. /.  WORLD TRADE  
ORGANIZATION  RESTRICTED 
TN/RL/M/41 
18 May 2011  
 
(11-2510) 
Negotiating Group on Rules  
  
 
SUMMARY REPORT OF THE MEETING  
HELD ON 14 APRIL 2011 
 
Note by the Secretariat 
 
 
1. The Negotiating Group on Rules ("the Group") held a formal meeting on 14 April 2011. 
A. ADOPTION OF THE AGENDA  
2. The Group adopted the following agenda: 
A.  ADOPTION OF THE AGENDA  ......................................................................................................... 1  
B.  REPORT BY THE CHAIRMAN ON THE STATUS AND FOLLOW -UP OF THE NEGOTIATIONS  .............. 1  
C.  OTHER BUSINESS  ......................................................................................................................... 2  
 
B. REPORT BY THE CHAIRMAN ON THE STATUS AND FOLLOW -UP OF THE NEGOTIATIONS  
3. The Chairman informed that he had held a seri es of informal consultations on the day before 
the meeting, on a bilateral basis with a selected num ber of delegations and later collectively with the 
group of Participants that attended these informal c onsultations.  He then reported on the results of 
these consultations.  Bilaterally, he had touched upon the more contentious issues the Group was 
facing both with respect to the Transparency Mech anism as well as the proposal by the Plurinational 
State of Bolivia.  Once more, positions on these issu es remain entrenched.  On  the collective meeting, 
he had focused discussion on the TM's more procedur al, less contentious issues.  Progress on some 
elements had been achieved, and a new, revised te xt was available in the room.  Some additional 
precisions in particular had been proposed as rega rds timelines.  New language concerning Section H, 
"Application of the Transparency Mechanism", had been  further explored;  given that this first debate 
had raised a number of new questions and further cons iderations in capitals might be required, he had 
decided for the time being to leave the text of this Section as it stood in the previous version.  Some new language had also been in particular sugg ested regarding section I on "Reappraisal of the 
Mechanism".  Collectively, he had also invited co mments regarding the proposal by the Plurinational 
State of Bolivia.  Some questions have been posed  by Members, to which the sponsor has responded.  
However, here also, no progress had been achieved.   
4. He had also noted at the meeting, and he woul d repeat the same comment in the Group, that 
given the current stage of negotiations, he would invite Members to take note of the announcement by 
the Chair of the TNC on 8 April, that on 21 Apr il, Negotiating Group Chairs would be circulating 
documents representing the product of the work in  the Negotiating Groups.  He did not intend to 
discuss what was meant by "document" as this was the "intellectual property" of the Chair of the 
TNC.  Members were well aware of, and he would hope concerned, about the current situation in 
these negotiations.  With respect to systemic issu es, these issues were not moving and therefore, 
considering that negotiations were in bottom-up m ode, no basis existed for the Chair to circulate 
anything other than a report.  On the review of the Transparency Mechanism, the Group had achieved TN/RL/M/41 
Page 2  
 
  some degree of progress and of course, that would be  reflected as part of the product of the Group.  
This was not a happy situation but was the situ ation Members had created.  All shared in the 
responsibility for this current state of affairs.  That  situation was however not ideal and, in his view, 
not sustainable.  The Chairman wi shed to make clear that he did not wish to launch a negotiation on 
any aspect of the Chair's report, which would, in accordance with standing practice, be prepared under 
his own responsibility and was therefore strictly a matter of his sole prerogative.   
5. The Chairman invited delegations to scan the updated revision of the draft Transparency 
Mechanism text to ensure that it adequately and accurately reflected  Member's proposals, suggestions 
and concerns, bearing in mind that this should reflect the full contribution as a product of the 
Membership.  Noting that it might be the desire of  some delegations to consult capitals, he proposed 
that Members reverted to the Secretariat no later th an 12 noon of the following day with any further 
suggestions and/or concerns they might  have concerning the updated draft. 
6. One Participant requested that the new draft text be also circulated electronically to facilitate 
its dissemination;  the Chairman confirmed that that would be done.  Anot her delegation requested 
that additional time be provided for reviewing the draft text.  The Chairman noted that the timing 
could be stretched a little bit, but that Chairmen were under the requirement to submit texts by the 15, 
and thus the time-frame could not go over to next week .  He suggested that consultations with capitals 
take place with all due dispatch so that some feedback could be provided by noon of the following day.  The Chairman thanked dele gations for their understanding. 
C. 
OTHER BUSINESS  
7. The Chairman stated that with regard to the schedule of meetings, he had previously 
announced small group consultations on 20 April.  However, given recent developments, most 
notably the distribution of documents on 21 April to be followed by an informal TNC on 29 April, he 
believed it would be prudent to reschedule those c onsultations for a later date.  He was currently 
exploring possible dates for other meetings, both fo rmal and informal and would revert to the Group 
as soon as possible.   
__________