RESTRICTED  
  
TN/C/M/38  
 
8 February 2018  
(18-0906) Page: 1/64 
Trade Negotiations Committee  
28 November 2017    
 
 MINUTES OF MEETING  
HELD IN THE CENTRE W ILLIAM RAPPARD ON 28 NOVEMBER  2017 
Chairman : Mr. Roberto Azevêdo (Director -General)  
Contents  
 
1  INTRODUCTION BY THE CHAIRMAN  ................................ ................................ .............  1 
2  REPORTS BY THE CHAIR PERSONS OF THE BODIE S ESTABLISHED BY THE  TNC ............  1 
3  STATEMENT BY THE CHA IRMAN  ................................ ................................ ...................  7 
4  STATEMENTS BY PARTIC IPANTS  ................................ ................................ ..................  9 
 
1  INTRODUCT ION BY THE CHAIRMAN  
1.1.  The Chairman  welcomed participants to the thirty -eighth formal meeting of the T rade 
Negotiations Committee (TNC)  and to the informal Heads of Delegation  (HoDs)  meeting. He 
believe d that holding these meetings together w ould help expedite Members'  proceedin gs, given 
the limited time left to the start of  the Eleventh WTO Ministerial Conference ( MC11 ). 
1.2.  The purpose  of the meeting was to assess the state of play before the General Council  and 
before  Members left  for Buenos Aires. It was also an opportunity for the Chairman  to provide 
Members with a sense of what the process would  look like for the work at the Ministerial 
Conference.  
1.3.  He suggest ed that Members  reverse agenda items 1 and 2 – so that they could  hear from the 
Chairs first, before he could provide  his overview.  
1.4.  The Trade Negotiations Committee so agreed.  
2  REPORTS BY THE CHAIR PERSONS OF THE BODIE S ESTABLISHED BY THE  TNC 
2.1.  The Chairman  noted  that written reports had  been circulated in th e following official 
documents:  
 Special Session of the Committee on Agriculture     TN/AG/37  
 Special Session of the Commi ttee on Trade and Development   TN/CTD/32  
 Special Session o f the Dispute Settlement Body     TN/DS/30  
 Special Se ssion of the Council for TRIPS      TN/IP/25  
 Negotiating Group on Market Access       TN/M A/31 
 Special Session of the  Council for Trade in Services    TN/S/41  TN/C/M/38  
 
- 2 - 
 
   Special Session of the Comm ittee on Trade and Environment    TN/TE/24.  
2.2.  He noted that th e fisheries s ubsidies cluster which had started  the day before was on-going. 
Therefore Ambassador McC ook ha d informed him that he w ould issue his written report after th is 
meeting, in document TN/RL/28 and would  only provide an oral report . 
2.3.  Ambassador Dr Stephen Karau  (Kenya ), Chairman of the Special Session of the Committee 
on Agriculture , said that he had circulated on 24 November his written report to the TNC in 
TN/AG/37 in which he had  described in detail the state of play in the agriculture negotiations and 
made some recommendations.  
2.4.  He had  also circulated a revised version of the compilation document  – JOB/AG/128  – 
containing a tabular presentation of Members ' submissions on t he various negotiating issues.  He 
attach ed great importance to t his document, which encapsulated  the work done by delegati ons in 
recent months and which he hoped would  constitute a soli d basis for Members' work at MC 11 and 
beyond.  
2.5.   He had  held, the day before , an informal meeting of the Co mmittee o n Agriculture  in Special 
Session  (CoA SS)  and the two dedicated sessions on Public Stockholding for Food Security 
Purposes ( PSH) and the Special Safeguard Mechanism ( SSM) during which delegations had  had the 
opportunity to express their views on the state of play of the agricultural negotiations and to 
comment on his report.  
2.6.  As Members would  have seen from his recommendations, he consider ed that there was basis 
for agreements to be reached at least on PSH and export prohibitions and restrictions at MC11.  
2.7.  He also believed  that a decision could be envisaged on cotton at MC11. Regarding d omestic 
support, owing to persistent differe nces in the negotiating positions of Members , he had  
recommended that unless there was a significant change in negotiating positions in the following  
few days, Members should pursue a limited outcome, potentially comprising a decision and a work 
programme to gu ide the negotiations post -MC11.  
2.8.  With regard to the SSM, he was  still reflecting on the possible recommendations for a way 
forward.  
2.9.  Regarding oth er negotiating issues, his assessment was that the best possible outcome would  
be a post -MC11 work programme and he had suggested considering work programmes for all 
these outstanding negotiating issues together in order to ensure consistency and coherence . 
2.10.   Based on the outcome of his consultations and the views expressed by Members as well as 
the submissions on the table, he would  circulate, where appropriate, draft texts by the end of the 
week for the consideration of Members.  These draft texts would  be there only to facilitate the 
process and offer Members a common reference point before they engage d in the final negotiation 
phase in the limited time they had  available. This was a Member -driven process and he expect ed 
solutions to come from Members.  
2.11.   He intended to hold a last informal open -ended meeting of the CoA SS, as well as the two 
dedicated sessions on PSH and SSM on 4 December to present his final recommendations and give 
Members the opportunity to express their views before they depart ed for Buenos  Aires.  
2.12.   His objective was, as it h ad always been thus far, to ensure full transparency and 
inclusiveness, and to make sure that no Member was taken by surprise when the negotiations 
resume d in Buenos Aires.  
2.13.   Ambassador Wayne McCook  (Jamaica ), Chairman of th e Negotiating Group on Rules , said 
that since his last report to the TNC in October the Negotiating Group on Rules  (NGR)  had 
continued its activities on the three distinct pillars of its work – fisheries subsidies, trade reme dies, 
and horizontal subsidies.  
2.14.   The work on fisheries subsidies ha d been particularly active. At the Group's open -ended 
meeting clusters in mid  and late  October dedicated to this pillar, discussions had been  based on TN/C/M/38  
 
- 3 - 
 
  the "vertical" text produced by the proponents of the seven original p roposals. That document  had 
compiled and to varying degrees consolidated, language from those proposals, in all of the areas 
addressed (preamble, scope, definitions, prohibitions, standstill, special and differential treatment  
(S&D T), transparency and noti fication, transitional provisions, an d institutional arrangements).  
2.15.   Intensified discussions based on that document at the Group's mid -November fisheries 
subsidies meeting cluster had led to the creation and validation of two streamlined working texts, 
on proposed prohibitions relating to illegal, unreported and unregulated  (IUU)  fishing, and to 
overfished stocks. These working texts, which ha d been circulated to Members in document 
TN/RL/W/274, were the result of a collective effort by delegations, and repr esent ed an effort to 
present with some degree of clarity the numerous issues, approaches, and views before the Group 
in these areas. Their purpose was to facilitate further work by the Group, and they c ould be 
expected to continue to evolve. They were without prejudice to the position of any delegation.  
2.16.   In the present  week, the Group was continuing to meet on fisheries subsidies. The day 
before , it had taken up the issues of transparency and S&DT, as well as additional proposed 
prohibitions relating to capa city-enhancing subsidies, overcapacity, and overfishing, on the basis of 
template texts provided by various delegations. Through this process, the Group ha d created 
streamlined working texts on transparency and S&DT, and was finalizing texts on the additio nal 
prohibitions. He expect ed that Members w ould consider the validation of these texts that afternoon 
and would then circulate them in a revision to document TN/RL/W/274. Members would  then 
return to the validated texts relating to IUU, overfished stocks,  and transparency to see if further 
consolidation and convergence c ould be achieved.  
2.17.   In addition to focused work on these two texts, during the course of the Group's work the 
next day , he anticipate d that Members might wish to take stock of the progress made by then in 
all areas, and also exchange views on how best to advance their fisheries subsidies work for MC 11 
and beyond. He expect ed that in those reflections Members w ould look both at the future work 
question and a ny partial outcome which some Members and groups ha d signalled they wish ed to 
continue to consider.  
2.18.   On trade remedies  (anti-dumping and countervailing measures) and on horizontal subsidies, 
the Group ha d also continued its work, with one meeting on each to pic since his last report. In 
each of these areas, the Group ha d continued to discuss proposals put forward by a delegation. 
While the discussion in both pillars ha d been constructive, no concrete outcomes ha d so far been 
proposed for MC11. In each area, i nterest ha d been expressed in continued work after Buenos 
Aires.  
2.19.   Ambassador Hector Marcelo Cima  (Argentina ), Chairman of the Special Session of the 
Council for Trade in Services , said that his written report on the state of play in services 
negotiations ha d been c irculated as document TN/S/41.  
2.20.   The report cover ed four areas: services trade facilitation; services related to  e-commerce; 
market access; and domestic regulation.  Of these, only domestic regulation ha d been further 
discussed since his last oral rep ort. 
2.21.   He said that he would be brief on the first three  issues, since the situation had  not changed.  
2.22.   With respect to the proposal by India on services t rade facilitation and the proposal by the 
European Union  (EU) on online t ransactions, no outcome in the f orm of agreed text c ould be 
expected in Buenos Aires.  In terms of post -MC11 work, India and the EU ha d communicated their 
intention to re -engage on their respective proposals after the Ministerial.  
2.23.   On market a ccess, a number of Members ha d expressed interest in revitalizing market 
access negotiations pursuant to the built -in mandate under Article XIX of the General Agreement 
on Trade in Services ( GATS ). However, no specific proposals to help advance t hese negotiations 
post-MC11 had  been put  forward.  
2.24.   On domestic r egulation, negotiations ha d continued in the Working Party on Domestic 
Regulation  (WPDR)  since his last report to th e TNC.  The state of play in tho se negotiations ha d TN/C/M/38  
 
- 4 - 
 
  been described in the report by the Chair of the WPDR, which had b een circulated on 21 November 
2017.  In summarizing the present  situation, he dre w heavily on that report.  
2.25.   Discussions in the W PDR in recent months ha d centred on a text for disciplines on domestic 
regulation, which had been put for ward by a group of propon ents. 
2.26.   In addition to comments that Members ha d conveyed orally at meetings of the WPDR, two 
Members had each circulated written comments and drafting suggestions on the proponents' text.  
2.27.   Discussions had last taken  place at the meeting of the WPDR on 7 and 8 November 2017, 
and divergences  had remained  across the Membership.  
2.28.   Co-sponsors of the text believed  that disciplines on domestic regulation would provide value 
added to existing market access commitments, and they saw their proposal as flexible, includin g 
as regards implementation by Members at different levels of development and regulatory capacity.  
2.29.   Other Members  had expressed reservations of varying degrees of concern about certain 
aspects of the proposal.  Some had conveyed general support and wished to  see specific issues 
addressed.  Others had more significant reservations, for example in relation to proposed 
provisions on gender equality and necessity, the language on the right to regulate or in the 
development section, or the treatment of qualificatio n requirements and procedures.  
2.30.   Finally, another group of Members had expressed concerns of a more fundamental nature, 
pointing to conceptual differences.  They questioned the need for the proposed disciplines and the 
benefits that these might bring to devel oping countries and least developed countries ( LDCs). This 
group of Members believed  that the proposed disciplines would be incompatible with their 
development aspir ations and limit policy space.  
2.31.   In terms of the way forward in these negotiations, some Memb ers had considered that time 
was too short to achieve an outcome at MC11 and suggested continuing discussions after the 
Ministerial. Others had been of the view that work on the basis of the proponents' proposal could 
not lead to an outcome.  For their part, proponents had said that they wished  to continue work and 
to build support for their proposal in order to achieve an outcome at MC11 and for that they 
considered important to raise discussion s at a higher political level.  
2.32.   On the previous  Friday, 24 November, proponents ha d circulated revised text proposals that 
contain ed certain textual modifications and that add ed five additional Members to the group of co -
sponsors.  
2.33.   Ambassador Tan Yee Woan  (Singapore ), Chairperson  of the Special Session of the 
Committee on Trade and Development , said that  her detailed written report was being circulated 
as document TN/CTD/32. Members w ould recall that she had last reported, at length, on the work  
of the Special Session at the i nformal TNC and H oDs meeting on  24 October 2017. That  report had 
later been circulated in JOB/GC/145. Therefore, she would  not repeat most of what had already 
been presented in her previous report.  
2.34.   Since her last report in October, the Special Session had held five further meetings in 
November.  At its meeting on 16 November, Members had concluded  a second substantive reading 
of the ten proposals tabled by the Group of 90  countries  (G-90). 
2.35.   Overall, there had  been varied levels of engagement on the var ious proposals.  Where there 
had been engagement, it ha d helped Members better understand each other 's viewpoints. For 
some other proposals, in particular the industrialization cluster comprising the three proposals 
relating to the Agreement on Trade -Related Investment Measures ( TRIMS ), General Agreement on 
Tariffs and Trade (GATT)  Article XVIII A and C, and the Agreement on Subsidies and 
Countervailing Measures  (ASCM) , the level of engagement  had fallen short of what the pr oponents 
thought they deserved.  
2.36.   One Member had repeatedly stated that it would not engage on the basis of the current 
approach and the proposals on the table.  TN/C/M/38  
 
- 5 - 
 
  2.37.   Her assessment of where Members stood  on substance was that the differences in positions 
remain ed deep and wide, and Members were no closer to converging on any o f the proposals. The 
proponents continue d to maintain that the requested flexibilities were needed for fostering 
industrialization, promoting diversification and facilitating structural tra nsformation in their 
economies.  
2.38.   On the other hand, some Members con tended that agreeing to these flexibilities would give 
a wrong signal that multilateral trade rules did not foster development.  Any solutions to the issues 
raised in the proposals had to  be realistic and based on facts. Deviations from rules should only be  
considered in exceptional circumstances and for only those who really need ed them. The 
differences with respect to "differentiation" also remain ed. 
2.39.   In her continued efforts to seek clarity on the way forward, she had  recently posed to 
Members a s et of pro cess-related questions – how best to use the remaining time in Geneva ; what 
delegations  envisage d ministers doing on this dossier at Buenos Aires ; and, how they could better 
prepare for that.  
2.40.   The proponents  had stated that they intend ed to submit the ir ten proposals to m inisters for 
action at MC11. Sixteen years of technical level discussion in Geneva ha d yielded little results to -
date. There was a disconnect between what m inisters had mandated in paragraphs 5, 31 and 32 of 
the Nairobi Declaration and wh at Members had been  doing in the Special Session.  They therefore 
believe d that Ministerial engagement was necessary for a political decision on this dossier. They 
also emphasize d that the S&D T proposals should receive parity in treatment with other proposa ls 
in other areas being considered in the WTO. 
2.41.   Some other Members believe d that the discussion on the proposals ha d reached its limit and 
any further work on the same proposals or subsequent revisions to them, would, at best, be a 
repetition of what had al ready been flagged. They also advise d against transmitting "unripe" 
proposals to Buenos Aires for ministerial engagement.  Some Members had been  of the view that 
convergence on these proposals would not be possible either at MC11, or even thereafter.  Some 
Members had been  prepared to continue discussion even though they did not believe convergence 
would be possible on the basis of the current approach and proposals.  If at all ministerial 
engagement was necessary, it might be more constructive for m inisters t o discuss broader political 
trade and development issues instead of the ten proposals.  
2.42.   There was broad recognition that the substantive issues Members were trying to grapple 
with in the Special Session were important. Although there were wide differences o f views on how 
these issues could best be tackled and appropriate solutions could be found, she had  not hear d 
any Membe r objecting to a discussion by m inisters at Buenos Aires on development issues.  
2.43.   In her concluding remarks at the Special Session on 23 November, she had encouraged 
Members to use the remaining time in the lead up to MC11 to reflect and discuss, among 
themselves, how to prepare for a constructive ministerial engagement  on this issue in Bueno s 
Aires.  
2.44.   Subsequently, a number of Members had suggested that it would be useful to provide broad 
questions on trade and development to the Chair to help structure ministerial engagement in an 
efficient and meaningful manner.  
2.45.   Accordingly, in the interest o f transparency and inclusiveness, the previous  Friday , she had 
asked Members to provide questions, if any, on broad trade and development issues that could 
help frame a ministerial discussion.  
2.46.   In response to her request, some Members  had sent their propose d questio ns to help frame 
discussion by m inisters on trade and development at MC11. In the interest of transparency, she 
intend ed to circulate tho se questions to Members and time -permitting she hoped  to convene an 
informal open -ended meeting for Members to  exchange preliminary views, if any, before Buenos 
Aires.  
2.47.   She said t his was where Members stood in their work in the Special Session . TN/C/M/38  
 
- 6 - 
 
  2.48.   Ambassador Didier Chambovey  (Switzerland ), Chairman of the Negotiating Group on Market 
Access , said that his written report had been  circulated in TN/MA/31 the day before . He had  
attempted to summarize in that report the work  that had been  done by the Negotiating Group 
since the last Ministerial in Nairobi in December 2015.  
2.49.   Activity in the Negotiating Group on Market Access  (NGMA)  had remained subdued for much 
of the two years. There ha d not been much interest in resuming a non-agricultural market access 
(NAMA ) tariff negotiation. The reasons for such a state of affairs ha d been set out in the report. 
Having mad e this observation, he wished to nevertheless note that there had been  a number of 
Members who were supporters of a NAMA tariff negotiation. But these Members were perplexed 
about how best to re -launch the file given the general scepticism and r eluctance t o engage on 
tariffs.  
2.50.   He wished to draw attention to the impression which had emerged from his consultations on 
non-tariff barriers ( NTBs). Several delegations  had mentioned that NTBs m ight be more 
problematic than tariffs and that priority had to be given to addressing them.  At the same time, 
there had been  differing views about whether a negotiation on NTBs should be und ertaken in the 
context of NAMA.  
2.51.   Against this backdrop, in July of 2017, a proposal to enhance Transparency in Regulatory 
Measures covering  technical barriers to trade ( TBT) and sanitary and phytosanitary ( SPS) 
measures had been  submitted by the EU, Hong Kong, China and Chinese Taipei.  An additional five 
sponsors ha d joined the proposal which had been  re-submitted in a revised form in Novembe r 
(Australia, Canada, Japan, Korea and Singapore).  The Negotiating Group ha d met twice to di scuss 
this proposal.  
2.52.   This was the first and only proposal that had been  submitted to the NGMA  since MC10. He 
characterize d the discussions on this proposal as it st ood at present a s polarized. The reasons ha d 
been expanded in his written report and he would  not repeat them at the present meeting.  
2.53.   So this was where Members stood on the NAMA negotiations.  In terms of next steps and as 
had been noted in his written report, he said that Members m ight nevertheless wish to reflect on 
whether a substantive discussion on this proposal or parts thereof could be useful and, if so, how 
best and wher e to conduct such a discussion.  
2.54.   Ambassador Dacio Castillo (Honduras) , Chairman of the Special Session of the Council for 
TRIPS , said that  since his last report to the TNC  on 24 October 2017 there ha d been no further 
meetings of the TRIPS Special Session. His written report to the TNC – which ha d been circulated 
as TN/IP/25  – was therefore based on the state of play after the last formal meeting of the Special 
Session on 18  October 2017.  
2.55.   In this report, he share d his assessment that the work of the TRIPS Special Session was not 
presently  a priority for Members, and that ther e had been no proposals for ministerial action in this 
area at th e current time . The demandeurs  had nevertheless reaffirmed their commitment to 
keeping the TRIPS issues on the table after MC11. He would therefore expect them to propose 
during the Ministeri al Conference, that a commitment to the continuation of this work be reflected 
in any outcome of MC11. For a more detailed assessment , he referred delegations to his written 
report.  
2.56.   Ambassador Dr Syed Tauqir Shah  (Pakistan ), Chair man of the Special Session of the 
Committee on Trade and Environment , said that he wished to underline one point from his written 
report contained in TN/TE/24 and circulated on 24 November 2017. In the context of his 
consultations and the informal information  session meeting he had  held in early October, several 
delegations ha d reiterated the importance of ensuring that environment issues feature d in any 
ministerial declaration or text that might emerge from Buenos Aires. He therefore encourage d 
delegations to  keep it in mind as they progress ed towards an outcome at MC 11. As always, 
he remain ed ready to assist delegations in any way he could . 
2.57.   Ambassador Coly Seck (Senegal) , Chairman of the Special Session of the Dispute 
Settlement Body , (DSB-SS) said that the DSB SS ha d continued focused work on the 12 issues 
under negotiation since his election as Chair in May 2017.  TN/C/M/38  
 
- 7 - 
 
  2.58.   Before the summer break, Members had  complet ed focused work on two issues: strictly 
confidential information and s equencing. He had  submitted Chair 's texts on both issues for 
Members' consideration, and Members had made comments on the texts and his accompanying 
assess ments.  
2.59.   After the summer break, the Group had  conducted a stock -taking exercise. One open -ended 
meeting each in September, October, and  November  had been held . During the stock -taking, 
Members  had generally agreed that the G roup was not in a position to prepare possible outcomes 
for MC11 based on the work accomplished to date. Members had also generally supported 
continuing focused sequen tial work on the remaining issues, and had provided views on the 
structure and organization of work going forward. In document TN/DS/30, he was  giving a more 
detailed report on the focused work and stock -taking conducted since he had been  elected Chair, 
as well as an outlook for future work.  
2.60.   The Trade Negotiations Committee took note  of the reports by the Chairpersons of the 
bodies established by it.  
3   STATEMENT BY THE CHA IRMAN  
3.1.  The Chairman  said that he wished to start by putting on the record his thanks to the 
negotiating  group Chairs for their hard work, particularly over recent weeks. He also wished to 
thank the General Council  (GC) Chair man for his work on the draft Declaration. As Ambassador 
Carim had reported to the informal open -ended meeting on 22 Nov ember, despite not having a 
final result in Geneva, the process had been  positive, transparent and inclusive. At that meeting, 
Members had  also heard that the MC11 Chair intend ed to continue to work for a ministerial 
declaration in Buenos Aires.  
3.2.  The last t ime Members had met to review their progress on preparations for MC11 had been  
over a month ago, on 24 October. Since then, there ha d been significant activity in a number of 
areas. The Chairs ha d continued their consultations, as Members had heard. Members ha d 
continued contacts amongst themselves. The Chairman said that  he had  continued to hold 
consultations with Members, both in Geneva and in capitals.  
3.3.  On 8 November, he had  attended a meeting of Asia Pacific Economic Cooperation (APEC)  
Trade m inisters in Da  Nang, Viet  Nam, where he had  had the opportunity to talk to ministers from 
that group. He had  also travelled to Singapore, where he met with Prime Minister Lee and Trade 
and Industry Minister Lim. In addition, he had been  invited to attend the Hi gh-Level Forum on 
Facilitating Trade and Investment for Development that had taken  place in Abuja, Nigeria, on the 
2 and 3 November , where he had  engaged with a number of m inisters . He had found all of these 
interactions helpful in raising m inisters' aware ness of the work in Geneva . He had  heard a lot of 
support for a successf ul MC11 at the political level.  
3.4.  Here in Geneva, he had  held a series of conversations, mainly with those that ha d submitted 
proposals on different topics. The objective had been  to bet ter understand from proponents how 
they saw the process ahead in their areas of interest in the lead up to MC11. He had been urging 
them to be realistic and flexible – but also to engage with other Members, particularly those with 
opposing views, in order to find ways of addressing their concerns and building consensus.  
3.5.  He had been in regular contact with the negotiating group Chairs. The previous  Friday, he 
had met them all together with the GC Chair. He had a lso remained in constant contact with the 
MC11 Chair – Susana Malcorra – including the previous  week when she had been  in Geneva with 
her team.  
3.6.  Overall, he believed  that there ha d been a lot of progress over the weeks. Excellent 
engagement  had been seen . Many proposals had been  brought forward, many meetings  had been  
held, and much hard work ha d been done. However, Members' positions continue d to diverge 
significantly on the substantive issues. Despite Members'  best efforts, he did not believe that there 
would  be agreed  negotiat ed outcomes in Geneva.  
3.7.  He asked where  this left Members  in terms of their work in Buenos Aires . While there 
remain ed a lack of clarity on what might  be possible, he had been  hearing that there were TN/C/M/38  
 
- 8 - 
 
  numerous issues that Members wished  to talk about in Argen tina. He had  been calling for 
prioritization for some months. He appreciate d Members' efforts , but limited progress ha d been 
made on this front. Members  still ha d a lot of issues in play for the Ministerial – many issues to 
deal with, in a concentrated tim e period. They were all important issues that merit ed ministers' 
attention and consideration at the political level. Members needed to consider  how they manage d 
this, and ma de provision for m inisters to deal with these issues.  
3.8.  For the sake of the orderly m anagement of the meeting, he and the MC11 Chair were  
considering options for appointing a few minister facilitators who w ould work with the negotiating  
group C hairs in Buenos Aires. This would  ultimately  be a decision of the MC11 Chair . Based on the 
current situation, he believed that it  would be reasonable to expect facilitators for: agriculture, 
development, Rules, e -commerce, and he believed there would probably be a fifth facilitator 
covering issues under services, and maybe some ot her areas . He said that this might need 
adjustment, depending on how things evolve d and that i t would be prudent to remain open for 
fine-tuning. Nonetheless, he believe d that five facilitators were about as much as could be  handle d 
– in part because of pra ctical considerations, such as meeting space in Buenos Aires. He said that 
there m ight be other elements that he would  pick up as appropriate together with the Chair of the 
Conference and the GC Chair.  
3.9.  He was aware that some Members ha d also been developin g work in limi ted group formats. 
This included  the work on M icro-Small and Medium Enterprise s (MSMEs) , investment facilitation, 
and any other issue that was being discussed in a track different from the negotiating groups. He 
said that i t was for the propo nents in these areas to advance this work as they s aw fit. If they 
wished  to appoint their own chairs or facilitators at the Ministerial, that was for them to take 
forward.  
3.10.   In considering the process for the meeting, openness, transparency and inclusivenes s would  
be important. In addition, it always  had to  be a bottom -up process. Many Members ha d 
emphasized  this during the preparatory work.  
3.11.   With th is in mind, he wished to clarify how he saw  the process at this point in time. First, 
the facilitators, as well  as the Chairs and the Secretariat , would be there to facilitate  the work of 
Members  – not to drive it. Their role w ould be to convene meetings and facilitate conversations – 
more than that. The driving force on substance ha d to come from Members. Facilita tors c ould only 
consult and facilitate – they c ould not  do the job for Members . 
3.12.   Second, facilitators w ould aim to hold open meetings. All Members who w ished  to 
participate w ould have a chance to do so. Moreover, he would  encourage facilitators to coordinat e 
with each other in scheduling their meetings  so that overlaps  were avoided , as far as possible.  
3.13.   Third, informal HoDs meetings  would also be held  in at the end of each afternoon or early 
evening – starting on Monday 11 December. These meetings w ould be a chance for facilitators to 
report back to everyone on their work. They would be an opportunity for every minister to 
participate on every issue and assess progress achieved in the different areas. Even if a delegation 
had not attended a meeting on a particular issue, it would  have a chance to make its views heard 
at the HoDs.  
3.14.   Finally, he would  be holding consultations in Buenos Aires, to help the process where he 
could.  He stressed that while he would  hold consultations where needed, he would  not conv ene 
closed -door negotiating meetings. This was the current scenario.  
3.15.   He would  continue to consult with others – with the G C Chair, negotiating group Chairs  and 
the MC11 Chair before finalizing preparations in Geneva. They would  confirm all of the se details  at 
the start of the c onference, or earlier if that was possible.  
3.16.   Given the number of issues likely to be discussed, he believed that Members had to be 
prepared for a fluid process in Buenos Aires. Arrangements in ministerial c onferences were always 
difficult. But, as he had  explained, everything  that could be done would be done to ensure that the 
meeting was open, tran sparent, inclusive and orderly.  TN/C/M/38  
 
- 9 - 
 
  3.17.   It was right that a bottom -up approach  should be taken  – true to the Member -driven nature 
of the organizatio n. But it was worth noting that with this approach, the responsibility to advance 
the work f ell squarely on the shoulders of Members.  
3.18.   Success w ould require Members  to show flexibility and creativity. It w ould also require them 
to show restraint. If the HoD s meetings were to function as the forum for decisions, Members 
would need to take a business -like approach. This was important. The  HoDs  would not be an 
opportunity for long, prepared statements. A minister was not required to speak. Members would 
hear th e reports of the facilitators and anything that Members ha d to say, and then take decisions 
in a straightforward and executive fashion. It w ould be the duty of delegations  to be efficient and 
expeditious. It was up to Members to determine how far they coul d advance and how quickly.  
3.19.   He said that MC11 was a very important moment. It was an opportunity to  take stock of the 
significant progress that Members had  made; deliver where possible ; and set the direction for 
future work.  
3.20.   Precisely how far each issue proceed ed would depend on the dynamics of each negotiation. 
Whether Members  manage d to agree outcomes, a work programme or neither w ould depend on 
the work in each area – and on the decision of the HoDs.  
3.21.   He asked Members to see what they could do.  The WTO had been on a positive path over 
the last two ministerial conferences . He asked Members to continue that journey in Buenos Aires 
and beyond  and for their continued commitment, engagement and flexibility in this final stretch.  
3.22.   The Trade Negotiations Committ ee took note  of the Chairman's statement.  
4  STATEMENTS BY PARTIC IPANTS  
4.1.  The representative of Nigeria  said that he had a specific instruction from his capital in respect 
of a particular communication . He start ed by express ing his delegation's appreciation to the Chairs 
of the bodies established by the TNC for their detailed reports on the state of play in the 
negotiations and also for the ir assessment s including their various recommendations. His 
delegation had taken  note that work was still progressing in all  the areas of the negotiations. 
Delegations had  heard in particular from the Co A SS  Chair that they should be prepared for 
negotiations in Buenos Aires. They had also  heard from the N GR Chair that the G roup might  also 
be looking for some partial outcomes, including future work in respect of fisheries subsidies.  
4.2.   His delegation had noted a varying level of progress and engagement.  It agreed  with the call 
for compromise and flexibility and for the need to exercise self-restraint as appropria te. 
4.3.  His delegation also  expressed its  appreciat ion for  the report of the Chairman , which was  frank 
and detailed . It had taken note of the fact that there might  not be agreed negotiated outcome s in 
Geneva as the Chairman had mentioned.  Nevertheless  , it agreed with the Chair man in respect of 
the process  he had  outline d including the appointment of facilitators as appropriate as well as the 
respective rules in that regard.  
4.4.  Returning to the communication in document  JOB/GC/158 and JOB/TNC/164  – and without 
prejudice to the statement that Rwanda would make  on behalf of the African Group , he said that 
he needed to clarify that perhaps a footnote should have been inserted in that pa rticular 
communication that would  indicate that that communication was without prej udice to the position 
of Nigeria. He needed to clarify that footnote. He said that a t times it m ight not be self -
explanatory what  was meant  by "without prejudice to the position  of Nigeria".  
4.5.  He wished to make a few points.  First, the fact that Nigeria had been mentioned, in various 
statements of  the African Group , including this  communication , confirm ed that its views and 
position in most cases were not reflected or accommodated. He asked what was message was  
being sent when communications or documents on b ehalf of a group overlooked the views of an 
important member of that group.  He believed that was not fair in terms of the process that was  
inclusiveness , bottom -up approach  and participat ory. TN/C/M/38  
 
- 10 - 
 
  4.6.  Second , his delegation also question ed the process that  had led to the submission of that 
communication . It said there was never an opportunity to discuss that document  – including  at the 
expert and  ambassadorial level s where its  concern could  have been expressed  – since this had 
always been the procedure  in their discussions within the Group.  
4.7.  Third, Nigeria  had different views with respect to most of the substantive issues raised and 
he believed the coordinator was fully aware of the Nigerian position in that regard. For these 
reasons, he wished to restate and confirm that that document did not enjoy the consensus of the 
Group.  
4.8.  The representative of Rwanda , speaking on behalf of the African Group , thanked the 
Chairman and the Chairs of the negotiating bodies for their detailed reports.  
4.9.  On the process , he said that Members were less than two weeks away from MC11  and the 
African Group was concerned about the lack of clarity on the process and agenda of the 
conference.  
4.10.   Based on the report by C hairs of negotiating bodies, it was clear that no progress had  been 
made on almost all issues under negotiation; in addition to lack of consensus on the Ministerial 
Declaration.  
4.11.   At the emergenc y informal H oDs meeting, convened by the GC Chair, on Wednesday, 22 
November, Argentina, as MC11 host, had made it clear that  it would ensure that Members agree d 
on a ministerial declaration in Buenos Aires. While the Group  support ed a positive outcome in 
Buenos Aires, it underscore d the importance of maintaining an inclusive and transparent process in 
the development of, nature  and content of  this outcome document at MC11.  
4.12.   The Group emphasize d that it would  not accept an outcome document that was imposed on 
Members on a take it or leave it basis. Irrespective of the form of the outcome document, the 
Group insist ed that it had to reflect – the importance of a rules -based, fair and equitable 
multilateral trading s ystem as enshrined in the Marrakesh Agreement;  the centrality of 
development in the work of the WTO; the need to conclude the remaining elements of the Doha 
Developm ent Agenda  (DDA) ; and , the critical importance of implementing all decisions adopted by 
ministers and the General Council.  
4.13.   The Group took the opportunity  of the present meeting  to introduce its recent submission 
together with  Bolivia, Cuba and Venezuela, o n the Ministerial Conference Process and Outcome 
Document in JOB/GC/158 and JOB/TNC/64.  It expect ed the process to uphold key principles 
preserving predictability, full Member participation, inclusivity, and bottom -up processes with 
consensus -based Member -driven negotiations and decisions; and it thank ed the Chair man for a 
strong reaffirmation of those key principles in his  statement  at the present meeting . 
4.14.   With regard to specific issues under negotiation, the Group maintain ed that there should not 
be any a ttempt to submit for adoption an issue where Members ' positions were diametrically 
opposed. It recall ed the Chair man's statement in September calling for a 'moment of truth ', and  
said that it was about time that proponents of such issu es faced their moment  of truth.  
4.15.   The Group  emphasize d the importance of ensuring that MC11 was predictable, fair and 
transparent. Therefore , only issues likely to enjoy consensus had to be submitted to ministers for 
consideration and adoption. Members  should refrain from turning the conference into a negotiating 
conference particularly with regard to issues which were technical in nature.  
4.16.   On the issue of chairs' reports, the Group  wished to emphasise the importance of reflecting 
accurately consensus, o r where this ha d not been possible, chairs  had to  clearly articulate issues, 
divergences, convergence and a correct assessment of the state of play. The Group had many 
experiences where large g roups such as the African Group were not accorded a fair quanti tative 
reflection in chairs' reports.  
4.17.   Turning to the set of documents to be submitted to ministers , as had been  indicated in its 
submission referred to above, it expect ed that all documents, for ministers ' decision, to have been 
listed, agreed to by consen sus in the last General Council and then submitted to the Ministerial TN/C/M/38  
 
- 11 - 
 
  Conference. The regular session of the WTO Ministerial Conference had to  follow all applicable 
rules and principles of procedure. In addition, all reports to be sent to ministers had to  be factual 
and balanced.  
4.18.   Regarding the substance , the Group had constantly and consistently stated its key priorities 
and interests . He would  therefore  refrain from repeating its position s which were well known by 
the Membership. He would  however touch on one important issue, and that was development . 
4.19.   As Members were  aware, the G -90 had introduced only ten proposals in the CTD  SS. 
Regrettably, these proposals had been  received with stiff resistance by some delegations. The G -
90 had resolve d to bring these issues to the attention of ministers as reflected in the G -90 
proposed Ministerial Decision in document JOB/GC/160 and JOB/TNC/65.  Following this proposal, 
some Members  had agreed to the ministerial discussion in Buenos Aires on this issue  but only in 
broad terms on the nexus between trade and development.  The Group wished to  stress that such 
a discussion should not undermine or replace the need to pursue negotiations on S&D T in Buenos 
Aires and beyond. In this regard, it stated upfront and  unequivocally that the G -90 S&D T proposal 
had to be accorded the same treatment as all other pote ntial deliverables at the MC11.  
4.20.   He said that i n any case, all Members remain ed guided by the mandate of ministers who 
had been constantly explicit on this issue and maintained that S&DT had to  be an integral part of 
all WTO Agreements and future multilateral outcomes, and be operationally effective so as to 
enable developing countries, in particular LDCs, effectively address  their development needs. 
Therefore, in the spirit of good faith and openness, the Group hoped to see positive engagement 
from all Members in Buenos Aires.  
4.21.   With respect to the discussion that some Members were proposing, the Group wished to 
state upfront t hat a discussion on "development " at MC11 should not be limited only to the 
mandate of the CTD SS. Many developed Members ha d raised important concerns about their 
conceptual difficulties with development. The Group therefore, propose d that a hori zontal, h olistic 
discussion on d evelopment t ake place. The terms of reference for such a discussion should not be 
limited to S&D T only, but had to  consider the wider nexus between  trade and development; the 
right to regulate and the interlinkages between regulation s and broader domestic economic 
imperatives; and how existing rules ha d contributed to, or constrained development.  
4.22.   In closing, he reiterate d that the African Group remain ed committed to constructively 
engag ing with all its partners, on issues that ha d a negotiating mandate. However, with regard to 
issues without a mandate, paragraph 34 of the Nairobi Declaration applie d; meaning that: any 
decision to launch negotiations multilaterally on issues without a negotiating mandate would n eed 
to be agreed by a ll Members . 
4.23.   The representative of Guyana , speaking on behalf of the A frican Caribbean and Pacific (ACP)  
Group , express ed condolences to Egypt for the horrific  tragedy which had been visited upon it. 
4.24.   He thank ed the Chairs for their comprehensive work and su bstantive reports  and the 
Chairman for his report.  He said that the previous week ha d been a sobering one fo r the members 
of the ACP Group.  
4.25.   In his written assessment  in JOB/GC/157, that  had followed his oral presentation on 
November 22nd that brought the d rafting of an MC11 declaration in Geneva to a close, the G C 
Chair had urged Members "to reflect very seriously about the consequences …  for the Conference, 
for its outcome document and, more broadly, for its overall results ". He had also referred to the 
host's ind ication that the MC11 Chair would "continue  to work for a Ministerial Declaration " and 
had also urged that  "We should now turn our attention to our work on possible decisions for MC11 
and for the work beyond…and … to reflect carefully on how we pr epare for a smooth and 
successful MC11. " 
4.26.   As had been urged by the GC Chair, the Group had reflected deeply and as Members turned 
their attention to Buenos Aires, the ACP Group wishe d to indicate at least three goals for it that 
had arisen  from these statem ents by the GC Chair that would define a constructive and productive 
MC11, in the current circumstances.  TN/C/M/38  
 
- 12 - 
 
  4.27.    The Group's first goal stem med from the host country 's intention to continue to work for a 
ministerial declaration. The ACP remain ed open to this effo rt but importantly need ed to be 
informed of  the process anticipated. From the outset , it wished to reemphasize and reiterate its 
call for a transparent, inclusive, participatory, Member -driven process. It wished  to be assured that 
this was an important par t of the process planned and it wished  to be informed as soon as possible 
of the structure, format and cond uct which would  characterize th e process of preparing and 
attaining a declaration. In this regard, the Group also insisted  that any green rooms, or o ther 
rooms consultations held, sh ould include the ACP at the table.  Its ministers ha d been apprised of 
the events in Geneva and of these concerns. The Chairman's report had brought much comfort 
with regard to the process in Buenos Aires. The Group had taken note and look ed forward to 
receiving a copy of his statement soon . 
4.28.   The second goal stem med from the call to turn Members' attention to their work on possible 
decisions for MC 11 and the work beyond. H e asked h ow Members could secure outc omes in the 
various areas at MC 11 and post -MC11. With or without a declaration, ministers might  take 
decisions and refle ct them in decision texts as had  been done in past practice. Given that 
deliverables were not apparent on many areas at present  despite the Herculean work of the 
Chairs, in the three areas the Group knew  best, those where it was  proponent - these areas 
include d fisheries, agriculture (domestic s upport) and S&DT, the Group had rolled up its sleeves 
and would  continue to work on necessary texts, inputs an d documents to increase the chances of 
outcomes.  All indications were that there were calls for work to be continued in almost all areas. 
There was a concern that there  should  be symmetrical treatment for all issues – that they be all 
given an equal chance  in front of ministers and they were all advanced through Members'  future 
work programme. This goal was consistent treatment across the interests of all WTO Member s. 
4.29.   The third goal relate d specifically to development. For the ACP, the WTO 's important work 
on trade as a vehicle for development should not be delayed, denied nor undermined. WTO 
agreements and declarations ha d enshrined the cardinal principles of integration of developing 
countries into the multilateral trading system, and S&DT, particularly fo r the least developed. 
MC11 had to  reaffirm the commitment to development, to S&DT in the multilateral trading system 
and to harvesting concrete results in  this area to realize the structural transformation, 
diversification and industrialization of ACP mem ber states, a goal that was in the interest of all 
WTO Members as it would lead to a stronger, larger, more stable and more prosperous global 
trading environment.  
4.30.   On the opportunities for ministerial decisions , the ACP wished to  briefly state that it 
remai ned committed to work ing towards achieving  an outcome on f isheries that result ed in at least 
disciplines on subsidies to IUU fishing, maintaining the paramount right of coastal states to 
determine violations of foreign subsidized vessels in waters under th e jurisdiction of such coastal 
states and S&DT integral to the mandate under the DDA and also found in the sustainable 
development goal ( SDG) 14.6; an outcome on S &DT pursued , based on the submission by the G -
90, including a clear resolve to continue after  Buenos Aires to review S&DT concerns;  an outcome 
on PSH that was not linked to other areas and include d future programmes for its members; and 
an outcome on SSM that was not too burdensome to use and c ould address severe decline i n price 
and surges in imports.  
4.31.   The ACP was hopeful that Members could achieve meaningful outcomes at MC11 – 
outcomes that advance d the interest of the multilateral rules based trading system, outcomes that 
worked for all Members  in a fair and balanced way and strengthen ed the integration of all ACP 
member states into the multilateral trading system.  In this regard, the ACP believe d that in the 
interest of transparency and in recognition of the considerable work already advanced on so many 
files in Geneva, the post-MC11 work programme had to  preserve, as much as possible, the work 
done and provide for a seamless and positive continuation.  The ACP look ed forward to engaging in 
a proactive manner towards these ends.  
4.32.   The representative of Peru thanked the Chairman for his  observation s and comments on the 
activities and consultations that ha d taken place with a view to the upcoming ministerial 
conference in Buenos Aires. He also t hanked the Chairs of negotiating groups for their reports on 
the status of the negotiations and for their v aluable suggestions on how to approach work.  TN/C/M/38  
 
- 13 - 
 
  4.33.   His delegation had listened to the reports carefully . They had confirm ed that there were still 
some divergence s regarding  approaches for dealing with negotiating issues, and the level of 
ambition, as well as a f ew discrepancies concerning the technical aspects of each issue.  
4.34.   The same reports d id, however, reflect the commendable efforts made by delegations to 
achieve consensus and tangible outcomes for the Ministerial Conference in Buenos Aires. His 
delegation  noted that, despite the different positions, there was also a broad base of common 
interests and specific approaches in respect of some issues that were already part of the WTO 
agenda and other issues that could and/or should form part of an updated WTO agen da. 
4.35.   This joint effort made by various groups and individual Members, regardless of their own 
legitimate interests, was testimony to the WTO's importance and validity as the leading forum for 
the negotiation of global trade issues. He therefore believe d it was appropriate to reiterate Peru's 
commitment to continuing these efforts to strengthen and improve the multilateral trading system 
and ensure  a successful ministerial c onference in Buenos Aires, for the sake of the Organization, 
the Members, and free trade to which all  Members  aspire d. 
4.36.   Two weeks away from MC11, his delegation  believe d that the negotiating process was just 
as important as the substance of the issues under discussion. For this reason, Members had to  
focus on using the short amount of ti me available to work in a pragmatic and flexible manner that 
brought them  closer to viable outcomes, but without renouncing the gradual and progressive 
achievement of a high level of ambition in the disciplines that they could agree on as a result of 
the negotiations.  
4.37.   Peru firmly support ed the desire of most delegations, which was to be able to agree on a 
document resulting from the Ministerial Conference. In its view, this document had to  reflect the 
progress made, take a positive view of the process Membe rs had  followed, reflect on and 
acknowledge the merits and validity of th e Organization's long -standing objectives, and specify the 
ministerial mandates for the areas of work on which Members  should focus their efforts after 
Buenos Aires. As the Ministeria l Conference approache d, Peru reiterate d its particular interest in 
achieving concrete outcomes that would result in an agreement on the prohibition of certain 
subsidies that were harmful to fisheries, in accordance with SDGs  14.6 and 14.b. Such an 
agreeme nt would need to include disciplines consistent with the needs of artisanal fisheries.  
4.38.   In this respect, his delegation appreciate d the considerable efforts made by delegations, 
which were reflected in compilation document RD/TN/RL/29. It had listened to th e report of the 
Rules  Chair and note d the efforts made to prepare simplified documents on certain issues. His 
delegation  reiterate d its interest in ensuring that all the elements of compilation document 
RD/TN/RL/29 form ed the basis of any outcome, both at MC11 and in the negotiations held after 
Buenos Aires. In short, the compilation document, into which many delegations ha d put a 
considerable amount of effort and which ha d been repeatedly approved, had to be  kept as the 
basis for the negotiations, without prejudice to progress made in the preparation of similar 
documents of significant methodological value.  
4.39.   His delegation was also of the view that Members  should not stop aspiring to establish 
disciplines that limit trade -distorting domestic support in agric ulture, and that they should  continue 
working to achieve greater market access in this sector. His delegation had also co -sponsored 
proposals that s ought  to ensure progress in resolving the issue of PSH and an outcome in the area 
of domestic regulation in services.  
4.40.   Similarly, Peru, together with other Members, was actively participating in efforts to create 
a framework that w ould enable  MSMEs to benefit from the opportunities presented by the 
multilateral trading system and meet the present challenges pose d by e -commerce. It was  also 
closely following the discussions on investment facilitation for development.  
4.41.   Before concluding his statement, he wished  to draw Members'  attention to an issue that was 
of interest a nd concern to many delegations - the need to proceed with the appointment of 
Appellate Body members. He said that Members s hould not forget the role that this body ha d 
played  since its creation in settling hundreds of trade disputes voluntarily referred to the WTO by 
Members, thereby constituting a f orum that ha d been proven effective in settling Members'  
disagreements over trade.  TN/C/M/38  
 
- 14 - 
 
  4.42.   In view of the uncertainty, Peru, together with many other Members, in particular those of 
Latin America  favour ed a prompt and collective solution that would enable the Appe llate Body 
function  properly and fully. At the same time, his delegation  stood ready to listen to all Members, 
and to the Appellate Body itself, with a view to finding creative ways of breaking this deadlock 
through new efforts at dialogue, and compliance with dispute settlement system rules, while 
showing respect for the positions and concerns of all Members.  
4.43.   His delegation  reiterate d its support for the work approach and vision that the Chairman  
and the MC11  Chair ha d shared with Members in the past few m onths. It believe d that the possible 
outcomes of MC11 had to  be based on the merits of each issue and the progress made thereon, 
and that Members  should not make outcomes in one area subject to other areas or to the 
resolution of issues that were still und er discussion and that w ould require more time to resolve, 
regardless of whether they were of a systemic or technical nature.  
4.44.   In conclusion, his delegation reiterated  its firm commitment to continue working actively, in 
a pragmatic and realistic manner. Th e Ministerial Conference in Buenos Aires was not the end of 
the road, but a very important step in continuing to build, gradually and progressively, multilateral 
rules that were consistent with the current needs and challenges of trade and development.  
4.45.   The representative of Japan , expressed  appreciat ion for the Chairman's  report and reports 
of the Chairs of negotiation groups . Japan support ed the Chairman's  thoughts about the 
organization of work at MC11, including the idea of appointing minister facilit ators.  
4.46.   While intensive discussions still continue d to take place on several important files such as 
fisheries subsidies and some agricultural issues, the outcomes of MC11 were not yet clear. 
Members had to effectively use the remaining time in Geneva, so t hat ministers c ould have 
focused discussions and take necessary actions, either in the form of concrete multilateral 
decisions or post -MC11 work programmes.  
4.47.   Among the subjects ministers were expected to discuss, Japan place d high priority on e -
commerce. He would not  repeat how this matter was important for international trade. The fact 
that eight proposals were currently on the table indicate d a strong interest in this subject among 
both developed and developing country Members. Yet, in vi ew of the lamentab le impasse of 
Members'  discussions since September 2016, Members  needed clear ministerial guidance in order 
to advance  a substantive debate in a more structured way in their work after MC11.  
4.48.   Despite serious challenges that Members  had anticipated and that had been revealed in the 
past few weeks, Members had  the collective responsibility to make MC11 a success. The question 
was about how they define d "success ". 
4.49.   In this connection, Members had to r ecall that the Ministerial Conference provide d a 
valuable opportunity to address a broad range of issues towards further strengthening of the rule -
based multilateral trading system. Such issues would include trade and development, MSMEs, 
investment facilitation, and others which pertain ed to the notio n of "making trade more inclusive ". 
If ministers c ould come together in delivering strong messages to the world on the critical 
importance of these issues, it would be a meaningful contribution to the global economy by the 
WTO and this ministerial conferen ce. 
4.50.   There was potential to produce outcomes and create value at MC11 in various ways, ranging 
from concrete multilateral decisions or work programmes adopted by ministers, to the projection 
of future work through a variety of activities in and out of the c onference venue. If Members could  
look back at MC11 in the future as one of the creative turning points in WTO history, they might  
well be able to call it a success. But in order to make that happen, Members  still ha d a lot to do.  
Japan w ould do its best t o contribute to this end and provide its full cooperation in the final stretch 
to Buenos Aires, in close collaboration with the MC11 Chair, the Chairman , and the whole 
Membership . 
4.51.   The representative of Egypt  thank ed all delegations  that had expressed sympa thy and kind 
feeling concerning the terrorist attack s in his country . It had showed  once again the importance of 
mobilizing all the efforts exerted by the international community to eradicate the threat of 
terrorism which kn ew no borders or religion.  TN/C/M/38  
 
- 15 - 
 
  4.52.   He th anked the Chairman and the Chairs of the negotiating groups for the ir reports, updates  
and assessment s regarding the state of play and appreciate d their efforts in conducting 
consultation in different formats.  He associated his delegation with the statement by Rwanda on 
behalf of the African Group.  
4.53.   As Members were  approaching MC11 , his delegation was  concerned by the fact that little 
progress ha d been achieved in various negotiating tracks. It ha d been its expectation from the 
beginning that the upc oming conference could have been a renewed opportunity for all Member s 
to uphold  their support to the multilateral trading system and the focal role the WTO played there -
in against other tendencies that aim ed at casting doubts on its efficiency and its rel evance in  the 
first place.  
4.54.   Amidst the successive and significant developments that the international trading system 
was witnessing it was of paramount importance that the entire Membership endeavour ed to ensure 
that th e trading system retained  its nature w hich Members had  collectively created , namely , being 
intact, rule -based fair and equitable . His delegation believe d that the advantages of th e 
multilateral trading system by far outweigh ed those of plurilateral and regional arrangements.  
4.55.   Furthermore , his d elegation m aintain ed the conviction that enhancing a fairer and more 
equitable multilateral trading system would  not be fully achieved without securing the interest of 
developing  countries  and LDCs through enhancing S&DT granted to them in various WTO 
agreements.  In the same vein , his delegation  affirm ed the paramount importance of concluding 
the D DA before engaging in negotiations in other issues that were coming to the front.  
4.56.   Agriculture was still the centre piece of the DDA and a key development issue in the 
negotiations. While his delegation  shared with the Membership that meaningful outcome s in 
domestic support including cotton was one of its priorities in the MC11 outcomes, it remain ed 
concerned with the wide divergenc es and views amongst  Members.  
4.57.   Reaching a permanent solution for PSH remain ed Egypt's priority in Buenos Aires which it 
believe d would be an  important credibility test to th e WTO's  current and future work.  
4.58.   His d elegation was of the opinion that S&DT was an integral part of fisheries negotiations 
not only as per SDG 14.6 but also as per the Doha mandate and taking into consideration the 
reaffirmation of Hong Kong Ministerial meeting in 2005. It believe d that it was necessary to ensure 
flexibility in implement ing any outcome on fisheries' issues. It also underline d the important tool , 
technical assistance extended to developing  countries  and LDCs, played in this regard.  
4.59.   On domestic regulation , his delegation was of the view  that any approach of discipline s 
adopted had to g ive paramount importance and affirmation to amongst other things the right to 
regulate and the interlinkage between regulation and broader domestic economic and development 
objectives. Therefore , preserving the necessary policy space ha d been the guiding principle in  its 
negotiation s for its long term development imperatives.  
4.60.   While his delegation was  concerned with substance of the current status of negotiations, it 
was equally concerned with the process in Buenos Aires which was directly l inked to the substance 
and to what minister should be dealing with in Buenos Aires . His delegation w ished to reiterate 
valuable principles guiding the process that Members were  currently carrying out namely 
inclusiveness and transparency as the Chairman ha d indicated in his statement . His delegation  
agree d with the format the Chairman was  proposing for organising work in Buenos Aires.  
4.61.   Speaking on behalf of a group of  Net Food Importing Developing C ountries  (NFIDCs) namely 
Botswana , Jordan , Honduras , Sri Lanka , Pakistan , Morocco  and Venezuela, he said that Egypt and 
the co -sponsors of this statement had been continuously raising the concern that  the benefits of 
agriculture trade liberalization and reform w ould have negative effects on their countries and their 
capacity to face challenges related to food security. After more than two decades of trade 
liberalization their countries remain ed the most affected in terms of food security. Therefore , they 
strongly believe d that availing adequate policy space which  could help their countries increase  
domestic production and respond to chronic food security problem was their priority in  the 
agriculture negotiations more than ever. Th roughout the negotiations many m embers of the 
NFIDCs  Group had reiterated their conce rns and stressed that their countries should be exempted TN/C/M/38  
 
- 16 - 
 
  from scheduling overall trade distorting support ( OTDS ) where they had  reduction commitments 
given that the  majority of their members ha d limited policy space to only provide de-minim is and 
the incre asing inflation rate was continuously ero ding that  space.  
4.62.   Having said so, Egypt and the co -sponsors remain ed of the view that NFIDCs  shoul d be 
accorded specific measures – flexibilities within agriculture negotiations  – in order to tackle the ir 
food security concerns.  They remain ed ready to engage constructively in any discussion and 
negotiations and look ed forward for a successful ministerial meeting in Buenos Aires.  
4.63.   The representative of the Plurinational State of Bolivia  thank ed the Chairman for his report  
on the state of play and said that his delegation had taken note of the process that the Chairman 
had proposed for Buenos Aires. His delegation had no comments to make on the proposal at the 
present time. However, given that it had  encounter ed surprises in one way or another, it expect ed 
that the Ministerial Conference would be  anything but "smooth and quiet". It hoped that the 
Chairman's proposal w ould be circulated in the three official languages as soon as possible so that 
delegations coul d consult with their capitals and prepare their ministers for the hard work to come. 
His delegation posed a couple of initial questions  including  – what the criteria  would be  for 
appointing the facilitators ; and, what would  be the role of the negotiating g roup Chairs. 
4.64.   His delegation  support ed the statement by Rwanda, which, on behalf of the African Group, 
had introduced document JOB/TNC/64 and JOB/GC/158 on the Ministerial Conference process. The 
document include d issues that were highly important for most developing countries, with a view to 
incorporating their concerns and needs into this process. His delegation wished to contribute  a few 
ideas for the Ministerial Conference.  
4.65.   Bolivia supported the adoption of a ministerial declaration and was closely following the 
drafting process. Although the first drafts had not met expectations, it could live with that. At th e 
present  juncture, however, there ha d been no progress on account of a variety of factors. On the 
other hand, it was important to recall what had been  said by  Minister  Susana Malcorra and the 
Chairman , namely that MC11 was not the end of the road and there was life after Buenos Aires. 
Some past ministerial conferences, in 2011 and previous years  had not had result s in the form of 
declarations and it had not been the end of the world. Whatever outcome document that might  
emerge from MC11 had to  contain some basic elements, such as how to continue to build a fair 
and balanced multilateral system, the centrality of development , S&DT, and the conclusion of the 
remaining elements of the DDA, all of which were crucial to the multilateral trading system.  
4.66.   In terms of substance, Bolivia believe d that it was important to achieve outcomes in 
agriculture at MC11. For over 20 years, it had been waiting for reform to bring about more 
balanced agricultural trade, free of the distortions caused by subsidies. If Memb ers succeeded in 
eliminating this type of distortion, there would be no need for additional market access 
commitments, and a sub sidy-free market could generate opportunities for all. The world would 
genuinely benefit if agreements could be reached in order to reduce domestic support, using a 
development approach in line with the Doha mandate, under which Members without aggregate 
measure of support ( AMS) would not have to undertake reduction commitments. Most of the 
proposals on the table ha d failed to meet the development goal by putting everyone in the same 
basket, including those that distort ed trade with domestic support and tho se that ha d no impact in 
this res pect, such as small vulnerable economies  (SVEs) . 
4.67.   His delegation also saw a chance of reaching agreement on a permanent solution on PSH 
that encompasse d existing and new programmes, on the basis of the G -33 proposal, in order to 
fulfil the mandate of the Nairobi Ministerial Conference. Hard work ha d been done on this issue, 
and from the present  on, progress w ould depend on the flexibility of opposing Members. Bolivia 
also ha d an interest in the price - and volume -based SSM for developing countries, which was 
becoming an increasingly important policy tool given that subsidies continue d to cause distortions. 
As to export restrictions, his delegation wished  to clarify that no one was against the provisions on 
humanitarian aid programmes, but the proposals by Singapore, Switzerland, Korea and others d id 
not deal with humanitarian aid alone. If paragraph 8 of Singapore's proposal on humanitarian 
programm es were to be put forward as a ministerial d ecision, Bolivia would be in a po sition to 
support it. However, its concerns l ay elsewhere and relate d in particular to the proposed 
timeframes. Food security was a two -way street, and Article 12 of the Agreement on Agriculture  
(AoA)  had therefore  been carefully worded to ensure that the rights of some Members did not 
affect the rights of others. His delegation  consider ed that the proposals by Singapore and TN/C/M/38  
 
- 17 - 
 
  Switzerland need ed more work in this regard, and it did not believe that this could be the only 
outcome in agriculture achieved at MC1 1. 
4.68.   His delegation was  also hoping for an outcome on cotton, which the international 
community ha d waited  for several years. Regarding development, his delegation s till ha d high 
hopes that the G -90 proposals would  be successful. It was  counting on the flexi bility of the 
developed countries in order to reach a positive outcome on this topic in Buenos Aires. Bolivia d id 
not have much to say on fisheries since it was a landlocked developing country. Nevertheless, it 
hoped  that agreement m ight be reached on this  issue given its overall importance. A lot of work 
had also been conducted on services, but no consensus ha d been reached on a possible text on 
domestic regulation. In this connection, his delegation was  disappointed that some Members 
intend ed to submit texts to m inisters in the absence of a consensus, and hope d that this d id not 
lead to any unpleasant surprises in Buenos  Aires. Although a number of proposals ha d been made 
in the different areas of  work programmes, he said that Members should a void engaging in 
detailed negotiations on work programmes since they were  short of time. To that end, Bolivia 
consider ed that Members  should be guided by paragraph 31 of the Nairobi Ministerial Declaration, 
which state d as follows: "Nevertheless, there rem ains a strong commitment of all Members to 
advance negotiations on the remaining Doha issues. This includes advancing work in all three 
pillars of agriculture, namely domestic support, market access and export competition, as well as 
non-agriculture market  access, services, development, TRIPS and rules."  He noted that t his 
suggestion had been  made by the delegation of Switzerland the previous day  at the informal 
meeting of the CoA  SS, and his delegation believed  that it was an option that c ould be further 
explored.  
4.69.   His delegation  also t ook the opportunity  of the present meeting  to express its concern about 
the situation of the Appellate Body and hope d that Members w ould show flexibility in order to 
resolve this problem.  
4.70.   As regards new issues, Bolivia believe d that Members  should follow paragraph 34 of the 
Nairobi Ministerial Declaration and proposals which d id not enjoy the consensus of the entire 
Membership should not be brought to Buenos Aires. One example was the issue of MSMEs . 
Whereas several Members ha d shown much enthusiasm about this topic, it was a matter of 
concern for Bolivia. If Members did  not include questions relating to the definition of MSMEs, they 
would find themselves treating different firms in the same way, which d id not seem to his 
delega tion to be appropriate. With the help of the ITC and UNCTAD, the WTO ha d a number of 
initiatives to support MSMEs. His delegation therefore consider ed a ministerial decision on the 
matter to be unnecessary. The viewpoint of some Members that this issue could be better 
addressed through specific proposals in the different WTO bodies could be explored in greater 
detail to identify concrete ways of helping MSMEs and to avoid an open -ended mandate that ha d 
not been discussed sufficiently.  
4.71.   As regards the Work  Programme on e -commerce, Bolivia support ed the proposals of the 
African Group and India as the basis of an outcome and believe d that efforts in this area should 
have a strong development component. Concerning investment facilitation, Bolivia had  doubts 
about the topic's relevance at the WTO;  given that there was a ministerial decision stating that 
investment facilitation should not be dealt with by the Organization.  
4.72.   He wished to say a few words about the Ministerial Conference process. The whole world 
would be watching the WTO and many civil society representatives w ould be in Buenos Aires, not 
only enjoying the beautiful city, but also observing the WTO's work. Bolivia was a co-sponsor of 
document JOB/TNC/64  and JOB/GC/158 on the Ministerial Conference pro cess because it believe d 
that special consideration should be given to this matter at the event. In its view, the 
decision -making process had to be inclusive, transparent, democratic,  and based on a bottom -up 
approach.  
4.73.   The GC Chair had to be responsible for transmitting the texts agreed by consensus at the 
last General Council meeting in Geneva to the Ministerial Conference. All of the documents agreed 
by consensus w ould have to be listed and sent to the Ministerial Conference, where all principles 
and ru les of procedure had be applied and observed. His delegation  viewed such considerations as 
crucial for preserving the Organization's credibility in the eyes of the world. There were many more 
critical points in the joint communication by the African Group which deserve d the attention  of 
Members  and which he would  not reiterate.  TN/C/M/38  
 
- 18 - 
 
  4.74.   The representative of South Africa  thank ed the Chairman and  the Chairs of the negotiating 
groups for their  reports . Her delegation  recognize d all the determined efforts to advance the work 
of Members . At the outset she associate d her delegation with the statements by Rwanda on behalf 
of the African Group a nd Guyana on behalf of the ACP.  
4.75.   The Chairs'  reports  had reconfirm ed what ha d been clear for many months. Members ' 
divergent posit ions on issues ha d not been bridged and the chances for any outcome on any issue 
at MC11 were bleak - if at all. Impediments to progress were rooted in Members'  differing views on 
mandates and the lack of agreement on which issues to pursue, and how. Where  Members had  
engaged, divergent negotiating positions ha d been evident.  
4.76.   The discussions on fishery subsidies  had been markedly different in that Members ha d 
continued to eng age constructively. But, at the present  stage, the range of policy, technical and 
legal issues that still need ed to be resolved suggest ed that even a partial outcome at MC11 w ould 
not be easily attained.  
4.77.   A combination of wide differences and linkages in agriculture told her delegation  that 
outcomes in this area  were out of reach. She drew attention to the fact that South Africa w ould not 
agree to an outcome on export restrictions which  it viewed  as an attempt to begin to close off 
important space for legitimate, WTO -consistent policy. It trusted that its position would be 
reflected in the  final r eport to ministers.  
4.78.   Diverge nces in services and in d evelopment also remain ed intractable.  There was no 
consensus on non -DDA issues such as e -commerce, MSMEs or investment facilitation. While e -
commerce discussions t ook place through the Work Progra mme under the regular work of the 
General Council, her delegation had  irreconcilable differences on whether the latter two issues 
should even be taken up in any WTO structure.  
4.79.   By leaving the 'moment of truth ' to the conference itself , Members had lost the chance to 
construct a more manageable agenda on the few issues that m ight have had some minimal 
prospect for outcomes. It also mean t that ministers w ould have to contend with around 29 draft 
ministerial decisions, contained in J OB documents that cover ed more than 20 topics. They had to 
do this in the space of only three days. The inconclusive discussions delegations had had in 
Geneva on each of these were likely to be replicated  at MC11 – also inconclusively.  
4.80.   In addition, there was the open question of a po ssible ministerial declaration. Managing all 
this in a process that had to be fully transparent and inclusive w ould be an enormous challenge.  
4.81.   One issue coming to the fore was how Members  address ed the future work program post -
MC11. Members  needed to consid er carefully whether ministers w ould be required to pronounce on 
separate  decisions to carry work forward in all the areas or whether that  would be accomplished 
by a d ecision akin to the Nairobi Ministerial Declaration paragraph 31 – a "catch all " approach. 
Members  also need ed to consider whether this would  be done through a possible declaration or an 
agreed s tatement. Alternatively, Members  could agree to be silent on all these matters.  
4.82.   The key point, however, was that symmetrical treatment  would be needed  for all the 
remaining Doha issues – either silence on all iss ues or a catch all phrase that was  applied to all. 
This would be ess ential for a smooth conference.  
4.83.   She conclude d by reminding Members  of the commitment they had taken to place the need s 
and interests of developing countries at the heart of the Work Program me. This remain ed 
Members'  guiding principle.  
4.84.   The representative of the United States  thanked the Chairman for his summary, and  the 
various negotiating group C hairs for t heir thorough reports. His delegation  thank ed them equally 
for the efforts each of them ha d been devoting to Members'  negotiating work over the course of 
recent months.  He would offer a few general comments on the more prominent areas of 
negotiating activity  that had been reflected in tho se reports, and around which there ha d been 
discussion of potential negotiated outcomes at the forthcoming ministerial conference.  TN/C/M/38  
 
- 19 - 
 
  4.85.   First, regarding fisheries subsidies, which had  been, appropriately, the focal point of work i n 
the N GR. The NGR Chair was to be commended for his diligent efforts to shape a productive 
negotiation on the basis of the tabled proposals on this issue which was of such clear importance 
to most of the Membership, including to his delegation.  
4.86.   Like other  delegations, his delegation had  appreciated the positive energy and spirit in the 
negotiations on this issue.  Proponents ha d worked hard, many capitals ha d been very directly 
engaged, and the sense of common dedication ha d been something of an inspiration , particularly 
in the present  troubled state of the broader negotiating agenda in the WTO.  
4.87.   Nevertheless, his delegation  had observed that divergences were not being narrowed, and 
vital technical questions remain ed extremely thorny and unresolved.  
4.88.   The Unite d States caution ed strongly against a rush to agree to provisions or political 
statements without meaningful ambition.  Members had to guard against the risk – a substantial 
one in its view – that th is was where the story would end.  
4.89.   As the present week's negotiations continue d, and as Members  prepare d for some nature of 
discussion on this issue in Buenos Aires, his delegation 's priority w ould be on creating the best 
possible conditions for achieving high -ambition outcomes, even if that require d some more tim e 
beyond MC11.  
4.90.   Turning to agriculture – here again  – Members had all benefited from the work of a 
motivated Chair and some solid technical work by a number of delegations.  But, despite the 
presentation of numerous proposals across the scope of issues, the fact remain ed that discussions 
had remained static on the most fundamental questions and issues.  The U.S. delegation had  been 
repetitive, probably to the point of annoyance, in insisting that progress on domestic support 
would not be possible until a much clearer base of information appear ed on the basis of updated 
notifications, until all major subsidizers clearly demonstrate d a willingness to contribute to 
outcomes, including on market access to find a balance across all pill ars in agriculture.  
4.91.   But if his delegation had been repetitive, so ha d most other participants in the CoA SS. This 
was precisely the problem that ha d made the prospect of negotiated outcomes for MC11 appear to 
be nil.  Here again, Members had to  ensure that they approach ed MC11 in a way that d id not 
damage their ability to analyse  and discuss these important issues in the future.  
4.92.   In the area of S&DT, Members  clearly were in a situation that was frustrating for everyone 
involved, albeit for very different reas ons. In his delegation's  view, this mean t that Members  
needed to step back from specific proposals that – now over the course of multiple ministerial 
conferences – had failed to gain consensus.  In this regard, his delegation  agree d with previous 
speakers t hat issues on which positions were diametrically opposed should not be brought to 
ministers for negotiation.  Instead, Members  should begin to engage in a deeper analysis of why 
this area continue d to present such difficulties, and to consider whether they could  turn things in a 
more positive direction that focuse d on the best means to fully integrate developing countries into 
international trade so that they c ould reap the benefits of the WTO system. His delegation was  
open to a discussion in Buenos Aires that c ould be a first step in such a process.  
4.93.   Briefly, the discussions in the NGMA  in the  year ha d confirmed, for his delegation , the 
profound difficulty of pursuing any issues in that group disconnected from any discu ssion of 
market liberalizat ion through tariff reductions. And while his delegation  appreciate d the hard work 
that ha d gone into Members'  services work on domestic regulation, both in the Special Session and 
in the related Working Party, prospects for short -term deliverables ha d clearly been impeded by a 
combination of linkages, misunderstandings, and genuine substantive divergences.  
4.94.   His delegation w ished to provid e additional views on other substantive issues, and more 
generally on the outlook for MC11 . 
4.95.   While his delegation  continue d to view substantive negotiated outcomes as unlikely, MC11 
could still provide an opportunity to confirm areas where Members had a shared intention of 
continuing to work.  Even if Members were  far from negotiated outcomes, good wo rk ha d been 
done by Members on a range of issues, and Members  should ensure that they could continue TN/C/M/38  
 
- 20 - 
 
  working in positive directions on issues of importance.  At the same time, Members  ought to be 
prudent in avoiding any overly ambitious negotiation of futur e work plans – this could, in his 
delegation's  view, lead Members  directly back to many of the substantive divergences that they 
were currently having great difficulty overcoming.  
4.96.   His delegation  would apply the same caution to issues such as MSME 's, which it had  noted 
previously was an issue of great interest to the United States, but one which it found  better placed 
in the  existing standing committees.  
4.97.   With regard to e -commerce, the status of Members' discussions was perplexing. The world 
might find it strange that the WTO was, in 2017, apparently unable to arrive at an approach for 
addressing an issue of such clear commercial  and developmental importance. While his delegation 
was open to seeing what m ight yet be accomplished in the following days, it seem ed that this 
might be an area where those Members with forward -leaning interests w ould need to regroup the 
following  year to explore ways to set the discussion on a more productive path.  
4.98.   Further, as his delegation had  advocated for some time, it advise d that a Ministerial that 
began to take stock of the institutional challenges that were preventing the bridging of gaps in the 
existing negotiations would be a sensible and probably more produ ctive use of this gathering of 
ministers.  His delegation had articulated on numerous occasions what it saw  as some of the 
underlying reasons as to why robust outcomes, or even any outcomes, c ould not be achieved in 
the WTO at the present  time. This include d a lack of transparency given delinquent or insufficient  
notifications, whereby it was impossible to negotiate new rules when the current playing field was 
unknown.  
4.99.   The United States had recently put forward a proposal regarding notifications and 
transparency, submitted as JOB/GC/148 and JOB/CTG/10 and discusse d in the most recent 
meeting of the Council on Trade in Goods  (CTG) . It appreciated the generally constructive debate 
held on the proposal in the CTG.  The comments – both positive and critical – had been  offered in a 
good spirit, and ha d been valuable to his delegation's  further consideration of the proposal.  His 
delegation was  continuing to reflect on this issue of notifications, evaluating the comments it had  
heard, and w ould be reflecting on possible adjustments to its proposal in some respects.  
4.100.   He clari fied that it was not his delegation's  intention or expectation for there to be detailed 
discussion of this proposal in Buenos Aires, and it recognize d the need for additional time to fully 
consider the proposal 's elements.  His delegation  did, nonetheless, hope that ministers w ould be 
open to discussing this issue informally in their various engagements in Buenos Aires.  
4.101.   But there were other institutional challenges that were preventing neg otiated outcomes.  
This included  the unpredictability of how development was addressed in the WTO, whether that be 
in the form of quite advanced countries still claiming a broad need for S&D T or some countries 
seeking new carve outs for special groupings of developing countries.  
4.102.   It was very difficult to envision outcomes on any issue under negotiation when some 
Members demand ed that S&D T be discussed first and foremost, before even the baseline of 
potential rules were discussed.  
4.103.   But this also fed into a larger unsettled debate on the issu e of trade and development.  
There ha d been much discussion of this at the present meeting , with assertions that the presence 
of development within the WTO was being denied.  But the debate was not about whether there 
was a place for development in the WTO – this was uncontested.  The debate, rather, reflect ed 
profound differences in the way Members thought  about development in the context of an 
organization that was fundamentally focused on trade rules and frameworks governing market 
access.  This manifest ed itself in fundamental divergences on both the fate of the DDA, as well as 
the issue of whether integration into international trade was a benefit.  His delegation  firmly 
believe d that the only means by which developing countries c ould reap the benefits of th e WTO 
were to fully participate in the system.  But other Members ha d made clear that they s aw benefits 
mainly in the f orm of freedom from WTO rules.  TN/C/M/38  
 
- 21 - 
 
  4.104.   As difficult as these divergences w ould be to bridge, his delegation believe d that they could 
benefit from a discussion among m inisters if Members were  to set things on  a better path for the 
future.  
4.105.   As part of the conversation on setting things on a better path for the future, his delegation  
remain ed focused on revitalizing the functioning of the standing bodie s to ensure they were 
focused on issues that matter ed to traders today.  While it was  disappointed that a few delegation 
chose to block the broadly supported proposed ministerial decision on pesticide maximum residue 
levels ( MRLs), it believe d its collabora tion with Kenya and Uganda in the SPS Committee was a 
solid example of work in a committee to resolve real trade problems faced by their farmers around 
the world.  In its view, this sort of work had to continue.  
4.106.   In conclusion, the United States urge d Member s to approach the following  days 
pragmatically, and with an awareness of the "long game " being as valuable, or more valuable, 
than an understandable but perhaps unrealistic focus on short -term outcomes.  
4.107.   The representative of Zimbabwe  thanked the Chairman a nd Chairs of negotiating  bodies 
for their reports. She associated her  delegation with the statements by Rwanda on behalf of the 
Africa Group, Guyana on behalf of the ACP Group, Indonesia on behalf of G -33 and Mali on behalf 
of the C-4. 
4.108.   Members had come to the last days before the Ministerial Conference and they had  not 
reached any consensus on any of the elements of negotiations. Even issues on process regarding 
the conference were not yet clear . She wished to express her delegation's  views regardin g some 
aspects of Members  work. 
4.109.   Regarding the outcome document for MC11, her delegation wished to have one that put 
emphasis on the WTO as a rules -based, fair and equitable multilateral trading system which uphe ld 
the principles of transparency, inclusiven ess, bottom -up and a Member -driven process. The 
outcome document had to reaffirm the centrality of development and the S &DT principle of the 
DDA. Based on this, the document had also to state continuation of work on the remaining DDA 
issues and the importa nce of implementing previous ministerial conference decisions.  
4.110.   Regarding the process at MC11 , her delegation wished t o highlight that the WTO principles 
of transparency, inclusiveness , bottom -up and Member -driven approach had to be a pplied in all 
processes , for the benefit of all Members. Where work was to be carried out in a small group 
format at MC11, Members need ed to be fully represented geographically and report back meetings 
were necessary. The final decisions in this case  had to  be made by the full Membership. Her 
delegation support ed the recent submiss ion by the Africa n Group on process issues  in 
JOB/GC/158.  
4.111.   Development was  a priority issue for her delegation. However, it was  concerned and 
frustrated that despite the  effort s by the G -90 to justify th e need for strengthening and making 
effective and operational S &DT provisions as well as addressing the non-proponents ' concerns, 
some Members were still entrenched in their original positions and Members  could not therefore 
reach consensus on the matter. Her delegation  support ed the G-90's resolution  that proposals in 
JOB/GC/160 should be presented to ministers at MC11 as this element represent ed development, 
one of the core principles of the WTO. This was an element that w ould promote industrialisation, 
diversification, structural transformation and integration of developing countries and LDCs into the 
multilateral trading system. Her delegation wished to highlight that any discussion on the 
relationship between trade and development at MC11 should not und ermine work on the S &DT 
proposal s at the conference.  
4.112.   A permanent s olution on PSH was a priority for her delegation and it expect ed at MC11, to 
have an effective and accessible solution for new and existing programs for all developing 
countries ' foodstuffs. The permanent solution had to have  a legal structure, should not be linked to 
any other element of the negotiations, not be too burdensome or too onerous and should  not have 
any conditionality to invoke it. It had to be based on the G -33 propo sal. TN/C/M/38  
 
- 22 - 
 
  4.113.   On domestic support, her delegation  expect ed the work at MC11 to come up with an 
outcome, specifically, elimination of AMS support including that for cotton, as the first stage of 
correcting the imbalance in the A oA. 
4.114.   Regarding new issues, her delegati on was not in support of any negotiations on MSME s, 
investment facilitation and e-commerce as there were no mandates on these . In the case of e-
commerce it was premature to have rules because of the digital divide. Investment facilitation was 
a Singapore i ssue which, in line with paragraph 1 g of the 2004 July Package should not be 
discussed before the DDA was concluded.  Priority had to be  given to bridging the digital divide  and 
the remaining issues of the DDA.  
4.115.   Work on the e -commerce Work P rogram me should continue under its current structure and 
mandate of 1998 and which in  her delegation's  opinion was broad and comprehensive and 
discussions on elements under this ha d not been exhausted.  
4.116.   The representative of Indonesia  associate d her delegation with the statement delivered by 
the Philippines on behalf of the Association of Southeast Asian Nations ( ASEAN ). Her d elegation 
thanked the Chairman and Chairs of negotiating bodies for their reports. It appreciate d the tireless 
efforts and leadership demonstr ated by th e Chairs in navigating Members up to this point. The 
same note also went to the facilitators of elements for the Ministerial Declaration although  
Members had  not been able to achieve the desired outcome.  
4.117.   Indonesia support ed the Chairman's approac h in managing the work of Members  in Buenos 
Aires, so as to ensure the principles of inclusivity, openness, transparency and  a bottom -up 
process.  
4.118.   Her delegation welcome d engagement from Members in discussing various remaining DDA 
issues , such as in the neg otiations on  agriculture, fisheries subsidies as well as S&DT. It also  took 
note of some initiatives from different Members to discuss some new issues other than the 
remaining Doha issues.  
4.119.   On agriculture issues, as the G -33 coordinator, Indonesia wishe d to reiterate that the 
establishment of a permanent solution on PSH for all developing Members and accessible, simple 
and effective SSM remain ed priority for the Group . This was also supported by som e developing 
countries and LDCs.  She said that these shou ld be part of any Buenos Aires outcomes.  In this 
respect, Indonesia  urged Members to engage constructively and in good faith to make use of the 
remaining time before Buenos Aires to deliver these priorities. Any efforts that link ed PSH and SSM 
with other n egotiation issues were not acceptable. Indonesia  stood ready to be constructively 
engaged in any process of discussion that the Chairman might  deem necessary to deliver concrete 
and cre dible outcomes in Buenos Aires.  
4.120.   On domestic support, her delegation's v iew was that reducing developing country 's 
flexibility by requesting them to constraint their de-minimis  and at the same time not addressing 
in a sufficient manner AMS entitlements, blue box and green box, would not be a realistic 
approach to address domes tic support . Such approach would  perpetuate or even exacerbate 
current structural imbalance in herited from the Uruguay Round.  
4.121.   On fisheries s ubsidies , her delegation believe d that the next ministerial conference should 
be able to deliver a concrete outcome in the form of  a ministerial decision which was progressive 
in nature , supporting the current negotiation. As a part of incremental pro gress, her delegation 
saw the benefits of maintaining Members ' current achievement s taking into account the present  
week's discussion. It also saw the need of giving a clear mandate for this issue post -Buenos Aires 
as part of Members' commitment to completing  the negotiation s. 
4.122.   On the issue of trade and development, Indonesia saw the centrality of development in all 
horizonta l discussion s within the WTO. The preamble  of the WTO Agreement state d that " relations 
in the field of trade and economic endeavo ur should be conducted with a view to raising standards 
of living, ensuring full employment and a large and steadily growing vo lume of re al income and 
effective demand."  It said that " there is need for positive efforts designed to ensure that 
developing countries, and especially the least developed among them, secure a share in the 
growth in international trade commensurate with t he needs  of their economic development."  The TN/C/M/38  
 
- 23 - 
 
  WTO ha d a concrete obligation to continue pursuing those objectives and her delegation  believed 
that the WTO  was capable of transforming itself into an effective and efficient organization which  
delivered  its objectives and vigorously served  the needs of its Members.  
4.123.   On intellectual p roperty, her delegation  believe d there was a need in continuing 
discussion s on how the current WTO system would be able to respond and adapt to developments 
in other for a. As a member of the W52 Group , her delegation  underline d the importance of 
advancing the discussion  on TRIPS and the Convention on Biological Diversity ( CBD) and 
geographical i ndication s (GIs). In relation to the entry into force of the Protocol amending TRIPS 
Agreement early in the  year, she said that practical and effective guidelines on how to support 
implementation of the changes might have to  be pursued so as to pr ovide access to those in need.  
4.124.   As some other M embers ha d indicated, th e WTO was at a cro ssroad, in the middle of a 
busy intersection which could  be seen from the reports of various Chairs. Indonesia wished to 
emphasize  that it support ed the strengthening of the multilateral trading system which c ould 
correspond to present  challenges while ens uring fulfil ment of the needs of all Members including 
developing countries and the least developed among them.  
4.125.   Lastly, Indonesia extend ed its sympathies to the people of Egypt over the previous  week's 
bombing which  had claimed hundreds of lives and shatte red so many families. It also wished to 
send its prayers and thoughts for the on -going effort in  the South Atlantic to find the Argentinian 
Submarine – San Juan. It hoped the s hip could be quickly located and the 44 crew  members  
reunited with their familie s. 
4.126.   The representative of China  thank ed the Chairman and negotiating group Chairs for their 
comprehensive reports and valuable assessment s. Time was pressing. The present TNC/HoDs  
meeting s would  be the last one s before MC11. China was grateful for the declaration drafting 
process. Nevertheless it was  the reality of existing divergence s. His delegation  strongly call ed upon 
Members not to give up and work even harder to reach some tangible outcomes at MC11 
preserving the core value s and the basic principles of the multilateral trading system.  
4.127.   China believed  that Buenos Aires had to be the occasion for ministers to provide their 
political guidance to have technical negotiations rather than ministers negotiating the technical 
details themse lves. By saying political guidance , two sides had to  be included . Ministers were 
going to secure  the existing mandates and maximize consensus that delegations built  in Geneva . 
They were also going to guide Members  on outstanding issues for the future direc tion. 
4.128.   China therefore suggest ed that Members  take a pragmatic approach in days to come, build 
a good basis for ministers as much as possible and avoid opening or even expa nding the 
dangerous box of controversial and the red line issues. Only in such a way could Members  
demonstrate to the world that the WTO  was still running operationally and responsibly.  
4.129.   He wished to share some of his delegation's  observations on specific issues. Regarding the 
longstanding issues on trade and development , China strongly believe d in the centrality of 
development in th e organization. While recognizing the divergent views amongst Members  and 
how to achieve the development goals , Members did have a common objective to resolve the issue 
of rules deficit and the  development deficit.  Any outcome at MC11 had to be able to reflect this . 
4.130.   Regarding tra de in services, China recognized  the importance of improved r ules on 
domestic r egulation,  pursuant to the mandate of GATS  Article VI.4 which could contribute to the 
facilitation of trade in services globall y. China supported  the efforts by the proponents on this issue 
including the idea of advancing the domestic regulation negotiation on the basis of the progress 
Members had achieved in the past two years , to deliver a mu ltilateral outcome in the near future 
after MC11.  
4.131.   Regarding TRIPS, China suggested  that the three TRIPS issues namely GI registry, GI 
extension and the TRIPS -CBD disclosure should be moved forward in parallel in Members'  future 
work.  
4.132.   On trade remedies, China called for continued negotiation s that aim ed at clarifying and 
improving trade remedies rules after MC11, including negotiation on enhancing transparency and TN/C/M/38  
 
- 24 - 
 
  strengthening due process and special consideration  and treatment for small and medium 
enterpri ses (SMEs ) in antidumping and countervailing proceedings.  
4.133.   Further , he wished to highlight one thing on investment facilitation . He commend ed the 
achievement made so far in the year in the informal discussio ns particularly the successful High 
Level F orum held in Abuja in early November . The day before , China and other Friends of 
Investment Facilitation for Development ( FIFD) members had shared a draft ministerial decision 
on investment facilitation for development with all delegations for their inform ation and 
consideration. In doing so , they were  following the practice of other WTO Members and groups 
who were also circulating drafts of decisions  in the interest of transparency and the inclusiveness 
as Members  approach ed MC11. This draft decision was a product of exploratory discussions in the 
Informal D ialogue that he had  mentioned . It also reflected  extensive subsequent consultations 
with a wide array of Members to develop and draft the text.  The Group  planned to circulate this 
paper for consideration  of ministers at MC11, where they hoped that others w ould be persuaded of 
the value of th e initiative and w ould agree to discuss and endorse it. The Group  believe d that 
developing a multilateral approach to facilitate investment would be good for the globa l economy, 
development and the WTO  – and they were  actively encouraging other Members to join them in 
MC11 and beyond.  
4.134.   But he also wished to  assure delegations  that while they were  seeking the support of all 
Members, and were aiming for an open, inclusive and non -discriminatory multilateral solution , 
they did not wish to pressure anyone into joining them; neither did they want to impose their 
views on Members. They only asked that Members  kept an open mind about what they were  
proposing and that Members  remember ed that their initiative remain ed open and welcoming to 
any and all participants.  
4.135.   He announced that o n December 10, China would  host a breakfast meeting on investment 
facilitation for development in Buenos Aires. Participating ministers would  subscribe to a statement 
on future discussions. He welcome d interested Members to join them in the breakfast  and asked 
delegations to approach him or his  colleagues for more information about this meeting, and 
encourage d all ministers to share ideas on this im portant topic during MC11 and give delegations  
practical guidance on the way forward.  
4.136.   The representative of the Bolivarian Republic of Venezuela  welcomed the report of the 
Chairman and of the C hairs of negotiating groups. She endorse d the statements made b y Egypt on 
behalf of a group of  NFIDCs  and Indonesia on behalf of the G -33. 
4.137.   With two weeks left before the meeting in Buenos Aires, Members were faced with  the 
major responsibility of deciding on the best way to ensure the success of their ministerial 
conference. Members  could look back at the work they had done,  which was reflected in the 
reports of negotiating group Chairs. However, t he situation was as complex  as the organization  
itself. 
4.138.   The WTO was the multilateral forum responsible for the rules gov erning trade and, as 
such, provide d a space in which different development needs and visions c ould be shared among 
Members. Bearing in mind Members'  differences, they had the difficult task of reaching minimum 
agreements necessary to bridge the gaps that d ivided them , on the understanding that trade could 
only be an important engine for development if Members  succeed ed in securing the right 
environment for everyone and the requisite conditions to do so. Thus Members were  compelled to 
face the consequences o f historical debts that hamper ed their progress. It was for Members  to 
decide whether to continue evading their responsibilities or to move forward on the path of 
sustained progress for all, ensuring that no one was left behind.  
4.139.   Her delegation  consider ed that any outcome in Buenos Aires had to  be based on the 
recognition of development as a central part of Members'  work. Her delegation would  keep on 
saying that the WTO's main responsibility had to  be and continue d to be the creation of conditions 
for trade to be an instrument that foster ed development, and not an end in itself. The WTO needed 
to translate the commitments already undertaken in Doha into concrete results.  The issue of 
agriculture had been  recognized by all Members as the fundamental pillar of the Round. The 
Nairobi Declaration had been  clear in giving priority to negotiations on PSH and the SSM for TN/C/M/38  
 
- 25 - 
 
  developing country Members. Another important component of agriculture was domestic support. 
Nonetheless, any outcome in this respect would  have to provide for S&DT for NFIDCs.  
4.140.   Along the same lines, her delegation  consider ed it a priority for m inisters to take some 
kind of decision on the proposals for S&DT put forward by the G -90, given their substantive 
content and the political weight that they h eld for developi ng countries.  
4.141.   Turning to the negotiations on fisheries subsidies, her delegation thanked  the Rules Chair 
for his efforts in leading these complicated negotiations and Members for their active participation. 
Her country was a strong supporter of the Doha Round negotiating mandates and the SDGs , 
especially appropriate and effective S&DT for developing  countries and LDCs, in view of the 
importance of this sector to development priorities, poverty reduction, and livelihood and food 
security concerns.  
4.142.   Lastly, she wished to  refer to the process on which, in her delegation's view, the success of 
the m inisterial w ould hinge. In every negotiation, predictability and trust in the process were 
important . Her delegation had  accordingly co-sponsored document JOB/GC/ 158 and JOB/TNC/64,  
presented by the African Group at this meeting,  in which they had set forth their position on the 
elements necessary to ensure such trust. It welcome d the fact that the Chairman's  report at the 
present meeti ng had  coincided with the  principles in that  document concerning transparency, 
predictability, and a consensus -based, Member -driven  and bottom -up process. On the other hand, 
they were  concerned with the desire  of some  to take up in Buenos Aires technical i ssues where it 
was clear that there was no possible room for agreement. Obvious example s were domestic 
regulation  in services and export restrictions. Her delegation  did not understand why these were  
being presented as a potential deliverable s, when a number of delegations, including hers, had 
expressed their disagreement.  
4.143.   Her delegation  would therefore appreciate receiving the Chairman's proposal in writing so 
that it could  be properly reviewed by her capital. She concluded with  best wishes fo r a successful 
ministerial conference in which all Members  underst ood and learn t more from each other. 
Members needed not to fear differences of opinion, which were a reflection of their diversity. She 
urged Members to take a constructive, patient and comm itted approach to their work, without 
thinking about the outcome but about what they were  steadily building, step by step.  
4.144.   The representative of Switzerland  said that his delegation remained  committed to a 
successful MC11 in Buenos Aires, in spite of challenging circumstances.   His delegation  regret ted 
that wo rk on part 1  of a ministerial declaration had come  to a halt in the WTO . His delegation 
continued to have high hopes that substantive r esults w ould be possible in Buenos Aires, above all 
on fisheries subsidies.  
4.145.   MC11 would  also offer an opportunity to recognize important efforts undertaken since 
Nairobi, and recall outstanding issues that ha d not progressed over the past two years.  This 
conference had to  furthermore provide guidance for the future work in the WTO and, in some 
instances, help identify more workable approaches to issues under negotiations. Trade and 
development was a case in point.  
4.146.   Since MC10, major engagement had been seen not only on agriculture, fisheries subsidies 
and domestic regulation in services. E -commerce , MSMEs, as well as investment facilitation, ha d 
also emerged as topics that were attracting strong interest from broad sections of the Membership.  
4.147.   However, it would  be as important for Members  not to forget the broader subject of 
services, as well as NAMA, TRIPS issues, Rules and environment.  These areas would  have to be 
included in whatever outcome document w ould be issued at MC11.  Switzerland was committed to 
engag ing constructively in all of them with a view to reaching balanced results going forward.  
4.148.   The WTO needed  to remain the place where all trade issues of interest to Members c ould 
be brought to the table, and where responses to new challenges in world trade c ould be found.  In 
this regard, his delegation  noted that worrying signs of polarization and of obstruction on 
procedural grounds ha d appeared in the WTO in the course of th e year. TN/C/M/38  
 
- 26 - 
 
  4.149.   MC11 w ould therefore also be an important opportunity for all supporters of the rules -
based multilateral trading system to highlight its valu e and to defend its integrity.  
4.150.   He wished to add a few words about the organization of work in Buenos Aires. In the 
Chairman's introduction he had given details about the measures that would b e taken in Buenos 
Aires to ensure the smooth running of the meeting and his delegation supported  the approach . His 
delegation had also just found out the content of the document presented by Rwanda at the 
present meeting. It had not had the opportunity to look at it in detail. Nevertheless , he wished to 
make a general comment from by a quick reading of that document. In his delegation's view, 
those  proposals require d some major changes to practices and regulations and his delegation  did 
not see how at the present  stage it would be possible to take a decision about this. It believe d that 
it would be wiser and more appropriate to stick to the procedures that ha d been used up until now.  
4.151.   The representative of Uganda  thanked the Chairman and the Chairs of negotia ting groups  
for their comprehensive but inconclusive reports. He associated his delegation  with the statement s 
delivered by Rwanda on behalf of the African Group; Guyana on behalf of the ACP Group; and 
Indonesia on behalf of the G -33. He requested that the  statement which had been delivered  by his 
delegation  during the TNC meeting o f 24 October be included on the record of this meeting1. 
4.152.   In the past couple of months, Members had  worked diligently in all negotiating groups. 
Their engagement had been  informed , in part, by the informal HoDs  meeting held on 21 
September where the Chairman had guided  Members  on the "moment of truth ". It was therefore 
his delegation's understanding that all issues where there were diametrical opposition w ould not be 
put to ministers unless there was consensus to do so.  
4.153.   For months on end, Members had  tried and failed to find common ground. H e asked h ow 
proponents envisage d that ministers w ould suddenly find the technical solutions in a few days . 
Towards that end therefore , he request ed the Chairman  to provide th e meeting with a list of all the 
proposed decisions that he intend ed to forward to the General Council for onward transmission to 
the Ministerial Conference. Members need ed to pronounce themselves on this proposed list. 
Members needed to learn from their past experiences. They should not be like the Bourbon 
monarchy, which was said to have learnt  nothing and forgotten nothing.  
4.154.   He associate d his delegation with the submission by the African Group, Bolivia, Cuba and 
Venezue la, on the Ministerial Conference Process and Outcome Document in JOB/GC/158 and 
JOB/TNC/64.  He said that the document was timely. It was intended to help frame the contours of 
Members'  engagement having learnt lessons from past experience. As the Group  built the Africa 
they wanted, it was important that the process leading to, and during, the Ministerial Conference 
was transparent, inclusive, predictable, bottom -up and Member -driven. The conference had to  
take place on the dates indicated a  priori. There should be no stopping of the clock otherwise it 
would impact on the credibility of any sort of ou tcome.  
4.155.   On the outcome document, his delegation regret ted the lack of progress. Its preference 
would have been for a ministerial declaration. However, in the ev ent that such outcome was not 
tenable, it called for a process to be put in place to start working on the parameters of any other 
form of outcome document. It had heard Argentina 's insistence. Its view was that any outcome 
document sh ould not be imposed on  Members. Sufficient consultation and prior notice had to be  
provided. Even a c hair's statement had to be consulted upon. One of the options would be to use 
the outcome of the drafting group  as a basis for consultations.  
4.156.   Members had to  take care not to imp ose the views of one Member on the rest of the 
Membership or drop all issues of specific interest and concern to the rest to accommodate one 
Member. The alternative would be to reflect the different views in the text but qualify with words 
such as "some " and "majority ". This ha d lately become the new norm in the WTO. In any event, 
any outcome document had to highlight the centrality of development and S&DT in the work of th e 
Organization. There was need to conclude the remaining elements of the D DA and the critical 
importance of impleme nting all decisions adopted by m inisters and the General Council . 
                                                
1 Statement is annexed to these minutes.  TN/C/M/38  
 
- 27 - 
 
  4.157.   On development , his delegation wished  to express its deep concern about the new 
narrative being created about  the work of the CTD  SS. It was unacceptable for some developed 
country Members to treat the development aspects of the work of th e Organization to conceptual 
and theoretical discussions at the Ministerial Conference, while on the other hand seek to extract 
multilateral disciplines in a reas of specific interest to them. They continue d to question and down 
play the relevance and legitimacy of development  issues despite having benefitted from a system 
that supported their development and industrialization. There was a disconnect between  the clear 
commitment to development by ministers; and the stiff rejection by some Members on delivering 
on it. H e asked h ow the WTO intend ed to deliver on its commitment to development . Who was the 
WTO intending to serve if it c ould not address the specific development needs of the majority of its 
Members? What d id the WTO intend to promote, beyond rule -making? Members  needed to reflect 
deeply on the message this sen t about th e Organization in light of f uture multilateral rule making.  
4.158.   He said that t he multila teral rules as they were, were constraining their ability to 
structurally transform and industrialize; and were further constraining their domestic policy space. 
It was therefore pertinent to question the need for more rule -making if developing countries a nd 
LDCs would  not find accommodation as  had been  envisaged in paragraph 44 of the Doha 
Ministerial Declaration to make precise, effective and operational the agreement -specific proposals 
in a manner that was intended to facilitate the majority of Members to derive benefit out of the 
multilateral trading s ystem. His delegation  therefore call ed upon Members to substantively engage 
on the b asis of the G -90 submission in JOB/GC/160 and JOB/TNC/65 with the view to delivering 
substantially meaningful outcomes intended to foster structural transformation, industrialization 
and diversification in  line with Agenda 2063, "the Africa we w ant". His delegation also wished to 
state upfront that th e question and answer approa ch that was being suggested on development 
had to cut across all areas where there was complete divergence. There should not be 
discrimination because they were  small players.  
4.159.   Domestic regulation  was an area where the proponents should have reached their m oment 
of truth long time ago. There was no agreement, even including among  proponents  themselves , 
yet they expect ed to present a text to m inisters. These Members ha d adopted the politics of 
numbers. He asked if he should remind these M embers that the G -90 proposal ha d received 
overwhelm ing support from more than 100 M embers of the  Organization .  Therefore,  the game of 
numbers d id not work . During the last WPDR, the ACP , LDC and African g roups had all 
recommended that the text was not ma ture for negotiations  and that M embers should consider 
taking forward this work in the post -MC11 context in line with the inbuilt mandate in GATS Article 
VI.4. The divergences were many and deep. His delegation did  not believe that they c ould be 
bridged in the short time left,  especially not in Buenos Aires.  
4.160.   His delegation's  engagement ha d been in the context of graduation. It had issues with the 
preservation of the right to regulate; regulatory capture and control; the limitations on the 
language on flexibility; basic definiti ons of concepts; the mandate for some aspects of the 
proposal; there was no clarity on the scope of application; Members ha d not demonstrated with 
concrete examples, how the GATS ha d not been sufficient, in light of Articles VI as it st ood 
especially in Ar ticle VI  (1), (2) and (5). There ha d been no indication on the necessity of these 
disciplines; and they ha d not explained what the inherent problem with the GATS was that they 
sought  to resolve. His delegation had p reviously suggested a conceptual discussi on in the CTD 
Dedicated Session of the Monitoring Mechanism to understand where the real problem was. The 
divergences were deep and were not going to be cured in three days. His delegation  therefore 
propose d that thi s issue should not be taken to m inisters . 
4.161.   On new issues , he said that issues where there was no ma ndate should not be brought to 
ministers for decision -making. His delegation could  understand for those areas where Members 
were shopping for mandates but it could not understand where an issue that  clearly ha d no 
mandate was being put before m inisters to deliver a negotiated outcome. The proposal situated in 
the NGMA  had no mandate; many aspects of the submission on domestic regulation in serv ices 
such as on t ransparency ha d no mandate. It was one thing the WTO being a Member -driven 
organization but order and some form of discipline  were required . Any issue where there was no 
mandate c ould not and should not be put to ministers for decision -making. His delegation took 
exception to this . Paragraph 34 had said that any decision to  launch  negotiations multilaterally on 
such issues would have to be agreed by all. The operative words were "launch" negotiations before 
Members thought  of "delivering"  negotiated outcomes. He stressed that t hese issues s hould not be 
brought before ministers . TN/C/M/38  
 
- 28 - 
 
  4.162.   The representative of the Russian Federation  express ed his gratitude to the Chairman and 
the Chairs of the negotiating groups for the fair assessment of the current state of play, as well as 
for the Chairman's  recomme ndations on the way of conduct in Buenos Aires, which his delegation  
support ed. 
4.163.   The Russian Federation ha d always considered the WTO to be the source of predictability 
and confidence for businesses and communities, as well as an engine for economic growth and 
development. It was with this conviction that it was  engaged  in Geneva  in the preparations for 
MC11.  
4.164.   At present, his delegation had to admit, with regret and disappointment, that delegations 
had failed to equip their ministers with a strong multilateral statement in support of the 
multilateral trading system. Members  could not bridge their differences despite the fact that most 
of them had  responded to the call of the GC Chair , Ambassador Carim, and facilitators, 
demons trating a constructive approach, flexibility and self -restraint.  
4.165.   In these circumstances, the Russia n Federation  was of the view that a chair's statement 
was a possible option. It would expect an emphasis on Members'  commitment to the fundamental 
principles  and objectives of the WTO as a comprehensive institutional framework for conducting 
trade relations among its Members. Furthermore, the statement could reflect Members'  firm will to 
contribute to the improvement of the Organization to better respond to mo dern challenges and the 
needs of businesses. He was confident that most ministers in Buenos Aires w ould deliver this 
message in their plenary statements.  
4.166.   Two weeks before MC11, his delegation was  determined to join efforts with Members t o 
ensure  that the conference produced tangible results and paved  the way for Members'  work in the 
following  years. His delegation saw prospects for del iverables on a range of tracks.  
4.167.   In fisheries, Members had a single negotiating text, although heavily bracketed.  
4.168.   In PSH, a c onsiderable potential for convergence still exist ed. His delegation was  pleased 
to note that the Russia n Federation 's proposal ha d been given positive consideration by many 
Members.  
4.169.   The Russia n Federation  had also become  a co-sponsor of the  proposal on domestic 
regulation in services. Its textual suggestions had received positive feedback from Members and 
had been  incorporated into the final text. It was  looking fo r a productive discussion at MC 11, which 
would eventually le ad to a m inisteria l decision.  
4.170.   There was a good draft Ministerial D ecision on establishing a work p rogramme for MSMEs, 
which the Russia n Federation  had joined as a co -sponsor.  
4.171.   In e-commerce, it hoped that its proposal – concise and simple - would serve as a basis for 
the fin al decision  to be adopted in Buenos Aires.  
4.172.   The Russian Federation  welcome d the proposal by the F IFDs, and hope d that it w ould be 
fine-tuned fo r a consensus decision at MC11.  
4.173.   A constructive and pragmatic approach to these issues would produce decisions to t he 
benefit of every Member and allow the Membership to show that MC11 was a success. MC11 was a 
milestone for the WTO. It was up to Members  to ensure that trade work ed at its fullest and 
brought  opportunities to Members'  societies. If Members  agree d to fol low this path, they had to 
use Buenos Aires to uphold the integr ity and core values of the WTO.  
4.174.   The representative of Cuba joined  others in expressing its condolences to Egypt in the 
wake of the tragedy that  had befallen  it a few days back. Cuba t hanked the Chairman for his 
report and a sked that it be circulated in writing for the purposes of analysis. It also welcome d the 
reports from the negotiating group Chairs. It endorse d the statements made by Guyana on behalf 
of the ACP Group ; Indonesia on behalf o f the G -33, and Panama on behalf of SVEs. TN/C/M/38  
 
- 29 - 
 
  4.175.   She said that Members now found themselves at a complex and critical juncture as they 
complete d their work in Geneva with an entire range of issues unresolved. This situation had to 
prompt them to maintain a realis tic outlook in Buenos Aires that allow ed ministers to focus on 
important matters, and those were the outstanding Doha mandates that ha d taken years of 
waiting to show results. In addition, following th e present  meeting and that of the General Council, 
Members needed to be clear as to how they were going to work in Buenos Aires. Delegations  
needed to inform their ministers, before leaving Geneva, of the procedures that Members were  
going to follow and the meetings or activities in which they ha d to participate. Her delegation  
noted the elements  that had been  highlighted in the Chairman's statement but also emphasize d 
the need to ensure a predictable environment, with no surprises or last -minute decisions, so as to 
prevent a  repetition of past sit uations.  
4.176.   Before turning to the process, she outline d her delegation's  views on the substantive 
issues in preparation for Buenos Aires, based on the situation in which Members found  themselves. 
In agriculture, her delegation, along with the G -33, support ed the adoption in Buenos  Aires of a 
permanent decision on PSH, so as to give access to new programmes for all the developing 
countries and avoid ex ante  transparency requirements that would cancel out  the application of the 
mechanism. It also  believe d that Members had a duty to establish the SSM. As regards domestic 
support, it had  repeatedly stated its preference for the  revision -four modalities ( Rev.4 ) type 
outcome. However, in light of the present  situation in which it d id not appear possible to remedy 
the existing imbalances in agricultural trade that benefit ted many developed countries, it insisted 
that any outcome regarding this pillar in Buenos Aires had to  exempt LDCs, SVEs and NFIDCs from 
undertaking reduction commitments, as stated in the ACP proposa l. It emphasize d the priority that 
achieving an outcome in this p illar in Buenos Aires represented  for her delegation. Cuba also 
support ed the C -4's proposal on cotton.  
4.177.   As regards fisheries, it was essential that any outcome provide d for robust S&D T that 
allowed developing and least developed countries to ensure sustainable development of the sector. 
A mandatory standstill clause would not be acceptable. Nor d id her delegation s upport 
transparency provisions for developing countries that went beyond the ASCM. Exemption from the 
disciplines had to also apply to subsidies in the event of natural disasters calling for rehabilitation 
of the sector in the developing countries affected, without burdensome conditions. In short, her 
delegation would  continue to take part in these negotiations with a view to achieving an outcome 
in Buenos Aires in line with the positions put forward and supported by the ACP countries on the 
various issues.  
4.178.   As a member  of the G -90, her delegation favour ed reaching tangible outco mes in Buenos 
Aires on the S&D T proposals. Members  needed to leave aside the approaches  that restricted  an 
outcome in this area , in order to  seek to achieve better and fairer integration of the developing 
and least developed countries into the multilateral  trading system.  
4.179.   As regards domestic regulation in services, her delegation  noted that the proponents  had 
put forward a second revised version a few days before , con taining cosmetic changes that did  
nothing to alleviate but actually increase her delegation 's systemic concerns on the subject. She 
underscore d that there was no consensus on the matter that would warrant its inclusion in 
ministers' agenda with a view to a possible deliverable in Buenos Aires, and her delegation did not 
want any surprises in thi s regard. The only certainty Members' had was that more than two -thirds 
of the Membership were willing to continue working on the topic upon their return from the 
Ministerial, nothing more. On new issues, her delegation found  the situation precarious because 
these issues  had not been part of Members'  formal discussions;  were not relevant to th e 
Organization;  and, enjoy ed no consensus, as required under the Nairobi Ministerial Declaration. 
Cuba therefore saw no reason to add to  the ministers' agenda in Buenos Aires by including these 
topics, which deviate d from the priority Doha mandates.  
4.180.   Lastly, on e -commerce, it reiterate d its position that it was still valid to continue working 
along the lines and structure of the 1998 Work P rogramme. Cuba was  therefore willing to seek an 
outcome according to the proposals submitted by India and the African Group, with an emphasis 
on development in the work to come. As to future work programmes, it was  in favour of 
maintaining general wording,  along the lines of paragraph 31 of the Nairobi Ministerial Declaration, 
which would enable Members  to continue working towards a successful conclusion of the DDA.  TN/C/M/38  
 
- 30 - 
 
  4.181.   Turning to the question of procedures, its contribution to the analysis was contained in the  
document circulated during the present meeting  in JOB/TNC/64 and JOB/GC/158 - a document 
which it had  co-sponsored jointly with the African Group and other like -minded delegations. She 
thanked  Rwanda for introducing the document and endorse d the points it  underscore d. This 
contribution laid  down at an appropriate time the guiding principles that a representative group of 
developing countries expect ed in regard to any work done during the Ministerial, and they asked 
that they should be duly followed. Among the aspects they wished to highlight were inclusiveness 
achieved through representativeness of the entire Membership in every debate; transparency; 
impartiality of the chairs and facilitators in carrying out their duties; the principle that work should 
be driven by Members using a bottom -up approach and that any proposal should be discussed in 
writing, in a format open to all Members on an equal footing, and that any decision should be 
adopted by consensus.  
4.182.   Her delegation was willing to work constructively on this process and during the Ministerial. 
It hoped that whatever outcome document m ight emerge from Buenos Aires reaffirm ed the 
centrality of development in th e Organization, by providing robust S&D T for developing countri es, 
including SVEs and LDCs.  Another critical point was to reaffirm the commitment undertaken by the 
entire Membership more than 15 years ago to complete the Doha mandates, as a historical debt to 
be settled when Members  return ed from Buenos Aires.  Lastly,  she reiterate d her delegation's 
readiness to continue working towards a rules -based, fair, equitable and non -discriminatory 
multilateral trading system  
4.183.   The representative of  the Philippines , speaking on behalf of ASEAN , thank ed the GC Chair 
for his initia tive and efforts in starting a process in Geneva to come up with a draft text of the first 
part of what was envisaged to be a draft MC11 ministerial declaration. It also extended its 
appreciation to the four ambassador facilitators who had variably tried t o bridge gaps amongst a  
few Members and come up with a compromise text.  Despite the hard work, collaborative 
atmosphere, and willingness to engage exhibited by  all participating Members, ASEAN share d the 
regret expressed by many delegations  that fundamenta l differences ha d prevented Members  from 
reaching any sort of convergence on a draft ministerial declaration.  
4.184.   In a way, the exercise of the previous week had tested some of the established,  moderate, 
and more  radical notions about the nature and fut ure of the multilateral trading system. He said 
that the WTO might  mean many things to many different Members, but the essence of what th e 
organization was about was universal  – a rules -based multilateral trading system with 
development at its core. If Members lost sight of what was fundamental to them as Members and 
users of th e system as enshrined in the Marrakesh Agreement, then they could  never truly a dapt 
and respond effectively to the challenges and opportunities of t he rapidly evolving global economy . 
4.185.   Members had been in this position  before, which his Group saw with the least bit of pride. 
This was not the first time Members had been faced yet again with  an existential cris is. But they 
had also overcome their c hallenges and achieved results at the last two ministerial conferences. 
A tremendous amount of work ha d been undertaken in formal WTO committees and negotiating 
groups, as well as informal consultations and workshops. Members could still  achieve concrete 
outcomes at Buenos Aires beneficial to all of them  if they engage d more constructively and with a 
heightened sense of urgency.  Despite this gloomy picture, and the uphill battle Members  once 
again face d, ASEAN believe d that all was not lost for th e WTO.  
4.186.   Speaking on behalf of the Philippines , he extend ed his delegations  thanks to the Chairs of 
the negotiating groups for their report s on the work that would be carried forward in Buenos Aires. 
He noted the suggestion of the Chairman  on what could emer ge as the process on how this work 
was translated into a possible set of outcomes. While there might  be hope, however faint, that 
there might  be movement, however marginal, on some of the more mature work achieved thus 
far, his delegation also  recognize d that any realistic prospect for a concrete outcome in Geneva 
was becoming dim. At this point, and after what it had  heard thus far, it m ight be too much to 
expect that the G eneral Council could generate a consensus on any substantive issue that c ould be 
decided upon in MC11; and that as a natural consequence, it would now be up to ministers to 
generate that consensus. His delegation would  only stress for the moment that any and all issues 
critical for Members had to be carried forward and discussed by ministers in MC11 through a 
process that was open, inclusive, and transparent. Nevertheless, the Chairman's handling and 
management of the processes in Bali and Nairobi could suggest that these could also be part of the 
process in Buenos Aires.  TN/C/M/38  
 
- 31 - 
 
  4.187.   He direct ed his delegation's intervention to agriculture, particularly the SSM—an issue that 
by now had to be clear to Members just how important it was for the Philippines. But it was 
nonetheless worth stressing at the present  meeting and at every appropriate oppo rtunity as 
Memb ers approach ed MC11, that the Philippines would be placed in a difficult position in coming to 
an imminent consensus on any negotiating issue in the absence of a solution on  the SSM. 
Developing countries ha d been seeking for the establishmen t of an SSM since the launching of the 
Doha Round, in order to have a truly accessible and effective trade remedy tool to address 
agricultural volatilities causing import surges and price depressions, which were in turn also 
attributable to huge subsidies and other distortions. His delegation would  continue to reiterate the 
need for a concrete outcome on the SSM at MC11, in order to ensure that all Members would 
succeed.  
4.188.   The representative of Korea  thanked the Chairman and Chairs of  negotiating groups for the 
honest assessment of the state of play and tireless efforts to find a way forward.  With less than a 
fortnight left to MC11, Members had now to have greater clarity on what to expect in Buenos Aires 
in terms of both conference proceedings and potential o utcomes.  These w ould largely depend on 
the results of their work in Geneva that they could  present to ministers for their consideration in 
Buenos Aires.  
4.189.   That said, his delegation wished to make comments on the Ministerial Declaration and then 
substantive i ssues.  First, it was disappointing that it ha d become dif ficult to produce a consensual 
ministerial d eclaration in Geneva, especially part 1, despite more constructive tha n expected 
discussions in the d rafting group until a week before . His delegation  respect ed the strong 
commitment of so me Members, including Argentina  the host of MC 11, to continue to pursue a 
ministerial d eclaration in Buenos Aires.  
4.190.   For the time being, however, his delegation  regrettably concur red with the judgment of the 
GC Chair to end the Geneva drafting exercise, since agreeing on a ministerial declaration in 
Geneva  would  be an extremely difficult task. The only possible compromise text at the present 
stage would either appear quite vacuous or only display significant divergences a mong Members 
on the key WTO values and agenda.  
4.191.   In this situation, it would be wise to follow the precedent of the Eighth WTO Ministerial 
Conference ( MC8) in 2011, which had taken place in circumstances of persistent deadlock in 
negotiations.  Nonetheless, M C8 had been  able to open a path for some substantive outcomes in 
the following years, such as the Trade Facilitation Agreement (TFA) and the decisions on 
agriculture e xport competition.  This had been  possible because  ministers  had acknowledged the 
reality and agreed to pursue a practical approach following candid discussions at MC8.  
4.192.   Members had to b e inspired by the positive elements of MC 8.MC11 could and should serve 
as another stepping stone towards a stronger and more productive WTO that kep t pace with r apid 
developments in the global economy, in cluding the digital revolution.  
4.193.   His delegation was  not suggesting starting over from scratch, foregoing all the acquis  
during the course of the Doha negotiations. Members  should build on aspects of their previous 
work that remain ed relevant in guiding their future work, as well as embrace issues that, due to 
changes in the global trading environment, ha d an ever greater bearing on trade and 
development.  
4.194.   In this regard, it might be useful to have political  discussions among ministers to address 
the challenges faced by the WTO and its future in Buenos Aires. Members m ight not agree on 
many important points. But, such discussi ons would  be a valuable opportunity for Members to 
listen and talk to each other in an interactive atmosphere about the way forward for the WTO.  
4.195.   His delegation  believe d that Minister Malcorra would be able to identify common threads  
from these discussions that could  be incorporated into a final document of the Ministerial 
Conference. Even if it could not present agreed political guidance on the future  WTO work, such an 
exercise would  be a meaningful first step in Members'  efforts to revitalize the WTO.  
4.196.   Second, on substantive outcomes that would  be reflected in Part II of the Ministerial 
Declaration, Members were yet to see any meaningful convergence of minds even in the high -TN/C/M/38  
 
- 32 - 
 
  stakes issues of agriculture domestic support, PSH for food security p urposes , and fisheries 
subsidies.  
4.197.   On agriculture, particularly in domestic support, it seem ed that the best possible outcome 
would  be a decision to guide post -MC11 negotiations, as  had been  observed by the CoA SS Chair. 
Although Members still remain ed far apart in their views, there was agreement on the key 
principles of an incremental approach and pro portionality.  
4.198.   In other words, new restrictions on domestic support should not immediately affect current 
policies but aim at long -term and gradual reform. There should  also be proportionality in 
contributions, taking into account the fact that subsidies by  net food importing Members and those 
by major exporting Members d id not have the same trade distorting effect. These principles had to 
continue to guide Members'  future work.  
4.199.   On fisheries subsidies, Members ha d engaged in intense discussions in different 
configurations during the past months with no shortage of ideas and textual proposals.  However, 
the negotiations still remain ed at a stage where some Members tried  to convince other s of the 
merits of their own proposals or views, rather than engage in a ge nuine exercise to find a balanced 
compromise.  
4.200.   His delegation  hoped that Members  would  continue  their efforts with pragmatism and 
openness to other Members ' perspectives, buildin g on the progress made so far. It believe d that 
any future disciplines on fisheries subsidies should be clear enough to become an implementable 
WTO legal instrument.  
4.201.   On other areas, including ongoing negotiations and non -DDA issues, Korea support ed 
continued efforts to aim for substantive outcomes  where possible. It recognize d the significant  
work that had  been undertaken in various areas such as services domestic regulation, e -
commerce, MSMEs, investment facilitation, transparency of regulatory measures for trade in 
goods, and the need to continue  the work on trade and environment.  
4.202.   Discussions on these issues among ministers in Buenos Ai res would  help Members identify 
a future path.  At a minimum, Members had  to ensure that Buenos Aires c ould provide clear, if not 
detailed, directions to guide the p ost-MC11 work.  
4.203.   Lastly, any decisions to be made in Buenos Aires had to  be a truly collective outcome. In 
this regard, his delegation  count ed on Minister Malcorra, the Minister Facilitators to be named for 
certain areas, and the Chairman  to ensure a transpa rent and inclusive process  at MC 11. In this 
light, it appreciate d and support ed what the Chairman had  said about the possible organization of 
meetings in Buenos Aires.  
4.204.   With regard to the new communication from the African Group and other Members 
(JOB/GC/15 8), his delegation wished to note that Members  already ha d rules of procedures  and 
established practices for ministerial c onference s that ha d stood the test of time. It was  not sure it 
was necessary or appropriate to consider additional set of rules and principles at this late stage.  
4.205.   The representative of Benin  said that he was delivering this statement on behalf of the  
Cotton -Four ( C-4) given that Ambassador Henri Konate from Mali – the C -4 coordinator - was 
unable to attend the present meeting as he was preparing  for the arrival in Geneva of the Prime 
Minister of Mali.  
4.206.   The C-4 thanked the Chairman and the Chairs of the negotiating b odies for the ir reports on 
the state of play. It also thank ed Argentina the host of the coming ministerial conference for th e 
preparations that were under way.  
4.207.   The C-4 wished to underscore the importance of cotton. It was a sector in which several 
million people work ed laboriously every day including women, young and elderly people. When the 
C-4 negotiate d with a view to achiev ing concrete measurable results that were founded on figures 
in the field of cotton before going to Buenos Aires, it was thinking in particular of these women, 
the young and elderly who were digging in the cotton field s, on a daily basis and  who worked by 
hand, in rainy, sunny or windy  conditions  or even in cases of tropical storms They harvest ed the TN/C/M/38  
 
- 33 - 
 
  cotton by hand , one ball at a time. He was reminding Members of all this to underscore how 
arduous the work of cotton was and what high expectations these people ha d. None of this w ould 
be possible if the international market was not open.  
4.208.   Since 2003  – the past 14 years  – the co -authors of the Sectoral Initiative on Cotton ha d 
made several suggestions how to  deal with domestic support which create d distortio ns in the 
international trade of cotton.  The latest proposal submitted by the C -4 date d back to 11  October 
2017.  It was a revision of a submission it had made in July 2017. The  latest proposal was based on 
figures . It was measured, weighed, counted and rea listic because it was supported by facts . The C -
4 was aware of other proposals that ha d been submitted by negotiating partners.  It note d that to 
date the counter proposal which had been made by the negotiating partners provided  no figures to 
support it. This was why between the present time  and Buenos Aires , negotiating partners need ed 
to submit figures and a level of commitment to enable all Members as well as the international 
community to assist them in understanding the orientations they wish ed to take, what direction 
they wish ed to go with regard to outcomes in domestic support on cotton.  
4.209.   The C -4 wished to inform Members that , concerned by the seriousness of the situation 
regarding cotton and the living conditions of the producer communit ies of cott on in the field s, the 
Heads of State of the four co-authors of this sectoral initiative  – Benin, Burkina Faso, Mali and 
Chad ha d asked the Prime Minister of Mali to come to Geneva and take part in the General Council 
on 30th November 2017 to get their mess age across to WTO Members . 
4.210.   The C-4 support ed the statement made by Rwanda on beha lf of the African Group, Guyana  
on behalf of the ACP Group, Indonesia on behalf of the G -33 and Cambodia on behalf of LDCs.  
4.211.   The representative of Bangladesh  thanked the Chairm an and the Chairs  of negotiating 
groups  for their reports . His delegation  appreciate d their tireless effort to reach consensus on very 
divergent issues. It also  support ed the Chairman's proposal on the way Members were  going to 
organize the ir sessions at MC11. He associate d his delegation  with the statement made by 
Cambodia on behalf of LDCs.  
4.212.   He wished to supplement what the Chair of CTD  SS had mentioned in her report. His 
delegation had  not only observed a disconnect between the level of eng agement on the G -90 
S&DT proposal in Geneva and the commitment ministers ha d in para graphs  31 and 32 of Nairobi 
Declaration, but its assessment of discussio ns held since 19 July 2017 had shown that there ha d 
been a misperception about their proposal from  the first day. Some Members  had perceived that 
the proposals had not been prepared by the proponents and their submission was about policy 
space only.  These misperceptions had not allowed  them to constructively engage in the 
discussions. It was regrettable that the G -90 had  been misunderstood. His delegation wished  to 
bring to the notice of the meeting  that while only three proposals sought  policy space to address  
the Group's  implementation challenges;  the others sought to  create increased trading opportunity 
through creating a predictable environment.  
4.213.   Given those misperception of some Members, the G -90 was  of the view that it was 
essential to bring their proposal s to the notice of ministers so that m inisters, who ha d strong 
commitment, c ould take a decision on those proposals.  On the trade and development nexus, he 
request ed Members to take stock of their discussions that  had taken place  from 1998 to 2001 on 
this issue.  
4.214.   In fisheries subsidies, his delegation  underst ood Members'  mandate under the DDA and 
SDG 14.6 was to prohibit subsidies to IUU fishing, overfishing and overcapacity in marine fishing 
along with S&D T. Any deviation from this mandate was not acceptable to it. 
4.215.   It wished  to see that a decision on  a permanen t solution on PSH, if any, extend ed to the 
programmes of LDCs.  
4.216.   His delegation wished to draw the attention  of the meeting  to the fact that in  the recent 
past, some LDCs ha d graduated from LDC status and many were on the way to graduate in the 
following  years. The graduated LDCs were facing and w ould face enormous challenges in many 
areas including in trade. Therefore, it urged Members to give due consideration to positive 
measures to address trade -related challenges of the graduated LDCs in the post-graduation phase.  TN/C/M/38  
 
- 34 - 
 
  4.217.   The representative of Chinese Taipei  thank ed the Chairman and Chairs of the negotiation 
groups for the ir reports and assessments on the state -of-play. MC11 was less than two weeks 
away. His delegation wished  to point out to Members, at this stage, that it was essential to 
consider all the proposals carefully and thoroughly. In the absence of any comprehensive impact 
assessments, it was possible for an outcome of the negotiation to lead to further unfairness and 
inequity among Members - which would be exactly the opposite of what Members were  trying to 
achieve . 
4.218.   Taking domestic support in agriculture, as an example , his delegation ha d done some 
simulations and found that all the OTDS proposals on the table impl ied a significant amoun t of 
inequit y. This applied  not only to Members of the Article XII Group  on whose behalf  it was 
speaking , but also those of other groups as well, such as the G10 to which it was a member . 
4.219.   It was regrettable, to say the least, that the lower starting point of entitlements for Article 
XII Members on domestic support ha d not been considered in any of the proposals tabled. No 
attention had been  given at all in these proposals to the question of diffe rent starting -points 
among Members. His delegation had to  request, therefore, that its earlier concessions be taken 
into account in a fair and proportionate manner in the negotiation. In the same vein, it reiterate d 
the importance of preserving the Nairobi  commitment to Article XII Members in any possible 
outcome documents in the MC11.  
4.220.   His delegation ha d a particular interest in issues such as, the transparency proposal in the 
context of NAMA, domestic regulations for trade in services, e-commerce, MSME s, and trade and 
women's empowerment. Some of these were so-called "new" or "non -DDA" issues. In its view, 
they were all relevant to the WTO's work. It would encourage Members to be open -minded and to 
welcome more advanced discussions in this regard . 
4.221.   Equally i mportant, Members could not  ignore other issues which were not currently in 
focus such as t rade and environment, market access or dispute settlement review . Members had 
to renew discussions on th ese unfinished topics after MC11.  
4.222.   His delegation  acknowledge d the communication JOB/GC/158 which had been  circulated 
about the process and outcome document for the MC11. It did have concerns about this proposal. 
Taking into account the limited time before the MC11, it could not  accept a change of the rules of 
proced ure that ha d guided Members  for a long time in WT/L/161.  
4.223.   The representative of Solomon Islands , speaking on behalf of the Pacific Group , associated 
his Group with the statements made by the ACP and the LDC groups.  He thank ed the Chairman 
and Chairs of negotiating groups for their reports on the state of play of in the various 
negotiations.  
4.224.   The Pacific Group had been working constructively within the ACP and the LDC groups to 
advance the negotiations as mandated by paragraph 31 of the Nairobi Declaration.  It noted the 
limited to , no progress made so far, in some areas of priority interests to it. 
4.225.   In addition, the Group expresse d concerns at the state of play of the overall negotiations, 
in particular, on what would be the nature of the outcomes that ministers w ould consider at MC11.   
The current impasse was likely to put at risk the future of the multilateral rules - based system that 
very small developing countries like those in the Group  depend ed on. In this connection, the 
Pacific Group wishe d to reaffirm  the importance of the rules -based multilateral trading system as 
providing the stability and predictability that it needed for global trade.  
4.226.   Despite the setback in the overall preparations, the Group would continue to work towards 
a meaningful development  outcome at MC11 on specific areas.  
4.227.   On fisheries subsidies, the Group welcome d the progress that was being made to deliver 
an outcome at MC11. Fisheries was one of the few, if not the only, resource sector for members of 
the Pacific Group that relied  heavi ly on it, for food , livelihood securit y, and economic development. 
The Group remain ed committed to advancing this work in line with the WTO mandates and SDG 
14.6. A meaningful outcome for the Group would include disciplines on harmful subsidies such as TN/C/M/38  
 
- 35 - 
 
  to IUU fishing and overfished stocks and appropriate S&DT that allowed  small island states like 
theirs which ha d under -developed fisheries, to develop their fisheries sectors.  
4.228.   On development and S &DT issues, the Group expresse d disappointment at the lack o f 
progress on the proposals submitted by the G -90. These proposals had been aimed at promoting 
value addi tion, economic diversification and industrialization of their economies. Despite the 
various reaffirmations made in every ministerial conference on the  centrality of development, and 
that S&D T should be an integral part of the negotiations, Members remain ed inflexible in 
addressing this issue.  
4.229.   The Group was also concerned that the issue of development, including the link between 
trade and development, no w seem ed to be in question by some Members  in the WTO.  
4.230.   Like many Members, those  of the Pacific Group  had always considered that trade was not 
an end in itself, but an engine for development. This was enshrined in the Marrake sh Agreement 
establishing the WT O. This was also reflected in the SDG s - Agenda 2030. Trade was not a 
standalone goal, but an enabler to achieving many of the 17 goals. The Group therefore  wished to  
reaffirm the crucial importance of development in the work of WTO.  
4.231.   With the limited time available towards MC11, the Group remain ed positive and willing to 
continue to work with Members in advancing the few areas which  might  be possible to deliver  on 
at MC11, and to developing a work program me on the remaining issues for post -Buenos Aires. It 
thanked the Chairman  for outlining the importance of maintaining a transparent and inclusive 
process at the Buenos Aires.  
4.232.   The representative of Cambodia , speaking on behalf of the LDC Group , thanked the 
Chairman and n egotiating  group  Chairs for their comprehensive reports.  
4.233.   At the upcoming MC 11, the LDC Group wished  to have a ministerial declaration as an 
important outcome document. This had to  be done on a transparent basis. The Group support ed 
Argentina as the host of the conference and other Members who ha d expressed their positions on 
this matter. At the upcoming ministerial in Buenos Aires and beyond the Group  stress ed the need 
for effective and operational implementation of decisions such as on duty free, quota free ( DFQF ) 
market acce ss, services waiver, rules of origin and cotton. Its assessment was that 
implementation so far had been  less than satisfactory. It hoped  that all developed Members would  
come forward to demonstrate how they ha d implemented the decisions in favour of LDCs.  
4.234.   LDCs need ed to obtain solid and concrete results to allow them to better integrate into the 
multilateral trading system . Therefore, the Group call ed on Members to do their utmost to respond 
to the LDCs' submissions, priorities an d concerns in the negotiati ons. 
4.235.   On S &DT, the Group wished to take this  to Buenos Aires for m inisters ' 
discussion/consideration. It urged Members to constructively engage in the discussions so that 
they c ould find solutions, which were acceptable to all and resolve this longstanding issue during 
the Ministerial meeting in Buenos Aires.  
4.236.   On fisheries subsidies , at the ministerial conference in Buenos Aires, the Group wished  to 
see an agreement on subsidies disciplines that prohibit ed certain forms of fisheries that 
contribute d to IUU  fishing , overfishing and overcapacity including effective and operational S&DT, 
in accordance with the Doha , Hong Kong Ministerial mandates, and SDG 14.6 to achieve the 
objectives set by the international community . 
4.237.   On cotton, t he Group wished  to see an agreement . 
4.238.   With regard to preparation of the outcome document for MC11, the Group applauded  the 
GC Chair and his facilitators for the inclusive and deliberate drafting work before discussions were 
stopped.  The Group  was concerned about attempts to dilute core pri nciples of the Marrakes h 
Agreement or any other agreement to diminish the development component of trade, principle of 
S&DT, and the commitment of all Members to the multilateral trading system . The LDCs ha d 
subscribed to the multilateral  trading system and rel ied on efforts and initiatives to better 
integrate them into th is system.  TN/C/M/38  
 
- 36 - 
 
  4.239.   The representative of Norway  thanked the Chairman and the Chairs of negotiating groups  
for their reports. He also thanked the Chairman  for the outline he had presented on the process in 
Buenos Aires, including the appointment of facilitators. His delegation supported  the approach 
outlined.  
4.240.   It was important that all Members heard how the Chairs assess ed the status within their 
different areas of work so Members c ould get a common understanding of which incremental 
results they might  harvest at MC11 and which results were not within reach at this ministerial 
conference.  
4.241.   Norway continue d to stay engaged in the negotiations on fisheries subsidies and saw a 
partial result to implement SDG 14.6 in the WTO as doable in Buenos Aires. It knew that it would  
not be easy and there were several stumbling blocks, but if all Members were committed to 
reaching results, an outcome that cover ed more than eliminating su bsidies to IUU fishing was not 
impossible. This would be good for the environment, development, food security of developing 
Members, trade and the multilateral trading system.  
4.242.   A permanent solution for PSH was the other issue where his delegation  continue d to have 
particular hopes for success. Together with Singapore, Norway ha d put forward a proposal, which 
it believe d could serve as a basis for reaching consensus.  
4.243.   Norway was among the proponents of moving forward on domestic regulation  in services 
and achi eving one locus for advancing future work on e -commerce. It had  listened to the views of 
others and realize d that Members ' opinions were divided. As his delegation saw it , making 
headway here could improve transparency and predictability, which c ould in turn facilitate all 
Members ' partic ipation in international trade.  
4.244.   Norway assesse d the CTD SS negotiations in the same light. Taking on commitments, 
improving framework conditions through a trade regime that was open and predictable c ould help 
attract foreig n direct investment, improve economic growth and contribute to sustainable 
development. Trade policy could not  achieve this on its own. It had to be complemented by other 
domestic policies in areas such as education, social safety nets and tax reform. This  was necessary 
to leave no one behind.  
4.245.   As others, his delegation  regret ted that Members had not been possible to reach 
consensus on a  draft ministerial declaration.  
4.246.   All Members wished  to make MC11 as successful as possible. Pragmatism, realism and 
political will were called for. The room for manoeuvre was limited by Members ' deep red lines. As a 
strong supporter of the multilateral trading system, Norway would  do its part to help shape  future 
work in the W TO beyond Buenos Aires.  
4.247.   In challenging times for international trade, all Members  needed more than ever a vibrant 
WTO that adapt ed to changes in the global economy in terms of digitalization and global value 
chains, a vibrant WTO where  trade rules were negotiated, implemented and enforced and a vibrant 
WTO where trade disputes were solved peacefully through a functionin g dispute settlement 
mechanism.  
4.248.   He wished to make  a few remarks on the paper presented by the African Group at the 
present meeting . Delegations had just received this document. Nevertheless, he wished to provide  
a few preliminary reflectio ns. The communication raised  a number of question s with regard to the 
rules of procedure for the Ministerial Conference. At first sight,  some of the proposals being 
presented seem ed to entail a deep rewriting of the currently agreed rules of procedure for 
ministerial conferences. Members had  to remember their recent experience. Both for the Bali and 
the Nairobi ministerial meetings, it had been political level discussions that  had made Members  
succeed. Members should  not preclude that possibility for the meeting in Buenos Aires.  
4.249.   The representative of Uruguay  thanked the Chairman and the Chairs of negotiating bodies 
for their reports . He also express ed gratitude for the proposal in document JOB/GC/158. However , 
he did not believe that this was the best time to engage in a discussion on that proposal in view of 
the fact that , as had been pointed out by other delegations –this proposal  – which he reiterate d TN/C/M/38  
 
- 37 - 
 
  deserve d discussion  – would presuppose at this stage a change in the rules that ha d been followed 
by the organization in a series of ministerial conferences. He believe d therefore that Members  
would bring about a change in the way they had conducted their business up until the present.  He 
was not saying that th is could not necessarily be done , but he believe d that it called for further 
and more profound discussion by the Membership which only a week or so before Buenos Aires 
was somethin g Members were  not in a position to do . 
4.250.   It was true to say that there were differences between Members . It was true to say that 
Members had  mandate s to be fulfilled on the various topics under discussion in th e organization 
and on a topic of great importance to Uruguay – agriculture  – there was a mandate under the AoA 
that ha d been in place for more than 30 years . Members had been  called upon to continue to make 
progress on agriculture negotiations. There was no doubt that Uruguay  had been patient . But since 
Members had differences , they had to find solutions to try and overcome the m. It was for this  
reason that together with other Members , for example , Uruguay  had submitted  a proposal on 
domestic support also in cluding PSH –not so much  as a means of linking topics which as had been 
said by certain delegations should not be linked  – but rather as a way of contributing in a creative 
way to taking into account the interest of the whole Membership. These were the top ics that ha d 
their respective mandates or remits and where the WTO needed to find a solution and on which it 
had in the spirit of creativity made a proposal.  
4.251.   Not only did Members  have differences . There were also areas of common understanding .  
Some of those that ha d been expanded upon during the present meeting included  transparency 
and inclusiveness. He believed that these were values that all Members  share d. He did not believe 
that Members should pre judge anything and assume at this stage that those v alues would not be 
present at the c onference  in Buenos Aires. His delegation would be led by its minister  at the 
conference . Ministers were the highest level of political decision making in each Member . He said 
that delegations might have differences ; they  might get bogged dow n on some occasion s into 
political discussions  – but what better , than to have in place the highest political decisions makers 
to address and overcome Members'  differences  – if they could be addressed . He asked  who was 
better than the first line political decision makers to commit to these issues. He believe d that 
contrary to what might be supposed , the presence of delegations led by the highest level of 
political decision makers offer ed an excellent  opportunity to come up with tangible  solutions on the 
various topics that Members had  on the table. It was not an absolute watertight guarantee but it 
offered an opportunity that delegations  should not overlook at a time where he believed they 
should be pulling out all the stops to ensure that the multilateral trading system c ould continue to 
be relevant  – which was something that all Members were interested  in. If the multilateral trading 
system continue d to be relevant there was a need for Members to come up with a result . 
4.252.   The representat ive of Brazil  said that as Members  approach ed one more ministerial 
conference during the Chairman's  tenure, his delegation took  this opportunity to express its 
continuous appreciation for the Chairman's  skilful coordination of Members'  negotiating agenda. It 
also thank ed the Chairman  for outlining his ideas on the organization of Members' work in Buenos 
Aires. He was  following through on his commitment to make sure that this ministerial was inclusive 
and transparent.  His delegation also thank ed the Chairs o f negotiating groups for their reports and 
efforts to identify elements of convergence.  
4.253.   Members had  often referred to the so -called "moment of truth ". If it were today, Members 
would  have to say that the picture of possible outcomes in Buenos Aires  would  not look 
encouraging at all.  With the possible exception of one or two items, negotiations in Geneva ha d 
reached their limit. This seem ed to be the case in agriculture, for instance, despite the tireless 
efforts and extraordinary en gagement on the part of  the CoA SS Chair, Ambassador Karau.  
4.254.   This observation coincided  with the Chairman's  assessment, that Members would  not see 
much progress in terms of agreed outcomes in Geneva, before leaving for Buenos Aires. But 
Members'  should not yet be ready to give up . They owed themselves, and the system, a final effort 
in Buenos Aires. Moreover, his delegation believed  that ministers, if they so wish ed, could not  be, 
and should not be, denied the opportunity to discuss Members'  differences at their level. As one 
delegation  had stated, Members  should not fear to face their differences.  
4.255.   In this context, he mention ed some of Brazil 's main perspectives on its negotiating 
agenda. In agriculture, he would  repeat the messages his delegation had  conveyed at the CoA-SS 
meeting  the previous day . Balance and symmetry  were needed between the three core pillars  of TN/C/M/38  
 
- 38 - 
 
  domestic support, cotton and PSH. In terms of mandates, none of these issues took precedence 
over the others. All of them ha d equally strong mandates. One of them was anchored in the AoA 
itself, as the Ambassador of Uruguay had just reminded Members . 
4.256.   As his delegation had  stated in  the CoA SS the previous day , as even a first, modest 
outcome on domestic support and cotton remain ed elusive, it bec ame increasingly challenging for 
Brazil to support a stand -alone result in PSH.  However, it was  hopeful, although not optimistic, 
that Members would  still engage, in Buenos Aires, on a possible outcome on domestic support and 
cotton, albeit a modest and incre mental one. Brazil remain ed open to approaches that could result 
in a balanced outcome on the three core issues in agriculture. Besides its joint proposal, 
JOB/AG/99, it saw merit in elements of other proposals on the table.  
4.257.   Brazil would  continue to suppor t an outcome on fisheries subsidies. It appear ed to Brazil 
that negotiations should focus on IUU fishing and overfished stocks, a s maybe a first step only, 
with a commitment to address ing the remaining issues by the Twelfth WTO Ministerial Conference 
(MC12 ). By the end of th e present  week, it would know more on the possibility of a deliverable.  
4.258.   Brazil 's perspective regarding the remaining issues on the table ha d not changed since 
Members' last meeting in October. E ssentially, it could  go along with the leve l of ambition that 
might be acceptable for the Membership. In any event, development perspectives had always to 
be present.  It had engaged constructively, across -the-board, on all issues on the table, with 
textual proposals even on files in which it was  not a demandeur. It regretted  that this kind of 
engagement had  not been reciprocated by many Members.  
4.259.   He wished to underscore, again, Brazil's priority to MSMEs and investment facilitation. 
Brazil and other Members ha d been highlighting their interest in the se issues with utmost 
transparency. They looked forward to achieving consensus on launching post -MC11 multilateral 
processes.  
4.260.   In document JOB/GC/147 /Rev.1, the members of the Friends of MSMEs had circulated a 
draft ministerial decision t o establish a w ork programme on MSMEs. His delegation associate d 
itself with the statement by the representative of Chile on behalf of the Group, and with the 
purpose of elevating this proposal to the consideration of the Ministerial Conference.  
4.261.   Similarly, in document JOB/GC /159 the FIFDs had  circulated a draft ministerial decision, 
with the goal of launching a structured discussion on investment facilitation. He emphasized  
"facilitation " – not market access or protection  or investor -state dispute settlement ( ISDS) – 
"facilit ation" only. This was  different from "investment " as a Singapore issue. He also  express ed 
his delegation's  support to the statement on behalf of the Group by its coordinator, the 
representative of Argentina, and in particular to the purpose of elevating th is proposal to the 
consideration of ministers in Buenos Aires.  
4.262.   On these two issues, MSMEs and investment facilitation, he echoed what ha d been said by 
other proponents. They wished  to promote a discussion in Buenos Aires. Even if they might  not 
anticipate a consensus on a possible decision, they still  believe d that a discussion among ministers 
would be meaningful. In any event, they would  continue to favor a multilateral approach to 
promote these two topics. They believe d it was essential to seek guidance f rom ministers on both 
issues. He congratulate d, and thank ed, A mbassadors Casanueva, Cima and Zhang for their 
outstanding efforts to promote consensus around these two subjects.  
4.263.   He concluded his statement with a reference to the outcome d ocument exercise. B razil 
regretted  that Members  could not conclude the drafting process of a ministerial declaration, 
despite what had seemed to be at one point a real possibility of accommodating the aspirations 
and concerns of all Members. In any event, Members should retain the encouraging attitude of 
pragmatism, self -restraint and mutual respect on the part of Members  that had been  involved in 
the drafting exercise.  
4.264.   But now Members had to look ahead, remain focused and continue to look forward t o an 
outcome document t hat showed  the relevance of the WTO. His delegation would  support the 
endeavo urs, and the judgement, of the Argentine presidency.  TN/C/M/38  
 
- 39 - 
 
  4.265.   The representative of Colombia  thanked the Chairman and the Chairs of negotiating groups 
for their reports . With the Ministeri al Conference in Buenos Aires around the corner, his delegation 
wished  to reaffirm the importance of defending the multilateral trading system and its institutional 
structure as a global public good that was vital for generating inclusive economic growth. Moving 
forward with concrete results was part of what it expect ed from this ministerial event, where it 
hoped the WTO w ould preserve its relevance. While it was clear that all  Members  had interests to 
defend in Buenos  Aires, they all had to have a higher a nd long -term common interest, which was 
to preserve th e Organization and strengthen it with a view to the future.  
4.266.   His delegation  called upon all Members to be pragmatic and realistic, harvesting the 
outcomes that  were possible in Buenos Aires and establish ing, as clearly as possible, the path to 
take post -Buenos Aires, while trying to maintain and improve what Members had  achieved in the 
not so distant past at the past two ministerial c onferences.  
4.267.   His delegation specifically wished to highlight the progress  made and challenges faced in 
the run -up to MC11 , and Colombia's expectations in this context. In the past few weeks, the 
negotiations on disciplining fisheries subsidies ha d not only resulted in a rules document for the 
first time in more than 15 years, but delegations ha d also moved on to specific texts on subsidies 
for IUU fishing and overfishing, all of which enable d them to begin visualizing a concrete outcome.  
4.268.   His delega tion was  pleased to see that Members ha d moved forward showing their 
determination to honour the mandate laid down by their Heads of State in S DG 14.6. There were 
significant challenges to be met in these negotiations, but the political will d id exist, des pite 
difficulties. His delegation r eiterate d that in those areas where it was not possible to reach 
agreement, Buenos  Aires was not the end of road, but an additional stage, and it was important to 
maintain a high level of ambition beyond this ministerial conference in order to achieve results 
before 2020, in accordance with the 2030 Agenda mandate.  
4.269.   In agriculture, he reiterate d that Colombia gave priority to outcomes within the WTO 
framework, and it could not  imagine a ministerial conference without any progress in this area, in 
particular on domestic support. It felt  positive about recent developments, which  had enable d 
Members  to see the possibility of convergence between different positions.  
4.270.   He reiterate d his delegation's interest  in working on the basis of a proposal that offered  a 
comprehensive, balanced, incremental and realistic approach that would enable Members  to 
establish a framework to reduce distorting domestic support, find a permanent solution on PSH, 
and achieve a prio rity outcome in respect of domestic support for cotton.  
4.271.   In services, Colombia was a developing country demandeur for domestic regulation 
disciplines. It would  continue working with all interested Members with a view to engaging in 
in-depth discussions at m inisterial level in Buenos Aires. It hoped  that this w ould lead to a 
concrete and satisfactory outcome for all Members, in accordance with the mandate of the GATS.  
4.272.   As regards intellectual property, he expressed his delegation's appreciation for the efforts  
made by the Chair of the TRIPS Co uncil to bridge the different positions of Members on the 
extension of the moratorium on non -violation and situation complaints . It believe d that thanks to 
her work there was now certainty as to the positions of each Member and their implications for the 
Organization. His delegation  looked forward to resolving this matter before Buenos Aires.  
4.273.   Regarding e -commerce, it maintain ed a high level of ambition as to the possible outco mes 
of the Ministerial Conference. Colombia was currently improving its  exportable supply of goods and 
services through electronic means and it was  convinced that the WTO was the most appropriate 
place for in -depth and substantive discussion on multilatera l rules that create d predictability for 
businesses, and opportunities, in particular for its MSMEs . It was  open to continuing constructive 
discussion in the run -up to Buenos Aires, but also believe d that political dialogue at the highest 
level would  help t o bridge the differences between Members, with an important consideration 
being the role of e -commerce in development. Members could not  carry on turning their backs on 
an issue that was so important for maintaining the relevance of the WTO for their count ries' 
businesses and that represent ed one of the best opportunities for the creation of new jobs.  TN/C/M/38  
 
- 40 - 
 
  4.274.   Similarly, as a member of the Group of Friends of MSMEs, it support ed the work plan that 
sought  to create a forum for discussion and formal analysis within th e WTO to facilitate and 
strengthen the participation of MSMEs in international trade, taking into account the development 
dimension and the search for ever more inclusive trade.  
4.275.   It also wish ed to reiterate its interest in pursuing the discussions on invest ment facilitation, 
but in a more structured manner. It believe d that the Ministerial Conference was the appropriate 
forum for providing guidance on this matter, particularly given Members' growing interest in the 
informal dialogue launched by the FIFDs  Group. It hoped that ministers would  map out a clear 
path for continuing the discussions within the Organization after Buenos Aires.  
4.276.   Colombia was in the process of consolidating peace and saw itself as a dynamic economy 
in the multilateral context. Peace -building, the inclusive growth of its economy and its growing 
integration in global value chains went hand-in-hand with a strong and stable institutional 
framework that it expect ed from the multilateral trading system. Its hope and belief was that the 
Ministerial Conference in Buenos Aires, the first in South America, would  convey a message that 
favour ed the strengthening of the multilateral  trading  system and deliver ed concrete outcomes in 
the different areas of negotiation.  
4.277.   The representativ e of Chile, speaking on behalf of the Informal Group of Friends of MSMEs 
at the WTO , said that t he Informal Group of Friends of MSMEs had been  launched six months ago. 
In its first General Council statement on 18 May, the Group – then composed of 19 Member s – had 
expressed i ts willingness to work together to make trade more inclusive by supporting MSMEs' 
greater integration into global trade. MSMEs account ed for 90 per cent  of enterprises and almost 
70 per cent  of jobs globally, but represent ed only a small  share of international trade as few of 
them export ed directly.  
4.278.   From the beginning , the Group ha d been inclusive and open to all Members. It had  
encouraged the participation of all WTO Members in its activities and discussions.  
4.279.   From 19 members in May, the Group ha d now grown to 39 members, counting the EU as 
one. They were  developed and developing economies, LDCs, large and small economies, and 
members from different regions of the world. Its members were: Afghanistan; Albania; Argentina; 
Brazil; Brunei Darussalam; China; Chile; Colombia; Costa Rica; the Dominican Republic; Ecuador; 
El Salvador; the European Union; Guatemala; Hong Kong, China; Honduras; Israel; Japan; the 
Republic of Korea; Malaysia; Mexico; Montenegro; the Republic of Moldova; New Zealan d; 
Nicaragua; Pakistan; Panama; Paraguay; Peru; the Philippines; Qatar; the Russian Federation; 
Singapore; Switzerland; Chinese Taipei; The former Yugoslav Republic of Macedonia; Turkey; 
Uruguay and Viet Nam.  
4.280.   Since May, they had  organized various meetings and workshops open to all Members. Five 
open-ended meetings had been  held to discuss and foster the participation of MSMEs in regional 
and global markets – one on  the first United Nations MSME d ay, two in July, one in October and 
one in November.  During th e Public Forum a number of events related to MSMEs had been  
organized, one of which had been  the working session convened by the Friends of MSMEs called 
"The case of MSMEs in inclusive trade for sustainable development. " On 31 October, national 
experts fro m Asia, Africa, the Middle East, Latin America, North America, and Europe, as well as 
experts from regional organizations and other multilateral organizations, had participated in a 
workshop entitled "How to Support MSMEs: Sharing of National, Regional and  Multilateral 
Experiences, " in order to exchange views and experiences about how best to support the 
integration of MSMEs into international trade. All of these activities had been  well attended. They 
had provided opportunities to substantively discuss the  issue of MSME' participation in 
international trade and had been essential in helping to identify possible ways forward to support 
MSMEs in the context of the WTO.  
4.281.   The Group ha d submitted a proposed text for a ministerial decision on the establishment of 
a WTO work programme on MSMEs, which was to b e presented at MC 11 in Buenos Aires. This 
proposal had been  circulated in document JOB/GC/147 on 30 October. The Group had  circula ted 
the document JOB/GC/147 Rev 1 the day before , which  had included new co -sponso rs. An informal 
open-ended meeting had been  called on 6 November to present and discuss this draft with all TN/C/M/38  
 
- 41 - 
 
  interested WTO Members. More than 60 delegations participated in this open -ended meeting. 
Discussions had been  positive.  
4.282.   Ambassadors and experts fro m the Group ha d also reached out to other delegations on a 
bilateral basis. Most Members outside of the Group ha d been contacted directly by the Group  with 
the intention to present its ideas and the proposal, and to re ceive comments and suggestions.  
4.283.   The dr aft Ministerial Decision call ed for the establishment of a work programme and a 
working g roup to have a form al space in the WTO in order to look more deeply into the issue of 
MSMEs, and to identify horizontal and non -discriminatory measures that could benefit MSMEs in 
internati onal trade, taking into account the special needs of  developing countries and LDCs.  
4.284.   The work p rogramme w ould be of an exploratory and analytical nature. Members w ould be 
the ones to decide what to discuss within this new formal sp ace and w ould determine how the 
WTO c ould best support MSMEs.  
4.285.   The proposal was not seeking to launch a new negotiation . It would not be for rule -making 
and ha d no intention of creating a new category. It w ould not replace existing WTO committees. 
Rather, i t intend ed to strengthen work on this important issue by better structuring discussions in  
a mutually reinforcing manner.  
4.286.   The Group was proposing these steps because it believe d it was important to support 
MSMEs, and their crucial economic role in all econ omies. It believe d that it was by working 
together that they could best support MSMEs ; helping them grow and develop, and ultimately 
contribute even more to economic development, job  creation and inclusive growth.  
4.287.   Speaking o n behalf of Chile , he thanked th e Chairman  for his report and for the guidelines 
with a view to organizing Members'  work in Buenos Aires. He also thanked  the negotiating group 
Chairs for their efforts in seeking substantive agreements for the c onference. He reiterated Chile's 
willingness  to contribute to the success of MC11 from the political and technical standpoints – with 
the participation of its president and its minister, accompanied by a highly skilled delegation. It 
was prepared to w ork both before and during the c onference in orde r to secure the agreements 
that w ould make it possible to drive the outstanding issues forward, to create openings to 
strengthen the WTO's capacity to address emerging issues . This could further promote inclusive 
and equitable international trade marked by  legal certainty and centred on environmental and 
socially sustainable development, and strengthen the regulatory pillar of the Organization, 
especially the dispute settlement system, which was under threat at present on account of the 
complex situation fa cing the Appellate Body.  
4.288.   There were differences as well as complexities involved. Nonetheless, his delegation was  
confident that under the leadership  of the Chairman and that of Minister Susana Malcorra the 
necessary consensus w ould be achieved, with flexi bility on the part of all Members in reaching the 
requisite level of convergence.  
4.289.   The representative of Panama , said that Ambassador Sperisen  (Guatemala) coordinator of 
the SVEs Group  was absent and ha d asked him to deliver  this statement on behalf of the SVEs 
Group . 
4.290.   The Group thanked the Chairman and Chairs of negotiating groups  for their reports . It was  
supportive of a positive outcome for this ministerial. The G roup had participated activel y in the 
drafting group and would  engage further at MC11 to ensure that its interests  were well reflected.  It 
wished to remind Members that after difficult negotiations at MC10 they had  managed to find a 
balanced language that  had reflected the interests of SVE's and accommodat ed concerns  
expressed by other M embers. The Group emphasise d the importance of the inclusion of its interest 
in any outcome document at MC11. It recommend ed using the MC10 language as a basis as it was 
already agreed language . This was paragraph 26 of the Nairobi Declaration  which read  "We 
reaffirm our commitment to continue to address in every area of WTO work in a substantive and 
meaningful manner , the needs of small , vulnerable economies (SVE's) and to favourably consider 
the adoption of such measures as would faci litate their full integration into the multilateral trading 
system.  We will tak e into account the needs of SVE s in all areas of negotiations , without creating a 
sub-category of WTO Members".  TN/C/M/38  
 
- 42 - 
 
  4.291.   Speaking on behalf of Panama , he associate d his delegation with t he statements  delivered 
by the Friends of MSMEs , Article  XII and G -33 groups . He wished to echo those delegations that 
had indicated that they ha d hope for achieving outcomes on various issues including in fisheries  
subsidies  and e -commerce in the minister ial with a consensus based document and progress post - 
MC11 with extensive negotiations under the services agenda. His delegation trusted  in the 
leadership of  the Chairman and the  Chair of the Ministerial Conference to achieve a successful 
ministerial conference . 
4.292.   The representative of Australia , thanked the Chairman for his comprehensive report and 
the Chairs of negotiating groups for their detailed reports and their work throughout the year.  
4.293.   Firstly, on the process issues relating to MC11, her delegati on support ed the Chairman's  
ideas on the organisation of work outlined at the meeting , including the appointment of facilitato rs 
and the holding of informal Ho Ds meetings.  
4.294.   On substance, since the October meeting, there ha d been a lot of effort and engageme nt 
across a wide range of topics as all  Members had  worked hard to take  forward key issues for 
MC11. While some progress ha d been made, such as in fisheries s ubsidies, in most other areas 
discussions ha d revealed persistent and substantive differences.  
4.295.   Only the past  week, Members'  collective efforts to draft the first part of a ministerial 
declaration  had ended without agreement. Without a doubt, this was a  challenging time for the 
WTO and its Members.  
4.296.   In October, she had  pointed to MC11 as an opportunity f or Members to define a way 
forward for the WTO which built  confidence in the future relevance of the organization for i ts 
stakeholders and demonstrated  that the WTO was responsive to the needs of all its Members.  
4.297.   Her delegation's  view on the opportunity and importance of MC11 ha d not changed . 
However, with less than tw o weeks until the start of the c onference, Members  needed to focus on 
what could realistically be achieved. They needed to be pragmatic, show greater flexibility and 
concentrate efforts  on defining a pathway forward.  
4.298.   The Chairman  had noted in Vietnam  that - "We need to leave Buenos Aires with Members 
committed to strengthening the trading system, and with a clear path forw ard for our future 
work. " 
4.299.   For Australia, it had  worked hard, in many areas including agriculture, services, fisheries 
subsidies and e-commerce, but, given the differences remaining, it acknowledge d that finding 
consensus would  be challenging.  
4.300.   On agricultur e, its priority was to effectively address problems with the existing rules on 
domestic support and to reduce the trade -distorting impact of domestic support policies, including 
on cotton. It was clear there was widespread support for this goal, but differ ences remain ed on 
how best to tighten and improve those rules.  In its view, setting constraining limits on overall 
domestic support entitlements was the best way to achieve this goal, a view shared by many 
others as  had been  evidenced by nu merous proposals  on the table. It believe d that setting overall 
limits was a realistic next step in the negotiations, and, at a minimum, Members  should lock -in this 
concept at Buenos Aires.   Her delegation would  continue to engage constructively in discussions on 
PSH and new disciplines on export restrictions.  
4.301.   On services, it had been working towards an outcome on domestic regulation that result ed 
in real world benefits for all service suppl iers. Following the Marrakesh i nformal Ministerial 
meeting, Members had  intensified their work on the consolidated text proposal and introduced 
several revisions to accommodate proposals from other Members and address questions and 
concerns, including by incorporating a substantive d evelopment chapter. It believe d that the 
current text represented  a careful balance of ambition and do -ability. It welcome d continued 
engagement across a broad spectrum of the Membership and growing support for the proposal , 
with five additional cosponsors joining the previous week. It looked forwa rd to a productive 
discussion at MC11 on the importance of moving forward on services domestic regulation.  TN/C/M/38  
 
- 43 - 
 
  4.302.   On fisheries subsidies, it had  seen significant progress in recent weeks and welcome d the 
momentum under the guidance of the NGR Chair. It saw  the hi ghest levels of convergence in the 
work on IUU fishing and overfished stocks prohibitions, and on enhanced transparency disciplines.  
Australia was committed to securing a concrete outcome on fisheries subsidies at Buenos Aires, 
and would  continue to work t owards this goal both in Geneva and at MC11 itself.  
4.303.   On e-commerce, it welcome d the increased engagement in recent weeks and remain ed 
ambitious in seeking a decision at MC11 on a new approach to this important topic.  It support ed 
the extension of the existi ng moratorium on customs duties until MC12 and the establishment of a 
new working group capable of addressing trade -related e -commerce issues in a holistic manner.  
4.304.   Australia had co-sponsored a proposal for a ministerial decision for such a body to 
undertak e future negotiations on e -commerce. It was  prepared to be pragmatic and flexible in 
working with other proponents and other interested Members on the way forward. But it had  
strong concerns that, due to differences of view, the Membership could be left wi th a status quo 
outcome that some Members were insisting upon – a status quo which ha d not enabled Members  
to progress or to address this modern trade issue.  If Members were  unable to find consensus on a 
way forward at MC11, then other options  needed to be  considered . It encourage d all Members to 
take a flexible approach on this high -profile issue.  
4.305.   MC11 would  also be an opportunity to take forwar d discussions in areas that had  not been 
the focus of work in recent years, such as how to support MSME 's engagement with international 
trade; framing future discussions on investment facilitation; and WTO institutional issues.  
4.306.   It wished  to work with other Members to improve the functioning of the WTO and s aw 
MC11 as a timely opportunity to consider and evalua te various institutional issues as  had been  
identified by Members.  
4.307.   Australia had co-sponsored a proposal to enhance transparency of regulatory measures for 
trade in goods. A key element of that proposal – the publication on the internet of final SPS and 
TBT measures - would assist MSMEs in accessing information and help to facilitate their greater 
participation in global trade.  
4.308.   It also welcome d proposals to strengthen and enhance transparency, and improve the 
operation and effectivenes s of notification req uirements.  
4.309.   With reference to  investment facilitation, it was  among those Members that saw the WTO 
as a natural and appropriate forum for discussing investment. It was  interested in working towards 
a decision in Buenos Aires that would  guide more focused di scussions on the role of the WTO on 
investment facilitation moving forward.  
4.310.   MC11 was also an opportunity for a genuine discussion on trade and development. Like all 
Members, Australia was committed to helping developing countries, particularly LDCs,  better  
integrate into th e multilateral trading system. It recognise d that the issue of S&DT remain ed 
important for many Members. However, given the significant differences of opinion among the 
Membership regarding proposals on the table, an outcome at MC11 seem ed unlikely. Accordingly, 
it believed  it would be productive for m inisters to engage on the fundamental issues and on how to 
approach this important topic in the future. It welcome d suggestions on how to guide these 
broader discussions and look ed forward to  participating constructively.  
4.311.   In conclusion, Australia believe d a strong, and effectively functioning, multilateral trading 
system was essential for economic stability and global prosperity. In order to reinforce that 
system, Members  needed to show the world that the WTO was capable of updating its rules and 
ensuring they were relevant to the needs of global commerce. It was  committe d to working 
actively to achieving  constructive results at MC11 and engaging  productively with all Members, 
especially th e host, Argentina, to make the c onference a success.  
4.312.   The representative of Israel  said Members had just  heard the reports of the negotiating 
group Chairs. At the outset, his delegation had to express its disappointment about the state of 
play an d took note, with concern , of the charged dynamics, which as the Chairs ' report s, had 
indicated , had  impeded the Geneva process from continu ing constructively in a number of areas TN/C/M/38  
 
- 44 - 
 
  including development and domestic regulation in s ervices. At this worrisome  juncture, being ad 
portes  of Buenos Aires, it ha d been and continue d to be Israel 's view that Members  must not lose 
steam and continue their work. It called upon all Members to approach the current circumstances 
with constructive realism. Even if consensu s currently seem ed elusive in various areas, a number 
of draft ministerial decisions gave Members  a good basis for productive ministerial -level 
discussions in Buenos Aires and in that way, they could take stock of the ir hard work sin ce the last 
ministerial. This held  true for a number of areas in which negotiating proposals continue d to gain 
strong support and as such deserve d ministerial consideration.  His delegation felt  it was necessary 
to emphasise the importance of the negotiating function of  the WTO and call ed on all M embers to 
try and bridge views in the remaining time.  
4.313.   To conclude , he said as WTO M embers , they were all responsible for the maintenance and 
safeguarding  of the WTO's  functions. In less than two weeks their ministers would  gathe r in 
Buenos Aires and the opportunity to make the best of what was on the table was theirs . 
4.314.   The representative of Senegal  thanked the Chairman and Chairs of negotiating groups  for 
their reports. He associated his delegation with  the statements by the ACP, African, LDC and G -33 
groups. His delegation had taken  note of the Chairman's  statement on the process for the 
Ministerial Conference, particularly with regard to the appointment of facilitators and their role as 
well as the provisions to ensure transparen cy and inclusiveness in the discussions and  negotiations 
in Buenos Aires.  
4.315.   His delegation would not dwell on the substance of negotiations or the positions or 
particularly the divergences between Members given that these were well known. In view of these 
divergent positions , as had been  reflected in the Chairs ' reports, it was  of the view that Buenos 
Aires should not, to the extent possible, be a negotiating conference. As such, his delegation  called 
upon Members to focus on those elements where partial progress was possible and to prepare the 
work of the WTO post -Buenos Aires. In this regard development and particularly the priorities of 
LDCs had to  remain at the heart of the future work of the WTO. His del egation had also taken note 
of the fact that the General Council w ould take note of the reports of this meeting that w ould be 
submitted to m inisters in Buenos Aires. With this in mind , if Members continue d to submit to 
ministers proposals with limited chan ce of success , his delegation wished to  underscore in view of 
the possible consequences of this situation for the ministerial agenda , the need to hold the 
conference within the time -frame agreed  upon in order to ensure that Members fully participate d 
in the work in  Buenos Aires . 
4.316.   The representative of Pakistan  thanked the Chairman for his leadership and tireless efforts 
in driving forward the work of th e organization in the build -up to MC11. His delegation  appreciate d 
the reiteration of the Chairman's  commit ment to transparency and inclusiveness. It also wished to  
recognize his assistance in the attempts to draft a ministerial declaration for Buenos Aires and the 
work put in by the GC Chair , various ambassadors and drafting teams.  It also wished to thank the 
Government of Argentina, Minister Malcorra and Ambassador Cima for the effort s they were 
putting in for ensuring the success of MC11. His delegation  further  thank ed Chairs of the 
negoti ating groups for their reports.  
4.317.   It was with disappointment that his del egation had n oted the suspension of the drafting 
process for the Ministerial Declaration. However, it had  heard several delegations express their 
resolve to continue working towards a successful and meaningful outcome for the Ministerial and 
for th e organi zation after Buenos Aires. To that end, it wished  to place on record, its support for all 
those delegations.  
4.318.   In its  view, there were two overarching issues of fundamental importance, without which 
the WTO beyond MC11  might not be relevant for many . One  was multilateralism, and the other , 
development.  
4.319.   Members had built this multilateral trading system together over the past two and half 
decades. It was not perfect but it was the only one which could  correct the imperfections in global 
trade patterns, make gl obal trade more inclusive and allow everyone to reap the benefits of trade. 
It was also only through multilateral engagement that Members could  address the issue of 
development through trade for developing  and least developed economies.  TN/C/M/38  
 
- 45 - 
 
  4.320.   It was i mperative t hat discussions on trade issues in this organization address ed the 
development aspect as one of its primary objectives and motivations. "Trade and Development ", in 
its view were the life line of the WTO.  
4.321.   Trade and development was what ma de the WTO credible.  The vital link between trade and 
development was enshrined in WTO agreements; they provide d special provisions for developing 
countries, which comprise d 80 per cent  of the WTO Membership. The WTO ha d provided more and 
more developing countri es with a seat at the table – where their voice s were heard as loud as any 
other, and they play ed a key role in managing the system, shaping its agenda, and negotiating its 
agreements.  In its view, the development dimension was essential for an inclusive r ules-based 
multilateral trading system.  
4.322.   His delegation believed  that the ultimate aim of trade policy and trade rules had to  be 
poverty reduction, growth, welfare and development that work ed for all Members of the global 
economy.  In very specific terms, Pa kistan could not  support any idea that exclude d development 
from the trade debate or attempt ed to disregard established pillars such as multilateralism.  
4.323.   On agriculture , it had  been engaging positively in all aspects of negotiations. In the 
domestic support  pillar, it felt  that Members  should start by agreeing on an OTDS  cap for major 
contributors based on their AMS.  
4.324.   Pakistan underst ood the need for food security. It had a large population relying heavily on 
subsistence farming and had worked actively to find an inclusive and acceptable solution to the 
issue of stockholding for everyone. With adequate and effective safeguards against its unintended 
consequences for developing countries, it hoped to find an inclusive and mutually accepta ble 
outcome for everyone.  
4.325.   He associate d his delegation with the statement made by Egypt on behalf of NFIDCs and 
reiterate d that NFIDCs should be accorded specific flexibilities within agriculture negotiations in 
order to tackle food security concerns.  
4.326.   As his delegation had h ighlighted in several of its previous statements, concrete disciplines 
on cotton specific issues, especially domestic support were critical for its economy and its domestic 
stakeholders.  
4.327.   He appreciated  the untiring efforts of the NGR's work on f isheries  subsidies , both of the 
Chair and the respective delegates in trying to finalize  a negotiated outcome. His delegation  looked 
forward to a successful outco me on fisheries subsidies in MC 11 and continue d to support the needs 
and interests of  small, artisanal and subsistence fish -farmers.  
4.328.   His delegation had already stated its commitment to development issues in the WTO. In 
this regard, the G -90 proposals on development would  continue to receive its constructive 
engagement and support. Similarl y, on dispute s ettlement, it stress ed the need for breaking the 
deadlock and keep ing the jewel in the WTO 's crown sparkling. Also, on s ervices, it wished to carry 
on its work with delegations.  
4.329.   His delegation  believe d that one of the issues most ripe for discussion at MC11  was that of 
MSMEs. He thanked  the Ambassador of Chile for his dynamic stewardship and coordination of the 
Friends of MSMEs who ha d come up with a balanced and meaningful text as a draft declaration o n 
MSMEs contained in document JOB/GC/147. The proposal ha d his delegation's support and it 
believe d it was an excellent opportunity for the WTO to prove th e perception wrong that, it was an 
advocate of big businesses only.  
4.330.   On investment facilitation , he thanked  Nigeria for organising the fruitful workshop in Abuja 
earlier in the  month. He associate d his delegation with the statement made by Argentina  on behalf 
of the FIFDs  and the proposal contained in JOB/GC/159. His delegation was  keen on identifying the 
common objectives that focus ed on the technical and capacity constraints of developing countries 
in attracting investment and how the participation of developing  countries  and LDCs in global 
investment flows could be ensured. In doing so, it believe d in mo ving at a persistent but inclusive 
pace, leaving no one behind and listening with empathy to the needs and concerns of all Members.  TN/C/M/38  
 
- 46 - 
 
  4.331.   On e-commerce, its position was well known. It was  cognizant of the serious challenges 
hindering  the progress of e -commerce in many developing countries and had consistently called 
for a shared and common digital future for all. It had  taken note of the variety of proposals on the 
table for a draft ministerial declaration at Buenos Aires. It would  continue its work with delegat ions 
to overcome the variance in views. For that, it felt  that picking out the basic elements, common 
across all proposals could be the acceptable way forward. It urged Members to reach an inclusive 
outcome that d id not put at stake their commitment to the multilateral process; and it would 
strongly support solutions geared towards development and addressing the digital divide.  
4.332.   It believe d that it was critical that emerging issues such as e -commerce and investment 
facilitation were widely discussed and debated within the multilateral trading system in order to 
ensure inclusive prosperity and particularly, enhance economic growth and development. It feared 
that by continuing with  the fragmented discussions on e -commerce and investment facili tation, 
Members were  laying the foundations of a divided and fragmented future. His delegation  strive d 
for a shared and common future.  
4.333.   It believe d that the digital economy was the future of the Global South. It c ould be a 
stepping stone for millions at the  bottom of the pyramid. The WTO of the 21st century had  to help 
small economies  and the poor of the World. An analog WTO could not address the challenges of 
digital w orld. He called upon Members to shape the digital economy, before it shape d them.  
4.334.   On the r ules of procedures for the Ministerial Conference, it felt  that there were already 
enough challenges on Members'  plate. Therefore, at this point in time, any changes were neither 
advisable nor helpful.  
4.335.   He co nclude d with a call to Members to show resolve in  this testing time and make sure 
that they secure d a better future for their countries at MC11. Someone had remarked in the WTO 
recently  that, "there is life beyond MC 11". His delegation  believe d that the life beyond MC 11 
should be better than the life before it. 
4.336.   The representative of Sri Lanka  thanked the Chairman for h is report explaining the current 
status and the challenges towards the amount of work ahead of MC11 if Members were  to arrive at 
a reasonable outcome. His delegation also thanked the  Chairs of negotiating bodies for their 
reports on the current status of negotiations on the respective subjects. Members were  left with 12 
days - probably seven  working days prior to their departure for Buenos Aires but there was yet to 
emerge possible landing  areas of negotiations for concrete outcome at MC 11 on th e major subjects 
on the table.  
4.337.   He associate d his delegation with the statements by Guatemala on behalf of the SVEs and 
Egypt on behalf of the NFIDCs. All these statements had focused on S&D T for smal l economies and 
NFIDCs . In addressing why these statements h ad put emphasis on S &DT, he said that countries 
like his  were still struggling in their integration in to the multilateral trading system. On their 
journey , they also undert ook more and more commitments going along with other Members. They 
require d adjustments of their national economies to fulfil these commitments. His delegation  
therefore, wish ed to emphasize the centrality of development with due attention to S &DT 
provisions for small economies in  the WTO negotiating process.  In this regard, it wished to draw 
the attention to paragraph 26 of the Nairobi Declaration where ministers  had reaffirmed their 
commitments to facilitate SVEs ' fuller integration into multilateral trading  system.  
4.338.   With regard to disciplining fisheries subsidies, his delegation noted  that progress was being 
made in the  negotiations and  it was confident in achieving some outcome at MC 11 in line with the 
SDG targets 14.6. However, small island nations such as  Sri Lanka, who heavily depend ed on 
fisheries production for food security, livelihood and nutritional requirements, were count ing on the 
S&DT provisions in any discipline s that might  emerge  from a  consensus ministerial decision.  
4.339.   On agriculture, it was well known that Members were  far apart on each of the major 
pending issues on the  table. Although  his delegation had notice d slow progress due to these 
divergent views, it believe d that all Members  should make every effort to comply with the 
directions pr ovided by ministers at MC10  in Nairobi.  TN/C/M/38  
 
- 47 - 
 
  4.340.   When Members had  prepared for MC10, there had been  at least a small package that they 
had earmarked  as an outcome package. However, his delegation  could not see a similar situation 
for Buenos Aires. Therefore , it was  in agreement with Minister Malcorra that there was life after 
Buenos Aires and Members  should prepare for such a situation where they might  agree on a well 
stipulated work programme to be implemented after Buenos Aires . 
4.341.   Finally, he reiterate d his delegati on's well -known position that it was not its wish to 
convert the ministerial to an extended negotiating forum. However, with the Chairman's 
introductory  statement it believe d that such a situation was unavoidable. In this regard , it wished 
to emphasize the fundamental principles of openness, transparency and inclusiveness in the 
engagements in Buenos Aires, as  the Chairman had  assured delegations . He conveyed his 
delegation's appreciation to the Argentinean d elegation led by Ambassador Cima and the WTO 
secretariat for all preparatory arrangements made for the ministerial meeting.  
4.342.   The representative of India thanked the Chairman for his report and assessment and for 
outlining the organization of work at Buenos Aires.  He also thank ed the Chairs of the negotiating 
groups for their hard work and comprehensive reports.  At the outset, he associated his  delegation 
with the statement of the G -33 delivered by Indonesia.  
4.343.   Members were  now approaching the last General Council  meeting before the forthcoming 
ministerial  conference. During the past six months, considerable effort ha d gone into the many 
submissions and proposals that had been seen in all areas of Members'  work. In recent weeks, 
there had been  further intensification of discussion s. However, there were still wide divergences 
both on substance and approach in many key areas.  
4.344.   Members'  discussions including in the recent exercise of drafting the Ministerial Declaration 
had also highlighted how difficult it was  to reiterate principles that Members had held dear since 
the birth of th e organization. His delegation was  aware that some  Members  had sensitivities but 
they needed to remember that the world 's eyes would  be on Buenos Aires. If Members  
equivocate d, if ministers c ould not reaffirm their commitment to multilateralism, development and 
inclusiveness, if Members  sacrifice d mentioning their guiding principles or agreeing to work on 
ministerial decisions and mandates in their ministerial declaration their silence w ould send out a 
message which  would be louder than words; the echo of which w ould have far reaching 
repercussions on the credibility of the organization, for years to come. Therefore, it was important 
for all Members  to think about how best they could move forward without jeopardising  the 
credibil ity of the system. It was in this context and spirit that he wished to enumerate India 's 
priorities and position on various issues.  
4.345.   Agricultural issues were some of the most important but also among the most complex 
issues in the WTO. A perman ent solution on PSH was a priority for India and a large number of 
Members in th e organisation. A decision on this issue would  signal  the WTO's commitment to the 
UN SDG 2 and the fight against hunger and malnourishment across the globe.  
4.346.   All Members knew that there was a clear mandate and deadline for arriving at a permanent 
solution by December 2017. To fulfil this mandate the G -33 had engaged constructively in an 
effort to arrive at a solution which was practical to implement and also t ook into account the 
genuine concerns of Members. A number of proposals ha d been submitted on this issue. However, 
with the Ministerial only two weeks away , he wished to  reiterate that his delegation  remain ed 
concerned at the excessively stringent transparenc y requirements and safeguards being proposed. 
It recognize d the need for transparency provisions but these had to be within reason and such as 
could be implemented by developing countries. The Norway -Singapore proposal trie d to address 
some of its concerns . As regards safeguards, it believe d that the language in the Bali Decision was 
overarching and any attempts to add more conditions were unacceptable. Further, any permanent 
solution ha d to provide legal permanence through amendment of rules.  
4.347.   He wished to reiterate that the mandate for a permanent solution on PSH flow ed from 
express ministerial decisions and ha d no link whatsoever, with the negotiations on domestic 
support. The permanent solution ha d to be an improvement over the perpetual peace clause. 
Finally, a permanent solution on PSH ha d to be part of any substantive outcome at MC11. For his 
delegation,  it was a gateway issue and it wished to  caution that inability to deliver a permanent TN/C/M/38  
 
- 48 - 
 
  solution at MC 11, might  lead Members  to a failure at Buenos Aires  and irreparable harm to the 
credibility of the WTO.  
4.348.   On domestic support , the AoA provide d considerable space and flexibility to a few 
developed Members to provide huge trade distorting subsidies and further, to concentrate these 
subsidies on a few product s without any limit. This was the mother of all trade distortions in 
agriculture trade and had to be addressed. However, there was too much divergence among 
Members for an outcome on this issue at MC11. Some of the proposals might  further widen and 
perpetu ate the imbalance between developed and developing countries. A post -MC11 work 
programme therefore, appear ed to be the best way forward with c lear boundaries for discussions . 
Any meaningful reform in agriculture had to  first seek to reduce the disproportionately large 
subsidies of the developed countries, address product -specific concentration and there had to be 
no dilution of the S&DT provisions for developing countries. To this end, Members had to begin  by 
first elim inating the most trade -distorting forms of agricultural subsidies, namely, AMS. Its joint 
submission with China –JOB/AG/102  – addresse d this aspect and this issue ha d been supported by 
a large number of developing countries including those from  the G-33 an d ACP groups. Proposals 
that not only expect ed developing countries to share the burden but also reduce the S&D T element 
were not acceptable to India. 
4.349.   On the SSM, the G-33 ha d made all efforts and engaged constructively through successive 
submissions highl ighting the importance of this mechanism for many developing countries. This 
was an unfinished agenda that had to  be addressed as per the decision of ministers in Nairobi.  
4.350.   On cotton , India wished to  express its support to the efforts of the C -4 to achieve 
outcomes in this long pe nding area of the negotiations.  
4.351.   On development , the recent drafting exercise of the Ministerial Declaration ha d brought to 
the fore some fundamental issues. While there m ight be differences on how to achieve the 
objectives of the DDA and Work Programme , there was no ambiguity regarding its status. What 
was even more worrisome was that the centrality of development in the WTO was being 
questioned. India believe d that along with it, a large number of Members in th e organization 
continued to attach significant importance to the development dimension of negotiations in the 
WTO. S&DT for developing countries was a very important part of the WTO 's mandate which 
needed to be carefully preserved without differentia ting among developing Memb ers. 
4.352.   On fisheries subsidies , India was home to two million subsistence fishermen and ha d 
sensitivities on the issue of prohibiting subsidies meant to preserve their livelihood. All the same, it 
had been engaging constructively in the negotiations for disci plines on fisheries subsidies. But, for 
a developing country like India where a large number of small, largely resource poor fish workers 
depend ed on traditional fishing activity as a source of livelihood, suitable S&DT provisions would 
need to be built in  while framing disciplines. Developing countries ha d limited capacity and 
resources and had to  be able to retain policy space for using these. It had also clearly stated that 
since a large number of fisherm en in countries like India carried  out fishing act ivities in the 
national jurisdictions up to the exclusive economic zone (EEZ) , this area should also be excluded 
from the purview of the disciplines as far as unregulated, unreported fishing and prohibition of 
subsidies for overfished stocks were concerned. Moreover, it could not  agree to any disciplines that 
would be in conflict with its existing domestic laws and regulations, both national and at the state 
level.  
4.353.   On s ervices trade, it had engaged constructively and in an open manner with the 
proponents of the domestic reg ulation disciplines under GATS. India had made textual 
suggestions , contained in RD/SERV/145 , in an effort to bridge the wide divergences which exist ed 
in this area. However, it found  that the revised texts circulated by the p roponents ha d not 
incorporated these suggestions; nor d id they clarify issues which ha d been raised by a large 
number of Members including India and the African Group.  It was therefore clear that this 
approach w ould not lead to any fruitf ul results or outc omes at MC11.  
4.354.   India was steadfast in its belief that domestic regulation  issues in isolation w ould have little 
or no impact on trade in services unless specific measures were also taken to address the 
numerous difficulties which service suppliers, particul arly, those of developing countries face d in 
complying with the complex regulatory regimes of developed countries related to recognition of TN/C/M/38  
 
- 49 - 
 
  qualifications. Another area which was extremely vital for promoting trade in services relate d to 
addressing entry r elated 'at the border measures ' for movement of professionals. Its initiative on 
trade facilitation in services  (TFS)  had been  a step in this direction to provide a comprehensive 
basis for looking at all issues of services trade in a balanced and holistic manner. Heeding to the 
Chairman's  call to have a moment of truth and prioritize issues it was  not seeking an outcome on 
TFS bu t propose d that there should be a well -structured post -MC11 work p rogramme on services 
incorporating some eleme nts of the Indian proposal for trade facilitation in s ervices, including 
those related to mode 4, as well as domestic regulation  disciplines as p er the Chair 's reports of 
2009 and 2011. This, it believe d would be the best way to move the services agenda forward in 
Geneva.  
4.355.   For the post -MC11 work programme , it suggest ed the inclusion of TRIPS -CBD to take 
forward mandatory disclosure requirement for g enetic resources and traditional knowledge in 
patent applications along with prior informe d consent and benefit sharing.  
4.356.   On e-commerce , India ha d submitted a draft ministerial declaration on e-commerce in a 
spirit of positive and constructive engagement to  continue the substantive work which ha d been 
done under the exploratory and non -negotiating mandate of the current Work Programme. It was 
its view that Members  should continue to engage in in -depth discussions in the relevant subsidiary 
bodies to understa nd the complex dimensions of e -commerce and also the digital divide which 
existed between the developing and developed countries.  
4.357.   It had  made it explicitly clear on numerous occasions that it would not be open to any 
suggestions for engaging in rule -making  on e-commerce, as it felt  this was highly premature. It 
believe d that  the benefits of e-commerce should not be confused with the gains of rule -making on 
e-commerce. It believe d that rule -making at this stage could lock in the asymmetry and imbalance 
in this area,  with the nascent e-commerce enterprises of developing countries like its own  having 
to compete with global giants with the playing field tilted against them permanently. Further, it 
saw everyday how its MSMEs that had engaged in e -trade face d the unfair market power of 
monopolistic and dominant electronic platforms in pricing of their products. Therefore, it was its  
view that for a large section of the Membership it would be beneficial to continue engagement in 
the existing work programme which  provided  for discussions on all aspects related to e-commerce 
in the subsidiary bodies, as well as periodical review by the General Council. His delegation  could 
not support any attempts to create new structures  or tinker with the existing mechanisms of 
discussions as laid down in the 1998 Work P rogramme on e-commerce.  
4.358.   It had , in its e-commerce proposal, kept a place holder on the moratorium on electronic 
transmission s. It could  agree to an extension of the moratorium for another two years subject to 
two conditions. One, a similar renewal for two years of the moratorium on TRIPS non-violation and 
situation complaints and two, an agreement on the continuation of the Work Programme  on e-
commerce, with all these decisions being taken together.  
4.359.   India ha d on several occasions  explained its reservations on the intr oduction of new issues 
such as i nvestment facilitation and MSMEs in the WTO until issues under the Doha Work 
Programme were addressed. India, therefore, believe d that investment, including investment 
facilitation, was not an issue that c ould be discussed at the WTO and given the sensitives of many 
Members it would not be desirable to seek an  outcome on this issue at MC11.  
4.360.   On MS MEs, India ha d consistently highlighted that the existing rules in the WTO were 
neutral to the size and nature of businesses. This issue remain ed fundamental to the discussion on 
MSMEs. Therefore, there was no basis for engaging on discussions on MSMEs. Co nsequently, it 
believe d that this , along with investment facilitation  was not an area for dis cussing or deliberating 
at the m inisterial or even for a working group or work programme.  
4.361.   India along with many other Members was concerned about the ongoing impasse and the 
inordinate delay in the selection process for appointment of Appellate Body members. India 
believe d that such an impasse could seriously undermine the credibility of th e organisation and 
also affect the function ing of the Appellate Body which was a key pillar of the WTO. Therefore, it 
urged all Members to constructively engage to address this issue as priority.  TN/C/M/38  
 
- 50 - 
 
  4.362.   To conclude, India strongly fe lt that the issue of permanent solution for PSH was a must 
have for it at MC11 as it ha d an express mandate and deadline. This c ould not be held hostage to 
linkages which ha d never existed in the past. It believe d that issues like investment facilitation, 
MSMEs, and gender which did not  have mandates or a place in the WTO shoul d be kept out of 
Members'  discussions at the Ministerial. It also wish ed to highlight that the forthcoming ministerial 
conference was being held at a particularly difficult time and context for th e organisation. This was 
not the opportune time to enter int o contentious and divisive debates by seeking ambitious 
outcomes in e-commerce. It was also important that at the Ministerial , Members had no hesitation 
in reaffirming principles, past mandates and decisions for the continuity of work and credibility of 
the organisation. India also believe d that development was part of the basic structure of WTO.  
4.363.   Finally, he reassured  Members  that India stood  committed to constructively engaging at 
the ministerial for strengthening the multilateral rule -based trading system.  However it believe d 
that only proposals that were mature should be brought before ministers and they should not be 
made to engage in disc ussions related to texts and technical matters.  
4.364.   The representative of the European Union  thanked the Chairman and the Chairs of the 
negotiating groups for their reports. The situation remain ed very difficult with much uncertainty on 
the outcome of MC11. Th is was the last meeting before Members  move d to Buenos Aires. In the 
few remaining days, all Members had to reflect and take decisions in full knowledge of the risk and 
impact of a failure in MC11. Without further constructive engagement, his delegation wa s 
concerned that the worst case scenario w ould materialise in Buenos Aires.  
4.365.   Over the past two years, the EU ha d strived to prepare the ground for concrete results and 
deliverables on key trade issues by putting forward realistic proposals on a number of is sues of 
interest to many Members. Yet it did not see much hope for significant outcomes in MC11 and it 
regretted  this missed opportunity.  
4.366.   This was in particular the case for domestic support in agriculture that all Members had 
agreed was an issue of centra l importance for the WTO. Its joint proposal with Brazil and other 
partners offered  the possibility to take a first step towards a reform on domestic support and 
included a comprehensive solution  regarding public stockholding.  
4.367.   The EU regret ted that Members had not been prepared to engage constructively. Against 
this background, it feared that Members were not ready for any meaningful discussion in Buenos 
Aires. If any progress was to be made it was important that Members  focused on the essentia l and 
refrain ed from che rry picking issues of interest.  
4.368.   Nevertheless, the EU remain ed ready to make a final effort toward an outcome on PSH and 
fisheries subsidies. This was however not enough for a balanced outcome. Other issues of interest 
to Members and  that ha d been discussed for long time in the WTO need ed to be addressed as well 
in MC11. This was in particular true for domestic regulation in services, e -commerce and 
transparency and good regulatory practices on regulatory measures affecting goods and SMEs.  
4.369.   The WTO need ed to be able to deliver new disciplines important for global trade.  These 
three issues therefore had to be given proper consideration in Buenos Aires and the EU insist ed on 
having a proper opportunity to discuss and prepare for concrete outcomes.  
4.370.   On domestic regulation in services, a textual proposal was ripe for agreement and need ed 
to be considered in the context of the ambition of the broader outcome. On e -commerce, a process 
needed to be put in place for proper cross -cutting discussio ns leading to negotiations. Finally 
discussions on enhancing transparency on regulatory measures ha d so far been the victim of 
procedural blockage despite it being a mandated issue. It had to  be given proper consideration in 
Buenos Aires.  
4.371.   In that regard, the EU  welcome d the proposal by the Chairman  and Chairs to organise the 
first round of negotiations and discussion around a set of issues. As he had explained, the EU 
expect ed that the agenda w ould cover all  issues of interest to Members.  
4.372.   In that respect, t he EU was ready to engage in a discussion on development. However, he 
wished to be clear that given the state of discussions of the current proposals, the EU  did not TN/C/M/38  
 
- 51 - 
 
  expect a concrete outcome in MC11 but look ed forward to engag ing on future work post MC11,  
based on a proper analysis of needs and for particular beneficiaries. Again, this w ould need to be 
considered in the context of the broader MC11 outcome.  
4.373.   The EU would call on Members to reflect on the difficulties they faced during the 
preparations of MC11 and to arrive in Buenos Aires prepared to take incremental steps to ensure 
that they could  reach some concrete results in MC11 and agree on the WTO post -MC11 negotiating 
agenda. While the preparations of a ministerial  declaration had been stopped, despite a good start, 
it hoped to see MC11 decisions and work programmes duly acknowledged in a ministerial 
document.  
4.374.   The EU wished to encourage the Chairs of n egotiation groups, the General Council and 
MC11 to continue showi ng flexibility and creativity to steer the work toward concrete outcomes. It 
remain ed committed to work towards a successful MC11. 
4.375.   The representative of Paraguay  thank ed the Chairs of the negotiating groups for their 
reports and dedication, and the Chairma n for his report and proposal. His delegation endorse d the 
format suggest ed by the Chairman in order to facilitate decision -making in Buenos Aires by 
designating five ministers to act as facilitators and present progress  made  daily at HoDs meeting s. 
This was an expeditious, transparent format that permi tted direct involvement by ministers, and 
Members should not forget that it was they who ha d to decide. Members  should not filter out any 
issue no matter how complicated the negotiating process m ight be. This was what transparency 
was about. Members'  levels of decision also involve d recognizing where they had not been able to 
move ahead and taking the opportunity to drive forward what was necessary.  
4.376.   His delegation believe d that the current rules of pr ocedure ha d proven to guarantee and 
would  further guarantee the proper functioning of ministerials. Paraguay would  continue to support 
the strengthening of a rules -based multilateral system. It would  be participating in the Buenos 
Aires meeting at the high est level in order to place on record its support for this institution. The 
entire region, including its private sector, non-governmental organizations ( NGOs ) and media 
would  have their eyes on this meeting. His delegation  viewed this as an opportunity to reaffirm, 
once again, as had been  the case in Bali and Nairobi that  the Organization c ould promote reforms 
geared towards freer and fairer trade affording opportunities for large and small economies a like. 
4.377.   Despite its doubts and uncertainties in the curren t circumstances, his delegation  was proud 
to witness all the work Members had  accomplished in recent months, as well as the commitment 
to and the dynamic nature of their negotiations. It would  accordingly follow and support 
Argentina's commitment to achiev ing a Buenos  Aires Declaration that reflected  Members'  efforts. 
For this and because of this, it had  been preparing and contributing written proposals with a view 
to reaching outcomes on various fronts. It had a particular interest in agriculture, where it believe d 
that reforms need ed to be addressed as a matter of urgency, since the sector was marked by 
limited liberalization and numerous restrictive and distorting measures. It agree d that disciplines 
on distorting subsidies would  be a great step forward in improving opportunities for producers. It 
likewise endorse d a proposal for a permanent solution on PSH , which d id not encourage the 
introduction of distorting subsidies but allow ed Members to apply policies genuinely geared 
towards food security, with clear safeguards so as not to affect the food security of other 
Members. It also support ed and appreciate d the C -4's tireless endeavours in dealing with the 
cotton issue.  
4.378.   There were many necessary reforms to be accomplished in agriculture in order to br idge 
the gap between the treatment afforded to agricultural products and th ose enjoyed by industrial 
goods. The market access pillar would offer more immediate gains for production sectors, and it 
therefore wish ed to ensure the continu ity of work in this area. There ha d been no substantial 
discussions on market access since 2008 despite the existing mandates, and it believe d that 
Buenos Aires could  and had to  reinvigorate or revive those discussions. The work programmes 
could not  simply  reiterate the wording of previous declarations, if these ha d not delivered, or were 
not delivering, clear outcomes. Members  needed to find a formula so that the work programmes 
could boost the discussions and channel them towards realistic, pragmatic and feasible outcomes. 
His delegation  trusted that Members would  find th e necessary creativity in this ministerial 
conference to project the WTO into the future, because the disciplines that they were  seeking were 
designed to facilitate the future, not to r esolve short -term difficulties.  TN/C/M/38  
 
- 52 - 
 
  4.379.   As a landlocked country, it was  constantly attempting to reduce business costs and all the 
current restrictions in the form of tariffs or non-tariff measures (NTMs)  that significantly affect ed 
its producers. These difficulties  had prompt ed it to support initiatives that could  facilitate 
production , diversification, investment and trade. It accordingly encourage d discussions on 
e-commerce, trade in services, investment facilitation, involvement of SMEs , and the 
empowerment of wo men in trade. It hoped that Buenos Aires would  provide the platform for such 
discussions to take place in this Organization.  
4.380.   Lastly, it support ed the concept of S&DT aimed at facilitating the participation of 
developing countries in international trade. Tr ansparency was also a key element in that it 
promote d the predictability of rules and facilitate d negotiating processes. The  Dispute Settlemen t 
Body, the pillar that monitored  proper implementation of WTO a greements, had to be preserved 
and its operation p ermanently guaranteed.  
4.381.   The representative of Mexico  thanked the Chairman and Chairs of  negotiating groups for 
their report s. It was clear that Members  faced a considerable challenge only a few days before 
leaving for Buenos Aires.  
4.382.   The present  context of Members'  discussions was without precedent, and hopes of 
reaching an agreement at MC11  seem ed to be fading. However, for the sake of the Organization, 
Memb ers could not allow themselves to  return from Buenos Aires empty handed. They had to , at 
the very least, reach a clear understanding on the issues they had  been discussing for 17 years –
issues on which a considerable amount of discussion ha d taken place.  
4.383.   Fisheries subsidies was perhaps the most promising issue. Members had to  fulfil the 
commitment they had all  made when signing up to the SDGs , and the consolidated text provide d 
Members  with a good opportunity to do so.  
4.384.   Regarding domestic regulation, significant progress ha d been made at the technical level, 
and it was important to make the  most of the momentum provided by Buenos Aires to obtain 
political guidance from m inisters.  
4.385.   In agriculture, Mexico's priority was still to obtain the most comprehensive outcome 
possible, as had been evidenced by its recent proposal on domestic support. Man y Members fel t it 
was important to consider this proposal, as it sought  to address, in some way, all the aspects that 
were of interest to Members. His delegation  recognize d, with frustration, that achieving major 
outcomes in agriculture was complicated. Ne vertheless, Members had to  ensure that Buenos Aires 
provided  them at the minimum to continue with a future programme on the basis of what ha d 
already been discussed.  
4.386.   At the same time, it was important that Members  establish ed guidelines in Buenos Aires 
for those issues that w ould require further, more structured discussion after the Ministerial, such 
as MSMEs , investment facilitation and e -commerce – issues of great interest to an ever increasing 
number of Members, including Mexico. Time was running out and  Members  urgently need ed to 
reach agreements. While his delegation was  not unaware of the significant differences that exist ed 
regarding the various issues – and it was true that the texts that could be presented at the MC11 
were at varying stages of maturity – ministers deserve d, at the very least, a frank discussion 
where they c ould express their political vision for each of these issues and preferably seek to 
identify minimum agreements or, failing that, provide delegations  with guidance regarding w ork 
after Buenos Aires.  
4.387.   It was the  responsibility  of delegations  to set the stage for such discussion in Buenos Aires. 
Any definition of success at the MC11 would include having this opportunity. Members  could n ot 
shy away from this minimal r esponsibility.  Mexico reiterated  its commitment t o ensuring that such 
discussion took  place and therefore to helping  to define success in Buenos Aires.  
4.388.   The representative of Hong Kong, China , thanked the Chairman for his  report, and for 
outlining the deliberation proces s at Buenos Aires.  With so many issues to handle and so little time 
to spare, careful scheduling and effective arrangements to help Members discuss, decide and 
deliver  were needed . TN/C/M/38  
 
- 53 - 
 
  4.389.   Meanwhile, in Geneva, Members had  only days left for the preparatory work.  She agree d 
with some previous speakers that this was not the best time to introduce major changes to the 
rules of procedures for ministerial conferences, and that Members might wish to focus instead on 
the substantive tasks at hand.  In this regard, she wis hed to  thank the Chairs of the negotiating 
groups for their tireless efforts in trying to build consensus.  
4.390.   Hong Kong, China  was a co-sponsor of proposals in services, e-commerce, investment 
facilitation, MSMEs and t ransparency, and was constructively engaged in other areas of negotiation 
and discussion.  
4.391.   Regarding s ervices, much as her delegation wished to see market access negotiations, it 
agree d that at the moment, broad -based support c ould only be found in domestic regulation.  In 
that connection, it had  seen remarkable progress over the past few months, as the proponents had 
managed to consolidate their proposals into a single text, and more and more Members ha d signed 
on to it.  This was hard-earned momentum that her delegation did not  wish to lose. As a 
demandeur, Hong Kong, China  wanted  to see a meaningful outcome in domestic r egulation at 
MC11. But if Members were not ready for an immediate harvest, Hong Kong, China  would continue 
to work with other proponents to advance the negotiat ions after Buenos Aires, in order to fulfil the 
mandate under GATS Article VI : 4. 
4.392.   On e-commerce, Hong Kong, China sought  a more focused and structured discussion in the 
WTO. It consider ed Japan 's proposal, which it had co-sponsor ed, a pragmatic way to take  the 
Work Programme to a higher level. That said, it was  aware of Members ' diverse interests and 
ambitions, even among the proponents. It was not easy to find a landing zone for all the eight 
proposals on the table, but Hong Kong, China  would continue to s upport efforts to produce a 
minister -ready text, for a positive decis ion to be made at Buenos Aires.  
4.393.   At the same time, Hong Kong, China , as a Member of the FIFD Group, wished  to see the 
discussion on investment facilitation formalised in the WTO.  Many Members, including those 
outside of the FIFD Group, found  the Informal Dialogue useful, and support ed their call for more 
in-depth discussion, so that they could further explore the value that the WTO could  add to 
investment facilitation, and see if t here were gaps to fill in the existing WTO agreements.  Hong 
Kong, China  hoped MC11 c ould make this happen.  
4.394.   As a new member of the Friends of MSMEs Group, Hong Kong, China  support ed the 
statement made by Chile, the group coordinator.  MSMEs form ed the bulk o f businesses in most 
economies, and their successful integration into international trade was essential for many 
Members . The draft Ministe rial Decision that the Group had  circulated would help it  move in the 
right direction, and was one of the concrete ou tcomes that Hong Kong, China  sought  in Buenos 
Aires.  
4.395.   Separately,  Hong Kong, China  was also a co -sponsor of the transparency proposal on 
goods. N TBs posed serious challenges to traders around the world, irrespective of their size. But 
SMEs and MSMEs were often the more disadvantaged, because of their limited capacity in 
accessing information on, and understanding, the regulatory measures in their export markets.  
Modernization of existing rules in transparency w ould go a long way in helping them. Hong Kong, 
China therefore look ed forward to advancing the discussion, even if an agreement was beyond 
reach at this point of time.  
4.396.   So far, she had  been highlighting the specific proposals that Hong Kong, China  was keen to 
pursue, but it did not only seek to promote or defend its own trade interest. It cared as much 
about systemic interests.  Many Members had  found it regrettable that they had been unable to 
draft a consensual outcome document for MC11 in Geneva. Despite tremendous efforts, Members  
could not bring themselves together to pronounce a common vision. Hong Kong, China  shared the 
frustration and disappointment.  
4.397.   Hong Kong, China  was a founding Member of the WTO and a staunch supporter of the 
multilateral trading s ystem . It believe d that not only Hong Kong, China , but all WTO Members ha d 
gained from this system. It was therefore in Members'  common interest to preserve and 
strengthen it.  Hong Kong, China  would not pretend that the WTO was perfect, or that it was free of TN/C/M/38  
 
- 54 - 
 
  troubles.  But if all Members saw value in th e organisation and in the multilateral trading system  
that it embodie d, it would be incumbent upon them to help the organisation rise to the challenges.  
4.398.   For Hong Kong, China , allowing the various pillars of the WTO to fall into d ysfunction was 
not an option.  That was why it did not give up on negotiations which it believe d could  bring about 
improved disciplines and better market access. This was why it had  argued  strongly for Members ' 
engagement in issues such as e -commerce, inves tment facilitation and MSMEs, which would 
ensure that the WTO remain ed relevant to the realities of global trade.  
4.399.   Hong Kong, China  urged for the Appellate Body member selection process to start as soon 
as possible, so that Members did  not risk undermining the dispute settlement mechanism.  It also 
acknowledge d that Members ' development needs had to  be taken into account in different aspects 
of the WTO 's work.  It was important that the multilateral trading system was inclusive and that i ts 
benefits were shared by all. Hong Kong, China  stood firm on all these, because it had  trust in the 
multilateral trading system  and wished  to see it succeed.  
4.400.   She knew success mean t different things to different Members, depending on their 
priorities and ambitions.  But she also  knew that success – whatever it mean t to Members 
individually - would be much easier to achieve if Members ke pt an open mind on issues that were 
important to others. In an organisation where decisions were made by consensus and ofte n 
involve d trade -offs, compromise was the pre -requisite for any kind of success.  This was true for 
decisions made in regular WTO bodies, as it was true for decisions made at ministerial 
conferences.  
4.401.   With less than two weeks between the present meeting  and MC11, one would not expect 
Members ' interests to change drastically, but the interests c ould be balanced in ways that would 
make the overall results more acceptable to the Membership as a whole. So, while solutions m ight 
be hard to find within the individu al negotiation areas, her delegation  remain ed hopeful that 
ministers, taking a holistic view of all the issues on the table would be able to strike a political deal 
at Buenos Aires, to make the Ministerial Conference a success for everyone.  
4.402.   The representative of Costa Rica said he always like d to start his interventions  by asking 
himself why Members  were doing what they were  doing. At th e present  juncture , it felt pertinent 
to revisit the ultimate purpose of Members'  work at the WTO, which was to increase the relative 
degree of peace they could  enjoy as trading nations. The field of peace ha d many parallelisms with 
the field of medicine. Along these lines , MC11 that would  take place in Buenos Aires in less than 
two weeks was equivalent to a vi sit to the doctor. As such, it was important that Members spoke  
frankly with the doctor in order to obtain the most precise diagnosis and therefore kn ew better the 
corrective treatments that m ight be required. It was important that they told the doctor all  the 
pains they felt .  
4.403.   Not all rules were created equal.  There  was disparity between disciplines and obligations 
for different Members in the WTO . This not only distort ed trade but also distort ed the trust that 
was needed for Members  to fix systemic issues that w ould ensure the fairness of any rules -based 
system. Non -compliance with notification obligations was affecting the performance of the 
monitoring function of the Organization. Some resolutions of the Appellate Body were not 
enforceable and depend ed on the goodwill of Members to correct incorrect measures according to 
the rules.  
4.404.   There d id not seem to be a sing le isolated element that affected  the performance of the 
WTO. More likely, it was the confluence of diverse causes that h as led to a general sensation of 
dysfunction that kep t Members  busy trying to figure out a way forward and trying to fulfil the 
Organization 's mission, which was to make global trade smooth, pre dictable, fair and sustainable.  
4.405.   Costa Rica consider ed of high priority for MC11 a few areas of negotiation that it believe d 
could advance Members'  mission by adapting trade policy to the current reality of trade. In 
particular, it referred to e-commerce, MSMEs, investment facilitation and domestic regulation. 
These were 21st century issues and Members had an obligation, as leaders, to move forwa rd for 
the benefit of all.  TN/C/M/38  
 
- 55 - 
 
  4.406.   Last but not least, its top priority for MC11 was fisheries subsidies, a mandate from 
Agenda 2030, adopted by consensus by all Heads of State of the world. This was a serious 
environmental issue that required  trade solutions. He believe d this w ould be the first of several 
environmental issues that w ould require effective trade solutions and it was the WTO, and no other 
institution, in charge of righting these wrongs as soon as possible. The nexus between trade and 
the environment c ould not be overlooked any further, and Members had to start referring to it in 
the WTO as "climate action ", a concept he had  not heard so far. In the same way , that Members 
had heard him say many times before  that regardless of the outcomes, MC11 would  go down in 
history as the digital m inisterial, he hoped that MC12 would down in history as the climate 
ministerial.  
4.407.   On the Chairman's  suggested structure for MC11, his delegation b elieve d that it was a 
convenient way to allow ministers to engage actively in their negotiating capacity to enrich 
discussions towards outcomes for Buenos Aires and beyond.  
4.408.   He wished to conclude wi th an anecdote . When he arrived in Geneva almost three years 
ago, he had  received the following advice to better understand the or ganizational culture of the 
WTO – Members were always negotiating. Every intervention, small talk conversation on the 
hallways , phone call, email, lunch , dinner, interaction, was an attempt to persuade others to one's 
ideas. It had to go without saying that when the ministers of trade of all 164 Members, met at 
their biannual ministerial conference, they  too, would be  negotiating at every turn of the event. 
That was their job description. Therefore, whatever dysfunctions they, trade policy operators, 
could not overcome in Geneva, their ministers w ould have to  deal with in Buenos Aires. It was  
both in the rules and in th e practices of the WTO , and was also  desirable;  in the same way 
Members would appreciate that their doctor sp oke the truth to them and help ed them deal with 
their health issues.  
4.409.   The representative of Singapore  said that MC11 could turn out to be the first opportunity in 
a long while for a real and much needed dialogue among ministers. This had the potential to 
influence positively the quality and direction of work in Geneva post -Buenos Aires.  
4.410.   Her delegation  agreed with the broad parameters the Chairman had  highlighted in his 
statement , in respect of how to structure discussions at Buenos Aires for const ructive ministerial 
discussions – for example on the appointment of minister  facilitators to conduct open -ended  
discussions. Ministers should not be unnecessarily constrained from exercising leadership and 
giving guidance  that they deem ed appropriate as situations develop ed. In this regard, the existing 
rules of procedure for ministerial conferences were adequate a nd sufficient.  
4.411.   She wished to s ay a few words on Singapore's export restrictions and e -commerce 
proposals.  On export restrictions , it had heard what some Members were saying with respect to 
how export restrictions should not be a cherry picked outcome. But her delegation wished to 
encourage Members to reflect on the two key elements of its proposal and judge for themselves 
whether they saw inherent systemic value in what it was seeking to achieve. The first element was 
improved transparency. Singapore  was not asking for new disciplines, neither was it seeking the 
removal of Members'  rights as provided for in WTO agreements.  Rather what it sought was  greater 
clarity so that all Members ha d time to prepare if the sources of food supply were restricted or cut -
off. This was fundamental for the food security of all Members especially developing  Members 
and LDCs who import ed most of their food. The second element was a commitment not to impose 
export restrictions on food purchases by the World Food Programme  (WFP)  for non -commercial 
humanitarian purposes. Some statistics from the WFP were as follows for Member's reflection. 
Fifty-four per cent  of the WFP's  direct expenditure went to Sub -Saharan Africa; 32 per cent to  
North Africa and the Middle East. It was thus sur prising that this proposal c ould not be accepted by 
some Members especially given its humanitarian intent and who it would  benefit. This was 
fundamentally about food security of developing Members and LDCs. There was an opportunity for 
Members  to deliver on this in Buenos Aires.  Members needed to  reflect deeply on whether they 
were willing to sacrifice the needs of the most vulnerable in this context.  
4.412.   Singapore and she believe d the whole Membership , recognise d the importance of the WTO 
engaging  in meaningful work in the area of e -commerce. This was reflected in the eight proposals 
presented by Members from across the development spectrum which share d many commonalities. 
Singapore and proponents were continuing efforts to facilitate a productive ministerial engagement 
in MC11 hopefully by agreeing on a single document for consideration by ministers. They realize d TN/C/M/38  
 
- 56 - 
 
  that time was very short but they would  continue to press on. A consensus ministerial decision 
that provided  clarity on the way forward was possible.  
4.413.   In her capacity as CTD SS Chair  she wished to  bring to Members ' attention that there 
would  be an informal open -ended meeting the next day , 29 November at 11 .30 a.m. A convening 
fax had been  sent out. The meeting was convened primarily for a p reliminary exchange of views of 
any on the proposed questions which ha d been received so far on trade and development issues 
that could help frame ministerial discussion at MC11.  
4.414.   The representative of Kenya  wished to share some joy that was going through his country . 
He believe d that  what affect ed one Member, also affect ed another one. He was  happy to report 
that after four tense months of political engagement in Kenya,  when its constitution had been 
tested to the limit ; Kenya had had two presidential elec tions, both of which the President had won 
but was also taken to the Supreme Court.  He ha d eventually prevailed and had been  sworn i n for 
his second and final term . This touche d on his work in Geneva because , even as he was speaking , 
all of his  fellow ambassadors  from the world,  had been called back to participate in this particular 
event.  He had been allowed to stay and continue with WTO work and he thank ed his Government 
for this, because he believe d it was an important task that Members ha d given him. He would  
continue doing his best despite the odds . 
4.415.   As Brazil had said "n ever give up – the hope may be low, or rather the hope should always 
be there although the optimism may not be as high". He therefore urged Members to get all their 
ministers engaged and  well informed to make the political decisions that they need ed to make in 
Buenos Aires. Most of Members'  challenges at the WTO ended up being fairly political. Once 
political decisions were made some of the technical work was not that difficult.  
4.416.   He thanke d the Chairman f or his statement  which had outlined his perspective on how the 
process w ould be managed in MC11 in terms of advancing the substantive issues for possible 
ministerial decisions . Kenya supported that proposal . He express ed his appreciation  to his co-
negotiating  group C hairs for their reports on the status of the negotiations. Kenya also  express ed 
its appreciation to Members for their intensive engagement since the summer break. Although 
Members had  not managed to achieve tangible convergence , it was palpable on the key issues  that 
the proposals they had been submitted in various negotiating groups , had helped to expound and 
clarify the positions advanced by various Members . He said that t his should make Members'  work 
easier not more difficult.  
4.417.   Given the critical moment in which Members found themselves  in the preparatory process 
it was important that they intensified  their engagement based on what was achievable. This was 
the only way to maximise the limited remaining time before MC11. This w ould also enable them to 
conclude on an incremental basis a principle that they had  established  – working on tho se issues 
that would have attracted substantial process while at the same time accept ing that there would 
be work to be done when they returned in January.  
4.418.   Members  needed to integrate a strong  development content in the substantive outcome.  
They might  have to change some of the doctrine but the princip le remain ed the same. Members 
were trying to achieve something in MC11 but they were also  prepar ing to continue beyond  MC11 . 
This was critical particularly in addressing the challenges faced by developing countries specifically 
those with weaker capacities an d LDC s and thereby facilitating  their integration into the 
multilateral trading system which Keny a believed  in so much.  
4.419.   It was therefore important that Members strive d to promote an open, equitable and 
predictab le multilateral trading system that would  ensure everyone benefit ted from trade as other 
Members had also said . Members'  collective duty therefore should be to continue to strengthen the 
WTO as a rule s-based multilateral trading system. Increased trade would contribute to global 
economic recovery and growth  and in doing so raise the living standards of particularly the less  
developed.  
4.420.   Kenya was looking forward to a successful MC11. This ha d almost been p ledged by all 
Members.  It was  only up to Members  to define what they wanted  success to be.  His delegation  
therefore ask ed Memb ers to be realistic, pragmatic and show flexibil ity in the negotiations.  TN/C/M/38  
 
- 57 - 
 
  4.421.   The representative of Cameroon  thanked the Chairman and the Chairs of negotiating 
groups for their reports. What the Chairman had suggested in terms of the way Members could 
work was interesting and his delegation hoped that this w ould be the way Members proceeded. In 
the Chairman's proposal, the only thing lacking was clarity in the role of the facilitators, the Chair s 
and the process for preparing the outcome document. Several delegations wished to have a 
ministerial declaration.  He asked how this would be prepared . Cameroon wished to be involved in 
any m inisterial declaration  process . He said that even in the case of a Chairs' summary , the 
elements would need to be discussed by Members. This had been the case for MC7, MC8, MC9 and  
MC10  – only that in Nairobi things had happened slightly differently  which was why the Ministerial 
Declaration had left Members somewhat lost with specific interpretations of it  being made . 
4.422.   Cameroon supported the statement by Guyana on behalf of the ACP and Rwanda on behalf 
of the African Group. It wished to make additional comments on various topics both  on substance 
and process. His delegation had heard many Members mention  figures.  Cameroon belonged to the 
largest group in the WTO – the G -90. There wer e 90 WTO M embers  and therefore a majority . 
Every time th is group submitted a text, its proposals had the support of over two -thirds of the 
Members hip. He wished to draw to the attention of Members that this majority receive d no 
publicity at the WTO.  
4.423.   The se cond comment was on  new issues. He believed that  the position of his delegation 
had been consistent  – be it on MSMEs , the identity of which it did not know, or investment 
facilitation whose  meetings had been  suspended, or e-commerce . Members knew  that ther e was 
no mandate for negotiations on these  and that most Members - the majority  – wished to  stick to 
this. 
4.424.   Earlier, he had  heard Norway and a couple of other delegations speak about  what had 
been submitted by the African Group and that these proposals  intended to  completely overturn ed 
the rules . He wished to provide some information in response to these comments. Under 
paragraph 2.1 of the ir text in - JOB/GC/158 and JOB/TNC/64  – the African Group had referred to 
paragraph 1 of A rticle IX of the Marrake sh Agreement . Under paragraph 2.2 , the Group had 
referred to the DDA  and w as basing itself on paragraph s 48 and 49 of Doha Declaration  as well as 
Article IX of the Marrakesh Agreement . On transparency , the Group refer red to document TN/C/1 
which provided  that negotiations " shall be conducted  in a transparent manner among P articipants 
in order to facilitate the participation of all". There was  nothing illegal there. Under p aragraph 2.3 , 
it had referred to  of the same foundation . He c ould add a couple of othe r paragraphs  from TN/C/1  
including "and also in its supervision of the conduct of the negotiations, the TNC should build on 
the best practices established over the past two years with regard to internal transparency and 
participation of all Members. These practices were articulated by my predecessor , Ambassador 
Bryn,  on 17 July 2000  (WT/GC/M/5 7)". Under paragraphs 2.4 and 2.5,  the reference s had been  
provided . He wished to remind those who believe d that the African Group work ed on the margins 
of rules that they need ed to face the fact that if Members were unable  to or had difficulties moving 
forward , it was because  the train of the WTO ha d derailed . The African Group was trying to stay on 
the rails , and yet it those who w ished  to do so , that were being criticised.  
4.425.   There were rules that were clear enough . The ministerial conference met once every two 
years. The  documents  for the conference from the TNC or the General Council needed to be 
submitted six weeks ahead of time . The Group  intend ed to wo rk under the TNC and the General 
Council . The TNC's work according to its rules w as conducted  under the overall supervision of the 
General Council. S o, it was the General Council  that submit ted documents to the Ministerial 
Conference . In other words , all the documents that need ed to be transferred to the Ministerial 
Conference need ed to be put to the General Council  in a clear manner . There had to be a list of 
those documents that were going before ministers – and th is had not been the case.  
4.426.   Probably Members had  in the past  started getting into habits which ha d become the 
"rules". But, maybe Members  ought to be going back to rules. The rules of procedure explain ed 
that a Member c ould submit a topic that was giving rise to concern but other Members shou ld 
respond positively so as to alleviate those  fears. The fact that every time the General Council  
received  a text did not mean that it should be put on the table of ministers . Therefore, topics 
without mandates should not be included in Members'  discussions . Transparency , which ha d been 
repeatedly stated  and which  had inspired the African Group proposal had made  his delegation  
believe even more strongly in that proposal . TN/C/M/38  
 
- 58 - 
 
  4.427.    Regarding the Ministerial Declaration , the process had not been finalised . Members had 
been unable to move forward . However , his delegation wished  to have an o utcome document  
because it needed a document from which it could develop; move  forward ; and, benefit  from its 
involvement in the multilateral trading system . The content of  the outcome  document was as 
important as the process. Some delegations in particular Uruguay, Norway and others ha d said 
that they want ed the WTO to adapt itself to change. Other delegations ha d said that for the WTO 
to be relevant it need ed to deal with e-commerce. His delegation ha d always said that for the WTO 
to be relevant it need ed to ensure that goods with no value -added  disappear ed from the market s 
and that all countries ha d the ability to become industrialised ; make the most of the rules with a 
view to undergoing structural transformation , diversif ication of  their economies, thereby  allowing 
them to be fully involved in international trade. Th is was a relevant WTO  and one that wanted  to 
deal with the issue of poverty  and job creation . Everything that was part of this  logic w ould be 
supported by his delegation . But any other proposal that went in the opposite direction  – that trie d 
to prevent his government from regulating  – would not be examined in a positive light. It was true 
that some proponent s or authors towards the end of the 20th century had said that governments of  
countries c ould be controlled without their governments . His delegation  currently  believe d that it 
was high time that on the basis of democratic principles every country decide d on its own future 
and that each government that ha d been legitimately and democratically elected ha d the authority 
to carry out development programmes without an initiative at the WTO preventing it from doing so 
simply because some countries  whose companie s had large subsidies want ed to control the 
regulatory process.  
4.428.   He said that the Chairman's proposal  on the process at MC11  was good and his delegation 
supported  it. However , it wanted the operationalisation of this proposal to be guaranteed which 
was why it had asked a few questions  and hoped that t he Chairman's response  could reassure  his 
delegation as to the way the work would  be carried out . 
4.429.   The representative of Ecuador  thanked the Chairman and the Chairs of negotiating groups 
for their r eports.  He associated his delegation with the statements by Indonesia on behalf of the 
G-33 and Guatemala on behalf of the SVE's. Ecuador was pleased to note that document 
JOB/GC/158 as well as JOB/TNC/64 had been submitted at the present meeting  by the Af rican 
Group. The principles contained therein  – consensus, predictability and transparency  – could only 
be supported by it. 
4.430.   Ecuador reiterated  its position that it ha d sustained in these negotiations indicating that 
development was the core objective of ma jor trade flows and as such it was vital to address it , 
with action , in distorting agricultural subsidies. This inter-alia could only be achieved through S&DT 
which was none other than ensuring fair conditions that w ould allow better inclusion into global 
markets for developing countries , LDCs and  SVEs. In view of the foregoing , a priority in the run up 
to the next conference remain ed the completion of pending topics under the Doha Work 
Programme  and observing the princip les that need ed to be observed for the good conduct of work 
in the organization.  
4.431.   On services, it drew attention to the attempt to table domestic regulation  for consideration 
of ministers in Buenos Aires , when the results had  shown that the concerns raised  by various 
Members ha d not yet been overcome. There was still much  to be discussed. Ecuador  was in favour 
of a successful conference but it would  not accept for the purpose of achieving results any 
attempts to approve decisions or declarations that run cou nter the interests of the majority of the 
Membership.  
4.432.   With regard to the negotiations on fisheries subsidies , it consider ed that there was a need 
to focus work on a handful of topics in order to achieve results which could be reflected in terms of 
illegal fishing.  
4.433.   On e-commerce , he said that work should be focused within the 1998 Work Programme 
which needed to be reaffirmed without necessari ly modifying it. The discussions that  would take 
place had to  lead to the necessary parameters being developed to overcome the digital gap 
between Members in order to avoid further existing asymmetries which were to be seen in 
international trade.  TN/C/M/38  
 
- 59 - 
 
  4.434.   With reg ard to the role played by MSMEs , his delegation had decided to co -sponsor the 
document tabled by the Group of friends on this topic without forgetting its position that the focus 
had to be  on the Doha topics. It had nonethe less decided to discuss without e ngaging  in 
negotiations on the way in which MSMEs could become a tool for promoting development  – on the 
basis of acknowledgement of the existing imbalances between MSMEs  in different countries.  He 
said that Members  must not overlook existing realities and  needed to go into a frank discussion on 
this topic.  
4.435.   In conclusion, he said that Ecuador st ood ready to continue working on an open and 
inclusive process based on the principle s of transparency and balance  – which had to prevail  in all 
topics for discussio n as Members sought  the consensus that c ould satisfy all of them . 
4.436.   The representative of Oman , said that she had planned  to make a long philosophical 
statement  speaking about  the relevance of the WTO and the multilateral trading system, the 
importance of trade and development, and the benefits of trade liberalization as had been  taught 
and sold to her delegation  during its accession. But , after listening to Members ' interventi ons she 
had decided to focus only on paragraph 27 of Nairobi Declaration which was an important 
paragraph to Oman as  an Article XII member. In order to be consistent , it believe d that any 
future work program should include language similar to paragraph 27  of Nairobi Declaration in 
order to take into account the  extensive commitments made by Article XII members . 
4.437.   The representative of Argentina , said that in line with  transparency and inclusiveness, the 
purpose of his report on investment facilitation – following the two oral reports he had made at the 
HoDs meetings of  25 July and 24 October 2017 – was to inform Members in a transparent manner 
about the discussions in the Informal Dialogue and to highlight some of the key themes that had 
emerg ed from its deliberations. The  report, was made under his own responsibility as the 
coordinator, and was based on views that M embers  had expressed in meetings of the Informal 
Dialogue. It would be  circulated to all Members  following the present  meeting.  
4.438.   With regard to the s ubjects addressed in the Informal D ialogue , he said that s ince its 
launch in April  2017, the Informal Dialogue had  held six meetings. Discussions ha d focused on four 
key investment facilitation themes as  had been  outlined in the "Proposed  Agenda for Future Work" 
namely - improving regulatory transparency and predictability;  streamlining and speeding up 
administrative procedures;  enhancing international cooperation and addressing the needs of 
developing Memb ers; as well as  other investment facilitation -related issues.  It had been  agreed at 
the outset that the Informal Dialogue would not address market access, investment protection and 
ISDS.  
4.439.   The Informal Dialogue had also dra wn on the expertise of leading inte rnational 
organisations – such as UNCTAD and the World Bank.  A number of Members  had participated in 
the successful High -Level Forum on "Facilitating Trade and Investment for Development" held in 
Abuja, Nigeria, on 2 -3 November 2017.  
4.440.   With regard to the t hemes that were  emerging from the Informal Dialogue , he said that 
several  key themes ha d emerged . Firstly, a number of Members ha d underlined the growing 
linkages between trade and investment, and the resulting need for greater trade -investment policy 
cohere nce. Secondly, the importance of investment facilitation in creating a more investment -
friendly business climate . Members had shared their experiences and best practices in this field. 
Thirdly, some Members lacked resources to train local officials and to improve their access to 
information.  Regarding the latter, they had stressed the need for technical assistance and capacity 
building. Finally, Members had also noted efforts currently underway regionally to facilitate 
investment, and had underlined the val ue of advancing multilateral approaches at the global level.  
4.441.   With regard to possible next steps, he said that a s a result of the exploratory work 
conducted in the Informal Dialogue, a number of Members were proposing to "begin structured 
discussions aimed at developing a multilateral framework on investment facilitation within  the 
WTO". In that sense, the document JOB/GC/159 had been circulated the day before . 
4.442.   The Chairman  provided a few comments before closing the meeting.  First, all  Members had  
heard each  other. There were different views and from what he had  heard , it was evident that 
there was  a lot of work before Members in terms of convergence. He was  counting on all Members  TN/C/M/38  
 
- 60 - 
 
  to show the flexibility that was possible within their own margin of political  manoeuvre to ensure a 
successful m inisterial conference that was the desire of everyone . 
4.443.   In terms of substance there was not much that he could say at this point in time.  
4.444.   On the  process, in his opening remarks, he had  tried to be as forthcoming as he possibly 
could , at the present time.  What he had  told Members was exactly how he saw  the process 
happening in Buenos Aires. There were still uncertainties about that because it would  depend on 
how things evolve d in Geneva and in Buenos Aires . Every single possible situation  could not be 
predicted . 
4.445.   He had  heard a few questions from delegations. Most of them ha d been addressed in his 
opening statement. He was  not in a position to answer some of the questions because he did not 
have an answer that went beyond what he had  said in his introductory remarks and some things  
would depend on the calls that w ould be made by the MC 11 Chair herself. However, he could  
guarantee that he would  transmit to her what he felt had been  a common consensual view that 
whatever pro cess was followed in Buenos Aires had to  strive to ensure transparency and 
inclusiveness, so that everybody c ould participate and have a say. He would inform Members in 
case there were  any further developments before the Ministerial Conference.  
4.446.   This was where Members were  at this point in time. He would  remain in contact  with 
delegations . He would  be in permanent contact also with the GC Chair who was also a key player 
in defining what things w ould look like.  
4.447.   As part of the TNC reporting obligations, the T NC's report – comprising of his report and all 
reports of Chairs of negotiating bodies – would be before m inisters through the General Council's 
report to MC11. He remind ed TNC Participants that these were reports by the Chairs on their own 
responsibility. In other words, these were not negotiated – or even agreed – reports of these 
groups.  
4.448.   As Members had heard, some of the negotiating groups w ould continue their work over the 
following days – these include d fisheries subsides and agriculture, but this was not exhaustive. It 
depended  on Members  and the Chairs. Any progress made in these conversations would  also be 
reported to m inisters.  
4.449.   The Trade Negotiations Committee took note  of the statements.  
_________ ______  TN/C/M/38  
 
- 61 - 
 
  ANNEX I  
STATEMENT BY UGANDA DURING THE INFORMAL TNC MEETING OF  24 OCTOBER 2017  
 
Mr. Chairman,  
Thank you for calling this TNC meeting and for your report. We also thank the Chairs for their 
reports. At the outset, we support the statement delivered  by Rwanda, on behalf of the African 
Group and the one to be delivered by Cambodia on behalf of the LDCs group.  
According to the 2017 WTO Secretariat Report on Market Access for Least Developed Countries  
Ref: WT/COMTD/LDC/W/65; in 2016, LDC exports of goo ds and services decreased by 3.9% to 
US$187 billion. The share of LDCs in world exports of goods and commercial services stood at 
0.91% in 2016, compared to 0.93% in 2015. The share of LDCs in world merchandise exports 
stood at 0.94% in 2016, dropping furt her from 0.97% in the previous years, with a trade deficit, of 
US$92.9 billion in 2016. This deficit represented a nine -fold increa se compared to the one of 2005.  
Mr. Chairman,  
In Nairobi, Ministers pledged to strengthen the multilateral trading system so  that it provides a 
strong impetus to INCLUSIVE PROSPERITY  and WELFARE  for ALL Members and respond to the 
SPECIFIC DEVELOPMENT NEEDS  of developing country Members, in particular the LEAST -
DEVELOPED COUNTRY  Members. This pledge was consistent with the objective of the Marrakesh 
Agreement to undertake positive efforts designed to ensure that developing countries, and 
especially the least developed among them, secure a share in the growth in international trad e 
commensurate with the needs of their economic development. It is upon this background that we 
wish to comment  on the various issues in play.  
AGRICULTURE  
Mr. Chairman,  
Over 80% of our population heavily depends on Agriculture for subsistence and livelihood 
purposes. It is a major contributor to national income and the largest employer. The success of 
this sector is vital not just to our economic growth and development, but also for food security and 
the alleviation of poverty, particularly in rura l areas. It follows, that the trade in agricultural 
products, both domestically and internationally affects the performance of the sector and the 
profitability and viability of farming. It is therefore important that we move to undertake the 
requisite refo rm envisaged in Para 13 of the Doha Ministerial Declaration with the view to the 
substantial reductions of domestic supports.  The outcome should be aimed at addressing the 
systemic and historical imbalances in the Agreement on Agriculture in line with Rev 4, including on 
the elimination of AMS. We also look forward to an outcome on cotton in line with the C -4 proposal 
and Hong Kong Ministerial Declaration, which is arrived at ambitiously, expeditiously and 
specifically. Further, and consistent with the Nair obi Ministerial decisions, we shall be looking for 
the conclusion of a Permanent Solution on Public Stock Holding for Food Security Purposes, which 
would include future programs for LDCs; and the Establishment of an Effective and Easy to Use 
Special Safe G uard Mechanism.  
DEVELOPMENT (SPECIAL AND DIFFERENTIAL TREATMENT)  
According to the 2016 UNIDO Report to the G20 Working Group on Industrialization in Africa   and 
Least Developed Countries, Africa 's Manufactured Value Added (MVA) accounted for just 1.6% of 
the global total in 2014 and its growth has lagged far behind that of other regions since 1990. In 
2016, exports of primary commodities accounted for almost 80% in comparison to about 20% for 
manufactured goods. While 10 to 12 million youth enter the workfo rce each year, only 3.1 million 
jobs are created. However UNECA has suggested for instance that by transforming Africa 's mineral 
export volume by just 5 per cent before export, it can create 5 million jobs a year. It is upon this 
background that the Africa n Ministers of Trade in their November 2016 Declaration, instructed us 
to focus on the Structural Transformation and Industrialization of Africa in line with Agenda 2063: 
The Africa We Want . TN/C/M/38  
 
- 62 - 
 
  Mr. Chairman,  
For more than 16 years, Members have largely rejec ted the instruction of Ministers found in Para 
44 of the Doha Ministerial Declaration, to review "all special and differential treatment provisions 
with a view to strengthening  them and making them more precise, effective and 
operational ". But yet they continue to seek new rules to further constrain the policy space of 
developing countries, especially LDCs. Many of the rules as they are currently crafted are not 
working for us  for purposes of structural transformation and industrialisation . We cannot become 
post-industrial societies without having industrialised in the first place. The WTO should be 
cautious not to be viewed as a global rules -based system that promotes anti -development rules. 
The launch of the DDA sought to address this. Ye t, we have already heard cries from elsewhere on 
anti-globalisation, including specific attacks on this very institution because of its inability to be 
responsive to Members ' needs.  
It is also important to recall that specific S&DT provisions were already included as part of the 
settlements negotiated and arrived at with the clear understanding that the balance they had 
aimed to achieve was necessary and constituted the benefits for developing countries and LDCs 
within the meaning of the WTO Agreement. This  entitled developing countries and LDCs to 
legitimate expectations that these obligations relating to S&DT would be faithfully implemented 
and complied with. Please note that unlike the approach taken by Members in other negotiating 
fora, we, as the G -90, have responded to all the questions including in writing. We are therefore 
surprised by the rejectionist, and unjustified posture being adopted by some developed countries, 
which is a clear c ase of kicking away the ladder.  
Mr. Chairman,  
It seems to have b ecome fashionable to pour scorn on the entire body of work of the CTD  SS. We 
can take count since 2013 in Bali; 2015 in Nairobi and now in 2017 going to Buenos Aires; will 
Members still turn a deaf ear to the Group of Ninety Members of this Organization th at need this 
relief? Governments have a duty to intervene in specific and targeted sectors of the economy to 
trigger growth and development, provide employment, and the dignity that comes with it; improve 
household incomes, and alleviate poverty. What mess age do we intend to send about 
development? Do we want the world to believe that this Organization does not promote 
development? That it only promotes the interests of the rich and powerful? That it cannot come to 
the rescue of its own, in time of need? It  is not enough to ask Members to be supportive of the 
system, if the system does not respond to the specific needs and interests of the majority of its 
Members. If this is the course of multilateralism, then what message do we intend to send about 
the visi on for the future of multilateral rule -making if it does not fit into the Vision for the Africa 
We Want? Why create new rules when the current rules are not working? What message do we 
intend to send about Justice, fairness and inclusiveness? We should all  reflect very deeply on these 
issues.  
DOMESTIC REGULATION IN SERVICES  
Mr. Chairman,  
This then brings me to domestic regulation in services. Most of our countries are still developing 
their institutions and have not yet regulated all their services sectors.  The current proposed rules 
would deny national authorities their full and sovereign right to regulate. While we have paid 
attention to what is being proposed, we need to take time to understand the full extent and scope 
of application of some of the conce pts that are being introduced with the view to avoiding 
regulatory capture and control. The right to regulate; preservation of policy space; the linkage 
between regulation and broader economic objectives are critical for developing countries.  
A lot require s clarification. We sought a proper definition of concepts; clarity on scope of 
application; proponents should demonstrate how the GATS has not been sufficient and where it 
has fallen short. They also need to demonstrate to the LDCs, the economy of which c an only 
support low standards of living and is in the early stages of development - what is in it for them in 
exchange for undertaking these stringent and onerous multilateral rules that would erode our 
policy space and make us liable to regulatory capture . We have therefore requested proponents to 
respond to our concerns. They have not. Instead we are being presented with a fait accompli  
situation. For anyone sitting in a WPDR meeting will learn very quickly that there continues to 
remain broad, even syste mic divergences and perspectives, and yet the proponents are not 
helping the situation. They have either tried to project consensus when there is none, including the TN/C/M/38  
 
- 63 - 
 
  numbers game of the co -sponsors. Mr. Chairman, our view is that the proponents should be 
building bridges, otherwise the numbers game is risky. The G -90 has over 100 members that 
support the proposals for outcomes at MC11. Should we therefore request the Chair of the CTDss 
to gavel the Decision at our next meeting? They have ignored our pleas f or clarification, and they 
have not responded in any meaningful way to the concerns of the non -proponents. In our view, 
this does not sound like a good faith negotiation coming together in time for MC11 to deliver on 
Domestic Regulation, but rather an area  that is polarizing Members given the substance that is on 
the table, and approach taken by proponents.  
Our Ministers have pronounced themselves on this issue and stated that : "any outcome on GATS 
Article VI.4 disciplines  shall not involve the implementati on of new and/or onerous 
administrative requirements or requirements that intrude into the domestic policy -
making processes "; and that "the work we undertake in multilateral trade and any 
further rule -making support Africa 's continental integration agenda and, at a minimum, 
not undermine it ". 
ON NEW ISSUES  
Mr. Chairman,  
We have systemic concerns about proposals being introduced without any mandate. We strongly 
believe that respecting the mandates and rules at the WTO should not be taken lightly. It is 
important that we uphold, promote and protect, the object and purpose of paragraph 1(g) of the 
July Framework. It is our view that any issue, which is without a mandate, should not waste 
Members ' time. 
ON E-COMMERCE  
Mr. Chairman,  
This then brings us to e -commerce. We ought to draw a distinction between e -commerce 
activities; ICT Applications and tools vis -a-vis multilateral rule -making or multilateral disciplines in 
e-commerce. Cross border e -commerce is highly concentrated. Only 6 countries control 85% of 
the market share which is worth 1.6 trillion USD. As LDCs, we still have basic challenges that we 
need to deal with such as access to electricity, basic infrastructure, skills, and even putting in 
place the requisite regulatory and policy frameworks. In Af rica for instance 75% of the entire 
population is not on the Internet and only 15% of the LDC population uses it. 600 million people in 
Sub-Saharan Africa have no access to basic electricity. Which when it is available, is either 
intermittent or expensive;  all of which is important to build e -commerce readiness.  
The digital and knowledge divide is therefore huge between developed, developing and least 
developed countries. Multilateral rules will entrench these imbalances. Many of the rules that are 
being pr oposed such as free flow of data; no forced technology transfer; no disclosure of source 
code; no localisation requirements, would not necessarily promote development, but would 
perpetuate the income, technological and digital divide creating a perpetual c lass of the digital 
haves and have nots permanently legislated to produce what they do not consume and co nsume 
what they do not produce.  
It is for this reason that we believe that it is still very premature to even start thinking about rules. 
We need to be  developing our own digital industrial policies just as the other countries have done.  
We also do not share the view of creating a working group to be super imposed on the regular 
bodies with the intent of usurping the function and mandate of these bodies including the GC. We 
see neither value addition, nor need. It is rather a duplication of function.  However, we could be 
open to supporting the continuation of the 1998 Work Programme on E -commerce to continue 
further exploring these very important issues.  
ON PROCESS  
Mr. Chairman,  
As I close, the process should be transparent, predictable, bottom -up, Member -driven and 
consensus based. We need to agree on specific timelines, which then get triggered when some 
developments do, or do not, take place. This pro cess will have to be led by the TNC and GC Chairs 
in line with their respective mandates. Towards that end therefore, we would suggest that three TN/C/M/38  
 
- 64 - 
 
  streams of work ought to be commenced immediately after the General Council meeting; similar to 
what was set i n motion b efore Nairobi with the view to:  
(i) Continue with negotiations under the DDA in terms of potential outcomes;  
(ii) To deal with the outcome document: Whether it will be a Declaration or Chairman 's 
statement; the nature and form of all of this is what w e can debate going forward; and  
(iii) To consider elements that would fall under the post -MC11 Work Program. We should 
not underestimate the difficulty of arriving at a Work Program. The post -Bali Work 
Program should serve as a reference point. We had 12 mon ths an d could not agree to 
one. 
Time is of the essence! All the Members of this Organization should participate in writing what sort 
of outcome and/or future  we want in this Organization.  
__________