INF/MSME/W/22/Rev.2  
 
7 February 2020  
(20-1000) Page: 1/2 
  Original: English  
 
INFORMAL WORKING GRO UP ON MSMES  
DRAFT MINISTERIAL RE COMMENDATION ON PROM OTING MSMES INCLUSIO N  
IN REGULATORY DEVELO PMENT IN THE AREA OF  TRADE  
Communication from Canada, the Russian Federation and Uruguay  
Revision  
The following communication, dated  7 February 2020 , is being circulated at the request of the 
delegations of Canada, the Russian Federation and Uruguay.  
 
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Recalling  the Declaration on the Establishment of the WTO Informal Work Programme for MSMEs 
(WT/MI N(17)/58/Rev.1);  
 
Recognizing  that regulatory changes may be particularly burdensome for MSMEs and that WTO 
Members could minimize potential challenges by assessing the impact of new rules on MSMEs and 
by providing adequate opportunity for MSMEs to comment  on and adapt to new regulatory 
requirements;  
 
Noting  the discussions by the MSME Informal Working Group of horizontal and non -discriminatory 
solutions in the area of regulatory practices, which are likely to yield benefits for the participation of 
MSMEs i n international trade;  
 
Noting  that principles of MSME inclusion in regulatory development have been established in a 
number of Members ' domestic jurisdictions and included in a number of regional trade agreements;  
 
Noting  that WTO agreements include rules on consultations with stakeholders in the process of 
regulatory development but do not explicitly refer to MSMEs;  
 
Building on  the implementation of Articles 1 and 2 of the Agreement on Trade Facilitation and 
Article  X of the General Agreement on Tariffs and Trade;  
 
We, the Members of the Informal Working Group on MSMEs,  
 
Recommend  that WTO Members:  
 
1. Promote the consideration of the specific needs of MSMEs  in domestic trade -related regulatory 
development. For this purpose, WTO Members are encouraged, consistent with their 
implementation capacities and with respect to issues covered by the WTO agreements, to 
establish domestic regulatory procedures that incl ude: 
a) Consultation with MSMEs in the process of developing new regulations;  
b) Publication of drafts of regulations before their adoption, or of consultation documents that 
provide sufficient details about a possible new regulatory measure, preferably at  an early 
stage of their development;  INF/MSME /W/22/Rev.2  
 
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  c) An assessment of the impact of possible new regulatory measures on MSMEs and, as 
appropriate, consideration of potential steps to identify and mitigate potential economic 
impacts on MSMEs – including alternative com pliance approaches where appropriate – 
while allowing the Member to fulfil its regulatory objectives;  
d) Provision of a reas onable period of time for all the interested parties, including MSMEs, to 
comment on possible new regulatory measures;  
e) The prompt  publication of such adopted regulations  so as to allow economic operators to 
adapt to the new regulatory requirements;  
f) A retrospective review of adopted regulations t o assess whether there are opportunities 
to more effectively achieve public policy obj ectives and reduce unnecessary regulatory 
burdens, including on MSMEs.  
2. Publish any available documents referred to in paragraph 1 in electronic form and provide free 
public access to them.  
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