RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/COMTD/M/74 
23 June 2009 
 
 (09-3063) 
Committee on Trade and Development 
Seventy-Fourth Session  
 
 
 
NOTE ON THE MEETING OF 11 MAY 2009 
 
Chairman:  H.E. Mr. Shree B.C. Servansing (Mauritius) 
  
A.
 ADOPTION OF THE AGENDA .........................................................................................................2  
B. OBSERVERS ............................................................................................................................... ...2 
(i) Request for attendance of ad hoc observers ...............................................................................2  
(ii) Further consideration of the requests for observer status by the League of Arab 
States, the Organization of the Petroleum Exporting Countries (OPEC), the Gulf 
Organization for Industrial Consulting, the Organisation Internationale de la 
Francophonie, the Common Fund for Commodities, the Organization of Arab Petroleum Exporting Countries (OAPEC) and th e Groupe de la Banque Africaine de 
Développement.................................................................................................................. ..........2
 
C. REPORT OF THE 42ND SESSION OF THE JOINT ADVISORY GROUP ON THE 
INTERNATIONAL TRADE CENTRE UNCTAD /WTO (ITC/AG(XLII)/225)...........................................2  
D. NOTIFICATIONS UNDER THE ENABLING CLAUSE .........................................................................4  
(i) Communications on the Generalized Syst em of Preferences scheme of Norway 
(WT/COMTD/65 and Add.1 to Add.3) ........................................................................................4  
(ii) Generalized System of Preferences, 200 9-2011 – notificati on by the European 
Communities (WT/COMTD/N/4/Add.4)......................................................................................5  
(iii) Gulf Cooperation Council (GCC) notification of Customs Union (WT/REG222/N/1 
and Corr.1, WT/COMTD/N/25, WT/C OMTD/66 and Add.1 to Add.3) ......................................5  
E. DECISION ON TRANSPARENCY FOR PREFERENTIAL TRADE ARRANGEMENTS 
(WT/L/672)..................................................................................................................... ............6  
F. REVIEW OF STEPS T AKEN TO PROVIDE DUTY -FREE AND QUOTA -FREE MARKET ACCESS 
TO LEAST -DEVELOPED COUNTRIES .............................................................................................7  
G. TECHNICAL COOPERATION AND TRAINING ..................................................................................8  
(i) Annual Report on Technical Assistance and Training, 1 January to 31 December 
2008 (WT/COMTD/W/168).........................................................................................................8  
(ii) Technical Cooperation Audit Report for 2008 ...........................................................................8  
H. OTHER BUSINESS .........................................................................................................................8  
 WT/COMTD/M/74 
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  A. 
ADOPTION OF THE AGENDA  
1. The Chairman  said that the draft agenda for the 74th Session of the Committee on Trade and 
Development (CTD) was contained in document WTO/AIR/3348 issued on 14 April 2009.  He drew 
Members' attention to the two reports concerni ng technical cooperation a nd training under agenda 
item G, namely the 2008 Annual Report on Technical  Assistance and Training, and the Technical 
Cooperation Audit Report for 2008.  He informed th e Committee that the Audit Report had not been 
issued yet.  While the document would be issued s hortly, he proposed that  the Committee postpone its 
discussion of both reports until the next CTD meeting.  This was in light of the desirability of having 
the reports considered together.  There would, th erefore, be no discussion under agenda item G at the 
present meeting.   
2. The agenda was adopted  as amended. 
B. OBSERVERS  
(i) Request for attendance of ad hoc observers 
3. The Chairman  recalled that, at previous sessions of the CTD, Members had agreed to invite a 
number of intergovernmental organizations on an ad  hoc, meeting-by-meeting basis.  These included 
the Arab Maghreb Union (AMU), the Economic Co mmunity of West African States (ECOWAS), the 
Economic Cooperation Organization (ECO), the Inte r-Arab Investment Guarantee Corporation, the 
Islamic Development Bank (IDB), the African Union (AU), the Organization of the Islamic Conference (OIC), the South Centre, the Pacific Islands Forum, the United Nations Environment 
Programme (UNEP), the West African Economic and Monetary Union (WAEMU) and the World 
Intellectual Property Organization (WIPO).  He said th at, following the decision taken at the previous 
meeting of the Committee, the organizations had be en invited to the present meeting.  He proposed 
that the organizations be invited to the next formal meeting of the CTD. 
4. It was so agreed
. 
(ii) Further consideration of the requests for observer status by the League of Arab States, the 
Organization of the Petroleum Exporting Countries (OPEC), the Gulf Organization for 
Industrial Consulting, the Organisation Int ernationale de la Francophonie, the Common 
Fund for Commodities, the Organization of Arab Petroleum Exporting Countries (OAPEC) and the Groupe de la Banque Africaine de Développement 
5. The Chairman
 said that at previous meetings, the Committee had had before it a number of 
requests for observer status.  He said that if there was no change in positions to extend observer status 
to any of those applicants, then the Committee would take note and would revert to those requests at 
the next meeting. 
6. It was so agreed . 
C. REPORT OF THE 42ND SESSION OF THE JOINT ADVISORY GROUP ON THE INTERNATIONAL TRADE 
CENTRE UNCTAD /WTO (ITC/AG(XLII)/225) 
7. The Chairman  said that the report of the 42nd session of the Joint Advisory Group (JAG) on 
the International Trade Centre UNCTAD/WT O (ITC) was contained in ITC document 
ITC/AG(XLII)/225.  He welcomed Ambassador Em ina Keco-Isakovic of Bosnia and Herzegovina, 
the Chairperson of the 42nd session of the JAG, and Mr. Stephen Browne, the Deputy Executive 
Director of the ITC.  He invited Ambass ador Keco-Isakovic to introduce the report.   WT/COMTD/M/74 
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  8. The Chairperson of the JAG  said that JAG had held its 42nd Session on 10 and 
11 December 2008.  The Group had been convened to discuss the ITC’s Annual Report for 2007 and 
the preliminary Annual Report for 2008;  the Cons olidated Programme Document for 2009;  the 
ITC’s Strategic Plan for 2009 to 2012;  and the ITC Strategic Framework.  The Group had also 
discussed proposals for ITC governance.  In their ope ning statements, the Director-General of the 
WTO and the Secretary General of the United Nations Conference on Trade and Development 
(UNCTAD) had expressed their full support to the ITC.  They had commended the manner in which 
the ITC had engaged in the Aid-for-Trade initiative,  and had cited several examples of strengthened 
cooperation between the WTO, UNCTAD and the ITC.   In her statement to the Group, the Executive 
Director of the ITC had described 2008 as a year in which the ITC had re-focused its mandate, 
remodelled its technical offering around five busi ness lines, and re-structured the organization to 
reconfirm its capacity-building focus.  The Executive Director had also indicated that the ITC would 
scale up its global public goods in 2009 and concentrate efforts on those who needed assistance most, 
particularly the LDCs.  At the same time, the organization would seek to improve the impact of existing projects and mainstream sustainable develo pment into projects and programmes.  Finally, the 
Executive Director had welcomed to the meeti ng the winners of the 2008 World Trade Promotion 
Organization Awards. 
9. The JAG Chairperson continued by saying that the Group had provided the ITC with useful 
guidance on the organization's annual programme of work.  The Group had expressed strong support 
for the ITC, and had acknowledged the impact of the organization's capacity-building work.  The ITC was recognized as a "100 per cent Aid for Trade" orga nization, and its role in helping the private 
sector was re-affirmed.  The Group endorsed the C onsolidated Programme Document for 2009, the 
Strategic Plan for 2009 to 2012 and the Strategic Framework.  On governance, it had been decided 
that the Consultative Committee would remain the ove rsight body for voluntary contributions to the 
ITC Trust Fund, while the JAG would remain the policy-making organ of the ITC.  
10. She informed the Committee that a panel on Trade for the Millennium Development Goals 
had additionally been convened to examine issues of  poverty, gender and environment as they relate 
to trade.  By showing the diversity of actors and their specific needs and expectations for trade-related 
technical assistance along the different stages of the export value chain, the panel and the subsequent 
break-out sessions had demonstrated the ITC’s appro ach to "Export Impact for Good".  Finally, she 
mentioned that government representatives had announced  voluntary contributions to the ITC.  In this 
regard, she thanked China, Denmark, Finland, Germany, the Netherlands, New Zealand, Norway, 
Sweden, and the United Kingdom. 
11. The representative of Mexico
 referred to the discussions that had taken place on the 
establishment of an Advisory Board for the ITC.  She said that while Mexico had sent in a proposal 
within the stipulated deadline re garding the composition of the Board, the proposal did not appear to 
have been appropriately reflected in the repor t.  Mexico had subsequently sent in other 
communications on the same matter.  She inquired whether Mexico's proposal would be given due 
attention.   
12. The Deputy Executive Director of the ITC  said that the JAG report was structured to reflect 
consensus.  There was, therefore, little reference to the interventions or positions of individual 
delegations.  Some exceptions were , however, made.  In this regard, he pointed to the section in the 
report concerning governance, where the proposal by Mexico had been referred to.  He said that the 
ITC had responded to Mexico verbally and in writing.  While it had not been possible to agree on an 
alternative governance structure at the JAG meeting,  he indicated that informal discussions could 
continue on this matter betw een JAG sessions.  Finally, he said that those statements made at the JAG 
meeting which had been sent to the ITC had been put on the organization's website.   WT/COMTD/M/74 
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  13. The Committee took note
 of the report of the 42nd Session of the JAG and forwarded  it to the 
General Council for adoption.   
D. NOTIFICATIONS UNDER THE ENABLING CLAUSE  
14. The Chairman  said that he wished to provide Members with an update on the regional trade 
agreements (RTAs) notified under the Enabling Clau se that were to be considered in the CTD's 
Dedicated Sessions on RTAs.  The Pakistan-Sri Lanka Agreement would be considered at the CTD's 
2nd Dedicated Session, which was scheduled to be held back-to-back with the July 2009 Regular 
Session of the CTD.  The Factual Presentation on the Pakistan-Sri Lanka Agreement had been circulated as document WT/COMTD/RTA/2/1 on 21 April 2009.  In a fax dated 22 April, Members 
had been invited to submit to the Secretariat an y written questions on the Agreement by 19 May – 
within a four-week period.  The Pakistan-Malay sia Agreement would be considered at the 3
rd 
Dedicated Session in September 2009.  This Dedica ted Session would be held back-to-back with a 
meeting of the Committee on Regional Trade Agreements  (CRTA).  With regard to the preparation of 
the Factual Presentation on the Pakistan-Malaysia Agre ement, he said that the Secretariat had sent out 
the draft Factual Presentation to the Parties on 20 April,  for comments by 18 May.  As there were still 
many remaining questions in the draft, including ga ps in data, he urged the Parties to meet this 
deadline for comment so that the Factual Presentation c ould be circulated by 6 July at the latest.  The 
Chile-India Agreement was to be considered at the CTD's 4th Dedicated Session, which was 
tentatively scheduled to be held  back-to-back with the last Re gular CTD meeting of 2009.  The 
Secretariat was currently waiting to receive the nec essary data from the Parties, which was expected 
to be provided by 4 June at the latest.  
15. He also recalled that the Committee had agreed at  its last meeting to c onsider RTAs involving 
non-WTO Members using the same procedures used  by the CRTA, which were based on the 
provisions of the Transparency Mechanism (TM) for RTAs. He said that there were three RTAs 
involving non-WTO Members that had already been notified under the Enabling Clause and that would need to be considered using these proced ures.  These were the South Asian Free Trade 
Agreement (SAFTA), the India-Bhutan Agreement and the Pacific Island Countries Trade Agreement 
(PICTA).  With regard to the consideration of  these Agreements in the CTD, he informed the 
Committee that letters had been sent out to all the Parties involved, requesting data by 
10 August 2009.  It was envisaged that the three Agreements could be considered in a Dedicated 
Session of the CTD in May 2010.  He indicated th at further updates on RTAs to be considered in 
Dedicated Sessions of the CTD would be provided to the Committee as necessary. 
(i) Communications on the Generalized Syst em of Preferences scheme of Norway 
(WT/COMTD/65  and Add.1 to Add.3 ) 
16. The Chairman  recalled that Norway had made a notification at the 69th Session of the CTD 
concerning its Generalized System of Preferences (GSP) scheme.  Two sets of questions from Brazil on the scheme had been circulated in documen ts WT/COMTD/65 and WT/COMTD/65/Add.2.  
Responses to Brazil's questions were circulated by Norway in documents WT/COMTD/65/Add.1 and 
Add.3.  It had been agreed at the last CTD meeti ng that this item would remain on the agenda for the 
present meeting. 
17. The representative of Brazil
 said that his delegation had been engaging in bilateral 
consultations with Norway on this matter, in the context of which a frank and valuable exchange had 
taken place.  The information provided by Norway ha d been submitted to his capital.  In this regard, 
he indicated that his delegation would appreciate having the opportunity to present to the Committee 
its conclusions once a final analysis was completed.  WT/COMTD/M/74 
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  18. The Chairman  proposed that the Committee take note of  the intervention by Brazil.  This item 
would remain on the agenda for the next CTD meeting.   
19. It was so agreed . 
(ii) Generalized System of Preferences, 2009-2011  – notification by the European Communities 
(WT/COMTD/N/4/Add.4 ) 
20. The Chairman  recalled that the EC had notified its GSP scheme for the years 2009 to 2011 at 
the last meeting.  The notification could be found in document WT/COMTD/N/4/Add.4.  It had been agreed that this item would remain on the agenda for the present meeting. 
21. No Member took the floor under this item. 
22. The Committee took note
 of the EC's notification of its GSP scheme for the years 2009 
to 2011.  
(iii) Gulf Cooperation Council ( GCC) notification of Customs Union ( WT/REG222/N/1  and Corr.1 , 
WT/COMTD/N/25 , WT/COMTD/66  and Add.1 to Add.3) 
23. The Chairman  recalled that this item had appeared on the agenda of the last CTD meeting.  It 
had been agreed that the item would remain on the agenda for the present meeting.  He said that he 
had held a brief informal meeting with some Memb ers after the last CTD meeting.  He had been 
informed that consultations between the concerned delegations were taking place.  
24. The representative of Oman, on behalf of the GCC countries , said that this issue had been the 
subject of extended discussion in both the CTD and the CRTA.  The GCC wished to respond to some 
of the points that had been raised.  He said that the TM for RTAs provided clearly that it was the right 
of the Parties to an RTA to determine the basis for notification.  He recalled in particular paragraph 4 
of the TM, which stipulated that, in notifying their RTA, the Parties would specify under which 
provision or provisions of the WTO agreements it was being notified.  The GCC welcomed the US' 
recognition at the last CTD meeting that agreements entered into under paragraph 2(c) of the Enabling 
Clause could be notified to the CTD.  The GCC, of c ourse, fully agreed.  The US had also stated that 
notifying an agreement to the CTD was appropria te only where the agreement could reasonably be 
said to qualify as an Enabling Clause agreement.  The GCC countries sim ilarly welcomed this 
statement, as their customs union did indeed qua lify as an Enabling Clause agreement, for reasons 
discussed at length during prior meetings. 
25. He said that the GCC countries had not broken their tariff bindings under GATT Article II, as 
had been alleged by some Members.  The relevant  authorities had checked th e accuracy of the data 
provided and had found out that the GCC countries were not in violation of their WTO tariff binding 
schedules.  He noted that the GCC Customs Uni on had been notified to the CTD under the Enabling 
Clause and that, under the TM for RTAs, the CTD should fulfil its mandate to examine an agreement that had been duly notified to it.  The Factual Presentation necessary for the review of the GCC Customs Union needed to be prepared.  He info rmed Members that the GCC had held informal 
bilateral consultations with the EC and the US and was still considering their proposal along with 
other available options. The GCC hoped to hold furthe r consultations with interested delegations soon 
in order to reach a satisfactory solution.  He i ndicated that this item should remain on the CTD's 
agenda until an acceptable solution was found.   
26. The representative of the United States
, recalling previous discussions in the CTD and in the 
CRTA, said that her delegation remained concerne d about Saudi Arabia’s notification of the GCC 
Customs Union under the Enabling Clause.  The Un ited States had made very clear that it had no WT/COMTD/M/74 
Page 6  
 
  quarrel with any developing country notifying a qualifying agreement under the Enabling Clause.  
However, unless and until Members prescribed criter ia for the elimination of non-tariff measures 
under paragraph 2(c) of the Enabling Clause, GAT T Article XXIV provided the only avenue for 
notifying and examining any customs union.  The no tification and examination of customs unions was 
specifically provided for in Article XXIV.  She sai d that her delegation had had some constructive, 
preliminary, bilateral consultations  with the GCC countries on this issue, and was currently awaiting a 
response from the GCC on a proposal that had been discussed.  The US looked forward to this issue 
being resolved as soon as possible. 
27. The representative of Qatar
 supported the intervention by Oman.  He said that the GCC 
countries had not broken their tariff bindings under GA TT Article II, as had been alleged by some 
Members.  The GCC Customs Union qualified squarely as an Enabling Clause agreement. 
28. The representative of Saudi Arabia  associated his delegation with the intervention by Oman.  
He emphasized that Saudi Arabia was in full co mpliance with its WTO commitments concerning its 
tariff bindings.  He also noted that the GCC countries had been holding consultations with the EC and the US.  The GCC intended to continue discussing a ll viable proposals with interested delegations 
until an acceptable solution could be found which would allow the preparation of the Factual 
Presentation on the GCC Customs Union and the review of the agreement by Members. 
29. The representative of Bahrain
 expressed his support for the intervention by Oman. 
30. The representative of Egypt  said that his delegation underst ood that some customs unions had 
been previously notified under the Enabling Clause.  He observed that it would be useful if the 
Secretariat could provide relevant information on these customs unions. 
31. The representative of th e European Communities  said that his delegation looked forward to 
continuing the informal discussions on this matter. 
32. The representative of Jordan  supported the intervention by Oman.  He expressed his hope that 
an acceptable solution could be found soon. 
33. The representative of Nigeria  noted that consultations betw een the concerned delegations 
were taking place.  He looked forward to an early resolution of the matter. 
34. The representative of Kuwait  associated his delegation with  the intervention by Oman.  
35. The Chairman  proposed that the Committee take note of all interventions.  He urged the 
concerned delegations to continue their informal consultations with a view to finding a solution as 
soon as possible.  He suggested that any solution found could be discussed at the level of the Committee.  The item would, therefor e, remain on the CTD's agenda.   
36. It was so agreed
. 
E. DECISION ON TRANSPARENCY FOR PREFERENTIAL TRADE ARRANGEMENTS (WT/L/672 ) 
37. The Chairman  said that the 14 December 2006 Gene ral Council Decision on "Transparency 
for Preferential Trade Arrangements" – contai ned in document WT/L/672 – invited the CTD to 
consider transparency for preferential arrangement s under paragraph 2 of the Enabling Clause – other 
than RTAs – and report back within six months fo r appropriate action by th e General Council.  The 
Council had since extended the deadline to its July 2009 meeting.  WT/COMTD/M/74 
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  38. He recalled that he had mentioned at the last  CTD meeting that the proponents of a TM for 
PTAs – Brazil, China, India and the US – were in  the process of revising their draft proposal.  He 
understood in this regard that the proponents had been cons ulting with some delegations since the last 
meeting.  He said that his intention remained to call an informal, open-ended meeting to consider the 
revised proposal shortly after its circulation to Member s.  As he had indicated earlier, he also wanted 
the Secretariat's "mock" Factual Presentation of a PTA, based on the GSP scheme of the 
United States, to be considered at that informal meeting.  He reminded Members that he would need to report to the General Council on this matter in  July 2009, and expressed his hope that the CTD 
would have come to a decision by then.  He said th at he would continue to work with Members, and 
would also open the matter up for discussion once again at the next formal meeting of the CTD.  The 
item would, therefore, remain on the CTD's agenda. 
39. It was so agreed
. 
F. REVIEW OF STEPS T AKEN TO PROVIDE DUTY -FREE AND QUOTA -FREE MARKET ACCESS TO 
LEAST -DEVELOPED COUNTRIES  
40. The Chairman  said that an item concerning the Hong Kong Decision on duty-free and 
quota-free (DFQF) market access for LDCs had been on the CTD's agenda since early 2006.  Under 
this item, delegations had provided information on the steps they we re taking, or had already taken, to 
provide DFQF market access to LDCs.  Written co mmunications by some Members had also been 
considered.  He recalled that the CTD had to date undertaken three of its mandated annual reviews of 
the implementation of the Hong Kong Decision.   
41. The representative of India  recalled that Members had been informed, at an earlier meeting, 
of India's announcement of its Duty Free Tariff Preference (DFTP) Scheme for LDCs on the occasion 
of the India-Africa Forum Summit in New Delhi on 8 April 2008.  The reason for the choice of that 
forum was that 33 of the 49 LDCs were from Africa.  He said that, in order to avail of the benefits 
under this scheme, individual LDCs needed to submit a letter of intent to the Government of India.  In 
addition, the beneficiary country was required to submit a certificate of origin along with each 
consignment in order to enjoy tariff preferences. He informed the Committee that as of April 2009, 
16 LDCs – Benin, Burkina Faso, Cambodia, Eritrea, Ethiopia, Gambia, Lao PDR, Madagascar, Malawi, Mozambique, Myanmar, Rwanda, Samoa, Sudan, Tanzania and Uganda – had submitted 
letters of intent.  Fifteen of them – excluding Sudan – had already been notified as beneficiary 
countries through a customs notification issued by th e Department of Revenue.  However, only seven 
– Benin, Cambodia, Ethiopia, Lao PDR, Malawi, Myanmar and Tanzania – had submitted details of 
the agencies which would be responsible for issu ing certificates of origin, as required under the 
scheme.  His delegation encouraged the remaining LDCs to utilize the DFTP scheme at the earliest 
and to their fullest advantage. 
42. The representative of the European Communities
 expressed appreciation for India's DFTP 
scheme.  He noted that the administrative proce dures relating to the scheme were relatively simple, 
and encouraged all LDCs to take the n ecessary steps to become beneficiaries.   
43. The Committee took note  of all interventions. WT/COMTD/M/74 
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  G. 
TECHNICAL COOPERATION AND TRAINING  
(i) Annual Report on Technical Assistance and Training, 1 January to 31 December 2008 
(WT/COMTD/W/168 ) 
(ii) Technical Cooperation Audit Report for 2008  
44. As had been agreed at the beginning of the m eeting, no discussion took place under this item.   
H. OTHER BUSINESS  
45. No matter was raised under "Other Business".   
46. The meeting was adjourned . 
 
 
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