S/C/ 52 
 
19 July 2017 
(17-3968) Page:  1/2 
Council for Trade in Services   
 
WORK PROGRAMME ON EL ECTRONIC COMMERCE  
REPORT BY THE CHAIRMAN OF THE COUN CIL FOR TRADE IN SER VICES  
TO THE GENERAL COUNC IL 
1.1.  Pursuant to the 201 5 Ministerial Decision1 instructing the General Council to review progress 
on the Work Programme on Electronic Comm erce in its session of July 2017, the Council f or Trade 
in Services agreed on 16 June 2017 that I should report to the General Council , on my own 
responsibility.   This report  follows the one issued in December, in document S/C/51 . 
1.2.  The Council for Trade in S ervices discussed the Work Programme on Electronic Commerc e at 
both of its formal meetings , on 16 March  and 16 June 2017, in accordance with  the Ministerial 
mandate to continue that work.  
1.3.  Over the  course of the  two meetings , Members  considered a number of  communications that 
were submitted to the Council as well as other relevant bodies entrusted with the Work 
Programme .  Specifically, delegations addressed  the communication from China and Pakistan, 
"Aiming at the 11th Ministerial Conference"2; the one from Argentina, Brazil and Paraguay on 
"Electronic signatures"3; the communication from the EU and co -sponsors on "Trade policy, th e 
WTO, and the digital economy"4; the submission from Singapore and co -sponsors on "Electronic 
commerce and development"5 and th e submission by ASEAN , titled "ASEAN reflections on lunch 
panel on "Can e -commerce trade rules help MSMEs from developing countries ?" held during the 
UNCTAD E -Commerce  Week, 27 April 2017".6 
1.4.  The communications generated a very high level of engagement by M embers, with over 30 
delegations intervening  at each meeting .  Members' comments were  principally of a general 
nature.  Many delegations  emphasized  the transformative role of e-commerce , its positive impact 
on growth and development  and its potential to reduce transaction costs  especially for MSMEs . 
1.5.  A number of Members  shared information about their own domestic regulatory frameworks 
relating to  e-commerce, as well as their experience with negotiating e -commerce provisions in 
regional trade agreements.  All delegations welcomed  the exchange  of information on national 
experiences with regard to e -commerce, with many underscoring the special relevance of hearing 
about the experiences of developing countries.   
1.6.  Numerous  Members signalled their readiness to work  towards an outcome for MC11 .  Various 
said that many of the submissions tabled offered useful information and a structured approach 
that could facilitate discussions .  Recognising that Members' views on a Ministerial outcome  on e-
commerce differed , some  argued for a gradual approach that  would initially focus on less 
controversial issues.  In particular, several delegations called for attention to be given to areas that 
would enhance  consumer and business confidence  with electronic transactions and, as such , 
facilitate e -commerce .  The elements that were mentioned most frequently by these delegations , 
as possible areas where progress could be achieved , include e lectronic signatures and 
authentication, e-payments, transparency and extending the duration of th e moratorium on 
electronic transmissions .  A handful of delegations also mentioned that e-commerce would be 
further enhanced by pursuing market access liberalization in services , particularly with respect to 
mode  1, alongside a  facilitation agenda.  
                                                
1 Document WT/L /977. 
2 Documen t JOB/SERV/243/Rev.1 . 
3 Document JOB/SERV/247 . 
4 Document  JOB/SERV/248/Rev .2. 
5 Document JOB/SERV/249.  
6 Document JOB/SERV/260 .   S/C/52 
 
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  1.7.  Several  Members , however,  argued against any rule -making on e -commerce  under the Work 
Programme  or as part of any Ministerial outcome .  These delegations stated  that some of the 
communication s tabled went beyond the purely exploratory mandate of the Work Programm e, 
particularly with the mention  of market access issues.  They also opined that a number of the 
issues raised were being addressed in other competent multilateral organisations , which were the 
appropriate fora, and  did not belong in the WTO.  They called on the proponents to re draft their 
submissions , to make them  more development -focused, specific to the body concerned and 
consistent  with the scope of the Work Programme .   
1.8.  These delegations  also underscored the need for the Work Programme to  put the needs  of 
developing countries and LDCs at the centre of the debate and to address,  as a matter of priority, 
the development, industrialisation  and e mployment  implications of e -commerce.  Amongst the 
specific issues mentioned were  the digital divide, access to i nfrastructure, connectivity issues, 
technology  transfer , workforce skills , regulatory  capacity  and, more generally, the challenges faced 
by developing countries in becoming  "e-commerce ready" .  The  Members in question  also referred 
to a number of elements  that should be clarified  in the Council's discussions , including  definition al 
and scope  issues , measurement challenges, the distinction bet ween modes 1 and 2 in a digital 
context, the classification of d igital products and the question  of "new services ". 
1.9.  A couple of delegations called for the Secretariat to update the  Background Note  it had 
produced in 1998 to  assist the Council with its deliberations of the treatment of electronic 
commerce in the GATS  legal framework, as per the relevant mandate in the Wor k Programme.7  
One delegation, however, argued that the update was not warranted, given that the GATS legal 
framework had not undergone any changes . 
1.10.   A few delegations referred to the institutional arrangements for the Work Programme  
deliberations .  While s ome welcomed that submissions had been tabled , and were being discussed , 
in the  various  subsidiary bodies entrusted with the Work Progra mme, including the Council, a few 
others called for a more consolidated  approach  to deliberations, to be held possibly i n a joint 
meeting of all the relevant bodies.   
1.11.   For my part, I  invited delegations to reflect on  how the Council  could best structure its 
future discussion s and make the most productive use of its time.  It was agreed that the question 
would  be taken up at informal consultations, which I have convened on 20 July.   
1.12.   Under the Work Programme's exchange of information  sub-item, China shared with the 
Council an informative present ation on  the commercial evolution of e -payment services in its 
market and the appli cable regulatory regime.  
1.13.   The Council continued consideration of  a proposal to hold a thematic seminar on e -
commerce , which had initially been put forward by Chinese Taipei .8  At the March meeting, the 
Council agreed to hold the seminar and tasked the Secre tariat with the p reparation of a draft 
programme  that would  reflect all the concerns raised and comments made  on Chinese Taipei's 
proposal .  The draft programme  was prepare d and circulated to all Members  for comment.9  The 
Secretariat receive d suggestions from some delegations  by the prescribed deadline; given the 
nature of the suggestions , it was decided that Members would  revert to the Council f or further 
discuss ion of  the draft programme.  At the June meeting, however, it was agreed that, in the 
interest  of time, consideration of the draft Secretariat programme would be taken up in informal 
consultations . 
1.14.   The Council for Trade in Services will revert to the Work Programme at its next  formal  
meeting  in September .  
 
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7 Document S/C/W/68.  
8 Document RD/SERV/133/Rev.2 . 
9 Document JOB/SERV/25 6.