JOB/GC/164  
 
1 December 2017  
(17-6613) Page: 1/2 
General Council    
 
AGENDA ITEM 2: IMPLEMENTATION OF THE BALI AND NAIROBI  OUTCOMES - 
STATEMENT BY THE CHA IRMAN  
THURSDAY, 30 NOVEMBE R 2017  
1.1.  This item remains on the agenda to allow us to continue to follow up on the decisions 
adopted in Bali and Nairobi – and do so in an inclusive and transparent manner.  
1.2.  On Monday, 27 November, I held a meeting with the Chairs of Regular Bodies, where we 
updated each other on the work taking place in our respective bodies, including – but not only – 
with respect to the implementation of th e Bali and Nairobi mandates, as well as the preparations 
for the Ministerial Conference. As in the past, the discussions and inputs from that meeting are the 
basis of my statement today.  
1.3.  We will deal with the Work Programme on Small Economies under the nex t Agenda item, and 
later in the agenda, under Item 6, I will also provide an update on my consultations regarding E -
Commerce.  
1.4.  Regarding TRIPS non -violation and situation complaints, the  Nairobi Decision directed the 
TRIPS Council to continue its examinati on of the scope and modalities for TRIPS non -violation and 
situation complaints and make recommendations to its next Session. Ministers also agreed that, in 
the meantime, Members would not initiate such complaints under the TRIPS Agreement.  
1.5.  The TRIPS Counc il has considered the matter at each of its regular meetings but has not 
reached a final agreement on its recommendations. At its meeting in October, the Council agreed 
to keep open the agenda item and to reconvene on a short notice once further work was 
sufficiently mature with a view to agreeing on its recommendation to MC11. I understand that the 
Chair of the TRIPS Council has since then continued her consultations which, regrettably, have not 
yet lead to any breakthrough. It appears that in the unlikely  event that Members can converge in 
the coming days, this issue will have to be taken to Buenos Aires for Ministers to discuss.  
1.6.  On Agriculture, with respect to the Nairobi Decision on Export Competition, the  EU provided 
information about their revised draf t Export Subsidy EU 28 schedule to the Committee on 
Agriculture in October . We welcome the news that, on 28 November, Norway circulated its revised 
draft schedule on export subsidies for agricultural products – the third Member to do so. The next 
dedicated  discussion will take place in June 2018 and will include the review of the Nairobi 
Decision. The Committee will discuss preparations for this review in an informal meeting before its 
February 2018 meeting.  
1.7.  Members had also agreed in the Decision on Export  Competition to review the provisions on 
international food aid within the Committee's monitoring of the implementation of the Marrakesh 
Decision on NFIDCs – and this will also take place in February 2018.  
1.8.  In light of the request at our last meeting in res pect to the Nairobi Decision on SSM, let me 
indicate that the Decision does indeed specify that the General Council shall regularly review 
progress in the SSM negotiations. As we are also aware, the SSM is part of the broader on -going 
negotiations, and thi s has been covered in the TNC and in the report by the Chairman of the 
Committee on Agriculture in Special Session.  
1.9.  Moving to TRQ Administration , the Committee on Agriculture  initiated its review of the Bali 
TRQ Decision in October, and will discuss releva nt next steps in February.  JOB/GC/164  
 
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1.10.   Regarding the implementation of the Decision on Public Stockholding for Food Security 
Purposes, no information has been provided by Members in the context of the monitoring foreseen 
under the relevant Bali Decision.  
1.11.   Let us move now to Development and LDC matters. Concerning both the Decisions on the 
Preferential Rules of Origin for LDCs and the LDCs Services Waiver, there are no new updates in 
these areas since my previous report in October.  
1.12.   On DFQF market access for LDCs, the  CTD undertook its annual review of the steps taken to 
provide DFQF market access to LDCs at its meeting earlier this month. Due to divergent views 
among some Members on the scope and coverage, the Secretariat could not issue the report as 
mandated in the Bal i Decision. The CTD Chair urged Members to continue to discuss a way forward 
on this issue.  
1.13.   On the Monitoring Mechanism,  Members continued their discussion on this matter at a 
Dedicated Session of the CTD in November.  Again, we have to report that Members have different 
views on how the review should proceed in the absence of any experience on the functioning of 
the Mechanism and since no written submissions have yet been received. I understand the CTD 
Chair urged Members to come to a common understanding o n a way forward.  
1.14.   Concerning Aid for Trade, the  CTD Chair outlined the process he intends to follow to develop 
the new Aid for Trade work programme after MC11. He requested Members to consider the main 
theme for the new work programme, recalling that econom ic empowerment had emerged strongly 
as an issue at the Global Review in July.  
1.15.   Lastly, with regard to Trade Facilitation, since my last report in October, one additional 
Member has deposited its instrument of acceptance  of the Trade Facilitation Agreement, bringing 
the total number to 123 – that is 75% of the membership.  
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