RESTRICTED  
  
TN/CTD/M/48  
 
15 May 2014  
(14-2987)  Page: 1/5  
Committee on Trade and Development 
Forty-Eighth Special Session    
 
   
NOTE ON THE MEETING OF 25 MARCH 2014 
Chairman:  Ambassador Kwok Fook Seng (Singapore) 
 
A. ADOPTION OF TH E AGENDA .................................................................................... 1  
B. REPORT BY THE CHAIR ............................................................................................ 1  
C. ELECTION OF THE CHAIRPERSON ............................................................................ 5  
D. OTHER BUSINESS .................................................................................................... 5  
 
 A. ADOPTION OF THE AGENDA 
1. The agenda as contained in Airgram WTO/AIR/4263 of 14 March 2014 was adopted. 
B. REPORT BY THE CHAIR 
2. In accordance with WTO principles of inclusiveness and transparency, the Chairman 
reported to Members on developments which had taken place since the previous formal meeting of 
the Special Session of the Committee on Trade and Development (Special Session) convened in July 2012. He informed that the period had been  marked by informal meetings, in variable 
geometry, all aimed at preparing outcomes for the Ninth WTO Ministerial Conference, held in Bali, 
Indonesia, in December 2013. He had held over 40 informal meetings which covered the six 
Agreement-specific proposals, the Monitoring Mechanism (MM), and the Cancún 28 proposals. Once the horizontal process for Bali commenced, meetings were also held, in Room D and Room W 
formats convened by the Director-General in hi s capacity as Chairman of the TNC at which 
participation had been elevated to Ambassadors. It had been a very busy year and a half that had 
allowed Members to secure some concrete results in Bali in the form of the MM on Special and 
Differential Treatment (S&D). The MM introduced, fo r the first time at the WTO, an action-oriented 
focus to discussions in the CTD on challenges faced by developing countries in utilizing S&D provisions. Through an evidence-based process, the Dedicated Session of the CTD, sitting as the MM on S&D, would provide Members the opportunity to better understand what these problems 
are, and to take action, either to strengthen the implementation of the provision, or if necessary, 
the provision itself. This was a concrete step to ensure that S&D plays its intended role in assisting developing and Least-Developed Country (LDC) Members to better integrate into the multilateral 
trading system (MTS). The MM was also good news for the Special Session as it freed up 
bandwidth to focus on other areas notably, the design of a post-Bali work programme on the Doha Development Agenda (DDA). In the context of operationalization of the MM, the Chairman 
appealed to delegations to remember that the MM is not a negotiating body. He called upon them 
to approach it with the same seriousness they br ought to the regular work everywhere else in the 
WTO, with the objective of finding real-life solutions to challenges. Further, on the question of the evidence-based nature of the MM, he encouraged  them to use the pragmatism and practicality 
they had collectively developed, so as to help them make decisions. 
3.  In terms of the work that remained before the Special Session, he informed Members that 
three broad categories of Agreement-specific proposals remained: the six Agreement-specific TN/CTD/M/48 
 
- 2 - 
 
  proposals, the 28 Cancún proposals, and the Category II proposals. On the six Agreement-specific 
proposals, which concern the Agreements on Sanitary and Phytosanitary (SPS) Measures and on Import Licensing Procedures, he had held a series of meetings in 2012 and early in 2013. Members had focused on the proposal relating to Article 10.3 of the SPS Agreement. Discussions had also 
benefitted from interaction with and advice from the SPS team within the WTO Secretariat. While 
discussions had revealed that the provision had not been used, and that the SPS Committee had not dealt with complaints from developing countries in this context, they had also revealed the 
proponents' feeling that the current wording of th e provision would not lead to granting requests 
for specified and time-limited exemptions wh en requested. In seeking the middle ground, 
discussions revolved around striking a balance between how the granting of exemptions sought would be done without being automatic, and how to provide assurance that such requests would 
be treated on the basis of their merit, and undergo the appropriate deliberations. Members had 
been working on a language to meet concerns of both sides when the proponents decided to give 
priority to other deliverables for Bali. The two other clusters of the six Agreement-specific 
proposals, on SPS Article 10.4 and on Import Licensing, were deemed by Members to lack enough 
clarity and maturity for meaningful work in time for Bali. 
4.  With respect to the Cancún 28, which had be en agreed in principle, but not formally 
adopted at the Cancún Ministerial Conference in 2003, Ministers at the Eighth Ministerial 
Conference in 2011 had instructed the Special Session to take stock of these proposals "with a view to formal adoption of those agreed". In 2012, Members undertook work on the basis of a 
matrix prepared by the Secretariat which provided a factual assessment of whether and how any 
of the proposals had been impacted by developments since 2003. The matrix identified six such 
proposals, which then became the focus of Member s' consultations throughout the second half of 
2012 and much of 2013. Work had focused on adeq uately updating these proposals, without 
altering the fundamental substance or intent. This work had helped Members develop better clarity 
on the underlying issues the proposals sought to  address. The Special Session had considered 
texts, notably from the LDCs, with language that they felt captured their interests in a 2013 
context. Other Members also responded with textual proposals that could work for them. With 
regard to the remaining 22 of the 28 Agreement-specific proposals, the proponents had initially held the view that since these proposals had not been deemed to have been impacted by the passage of time, there was no need to discuss them  as part of the stocktake exercise. As there 
was a variance of views, and as an interim meas ure, Members had agreed to conduct consultations 
on these 22 Agreement-specific proposals in "informal informal" mode, through conversations outside of the Special Session. Subsequently, at a meeting of Ambassadors, it was decided that 
these 22 proposals be brought back to the Special Session for consideration in a two-step process: 
step one being an exploratory phase for Members to develop a common understanding of what the 
proposals meant in a 2013 context; and step two, where Members could decide whether to adopt 
the proposals. In step two, it became evident th at Members might only be able to adopt three out 
of the 22 proposals as they stood. During the Dire ctor-General-led process in preparing for Bali, 
the proponents requested that all of the 28 prop osals be taken off the table, for consideration 
afterwards. After Bali, the Chairman had asked the proponents to consider how they would like to 
proceed and to discuss this with Members in due course. 
5.  On Category II proposals, the Chairman informed Members that he had sought their 
concurrence to conduct, in October 2012, a series of consultations with the secretaries of the 
various WTO bodies to which these proposals had been referred. Subsequently, he had circulated a 
report, on his own responsibility, contained in document JOB/DEV/22 of 27 March 2013. In general, his finding was that the overall picture was mixed: there were Committees within which 
there was appetite to work on these Agreement-specific proposals, while there were others in 
which work could not advance beyond a certain point because the substance of the Agreement-specific proposals was linked to that of the issues under the DDA negotiations. Other proposals that had been referred to WTO bodies undertaking regular work continued to be considered in 
those bodies, although some suffered from a la ck of active engagement, including by the 
proponents. His intention in preparing the report on Category II proposals was to provide Members a basis on which to reflect on whether there was need to take stock or do some "housekeeping" on 
these issues. For instance, if a proposal had been found to be definitively dealt with, could 
Members collectively recognize and acknowledge that. Alternatively, if a proposal had not moved, what options did Members have in working with the Committee to which it had been delegated to 
advance the cause. The Chairman said that due to la ck of time, he had not been able to begin this 
conversation with colleagues. He had fully briefed his successor, in the hope that some advancement could be made under his watch.  TN/CTD/M/48 
 
- 3 - 
 
  6. On the 2014 post-Bali consultations, he went on to state that he had issued an invitation 
to all delegations for informal open-ended consultations, so that he could hear Members' views on the way forward. Twelve delegations had responded to his call. He had also met the G-90 coordinators, together with Egypt, in its capacity as focal point for the African Group on 
development issues. His full report to the General Council on the outcome of these consultations 
had been circulated to Members in document JOB/GC/67. On a personal note, he believed that Members would need a clear road map with tangible substance to deal with, so as to avoid 
circuitous debates that had impeded progress in the past. However, Members also needed to be 
patient in recognizing that they would not achieve such clarity overnight, given the complex interwoven nature of development issues with the substance being negotiated elsewhere in the 
DDA. He called on Members not to lose sight of the bigger picture, encouraging them to move 
beyond known positions, to consider what problems and challenges developing and LDC Members 
face in the current trading environment, and to consider what form of adjustment was needed to the work of the Special Session to help address them. He had urged proponents to develop a clear 
articulation of their concerns and interests for colleagues in the Special Session to understand and 
support their proposed agenda. He stressed that the options before Members were many and the ability to shape a positive narrative on development at the WTO was fully in their hands. He 
wished them continued success. 
7. The representative of Mexico noted that the MM was a big achievement. Part IV of the 
GATT had been on the books since 1964, and its main idea was to provide support for 
development. S&D in the Trade Facilitation Agreement had gone a step forward, because it was a 
different conceptual element. Members also needed to avoid losing sight of the bigger picture. The 
importance of more coordination among negotiation Committees was also stressed. 
8. The Chairman noted that the development focus of the DDA meant that some of the 
development aspects would be in other pillars. However, this did not mean there was less work for 
the Special Session. Members needed to take a complementary view on what was going on in the Special Session. If things were not working out in the Special Session, it could be that they were 
working out elsewhere. Coordination amongst colleagues and Chairs was important. 
9. The representative of the United States no ted that the establishment of the MM was a 
significant outcome and an important new moment for the Membership. Members could seize the 
opportunity and have a discussion grounded in ev idence and on-the ground examples. Or, they 
could fall back to the old ways of doing business.  The choice was in Members' hands. This was a 
day to look forward in many ways, but it was also a day to look back once more. 
10. The representative of Lesotho appreciated th e adoption of the MM at Bali and noted that 
developing countries would have to put in effort in  ensuring that it worked. He had taken note of 
the suggested way forward to proceed and the African Group would take it into account. 
11. The representative of the European Union noted that it was for Members now to put the 
MM into work and the EU would do its part in ensuring this. She thanked the Chairman for the 
status report, with which the EU agreed. It l ooked forward to discussing with Members, the 
proponents and the new Chair on how the work would be taken forward. 
12. The representative of Chile noted that the MM would be a tool of great use especially for 
developing countries. Chile would work to ensure that development did not lose its importance in 
the work of the WTO. His delegation agreed that  for serious commitment, it was necessary that 
Members had clarity in the tangible substance they were seeking so as to avoid tortious debates 
that had characterized the past.  
13. The representative of Colombia agreed with the Chair's report and thanked him for finding 
solutions where Members had failed. 
14. The representative of Hong Kong, China noted that the Special Session had contributed an 
important part in the success at Bali. It had also taken part in the Chair consultations after Bali 
and had found them useful. Her delegation agreed with the Chair that work ahead needed to focus on what problems and challenges developing and LDC Members face in today's trading 
environment and consider what form of adjustment  to the work of the Special Session could best 
help in addressing them. In this regard, Hong Kong, China shared the Chair's view that Members TN/CTD/M/48 
 
- 4 - 
 
  needed to be frank and honest, and that the key players and proponents needed to be more 
proactive to articulate clearly their concerns and interests so that these Members could really be helped. Hong Kong, China remained committed to the MTS and the development pillar of the DDA 
negotiations. As a pro-system middle grounder, Hong Kong, China remained ready to help and 
would continue to keep an open mind on ideas or proposals that would help the WTO find a 
credible path forward. Her delegation would continue to work in a positive and constructive spirit and looked forward to the early and expeditious im plementation of the MM in the regular session 
of the CTD. 
15. The representative of Japan shared the view that the mission in the Special Session was 
not an easy one, but welcomed the progress that had been made in Bali. 
16. The representative of Turkey noted that development is a sine qua non  of the negotiations. 
Turkey remained committed to ensuring continued success. Bali had demonstrated not just that an 
outcome can be reached, but also how to get ther e, and this precedent needed to be followed. 
17. The representative of the Dominican Republic noted that it was now up to delegations to 
give life to the MM and to ensure that development remained at the heart of the WTO negotiations. 
Members needed to see more what was ha ppening beyond the walls of the WTO. 
18. The representative of Egypt appreciated the Chair's role, including in getting 
representatives of the Secretariat to share advanc ements in some of the Category II proposals. 
This had helped Members to more thoroughly understand the issues. He hoped that Members would be able to fulfil the mandate of the Special Session. 
19. The Chairman expressed his personal thanks to  the team at the Egyptian Mission in its 
capacity as focal point of the African Group, be cause much of the work that had been done was 
with the strong support of Egypt and colleagues in the African Group. 
20. The representative of China noted that the way ahead was still long. While there was 
important work in the Special Session, there was also far more important work in other negotiating 
areas. China looked forward to a fruitful development negotiation going forward. 
21. The representative of Argentina welcomed the MM. While the substance of the MM had 
moved on to another Committee, the work remaining in the Special Session also continued to be 
of relevance. The importance of developmen t to the Doha Round was also emphasized. 
22. The representative of Nepal noted that although the MM was not a negotiating forum, it 
would be an effective forum to help developing countries in general, and the LDCs in particular, to 
utilize S&D provisions in a meaningful manner as inscribed in WTO Agreements. His delegation had 
repeatedly said that development was the backbo ne of the MTS and a central pillar of the DDA. 
Without effective implementation of the development aspects of the DDA, LDCs would not be in a 
position to get better integrated into the MTS. Ne pal would therefore like to prioritize all remaining 
S&D provisions as directed by paragraph 44 of the Doha Declaration. His delegation hoped that the new Chairman would give adequate attention to the completion of work on S&D provisions.  
23. The representative of Qatar noted that his delegation attached great importance to the 
development aspects of the DDA negotiations. Qatar would wish to see this central pillar reflected 
across the board in driving this process forward. 
24. All delegations that took the floor thanked the Chairman for his able leadership in steering 
the Committee to success, as was evident in the adoption of the final text on the MM. He had 
engendered a spirit of cooperation amongst Members. He had been dedicated, accessible, patient and diligent throughout the process. He had also found solutions where Members saw none. 
25. The Chairman thanked all Members for the support he had received from them. He also 
stated that the task ahead would not be easy. However, each time Members found themselves in 
such positions, he advised that they step back and look at their objectives vis-à-vis  the bigger 
picture. He had full confidence in Ambassador Neple, the incoming Chairman. He had also learnt a 
lot working with Members and thanked them for a very rewarding experience.  TN/CTD/M/48 
 
- 5 - 
 
  26. The Chairman proposed that the Special Session take note of all statements made. 
C. ELECTION OF THE CHAIRPERSON 
27. The Chairman informed Members that the consultations held by the Chairman of the 
General Council had resulted in a consensus among Members to appoint Ambassador Harald Neple 
of Norway, as the new Chairman of the Special Session. The Chairman proposed that the Special 
Session confirm Ambassador Harald Neple's appointment as Chairman. 
28. It was so agreed. 
29. Ambassador Neple thanked the outgoing Chairman for the remarkable leadership he had 
provided in steering the work of the Special Session. He doubted whether Members would have 
achieved what they did at Bali without Ambassador Fook Seng's dedication and untiring hard work. 
He congratulated him on adopting the text on oper ationalization of the MM on S&D. So far as the 
Special Session was concerned, the work on the MM had been concluded, but Members still had a 
lot to do on other aspects of the work ahead. He  thanked Members for their confidence and trust in 
him and assured them of his best efforts to advance the work of the Special Session. He informed 
Members that he intended to begin meeting them to better understand their positions and 
ascertain their views on the way forward. He would be in listening mode in the first few weeks. While he would be reaching out to delegations, he encouraged those that wished to see him to 
contact him directly or through the Secretariat to fix a meeting. His door remained open to any 
delegation that wished either to get an update on the progress of work, or to contribute an input to advance the work. He had been very encour aged by what he had heard in the outgoing 
Chairman's report about the open mind with which Members were willing to go forward. This would 
be very important as Members moved into the next stage. In this context, he encouraged 
Members to recall the parameters the Director-General had elaborated to all Members in his briefing to the TNC last month, do-ability, being an important one. He had also taken note of the 
need for coordination with Chairs of other WTO Bodies, since development would not only be dealt 
with in the Special Session, but also in all negotiation areas. The need to have as good an overview as possible going forward would, therefor e, be very important. Upholding the principles 
of transparency and inclusiveness, he would hold an informal meeting of the Special Session in the 
first week of April (before the TNC meeting), to brief Members on the consultations he would have had. He remained at Members' service and counted on their support and contributions to help fulfil 
the mandate of the Special Session. 
D. OTHER BUSINESS 
30. No issue was raised under other business. Ambassador Neple thanked Members for 
attending the meeting and hoped that over the coming weeks, Members would work constructively 
in advancing the work in the Special Session. 
31. The meeting was adjourned. 
 
 
 
__________