on preferential rul es of origin  for 
LDCs. With respect to the revised proposal by the LDC Group for a clinical examination of DFQF 
implementation, he explained that it had not been possible to accommodate all the requests that 
had been made by delegations during the consulta tions. In particular, the Group had decided to 
maintain the reference to the Hong Kong Decision , as it was felt that this Decision provided the 
appropriate background and mandate . Furthermore , it had systemic implications for all 
LDC-specific issues , including cotton, preferential rules of origin and the services waiver. He 
questioned the suggestion that no references could be made to the DDA, noting in particular that 
this had further implications, for example with respect to the implementation of the Mini sterial 
Decisions from the Bali and Nairobi Ministerial Conferences. He also observed  that the proposed 
clinical examination was not about the future, but rather about how DFQF had been implemented 
in the past . Any recommendations result ing from the study would  have to be agreed to by 
consensus in the CTD.  Finally, he indicated that his delegation had taken note of  the interventions 
by Australia and India, and looked forward to engaging . 
120.  The representative of China  said that his delegation attached great im portance to the 
implementation of DFQF market access for LDCs , and had been providing 97% DFQF access since 
2015. However, he also emphasized that it was necessary to acknowledge essential differences in 
the responsibilities of developed and developing Mem bers in this regard. For developed Members, 
DFQF was an obligation. Developing Members provided DFQF market access on a voluntary basis, 
and faced more challenges in their own development process than developed Members.  He called 
on developed Members to fu lly implement their obligations, and suggested that the clinical 
examination needed to be more focused on DFQF implementation by developed Members.  
121.  The representative of Chinese Taipei  said that DFQF market access was an important tool  to 
help LDCs integra te into the m ultilateral trading system . While recalling that Chinese Taipei had 
already notified its DFQF scheme , she also noted that, according to the Hong Kong Decision, 
developed Members and developing Members had different DFQF responsibilities. For d eveloping WT/COMTD/M/ 100 
 
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  Members, the provision of DFQF market access was volunt ary. She indicated that the different 
obligations of developed Members and developing Members needed to be reflected in the clinical 
examination.  
122.  The representative of the United States  said that her delegation  had previously informed the 
Committee of the actions the US  had taken to implement the Bali DFQF Decision. She also recalled 
that her delegation had raised concerns at the 99th Session on the original proposal by the LDC 
Group . Although  the US was still analysing  the revised proposal, s he said that she wished to 
reiterate some of these concerns, as they had not been addressed in the revis ion. First, her 
delegation believed that the Secretariat study needed to be fact -based. However, the revised 
proposal continued to raise subjective questions which could not be answered at a general level, 
and with respect to which it was not appropriate for the Secretariat to make judgements. As 
examples, she noted that the proposed terms of reference sought to determine why there had 
been a problem in DFQF implementation, and why textiles and garments in particular had been a 
problem in this respect. She also indicated that much of the information called for in the proposed 
terms of reference was already  available elsewhere. For example, in line with the Bali DFQF 
Decision , the Secretariat produc ed a report on DFQF market access at the tariff line level. 
Furthermore, the CTD's Dedicated Session on Small Economies  had examined the textile and 
apparel secto r in detail, and the documents produced in that context addressed the data requests 
in the proposal. Similarly, other data called for in the proposal were  already publicly available, or 
generated by the LDCs themselves. She next pointed to parameter 9 in t he submission, and noted 
that tariff preferences were not always the primary determinant of  sourcing decisions . Other 
factors  – such as product  availability , production time, and vendor reliability – also played a role. 
She informed the Committee that her delegation was not in a position to support the proposed 
terms of reference for the Secretariat study  at the present time . 
123.  The representative of Benin  said that the LDC Group would take into account the 
suggestions by China, India and Chinese Taipei. He al so expressed appreciation for  the information 
provided by the US . In this regard, h e welcomed any specific written suggestions from the US, and 
asked whether they could be provided within a week. He indicated that consultations with 
Members could continue . 
124.  The representative of Canada  said that any terms of reference for a Secretariat study 
needed to be objective and allow for a factual examination of DFQF  market access for LDCs.  In this 
regard, she noted that the revised submission continued to include som e subjective elements. She 
also emphasized that the content of the proposed study should not duplicate information that was 
already available in existing Secretariat documents. Finally, she indicated that she would need to 
consider further the suggestion  from some  delegations that the analysis in the clinical examination 
should  be different for developing Members relative to developed Members.   
125.  The representative of the United States  said that her delegation was willing to  continue to 
work with the LDC Gro up on this matter . However, the US would not be in a position to provide 
written comments  or drafting suggestions . She said that she did not wish to leave the Committee 
with the impression that any comments would be provided within a week, as requested by the 
representative of Benin.  
126.  The Chairman  noted that some questions and concerns remained, and it was therefore not 
possible for the Committee to agree to the terms of reference for the study at the present 
meeting. He encouraged the proponents to continu e to engage with the Members that had 
commented on the proposal .        
127.  The Committee took note  of all interventions .  
K. DRAFT ANNUAL REPORT FOR 2016 (WT/COMTD/W /221)  
128.  The Chairman  said that a fax was sent to Members on 17 November 2016, indicating that 
the C TD's draft annual report had been circulated in document WT/COMTD/W/221. It was noted 
that the draft contained a number of square brackets relating to some items, including with 
respect to discussions taking place at the 100th Regular Session. The square b rackets would be 
removed as part of the process of adopting the annual report , and the discussion that had taken  
place at the present meeting would be appropriately reflected in the final report . Noting that WT/COMTD/M/ 100 
 
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  Members had been requested to submit in writing any comments on the draft annual report by 
22 November 2016, he informed the Committee that no comments had been received on the 
report.  
129.  The representative of Bangladesh  asked for clarification on the procedure with regard to the 
finalization of the annual  report.  
130.  A representative of the Development Division  explained  that the practice  was for  the 
Committee to adopt the annual report at the present meeting, with the understanding that the 
Secretariat  would appropriately reflect the discussion  that took pla ce at the meeting . 
131.  The representative of Bangladesh  asked whether Members could have an opportunity to 
view the final draft of the  annual report , and provide comments if necessary . He explained that he 
was particularly interested to see how the discussion on the Secretariat report on DFQF market 
access for LDCs would be reflected.  
132.  The representative of the United States  indicated that her delegation also wished to be given 
the opportunity to view the final draft of the annual report , and provide comments if  necessary . 
Like Bangladesh, her delegation’s interest was in seeing how the discussion on the Secretariat 
report on DFQF market access for LDCs would be reflected.  
133.  The Chairman  said that the final draft of the annual report would be shared with  Members, 
once the Secretariat had reflected the discussion that took place at the present meeting. Members 
would be given the opportunity to provide any comments  within a stipulated timeframe.  If no 
comments were received, the report would be considered adopted .3 
L. OTHER BUSINESS  
134.  No matter was raised under "Other Business".  
135.  The meeting was adjourned . 
 
__________  
 
 
 
                                                
3 No comments were received on the final draft of the annual report which was shared with  Members. 
The adopted repo rt was circulated in document WT/COMTD/91.