. /. RESTRICTED  WORLD TRADE  
ORGANIZATION  S/WPDR/M/32 
29 November 2005 
 (05-5656) 
Working Party on Domestic Regulation  
  
 
REPORT OF THE MEETING HELD ON  28 OCTOBER AND 2 NOVEMBER 2005 
 
Note by the Secretariat
1 
  
1. The Working Party on Domestic Regulation (WPDR) held its thirty-second meeting on 
28 October and 2 November 2005.  The meeting was chaired by Mr. Peter Govindasamy of 
Singapore.  The agenda for the meeting wa s contained in Airgram WTO/AIR/2700, dated 
18 October 2005. 
2. Under other business the delegation of Mexico
 and Switzerland  requested to introduce their 
revised proposal on technical standards. 
A. DEVELOPMENT OF REGULATORY DISCIPLINES UNDER GATS ARTICLE VI:4 
Possible input to the Sixth Ministerial Conference  
3. The Chairman  recalled that on 25 October 2005, he had circulated, at Members' request, the 
following documents under his responsibility as Chairman  of the Working Party: (i) a proposed draft 
text on domestic regulation for the Sixth Ministerial C onference; and (ii) an illustrative list of possible 
elements for Article VI:4 disciplines.  These docum ents were contained in document JOB(05)/260, 
dated 25 October, 2005.  He recal led that regarding the illustrative list, pursuant to Members' requests, 
he had included many disclaimers, such as that the list would not prejudice Members' proposals nor 
their position in the negotiations. 
4. At the informal meeting held on 26 October 2005, the Working Party held a first round of 
discussions on these two documents.  On the basis of Members' inputs and the Chairman's broad 
consultations, the Chairman presented to the Worki ng Party revised versions of the draft text on 
domestic regulation and the illustrative list of possibl e elements for Article VI:4 disciplines.  These 
documents were circulated as JOB(05)/260/Rev.1,  dated 2 November, 2005, under the Chairman's 
responsibility.  However, taking into account Memb ers' inputs and his consultations, the Chairman 
had made efforts to ensure that both revised texts broadly reflected Members' interests and concerns.  
For transparency purposes the Chairman had also circ ulated to Members the text of his report to the 
Special Session of the Council for Trade in Serv ices, which would be accompanying the draft 
ministerial text and the illustrative list of elements. 
5. The Chairman  offered the floor to delegations who wa nted to comment on the draft text for 
the Ministerial Declaration and on the illustrative list of elements.  Several de legations intervened and 
made concrete drafting suggestions on the Chairm an's texts.  The discussion took place in informal 
mode, however, the following delegations requested that  their statements be reflected in the report of 
this meeting. 
                                                      
1 This document has been prepared under the Secret ariat's own responsibility and without prejudice to 
the positions of Members and to their rights and obligations under the WTO. S/WPDR/M/32 
Page 2  
 
 6. The representative of the Philippines
 thanked the Chairman for his work on the draft 
ministerial text and on the illustrative list of elemen ts.  He said that his delegation had systemic 
concerns about referring to, attaching or adopting lis ts and annexes, which ha d not been negotiated or 
extensively discussed by the Services Council or by th e relevant subsidiary body.  He noted that for 
similar reasons they had also expressed concerns a bout the Annex to the Report of the Special Session 
of the Council for Trade in Services to the Trade Negotiating Committee of last July and its 
subsequent revisions.  However, in the spirit of compromise, as long as their concerns would be addressed by the language of the draft ministerial text  and of the illustrative list, he said that his 
delegation was ready to exercise flexibility on the Chairman's recommended text and on the 
illustrative list of elements. 
7. The representative of the South Africa
 expressed concerns and reservations about the 
introduction of the illustrative list of possible elements for Art VI:4 disciplines into the text of the Ministerial Declaration.  She noted that there we re numerous disclaimers in both the illustrative list 
and in the Chairman’s Report, but added that in th e view of her delegation it was uncertain what the 
“legal” effect of this would be.  Although her de legation accepted that the illustrative list had not in 
itself any legal standing, it was unclear to them what effect its introduction into the Ministerial 
Declaration would have.  In their opinion this would at least place a “legal” obligation on Members to 
consider it in the work programme of the Counc il, notwithstanding the fact that there was no 
agreement in the WPDR on the issues that the Minist ers should be requested to direct the Council and 
the WPDR to include in their work programme.  She said that her delegation accepted that Members 
were free to introduce proposals, but was concerne d that inclusion in the list of certain proposals 
indicated acceptance of the issues therein and if this  had to be endorsed by Ministers, the impression 
of acceptance would be accentuated.  She further note d that in their view the illustrative list did not 
reflect the status of discussions in the Working Party. 
8. The representative of the Bolivarian Republic of Venezuela
 also expressed concerns about the 
legal status of the illustrative list of elements.  The Chairman  referred to the disclaimers contained in 
the introduction to the illustrative list of elements a nd highlighted that the illustrative list did not have 
any legal status. 
9. The Chairman  thanked delegations for their inputs and for the flexibility they had offered on 
the draft ministerial text and on the illustrative list of elements.  He undertook to reflect the specific 
suggestions made by delegations in  both texts and informed the Working Party that he intended to 
submit shortly these texts together with his report to the Special Session of the Council for Trade in 
Services. 
B. OTHER BUSINESS 
10. Under other business the Chairman  offered the floor to the delegations of Mexico  and 
Switzerland  to introduce their revised proposal on technical  standards, noting that delegations might 
want to revert to this paper at the next meeting of the Working Party for a more in depth-discussion. 
11. The delegations of Mexico  and Switzerland  introduced their revised joint proposal on 
disciplines on technical standards in services, which had been circulated as document S/WPDR/W/32/Rev.1.  These delegations said that their revised proposal took into account the comments made by delegations on their initial proposal s on technical standards as well as providing 
for improved definitions and simplif ied language.  They said that they  would provide a more detailed 
introduction of their revised proposal and would be e xpecting to receive substantive comments at the 
next meeting of the Working Party. 
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