RESTRICTED  
  
WT/GC/M/148  
 
28 October 2013  
(13-5949)  Page: 1/13  
General Council 
9 October 2013    
 
 MINUTES OF MEETING 
HELD IN THE CENTRE WILLIAM RAPPARD ON 9 OCTOBER 2013  
Chairperson:  Mr. Shahid Bashir (Pakistan) 
Prior to the adoption of the agenda, the Chairman welcomed, on behalf of the General Council, the 
new Deputy Directors-General of the WTO, Mr . Yonov Frederick Agah, Mr. Karl Brauner, 
Mr. David Shark and Mr. Xiaozhun Yi. Throughout the course of the meeting, some Members also welcomed the new Deputy Directors-General.  
 
Subjects discussed
1: 
 
1  REPORT BY THE CHAIRMAN OF THE TRADE NEGOTIATIONS COMMITTEE ..................... 2  
2  WORK PROGRAMME ON SMALL ECONOMIES – REPORT BY THE CHAIRMAN OF 
THE DEDICATED SESSION OF THE COMMI TTEE ON TRADE AND DEVELOPMENT ............... 4  
3  NINTH SESSION OF THE MINISTERIAL CONFERENCE ................................................... 5  
3.1  ATTENDANCE OF OBSERVERS FROM INTERNATIONAL INTERGOVERNMENTAL 
ORGANIZATI ONS .............................................................................................................. 5  
3.1.1  Request from the Le ague of Arab  States ..................................................................... 5  
3.2  REQUEST FOR OBSERVER STATUS BY PALESTINE TO THE NINTH SESSION OF THE 
MINISTERIAL CONFERENCE ................................................................................................ 6  
3.3  STATEMENT BY THE CHAIRMAN .................................................................................... 6  
4  IMPROVING THE GUIDELINES FOR GRANTING INTERGOVERNMENTAL 
ORGANIZATIONS PERMANENT OBSERVER STATUS IN THE WTO – STATEMENT BY THE CHAIRMAN ................................................................................................................ 8
 
5  INTERNATIONAL TRADE CENTRE UN CTAD/WTO – REPORT OF THE JOINT 
ADVISORY GROUP ON ITS FORTY-SEVENTH SESSION ...................................................... 9  
6  CHAIRMANSHIP OF THE TRIPS COUNCIL IN SPECIAL SESSION – STATEMENT 
BY THE CHAIRMAN ......................................................................................................... 10  
7  CHAIRMANSHIP OF THE WORKING PARTY ON THE ACCESSION OF THE UNION OF THE COMOROS – STATEMEN T BY THE CHAIRMAN ..................................................... 11
 
8  STATEMENT BY THE CHAIRMAN IN CONNECTION WITH ADMINISTRATIVE 
MEASURES FOR MEMBER S IN ARRE ARS ......................................................................... 11  
ANNEX ‐ STATEMENTS BY DELEGATIONS AT THE INFORMAL MEETING OF THE 
TRADE NEGOTIATIONS COMMITTEE ON 30 SEPTEMBE R 2013 ........................................ 12  
 
                                               
1 The Agenda was circulated in WT/GC/W/673. WT/GC/M/148 
 
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1  REPORT BY THE CHAIRMAN OF THE TRADE NEGOTI ATIONS COMMITTEE 
 1.1.  The Chairman invited the Director-General, as  Chairman of the TNC, to report on the TNC's 
activities since his last report to the Council. 
 1.2.  The Director-General
2, Chairman of the TNC, recalled that the TNC had held one formal 
meeting on 23 September3 and an informal meeting on 30 September.4 H e  s a i d  t h a t  t h e  
discussions had been focused, precise and busine ss-like. Delegations had been talking to one 
another in ways not seen for a number of ye ars. He noted that trust had been growing, 
compromises suggested and flexibility was being shown. The tenor of the negotiations had 
improved and delegations had started being in a solution-finding mode. However, the pace of 
substantive advancement was still far too slow for the Bali target. Thus, significant challenges remained to close gaps on a number of important issues. 
 
1.3.  He recalled that during the TNC meeting on 23 September, he had told Members to aim to conclude the main part of the negotiations in Geneva by the end of October. He cautioned 
delegations that, maintaining the current pace, the end of October goal to have all landing zones 
clearly identified could be missed. He then stressed the need for more intensified engagement with required flexibility and urgency.  
1.4.  He further highlighted the political nature of the issues where convergence was either very 
slow or non-existent. He stressed the urgency of receiving fresh instructions from Ministers, and instructions of the kind that would move the negotiations towards convergence. In relation to this, 
he sent a letter to all Ministers to emphasize the need for their immediate, personal and active 
engagement. He reported that he had already rece ived positive responses to this letter from a 
number of Ministers. 
 
1.5.  He said that in recent days he had continued his outreach to Ministers. He had attended the 25
th APEC Ministerial Meeting in Bali the previo us week and wished to the Government of 
Indonesia for the excellent arrangements put in place, which augured well for MC9 in December. 
He had also had the opportunity to stop over in New Delhi for discussions with Indian Minister of 
Commerce Anand Sharma. These meetings had provided a useful and timely opportunity to gauge the level of support and concern for the MC9 prospects. He was deeply encouraged by the strong 
commitment from these Ministers to a successful Bali outcome. They understood what was at 
stake.  
1.6.  He said there was a strong resolve by Ministers to instruct their negotiators to deliver an 
outcome within the timeframe he had set out, that  was in a matter of three weeks. It was clear 
that Ministers remained firmly committed to pres erve the credibility of the multilateral trading 
system and its negotiating arm. He had also been encouraged to hear the reaffirmation from 
Ministers that they continued to place development at the heart of the negotiations. They also 
continued to attach utmost importance to delivering convincing outcomes for LDCs. In this final phase of the work, he would continue to reach out to as many Ministers as necessary to call for 
their urgent, personal and direct engagement and support. 
 1.7.  His outreach would also involve other international institutions. He would be travelling to 
Washington for the World Bank/IMF annual meeting for further discussions on Bali preparations. 
He would also be looking forward to hearing Amb. Agah's report on the ACP Trade Ministers' meeting upon his return.  
1.8.  He further reported that, since the last informal TNC on 23 September, the three Chairs, LDC 
Facilitator and Friends of the TF Chair had been operating on a continuous basis to deepen and 
extend convergence and rapidly close gaps in the limited time remaining. He hoped that 
delegations had received from capitals the much-nee ded additional flexibility to genuinely look for 
convergence in all three areas. He would ask the Ch airs to report on their recent consultations at 
the TNC meeting. The Chairs would be reporting to Members and to himself. 
                                               
2 The Director-General's statement was circulated in JOB/GC/58. 
3 The Director-General's statement at the TNC meeting on 23 September was circulated in JOB/TNC/21 
and is incorporated by reference in the minutes of this meeting. 
4 The Director-General's statement at the TNC meeting on 30 September was circulated in JOB/TNC/22 
and is incorporated by reference in the minutes of this meeting. WT/GC/M/148 
 
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1.9.  He would also set out the next steps. From the following Monday, Members would be entering the final stages of the Bali preparatory process – the moment of truth would have arrived. He strongly urged the Members to engage in intensive consultations with their capitals, for them to be 
in a genuine solution-finding mode. He further su ggested for Members to start clearing out their 
diaries of evening and weekend engagements for th e upcoming period to enable them to devote 
maximum time and energy to securing the needed consensus. He might call them unexpectedly 
and at short notice – alone or with others – depending on the hurdle to be surpassed. He said that 
beginning the following Monday, every hour would be a working hour and every day would be a working day. He said that prospects for Bali were within reach. He would facilitate and consult where he could, but Members were holding the pen to write not only the outcome of Bali, but also, 
more importantly, the future of the DDA and the WTO's negotiating function. 
 1.10.  The representative of Nepal, on behalf of the LDC Group, said that the Group appreciated 
the Director-General's substantive engagement with the Ministers and other high-ranking officials to advance the process.  
1.11.  The representative of the Kingdom of Sa udi Arabia, on behalf of the Asian Group of 
Developing Members, commended the Director-General for his energetic approach and intensive 
engagement in the negotiations, as the Chair of  the Trade Negotiations Committee. Since taking 
office, he had reached out to Ministers, Senior Officials and Ambassadors to stress the importance 
of very rapidly identifying all "landing  zones" for the Bali Ministerial.   
 1.12.  He said that time was short and significant additional effort was required for the Bali 
Ministerial Conference to be a success. In just a few days, Members would enter into the final 
countdown mode. Members should intensify their work and adopt a more constructive and open approach to expedite the negotiations. Success would only be possible if Members moved from 
entrenched stated positions and consider the bigger  picture – the importance of the Bali Ministerial 
for the Doha Development Agenda, the future of the Multilateral Trading System and the 
Organization. The Asian Group of Developing Members encouraged a more positive approach from all Members to address the challenges faced in the short term. Members had to strive to level out 
their differences and actively seek to achieve co nsensus on all the issues before them, in time. 
 1.13.  He stressed that Members had to work on a properly balanced Bali Package. In order to be 
acceptable to all, it should address all three pillars, i.e., trade facilitation, agriculture and 
development/LDCs issues. Despite the task facing them, Members could not afford to put aside important issues, particularly those that reflect the interests and concerns of least-developed and 
developing country Members and those with an important development dimension. The Asian 
Group of Developing Members wished to Member s to show additional flexibility and greater 
determination to achieve rapid progress on all the matters, including, inter alia , the monitoring 
mechanism, preferential rules of origin, public st ockholding for food security and domestic food 
aid, export competition and TRQ administration, trade facilitation and other issues under the LDC 
package. Building on the headway made with some of these matters in recent weeks, Members had to reflect upon what was doable and seek pragmatic solutions. Closing the remaining gaps 
required convergence. 
 1.14.  Reaching an agreement on the Bali Package was absolutely essential for the credibility of 
the multilateral system and the future of the Orga nization. A meaningful set of agreements in Bali 
was needed, to restore confidence in the system and allow its strengthening. Members could not afford, as too often in the past, to miss out on this opportunity to put the trade and development agenda back on track.  
 
1.15.  While focusing on making Bali a succe ss, Members should not overlook medium- and 
long-term goals. The agreement reached in Bali wo uld only be a stepping stone if Members had a 
work programme for the two coming years. The Asian Group of Developing Members therefore 
also welcomed discussions on the post-Bali agenda with a view to concluding the DDA and fortifying institutional settings. 
 
1.16.  The representative of Jamaica, on behalf of  the ACP Group, said that the Director-General's 
assessment presented a sobering picture, as reflected on the time available to close remaining 
gaps in the negotiations and secure a balanced outcome across the three negotiating pillars in time 
for Bali.  WT/GC/M/148 
 
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  1.17.  The ACP Group had welcomed the intensified programme of work being spearheaded by the 
DG in relation to the Bali deliverables and stood ready to engage at all levels in the further search for consensus in all areas. The ACP Group apprec iated the renewed engagement with capitals and 
regional groups and trust that the declarations of  commitment at those levels would be translated 
into positive action at the negotiating table here in Geneva. It was therefore important to note that 
ACP Trade Ministers were meeting at that very moment in Brussels and would be considering, inter 
alia, the preparations for MC9 and in particular the issues being considered for decision in Bali.  
1.18.  The level of ambition for Bali, though modest, would still require significant political will on 
the part of all Members to be realized. Members should therefore choose wisely and act decisively 
in the remaining period between now and Bali. In  this regard, the ACP reaffirmed its commitment 
to work constructively with all Members and groups to achieve a successful outcome in Bali. 
1.19.  The General Council took note of the Director-General's report and of the statements. 
 
2  WORK PROGRAMME ON SMALL ECONOMIES – REPORT BY THE CHAIRMAN OF THE 
DEDICATED SESSION OF THE COMMITTEE ON TRADE AND DEVELOPMENT 
 2.1.  The Chairman said that, in line with th e framework and procedures agreed by the General 
Council in 2002, the Work Programme on Small Economies was a standing item on the General 
Council's agenda, and the Committee on Trade and Development reported regularly to the Council 
on the progress of work in its Dedicated Sessions on this subject. 
2.2.  The Chairman read out the report on work in this area on behalf of Mrs. Williams (Barbados), 
Chairperson of the Dedicated Sessi on of the CTD, as follows: 
"Since the last report to the General Council on the Small Economy Work Programme last 
July, the proponents of Small Economies have been working with Members in informal 
session. The most recent such meeting was held on 30 September. At that meeting 
Members agreed to hold a Workshop on the Effects of Non-Tariff Measures on the Exports of Small Economies, as they had proposed in document WT/COMTD/SE/W/27/Rev.2. The 
Workshop will take place on 23 October and will be the main focus of the 26
th Dedicated 
Session on Small Economies. A background paper for the Workshop has been prepared by the Secretariat and will be circulated to Members soon.  
The Workshop will be organized around three themes: the first concerns recent work on 
NTMs undertaken by several international organizations, mainly the International Trade 
Centre and UNCTAD; the second will address national experiences with NTMs and efforts by exporters to meet the various challenges th ey pose and the third theme will focus on 
building capacity to meet NTM Challenges and will include a presentation by staff working 
with the Standards and Trade Development Facility (STDF) as well as interventions from those Members who have assistance programmes in place to help developing countries and 
especially small economies meet some of the more complicated NTM requirements. 
Other areas of work for Members in the Dedicated Session concern the proposed language 
for a draft paragraph for consideration by Mi nisters at MC9 on the future of the Work 
Programme on Small Economies. Consultations have begun but will need to intensify soon if 
a text is to be agreed in the weeks ahead." 
2.3.  The representative of Barbados, on behalf  of the SVEs, said that the statement gave an 
accurate report of the work within the CTD under the Work Programme on Small Economies since 
the July report. SVEs wished to thank WTO Members for their support and spirit of engagement 
during the consultations which brought about the agreement to hold a Workshop on the Effects of Non-Tariff Measures on the Exports of Small Economies as part of the 26
th Dedicated Session on 
Small Economies on 23 October 2013. The proposal for a workshop, as well as the elaboration of 
the work which had been started by the WTO Secretariat on NTMs and small economies by 
developing a factual assessment, had been proposed by SVEs in WT/COMTD/SE/W/27/Rev.2. The decision for the WTO Secretariat's further elaboration on the factual assessment had been agreed 
to and reported to the General Council in July. It was envisaged that the presentation of this 
background document would form the basis for the start of the Workshop.    WT/GC/M/148 
 
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  2.4.  SVEs considered that the organization of the workshop based on the three themes as detailed 
by the CTD Chair's report was balanced and would provide for a rich and productive debate by all 
Members. SVEs therefore encouraged Members' active participation in examining this important issue. 
 
2.5.  SVEs remained cognizant that MC9 was quickly approaching. SVEs had therefore been 
working assiduously with the Members to fulfil the MC8 mandates for the future work under the 
Work Programme on Small Economies. Consultations had already started towards an agreement 
on the text of the Decision on the Small Econ omies Work Programme which would be decided by 
Ministers at the Bali Meeting. SVEs would intensify these in the coming days.  
2.6.  SVEs looked forward to having a fruitful an d productive workshop on the effects of NTMs on 
the exports of Small Economies. They also looked  forward to working with Members to submit a 
meaningful report to the Ministerial Conference  in Bali and the imminent agreement on the 
Decision on the Work Programme on Small Economies. 
 2.7.  The General Council took note of the repo rt of the Chair of the Dedicated Session of the 
Committee on Trade and Development and of the statement. 
 3  NINTH SESSION OF THE MINISTERIAL CONFERENCE 
3.1.  The Chairman noted that, as indicated in the agenda for the meeting, there were three sub-
items under this agenda item: (a) Attendance of  Observers from International Intergovernmental 
Organizations, and a request from the League of Arab States to attend MC9; (b) the request for 
Observer status by Palestine, and (c) a statement he would be making as Chairman. He had 
conducted consultations on all these matters in various formats, including with the coordinators of 
WTO Groups, and he wished to report on these consultations. He would then open the floor to delegations. 
3.1  ATTENDANCE OF OBSERVERS FROM  INTERNATIONAL INTERGOVERNMENTAL 
ORGANIZATIONS 
3.1.1  Request from the League of Arab States 
 
3.2.  The Chairman recalled that past practice up to MC7 was to invite those IGOs which had 
observer status in the previous Ministerial Confer ence to attend the next one. Delegations would 
also recall that for MC8, consensus on repeating past practice with respect to IGOs attendance 
could not be reached, and that therefore no IGOs were invited to attend MC8.  
 3.3.  He reported that since the last Council meeting, he had continued to consult with delegations, 
informally and in small groups, in an effort to try and find a positive solution to this matter. From 
these consultations, he began to see some possible avenues that could perhaps be explored in order to find a way forward. He believed that the importance of the participation of IGOs in this particular Ministerial Conference could not be overstated. He pointed out that Members strived to 
put up a Bali package, and for some of the issues aimed to be delivered, several IGOs played a 
prominent role, also in terms of technical assistance and capacity building. At a time when the importance of restoring the credibility of the WTO at Bali had been stressed, it would not send a 
good signal to the world if IGOs were not allowed to take part in the Conference. The WTO could 
not possibly work in isolation. He urged all delegations to work together with a truly constructive spirit to resolve this. As Council Chair, he would continue to work intensively with all Members.   
 
3.4.  He further stated that as regards the request from the League of Arab States to attend MC9, his recent consultations continued to indicate that this was not agreeable to some Members at this time and that more consultations would be necessary. 
 
3.5.  The General Council took note of the Chairman's statement. 
 WT/GC/M/148 
 
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  3.2  REQUEST FOR OBSERVER STATUS BY PALESTINE TO THE NINTH SESSION OF THE 
MINISTERIAL CONFERENCE (WT/L/884) 
3.6.  The Chairman recalled that Palestine had su bmitted a request for observer status at MC9, 
circulated in WT/L/884. On the basis of his cons ultations, he proposed that the General Council 
agree to grant Palestine Observer Status for MC9 on an ad hoc basis.  
 3.7.  The General Council so agreed. 
 3.3  STATEMENT BY THE CHAIRMAN 
3.8.  The Chairman informed the General Council th at, as part of the preparatory process for MC9, 
he had held another meeting with the Chairs of the General Council's subsidiary bodies. This was 
in light of the fact that the Conference had to fulfil its standing obligation to undertake an 
Overview of WTO activities on the basis of Annual Reports from the General Council and its subsidiary bodies. These annual reports constituted the main vehicle through which WTO bodies 
report to Ministers on progress of work in their respective areas, and might include points or 
recommendations for action by Ministers. The annual reports had to be considered by the General Council at its November meeting, so that the Council could forward them to the Ministerial 
Conference for the consideration of Ministers.  
3.9.  He recalled that Ministers at MC8 had provided specific mandates for work under the General 
Council's purview in seven stand-alone decisions. These were related to TRIPS non-violation and situation complaints; E-commerce; Work Programme on Small Economies; LDC Transition Period 
under the TRIPS Agreement; Accession of LDCs; LDCs services waiver; and the Trade Policy 
Review Mechanism. In addition, in the Elements for Political Guidance they adopted, Ministers 
agreed on work in WTO regular bodies in a number of areas, such as the focused work on trade 
and development in the CTD. 
3.10.  Therefore, he had invited the Chairs of subs idiary bodies to review the latest developments 
in their respective areas with respect to the follow-up to the MC8 Decisions and preparations for 
MC9. He stressed that he was referring to work which was outside the negotiations – as the 
Director-General had specified, an intensive horizontal process was taking place under the TNC auspices on the DDA deliverables for Bali. 
3.11.  He noted that the Chairs had been able to report that work was fully on track in all areas. 
Regarding the MC8 decisions, work under the relevant mandates had been concluded with respect 
to the LDC Accession Guidelines and the transition period for LDCs under the TRIPS Agreement. The LDC Sub-Committee had adopted a revised work programme before the summer break. 
Regarding TRIPS non-violation and situation complaints, where a moratorium would expire at MC9, 
the TRIPS Council Chair had reported that intensive consultations had taken place, and the TRIPS Council would be considering this issue at its meet ing that same week. In the TPRB area, the Fifth 
Appraisal was being finalized, and the TPRB would formally consider it before the General Council 
meeting in November.  
3.12.  The CTD had conducted work to fully op erationalize its mandate as a focal point for 
development work, in light with the guidance by Ministers at MC8. On small economies, the 
Dedicated Session had been discussing a draft text for Ministers, as he had also noted under 
item 2 of the Agenda. He further noted that, on Aid for Trade, the Director-General would make a statement on future work at the CTD Aid for Trade Session on 15 October, and his statement and 
those of Members would be reflected in the CTD Annual Report. A recommendation for Ministers 
would also be contained in the Annual Report of  the Working Group on Trade and Transfer of 
Technology. Some Chairpersons had also noted that their Annual Reports had already been 
adopted, or that they would be adopted shortly an d in time for the next General Council meeting.  
3.13.  On E-commerce, work had been conducted in the Goods Council, Services Council and the 
CTD. In this respect, he recalled that, as had been the past practice, former DDG Singh had been dealing with the work programme on his behalf and that of his predecessors since 2005. 
Throughout the course of the year, he had held a number of consultations on this matter and the 
most recent consultations had been held on 25 September 2013. At that meeting, Members had agreed, ad referendum, to a draft Ministerial Decision on E-commerce. He recalled that WT/GC/M/148 
 
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  DDG Singh's term of office had ended on 30 Sept ember 2013 and, in that regard, he informed 
Members that he would take over, in his capacity as General Council Chairman, the coordination of the E-commerce discussions until, at least, MC9. He had already re-convened a meeting of the Dedicated Discussion on E-commerce on 18 October to adopt its report and the draft Ministerial 
Decision on E-commerce. The report, together with  the draft Decision, would then be considered 
by the General Council at its meeting in November and thereafter forwarded to MC9. 
3.14.  He reiterated that the meeting with the Chairs was part of a process aimed at ensuring the 
necessary coordination between different WTO bodies, so that all of this work would be brought to 
the General Council in time for it to be reported to Ministers in Bali. He also stressed that the next meeting of the General Council would be the last one before Bali. As delegations had heard from the Director-General, a process would be under way under the TNC umbrella to finalize the 
package of Bali deliverables in the DDA. There would soon be a point at which Members would 
have to identify all the issues to be submitted to Ministers and consider how and in what format this should be done. 
3.15.  Before concluding, he recalled that, at the June meeting of the General Council, the 
Chairman of the Budget Committee had provided information on the dedicated trust fund to facilitate the participation of LDCs at MC9, and invited interested Members who had not already 
done so to contribute to this fund. He then noted that the Secretariat would circulate an 
information note concerning the arrangements for speakers in the plenary session at MC9. 
Statements in the plenary session would be delive red in accordance with the List of Speakers 
which would be open for inscription on 21 October 2013. All the relevant details would be 
contained in the information note referred. 
3.16.  The representative of Egypt, on behalf of the Arab Group, thanked the Chairman for his 
statement and for his efforts. She also expressed the Group's appreciation about the General 
Council granting Palestine Observer status for MC9 on an ad hoc basis. She hoped that this would 
evolve into a more permanent situation in the future. 
3.17.  At the outset, she stressed that the Arab Group had repeatedly expressed its views 
regarding the necessity of improving the guidelin es for granting Intergovernmental Organizations 
permanent observer status in the WTO. The Group truly believed that the agreement on improved 
guidelines would have been beneficial to deal with the participation of IGOs in the Bali Ministerial.  
3.18.  As Members looked for a successful outcom e of the coming MC9 in Bali, they had found 
themselves engaged constructively in intensified discussions and consultations on substantive 
matters, namely, Trade Facilitation, LDCs Issues and proposals regarding certain elements in agriculture. Unfortunately, the time had elapsed without the sought progress or at least paying 
adequate attention to fill the systemic gap in the relevant guidelines.  
3.19.  In this context, she wished to remind WT O Members of the importance of resolving such a 
systemic issue, since the current circumstances di d not deliver positive signals. Also, the Arab 
Group did not accept unequal treatment of IGOs. Fu rthermore, the participation of all IGOs in the 
upcoming MC9 in Bali should be deemed equally important to the conclusion of a small package on substantive issues. It was unfair for the host country, the new Director-General and the whole Membership that IGOs were not invited to participate in the Bali Ministerial.  
3.20.  She said that the Arab Group was, and ha d always been, constructive and dealing with all 
the issues within the WTO in a spirit of cooperation and responsibility. She noted that Paragraph 7 of Article XXXVI of the GATT 1947 read as follows:  
"[T]here is need for appropriate collaboration between the CONTRACTING PARTIES, other 
intergovernmental bodies and the organs and agencies of the United Nations system, who 
activities relate to the trade and economic development of less-developed countries. 
[Emphasis added]" 
3.21.  Inspired by the said paragraph and the re-emergence of Peace Clause or an interim 
mechanism in substantive areas, namely agriculture, the Arab Group found it pertinent to show a greater deal of flexibility in light of the pressing need to reach consensus over the IGOs WT/GC/M/148 
 
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  participation in the Bali Ministerial. Therefore, the Group invited the General Council to consider 
the following elements for adoption:  
 "The Ninth Ministerial Conference that will be held in Bali, Indonesia, from 3 to 
6 December 2013, shall secure the broadest participation, including IGOs;  
 It is suggested that the Bali Ministerial is to be dealt with in a standalone manner;  
 All the IGOs that have requested for observer status, in writing, shall be invited to 
participate in the Bali Ministerial;  
 The IGOs that participate as observers in the Bali Ministerial shall not automatically be 
accorded such status in other bodies, or in the tenth Ministerial Conference. In other words, their participation shall not constitute an established practice, upon which a future decision would be based, and  
 The General Council remains seized of the matter pending the adoption of improved 
guidelines for granting Intergovernmental Organizations Permanent Observer Status in the WTO, in line with documents WT/GC/W/643 and WT/GC/W/654."  
3.22.  The Arab Group believed that it was time to show solidarity, flexibility and transparency for 
maintaining the consistency and credibility of the system, procedurally and substantively. In return, the Group expected that others would show flexibility. 
3.23.  The representative of the European Union said he agreed that the participation of IGOs in 
MC9 was a question of credibility for the Organization. He had taken note of the willingness to 
continue the consultations and also of Egypt's statement. He wished to briefly refer to a specific point concerning the members of Parliament. He noted it was not mentioned in the agenda so he 
wished to share with Members the EU's point of view on this issue. 
3.24.  He recalled that the Inter-Parliamentary Union would host a session at Bali. Many members 
of Parliament from across WTO Members were expected to participate. During previous Ministerial 
Conferences, these members were given the possibili ty to also access the general conference area 
where the Ministerial Conference was being held. It appeared that this issue was not fully resolved 
for MC9 which meant that there could be a situation where NGOs were able to register and enter 
the Conference area while MPs would be prevented from doing so. In order to address this, which 
the EU considered an obvious omission, he said it would be useful for the Chairman, the Secretariat and the host country to deal with this issue and find an appropriate way to address it. 
3.25.  The General Council took note of the statements. 
4  IMPROVING THE GUIDELINES FO R GRANTING INTERGOVERNMENTAL 
ORGANIZATIONS PERMANENT OBSERVER STAT US IN THE WTO – STATEMENT BY THE 
CHAIRMAN 
 
4.1.  The Chairman recalled that, at its November 2011 meeting, the General Council agreed to 
initiate a process of consultations to consider the issue of Observer Status for IGOs in the WTO, 
following a communication by the Arab Group entitled "Improving the Guidelines for Granting 
Observer Status to Intergovernmental Organizations in the WTO" (WT/GC/W/643), which was then supplemented by a further communication in document WT/GC/W/654.    
4.2.  He had continued his consultations on this matter. This had also included a meeting with a 
group of delegations – including group coordinato r s  –  t h a t  w a s  h e l d  i n  8  O c t o b e r .  F r o m  h i s  
consultations, he noted that this remained a very complex and sensitive issue, and that more time 
would be required for delegations to give it due consideration and find a way forward. He intended 
to continue these consultations and report back to the General Council as appropriate.  
4.3.  He stressed again the importance of this  issue, and its implications for the efficient 
functioning of the WTO. This required all delega tions to work together in a constructive manner 
and solution-finding mode. He intended to continue working with a positive spirit, and urged Members to do the same. WT/GC/M/148 
 
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4.4.  The representative of Egypt, on behalf of the Arab Group, stated that it had been a long time 
since the start of the discussions on the partic ipation of the Intergovernmental Organizations 
(IGOs) in the WTO, including in the Ministerial Conferences; this had been the case due to the 
absence of reliable criteria. Deliberations and consultations had been called upon to deal with such 
a systemic gap with the aim of filling it.   
4.5.  She said that the Arab Group was, and had always been, fully aware of the importance of the 
participation of IGOs. However, the same group was equally aware of the problems that the absence of criteria posed. Therefore, the Arab Gr oup upheld its responsibilities, individually and 
collectively, to seek a holistic, fair, sound and long-lasting solution, upon which the future decision 
regarding the IGO applicants would rely on. She recalled that on 28 October 2011, a 
communication had been submitted and circulated to the General Council in document WT/GC/W/643. That document drew the attention of the WTO Members to such a systemic issue 
and proposed a language to the Ministers to reaffirm the need to establish appropriate 
arrangements for the effective cooperation and participation of IGOs in the WTO; and directed the General Council to review and elaborate, by an  agreed date before the next session of the 
Ministerial Conference, the necessary technical criteria that should allow for a transparent, 
uniform, objective consideration and examination of all IGO requests for permanent observer status to the WTO. Nevertheless, there was unexplainable resistance to constructively deal with the issue. Consequently, the Membership failed to reach consensus over the issue of the IGOs 
participation in the MC8. As a result, no IGOs were invited.  
 4.6.  In November 2011, it had been clearly indica ted by the Chairman of the General Council that 
the consultations undertaken on this matter had shown agreement on launching a process to 
consider this issue, and asked his successor to continue this process.   
4.7.  On such basis, an initial round of consultations was held over this matter wherein the 
Chairman of the General Council had indicated, during the General Council's meeting on 14 February 2012 (WT/GC/M/135), that a productive discussion had taken place and had given Members an account of the contours of what had been discussed in this initial round of 
consultations. The Chairman had urged continued engagement to address this issue, no matter 
how challenging it might be. Looking ahead, the Chairman had indicated that it would be good to focus the process on clear, operational criteria, taking into account the existing Guidelines.  
 
4.8.  She referred to document WT/GC/W/654 dated 12 April 2012, which was submitted to the General Council on 1-2 May 2012. She noted that it  suggested further precision to be introduced 
to clarify the criteria captured by paragraph 4 of  Annex 3 of the Rules of Procedure, and placed 
specific proposed amendments. It was also me ntioned that the proposed amendments to be 
introduced to Annex 3 of the General Council's Rules of Procedure would apply mutatis mutandis  to 
each WTO body.  
 
4.9.  The Arab Group called upon the WTO Members to work in concert to improve the guidelines, 
since there was a need for transparent and objectiv e criteria to be employed, where a request by 
an IGO to be examined for granting a permanent ob server status. This would be realized through a 
series of meetings on the technical level. Ther efore, the Arab Group insisted that the General 
Council remained seized of the matter pending the adoption of improved guidelines for granting 
Intergovernmental Organizations Permanent Observer  Status in the WTO, in line with documents 
WT/GC/W/643 and WT/GC/W/654.  4.10.  The General Council took note of the statements. 
 5  INTERNATIONAL TRADE CENTRE UNCTAD/W TO – REPORT OF TH E JOINT ADVISORY 
GROUP ON ITS FORTY-SEVENTH SESSION (ITC/AG(XLVII)251) 
 
5.1.  The Chairman said the Joint Advisory Group on the International Trade Centre UNCTAD/WTO 
had held its 47th Session in May 2013. In keeping with customary practice, the report from that 
session was considered initially by the Committee on Trade and Development at its meeting in 
July.   5.2.  The Chairman read out the report on behalf  of Mrs. Williams (Barbados), Chairperson of the 
Dedicated Session of th e CTD, as follows: WT/GC/M/148 
 
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"The Joint Advisory Group on the International Trade Centre UNCTAD/WTO held its 47
th Session on 6 and 7 May 2013. The report on that meeting is contained in document 
ITC/AG/(XLVII)/251. 
 
The report was presented to the CTD at its 88th Session on 17 July 2013 by the Chairperson 
of the JAG, Ambassador Karen Pierce of the United Kingdom.  
 
The Chairperson said that the 47th Session of the JAG was convened to discuss the ITC's 
Annual Report for 2012 and strategic orientations for the future. Government representatives had also announced their voluntary contributions to the ITC trust fund and 
had participated in the general discussion on the ITC's activities and the future of the 
organization.  
The Chairperson indicated that the JAG had broadly welcomed the ITC's Annual Report for 
2012 and had encouraged the organization to cont inue building the export capacity of the 
private sector in developing countries and to support the integration of small- and medium-
sized enterprises into global and regional value chains.  
 Appreciation was expressed for the ITC's efforts to promote regional integration and intraregional trade, and for the organization's strong emphasis on non-tariff measures and 
on trade intelligence for LDCs.  
 The ITC's Women and Trade focus was also appreciated, as were efforts to further expand 
mainstreaming activities to promote an incl usive and sustainable model of development, 
focusing on poor communities, trade and the environment, and the empowerment of youth.   
The ITC was recognized as a model of good practice in results-based management. 
Delegations took note of the ITC's endeavour to progress on impact measurement methodologies for the next biennium and expres sed support for the new processes that were 
being developed to improve needs assessments and to better integrate products and 
services across the organization. 
 Delegations confirmed the strategic importance of large, integrated programmes for the 
sustainability of the ITC's impact-oriented strategy. There was a wide call for renewed 
support from donors for the next generation of large programmes.  
Finally, on behalf of the Group, the JAG Chai rperson thanked the Governments of Australia, 
Canada, China, Denmark, Finland, Germany,  Norway, Sweden and Switzerland for their 
announcements at the JAG meeting of financial support to the organization.  
The CTD took note of the JAG report and forwar ded it to the General Council for adoption." 
 5.3.  The General Council took note of the statem ent and adopted the report of the Joint Advisory 
Group in document ITC/AG(XLVII)/251. 
 6  CHAIRMANSHIP OF THE TRIPS COUNCIL IN SPECIAL SESSION – STATEMENT BY THE 
CHAIRMAN 
 6.1.  The Chairman, speaking under "Other Business", informed the Council that, on 
23 September, he had received a letter from Am bassador Agah, Chairman of the Special Session 
of the TRIPS Council, informing him that he would be  relinquishing his post as Chairman at the end 
of September, in light of the fact that he was joining the Secretariat as Deputy Director-General on 1 October. Accordingly, he would be starting consultations regarding the appointment of a 
successor to Ambassador Agah. In accordance with Paragraph 7.1(b) of the Guidelines for the 
Appointment of Officers in WT/L/510, he woul d be conducting these consultations with the 
assistance of Ambassador Fried (Canada), Chairman of the Dispute Settlement Body, and 
Ambassador Matus (Chile), former Chair of the Gene ral Council. In line with the practical steps to 
improve the implementation of the Guidelines, co ntained in JOB/GC/22, he and his colleagues 
would be meeting group coordinators, and would su bsequently invite interested delegations to 
come forward to consult with them. WT/GC/M/148 
 
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  6.2.  The General Council took note of the statement. 
7  CHAIRMANSHIP OF THE WORKING PARTY ON THE ACCESSION OF THE UNION OF THE 
COMOROS – STATEMENT BY THE CHAIRMAN 
 
7.1.  The Chairman, speaking under "Other Business", drew attention to the fax he had sent on 
18 September regarding the Chairmanship of the Wo rking Party on the Accession of the Union of 
the Comoros, in which he informed Members that, following consultations with members of the 
Working Parties and the authorities of the Union of Comoros, and in keeping with usual WTO 
practice, it had been agreed that Ambassador Luis Enrique Chávez Basagoitia (Peru) would serve as Chairman of the Working Party on the Accession  of the Union of Comoros. On behalf of the 
General Council, he wished Ambassador Chávez al l the best in his work in this function. 
 
7.2.  The General Council took note of the statement. 
 
8  STATEMENT BY THE CHAIRMAN IN CONNECTION WITH ADMINISTRATIVE MEASURES 
FOR MEMBERS IN ARREARS 
 
8.1.  The Chairman, speaking under "Other Busi ness", recalled that at its meeting in October 
2012, the General Council had approved a recommendation from the Committee on Budget, 
Finance and Administration regarding revised Administrative Measures for Members in arrears, as contained in WT/BFA/132, Annex I. These new revised measures had entered into force on 1 
January 2013. Among these Administrative Measures was a requirement that, at the end of each 
meeting of the General Council, the Chairman of the Committee on Budget, Finance and Administration should provide information with regard to which Members and Observers were 
under Administrative Measures. He, therefore, invited the Chairman of the Budget Committee, Mr 
Stone (Hong Kong, China), to provide the Council with this information.  
8.2.  Mr Stone (Hong Kong, China), Chairman of the Committee on Budget, Finance and 
Administration, said there were currently six Members in Category I: Benin, The Former Yugoslav 
Republic of Macedonia, St Vincent and the Grenadines, Senegal, Uganda and Vanuatu. There were 
three Members in Category II: Antigua and Barb uda, Dominica and Grenada. There were five 
Members in Category III: The Democratic Republic of the Congo, Guinea-Bissau, Mauritania, Niger 
and The Bolivarian Republic of Venezuela. There were two Observers in Category I: Equatorial 
Guinea and the Syrian Arab Republic. There was one Observer in Category III: Sao Tome and Principe. 
 
8.3.  The Chairman said that under the new revised Administrative Measures, he was also required at each Council meeting to request Members and Observers in Categories II and III of the 
Measures to inform the Secretariat as to when their payment of arrears might be expected. 
 8.4.  The General Council took note of the statements. 
 
 
 
_______________ 
 
 WT/GC/M/148 
 
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  ANNEX 
STATEMENTS BY DELEGATIONS AT THE INFORMAL MEETING OF THE 
TRADE NEGOTIATIONS COMMITTEE ON 30 SEPTEMBER 2013 
At their request, the statements made by a number of delegations at the above-mentioned 
meeting are included below as part of the Minutes of the General Council meeting. 
  
1  NEPAL (FOR LDC GROUP) 
Thank you, Roberto, for your updates on the ongoing negotiations on Bali deliverables. You have 
succinctly highlighted the state of play. You have noted that some progress has been made; some grounds have been covered in our efforts to find convergence on the contents of a small package. 
You pointed out challenges as well. There are issues which still need to be addressed. 
 Following 9 September special session of the General Council, you initiated a process. This has 
given speed to our work. Issues have been lifted to political level and on many of them we are 
heading towards a landing ground. We appreciate your excellent steering of the process. You have given your best and we are seeing result albeit in a pace slower than needed. 
 
Nonetheless, we need to be mindful of the balance we have always stressed on. The Bali outcome cannot serve the interests of some Members and leave others, especially the most vulnerable, behind. It should be the result of balanced progress on all pillars. And as has always been a shared 
understanding among Members, LDCs issues should be given priority. We have said it and let me 
repeat, Bali will have no meaning if it does not deliver for LDCs. We are talking about an early harvest package for Bali on low hanging issues. LDCs issues have always been defined as low 
hanging and as the best candidate for any early ha rvest package. If we are not ready to accept 
LDC issues as doable, one may wonder what other i ssues could be doable? Le t us be mindful of the 
message the rest of the world will receive if Bali forgets LDCs. 
 
This is not an alarm. It's a caution I deemed required to raise in view of the existing scenario. Balance does not seem to appear yet in our focus and definition of doability. Let me explain what I mean. We have focused so much on Trade Facilitation. We have said time and again that this is 
not an agenda LDCs advanced in these negotiations. But we have constructively engaged and have 
not challenged its doability. This flexibility on LDCs part has not been reciprocated when LDCs come up with a proposal with maximum calibration of ambition. Imagine how much reform of 
legislation, domestic practices and investment will  be required to implement the disciplines we are 
developing under trade facilitation to facilitate trade in which LDCs have negligible share. They will create immediate obligations for us. Many provisions do not exist in our current law and practices. 
Yet, we have not said no to the process. When we come up with our proposal, however, some 
Members are hesitant. Time cannot be a barrier for something which can add value to the efforts of LDCs to expand trade.  
Immediate case I should refer to, as an example, is Rules of origin. Members are fully aware of the 
level of compromise LDCs have made. Look at what our original submission intended. We wanted a multilateral 'Agreement' that contained absolutely binding provisions under eight different 
articles. In 2006 Members said they could not do that. In subsequent years, they could not do 
that. Earlier this year we again heard their view s. LDCs made a big compromise. We provided a 
very brief text to Members. We said, let's work together to deliver an outcome that would not 
mean change of your legislation tomorrow, but woul d direct progressive action toward facilitative 
reform. This compromise from LDCs should o ffer maximum comfort to Members. LDCs are the 
weakest Members of this organization. We ex pect Members to demonstrate goodwill and 
constructive mind-set and not to try to find solutions with non-action. 
 
My intention is not to repeat statements. But when voices are not heard, one needs to speak up again. 
 WT/GC/M/148 
 
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  I wish to be brief and do not go into the specifics of elements of LDCs package. Rules of origin 
came just an example, as I said, of attempt on the part of some Members to side-line LDC issues. 
We expect all elements of LDC package will be dealt with in the ongoing process and Bali will 
deliver an outcome. 
 
2  ECUADOR 
Mr Chairman, the package in the area of Trade Facilitation would impose a set of substantive 
changes in our foreign trade system.   
 These substantive changes would be extremely onerous for my country.    
We will continue, as we have done until now, to actively participate in the ongoing consultations. 
 
 
 
  
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