JOB/GC/90  
 
25 February 2016  
(16-1158)  Page: 1/3  
General Council    
 
 AGENDA ITEM 2: IMPLEMENTATION OF THE BALI AND NAIROBI OUTCOMES –  
STATEMENT BY THE CHAIRMAN 
WEDNESDAY, 24 FEBRUARY 2016 
1.1.  Delegations will recall that we have had an agenda item on implementation of the Bali 
outcomes since July 2014, to have an opportunity to assess the work taking place in those regular bodies which were directly working on the vari ous Bali Decisions.  Regular reports have been 
provided and circulated to all delegations under this  item.  Let me further note that, of course, at 
the Tenth Ministerial Conference, Ministers also agreed on a number of other decisions – some of which were an "evolution" of the Bali Decisions and as such, I have included under this item also a report on the implementation of Nairobi Outcomes, where applicable. 
1.2.  Before I provide my report, I would also note that some of the Bali and Nairobi Decisions 
contain specific reporting provisions to the General Council.  I would therefore leave it to my successor and of course to delegations to assess wh ether this item is needed on the agenda on a 
regular basis, or whether only specific reports on individual issues should be provided when 
required. For today, I will provide updates on th e implementation of the various decisions where 
these are available. 
1.3.   Concerning the decisions on regular work, on TRIPS non-violation and situation complaints, 
at MC10, Ministers directed the TRIPS Council to continue its examination of the scope and modalities for such complaints and make recommendations to their next Session. It was agreed that, in the meantime, Members will not initiate non-violation and situation complaints under the 
TRIPS Agreement. The Council for TRIPS will continue to discuss the matter at its next meeting on 
1-2 March. 
1.4.  On the work programme on electronic commerce, as you know, in line with the Decision that 
was adopted in Nairobi, the General Council will conduct its first review of progress at its meeting 
in July this year. 
1.5.  On the work programme on small economies,  the Chair of the CTD will provide his regular 
report under the next agenda item.  Similarly, we have a dedicated agenda item on Aid for Trade, 
which as you will recall, was among the Bali decisi ons.  And concerning Trade and Transfer of 
Technology, I would refer delegations to the update I provided in November. 
1.6.  Let us now move to Agriculture.  The Committee on Agriculture shall monitor the 
implementation of the Nairobi Ministerial Decision on Export Competition. This monitoring function 
w i l l  b e  a c h i e v e d  i n  a c c o r d a n c e  w i t h  e x i s t i n g  notification requirements under the Agreement on 
Agriculture, complemented by the annual dedicated discussion process on export competition 
resulting from the Bali and Nairobi outcomes. In preparation for the annual examination process 
scheduled during the next June CoA meeting, the Chair of the Committee on Agriculture circulated 
on 20 January 2016 a questionnaire to Members. 
1.7.  Ministers also agreed to review the provisions on international food aid contained in the 
Nairobi decision within the CoA monitoring of the implementation of the Marrakesh Ministerial Decision of April 1994 on Measures Concerning the Possible Negative Effects of the Reform Programme on LDCs and NFIDCs. This monitoring exercise, which usually takes place during the 
November meeting of the CoA, was postponed last year due to the preparatory work for MC10 and 
will take place at the next Committee's meeting on 9 March. JOB/GC/90 
 
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  1.8.  Finally, it is also worth noting that Ministers decided that the Committee on Agriculture shall 
review every three years the disciplines contained in the Nairobi decision on export competition. 
1.9.  The Committee on Agriculture is also responsible for the implementation of the Bali Decision 
on TRQ administration. There are no updates with respect to previous reports on this issue. 
1.10.  According to the Nairobi Decisions on Pub lic Stockholding for Food Security Purposes and 
the Special Safeguard Mechanism for developing country Members, the General Council will regularly review progress in the negotiations on these two issues which will be held in dedicated 
sessions of the Committee on Agriculture in Special Session. 
1.11.  With regard to Cotton, the implementati on of the Nairobi Ministerial Decision will be 
undertaken through bi-annual Dedicated Discussions in the context of the Committee on Agriculture in Special Session. 
1.12.  Let me move now to LDC issues.  Regarding the Decision on the Operationalization of the 
L D C  S e r v i c e s  W a i v e r  a d o p t e d  i n  B a l i ,  I  a m  p l e a s e d  t o  r e p o r t  th a t ,  a s  o f  t o d a y ,  t h e  C o u n c i l  f o r  Trade in Services has received a total of 23 notifications
1 of preferences for LDC services and 
service suppliers.    
1.13.  As you are all well aware, Ministers in Nairobi adopted a Decision on the "Implementation of 
Preferential Treatment in Favour of Services an d Service Suppliers of Least Developed Countries 
and Increasing LDC Participation in Services Trade".  The Decision extends the period of the waiver 
under which WTO Members may grant preferential treatment to LDC services and service suppliers until 31 December 2030.  It also instructs the Council for Trade in Services, under a standing item on its agenda, to expeditiously consider approval of preferential measures beyond Article XVI, 
facilitate discussions on technical assistance aimed at promoting LDCs' participation in services 
trade, set up a review of the operation of the notified preferences and further discuss any issues that may facilitate benefits under the preferences. The Services Council will take up this issue at 
its next meeting on 18 March 2016. 
1.14.  The 2013 Ministerial Decision on Preferenti al Rules of Origin for LDCs has been implemented 
in 2015, as already reported in a communication from the Committee on Rules of Origin (CRO) to 
the General Council at the end of last year. Sinc e then, as you know, Members have engaged in an 
intensive negotiating process which culminated at the MC10 with the adoption of an Addendum to the 2013 Decision. The Nairobi Decision on Preferenti al Rules of Origin for LDCs builds on the Bali 
Decision by providing more detailed directions on specific issues. It also provides that developed 
Preference-granting Members and Developing country  Members declaring themselves in a position 
to implement the Decision should notify, by the en d of 2016, the measures being taken in order to 
implement it. The Decision will be on the agenda of the next meeting of the CRO on 22 April and 
the Committee will inform the General Council of any new developments in due course. 
1.15.  Regarding the Bali Decision on Duty Free Quota Free, it has remained under regular review 
in the CTD. At its meeting last November, the CTD conducted its annual DFQF review on the basis 
of a Secretariat report, which has been prepared on an annual basis since the Bali Ministerial 
Conference. Prior to the Nairobi Ministerial Conferen ce, the Director-General issued a report on the 
progress on the implementation of the decisi on on providing DFQF market access to LDCs. 
Continuous progress has been noted. DFQF market access remains a standing item on the CTD's 
agenda. This provides a regular opportunity to Members to advance DFQF market access for LDC 
products.  
1.16.  Regarding the Monitoring Mechanism on Special and Differential Treatment, which operates 
in a Dedicated Session of the CTD, the Bali Decision stipulates that it has to serve as a focal point 
within the WTO to analyse and review the implementation of S&D provisions. Although four meetings of the Dedicated Session have been held , no written submissions from Members have yet 
been received. The CTD Chairman has called on Members to make written submissions in order to 
make the Mechanism operational. The next Dedicated Session on the Monitoring Mechanism will be held in June. 
                                               
1 Canada; Australia; Norway; China; the Republic  of Korea; Hong Kong, China; Chinese Taipei; 
Singapore; New Zealand; Switzerland; Japan; Mexico; Turkey; the United States; India; Chile; Iceland; Brazil; the European Union; Liechtenstein; South Africa; Uruguay and Thailand. JOB/GC/90 
 
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  1.17.  And finally, work on the Trade Facilitation Agreement's entry into force and efficient 
operation continued to progress since my last report. Members submitted additional category A notifications, bringing their current total to 79. We also started to receive a number of category B 
and C notifications, which is very good news.   
1.18.  I can further report positive advances on the ratification front. Several Members deposited 
their acceptance instrument, and even more are reported to be in the works. As of this morning, we recorded a total of 69 instruments, which counts for over 60 per cent of the ratifications 
required for the Trade Facilitation Agreement to enter into force. This is a very positive 
development that I hope to see continued – and accelerated – in the near future. 
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