WT/GC/W/728  
 
8 December 2016  
(16-6724) Page: 1/2 
General Counci l 
7 December 2016    
 
ITEM 6 – WORK PROGRAMME ON EL ECTRONIC COMMERCE – REVIEW OF PROGRESS  
REPORT BY THE CHAIRMAN  
1.1.  This item is on today's Agenda following the Nairobi Ministerial Decision on E -commerce 
which instructed the General Council to hold periodic reviews, at its  session s in July and 
December  2016 and July 2017, based on reports that may be submitted by the WTO bodies 
entrusted with the implementation of the Work Programme. In that regard, I wish to draw 
Members' attention to the reports submitted by the Chairs of the Cou ncil for Trade in Services and 
the Goods Council, under their own responsibility, to the General Council in documents S/C/51 and 
G/C/58 respectively.  
1.2.  The TRIPS Council had an initial discussion of issues related to the protection and 
enforcement of intell ectual property rights in the context of e -commerce at its meetings in June 
and November this year. A number of Members highlighted a strong interest in discussing these 
matters and delegations had an initial exchange of relevant experiences, based on a 
communication from Canada,  at the Council's meeting  in June.  At the most recent Council meeting 
in November, delegations considered concrete intellectual property themes to discuss under the 
Work Programme on E -commerce in the coming year, based on an addend um to Canada's initial 
communication.    
1.3.  The Committee on Trade and Development also discussed e -commerce at its 100th session 
held on 24 November. At that meeting, China and Pakistan presented their submission and, as 
Members are aware, the submission call s for the development dimension of electronic commerce 
to be upheld throughout the discussions and to be fully incorporated into any future outcome. 
Members generally welcomed the submission and looked forward to detailed discussions at future 
meetings. In  that regard, they agreed to the Chair's suggestion to revert to the agenda item on e -
commerce at the next meeting.  
Report on the Horizontal Discussions/Consultations  
1.4.  I now wish to report on the discussions held under the auspices of the General Council. This 
report, which is without prejudice to Members' positions or views, covers developments in the 
horizontal discussions under the Work Programme since the last review in July this year. As 
Members will recall, at the July General Council meeting, Ambassa dor Suescum reported on his 
consultations held in June and on the 11th Dedicated Discussion held in July at which 7 submissions 
were introduced.1 At that Dedicated Discussion, delegations provided preliminary comments and 
recognised the need to have furthe r discussion on the submissions. At that same meeting, the 
Secretariat was requested to update its background information note on the Work Programme. The 
update was circulated as JOB/GC/73/Add.1 on 24 October 2016.  
1.5.  After the summer break, Ambassador Suesc um held consultations with those 25  Members 
who responded to his open invitation to discuss how best to proceed with the discussion of the July 
submissions. Based on his bilateral consultations, he suggested proceeding on a thematic basis, 
starting with a discussion on facilitating e -commerce and e -commerce for development .  
1.6.  The 12th Dedicated Discussion was held on 18 October 2016. However, substantive 
discussions did not take place given the procedural concerns expressed by some delegations. In 
that regar d, I subsequently undertook consultations, together with Amb Suescum and met 
                                                
1 The report was ci rculated as WT/GC/W/721 . WT/GC/W/728  
 
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  bilaterally with almost 40 delegations. The list of delegations included all the regional coordinators 
– the African Group, GRULAC, Asian Group of Developing countries and the Pac ific, as well as the 
ACP, and the LDC Group. In addition, delegations that had submitted documents as well as those 
that had expressed concerns during the Dedicated Discussion were invited.  
1.7.  With each delegation, I sought their views on how best to move fo rward in the e -commerce 
discussion, particularly with regard to the submissions tabled since July.  Views expressed by 
Members during the consultations varied both in terms of substance and process.  
1.8.  Many delegations stressed the need to continue work on e -commerce in line with the 1998 
mandate of examining and exploring its trade related aspects. Some felt that e -commerce was 
being given a higher priority as compared to the Doha issues of interest to them. It was also their 
view that some of the submission s went beyond the exploratory nature of the Work Programme 
and were looking towards rule -making.  
1.9.  During the consultations, we sensed some misunderstanding on the role of the Dedicated 
Discussion. One delegation specifically said that it would oppose any d iscussion on e -commerce in 
the Dedicated Discussion. In its view, the Nairobi Decision directed Members to submit and discuss 
papers in the subsidiary bodies. In response to these concerns, I recalled that the General Council 
does have a central role in th e Work Programme and considers issues of a cross -cutting nature. I 
further recalled that, the Work Programme was established to examine all trade -related issues 
relating to global electronic commerce, and that under paragraph 34 of the Nairobi Declaration,  
any negotiations must be decided by consensus.   
1.10.   Some delegations stressed the need to avoid using procedural issues to block discussion. In 
their view, if some Members do not want to discuss at all, they must make that clear.  
1.11.   Many delegations recognised  the potential benefits of e -commerce but noted the existing 
structural and infrastructural challenges that needed to be addressed first and foremost. A number 
of delegations noted that some of the development related issues can only be addressed in the 
course of discussions, which will help fill the knowledge gap. The efforts of the Friends of 
E-commerce for Development were also noted, including the seminar to be held on 9 December.  
1.12.   With regard to the forum for discussion, some were of the view that the submissions should 
be discussed first in the relevant subsidiary bodies and that issues should only be brought to the 
Dedicated Discussion once they  had " matured ". Others were of the view that the Dedicated 
Discussion had the mandate to discuss cross -cutting issues. The suggestion to have a joint 
meeting of all relevant bodies was supported by a number of delegations although a few 
questioned how such a meeting would be conducted. Others have suggested having informal open -
ended discussions. Another suggest ion was to submit e -commerce related documents in multiple 
document symbols given the cross -cutting nature of e -commerce.  
1.13.   On the way forward, it is clear that some delegations want to see some progress by MC11. 
Others do not share this view and want to co ntinue the exploratory nature of the Work 
Programme. At the same time, for some delegations, the only possible way forward is to first have 
a deep discussion about procedures so that all the issues can be put on the table and Members can 
define exactly wha t the Dedicated Discussion can do. One delegation noted that the Work 
Programme has been ongoing for many years and that Members needed to take stock and look at 
best practices as a start.  
1.14.   As we move forward, it is my hope that delegations will continue d iscussing electronic 
commerce. It is important to address the knowledge gap as well as the connectivity issues, in 
close cooperation with other organi sations that can complement WTO' s work. In addition, Members 
should identify issues that can be discussed in the WTO and proceed incrementally in a transparent 
and inclusive manner to deepen their common understanding of the WTO' s role in the field of e -
commerce. There have been suggestions to start with the easier issues – issues that can garner 
consensus. Ho wever, any identification process will require a discussion. What, how and where to 
discuss remains in the hands of Members.  
1.15.   As Chairman of the General Council, I remain ready to consult further with Members in this 
regard.   
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