WORLD TRADE  
ORGANIZATION  WT/GC/101 
7 December 2005 
 (05-5838) 
  
  
 
GENERAL COUNCIL 
 
Annual Report (2005
) 
  
 The present report has been prepared in pursu ance of the Procedures for an Annual Overview 
of WTO Activities and for Reporting under the WT O (WT/L/105), and sets out the actions taken by 
the General Council in the period since its previous annual report.   In carrying out its tasks, the General Counc il has held 10 meetings and since the period 
covered by the previous report.  The minutes of these meetings, which remain the record of the 
General Council's work, are containe d in documents WT/GC/M/91 – 100.
1 
  The following subjects are included in the report
2: 
 
1. Work under the Doha Work Programme...............................................................................3  
(a) Trade Negotiations Committee – Reports...................................................................................3  
(b) Report by the Director-General on his consultations on all outstanding 
implementation issues under paragraph 12(b) of the Doha Ministerial Declaration ..................5  
(c) Implementation of Paragraph 11 of the Decision on the Implementation of 
Paragraph 6 of the Doha Declaration on th e TRIPS Agreement and Public Health – 
Statement by the Chairman of the TRIPS Council .....................................................................6  
(d) Review under Paragraph 8 of the Decision on  the Implementation of Paragraph 6 of 
the Doha Declaration on the TRIPS Agreem ent and Public Health – Report of the 
Council for TRIPS .............................................................................................................. ........8  
(e) Work Programme on Small Economies – Reports .....................................................................8  
(f) Rules of Origin – Harmonization Work Programme – Statement by the Chairman...................9  
(g) Work Programme on Special and Differential Treatment ........................................................10  
                                                      
1 WT/GC/M/100 is to be issued . 
2 Prior to the start of the General Council meeti ng on 29 July, Mr. Pascal Lamy, Director-General-
designate, as well as Mr. John C. Tsang, Secretary for Commerce, Industry and Technology of Hong Kong, 
China, and Chairman of the Hong Kong Ministerial Conference, addres sed the General Council.  Their 
statements are reproduced in Annexes I and II respectively of the minutes of that m eeting (WT/GC/M/97).  Also, 
prior to the close of the 29 July meeting, the Chairman and Members bid farewell to the outgoing Director-
General, Dr. Supachai Panitchpakdi.  Their statements , as well as that by Dr. Supachai, are reflected in 
Annex III of the minutes (WT/GC/M/97). 
  At the General Council meeting on 1, 2 and 6 De cember, the Chairman of th e Hong Kong Ministerial 
Conference addressed the Council.  The full text of hi s statement was circulated subsequently as document 
JOB(05)/317.  Also at that General Council meeting, the Minister of Industry, Commerce and Employment 
Promotion of Benin, addressed the Council.  This statem ent will be reproduced as an Annex to the minutes of 
that meeting (WT/GC/M/100). WT/GC/101 
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(i)
 Reports by the Chairman of the Special Session of the Committee on Trade and 
Development .................................................................................................................... .........10  
(ii) Reports by Chairpersons of other WTO bodies to whom special and differential 
treatment proposals ha ve been ref erred ...................................................................................11  
(h) Work Programme on Electronic Commerce.............................................................................12  
(i) Follow-up to the July 2004 General Counc il Decision on the Doha Work Programme 
– Report by the Director-General on the De velopment Assistance Aspects of Cotton ............13  
2. China – Transitional review under Section 18.2 of the Protocol on Accession to 
the WTO Ag reement.............................................................................................................. .13 
3. Committee on Budget, Finance and Administration - Reports and 
recommendations ................................................................................................................ ....14  
4. Review of the Exemption Provided under Paragraph 3 of GATT 1994 ............................15  
5. Non-recognition of rights under Article XXIV:6 and Article XXVIII of GATT 
1994 – Communication from Honduras and Guatemala ....................................................16  
6. Proposed Modification to Schedule CXL – European Communities:  
Prolongation of Rights und er Article XXVIII of GATT 1994 ............................................17  
7. Enlargement of the European Union – Communications from the European 
Communities.................................................................................................................... ........18  
8. Procedure for the introduction of HS 2002 changes to schedules of tariff 
concessions using the Consolidated Tariff Schedules (CTS) Database ..............................19  
9. Preparations for the Sixth Session of the Ministerial Conference......................................19  
(a) Election of officers........................................................................................................... .........19  
(b) Attendance of observers  from Governments ............................................................................20  
(c) Attendance of observers from Internatio nal Intergovernmental Organizations........................21  
(d) Attendance of an observer from the Palestinian Authority.......................................................23  
(e) Attendance of non-governme ntal organizations .......................................................................23  
(f) Statements by the Chai rman ..................................................................................................... 23 
(g) Administrative Arrangements...................................................................................................2 4 
(h) Draft Ministerial Text – Statement by the Chairman................................................................24  
10. Commodities.................................................................................................................... ........26  
11. Digital archiving and derestriction of GATT official documents.......................................26  
12. Appointment of the ne xt Director-General ..........................................................................26  
13. Accession Matters .............................................................................................................. .....27  
(a) Afghanistan.................................................................................................................... ...........27  
(b) Iran........................................................................................................................... .................27  
(c) Montenegro..................................................................................................................... ..........28  
(d) Sao Tome and Principe .......................................................................................................... ...29 
(e) Saudi Arabia ................................................................................................................... ..........29  
(f) Serbia and Montenegro.......................................................................................................... ...30  WT/GC/101 
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(g) Serbia ......................................................................................................................... ...............30  
(h) Viet Nam....................................................................................................................... ............31  
14. International Trade Centre UNCTAD/WTO.......................................................................31  
15. Waivers ........................................................................................................................ ............32  
(a) Albania – Request for a waiver to extend the staging period of implementation for a 
number of products ............................................................................................................. ......32  
(b) Introduction of Harmonized System 1996 Changes into WTO Schedules of Tariff 
Concessions .................................................................................................................... ..........32  
(i) Argentina, Malaysia and Panama ............................................................................................32  
(ii) Israel ......................................................................................................................... ................32  
(c) Introduction of Harmonized System 2002 Changes into WTO Schedules of Tariff 
Concessions .................................................................................................................... ..........32  
(d) United States – Requests for waivers for African Growth and Opportunity Act, 
Caribbean Basin Economic Recovery Act and Andean Trade Preference Act.........................33  
(e) Review of waivers pursuant to Article IX:4 of the WTO Agreement ......................................33  
16. WTO Pension Plan............................................................................................................... ...34 
(a) Management Board of the WTO Pension Plan.........................................................................34  
(b) Annual Report.................................................................................................................. .........34  
(c) Amendments to the Regulations and Admi nistrative Rules of the Pension Plan......................34  
17. Appointment of Officer s to WTO bodies..............................................................................35  
18. Chairmanship of the Special Session of  the Committee on Agriculture and the 
Sub-Committee on Cotton......................................................................................................36  
19. Review of WTO Activities......................................................................................................3 7 
20. Election of Chairperson........................................................................................................ ..37 
 
 1. Work under the Doha Work Programme 
(a) Trade Negotiations Committee – Reports (WT/GC/M/92, 95, 97, 98, 100) 
 Ministers at Doha establish ed a Trade Negotiations Committee under the authority of the 
General Council to supervise th e overall conduct of the negotiations (WT/MIN(01)/DEC/1).  In 
accordance with the Principles and Practices endorsed by the Trade Negotiations Committee at its first 
meeting on 28 January and 1 Februa ry 2002, the TNC reports to each regular meeting of the General 
Council (TN/C/M/1). 
  At the General Council m eeting on 15 February 2005
, the Director-General, as Chairman of 
the Trade Negotiations Committee, reported on the TN C's activities since his last report to the General 
Council, and indicated that he had made a furt her interim report to the TNC on his consultative 
process on all outstanding implementation issues unde r paragraph 12(b) of the Doha Ministerial 
Declaration, including on issues related to the exte nsion of the protection of geographical indications 
provided for in Article 23 of the TRIPS Agreement to  products other than wines and spirits.  This 
process was being undertaken in accordance with th e July 2004 Decision of the General Council on 
the Doha Work Programme. WT/GC/101 
Page 4  
 
 The representatives of Rwanda (on behalf of th e African Group), Benin (on behalf of the ACP 
Group) and Zambia (on behalf of the LDCs) spoke.   The General Council took note of the Direct or-General's report and of the statements. 
 
 At the General Council meeting on 26 May 2005
, the Director-General, as Chairman of the 
Trade Negotiations Committee, reported on the TNC's activities since his last report to the General 
Council, including an account of the TNC's 28 Ap ril and 19 May meetings.  He also briefly 
highlighted the status of progress in th e negotiations in some specific areas. 
 
 The representatives of Rwanda (on behalf of th e African Group), Benin (on behalf of the ACP 
Group), Australia, Zambia (on behalf of the LDCs),  Djibouti, Philippines, Kenya and Barbados, and 
the Chairman spoke.   The General Council took note of the Direct or-General's report and of the statements. 
 
 The Chairman, referring then to the chairmansh ip of the Special Session of the Committee on 
Agriculture, said that all Members would have seen a communication she had received on 23 May from the New Zealand authorities informing her and the membership as a whole that Mr. Tim Groser 
had stepped down as New Zealand Permanent Repr esentative, following his decision to become a 
candidate for election to his country's legislature.   This communication had been circulated to all 
Members at the request of New Zealand.  She was sure all Members would jo in her in welcoming the 
offer of the New Zealand Government to supply th e necessary resources to enable Mr. Groser to 
continue to carry out his functions as Chair of  the Agriculture Special  Session and Cotton Sub-
Committee until the summer break.  This showed a strong sense of responsibility and commitment to the WTO system, and Members thanked New Zealand for it.  Concerning the position after July, it 
would be necessary for the membership to reflect on wh at was in the best inte rests of the negotiating 
process as one approached the Hong Kong Ministerial.  Members had time to consider this before the 
next General Council, and she would be r eady to conduct consu ltations as necessary. 
  The General Council took note of the statement.  
 At the General Council mee ting on 27 and 29 July 2005
, the Director-General, as Chairman of 
the Trade Negotiations Committee, reporting on the TNC's activities since his last report to the 
General Council, drew on a written report issued on his own responsibility as TNC Chair in TN/C/5 in 
order to provide his overall assessment of where pa rticipants currently stood in the negotiations and 
his views on the key challenges ahead.   
 
 The representatives of  the Bolivarian Republic of Venezuela, United States and Nigeria, and 
the Chairman spoke.   The representatives of Argentina, Bangladesh for the LDCs, Barbados, Bolivarian Republic of 
Venezuela, Brazil (including on behalf of the G- 20), Chile, China, Costa Rica, Cuba, Dominican 
Republic, Egypt for the African Group, El Salva dor, Guatemala, Honduras, Indonesia for the G-33, 
Jamaica, Korea, Lesotho, Mauritius, Nepal, Norw ay, Pakistan, Peru, Philippines, Singapore, Saint 
Kitts and Nevis, Chinese Taipei, Tanzania, Thailand,  Trinidad and Tobago, Uganda and United States 
asked that their statements at th e 28 July meeting of the TNC be included in the records of this 
meeting. 
 
 The General Council took note of the Directo r-General's report and of all the statements. 
  At the General Council meeting on 19 October 2005
, the Director-General, as Chairman of 
the Trade Negotiations Committee, reporting on the TN C's activities, noted that the TNC had held two 
meetings since the July General Council meeting a nd that his remarks at both meetings had been  WT/GC/101 
 Page 5 
 
 
circulated in documents JOB(05)/183 and 248.  Rega rding implementation, he had informed the TNC 
that he was undertaking a consultative process on  all outstanding paragraph 12(b) implementation 
issues in line with the mandate given the Director-G eneral in the July 2004 Decision, which had been 
renewed by the General Council in July 2005.  This process was being carried out in his capacity as 
Director-General, and he would be assisted by a number of the Chairpersons of concerned WTO 
bodies acting as his Friends and by two of his De puties – Mrs. Rugwabiza would take up the TRIMs 
issues and Mr. Yerxa would take up the issues of GIs and TRIPS/CBD.  He would report to the TNC 
and to the General Council on progress in th is process at their upcoming meetings. 
  The representative of Mali and the Chairman spoke. 
 
 The General Council took note of the Direct or-General's report and of the statements. 
  At the General Council meeting on 1, 2 and 6 December 2005
, at the Chairman's suggestion, 
the report by the Chairman of the Trade Negotiati ons Committee was taken up together with the draft 
Ministerial text (under Point 9(h) below) and the discussion is reflected accordingly in this Report and 
the Minutes of the meeting.  (b) Report by the Director-General on his consu ltations on all outstanding implementation issues 
under paragraph 12(b) of the Doha Ministerial Declaration
3 (WT/GC/M/95, 97) 
 In Section 1(d) of its Decision of July  2004 (WT/L/579), the General Council, without 
prejudice to the positions of Members, had requested  the Director-General to continue with his 
consultative process on all outstanding implementa tion issues under paragraph 12(b) of the Doha 
Ministerial Declaration, including on issues related to the extension of the protection of geographical 
indications provided for in Article 23 of the TR IPS Agreement to products other than wines and 
spirits.  The General Council had agreed that the Director-General would report to the TNC and the 
General Council no later than May 2005. 
  At the General Council meeting on 26 May 2005
, the Director-General, recalling that at a 
meeting of the TNC the previous week he had ma de a detailed report on his consultative process on 
these issues, which had subsequently been circulat ed in Job(05)/83, highlighted some important 
aspects of that report. 
 
 The representatives of Peru, India, Dominican  Republic, Ecuador, Beni n (on behalf of the 
ACP Group), Bolivia, Paraguay, Brazil, Colombia, China and Costa Rica spoke. 
  The General Council took note of the Direct or-General's report and of the statements. 
 
 At the General Council m eeting on 27 and 29 July 2005
, the Director-General, recalling that 
at the July meeting of the TNC he had provided an update on his consultative process since his most 
recent report in May, and that his report had been circulated immediately following that meeting in 
Job(05)/156, highlighted some important aspects of that report.  
 The representatives of Cuba, India, Brazil and Peru spoke. 
  The General Council took note of the Directo r-General's report and of the statements, and 
agreed to request the Director-G eneral's successor to continue the consultative process after the 
summer break. 
 
                                                     
 
3 Some discussion relating to this matter is also carried under Point 1(a) above. WT/GC/101 
Page 6  
 
(c) Implementation of Paragraph 11 of the Decision on the Implementation of  Paragraph 6 of the 
Doha Declaration on the TRIPS Agreement and Public Health – Statement by the Chairman 
of the TRIPS Council (WT/GC/M/95, 97, 98, 100) 
 In August 2003, the General Council adopt ed a Decision on the Implementation of 
Paragraph 6 of the Doha Declaration on the TR IPS Agreement and Public Health (WT/L/540 and 
Corr.1).  Paragraph 11 of that Decision foreshadow ed work by the TRIPS Council on the preparation 
of an amendment to the TRIPS Agreement.  In J une 2004, the TRIPS Council agreed to continue its 
work on the preparation of the amendment with a view to making a recommendation by the end of 
March 2005, so that the General Council could conc lude its work on the amendment at its first 
meeting thereafter.  In July 2004, the Chair of the TRIPS Council informed the General Council of 
these arrangements. 
  At its meeting on 26 May 2005
, the Chairman of the TRIPS Council informed the General 
Council of the status of the TRIPS Council's work on the preparation of an amendment to replace the 
provisions of the Decision on Implementation of Pa ragraph 6 of the Doha Declaration on the TRIPS 
Agreement and Public Health. 
  The representatives of Rwanda (on behalf of the African Group), Zambia (on behalf of the 
LDCs), Uganda, Benin (on behalf of the ACP Gr oup), Turkey, Brazil, Botswana, Kenya, Canada, 
India, Jamaica, Switzerland, United States, Norw ay, Brazil and Lesotho, and the Chairman spoke. 
 
 The General Council took note of the statement by the Chairman of the TRIPS Council and of 
the other statements.   At its meeting on 27 and 29 July 2005
, the General Council again considered this item. 
 
 The Chairman of the TRIPS Council, reporting further on the status of the TRIPS Council's 
work on this matter, said that some more time was still necessary before the Council would be in a 
position to make a recommendation, and that he w as hopeful Members might be able to make progress 
soon after the summer break.  The TRIPS Council woul d revert to this matter at its meeting in 
October, and he stood ready to continue to keep  the General Council informed of developments. 
 
 The representatives of Kenya (on behalf of the African Group), Cuba, Brazil and the United 
States spoke.   The General Council took note of the statement by the Chairman of the TRIPS Council and of 
the other statements. 
 
 At its meeting on 19 October 2005
, the General Council again considered this item. 
  The Chairman of the TRIPS Council provided an  update on the status of the TRIPS Council's 
work in this regard.    
 The representatives of Cuba and Kenya, and the Chairman spoke. 
  The General Council took note of the statement by the Chairman of the TRIPS Council and of 
the other statements.  
 At its meeting on 1, 2 and 6 December 2005
, the General Council again considered this 
matter.   On 1 December, the Chairman made a statem ent, following which the Chairman of the 
Council for TRIPS, reporting on developments in r ecent consultations on this matter, noted that  WT/GC/101 
 Page 7 
 
 
additional consultations were planned over the comi ng days with a view to reaching agreement on a 
proposal for a decision on an amendment to the TR IPS Agreement to replace the provisions of the 
August 2003 Decision.   The Chairman proposed, in the light of th e report, that the General Council suspend its 
consideration of this item and agree to reconvene at short notice, but not later than 5 December, with a 
view to taking action on the basis of any reco mmendations that would be forthcoming from the 
Council for TRIPS.  It would be understood that  if the General Council was not reconvened by 
5 December, the discussion on this item at th at meeting would be considered closed. 
 
 The General Council took note of the statements and so agreed. 
  At a resumed meeting on 6 December, the Chairman of the Council for TRIPS reported that following an intensive series of consultations the Council had approved a proposal in document 
IP/C/41 and had agreed to forward it to the Gene ral Council for adoption.  The TRIPS Council had 
also approved forwarding to the Chairman of the General Council the texts of two Statements, in 
Job(05)/319 and Corr.1 and Job(05)/320, to be read out  by the Chairman of the General Council prior 
to adoption of the Decision.     The Chairman then invited any Members wish ing to make statements with respect to 
paragraph 1(b) of the proposed Annex to the TRIPS Agreement to do so.   
 
 The representatives of Mexico;  Korea;  Turkey;  Singapore;  Macao, China;  Chinese Taipei;  
Israel;  and Hong Kong, China spoke.   The Chairman then read out for the record the Statements forwarded to her by the TRIPS 
Council in Job(05)/320 and Job(05)/319 and Corr.1. 
  The General Council took note of the statements and, in the light of the statement in Job(05)/319 and Corr.1 read out by the Chairman, adopted the draft Decision in document IP/C/41.
4 
  The Chairman then said that Members had asked  her to state, on their behalf, that they 
reaffirmed the statements they had made followi ng the adoption of the General Council Decision of 
30 August 2003, and proposed that th e General Council consider this done. 
  The General Council so agreed.  
 The Chairman then advised delegations of  a modification proposed to be made to 
paragraph 34 on TRIPS and Public Health of the draft Hong Kong Ministerial text 
(JOB(05)298/Rev.1) in order to reflect the Decisi on that the General Council had just taken on this 
matter, under which the second sentence of that paragr aph would read as follows:  "In this regard, we 
welcome the work that has taken place in the Co uncil for TRIPS and the Decision of the General 
Council of 6 December 2005 on an Ame ndment of the TRIPS Agreement."   
 
 The General Council agreed that this amendment be included in the draft text it had agreed on 
2 December to transmit for consideration by Ministers at the Sixth Session of the Ministerial Conference.
5 
 
                                                      
4 The Decision was subsequently  circulated in WT/L/641.  
5 See under Point 9(h) below. WT/GC/101 
Page 8  
 
(d) Review under Paragraph 8 of the Decision on the Implementation of Para graph 6 of the Doha 
Declaration on the TRIPS Agreement and Public  Health – Report of the Council for TRIPS 
(WT/GC/M/100) 
 Paragraph 8 of the General Council Decisi on of August 2003 on the Implementation of 
Paragraph 6 of the Doha Declaration on the TR IPS Agreement and Public Health (WT/L/540 and 
Corr.1) provides that the TRIPS Council shall review annually the functioning of the system set out in 
the Decision with a view to ensuring its effective operation, and shall annually report on its operation 
to the General Council.  The Decision also provid es that the review by the TRIPS Council shall be 
deemed to fulfil the review requirement of Article IX:4 of the WTO Agreement. 
 
 At its meeting on 1, 2 and 6 December 2005
, the General Council considered a report by the 
TRIPS Council on its second review  under Paragraph 8 of the Ge neral Council Decision (IP/C/37). 
  The Chairman of the TRIPS Council introduced the report.  
 The General Council took note of the report of the TRIPS Council in IP/C/37. 
 (e) Work Programme on Small Economies – Reports (WT/GC/M/92, 95, 97, 98, 100) 
 Ministers at Doha agreed to a work programme , under the auspices of the General Council, to 
examine issues relating to the trade of small econom ies, with a mandate to frame responses to the 
trade-related issues identified for the fuller inte gration of small, vulnerable economies into the 
multilateral trading system and not to create a sub-category of WTO Members.  
(WT/MIN(01)/DEC/1, paragraph 35).  At its meet ing in February and March 2002, the General 
Council took note of a framework and procedures fo r the conduct of the Work Programme on Small 
Economies, under which this Work Programme w ould be a standing item on the General Council's 
agenda.  The framework and procedures also provi ded that the Committee on Trade and Development 
would report regularly to the General Council on th e progress of work in its Dedicated Sessions on 
this subject.   At the General Council m eeting on 15 February 2005
, the Chairman of the Dedicated Session 
of the CTD reported on the work in the De dicated Session regarding the Work Programme. 
 
 The representatives of Guatemala (also on beha lf of Bolivia, Honduras, Nicaragua, Paraguay 
and the Dominican Republic), El Salvador, Cuba, Jamaica and Fiji (also on behalf of Papua New 
Guinea and the Solomon Islands) spoke.   The General Council took note of the report by the Chairman of the Dedicated Session of the 
Committee on Trade and Development and of the statements. 
  At the General Council meeting on 26 May 2005
, the Chairman of the Dedicated Session of 
the CTD provided a further report on the work in the Dedicated Session regarding the Work 
Programme.  
 The representatives of Barbados (on behalf  of the small-economy Members), Guatemala, 
Bolivia, Honduras, El Salvador, Dominican Republic, Paraguay, Cuba, Jamaica,  Benin (on behalf of 
the ACP Group), Mauritius, Nicaragua, Antigua and Barbuda (on behalf of the Eastern Caribbean 
Members), Solomon Islands (also on behalf of Papua New Guinea), Australia, Zambia (on behalf of 
the LDCs), and the European Communities spoke. 
 
 The General Council took note of the report by the Chairman of the Dedicated Session of the Committee on Trade and Development and of the statements.  WT/GC/101 
 Page 9 
 
 
 At the General Council meeting on 27 and 29 July 2005 , the Chairman of the Dedicated 
Session of the CTD provided a further report on th e work in the Dedicated Session regarding the 
Work Programme.   The representatives of Barbados (on behalf  of the small-economy countries), Bolivia, 
Honduras, Guatemala, Dominican Republic, El Salva dor, Saint Kitts and Nevis (also for Antigua and 
Barbuda, Dominica, Grenada and Saint Vincent a nd the Grenadines), Paraguay, Solomon Islands, 
Jamaica, Trinidad and Tobago, Mauritius, Cuba, Ecuador, Chile and Colombia spoke. 
  The General Council took note of the report by the Chairman of the Dedicated Session of the 
Committee on Trade and Development and of the statements. 
  At the General Council meeting on 19 October 2005
, the Chairman of the Dedicated Session 
of the CTD provided a further report on the work in the Dedicated Session regarding the Work Programme, and indicated his intention to intensif y work in the Dedicated Session in the coming 
weeks in order to make solid progress on its input to the draft Ministerial text and on its report to the 
General Council.   The representatives of Barbados (on behalf of the small-economy countries), El Salvador, 
Guatemala, Cuba, Jamaica and Honduras, and the Chairman spoke.  
 The General Council took note of the report by the Chairman of the Dedicated Session of the 
Committee on Trade and Development and of the statements.   At its meeting on 1, 2 and 6 December 2005
, the General Council considered a report from the 
Dedicated Session of the CTD in document WT/COMTD/SE/4. 
 
 The Chairman of the Dedicated Session of  the Committee on Trade and Development 
introduced the report.   The representatives of Barbados, El Salvador, Guatemala, Dominican Republic, Honduras, Nicaragua, Paraguay, Jamaica, Antigua and Barbuda (a lso for Dominica, Grenada, St. Kitts and Nevis 
and St. Vincent and the Grenadines), Trinidad and Tobago, and the European Communities spoke. 
  The General Council took note of the statements  and of the report in WT/COMTD/SE/4, and 
that the report would be forw arded to the Sixth Session of the Ministerial Conference. 
 
(f) Rules of Origin – Harmonization Work Programme – Statement by the Chairman 
(WT/GC/M/92, 97) 
 In July 2004, the General Council agreed to further extend to July 2005 the deadline for 
completion of negotiations on the core policy issues identified in a report by the Chairperson of the Committee on Rules of Origin to the General Counc il in July 2002 and also agreed that, following 
resolution of these core policy i ssues, the Committee on Rules of Or igin complete its remaining 
technical work, including the work referred to in Ar ticle 9.3(b) of the Agreement on Rules of Origin, 
by 31 December 2005.   At the General Council m eeting on 15 February 2005
, the Chairman recalled that since the 
December 2002 meeting of the General Council, at the request and on behalf of the Chair of the 
General Council, this work had been pursued in in formal consultations by the Chairperson of the 
Committee on Rules of Origin.  He informed th e General Council that the Chairperson of the 
Committee on Rules of Origin had reported to him on the progress in her consultations since 2004.  
On the basis of the report and advice he had received from the Chair of the CRO – following 
consultations with members of her Committee – he believed that, to move this work forward, the WT/GC/101 
Page 10  
 
"implications issue" should be taken up in cons ultations by the Chairpersons of the Committees 
relating to trade remedy measures, rather than in the origin context.  This change of work environment 
might provide a new opportunity in which experts on trade remedy measures, based on their own experience and expertise, could negotia te this matter in a more focused manner.  With this in mind, he 
informed Members of the steps he proposed to ta ke as a purely practical means to advance work on 
the Harmonization Work Programme, in view of the tight deadline Members were facing. 
  The General Council took note of the statement.   At its meeting on 27 and 29 July 2005
, the General Council again considered this matter. 
 
 The Chairperson of the Committee on Rules of Origin reported on the consultations she had 
held, at the GC Chair's request and behalf, on the core policy issues.   The Chairman proposed, in the light of th e report from the CRO Chair and the views of 
delegations in the consultations he ld by the latter, that the Genera l Council continue its work with a 
view to completing the negotiations on the core  policy issues identified in document G/RO/52 by 
July 2006.  She also proposed that  this work would be pursued, at her request and behalf, by the CRO 
Chair.  She further proposed that following reso lution of these core policy issues, the Committee on 
Rules of Origin complete its remaining work con cerning the overall architecture and technical issues, 
as well as the overall coherence exercise referred to in Article 9.3(b) of the Agreement on Rules of 
Origin, by 31 December 2006. 
  The General Council took note of the statement and agreed to the Chairman's proposals.  (g) Work Programme on Special and Differential Treatment 
(i) Reports by the Chairman of the Special S ession of the Committee on Trade and Development 
(WT/GC/M/97, 100) 
 In Section 1(d) of the July 2004 Decision on the Doha Work Programme (WT/L/579), the 
General Council instructed the Special Session of the Committee on Trade and Development to expeditiously complete the review of all the out standing Agreement-specific proposals on special and 
differential treatment and to report to the General Council, with clear recommendations for a decision, 
by July 2005. 
  At the General Council meeting on 27 and 29 July 2005
, the Chairman of the Special Session 
of the Committee on Trade and Development reported inter alia  that the Special Session was not in a 
position to make specific recommendations on any of the Agreement-specific proposals Members had 
entrusted it to consider, and that it would need to  continue to work on the remaining Agreement-
specific proposals and report to the General Council with clear recommendations for a decision by the 
Hong Kong Ministerial Conference.  The Special Sessi on would also need to continue to monitor and 
coordinate its efforts with that of the nego tiating groups and other WTO bodies to which the 
Category II proposals had been referred by the Ge neral Council.  As mandated by the July 2004 
General Council, the Special Session should also c ontinue, within the parameters of the Doha 
mandate, to address all other outstanding work, incl uding on the cross-cutting issues, the monitoring 
mechanism and the incorporation of S&D treatment in to the architecture of WTO rules, as referred to 
in document TN/CTD/7, and report, as appropriate, to the General Council. 
  The representative of Cuba spoke. 
 
 The General Council took note of the report by the Chairman of the Special Session of the 
Committee on Trade and Development and of the st atement, and agreed to the course of action 
proposed by him.  WT/GC/101 
 Page 11 
 
 
  At the General Council meeting on 1, 2 and 6 December 2005
, at the Chairman's suggestion, 
the report by the Chairman of the Special Sessi on of the Committee on Trade and Development was 
taken up together with the reports by Chairper sons of other WTO bodies to whom special and 
differential treatment proposals have been referred (c arried in Point 1(g)(ii) below), and the discussion 
is reflected accordingly in this Report and in the Minutes of the meeting.   
  The Chairman of the Special Session of the Committee on Trade and Development noted, inter alia , that his report to the TNC in TN/CTD/14 high lighted the work carried out in the Special 
Session since July 2005, which had focused mainly  on the five remaining LDC Agreement-Specific 
proposals.  The results of this work and the remain ing differences, which he hoped could be resolved 
at Hong Kong, were reflected in the revised draft Mi nisterial draft, Annex F.  He had also recently 
held a meeting with Chairpersons of other WTO bodies to whom Category II proposals had been 
referred and had reported in detail to Members in the CTD in Special Session.    
 The Chairs of the Special Session of the Committee on Agriculture, the Committee on 
Agriculture, the Special Session of the Council for Trade in Services, the Council for TRIPS, the 
Committee on Safeguards, the Committee on SPS Measu res and the Committee on TRIMs reported on 
the further consideration in their respective bodies of the special and differe ntial treatment proposals 
referred to them in 2003.  
 The Chairman said that in order to assist de legations in their work, the statements by the 
Chairs would be circulated as a General Council docum ent and, as with other reports on the Agenda of 
that meeting, forwarded to the Sixth Session of the Ministerial Conference.  Reports from the Chairs of the Special Session of the Dispute Settlement Body and the Negotiating Group on Rules, who had been unable to be present at the meeting, would be ci rculated as part of this document.  In the absence 
of the Chair of the Committee on SPS Measures, a report from the latter had been circulated as 
document G/SPS/39.     The representatives of Tanzania, Kenya, Cuba and Zambia (on behalf of the LDCs) spoke. 
  The General Council took note of the statements, and that the statements by the Chairs would 
be circulated as a General Council document
6 and, as with other reports on the Agenda of that 
meeting, forwarded to the Sixth Session.  
(ii) Reports by Chairpersons of other WTO bodies to whom special and differential treatment 
proposals have been referred (WT/GC/M/97, 100) 
 In Section 1(d) of its Decision of July 2 004 on the Doha Work Programme (WT/L/579), the 
General Council instructed all WTO bodies to whic h special and differential treatment proposals had 
been referred in 2003 to expeditiously complete th e consideration of these proposals and report to the 
General Council, with clear recommendations for a decision, as soon as possible and no later than 
July 2005.  
 At its meeting on 27 and 29 July 2005
, the General Council considered this matter. 
  The Chairs of the Special Session of the Committee on Agriculture, the Committee on 
Agriculture, the Negotiating Group on Rules, the Speci al Session of the Council for Trade in Services, 
the Council for TRIPS, the Committee on Safe guards, the Committee on SPS Measures and the 
Committee on TRIMs reported on the consideration in their respective bodies of the special and 
differential treatment proposals referred to them in 2003. 
 
                                                     
 
6 Subsequently circulated as WT/GC/102. WT/GC/101 
Page 12  
 
 The Chairman said she had been advised that  the Chairman of the Special Session of the 
Dispute Settlement Body had nothing to add to his report to the General Council in document 
TN/DS/13.   The representatives of Kenya, India, Jamai ca, Benin, Bangladesh and Cuba spoke. 
 
 The Chairman recalled that under the previ ous sub-item of the Agenda (see Point 1(f)(i) 
above) the Chair of the CTD in Special Session had stated that the Special Session would need to 
continue to monitor and coordinate the efforts of  the Special Session with that of the negotiating 
groups and other WTO bodies to which the Category II proposals had been referred.  The General 
Council under that sub-item had agreed to this pro posed course of action.  She invited the General 
Council  to take note of the statements and to requ est the relevant Chairs to continue to keep the 
General Council informed of progress in this work.    The General Council so agreed. 
 
 The representative of Kenya spoke.   The Chairman, in response to a suggestion from Kenya that Members could perhaps make 
more progress by concentrating their work on S&D in the CTD in Special Session, said this was a 
matter on which she would wish to consult before  recommending any action to the General Council.  
She would take up this matter afte r the summer break in order to fi nd out if this was a decision the 
General Council wished to take.  Kenya's point had been well taken, and the support for its proposal 
had been noted, and it was on this basis that she would be consulting.   The General Council took note of the statements. 
 
 At the General Council meeting on 1, 2 and 6 December 2005
, at the Chairman's suggestion, 
the reports by Chairpersons of the other bodies to  whom special and differential treatment proposals 
have been referred were taken up to gether with the report by the Chairman of the Special Session of 
the Committee on Trade and Development (under Point 1(g)(i) above), and the discussion is reflected 
accordingly in this Report and in the Minutes of the meeting.   
 
(h) Work Programme on Electronic Commerce (WT/GC/M/98, 100) 
At the General Council meeting on 19 October 2005 , the representative of the United States, 
noting that pursuant to paragraph 34 of the Doha Declaration provision had been made for dedicated 
discussions under the auspices of the General C ouncil related to e-commerce, said that given 
developments in this area, including with respect to software, the United States believed that another 
such dedicated discussion in early November would be warranted. 
 The General Council took note of the statement.  At its meeting on 1, 2 and 6 December 2005
, the General Council considered the state of play 
of work on the work programme.  In so doing, it h eard a report from the Chairman on the state of play 
of the e-commerce discussions in the Councils fo r Goods, Services and TRIPS, as well as reports by 
the Chairpersons of the Committee on Trade and Development and the Dedicated Discussions on 
cross-cutting issues under the auspices of the Genera l Council on work in their respective areas.  The 
General Council also had before it a report fro m the Dedicated Discussions in WT/GC/W/555. 
 The representative of Cuba spoke. 
  WT/GC/101 
 Page 13 
 
 
The Chairman said that in order to assist dele gations in their work, the statements by the 
Chairs would be circulated as a General Council document7 and, as with other reports on the Agenda 
of that meeting, forwarded to the Sixth Session of the Ministerial Conference.    
 
 The General Council took note of the statements  and of the report in WT/GC/W/555, and that 
the statements by the Chairs would be circulat ed as a General Council document and, as with other 
reports on the Agenda of that meeti ng, forwarded to the Sixth Session. 
 (i) Follow-up to the July 2004 General Council D ecision on the Doha Work Programme – Report 
by the Director-General on the Development Assistance Aspects of Cotton (WT/GC/M/100) 
 In Paragraph 1.b of the July 2004 Decisi on on the Doha Work Programme (WT/L/579), the 
General Council, inter alia , took note of the bilateral and multila teral efforts to make progress on the 
development assistance aspects of the Cotton Initiative, and instructed the Secretariat to continue work 
with the development community to provide th e Council with periodic reports on relevant 
developments.  The Council also inst ructed the Director-Gen eral to consult with relevant international 
organizations, including the Brett on Woods Institutions, the Food a nd Agriculture Organization and 
the International Trade Centre, to direct effectiv ely existing programmes and any additional resources 
towards development of the economies where cotton has vital importance. 
 
 At the General Council meeti ng on 1, 2 and 6 December 2005
, the Director-General 
introduced a second report on the development assist ance aspects of cotton (WT/GC/97 and Add.1). 
 
 The representatives of Benin, United States, Paraguay, Tanzania, Uganda, Zimbabwe and Djibouti spoke.   The General Council took note of the statemen ts and of the Director-General's report in 
WT/GC/97 and Add.1, and that the report would be forwarded to the Sixth Session of the Ministerial 
Conference.  
2. China – Transitional review under Section 18.2 of the Protocol on Accession to the WTO 
Agreement (WT/GC/M/100) 
  At its meeting on 1, 2 and 6 December 2005
, the General Council conduc ted its fourth review 
of China's implementation of the WTO Agreement and the provisions of the Protocol of Accession.  In so doing, the General Council considered  a communication from China (WT/GC/99) which 
provided information required under S ections I and III of Annex 1A of the Protocol of Accession, as 
well as reports from subsidiary bodies on their r espective reviews (G/L/764, S/C/25, IP/C/39, 
WT/BOP/R/80). 
  The representatives of China, United States, European Communities, Djibouti, Japan and 
Chile spoke.   The General Council took note of the statemen ts and of the report submitted by China as well 
as the reports of subsidiary bodies on the conduct of  their respective reviews, and agreed that the 
fourth review by the General Council of China' s implementation of the WTO Agreement and the 
provisions of its Protocol of Accession had been concluded. 
 
                                                     
 
7 Subsequently circulated as WT/GC/103. WT/GC/101 
Page 14  
 
3. Committee on Budget, Finance and Administ ration - Reports and recommendations 
(WT/GC/M/95, 97, 98, 100) 
 At its meeting on 26 May 2005
, the General Council considered a report by the Committee on 
Budget, Finance and Administration on its meeti ngs of October, November and December 2004 
(WT/BFA/76). 
 
 The Chairman of the Committee introduced the report.   The General Council took note of the statemen t and adopted the Budget Committee's report in 
document WT/BFA/76. 
 
 The General Council then considered a re port by the Committee on Budget, Finance and 
Administration on its meetings of March 2005 (WT/BFA/77).   The Chairman of the Committee introduced the report. 
 
 The representative of Zambia spoke.   The General Council took note of the statem ents, approved the specific recommendations in 
paragraphs 17 and 20 of the Budget Committee's re port in WT/BFA/77, and adopted the report. 
 
 At its meeting on 27 and 29 July 2005
, the General Council considered the recommendations 
of the Committee resulting from the Committee's meetings of June and July 2005 (WT/BFA/78).   The Chairman of the Committee introduced the recommendations.  
 The General Council took note of the stat ement and approved the Budget Committee's 
specific recommendations in document WT/BFA/78.   At its meeting on 19 October 2005
, the General Council considered the report of the 
Committee on Budget, Finance and Administration on its meetings of June and July 2005 
(WT/BFA/79). 
 
 The Chairman of the Committee introduced the report.   The representative of Zambia spoke.  
 The General Council took note of the statemen ts and adopted the Budget Committee's report 
in WT/BFA/79.   At its meeting on 1, 2 and 6 December 2005
, the General Council considered a report by the 
Committee on Budget, Finance and Administration on matters considered at its meeting of 
September 2005 (WT/BFA/80). 
 
 The Chairman of the Committee introduced the report.   The General Council took note of the statemen t, approved the Budget Committee's specific 
recommendations in paragraphs 16 and 18 of its report in WT/BFA/80, and adopted the report. 
 
 The General Council then considered the r ecommendations of the Committee resulting from 
the Committee's meetings of Octobe r and November 2005 (WT/BFA/82). 
  WT/GC/101 
 Page 15 
 
 
 The Chairman of the Committee introduced th e recommendations.  Referring to the situation 
of WTO Members in arrears, covered under an item at  this meeting of the Committee, he recalled that 
Members under any category of administrative me asures for those in arrears were precluded from 
being nominated to preside over WTO bodies.  This was important for the upcoming Ministerial Conference where a Vice-Chair was from a Member falling under these administrative measures.   
 
 The General Council took note of the statemen t, approved the Budget Committee's specific 
recommendations in paragraphs 1, 2, 6, 7, 9 and 10 of WT/BFA/82, including the draft Resolutions 
referred to in paragraphs 9 and 10, and adopted the draft Resolutions on the Revised Expenditures of 
the WTO in 2006 and 2007, and the Ways and Mean s to Meet Such Expenditures, contained in 
paragraphs 9 and 10 of WT/BFA/82. 
  On 6 December, Mr. Deelen (Netherlands), on the Committee Chairman's request and behalf, confirmed that the full amount of arrears from th e Member referred to by the Committee Chair on 
1 December having been cleared, that Member  was no longer precluded under the terms of the 
administrative measures from taking up the position of Vice-Chair at the upcoming Ministerial 
Conference.   The Chairman spoke.   The General Council took note of the statements. 
 
4. Review of the Exemption Provided under Paragraph 3 of GATT 1994 (WT/GC/M/92, 
100) 
 Paragraph 3(a) of GATT 1994 provides an  exemption from Part II of GATT 1994 for 
measures under specific mandatory legislation – enacte d by a Member before it became a contracting 
party to GATT 1947 – which prohibits the use, sale or  lease of foreign-built or foreign-reconstructed 
vessels in commercial applications between points in  national waters or waters of an exclusive 
economic zone.  On 20 December 1994, the United St ates invoked the provisions of paragraph 3(a) 
with respect to specific legislation that met the re quirements of that paragraph.  Paragraph 3(b) of 
GATT 1994 calls for a review of this exemption five years after the date of entry into force of the 
WTO Agreement, and thereafter every two years for as long as the exemption is in force, in order to 
examine whether the conditions which created the n eed for the exemption still prevail.  The General 
Council last considered this matter at its meeti ng in December 2003, at which it took note that under 
the two-yearly cycle provided for in paragraph 3( b) of GATT 1994, the next review would normally 
be held in 2005.  
 At the General Council mee ting on 15 February 2005
, the Chairman, recalling the background 
to the Council's discussion on this matter, proposed that for the purposes of the conduct of the review 
in 2005 Members proceed in a manner similar to th at in 2003.  He would,  accordingly, invite all 
interested delegations to speak for the record at that meeting with regard to the review under the 
current cycle.  He would also invite interested delegations to submit comments and questions to the 
United States regarding the operation of the legi slation under the exemption, to which the United 
States would be invited to respond.  These statemen ts, questions and responses, together with the 
annual report provided by the US under paragraph 3(c) of GATT 1994, would form the basis for the 
present year's review.  For the purposes of the re view, this matter would be on the agenda of 
subsequent General Council meetings in the course of 2005 as the Ch airman deemed appropriate, or at 
the request of any Member.  The Ge neral Council would, furthermore, c onsider this matter again at its 
last meeting of the year.  At that meeting, the C ouncil would take note of the discussions held in the 
course of the review until then, and take any other action it might agree on.  It would also take note 
that the subsequent review would normally be held in 2007.  Rega rding the exemption, he invited 
Members to note that, as provided in paragraph 3(e) of GATT 1994, the exemption was without 
prejudice to solutions concerning specific aspects of the legislation covered by this exemption WT/GC/101 
Page 16  
 
negotiated in sectoral agreements or in other fora .  He then drew attention to the annual report 
circulated by the United States in document WT/L/600.   The representatives of the United States, Jap an, Norway, Australia, European Communities, 
Chile and Korea spoke. 
 
 The General Council took note of the statements.   At its meeting on 1, 2 and 6 December 2005
, the General Council again considered the 
exemption provided under paragraph 3 of GATT 1994 fo r review.  The General Council had before it 
a recent communication from Japan in document WT/GC/W/558, as well as a communication from 
the United States containing information relating to the operation of the exemption (WT/L/600), which had been considered in February.     The representatives of the United States, Jap an, Norway, Australia, European Communities, 
Korea and Hong Kong, China spoke. 
  The General Council took note of the statements and also took note that the subsequent review 
under the two-yearly cycle provided in paragra ph 3(b) of GATT 1994 would normally be held in 
2007.  5. Non-recognition of rights under Article XXIV:6 and Article XXVIII of GATT 1994 – 
Communication from Honduras and Guatem ala (WT/GC/M/92, 95, 97, 98, 100)  
In December 2004, at the request of H onduras and Guatemala, the General Council 
considered the question of non-recognition of ri ghts for the processes under Article XXIV:6 and 
Article XXVIII of GATT 1994 in connection with th e enlargement of the EC, and agreed that the 
Chairman would reflect on how best to proceed on this matter and on possible ways forward in 
consultation with delegati ons, and that the General Council would revert to this matter at its next 
meeting, as appropriate.   At its meeting on 15 February 2005
, the General Council again considered this matter, and 
heard a report from the Chairman on consultations he had held. 
 
 The representatives of Honduras, Guatemala, Brazil, Ecuador, the Philippines, Uruguay, Colombia, Costa Rica, Panama, the Eu ropean Communities and Jamaica spoke. 
  The Chairman proposed, in view of the stat ements, that he request his successor as Council 
Chair to take this matter up in consultations with delegations on an informal basis before the next 
meeting of the General Council, in order to find th e best way forward, and that the General Council 
revert to this matter at its next meeting.   The General Council took note of the statements and so agreed.  
 At the General Council meeting on 26 May 2005
, the Chairman reported on consultations she 
had held to provide a further opportunity for the Me mbers concerned to seek clarifications and to see 
if she, as Chair, could facilitate a satisfactory resolu tion to the concerns raised .  In connection with the 
consideration of this matter, she also drew attention to a recent communication from Honduras in WT/GC/90 and Corr.1. 
 
 The representatives of Honduras, Guatemala,  Costa Rica, Brazil, Panama, Colombia, 
Argentina, Ecuador, El Salvador, Mexico, Uruguay,  Nicaragua and the European Communities spoke.  WT/GC/101 
 Page 17 
 
 
 The General Council took note of the statements a nd agreed to revert to this matter at its next 
meeting, and that the Chair would hold further consul tations in the meantime with the aim of moving 
this matter forward.   At the General Council meeting on 27 and 29 July 2005
, the Chairman reported on her further 
consultations on this matter. 
  The representatives of Honduras, Guatemala, Ar gentina, Brazil, Uruguay, Ecuador, Colombia, 
Mexico, Costa Rica, Peru, Indonesia, Philippin es, Paraguay, El Salvador, Panama, Bolivarian 
Republic of Venezuela, Bolivia a nd the European Communities spoke. 
 
 The General Council took note of the statements a nd agreed to revert to this matter at its next 
meeting, and that the Chair would hold further consul tations in the meantime with the aim of moving 
this matter forward.  
 At the General Council meeting on 19 October 2005
, the Chairman reported on her further 
consultations on this matter.  She aimed to convene  further consultations after the second arbitrator's 
award on the EC's banana concession had been circulat ed, and would continue to  talk with individual 
delegations as much as possible between that meeting of the Council and the next.   The representatives of Guatemala, Honduras, Venezuela, Ecuador, Panama, El Salvador, 
Brazil, Uruguay, Colombia, Costa Rica, Philippines,  Paraguay, Mexico, Nicaragua and the European 
Communities spoke.   The General Council took note of the statements a nd agreed to revert to this matter at its next 
meeting, and that the Chair would hold further consul tations in the meantime with the aim of moving 
this matter forward. 
  At its meeting on 1, 2 and 6 December 2005
, the General Council again considered this 
matter, and heard a report from the Chai rman on consultations she had held. 
  The representatives of Honduras, Guatemala,  Brazil, Uruguay, Nicaragua, Panama, Ecuador, 
El Salvador, Paraguay, Colombia and Costa Rica spoke. 
  The General Council took note of the statements a nd agreed to revert to this matter at its next 
meeting, and that the Chair would hold further cons ultations in the meantime in the hope of moving 
this matter forward. 
 
6. Proposed Modification to Schedule CXL – European Communities:  Prolongation of 
Rights under Article XXVIII of GATT 1994 (WT/GC/M/93) 
 At the General Council meeting on 28 February 2005
, the Chairman drew attention to a 
communication from the United States (WT/GC/87) requesting a prolongation of its rights under Article XXVIII of GATT 1994 in connection with the modification of concessions by the EC on 
husked rice and semi-milled and milled rice.  Since th e circulation of the US communication, she had 
held consultations with all Me mbers who had been involved directly in the Article XXVIII 
negotiations with the EC, as well as those who had e xpressed a view on the subject of extensions of 
this nature on an earlier occasion in the General Counc il.  The EC had also engaged in further bilateral 
discussions with both the United States and other inte rested delegations.  She invited the United States 
and the EC to introduce this matter, as well as a revised text that was now being proposed for 
consideration following the consultations  that had been held (WT/GC/89). 
  The representatives of the United States  and the European Communities spoke. WT/GC/101 
Page 18  
 
 The Chairman proposed that the General Counc il adopt the proposed decision as read out by 
the European Communities, and which had been circ ulated to delegations in document WT/GC/89. 
  The General Council took note of the statements and so agreed.  
 The representative of the Philippines spoke. 
  The General Council took note of the statement.  
7. Enlargement of the European Union – Communications from the European 
Communities (WT/GC/M/94, 96, 100) 
 In October 2004, the General Council, on the basis of a communication from the EC, adopted 
an agreement reached in the Goods Council to exte nd the deadline in Article XXVIII:3 of GATT 1994 
for the withdrawal of substan tially equivalent concessions from six months to twelve months 
following the EC's modification of concessions in connection with the accession to the European 
Union on 1 May 2004 of Cyprus, the Czech Republic , Estonia, Hungary, Latvia, Lithuania, Malta, 
Poland, the Slovak Republic and Slovenia.    At the General Council meeting on 31 March 2005
, the Chairman drew attention to a 
communication from the EC in G/L/695/Add.1/Rev.1 in which it indicated it would not assert that Members who had submitted a claim pursuant to Article XXIV:6 of GATT 1994 were precluded from 
withdrawing substantially equi valent concessions under Article XXVIII:3 of GATT 1994 because this 
withdrawal occurred later than six months after the EC's withdrawal of con cessions, provided that the 
claiming WTO Member withdrew concessions no later than fifteen months after the EC's modification of concessions.    
 In the absence of the Chairman of the Counc il for Trade in Goods, and on the latter's request 
and behalf,  the Chairman reported that the Goods Council on 11 March had considered this matter 
and agreed on the extension of the deadline fo r withdrawal of concessions under Article XXVIII:3 
from six months to fifteen months, as set out in the EC's communication, and had forwarded this agreement to the General Council for adoption.    
 The General Council took note of the communication from the EC in G/L/695/Add.1/Rev.1 
and adopted the agreement reached in the Goods Council on the extension of the deadline for the 
withdrawal of concessions referred to in Article XXVIII:3 of GATT 1994 from six months to fifteen 
months following the EC's modification of con cessions, on the understanding that Members who 
found themselves still in need of a further extension might raise the matter at the 10 May meeting of 
the Goods Council for consideration. 
  The representatives of the Philippines and Indonesia spoke.   The General Council took note of the statements.  
 At the General Council meeting on 29 June 2005
, the Chairman drew attention to a 
communication from the EC in G/L/695/Add.2, in which it indicated it would not assert that Members 
who had submitted a claim pursuant to Artic le XXIV:6 of GATT 1994 were precluded from 
withdrawing substantially equiva lent concessions under Article XXVIII:3 of GATT 1994 because this 
withdrawal occurred later than six months after the EC's withdrawal of con cessions, provided that the 
claiming WTO Member withdrew concessions no later than twenty-one months after the EC's 
modification of concessions.   WT/GC/101 
 Page 19 
 
 
 The representatives of Canada, Colombia, Unite d States, Costa Rica, Ecuador, Argentina, 
Thailand, Chinese Taipei, India, Australia, Malays ia, Philippines, Brazil, Singapore, Japan, Indonesia 
and Pakistan spoke.   The General Council took note of the statements and of the communication from the EC in 
G/L/695/Add.2, and agreed on the extension of the deadline for the withdrawal of concessions 
referred to in Article XXVIII:3 of GATT 1994 from six months to twenty-one months, i.e. until 
1 February 2006.   At the General Council meeti ng on 1, 2 and 6 December 2005
, the Chairman drew attention to 
a communication from the EC in WT/GC/98, in whic h it indicated it would not assert that Members 
who had submitted a claim pursuant to Artic le XXIV:6 of GATT 1994 were precluded from 
withdrawing substantially equiva lent concessions under Article XXVIII:3 of GATT 1994 because this 
withdrawal occurred later than six months after the EC's withdrawal of con cessions, provided that the 
claiming WTO Member withdrew concessions no later than twenty-seven months after the EC's 
modification of concessions. 
  The representatives of the European Communiti es, United States, Japan, Colombia, Ecuador, 
Costa Rica and Panama, and the Chairman spoke.   The General Council took note of the statements and of the communication from the EC in 
WT/GC/98, and agreed on the extension of the dead line for the withdrawal of concessions referred to 
in Article XXVIII:3 of GATT 1994 from six months to  twenty-seven months, i.e. until 1 August 2006. 
 
8. Procedure for the introduction of HS 2002 changes to schedules of tariff concessions 
using the Consolidated Tariff Schedules (CTS) Database (WT/GC/M/92) 
 At the General Council m eeting on 15 February 2005
, the Chairman drew attention to a draft 
decision in document G/MA/W/65/Rev.2 regarding a procedure for the introduction of HS 2002 changes to schedules of tariff concessions using th e Consolidated Tariff Schedules Database, which 
had been approved by the Committee on Market A ccess in December 2004.  He proposed that the 
General Council adopt the draft decision.  
 The General Council so agreed.
8 
 
9. Preparations for the Sixth Session of the Ministerial Conference 
(a) Election of officers (WT/GC/M/95, 97) 
 The Rules of Procedure for Se ssions of the Ministerial Conf erence provide that during the 
course of each regular session a Chairperson and three Vice-Chairpe rsons shall be elected from among 
the Members to hold office from the end of that se ssion until the end of th e next regular session 
(WT/L/161, Rule 12).  At the Fifth Session of the Ministerial Conference in Cancún, Ministers requested the General Council to hol d consultations with a view to determining the presiding officers 
of the Ministerial Conference to hold of fice until the end of the Sixth Session. 
 
 At the General Council meeting on 26 May 2005
, the Chairman said that in keeping with 
customary practice, the General Council would elect a representative of the host Government – in the 
present case, Hong Kong, China – to chair the Conferen ce.  With regard to the election of the three 
Vice-Chairpersons of the Conference, she proposed th at she hold consultations on this matter, and that 
the General Council revert to it at its next meeting, in order that the full slate could be agreed at the 
same time. 
                                                      
8 The Decision was subsequently circulated in document WT/L/605. WT/GC/101 
Page 20  
 
  The General Council so agreed.   At the General Council m eeting on 27 and 29 July 2005
, the Chairman informed the General 
Council that on the basis of consultations with representatives of broad regional groupings, who had 
themselves suggested consensus candidates to her re garding the three Vice-Chairpersons, she was in a 
position to propose that the General Council elect the following presiding officers for the Sixth Session:   Chairperson:  Mr. John C. Tsang 
   Secretary for Commerce, Industry and Technology  
   Hong Kong, China   Vice-Chairpersons:   H.E. Dr. Martin Bartenstein     Federal Minister for Economic Affairs and Labour 
    A u s t r i a  
     The Honourable Dame Billie Antoinette Miller      Senior Minister and Minister of Foreign Affairs and Foreign Trade 
    B a r b a d o s   
    H.E. Mr. Idris Waziri 
    Minister of Commerce     N i g e r i a    The General Council agreed to elect the above presiding officers for the Sixth Session. 
 
 The representative of Nigeria spoke.   The General Council took note of the statements.  (b) Attendance of observers from Governments (WT/GC/M/95, 98) 
 At the General Council meeting on 26 May 2005
, the Chairman recalled that 38 Governments 
had participated as observers at the Cancún Minister ial Conference in accordance with the Guidelines 
contained in Annex 2 of the General Council's Ru les of Procedure (WT/L/161).  A list of these 
Governments was set out in document WT/MIN(03)/I NF/5/Rev.1.  Of these 38 Governments, two had 
since acceded to the WTO, namely Cambodia a nd Nepal, and were no longer observers.  Also, 
following the accession proceedings that had been initiated for the Governments of Iran, Iraq, 
Montenegro and Serbia, these Governments had ob server status in the General Council and would 
therefore be invited to attend the Ministerial C onference as observers in keeping with the agreed 
Guidelines.  Furthermore, six Governments had at  their request previously been granted observer 
status only at Ministerial Conferences:  Comoro s, Cook Islands, Eritrea, Liberia, Niue and San 
Marino.  She proposed that these Governments also be invited to the Hong Kong Ministerial 
Conference as observers.  Requests from any other G overnments for observer status – either at the 
General Council or at the Ministerial Conference – would be considered on their merits in accordance 
with the Guidelines when  they were received. 
  The General Council took note of the statement and so agreed. 
 
 At its meeting on 19 October 2005
, the General Council considered requests for observer 
status at the Hong Kong Ministerial Conference from the Governments of Timor-Leste (WT/L/622) 
and Tuvalu (WT/L/623).   WT/GC/101 
 Page 21 
 
 
 The General Council agreed to invite Timor-Lest e and Tuvalu to attend the Sixth Ministerial 
Conference as observers.  (c) Attendance of observers from International In tergovernmental Organizations (WT/GC/M/95, 
97, 98, 100) 
 At the General Council meeting on 26 May 2005
, the Chairman recalled, inter alia , the 
Guidelines for observer status for IGOs in Anne x 3 of the General Council's Rules of Procedure 
(WT/L/161) and also that prior to each of the past  sessions of the Ministerial Conference, the General 
Council had agreed to invite IGOs as observers to  the Ministerial Conference on the basis of the 
following elements:  (i) organizations that we re observers to the Ge neral Council would be 
automatically invited;  (ii) organizations that were  observers to subsidiary bodies would be invited if 
they requested to attend;  and (iii) consultations w ould be held to determine which other organizations 
that were not observers to the WTO, and who requested attendance at the Ministerial Conference, should be invited.  A list of the IGOs that ha d been invited to attend the Cancún Ministerial 
Conference on the basis of these elements was set  out in WT/MIN(03)/INF/5/Rev.1.  She proposed 
that these organizations also be invited to the Mi nisterial Conference in Hong Kong as observers, in 
keeping with the agreed Guide lines.  Requests from any other IGOs that had not already been 
observers at the Ministerial Conference in Cancún,  and who were neither observers in the General 
Council nor in other WTO bodies, would have to be considered on their merits in accordance with the 
Guidelines.    
 The General Council took note of the statemen t and agreed to follow the procedure outlined 
by the Chairman.   The Chairman then informed delegations that a request for observer status at the Hong Kong 
Ministerial had been received from the League of Arab States, which currently did not have observer 
status in any WTO body.  With regard to this re quest, she proposed that Members proceed in exactly 
the same way as it had in the past with regard to requests from IGOs for observer status at Ministerial 
Conferences who were neither observers in the General Council nor in other WTO bodies.  
Accordingly, she proposed that, unless any object ion was received by the Secretariat from any 
Member by 15 June 2005, the League of Arab St ates be granted observer status at the Hong Kong 
Ministerial.  As in the past, she would inform the General Council at its next meeting of the status of 
this request.  Delegations would ha ve an opportunity at that meeting to engage in a discussion on this 
request if an objection were received by the deadline of 15 June.   The General Council took note of the statement and so agreed.  
 At its meeting on 27 and 29 July 2005
, the General Council reverted to the request for 
observer status at the Hong Kong Ministerial Conference from the League of Arab States.   The representatives of Israel, United States and  Egypt (on behalf of the Arab Group) spoke. 
  The General Council took note of the statements. 
 
 The Chairman then informed delegations that a request for observer status at the Hong Kong 
Ministerial had been received from the Agency for International Trade Info rmation and Co-Operation 
(AITIC) which currently did not have observer status in any WTO body.  She proposed that the General Council proceed in exactly the same way as it had in the past regarding requests from other 
IGOs for observer status at Ministerial Conferences who were neither observers in the General 
Council nor in other WTO bodies.  Accordingly, she proposed that, unless an objection was received by the Secretariat from any Member by 15 August 2005, the AITIC be granted observer status at the Hong Kong Ministerial.  As in the past, she would inform the General Council at its next meeting of WT/GC/101 
Page 22  
 
the situation with regard to this request, and delegations would have an opportunity at that meeting to 
engage in a discussion on this request if an objec tion were received by the deadline of 15 August. 
  The representative of Benin spoke.  
 The General Council took note of the statements and agreed to the Chairman's proposal. 
  At its meeting on 19 October 2005
, the General Council  reverted to the request for observer 
status at the Hong Kong Ministerial Conference fro m the Agency for Internat ional Trade Information 
and Co-Operation (AITIC). 
 
 The representatives of Egypt (on behalf of the Arab Group) and Switzerland spoke.   The General Council took note of the statements.  
 The Chairman then informed delegations that  requests for observer status at the Hong Kong 
Ministerial had been received from the Technical  Centre for Agricultural and Rural Co-Operation 
ACP-EC (CTA), the Basel Convention, the Counc il of Europe Development Bank and the African 
Development Bank, which currently did not have observer status in any WTO body.  She proposed 
that the General Council proceed in exactly the sam e way as it had in the past regarding requests from 
other IGOs for observer status at Ministerial Conf erences who were neither observers in the General 
Council nor in other WTO bodies.  Accordingly, she proposed that, unless an objection was received 
by the Secretariat from any Member by 5 November 2005, these organizations be granted observer status at the Hong Kong Ministerial.  As in the p ast, she would inform the General Council at its next 
meeting of the situation with regard to these requ ests, and delegations would have an opportunity at 
that meeting to engage in a discussion if an objec tion were received by the deadline of 5 November. 
 
 The General Council took note of the statement and agreed to the Chairman's proposal.   At the General Council meeti ng on 1, 2 and 6 December 2005
, the Chairman reported on 
consultations she had held recently on the overall question of observership for IGOs in WTO bodies, 
following the statement by Egypt on behalf of the Arab Members at the October Council meeting.  
The General Council then reverted to the requests for observer status at the Hong Kong Ministerial 
Conference from the Technical Centre for Agricultu ral and Rural Co-operation ACP-EC (CTA), Basel 
Convention, Council of Europe Development Bank, and African Development Bank.   
  The representative of Egypt (on behalf of the Arab Group) spoke. 
 
 The General Council took note of the statement.   The Chairman then informed delegations that  a request for observership at the Hong Kong 
Ministerial Conference had been received from the Andean Development Corporation (CAF).  She 
proposed that the General Council proceed in exac tly the same way as it had in the past regarding 
requests from other IGOs for observer status at Ministerial Conferences who were neither observers in 
the General Council nor in other WTO bodies.  Acco rdingly, she proposed that, unless an objection 
was received by the Secretariat from any Member by 7 December 2005, this organization be granted 
observer status at the Hong Kong Ministerial.  Sinc e there would not be an occasion to revert to this 
request in the General Council prior to the Minister ial Conference, she would inform delegations in a 
written communication as to the situation regarding this request after the deadline of 7 December. 
 The General Council took note of the statement and agreed to the Chairman's proposal.
9 
                                                      
9 On 7 December, the Chairman no tified Members that a reservation having been received by the 
Secretariat on behalf of a group of Me mbers within this deadline, there was no consensus at this stage to grant 
the request from the Andean Deve lopment Corporation (WT/GC/104).  WT/GC/101 
 Page 23 
 
 
 (d) Attendance of an observer from the Palestinian Authority (WT/GC/M/100) 
 At the General Council meeti ng on 1, 2 and 6 December 2005
, the Chairman drew attention to 
a request for observer status at the Hong Kong Mini sterial Conference from the PLO on behalf of the 
Palestinian Authority (WT/L/631), and proposed that the General Council agree to grant this request. 
 
 The General Council so agreed.   (e) Attendance of non-governmental organizations (WT/GC/M/95) 
 At the General Council meeting on 26 May 2005
, the Chairman proposed, with regard to 
attendance of non-governmental or ganizations (NGOs) at the Sixth Ministerial Conference, that 
Members adopt similar criteria to those which had been adopted by the General Council for the five 
previous Ministerial Conferences.  Following this practice, NGOs that wished to attend the Sixth 
Ministerial Conference would be requested to s upply, in detail, all the necessary information 
indicating how they were concerned with matters related to those of the WTO.  The large and growing 
number of NGOs with WTO-related activities ha d made the registration procedure for WTO 
Ministerial Conferences more and more burdensome.  In order to facilitate the registration process for 
NGOs and the WTO Secretariat – and following simi lar arrangements agreed by the General Council 
for Cancún – she proposed that the detailed presentati on of activities be waived for those NGOs who 
were duly registered for at least two previous Mini sterial Conferences, and that registration for them 
be granted automatically.  NGOs that qualified for this waiver would still be obliged to officially 
request registration and would be subject to all other procedures and deadlines that applied to NGOs 
requesting to attend the Sixth Ministerial Conferen ce.  Concerning deadlines, she suggested that all 
NGOs be invited to submit their requests for regist ration not later than 29 July 2005.  Registration 
forms would be available by 31 August to all N GOs that fulfilled the registration criteria.  The 
registration forms should be duly completed by 30 Se ptember.  Based on the information provided, the 
Secretariat would process a list of registered NGOs.  She proposed that in line with past practice, this 
list be circulated to all Members for informati on during the course of October.  Confirmation of 
registration would then be sent to the NGOs as from mid-October.  She proposed that Members agree to follow the procedure she had outlined in order to  allow sufficient time for the NGOs to be informed 
and to make the necessary arrangements for their attendance at the Sixth Ministerial Conference.  
 The General Council took note of the statement and so agreed.
10 
 (f) Statements by the Chairman (WT/GC/M/97, 98) 
 At the General Council mee ting on 27 and 29 July 2005
, the Chairman made a statement on 
her assessment of the state-of-play in the negotia tions, the full text of which was subsequently 
circulated in document WT/GC/95. 
 The General Council took note of the statement.  At the General Council meeting on 19 October 2005
, the Chairman informed delegations of 
consultations she, in close co-operation with the Director-General as TNC Chair, had recently started 
with delegations – in particular the coordinators  of regional and other WTO groupings – as well as 
with Chairs of relevant WTO bodies to begin thi nking collectively about the nature and content of 
texts to be put to Ministers in areas of the Doha  Work Programme not under the remit of the TNC, 
with the aim of developing convergence on these texts in a "bottom-up" approach before Hong Kong.  
The full text of the statement was subseque ntly circulated in document JOB (05)/254. 
                                                      
10 The agreed procedure was subsequently ci rculated in document WT/MIN(05)/INF/6. WT/GC/101 
Page 24  
 
 The General Council took note of the statement.  (g) Administrative Arrangements (WT/GC/M/100) 
 At the General Council meeting on 1, 2 and 6 December 2005
, the Chairman informed 
delegations about arrangements for mee tings at the Ministerial Conference.11  Regarding arrangements 
for plenary meetings, a Proposed Order of Busin ess for these meetings had been circulated in 
WT/MIN(05)/3, providing an outline of how work in the plenary meetings was proposed to be 
organized.  Also, an Information Note on the delivery of statements and the distribution of the texts of statements had been circulated in WT/MIN(05)/INF/11.  With regard to statements to be made at the Opening Session on 13 December, she informed the General Council that the UN Secretary General, 
who had been scheduled to attend and to speak, wo uld be unable to do so.  Regarding arrangements 
for informal consultative meetings that would be organized throughout the conference by the 
Chairman of the Ministerial Conference, the latte r had already advised delegations at the present 
meeting regarding the designation of a number of Mini sters to assist him as Facilitators in the conduct 
of the substantive proceedings, and their areas of responsibility.
12  He had also indicated to her that he 
intended to advise all delegations about the overall organization of the informal process as early as 
possible.  In broad terms, the informal consu ltative process at Hong Kong would mirror the Geneva 
preparatory process – in order to ensure both transp arency and a sense of continuity – and would be 
centred on open-ended informal meet ings of all Heads-of-Delegations .  Delegations would be kept 
informed of these meetings through every means pos sible at the Conference centre.  Building on the 
practice at the Doha and Cancún Ministerials, on each day of the Conference, an hour in the morning 
and an hour in the afternoon would be set asi de during which no informal meetings would be 
scheduled.  The purpose of this was to allow de legations time to consult among themselves and in 
regional groupings as necessary.  The Chairman of the Ministerial Conference would provide greater details subsequently on the scheduling and organiza tion of all meetings in this informal process. 
 
 The General Council took note of the statement. 
 (h) Draft Ministerial Text – Statement by the Chairman (WT/GC/M/100) 
 At its meeting on 1, 2 and 6 December 2005
, the General Council considered a revised draft 
Ministerial text circulated by the Chairman a nd the Director-General which incorporated views 
expressed by Members in their consultations and in  recent Heads of Delegation and TNC meetings 
(JOB(05)/298/Rev.1).13  At the Chairman's suggestion, the revised draft Ministerial text was taken up 
together with a report by the Chairman of the Trad e Negotiations Committee (referred to in Point 1(a) 
above), and the discussion is reflected accordingly in  this Report and in the Minutes of the meeting. 
  The Director-General, as Chairman of th e Trade Negotiations Committee, reported on the 
most recent meeting of the TNC on 30 November  as well as on two informal meetings, on 3 and 
10 November.  In conjunction with the Chair of  the General Council, two informal Heads of 
Delegation meetings on 26 Novemb er and 28 November had also been convened to present and 
discuss the first draft Ministerial Text (Job(05) /298).  The TNC on 30 November had provided an 
opportunity for delegations to hear from Negotiati ng Group Chairs on work in their respective areas 
before a revised draft text was submitted to the Ge neral Council for consideration, and for delegations 
to place their views and comments on record.  He  and the General Council Chair had intensified 
consultations over the past few days with the aim of collectively improving the quality of the work to 
be presented to Ministers, resulting in the revised text.  He then described the basis on which the 
revised draft had been produced and the main focus of  work in the revision.   Consultations had also 
                                                     
 
11 The statement was subsequently circul ated as document JOB(05)/313.   
12 The statement by the Chairman of the Minister ial Conference was subsequently circulated as 
document JOB(05)/317.   
13 A first overall draft text was circulated on 26 November as JOB(05)/298.  WT/GC/101 
 Page 25 
 
 
been held on the formulation of a number of basic questions in key areas that might be useful to the 
Ministers, which he read out.  He and the Council Chair intended to convey the questions to the Chair 
of the Ministerial Conference, to use as appropriate, as part of a letter early the following week, which would be copied to all Members, along with the draft Text.  The letter would, inter alia , make clear 
that significant differences persisted among Members in various areas of the text.   
 
 The Director-General then reported on his work  on implementation, on which he had reported 
in detail to the TNC.  The situation had clearly not evolved significantly since July.  Therefore, with 
the aim of ensuring that Members could fulfil the commitment undertaken at Doha, paragraph 33 of 
the revised draft Ministerial text proposed continui ng this process and reiterated the instructions given 
in July 2004 to all relevant bodies to find appropriate solutions as a priority.  Members would need 
both flexibility and creativity in their appr oaches in order to respect their mandate. 
  The Chairman, presenting the revised draft text for consideration, noted that it had incorporated amendments made in light of the vi ews expressed in consultations and in the recent 
Heads of Delegation and TNC meeti ngs.  She and the Director-General , and all delega tions, had been 
fully committed to a "bottom-up" approach and the re vision had been undertaken in full respect of this 
principle with the aim of developing a workable basi s to focus the deliberation of Ministers in Hong 
Kong.  The text, which remained a draft, was a faith ful reflection of the curre nt situation which no one 
was completely satisfied with.  It neverthel ess reflected substantial progress overall since the 
July 2004 Framework, and she and the Director-General  could only urge all to further work on it at 
Hong Kong with a view to improving on it.  
    The representatives of Brazil for the G-20, Japan, Paraguay for the Informal Group of 
Developing Countries, Canada, India, European Communities, Argentina, Egypt for the African 
Group, Bolivarian Republic of Venezuela, Switzer land, Chinese Taipei, Mauritius for the ACP Group, 
Bolivia, United States, Moldova, Indonesia for th e G-33, Cuba, Philippines, Kenya, Thailand, 
Rwanda, Jamaica, Tanzania, Nigeria, Ecuador, Ug anda, Benin, Zimbabwe, Uruguay, Nepal, Solomon 
Islands, Nicaragua, Pakistan, Zambia and Korea spoke.   The Chairman said it was her sense from the discussion that delegati ons generally believed 
the text had been taken as far as it could in Geneva .  She and the Director-General would faithfully 
convey the substance of the cover note to the text to the Conference Chairman.  One change 
nevertheless appeared necessary at that stage, name ly, to harmonize the status of the Services Annex 
as clarified in the cover note with the relevant wo rding in paragraph 21, and there appeared to be a 
convergence among the membership to do so.  In c oncrete terms, this w ould mean bracketing the 
following words in paragraph 21of the text:  "and  the objectives, approaches and timelines set out in 
Annex C to this document".
14 
  The representatives of the European Comm unities, Chinese Taipei and Korea, and the 
Director-General and the Chairman spoke.   The General Council took note of the statements  and agreed to transmit the draft text in 
document JOB(05)/298/Rev.1, with the amendment in paragraph 21 bracketing the words "and the 
objectives, approaches and timelines set out in Annex C to this document", for consideration by the 
Sixth Session of the Ministerial Conference.
15 
                                                      
14 An earlier change, suggested by the Director-Gen eral in his statement, concerned the removal of 
square brackets around the second sentence in paragraph 53 on Accessions to reflect  the completion of Tonga's 
accession negotiations, and adjusting the number of th e ongoing accessions accordingly to 29 in the second 
following sentence. 
15 On 6 December, in connection with  the discussion reflected in Poin t 1(c) above, the General Council 
agreed that an amendment to paragraph 34 also be included in the draft text to be transmitted to Ministers at the 
Sixth Session.  The draft text, with these am endments, was circulated as WT/MIN(05)/W/3. WT/GC/101 
Page 26  
 
 
10. Commodities (WT/GC/M/98) 
 At the General Council meeting on 19 October 2005
, the representative of Uganda (also on 
behalf of Côte d'Ivoire, Kenya, Rwanda, Tanzania  and Zimbabwe) said that their countries had tabled 
two papers on the issue of commodities, and wished to see this issue feature in the preparations for 
Hong Kong and in the report to Ministers.  Outlin ing three areas relating to trade in commodities 
identified by these countries on which work should focus, he indicated their keenness to have 
Ministers in Hong Kong provide a clear mandate on these issues.    The General Council took note of the statement. 
 
11. Digital archiving and derestriction of GATT official documents (WT/GC/M/98) 
 At the General Council meeting on 19 October 2005
, the Chairman read out a statement on 
the request and behalf of the Director-General regarding the digital preservation of GATT official documents and the question of GATT official documen ts that still remained restricted, and suggested 
that the General Council revert to these issues early in the new year when all Members would have the 
opportunity to discuss them further.   The General Council took note of the statement.  
12. Appointment of the next Director-General (WT/GC/M/91, 95) 
 In October 2004, the Chairman informed Me mbers in a communication that in accordance 
with the Procedures for the Appointment of Dir ectors-General adopted by  the General Council in 
December 2002 (WT/L/509), the process for appointme nt of the next Director-General would begin 
on 1 December 2004. Members would have until 31  December 2004 to nominate candidates who 
would have until 31 March 2005 to make themselves known to Memb ers and to engage in discussions 
on the pertinent issues facing the organization.  Al so, as early as possible after the close of the one-
month nomination period, candidates were to be invi ted to meet with Members at a formal General 
Council meeting at which they would be invited to make a brief presentation, including their vision for 
the WTO, to be followed by a question-and-answer pe riod.  In keeping with the Procedures, a decision 
on the appointment of a new Director-General woul d have to be taken not later than 31 May 2005. 
 
 At the General Council meeting on 26 January 2005
, pursuant to paragraph 14 of the 
Procedures in WT/L/509, Members met formally with each of the four candidates nominated for the post of the next Director-General
16, on the basis of modalities for the conduct of the meeting 
communicated in a fax to all delegations on 18 January and recalled by the Chairman at the beginning of the meeting.  
 
 At the General Council meeting on 26 May 2005
, the Chairman recalled that in keeping with 
the Procedures for the Appointment of Directors- General adopted in December 2002 (WT/L/509), the 
process for the appointment of the next Director-G eneral had been started on 1 December 2004 with a 
notification from the General Council Chair to the membership.  Following the close of the one-month 
nomination period on 31 December 2004, the four ca ndidates nominated had been invited to meet 
with Members at a formal General Council meeti ng held on 26 January 2005 (WT/GC/M/91).  In 
keeping with the Procedures, they had also been a llowed a three-month period, i.e. until 31 March, to 
make themselves known to Members and to engage in discussions on the pertinent issues facing the 
organization.  Subsequently, following an informal  meeting of Heads of Delegation on 31 March at 
                                                      
16 The candidatures received, in the order in which th ey were received, were as follows:  Mr. Carlos 
Pérez del Castillo (Uruguay), Mr. Jaya  Krishna Cuttaree (Mauritius), Mr. Luiz  Felipe de Seixas Corrêa (Brazil) 
and Mr. Pascal Lamy (France).   WT/GC/101 
 Page 27 
 
 
which she had announced arrangements for the further process, as well as the start of the consultation 
process stipulated in the Procedures, she and her co lleagues in this exercise – Mr. Glenne (Norway), 
Chair of the Dispute Settlement Body, and Mr. Stephenson (Canada), Chair of the Trade Policy 
Review Body, acting as Facilitators – had conducte d three successive rounds of consultations with 
Members starting on 4 April.  In accordance with  the process outlined on 31 March and the 2002 
Procedures, she and the Facilitators had reported b ack to the membership at informal Heads of 
Delegation meetings at each successive stage of th e consultation process.  Her statements at each of 
these informal HODs meetings – on 31 March, 14 and 29 April, and 13 May – had been circulated to 
Members in documents JOB(05)/49, 56, 69 and 81, r espectively.  Pursuant to paragraph 19 of the 
2002 Procedures, she had announced to Members at  an informal HODs meeting on 13 May, the 
recommendation of the Facilitators and herself th at at that Council meeting Members appoint 
Mr. Pascal Lamy as the next Director-General of the WTO following the expiry of Dr. Supachai's 
term of office on 31 August 2005.  She accordingl y recommended formally that the General Council 
agree to appoint Mr. Lamy as the next Director-Gener al of the WTO for a period of four years as from 
1 September 2005.   
 
 The General Council so agreed.   The representatives of France, European Communities, Rwanda (also on behalf of the African Group), Tunisia (on behalf of the Arab Group), Japan, Argentina (on behalf of GRULAC), Zambia (on behalf of the LDCs), Benin (on behalf of the ACP Group), Korea, Senegal, Pakistan, 
Singapore (on behalf of the ASEAN Members), Costa Rica, Chinese Taipei, Kyrgyz Republic, 
Mauritania and Croatia (on behalf of the C EFTA-plus countries), and the Chairman spoke. 
  The General Council took note of the statements.  13. Accession Matters 
(a) Afghanistan (WT/GC/M/100) 
 At its meeting on 1, 2 and 6 December 2005
, the Chairman informed the General Council that 
Mr. De Jong (Netherlands) had agreed to chair the Working Party.   The General Council took note of this information. 
 
(b) Iran (WT/GC/M/92, 95) 
 A communication from Iran requesting accession to the WTO Agreement (WT/ACC/IRN/1) 
was first considered by the General Council in Ma y 2001 at the request of Egypt on behalf of the 
Informal Group of Developing Countries, and taken up  at each regular meeting of the General Council 
since then.   
  At its meeting on 15 February 2005
, the General Council again considered this matter. 
  The representatives of the United States, Pa raguay (on behalf of the Informal Group of 
Developing Countries), Venezuela, Turkey, Pakist an, Malaysia, Indonesia, China, Cuba, Oman, 
European Communities, Singapore, India, Djibouti,  Norway, Switzerland, Uruguay, Chile and New 
Zealand spoke.  
The Chairman said he trusted that in view of th e many statements at the present meeting, his 
successor as Council Chair would take this matter up in  consultations with dele gations before the next 
General Council meeting. 
 The General Council took note of the statements. WT/GC/101 
Page 28  
 
  At its meeting on 26 May 2005
, the General Council again considered this matter. 
  The Chairman, reporting on further consultations  she had held recently with all delegations 
who had spoken on this subject at previous Coun cil meetings, as well as others who had expressed an 
interest in attending, said that there now appear ed to be a consensus in favour of establishing a 
working party to examine Iran's request.  With this  in mind, she proposed for Members' consideration 
that the General Council agree to establish a worki ng party, with standard terms of reference and 
composition that she read out.  
 The General Council so agreed. 
  The Chairman then invited the representative of Iran to consult with the Accessions Division 
of the Secretariat as to further procedures, in par ticular with regard to the basic documentation to be 
considered by the Working Party.  She also invite d Iran, on behalf of the Ge neral Council, to attend 
meetings of the General Council and, as appropria te, meetings of other WTO bodies as an observer 
during the period when the Working Party was carrying out its work.   The representatives of Iran (a s an observer) and Paraguay (on behalf of the Informal Group of 
Developing Countries), and the Chairman spoke.  
 The General Council took note of the statements. 
 (c) Montenegro (WT/GC/M/92, 95) 
 At its meeting on 15 February 2005
, the General Council considered a communication from 
the Republic of Montenegro in document WT/ACC/CG R/1 concerning its interest in acceding to the 
WTO Agreement pursuant to Article XII.  The Ch airman made a statement in connection with 
Montenegro's status as a separate customs territory, and said that consultations carried out by the 
Secretariat on his behalf indicated broad acceptanc e among the membership of the decision of the 
Government of Montenegro to apply for accession pu rsuant to Article XII of the WTO Agreement.  
The support for Montenegro's application was based on the understanding that the conditions 
stipulated in Article XII would be adhered to during the accession process, and that the Republic of 
Montenegro would be fully responsible for the implementation of obligations arising from accession 
to the WTO.  As the current constitutional structur e of Serbia and Montenegro granted international 
personality to the State Union Serbia and Montenegro , it was also understood that for the purposes of 
accession to the WTO, the Republic of Montenegro would be considered a separate customs territory.  Accordingly, he proposed that the General Council ag ree to establish a working party to examine the 
request with standard terms of referen ce and composition, which he read out. 
  The General Council agreed to establish a Work ing Party with the terms of reference and 
composition as read out by the Chairman.    The Chairman then invited the representative of Montenegro to consult with the Accessions 
Division of the Secretariat as to further procedures,  and in particular with regard to the basic 
documentation to be considered by the Working Party.   He also invited Montenegro, on behalf of the 
General Council, to attend meetings  of the General Council and, as appropriate, meetings of other 
WTO bodies as an observer during the period in whic h the Working Party was carrying out its work. 
 
 The representatives of Montenegro (as an ob server), the European Communities and Croatia 
(on behalf of the informal group of CEFTA-plus countries) spoke. 
  The General Council took note of the statements.   WT/GC/101 
 Page 29 
 
 
 At its meeting on 26 May 2005, the Chairman informed the General Council that following 
consultations with Members and the authorities of Montenegro, and in accordance with usual WTO practice, the nomination of Mr. Gosnar (Slovenia) as Chairman of the Working Party on the Accession 
of Montenegro had been proposed.  
 The General Council took note of this information. 
 (d) Sao Tome and Principe (WT/GC/M/95) 
 At its meeting on 26 May 2005
, the General Council considered a communication from Sao 
Tome and Principe (WT/ACC/STP/1) concerning its  interest in acceding to the WTO Agreement 
pursuant to Article XII. 
  The representatives of Sao Tome and Principe  (as an observer), Angola, Chinese Taipei, 
Brazil, Rwanda (on behalf of the African Group), Benin (on behalf of the ACP Group), Zambia (on 
behalf of the LDCs) spoke. 
 
 The Chairman proposed that the General C ouncil take note of the statements and of the 
expressions of welcome and support, and agree to establish a working party with standard terms of 
reference and composition which she read out.   The General Council so agreed. 
 
 The Chairman then invited the representative of  Sao Tome and Principe to consult with the 
Accessions Division of the Secretariat as to further pr ocedures, in particular with regard to the basic 
documentation to be considered by the Working Party.    
 The General Council took note of the statement. 
 (e) Saudi Arabia (WT/GC/M/99) 
 In July 1993, the GATT 1947 Council established a working party to examine Saudi Arabia's 
request for accession to the General Agreement on Tariffs and Trade (GATT 1947).  Subsequently, 
having regard to the decision regarding request s for WTO accession adopted by the WTO General 
Council on 31 January 1995
17, the GATT 1947 Accession Working Party was transformed into a 
WTO Accession Working Party.   At its meeting on 11 November 2005
, the General Council considered the Report of the 
Working Party on the Accession of Saudi Ar abia (WT/ACC/SAU/61 and Add.1 and 2).  
 
 The Chairman of the Working Party spoke.   The General Council approved the text of th e Protocol of Accession of Saudi Arabia 
(WT/L/627) and, in accordance with the Decision-Making Procedures under Articles IX and XII of the WTO Agreement agreed in November 1995 (W T/L/93), adopted the Decision on the Accession of 
Saudi Arabia (WT/L/627).  The General Council then adopted the Report of the Working Party as a 
whole (WT/ACC/SAU/61 and Add.1 and Add.2).   The Chairman and the Direct or-General spoke, following whic h the representatives of Saudi 
Arabia (as an observer), Jordan (on behalf of th e Arab Group), China, Bahrain, Australia, Djibouti, 
European Communities, Argentina (on behalf of the GRULAC), Egypt (on behalf of the African 
Group), Japan, India, Korea, Pakistan, Tunisia,  Chinese Taipei, Morocco, Norway, United States, 
                                                     
 
17 See WT/GC/M/1, Item 4(g). WT/GC/101 
Page 30  
 
Dominican Republic, Paraguay (on behalf of the In formal Group of Developing Countries), Thailand 
(on behalf of the ASEAN Members), Burkina F aso, Senegal, Cuba, Mauritania, Bangladesh and 
Jamaica spoke.  The representative of Canada also wished to be placed on record as welcoming and 
supporting the accession of Saudi Arabia.  
 The General Council took note of the statem ents and of the expressions of welcome and 
support.  (f) Serbia and Montenegro (WT/GC/M/92) 
 In February 2001, the General Council est ablished a Working Party to examine the 
application for WTO accession from the Federal Repub lic of Yugoslavia.  In February 2004 – 
following the promulgation and adoption of the Cons titutional Charter of Serbia and Montenegro in 
2003, through which the name of the State of th e Federal Republic of Yugoslavia was changed to 
"Serbia and Montenegro" – the Working Party wa s renamed the Working Party on the Accession of 
Serbia and Montenegro. 
 
 At the General Council m eeting on 15 February 2005
, the Chairman drew attention to the 
communications from the State Union Serbia and M ontenegro (WT/ACC/SCG/3 and Add.1) in which 
the Government of the Republic of Serbia and the Government of the Republic of Montenegro 
informed Members that they had now decided to apply individually and separately for accession to the 
WTO.  At the level of the State Union, the Council of Ministers of Serbia and Montenegro had taken 
note of the decisions of the two Governments, and confirmed that the Republic of Serbia and the 
Republic of Montenegro possessed full autonomy in  the conduct of their external commercial 
relations.  In the light of the i ndividual applications for WTO membership, the Council of Ministers of 
Serbia and Montenegro had requested that the application lodged by the Federal Republic of 
Yugoslavia in 2001 be considered withdrawn. 
 
 The Chairman proposed that the General C ouncil take note of the communications from the 
State Union Serbia and Montenegro in document WT/ACC/SCG/3 and Add.1, and agree to dissolve 
the Working Party on the Accession of Serbia  and Montenegro with immediate effect. 
  The General Council took note of the statement and so agreed. 
 
(g) Serbia (WT/GC/M/92, 95) 
 At its meeting on 15 February 2005
, the General Council considered a communication from 
the Republic of Serbia in document WT/ACC/SRB/1 concerning its interest in acceding to the WTO 
Agreement pursuant to Article XII.  The Chairman ma de a statement in connection with Serbia's status 
as a separate customs territory, and said that consulta tions carried out by the Secretariat on his behalf 
indicated broad acceptance among the membership of the decision of the Government of Serbia to 
apply for accession pursuant to Article XII of th e WTO Agreement.  The support for Serbia's 
application was based on the understanding that the conditions stipulated in Article XII would be 
adhered to during the accession process, and that the Re public of Serbia would be fully responsible for 
the implementation of obligations arising from acce ssion to the WTO.  As the current constitutional 
structure of Serbia and Montenegro granted intern ational personality to the State Union Serbia and 
Montenegro, it was also understood that for the pur poses of accession to the WTO, the Republic of 
Serbia would be considered a sepa rate customs territory.  Accordingly, he proposed that the General 
Council agree to establish a working party to examine the request with standard terms of reference and 
composition, which he read out. 
 
 The General Council agreed to establish a Work ing Party with the terms of reference and 
composition as read out by the Chairman.    WT/GC/101 
 Page 31 
 
 
 The Chairman then invited the representativ e of Serbia to consult with the Accessions 
Division of the Secretariat as to further procedures,  and in particular with regard to the basic 
documentation to be considered by the Working Part y.  He also invited Serbia, on behalf of the 
General Council, to attend meetings  of the General Council and, as appropriate, meetings of other 
WTO bodies as an observer during the period in whic h the Working Party was carrying out its work. 
 
 The representatives of Serbia (as an observe r), the European Communities and Croatia (on 
behalf of the informal group of CEFTA-plus countries) spoke.   The General Council took note of the statements. 
 
 At its meeting on 26 May 
2005, the Chairman informed the General Council that following 
consultations with Members and the authorities of Serbia, and in accordance with usual WTO practice, the nomination of Mr. R oux (Belgium) as Chairman of the Working Party on the Accession 
of Serbia had been proposed. 
 
 The General Council took note of this information.  (h) Viet Nam (WT/GC/M/92) 
 In January 1995, the General Council establishe d a Working Party to examine the request of 
Viet Nam for accession to the WTO Agreement. 
 
 At its meeting on 15 February 2005
, the Chairman informed the General Council that 
following informal consultations, and in accordance w ith usual WTO practice, it had been agreed that 
Mr. Eirik Glenne (Norway) would replace Mr. Seung  Ho (Korea), the outgoing Chair of the Working 
Party.  He then paid tribute to Mr. Seung Ho for the latter's long service in ch airing this Working Party 
since its establishment. 
  The General Council took note of this information.  
14. International Trade Centre UNCTAD/WTO (WT/GC/M/95) 
 At its meeting on 26 May 2005
, the General Council considered a report of the Joint Advisory 
Group of the International Trade Centre UNCTAD/WTO on its Thirty-Eighth Session 
(ITC/AG(XXXVIII)/204).   The Chairman recalled that, in keeping with  customary practice, this report had been 
considered initially by the Committee on Trade and Development at its meeting on 11 May. 
 
 The Chairman of the Committee on Trade and Development reported on the Committee's 
consideration of the report of the Joint Advisory Group.   The representatives of Switzerland, Pakistan, Djibouti, El Salvador, Canada, Costa Rica, Benin (on behalf of the ACP Group), Guatemala, Mexico, Rwanda, Kyrgyz Republic, Egypt, Zambia, 
Jamaica, Cuba and Mauritania, and the Chairman spoke. 
  The General Council took note of the statements and adopted the report of the Joint Advisory 
Group in document ITC/AG(XXXVIII)/204.  WT/GC/101 
Page 32  
 
15. Waivers 
(a) Albania – Request for a waiver to extend the staging period of implementation for a number 
of products (WT/GC/M/95) 
 At the General Council meeting on 26 May 2005
, the Chairman drew attention to a request 
from Albania for a waiver to extend the staging period of implementation for a number of products, 
and to the draft Decision in documents G/C/W/507 and Corr.1.   
  In the absence of the Chairman of the Council for Trade in Goods, and at the latter's request 
and behalf, the Chairman reported on the consid eration of this request by that Council. 
 
 The General Council took note of the report a nd, in accordance with the Decision-Making 
Procedures under Articles IX and XII of the WTO Agreement agreed in November 1995 (WT/L/93), 
adopted the Decision (WT/L/610).  (b) Introduction of Harmonized System 1996 Changes into WTO Schedules of Tariff 
Concessions 
(i) Argentina, Malaysia and Panama (WT/GC/M/97) 
 At its meeting on 27 and 29 July 2005
, the General Council considered requests for waivers 
from Argentina (G/L/735/Rev.1), Malaysia (G/L/734 ) and Panama (G/L/736) for the introduction of 
Harmonized System 1996 changes into schedules of ta riff concession, and related draft decisions in 
documents G/C/W/514/Rev.1, 512 and 515, respectively. 
 
 In the absence of the Chairman of the Council for Trade in Goods, and at the latter's request 
and behalf, the Chairman reported on the cons ideration of these requests by that Council. 
  The General Council took note of the report a nd, in accordance with the Decision-Making 
Procedures under Articles IX and XII of the WTO Agreement agreed in November 1995 (WT/L/93), 
adopted the Decisions (WT/L/618 – Argentina, WT/L/619 – Malaysia and WT/L/620 – Panama). 
 
(ii) Israel (WT/GC/M/100) 
 At its meeting on 1, 2 and 6 December 2005
, the General Council considered a request for a 
waiver from Israel (G/L/744) for the introduction of Harmonized System 1996 changes into its WTO 
schedule of tariff concessions, and a related draft decision in document G/C/W/528. 
  The Chairman of the Council for Trade in Goods reported on the consideration of this request 
by that Council.  
 The General Council took note of the report a nd, in accordance with the Decision-Making 
Procedures under Articles IX and XII of the WTO Agreement agreed in November 1995 (WT/L/93), 
adopted the Decision (WT/L/639).  (c) Introduction of Harmonized System 2002 Changes into WTO Schedules of Tariff 
Concessions (WT/GC/M/100) 
 At its meeting on 1, 2 and 6 December 2005
, the General Council considered a draft decision 
(G/C/W/533) to waive obligations under Article II of GATT 1994 for a number of Members with 
regard to the introduction of HS2002 changes into WTO schedules of tariff concessions.   WT/GC/101 
 Page 33 
 
 
 The Chairman of the Council for Trade in G oods reported on the consideration of the draft 
decision by that Council.   The General Council took note of the report a nd, in accordance with the Decision-Making 
Procedures under Articles IX and XII of the WTO Agreement agreed in November 1995 (WT/L/93), 
adopted the Decision (WT/L/638). 
 (d) United States – Requests for waivers for Afri can Growth and Opportunity Act, Caribbean 
Basin Economic Recovery Act and Andean  Trade Preference Act (WT/GC/M/97) 
 At the General Council meeti ng on 27 and 29 July 2005
, the Chairman read out a statement, at 
the request and behalf of the Chairman of the C ouncil for Trade in Goods, regarding the consideration 
in that Council of requests for waivers from the Unite d States with regard to the African Growth and 
Opportunity Act (G/C/W/509 and Add.1), the Caribb ean Basin Economic Recovery Act, as amended 
(G/C/W/508 and Add.1), and the Andean Trade Pref erence Act, as amended (G/C/W/510 and Add.1). 
 
 In the light of that statement, and a request  by the Goods Council as reflected therein, the 
Chairman proposed that the General Council ag ree to allow the Goods Council to continue 
consideration of the three requests from the United States and to report back to the General Council 
once it had completed this work.   The General Council took note of the statement and so agreed. 
 
(e) Review of waivers pursuant to Article IX:4  of the WTO Agreement (WT/GC/M/97, 100) 
 Under Article IX:4 of the WTO Agreement "[a]ny  waiver granted for a period of more than 
one year shall be reviewed by the Ministerial Confer ence not later than one year after it is granted, and 
thereafter annually until the waiver terminates." 
 
 At its meeting on 27 and 29 July 2005
, the General Council considered the following waivers 
for review under Article IX:4:  
(i) LDCs – Article 70.9 of the TRIPS Agreement with respect to pharmaceutical products 
(WT/L/478); 
 
(ii) Preferential Tariff Treatment for Least-Developed Countries (WT/L/304);  (ii) Kimberley Process Certification Scheme for Rough Diamonds (WT/L/518). 
 
The Chairman recalled, with regard to the wa iver in sub-item (i) for LDCs under the TRIPS 
Agreement, that in connection with the approval of  this draft waiver at the meeting of the TRIPS 
Council in June 2002, the Chairman of the TRIPS Council had noted that it was understood, in regard 
to the review foreseen in paragraph 2 of that waiv er, that the exceptional circumstances justifying the 
waiver would continue to exist for least-devel oped country Members until its expiry date of 
1 January 2016. 
 The General Council took note of the Chairman 's statement, and that the General Council 
would revert to the review of multi-year waiver s under Article IX:4 of the WTO Agreement at its 
meeting in December.   At its meeting on 1, 2 and 6 December 2005
, the General Council considered the following 
waivers for review under Article IX:4: 
 
(i) United States – Caribbean Basin Economic Recovery Act  (WT/L/104) WT/GC/101 
Page 34  
 
 (ii) Canada – CARIBCAN (WT/L/185)  (iii) United States – Former Trust Territory of the Pacific Islands (WT/L/183)  (iv) EC – Autonomous preferential treatment  to the countries of the Western Balkans 
(WT/L/380) 
 (v) EC – Transitional regime for the EC  autonomous tariff rate quotas on imports of 
bananas (WT/L/437) 
 (vi) EC – The ACP-EC Partnership Agreement (WT/L/436)  (vii) Cuba – Article XV:6 of GATT 1994 (WT/L/440)   
 In so doing, the General Council considered  reports on the implementation of the waivers 
submitted by Canada (WT/L/634), Cu ba (WT/L/630), European Co mmunities (WT/L/635 and 636) 
and the United States (WT/L/632 and 633).   The representative of Cuba spoke.  
 The General Council took note of the statem ent and of reports contained in documents 
WT/L/630 and WT/L/632 through 636.  
16. WTO Pension Plan  
(a) Management Board of the WTO Pension Plan (WT/GC/M/95) 
 Article 4 of the Regulations of the WTO Pension Plan (WT/L/282) provides for the 
establishment of a Management Board comprising, inter alia , a Chairman, four members and four 
alternates elected by the General Council, each for a three-year term.   At its meeting on 26 May 2005
, the Chairman informed the General Council that the term of 
office of the current membership of the Management Board expired in July 2005.  Following 
consultations held on this matter, she proposed that  the General Council agree to the election of the 
candidates whose names had been submitted to Members in document WT/GC/W/544 to serve in 
these positions on the Board for a three-year term.   The General Council agreed to the election of the individuals in WT/GC/W/544 to the Management Board of the WTO Pension Plan for a three-year term. 
 
(b) Annual Report (WT/GC/M/100) 
 At its meeting on 1, 2 and 6 December 2005
, the General Council considered an Annual 
Report of the Management Board of the WTO Pension Plan for 2004 (WT/L/628).  
 A Member of the WTO Pension Plan Ma nagement Board introduced the report. 
   The General Council took note of the statemen t and of the Annual Report of the Management 
Board for 2004 in WT/L/628.  (c) Amendments to the Regulations and Administrative Rules of the Pension Plan 
(WT/GC/M/100) 
 At its meeting on 1, 2 and 6 December 2005
, the General Council considered 
recommendations from the Management Board of the Pension Plan for amendments to the 
Regulations and Administrative Rules of the Pensi on Plan following a recent review of procedures 
governing the treatment of requests for determina tion of total and partial disability (WT/GC/W/522). 
  WT/GC/101 
 Page 35 
 
 
 A Member of the WTO Pension Plan Mana gement Board introduced the amendments 
proposed by the Board.   The General Council took note of the statement,  adopted the draft amendments to the WTO 
Pension Plan Regulations, and took not e of the amendments to the Administrative Rules as set out in 
Annexes 1 and 2 of WT/GC/W/552. 
 
17. Appointment of Officers to WTO bodies (WT/GC/M/92, 100) 
 At the General Council m eeting on 15 February 2005
, the Chairman said that in accordance 
with the Guidelines for appointment of officers to WTO bodies approved by the General Council in 
December 2002 (WT/L/510), he and his colleague, Mrs. Mohamed (Kenya), the serving Chair of the 
Dispute Settlement Body, had conduc ted consultations with delegati ons on a slate of names for the 
appointment of Chairs to the bodies listed in Groups 1,  2, 4 and 5 in the Annex to the Guidelines.  As 
he had announced at the December 2004 General C ouncil meeting, since the three working groups on 
the Singapore issues were inactive at the present time, they had not consulted regarding their 
chairpersons.  On the basis of these consultations, he  informed delegations that there was a consensus 
on the following slate of names:  
General Council  Ms. Amina Chawahir MOHAMED (Kenya) 
Dispute Settlement Body 
 Mr. Eirik GLENNE (Norway) 
Trade Policy Review Body 
 Mr. Don STEPHENSON (Canada) 
Council for Trade in Goods 
 Mr. Vesa Tapani HIMANEN (Finland) 
Council for Trade in Services 
 Ms. Claudia URIBE (Colombia) 
Council for TRIPS 
 Mr. CHOI Hyuck (Korea) 
Committee on Trade and  
  Environment 
 Mr. Shree Baboo Chekitan SERVANSING (Mauritius) 
Committee on Trade and 
  Development  Mr. Gomi THARAKA SENADHIRA (Sri Lanka) 
Committee on Balance-of- 
  Payments Restrictions 
 Mr. Víctor ECHEVARRÍA UGARTE (Spain) 
Committee on Regional Trade  
  Agreements  Mr. Ronald SABORÍO SOTO (Costa Rica) 
Committee on Budget, Finance  
  and Administration 
 Mr. Jan-Meinte POSTMA (Netherlands) 
Working Group on Trade and  
  Transfer of Technology  Mr. Manuel Antonio J. TEEHANKEE (Philippines) 
Working Group on Trade, Debt and  
  Finance Mr. KWERONDA-RUHEMBA (Uganda) 
 WT/GC/101 
Page 36  
 
 The General Council took note of the statement and of the consensus on the slate of names for the appointment of officers.   The Chairman of the Council for Trade in Se rvices and the Chairman (on behalf of the 
Chairman for Trade in Goods) spoke. 
 
 The General Council took note of the statements.   At the General Council meeti ng on 1, 2 and 6 December 2005
, the Chairman announced, 
pursuant to the Guidelines for Appointment of O fficers to WTO Bodies agreed in December 2002 
(WT/L/510), that she would be starting the selection process for the appointment of chairpersons to 
the bodies outlined in Groups 1, 2, 4 and 5 of th e Annex to the Guidelines.  In accordance with 
Paragraph 7.1(b) of the Guidelines, she would be assisted in the selection process by the serving 
Chairperson of the Dispute Settlement Body, Mr. Glenne (Norway).  In keeping with 
paragraph 7.1(d), she and Mr. Glenne would communicate, as early as possible, a specified time-
period in which they would be available to hear the views and suggestions of Members, individually 
and/or in groups.  As provided for in Paragraph 7.1( c) of the Guidelines, the Secretariat distributed to 
delegations in the meeting Room a list of past Chairs of major bodies in order to provide some 
structure for Members' subsequent deliberations on the possible distribution of chairs based on past 
practice and the need for balance.  
With regard to Chairmanships of bodies under the TNC, the Chairman recalled that at its first 
meeting in 2002, the TNC had endorsed certain princi ples and practices to guide its work, including 
that the Chairman of the General Council woul d consult on the chairmanships of the bodies 
established by the TNC.  At the February 2004 Coun cil meeting, on the basis of consultations carried 
out by the General Council Chair, Members had ta ken note of a consensus on a slate of names for 
Chairmanships of bodies under the TNC and had invited the Chairs to serve until the Sixth Session of 
the Ministerial Conference.  A similar term of offi ce had been agreed for th e Chair of the Negotiating 
Group on Trade Facilitation established in the August  2004 Decision of the General Council.  Since 
the term of office of these Chairpersons would come  to an end after the Hong Kong Ministerial, she 
and Mr. Glenne would also take up the question of these appointments in their consultations prior to 
the February 2006 General Council.  In the meantime , and keeping in mind the need for maintaining 
continuity in the process, she propo sed that these Chairpersons be requ ested to continue in office until 
the Council meeting in February.   The General Council to take note of the statement.  18. Chairmanship of the Special Session of the Committee on Agriculture and the Sub-
Committee on Cotton (WT/GC/M/97
18) 
 At the General Council m eeting on 27 and 29 July 2005 , the Chairman recalled that at the 
May Council meeting, under the agenda item on th e report by the Chairman of the TNC, she had 
referred to a communication from New Zealand informing her and the membership as a whole that Mr. Groser had stepped down as New Zealand Permanent Representative with effect from 
23 May following his decision to become a candidate fo r election to his country's legislature.  At that 
meeting, she had welcomed the offer of the New Zealand Government to supply the necessary 
resources to enable Mr. Groser to continue to ca rry out his functions as Chair of the Agriculture 
Committee in Special Session and the Cotton Sub-Co mmittee until the summer break.  She had stated 
that, concerning the position after July, it would be necessary for the membership to reflect on what 
was in the best interests of the negotiating process as Members approached the Hong Kong 
Ministerial, and that she would be ready to conduc t consultations as necessary.  On the basis of this 
background, and the consultations  she had conducted, she informed Members that the name of 
                                                     
 
18 Some discussion relating to this matter is also carried under Point 1(a) above.  WT/GC/101 
 Page 37 
 
 
Mr. Crawford Falconer (New Zealand) had emerged as  a consensus candidate to replace Mr. Groser as 
Chairman of the Committee on Agri culture in Special Session and of the Sub-Committee on Cotton as 
from 1 August.   The General Council took note of this information. 
 
19. Review of WTO Activities (WT/GC/M/100) 
 At its meeting on 1, 2 and 6 December 2005
, the General Council cons idered annual reports 
for 2005 from WTO bodies that had been drawn up in pursuance of the Decision concerning 
procedures for an annual overview of WTO activiti es and for reporting under the WTO (WT/L/105).   
 
 The Chairman spoke.   The General Council took note of the statement, adopted the report of the Committee on Trade and Development (WT/COMTD/55), and took note of the reports of the other WTO bodies, 
including the reports of the bodies under the Plurilateral Trade Agreements, in documents 
WT/DSB/39 and Add.1, WT/TPR/173, G/L/763 , S/C/24, IP/C/38 and Add.1, WT/CTE/12, 
WT/BOP/R/81, WT/BFA/81, WT/REG/15, WT/WGTDF/4, WT/WGTTT/7, GPA/85 and WT/L/629.  The General Council also took note that these reports  would be forwarded to the Sixth Session of the 
Ministerial Conference.  
 The General Council then adopted the draf t annual report for 2005 of the General Council 
(WT/GC/W/554 and Corr.1), on the understanding that the Secret ariat would make the necessary 
adjustments to it so as to include matters consider ed at that meeting.  The report would then be 
circulated and also forwarded to the Sixth Session.  20. Election of Chairperson (WT/GC/M/92) 
 At the General Council m eeting on 15 February 2005
, the Chairman, as the outgoing 
presiding officer of the General Council, made a brief statement.   The General Council then unanimously elected Ms. A. Mohamed (Kenya) to the Chair.  
 The representatives of Rwanda (on behalf of th e African Group), Nigeria,  Zambia (on behalf 
of the LDCs ), Benin (on behalf of the ACP count ries), Argentina (on behalf of GRULAC), Morocco, 
Singapore (on behalf of the ASEAN Members), Ke nya, Barbados (on behalf of the CARICOM 
Group), India, Djibouti, Egypt, Jamaica, Honduras, Senegal, Tanzania (also on behalf of Uganda), 
Oman and Cuba, and the Director-General and the newly-elected Chairman spoke. 
 
 The General Council took note of the statements.  
__________