WORLD TRADE  
ORGANIZATION  WT/GC/121 
24 November 2009 
 (09-5900) 
  
  
GENERAL COUNCIL 
 
Annual Report (2009)
1 
   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.
2 
  In carrying out its tasks, the General Council has held six meetings since the period covered 
by the previous report.  The minutes of these me etings, which remain the record of the General 
Council's work, are contained in  documents WT/GC/M/118 – 123.
3 
  The following subjects are included in the report:  
1.
 Work under the Doha Work Programme...............................................................................3  
(a) Trade Negotiations Committee – Reports...................................................................................3  
(b) Work Programme on Small Economies – Reports .....................................................................4  
(c) Aid for Trade .................................................................................................................. ............6  
(d) Follow-up to the 1 August 2004 Genera l Council Decision and the Hong Kong 
Ministerial Declaration on the Doha Work Programme – Report by the Director-General on the developmen t assistance aspects of cotton ............................................6
 
2. Non-recognition of rights under Article XXIV:6 and Article XXVIII of GATT 
1994 – Communications from Honduras and Guatemala.....................................................7  
3. Review of the Exemption Provided under Paragraph 3 of GATT 1994 ..............................8  
4. Transparency for Preferent ial Trade Arrangements ............................................................9  
5. Committee on Balance-of-Payments Restrictions..................................................................9  
(a) Consultations with Ecuador ..................................................................................................... ...9 
(b) Consultations with Ukraine..................................................................................................... ....9 
(c) Note on meeting of June 2009 ................................................................................................... .9 
6. Committee on Budget, Finance and Administration – Reports and 
recommendations ................................................................................................................ ....10  
7. Accession matters.............................................................................................................. ......10  
(a) Afghanistan.................................................................................................................... ...........10  
                                                      
1 The General Council meeting scheduled to take pl ace on 17 and 18 December 2009 will be reflected 
in an addendum to the present document. 
2 The annual report of the General Council for 2008 was circulated in WT/GC/117. 
3 WT/GC/M/122 and 123 are to be issued. WT/GC/121 
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  (b)
 Iraq........................................................................................................................... .................11  
(c) Lao PDR ........................................................................................................................ ...........11  
(d) Samoa.......................................................................................................................... ..............11  
(e) Bahamas........................................................................................................................ ............11  
(f) Seychelles ..................................................................................................................... ............11  
8. Waivers ........................................................................................................................ ............12  
(a) Introduction of Harmonized System 1996 Changes into WTO Schedules of Tariff 
Concessions – Argentina and Panama ......................................................................................12  
(b) Preferential tariff treatment fo r least-developed countries........................................................12  
(c) Procedures leading to the verification and certification of Harmonized System 1996 
changes relating to the Schedules of 64 Members....................................................................12  
(d) United States – African Growth and Opportunity Act..............................................................13  
(e) United States – Andean Trade Preference Act..........................................................................13  
(f) United States – Caribbean Basi n Economic Recovery Act ......................................................13  
(g) Cape Verde – Implementation of the schedule of concessions.................................................13  
(h) Review of waivers pursuant to Article IX:4 of the WTO Agreement ......................................14  
9. The economic and financial crisis and its repercussions on trade......................................14  
10. Possible further action by Members in  response to the financial crisis .............................15  
11. Netherlands – Seizure of generic medicin es in transit from India to Brazil......................15  
12. Accession of developing countries – St atements by Gabon for the Informal 
Group of Developing Countries.............................................................................................15  
13. Accession of Least Developed Countries – Statement by Cambodia .................................16  
14. United States exports subsidies – Statement by Brazil on behalf of the G-20 ...................16  
15. CWR Building Renovation Project – Statement by the Director-General........................17  
16. Seventh Session of the Ministerial Conference.....................................................................17  
(a) Communication by Uruguay.....................................................................................................17  
(b) Date and venue................................................................................................................. .........17  
(c) Election of officers........................................................................................................... .........18  
(d) Attendance of observers from Government s and international intergovernmental 
organizations.................................................................................................................. ...........18  
(e) Statements by the Chai rman ..................................................................................................... 19 
(f) Strengthening the WTO – Communication fro m Australia, Brazil, Canada, China, 
Hong Kong China, European Communities, I ndia, Japan, Korea, Malaysia, Mauritius, 
Mexico, Norway, South Africa, Switzerland, Turkey, United States and Uruguay .................19  
(g) TRIPS non-violation and situation complaints .........................................................................20  
(h) E-Commerce ..................................................................................................................... ........20  
(i) Request for Observer Stat us by Palestine .................................................................................20  
17. Administrative Measures fo r Members in Arrears .............................................................20   WT/GC/121 
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  18. WTO Pension Plan............................................................................................................... ...22 
(a) Amendments to the Regulations of the Pension Plan ...............................................................22  
(b) Election of Members and Alternates to the Management Board ..............................................22  
(c) Annual Report.................................................................................................................. .........22  
19. International Trade Centre UNCTAD/WTO.......................................................................23  
20. Appointment of the ne xt Director-General ..........................................................................23  
21. Appointment of the Deputy Directors-General – Statement by the Director-
General........................................................................................................................ .............24  
22. Review of WT O activities....................................................................................................... 24 
23. Appointment of offi cers to WTO bodies...............................................................................25  
24. Election of Chairperson........................................................................................................ ..26 
ANNEX .......................................................................................................................... .......................27 
 
1. Work under the Doha Work Programme 
(a) Trade Negotiations Committee – Reports (WT/GC/M/118, 120, 121, 122, 123) 
1. Ministers at Doha established a Trade Negotiations Committee under the authority of the 
General Council to supervise th e overall conduct of the negotiati ons (WT/MIN(01)/DEC/1).  In 
accordance with the Principles and Practices endor sed by the Trade Negotiations Committee at its 
first meeting on 28 January and 1 February 20 02 (TN/C/M/1), the TNC reports to each regular 
meeting of the General Council. 
2. At the General Council m eeting on 3 February 2009 , the Director-General, as Chairman of 
the Trade Negotiations Committee, reported on the TNC' s activities since his last report to the General 
Council.4 
3. The representatives of Switzerland; Egypt (o n behalf of the African Group); Mexico; 
Ecuador; Bolivia; European Communities; Hong K ong, China; Cuba; Japan; Chinese Taipei; Turkey; 
Colombia; Korea; Norway; Brazil; Bolivarian Re public of Venezuela and Costa Rica, and the 
Director-General spoke. 
4. The General Council took note of the Directo r-General's report and of the statements. 
5. At the General Council meeting on 26-27 May 2009 , the Director-General, as Chairman of 
the Trade Negotiations Committee, reported on the TNC' s activities since his last report to the General 
Council.5 
6. The representatives of Gabon (on behalf of th e Informal Group of Developing Countries); 
Cuba; Tanzania (on behalf of the LDCs); Switzer land; Turkey; Egypt (on behalf of the African 
Group); Côte d'Ivoire; Chinese Taipei; Europ ean Communities; Bangladesh; Bolivia; Japan; 
Bolivarian Republic of Venezuela; Barbados (on behalf  of the SVEs); Burkina Faso (on behalf of the 
cosponsors of the Sectoral Initiative in Favour of Cotton); Argentina; India; Ecuador; United States; 
Norway; Dominican Republic; Korea; China; Brazil; Mexico and Australia spoke. 
7. The General Council took note of the Directo r-General's report and of the statements. 
                                                      
4 The Director-General's statement was subsequently circulated as JOB(09)/5. 
5 The Director-General's statement was su bsequently circulated as JOB(09)/47. WT/GC/121 
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  8. At the General Council meeting on 28 July 2009
, the Director-General, as Chairman of the 
Trade Negotiations Committee, reported on the TNC's activities since his last report to the General Council.
6 
9. The representatives of Argentina; Zambia; Mexico; Hong Kong, China; Norway; Gabon (on 
behalf of the Informal Group of Developing Count ries); European Communities; Singapore (on behalf 
of the APEC Members); Chinese Taipei; Tanzania (on behalf of the LDCs); India; El Salvador; 
Burkina Faso (on behalf of the C-4); Guatemala; Cuba; Pakistan; United States; Australia; China; 
Switzerland and Bangladesh spoke. 
10. The General Council took note of the Directo r-General's report and of the statements. 
11. At the General Council meeting on 20 October 2009 , the Director-General, as Chairman of 
the Trade Negotiations Committee, reported on the TNC' s activities since his last report to the General 
Council.7 
12. The representatives of Bangladesh; Colombia; Hong Kong, China; Norway; Chinese Taipei; 
Pakistan; Burkina Faso; Korea; Uruguay; Turkey; Eg ypt (on behalf of the African Group); European 
Communities; Costa Rica and Switzerland spoke. 
13. The General Council took note of the Director  General's report and of the statements. 
14. At the General Council m eeting on 17 November 2009 , the Director-General, as Chairman of 
the Trade Negotiations Committee, reported on the TNC' s activities since his last report to the General 
Council.8 
15. The representatives of Mauritius (on behalf of the ACP Group); Singapore (on behalf of 
APEC Members); Tanzania (on behalf of the LD Cs); Egypt (on behalf of the African Group); 
Colombia; Zambia; Bangladesh and Kenya spoke. 
16. The General Council took note of the Director  General's report and of the statements.  
(b) Work Programme on Small Economies – Reports (WT/GC/M/118, 120, 121, 122, 123) 
17. 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 meeting in February and March 2002, the General Council took note of a 
framework and procedures for the conduct of th e Work Programme on Small Economies, under which 
this Work Programme would be a standing item on the General Council's agenda.  The framework 
and procedures also provided that the Committee on  Trade and Development would report regularly 
to the General Council on the progress of work in its Dedicated Sessions on this subject.  Ministers at 
Hong Kong instructed the CTD, under the overall res ponsibility of the General Council, to continue 
the work in the Dedicated Session and to monito r progress of the small economies' proposals in the 
negotiating and other bodies, with the aim of providi ng responses to the trade-related issues of small 
economies as soon as possible but no later than 31 D ecember 2006.  In December 2006, on the basis 
of a report by the Chair of the CTD in Dedicated Session the General Council took note that Members 
would be pursuing the substantive work under this work programme. 
                                                      
6 The Director-General's statement was su bsequently circulated as JOB(09)/86. 
7 The Director-General's statement was su bsequently circulated as Job(09)/143. 
8 The Director-General's statement was su bsequently circulated as Job(09)/173.  WT/GC/121 
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  18. At the General Council meeting on 3 February 2009 , the Chairman of the Dedicated Session 
of the CTD, reporting on developments in this area since the December Council, said inter alia  that 
following up on the suggestion by proponents of the Wo rk Programme that the Secretariat liaise with 
the Financial Crisis Task Force established by th e Director-General in De cember 2008, consultations 
had begun between the SVE proponents and the Task For ce.  In parallel, the Dedicated Session would 
continue to monitor issues of interest to SVEs  as they developed in the Doha Round and WTO 
committees. 
19. The representative of Barbados (on behalf of the SVEs) spoke. 
20. 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 statement. 
21. At the General Council meeting on 26-27 May 2009 , the previous Chair of the CTD, in the 
absence of the Chairman of the Dedicated Session of  the CTD and on the latter's request and behalf, 
reported inter alia  that since the February Council, the De dicated Session had continued to monitor 
issues of interest to SVEs as they develope d in the Doha Round negotiations and in the WTO 
Committees.  The Secretariat's compilation document with the SVE proposals and their treatment in 
the draft modalities and Chairmen's texts (WT/COMTD/SE/W/22 Rev.3 and Corr.1) would be 
reviewed at the next meeting of the Dedicated Sessi on to be held in July.  The SVE proponents and 
the Secretariat's Financial Crisis Task Force had he ld consultations to mon itor the situation and to 
gather information in order to identify the scope a nd possible repercussions of the economic crisis on 
the SVEs. 
22. The representative of Barbados (on behalf of the SVEs) spoke. 
23. 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 statement. 
24. At the General Council meeting on 28 July 2009,  the Chair of the Dedicated Session of the 
CTD reported that, since the May Council, the De dicated Session had met formally on 15 July 2009 
and had considered an updated version of the Secretariat compilation document 
(WT/COMTD/SE/W/22/Rev.3 and Corr.1) containing all proposals made on the treatment of SVEs in 
the various negotiating groups and other WTO bodies, their reflection in the different draft modalities 
and negotiating texts, and any decisi ons taken thus far on SVE issues.   He had also reported on work 
done to identify the scope and possible repercussions  of the economic crisis on the SVEs, as requested 
by Members in November 2008.  In this re gard, the SVE proponents had communicated their 
concerns to the Secretariat's Economic Crisis Task  Force, which had taken them into consideration 
when preparing the Director-General's monitoring re ports to the TPRB, including the latest one issued 
on 1 July 2009. 
25. The representative of Barbados (on behalf of the SVEs) spoke. 
26. 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 statement. 
27. At the General Council m eeting on 20 October 2009, the Chair of the Dedicated Session of 
the CTD, reporting on developments in this area si nce the July Council, said the Dedicated Session 
had agreed to further update the Secretaria t compilation document (WT/COMTD/SE/W/22).  As 
mandated by Ministers in Hong Kong, it had also adopted its Second Report to the General Council 
(WT/COMTD/SE/6) for its subsequent transmissi on by the Council to the upcoming Ministerial 
Conference. WT/GC/121 
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  28. The representative of Barbados (on behalf of the SVEs) spoke. 
29. 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 statement. 
30. At the General Council m eeting on 17 November 2009
, the Chair of the Dedicated Session of 
the CTD, reporting on developments in this area si nce the October Council, said that a new revision to 
the Secretariat compilation document (WT/COMTD/SE/W/22/Rev.4) had been circulated.   
31. The representatives of Barbados (on behalf of the SVEs); El Salvador and Trinidad and 
Tobago spoke. 
32. 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. 
(c) Aid for Trade (WT/GC/M/121) 
33. At the General Council meeting on 28 July 2009 , the Director-General reported on the Second 
Global Review of Aid for Trade which had taken place on 6-7 July 2009.9 
34. The representatives of Tanzania (on behalf of the LDCs); Japan; Peru; Ecuador; European 
Communities; Brazil; El Salvador; Barbados (on behalf  of SVEs); Trinidad and Tobago (on behalf of 
CARICOM); China; Zambia; Norway and Rwanda spoke. 
35. The General Council took note of the Directo r-General's report and of the statements.  
(d) Follow-up to the 1 August 2004 General Counc il Decision and the Hong Kong Ministerial 
Declaration on the Doha Work Programme – Report by the Director-General on the development assistance aspects of cotton (WT/GC/M/123) 
36. In Paragraph 1.b of the 1 August 2004 Decisi on on the Doha Work Programme (WT/L/579), 
the General Council , inter alia , instructed the Secretariat to con tinue to work with the development 
community and to provide the Council with periodi c reports on relevant de velopments.  The Council 
also instructed the Director-General to consult w ith relevant international organizations, including the 
Bretton Woods Institutions, the Food and Agricultu re Organization and the International Trade 
Centre, to direct effectively existing programmes and any additional resources towards development 
of the economies where cotton has vital importan ce.  Ministers at Hong Kong reaffirmed the 
2004 mandate, deepening and extending it in several respects.  In inviting the Director-General to furnish them with a Third Periodic Report at their next Session, Ministers asked the Director-General 
to provide updates, at appropriate intervals in th e meantime, to the General Council, while keeping the 
Sub-Committee on Cotton fully informed of progress. 
37. At the General Council m eeting on 17 November 2009
, the Director-General, in accordance 
with the decision in paragraph 12 of the Hong K ong Ministerial Declaration, presented his Third 
Periodic Report on the Development Aspects of  Cotton (WT/GC/120 and WT/CFMC/DG/3).  He 
reassured the General Council that he would maintain his reporting functions within the framework of 
the 2005 mandate by Ministers in Hong Kong. 
38. The representatives of Tanzania (on behalf of th e LDCs); Benin (on behalf of Burkina Faso); 
Brazil; European Communities; India; Argentina; Ch ina and Egypt (on behalf of the African Group) 
spoke. 
                                                      
9 The Director-General's statement was su bsequently circulated as JOB(09)/87.  WT/GC/121 
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  39. The General Council took note of the Director-General's report (WT/GC/120 and 
WT/CFMC/DG/3), which would be forwarded to the Ministerial Conference, and of the statements. 
2. Non-recognition of rights under Article XXIV:6 and Article XXVIII of GATT 1994 – 
Communications from Honduras and Guatem ala (WT/GC/M/118, 120, 121, 122, 123) 
40. In December 2004, at the request of H onduras and Guatemala, the General Council 
considered the question of non-recognition of rights for the processes under Articles XXIV:6 and 
XXVIII of GATT 1994 in connection with the enlarg ement of the EC from 15 to 25 members and its 
move to a tariff-only regime on bananas from 1 January 2006.  This matter was subsequently 
considered by the General Council at each regular meeting since then without resolution, and in 
December 2008 the Council agreed to revert to it at its next meeting. 
41. At the General Council meeting on 3 February 2009 , the Chairman, reporting on his recent 
consultations, said that they had proved useful in clarifying both the current state-of-play and its 
ramifications, as well as the steps intended to be taken in the coming weeks towards a resolution to 
the concerns of the delegations involved.  While  disappointed that during his tenure as Chair the 
matter had not been moved further towards a resolu tion, he was encouraged by the spirit of the 
discussion and the clear statements of position.  He  remained hopeful a solution would be found soon, 
and was confident that his successor as Chair would use his good offices to further explore the 
possibilities of such an early resolution.   
42. The representatives of Honduras; Guatemal a; Ecuador; Mexico; Panama; Colombia; 
Paraguay; Costa Rica; Nicaragua; Camer oon and the European Communities spoke. 
43. The General Council took note of the statements and agreed to revert to this matter at its next 
meeting. 
44. At the General Council meeting on 26-27 May 2009 , the Chairman, reporting on his recent 
consultations, said that while there had been little substantive development overall since the February 
Council, the consultations had proved useful in cl arifying both the current state-of-play and its 
ramifications, as well as the steps intended to be taken in the coming weeks towards a resolution to 
the concerns of the delegations involved.  From wh at he had heard in the consultations, he believed 
there was a glimmer of hope that the threshold of  the path towards convergence had been crossed. 
45. The representatives of Honduras; Guatemal a; Ecuador; Panama; Mexico; Colombia; 
El Salvador; Bolivia; Cameroon and the European Communities spoke. 
46. The General Council took note of the statements and agreed to revert to this matter at its next 
meeting. 
47. At the General Council meeting on 28 July 2009 , the Chairman, reporting on his recent 
consultations on this matter, said that while ther e had been little substantive development since the 
May Council, the consultations had proved useful in clarifying both the curre nt state-of-play of the 
matter and its ramifications, as well as the steps that  were intended to be taken in the coming weeks 
towards a resolution to the concerns of the delegations involved. 
48. The representatives of Honduras; Guatemala; Peru; Colombia; Ecuador; Panama; Mexico; 
European Communities and the Dominican Republic spoke. 
49. The General Council took note of the statements and agreed to revert to this matter at its next 
meeting. WT/GC/121 
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  50. At the General Council meeting on 20 October 2009
, the Chairman, reporting on his recent 
consultations on this matter, said that while there had been little substantive development overall since 
the July Council, the consultations had proved useful  in clarifying both the current state-of-play and 
its ramifications, as well as the steps intended to be  taken in the coming weeks towards a resolution to 
the concerns of the delegations involved. 
51. The representatives of Honduras; Guatemala; Ec uador; Argentina; Costa Rica; Cameroon and 
the European Communities spoke. 
52. The General Council took note of the statements and agreed to revert to this matter at its next 
meeting. 
53. At the General Council m eeting on 17 November 2009 , the Chairman, reporting on his recent 
consultations on this matter, said that  the consultations had proved usef ul in clarifying both the state-
of-play and its ramifications, as well as the steps in tended to be taken in the coming weeks towards a 
resolution of the concerns of the delegations invo lved.  He believed that there was an increasingly 
positive atmosphere among the delegations concerned. 
54. The representatives of Honduras; Guatemala;  Ecuador; Cameroon; Mexico; European 
Communities and Philippines spoke.  
55. The General Council took note of the statements and agreed to revert to this matter at its next 
meeting. 
3. Review of the Exemption Provided und er Paragraph 3 of GATT 1994 (WT/GC/M/118) 
56. Paragraph 3(a) of the GATT 1994 provides an exemption from Part II of the GATT 1994 for 
measures under specific mandatory legislation – enacte d by a Member before it became a contracting 
party to the GATT 1947 – which prohibits the use,  sale or lease of foreign-built or foreign-
reconstructed vessels in commercial applications betw een points in national waters or waters of an 
exclusive economic zone.  On 20 December 1994, the United States invoked the provisions of paragraph 3(a) with respect to specific legislati on that met the requirements of that paragraph.  
Paragraph 3(b) of the GATT 1994 calls for a review of  this exemption five years after the date of 
entry into force of the WTO Agreement, and thereaf ter every two years for as long as the exemption is 
in force, in order to examine whether the conditio ns which created the need for the exemption still 
prevail.  The General Council last considered this matter at its meeting in December 2007, at which it 
took note that under the two-yearly cycle provided for in paragraph 3(b) of the GATT 1994, the next 
review would normally be held in 2009. 
57. At the General Council m eeting on 3 February 2009
, the Chairman proposed that for the 
purposes of the conduct of the review in 2009 Member s proceed in a manner similar to that in 2007.  
He would accordingly invite all inte rested delegations to speak for the record with regard to the 
review under the current cycle.  He would also invi te interested delegations to submit comments and 
questions to the United States regarding the operation of the legislation under the exemption, to which 
the United States would be invited to respond.  Th ese statements, questions and responses, together 
with the annual statistical report provided by  the US under paragraph 3(c) of GATT 1994 
(WT/L/746), would form the basis for the present year's review.  For the purposes of the review, this matter would be on the agenda of subsequent General Council meeti ngs in the course of 2009 as the 
Chairman deemed appropriate, or at the request  of any Member.  The General Council would, 
furthermore, consider this matter again at its last meeting of this year at which it 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 2011.  WT/GC/121 
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  58. The representatives of the United States; Eur opean Communities; Hong Kong, China; Japan; 
Norway; Chile; Australia; China and Korea spoke. 
59. The General Council took note of the statements and agreed to revert to this item at a future 
meeting. 
4. Transparency for Preferential Tr ade Arrangements (WT/GC/M/121) 
60. In December 2006, the General Council adopted a Decision on Transparency for Preferential 
Trade Arrangements (WT/L/672) inviting the Co mmittee on Trade and Development to consider 
transparency for preferential trade arrangements under paragraph 2 of the Enabling Clause – other 
than RTAs – and to report back within six months  for appropriate action by the General Council.  
Subsequently, in July and December 2007, and agai n in July 2008, on the basis of reports from the 
Chairman of the CTD, the General Council agreed to  extend the deadline for the CTD to consider this 
matter and to report back for appropriate action by successive six-month periods, i.e. until July 2009. 
61. At the General Council meeting on 28 July 2009 , the Chairman of the Committee on Trade 
and Development, reporting on the CTD's consideration of this matter, said that while there had been 
considerable work on the proponents' draft text and good progress on this matter, there were still a 
number of outstanding issues to settle and it was cl ear that more time was required before the CTD 
could come to a decision.  The CTD had therefore ag reed to request that the General Council allow it 
until December 2009 to consider the matter furt her and report back for appropriate action. 
62. The representative of Brazil spoke. 
63. The General Council took note of the report by the Chairman of the CTD and the statement 
and agreed that the deadline for th e CTD to consider this matter a nd to report back for appropriate 
action be extended to December 2009. 
5. Committee on Balance-of-Payments Restrictions (WT/GC/M/121) 
(a) Consultations with Ecuador (WT/BOP/R/91) 
(b) Consultations with Ukraine (WT/BOP/R/93) 
(c) Note on meeting of June 2009 (WT/BOP/R/92/Rev.1) 
64. At the General Council meeting on 28 July 2009 , the Chairman of the BOP Committee 
reported on the consultations held with Ecuador and Ukraine.  Members also considered a draft 
decision on participation by Members in the Co mmittee (WT/BOP/R/92/Rev.1), which would bring 
the Committee's procedures on membership into line with other WTO Committees. 
65. The representatives of Ecuador; Ukraine; European Communities and Japan spoke. 
66. The General Council took note of the statemen ts and of the Note on the Committee's June 
meeting (WT/BOP/R/92/Rev.1), adopted the Decisi on on Participation in the Committee in that 
document (WT/L/767), and adopted the reports on th e consultations with Ecuador and Ukraine in 
documents WT/BOP/R/91 and 93 respectively. WT/GC/121 
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  6. Committee on Budget, Finance and Admini stration – Reports and recommendations 
(WT/GC/M/120, 121, 122) 
67. At its meeting on 26-27 May 2009
, the General Council considered a report by the Budget 
Committee on its meeting of March 2009 (WT/BFA/109). 
68. The Chairperson of the Comm ittee introduced the report. 
69. The General Council took note of the statement and adopted the report. 
70. The General Council then considered a repor t by the Budget Committee on its meeting of 
May 2009 (WT/BFA/110). 
71. The Chairperson of the Comm ittee introduced the report. 
72. The Chairman of the Management Board of th e WTO Pension Fund made a statement urging 
the Committee to take action on the Management Board's recommendation to correct the actuarial 
deficit recorded in the Pension Plan at 31 December 2007. 
73. The General Council took note of the statem ents, approved the Budget Committee's specific 
recommendations in paragraphs 28 and 29 of its report in document WT/BFA/110, and adopted the 
report. 
74. At its meeting on 28 July 2009 , the General Council considered a report by the Budget 
Committee on its meeting of July 2009 (WT/BFA/111). 
75. The Chairperson of the Comm ittee introduced the report. 
76. The General Council took note of the statem ents, approved the Budget Committee's specific 
recommendation in paragraph 19 of its report in  document WT/BFA/111 and adopted the report. 
77. At its meeting on 20 October 2009 , the General Council considered a report by the Budget 
Committee on its meeting of October 2009 (WT/BFA/112). 
78. The Chairperson of the Comm ittee introduced the report. 
79. The General Council took note of the statem ents, approved the Budget Committee's specific 
recommendation in paragraph 15 of its report in  document WT/BFA/112 and adopted the report. 
7. Accession matters 
(a) Afghanistan (WT/GC/M/120) 
80. In December 2004, the General Council establishe d a Working Party to examine the request 
of Afghanistan for accession to the WTO Agreement. 
81. At the General Council meeting on 26-27 May 2009 , the Chairman informed the Council that 
following consultations and in keeping with WT O usual practice, it had been agreed that 
Mr Boudewijn Van Eenennaam (Net herlands) would serve as Chairman of this Working Party, 
replacing Mr De Jong (Netherlands) w ho had left Geneva and was no long er available to serve in this 
capacity. 
82. The General Council took note of the statement.  WT/GC/121 
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  (b) Iraq (WT/GC/M/120) 
83. In December 2004, the General Council establishe d a Working Party to examine the request 
of Iraq for accession to the WTO Agreement. 
84. At the General Council meeting on 26-27 May 2009 , the Chairman informed the Council that 
following consultations and in keeping with WT O usual practice, it had been agreed that 
Mr Omar Hilale (Morocco) would serve as Chairm an of this Working Party, replacing Mrs Uribe 
(Colombia) who had left Geneva and was no lo nger available to serve in this capacity. 
85. The representative of Morocco spoke. 
86. The General Council took note of the statements. 
(c) Lao PDR (WT/GC/M/120) 
87. In February 1998, the General Council establishe d a Working Party to examine the request of 
Lao PDR for accession to the WTO Agreement. 
88. At the General Council meeting on 26-27 May 2009 , the Chairman informed the Council that 
following consultations and in keeping with WTO us ual practice, it had been agreed that Mr Zhang 
Xiangchen (China) would serve as Chairman of this  Working Party, replacing Mr Gosper (Australia) 
who had left Geneva and was no longer available to serve in this capacity. 
89. The General Council took note of the statement. 
(d) Samoa (WT/GC/M/120) 
90. The Working Party on the Accession of Sa moa was established in July 1998. 
91. At the General Council meeting on 26-27 May 2009 , the Chairman informed the Council that 
following consultations and in keeping with WT O usual practice, it had been agreed that 
Ms. Kuni Sato (Japan) would serve as Chairperso n of this Working Party, replacing Mr Suzuki 
(Japan) who had left Geneva and was no long er available to serve in this capacity. 
92. The General Council took note of the statement. 
(e) Bahamas (WT/GC/M/121) 
93. In July 2001, the General Council established a Working Party to examine the request of the 
Bahamas for accession to the WTO Agreement. 
94. At the General Council meeting on 28 July 2009 , the Chairman informed the Council that 
following consultations and in keeping with WTO us ual practice, it had been agreed that Mr Peter 
Black (Jamaica) would serve as Chairman of this Working Party. 
95. The General Council took note of the statement. 
(f) Seychelles (WT/GC/M/121) 
96. In July 1995, the General Council established a Working Party to examine the request of 
Seychelles for accession to the WTO Agreement. WT/GC/121 
Page 12  
 
  97. At the General Council meeting on 28 July 2009
, the Chairman informed the Council that 
following consultations and in keeping with WTO us ual practice, Ms Hilda Al-Hinai (Oman) would 
serve as Chairperson of this Working Party, replacing Mr Berthet (Uruguay). 
98. The General Council took note of the statement. 
8. Waivers 
(a) Introduction of Harmonized System 1996 Changes into WTO Schedules of Tariff 
Concessions – Argentina and Panama (WT/GC/M/120) 
99. At its meeting on 26-27 May 2009 , the General Council consid ered draft decisions in 
documents G/C/W/616 and 617 providing for waivers from the provisions of Article II of GATT 1994 
until 30 April 2010 for Argentina and Panama respectiv ely, to enable them to implement the HS 1996 
changes into their Schedules of Concessions. 
100. The Chairperson of the Council for Trade in G oods reported on the consideration of the draft 
decisions by that Council. 
101. 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/757 – Argentina and WT/L/758 – Panama). 
(b) Preferential tariff treatment for least-developed countries (WT/GC/M/120)  
102. At its meeting on 26-27 May 2009 , the General Council considered a draft decision in 
document G/C/W/620 providing for extension of a waiver from the provisions of paragraph 1 of 
Article I of the GATT 1994, to the extent necessary to allow developing-country Members to provide 
preferential tariff treatment to products of  least-developed countries, until 30 June 2019 
103. The Chairperson of the Council for Trade in G oods reported on the consideration of the draft 
decision by that Council. 
104. The representatives of Brazil; Tanzania (on beha lf of the LDCs); Nepal and Korea spoke. 
105. The General Council took note of the statements and of the report and, in accordance with the 
Decision-Making Procedures under Articles IX and X II of the WTO Agreement agreed in November 
1995 (WT/L/93), adopted the Decision (WT/L/759). 
(c) Procedures leading to the verification and cer tification of Harmonized System 1996 changes 
relating to the Schedules of 64 Members (WT/GC/M/120) 
106. At its meeting on 26-27 May 2009 , the General Council considered a draft decision in 
document G/C/W/619 setting out procedures for in troducing Harmonized System 1996 changes into 
the schedules of concessions of the 64 WTO Memb ers listed in the annex to the draft decision. 
107. The Chairperson of the Council for Trade in G oods reported on the consideration of the draft 
decision by that Council. 
108. 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/756).  WT/GC/121 
 Page 13 
 
 
  (d) United States – African Growth and Opportunity Act (WT/GC/M/120) 
109. At its meeting on 26-27 May 2009 , the General Council considered a draft decision in 
document G/C/W/612 and Corr.1 providing for a wa iver from the provisions of paragraph 1 of 
Article 1 and paragraphs 1 a nd 2 of Article XIII of the GATT 1994 until 30 September 2015. 
110. The Chairperson of the Council for Trade in G oods reported on the consideration of the draft 
decision by that Council. 
111. 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/754). 
(e) United States – Andean Trade Preference Act (WT/GC/M/120) 
112. At its meeting on 26-27 May 2009 , the General Council considered a draft decision in 
document G/C/W/613 and Corr.1 providing for the re newal of a waiver from the provisions of 
paragraph 1 of Article 1 a nd paragraphs 1 and 2 of Article XIII of the GATT 1994 until 
31 December 2014. 
113. The Chairperson of the Council for Trade in G oods reported on the consideration of the draft 
decision by that Council. 
114. The representatives of Bolivia; Colombia; Cuba; Ecuador; Bolivarian Republic of Venezuela; 
Dominican Republic; Peru; Mexico; Brazil; Argentin a; Chile; Trinidad and Tobago (on behalf of 
CARICOM Members); Nicaragua and the United States spoke. 
115. The General Council took note of the statements and of the report and, in accordance with the 
Decision-Making Procedures under Articles IX and X II of the WTO Agreement agreed in November 
1995 (WT/L/93), adopted the Decision (WT/L/755). 
(f) United States – Caribbean Basin Ec onomic Recovery Act (WT/GC/M/120) 
116. At its meeting on 26-27 May 2009 , the General Council considered a draft decision in 
document G/C/W/611 and Corr.1 providing for the re newal of a waiver from the provisions of 
paragraph 1 of Article 1 a nd paragraphs 1 and 2 of Article XIII of the GATT 1994 until 
31 December 2014. 
117. The Chairperson of the Council for Trade in G oods reported on the consideration of the draft 
decision by that Council. 
118. 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/753). 
(g) Cape Verde – Implementation of the sch edule of concessions (WT/GC/M/121) 
119. At its meeting on 28 July 2009 , the General Council considered a draft decision in document 
G/C/W/622 providing for a waiver on the implemen tation of scheduled concessions and commitments 
for Cape Verde until 1 January 2010. 
120. The Chairperson of the Council for Trade in G oods reported on the consideration of the draft 
decision by that Council. WT/GC/121 
Page 14  
 
  121. 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/768). 
(h) Review of waivers pursuant to Article IX :4 of the WTO Agreement (WT/GC/M/121) 
122. 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 Conf erence not later than one year after it is granted, 
and thereafter annually until the waiver terminates." 
123. At its meeting on 28 July 2009
, the General Council considered the following waivers for 
review under Article IX:4: 
(i) LDCs – Article 70.9 of the TRIPS Agr eement with respect to pharmaceutical 
products, granted on 8 July 2002 until 1 January 2016 (WT/L/478) 
(ii) European Communities –  Preferences for Albania, Bosnia and Herzegovina, 
Croatia, Serbia and Montenegro, a nd the Former Yugoslav Republic of 
Macedonia, granted on 28 July 2006 until 31 December 2011 (WT/L/654, WT/L/763) 
(iii) United States –  Former Territory of the Pacific Islands, granted on 
27 July 2007 until 31 December 2016 (WT/L/694, WT/L/762) 
(iv) Mongolia – Export duties on raw cashmere , granted on 27 July 2007 until 
29 January 2012 (WT/L/695) 
(v) European Communities – Application of autonomous preferential treatment 
to Moldova, granted on 7 May 2008 until 31 December 2013 (WT/L/722, 
WT/L/764). 
124. In so doing, the General Council considered reports on implementation of the respective 
waivers submitted by the United States (WT/L/ 762) and the European Communities (WT/L/763 and 
764). 
125. The General Council took note of  the above-mentioned reports. 
9. The economic and financial crisis and its repercussions on trade (WT/GC/M/120, 122, 
123) 
126. At the General Council meeting on 26-27 May 2009
, the representative of Argentina 
introduced its communication in WT/GC/W/602 on possi ble ways to improve the WTO's monitoring 
of measures adopted by Members as a result of the economic and financial crisis.   
127. The representatives of Mexico; Ecuador; Tha iland; Norway; Canada; Turkey; European 
Communities; Zambia; India; Bolivia; Philippines;  United States; Cuba; Brazil; Australia; Egypt; 
Switzerland; Bolivarian Republic of Venezuela; Ch ina and Japan and the Director-General spoke. 
128. The General Council took note of the statements. 
129. At the General Council meeting on 20 October 2009 , the representative of Argentina 
introduced its joint communication with Ecuado r in WT/GC/W/609 which proposed that the 
Secretariat analyze the impact on international tr ade on measures taken in response to the economic  WT/GC/121 
 Page 15 
 
 
  crisis, such as stimulus packages.  The proposal al so envisaged a process of consultations, under the 
auspices of the General Council, on the met hodology applied in the analytical work.   
130. The representatives of Ecuador; Bolivia; Indi a; China; European Communities;  Cuba; 
United States; Australia; Turkey; Brazil; South Africa; Venezuela; Chile; Dominica Republic; 
Nicaragua; Norway and Paraguay spoke. 
131. The General Council took note of the statements and agreed to revert to this matter at its next 
meeting. 
132. At its meeting on 17 November 2009 , the Council discussed the communication from 
Argentina and Ecuador in WT/GC/W/609.  The co -authors of the document said they would be 
submitting a revision of the document at the December Council. 
133. The representatives of India; United States; Cuba; European Communities; Tanzania (on 
behalf of the LDCs); Zambia; China; Bolivarian Republic of Venezuela; Bo livia; Japan and Turkey 
spoke. 
134. The General Council took note of the statements and agreed to revert to this matter at its next 
meeting. 
10. Possible further action by Members in resp onse to the financial crisis (WT/GC/M/120) 
135. At the General Council meeting on 26-27 May 2009 , the representative of Norway introduced 
its communication in WT/GC/W/604 which sought to build on the G-20 London Declaration. 
136. The representatives of Mexico; Hong Kong, Ch ina; Singapore; New Zealand; Ukraine; 
Tanzania (on behalf of the LDCs); Chinese Ta ipei; Switzerland; Canada; Colombia; Thailand; 
Liechtenstein; Brazil; Former Yugoslav Republic of Macedonia; Malaysia; Pakistan; Turkey; Korea; 
Chile; Israel; Cuba; Australia; United States;  Peru and the European Communities spoke. 
137. The General Council took note of the statements. 
11. Netherlands – Seizure of generic medici nes in transit from India to Brazil 
(WT/GC/M/118) 
138. At the General Council meeting on 3 February 2009 , the representatives of Brazil and India 
expressed concern at the Netherlands' recent seizure of generic medicines in transit from India to 
Brazil which they said raised serious systemic issues. 
139. The representatives of Peru; Ecuador; Egypt (on behalf of the African Group); South Africa; 
Bolivia; Argentina; Cuba; Nigeria; Bolivarian Re public of Venezuela; Indonesia; Burkina Faso; 
Thailand; China; Pakistan; Israel; Paraguay;  Costa Rica and European Communities spoke. 
140. The General Council took note of the statements. 
12. Accession of developing countries – Statemen ts by Gabon for the Informal Group of 
Developing Countries (WT/GC/M/120, 121, 122) 
141. At the General Council meeting on 26-27 May 2009 , the representative of Gabon, on behalf 
of the Informal Group of Developing Countries, sa id that developing countries' accession processes 
should have a legal and non-political basis.  Th e Group was organizing a meeting in June aimed at 
formulating concrete steps to accelerate these accessions , and requested the inclusion of this matter as WT/GC/121 
Page 16  
 
  a standing item on the Council's agenda in order to  keep Members informed of the status of 
developing countries' accession processes a nd to examine their requests for accession. 
142. The representative of Ecuador spoke. 
143. The General Council took note of the statements. 
144. At the General Council meeting on 28 July 2009
, the representative of Gabon, on behalf of 
the Informal Group of Developing Countries, said that  accession, particularly of developing countries, 
was an issue that required urgent attention by a ll Members, and expressed the Group's concern that in 
many cases, the obstacles and delays encountered we re based on political considerations.  The Group 
intended to request that this matter be made a st anding item on the Council's agenda, in order to keep 
Members informed of the progress, or lack ther eof, in the various accession working parties. 
145. The representatives of India; the United States;  Egypt (on behalf of the African Group) and 
Iran (as an observer) spoke. 
146. The General Council took note of the statements. 
147. At the General Council meeting on 20 October 2009 , the representative of Gabon, on behalf 
of the Informal Group of Developing Countries, introduced the Group's communication in 
WT/GC/W/611, which proposed to improve the exis ting institutional mechanism of accession with 
the objective of providing developing countries with the possibility to make their views on the process 
known, and that progress reports be  sent to the General Council. 
148. The representatives of Nigeria; Viet Nam; Paraguay; India; China; Egypt (on behalf of the 
African Group); South Africa; Cuba; Colombia; Turkey; United States; European Communities; 
Ecuador; Japan; Brazil; Ukraine; Gabon; A ngola and Algeria (as an observer) spoke. 
149. The General Council took note of the statements. 
13. Accession of Least Developed Countries – Statement by Cambodia (WT/GC/M/122) 
150. At the General Council meeting on 20 October 2009 , the representative of Cambodia noted 
that as a result of the Round Table on Accession of Least Developed Countries held in Phnom Penh on 28-29 September, and upon request of Cambodia a nd Tanzania, the Statement on Least Developed 
Countries Accession had been circulated as a document for the Ministerial Conference 
(WT/MIN(09)/1), for the General Council (WT/L/769) and for the Sub-Committee for Least Developed Countries (WT/COMTD/LDC/16).  He request ed that a process be established to consider 
and act on the proposals contained in the Statement. 
151. The representative of Zambia and Yemen (as an observer) spoke. 
152. The General Council took note of the statements. 
14. United States exports subsidies – Statement by Brazil on behalf of the G-20 
(WT/GC/M/120) 
153. At the General Council meeting on 26-27 May 2009
, the representative of Brazil (on behalf of 
the G-20) expressed concern in relation to the deci sion of the United States to reintroduce dairy export 
subsidies as announced by the US Department of Agriculture.  He pointed out that the measure 
showed the rise of "murky protectionism", not dir ectly violating WTO obligations and yet potentially 
weakening the WTO system in a time of economic crisis.  Protectionism was not only about rising  WT/GC/121 
 Page 17 
 
 
  tariffs or controlling imports, but also included any form of government intervention, such as 
subsidies, which artificially tilted the field in fa vour of domestic enterprises to the detriment of 
competitors abroad.  In this case, the unsubsidized  farmers in the developing world would also be 
negatively affected.  It was a worrisome sign that the US decision followed a similar decision by the 
EC to reintroduce export subsidies.  These examples, if emulated by other developed countries, would 
contribute to aggravating significantly the worl d economic situation and its hardship on the 
developing world.  In order to address these distortions in world agricultural trade, the G-20 stressed the importance of concluding the Doha Round and urged the United States and the EC to show 
leadership in the multilateral pro cess of agricultural reform by withdrawing these export subsidies. 
154. The representatives of Brazil; Ecuador; India; Sout h Africa; Uruguay; Cuba; China; Australia 
(on behalf of the Cairns Group); United States; Eu ropean Communities; Argentina; Mexico and Egypt 
spoke. 
155. The General Council took note of the statements. 
15. CWR Building Renovation Project – Statement by the Director-General 
(WT/GC/M/118) 
156. At the General Council m eeting on 3 February 2009
, the Director-General made a progress 
report on the plans to renovate and expand the WTO headquarters, the four interrelated parts of which were:  renovation of the CWR building, creation of a new central lobby and meeting room complex in 
the two interior courtyards, construction of a new building in the in the south parking, and a new 
security perimeter around this campus, with improved access controls and traffic flow for vehicles.  
The target completion date was January 2013. 
157. The General Council took note of the statement. 
16. Seventh Session of the Ministerial Conference  
(a) Communication by Uruguay (WT/GC/M/120
10) 
158. At the General Council meeting on 26-27 May 2009 , Uruguay introduced a communication 
(WT/GC/W/599) requesting that the issues of the date and venue of the Seventh Session of the 
Ministerial Conference as well as the election of officers be placed on the Agenda.  The 
representatives of Switzerland; India; Kenya; Chinese Taipei; Angola and El Salvador spoke. 
159. The General Council took note of the statements. 
(b) Date and venue (WT/GC/M/118, 12011) 
160. At the General Council m eeting on 3 February 2009 , the Chairman recalled that at the 
December meetings of the TNC and the General Council, the issue of the next regular mandated 
Ministerial Conference had been raised as warranti ng further reflection and discussion.  While he had 
raised this issue informally in recent consultati ons with delegations, he believed there should be 
further and more substantive discussion before it was taken forward to a decisi on, and suggested that 
his successor take this up informally with delegatio ns and that the General Council revert to it at a 
subsequent meeting. 
161. The General Council took note of statement. 
                                                      
10 See also item 16(b) "Date and venue". 
11 See also item 16(a) "Communication by Uruguay". WT/GC/121 
Page 18  
 
  162. At the General Council meeting on 26-27 May 2009
, the Chairman introduced12 a draft 
decision providing inter alia that the Seventh S ession will be held in Geneva from 30 November to 
2 December 2009.  The representatives of Uruguay; Switzerland; India; Kenya; Chinese Taipei; Angola and El Salvador spoke. 
163. The General Council took note of statemen ts and adopted the decision (WT/L/760). 
(c) Election of officers (WT/GC/M/120, 121
13, 12214) 
164. At the General Council meeting on 26-27 May 2009 , the Chairman suggested that this matter 
be taken up under his mandate in WT/L/760 to undert ake all necessary action to prepare the Seventh 
Session in consultation with Members. 
165. The General Council took note of the statement. 
166. At the General Council meeting on 28 July 2009 , the Chairman reported15 that there was 
convergence around the idea that the upcoming Ministerial Conference, without establishing a precedent, would be chaired by the Minister of the Member providing the General Council Chair, i.e. the Minister of Chile.  The Vice-Chairs, as in th e past, would come from the remaining broad groups 
or regions.  The representatives of Switzerland and Angola spoke. 
167. At the General Council meeting on 20 October 2009
, the Chairman, on the basis of 
consultations he had held, proposed that the Ge neral Council agree to elect the following presiding 
officers for the Seventh Session: 
Chairperson: H.E. Mr Andrés Velasco (Chile) 
Vice-Chairs: H.E. Mrs Doris Leuthard (Switzerland)   H.E. Dr. Mari Elka Pangestu  (Indonesia) 
   H.E. Mr Rachid Rachid (Egypt). 
 
168. The General Council so agreed. 
(d) Attendance of observers from Government s and international intergovernmental 
organizations (WT/GC/M/122
16) 
169. At the General Council meeting on 20 October 2009 , the Chairman proposed that the General 
Council agree to follow past practic e and that observers at the Hong Kong Ministerial Conference, 
both Governments and IGOs, be invited to th e Seventh Ministerial Conference, with the 
understanding that any new requests would be consid ered on a case-by-case basis in the usual way, in 
line with the Rules of Procedure.17   
170. The General Council so agreed. 
                                                      
12 The Chairman's statement was subse quently circulated as JOB(09)/48. 
13 See also item 16(e) "Statement by the Chairman". 
14 Idem . 
15 The Chairman's statement was subse quently circulated as JOB(09)/81. 
16 See also item 16(e) "Statement by the Chairman". 
17 The list of the Observer Governments and IGOs invited to Hong Kong can be found in document 
WT/MIN(05)/INF/7/Rev.3, under Cate gories II and III respectively.  WT/GC/121 
 Page 19 
 
 
  (e) Statements by the Chairman (WT/GC/M/12118, 12219, 123) 
171. At the General Council meeting on 28 July 2009 , the Chairman reported on his consultations 
on preparations for the Seventh Session, including an  informal HODs meeting on 22 July at which he 
had made a statement20 setting out the areas in which greater clarity or convergence had emerged.  
The representatives of Switzerland and Angola spoke. 
172. The General Council took note of the statements. 
173. At the General Council m eeting on 20 October 2009 , the Chairman made a statement on 
organizational and other aspects related to the Seventh Session of the Ministerial Conference.21  The 
Chairperson of the Budget Committee drew the Co uncil's attention to the specific recommendation 
contained in paragraph 25 of WT/B FA/112 relating to the trust fund for the participation of LDCs. 
174. The representatives of Angola; India; Cuba; Egypt; Chinese Taipei; Hong Kong, China; 
Australia; Ecuador; China; Honduras; Bolivia; Mexi co; Switzerland; Uruguay; Brazil; New Zealand; 
European Communities; Turkey; Nicaragua; Domini can Republic; Bolivarian Republic of Venezuela; 
South Africa; Canada; Pakistan and Argentina spoke. 
175. The General Council took note of the statem ents, approved the Budget Committee's specific 
recommendation in paragraph 25 of WT/BFA/112 a nd urged interested donors to indicate to the 
Secretariat the level of commitmen t they were ready to provide. 
176. At the General Council meeting on 17 November 2009 , the Chairman made a statement on 
organizational and other aspects related to the Seventh Session of the Ministerial Conference. 
177. The representatives of Switzerland and Cuba spoke. 
178. The Council took note of the statements. 
(f) Strengthening the WTO – Communication from Au stralia, Brazil, Canada, China, Hong Kong 
China, European Communities, India, Japan, Korea, Malaysia, Mauritius, Mexico, Norway, 
South Africa, Switzerland, Turkey, United States and Uruguay (WT/GC/M/121, 122) 
179. At the General Council meeting on 28 July 2009 , the representative of India introduced the 
submission in document WT/GC/W/605 containing proposals for systematic improvements of the 
WTO.  The representatives of China; Tanzania (on behalf of the LDCs); Egypt (on behalf of the 
African Group); United States; Philippines; Canada; Israel; European Communities; Uruguay; Australia; Korea; Mauritius (on behalf of th e ACP Group); Japan; New Zealand; Chinese Taipei; 
Nepal; Switzerland; Bangladesh; Dominican Republic ; El Salvador; Chile; Brazil; Angola; Oman; 
Hong Kong and Argentina spoke. 
180. The General Council took note of the statements. 
181. At the General Council meeting on 20 October 2009
, the representative of India introduced a 
proposal, co-sponsored by 17 other Members, in document WT/MIN(09)/W/1 entitled "Strengthening 
the WTO".  The representatives of Angola; India;  Cuba; Egypt; Chinese Taipei; Hong Kong, China; 
Australia; Ecuador; China; Honduras; Bolivia; Mexi co; Switzerland; Uruguay; Brazil; New Zealand; 
                                                      
18 See also item 16(c) "Election of officers". 
19 See also item 16(c) "Election of officers" and item 16(d) "Attendance of observers from Governments 
and international intergovernmental organizations". 
20 The Chairman's statement was subse quently circulated as JOB(09)/81. 
21 The Chairman's statement was subse quently circulated as JOB(09)/144. WT/GC/121 
Page 20  
 
  European Communities; Turkey; Nicaragua; Domini can Republic; Bolivarian Republic of Venezuela; 
South Africa; Canada; Pakistan and Argentina spoke. 
182. The General Council took note of the statements. 
(g) TRIPS non-violation and situation complaints (WT/GC/M/123) 
183. At the General Council m eeting on 17 November 2009
, the Chairperson of the TRIPS 
Council made a statement on the TRIPS Council's cons ideration of this matter and introduced the 
draft text for decision by Ministers, which was contained in an addendum to the TRIPS Council's 
Annual Report (IP/C/52/Add.1). 
184. The General Council took note of the statemen t and the report and agreed to forward the 
report and the draft text 1 for decision by Minist ers in IP/C/52/Add.to the Seventh Ministerial 
Conference. 
(h) E-Commerce (WT/GC/M/123) 
185. At the General Council m eeting on 17 November 2009 , the Chairman read a statement on 
behalf of the Chairman of the Dedicated S ession on E-Commerce, DDG Singh.  He noted that 
Members had considered and approved the report of  the Dedicated Discussion to the General Council 
(WT/GC/W/613) which included a draft decision in paragraph 9 to be forwarded to the Seventh 
Ministerial Conference. 
186. The General Council took note of the statemen t and the report and agreed to forward the 
report and the draft text for decision by Ministers in WT/GC/W/613 to the Seventh Ministerial Conference. 
(i) Request for Observer Status by Palestine (WT/GC/M/123) 
187. At the General Council m eeting on 17 November 2009
, the Chairman drew the Council's 
attention to the request by Palestine for observer status at the Seventh Ministerial Conference (WT/L/775) and proposed that the Council agreed to grant the request. 
188. The General Council so agreed. 
189. The representative of Jordan spoke. 
190. The General Council took note of the statement. 
17. Administrative Measures for Members in Arrears (WT/GC/M/118, 120, 121, 122, 123) 
191. At its meeting in May 2006, the Genera l Council approved a recommendation from the 
Committee on Budget, Finance and Administration w ith regard to revised Administrative Measures 
for Members in Arrears (WT/BFA/86) under which, inter alia , at each meeting of the General Council 
the Chairman of the Budget Committee would provide information with regard to which Members 
were under Administrative Measures in Categories II through IV, and the General Council Chairman 
would request Members in Categories III and IV to inform him before the next Council meeting as to 
when the payment of arrears might be expected a nd report on Members' replies at each subsequent 
meeting. 
192. At the General Council meeting on 3 February 2009
, in pursuance of the revised 
Administrative Measures, the Chairman of the Committee on Budget, Finance and Administration  WT/GC/121 
 Page 21 
 
 
  provided information with rega rd to which Members were under Administrative Measures in 
Categories II through IV.  Also in pursuance of  the revised Administrative Measures, the Council 
Chairman requested Members in Categories III and IV  to inform him before the next meeting of the 
Council as to when their payment of arrears might be  expected.  He informed the Council that since 
its December meeting he had not received any replies from the Members concerned. 
193. The General Council took note of the statements. 
194. At the General Council meeting on 26-27 May 2009 , in pursuance of the revised 
Administrative Measures, the Chairperson of th e Committee on Budget, Finance and Administration 
provided information with rega rd to which Members were under Administrative Measures in 
Categories II through IV.  Also in pursuance of  the revised Administrative Measures, the Council 
Chairman requested Members in Categories III and IV  to inform him before the next meeting of the 
Council as to when their payment of arrears might be  expected.  He informed the Council that since 
its February meeting he had not received any replies from the Members concerned. 
195. The General Council took note of the statements. 
196. At the General Council meeting on 28 July 2009 , in pursuance of the revised Administrative 
Measures, the Chairperson of the Committee on Budget, Finance and Administration provided 
information with regard to which Members were  under Administrative Measures in Categories II 
through IV.  Also in pursuance of the revised  Administrative Measures, the Council Chairman 
requested Members in Categories III and IV to inform  him before the next meeting of the Council as 
to when their payment of arrears might be expect ed.  He informed the Council that since the May 
General Council meeting, Zimbabwe had liquidate d its outstanding contributions in arrears. 
197. The General Council took note of the statements. 
198. At the General Council meeting on 20 October 2009 , in pursuance of the revised 
Administrative Measures, the Chairperson of th e Committee on Budget, Finance and Administration 
provided information with rega rd to which Members were under Administrative Measures in 
Categories II through IV.  Also in pursuance of  the revised Administrative Measures, the Council 
Chairman requested Members in Categories III and IV  to inform him before the next meeting of the 
Council as to when their payment of arrears might be  expected.  He informed the Council that since 
the July General Council meeting, Paraguay had liq uidated its outstanding c ontributions and Senegal 
had moved from Category IV to Category III. 
199. The General Council took note of the statements. 
200. At the General Council m eeting on 17 November 2009 , in pursuance of the revised 
Administrative Measures, the Chairperson of th e Committee on Budget, Finance and Administration 
provided information with rega rd to which Members were under Administrative Measures in 
Categories II through IV.  Also in pursuance of  the revised Administrative Measures, the Council 
Chairman requested Members in Categories III and IV  to inform him before the next meeting of the 
Council as to when their payment of arrears might be  expected.  He informed the Council that since 
the October General Council meeting he had not r eceived any replies from the Members concerned. 
201. The representative of Djibouti spoke. 
202. The General Council took note of the statements. WT/GC/121 
Page 22  
 
  18. WTO Pension Plan (WT/GC/M/118, 120, 121, 122) 
(a) Amendments to the Regulations of the Pension Plan (WT/GC/M/121) 
203. At the General Council meeting on 28 July 2009
, the Chairman of the Management Board of 
the WTO Pension Plan introduced the Amendments to the Regulations of the Pension Plan circulated 
in document WT/GC/W/606, increasing the normal retirement age to 65 for new entrants, and 
increasing the overall rate of contribution to the Plan. 
204. The representative of the United States spoke. 
205. The General Council took note of the statements  and approved the amendments to the WTO 
Pension Plan Regulations as set out in document WT/GC/W/606. 
(b) Election of Members and Alternates to the Management Board (WT/GC/M/118, 120, 122) 
206. Article 4 of the Regulations of the WTO Pension Plan (WT/L/282) provides inter alia  for the 
election by the General Council of a Chairman, f our members and four alternates to serve on the 
Management Board, each for a three-year term. 
207. At the General Council meeting on 3 February 2009 , the Chairman drew attention to a 
proposal circulated by him in document WT/GC/W/597 on the basis of which he proposed that the 
General Council agree to elect Mr Schneider (Ger many) and Ms Stylianou (Australia) to serve as 
members on the Management Board of the WTO Pensi on Plan for the remainder of the Board's term, 
i.e. until May 2011. 
208. The General Council took note of the statement and so agreed (WT/L/748/Rev.1). 
209. At the General Council meeting on 26-27 May 2009 , the Chairman drew attention to a 
proposal circulated by him in document WT/GC/W/600 on the basis of which he proposed that the 
General Council agree to elect Mr Mukhtar (Pakista n) to serve as an alte rnate on the Management 
Board of the WTO Pension Plan for the remainder of the Board's term, i.e. until May 2011. 
210. The General Council took note of the statement and so agreed (WT/L/761). 
211. At the General Council meeting on 20 October 2009 , the Chairman drew attention to a 
proposal circulated by him in document WT/GC/ W/608 that the General Council agree to elect 
Mr Tissot (United Kingdom) to serve as a member a nd Mr Neufeld (Canada) to serve as an alternate 
on the Management Board for the remainder of the Board's term, i.e. until May 2011. 
212. The General Council took note of the statement and so agreed (WT/L/774). 
(c) Annual Report (WT/GC/M/122) 
213. At its meeting on 20 October 2009 , the Chairman of the WTO Pension Plan Management 
Board introduced the Annual Report of the Management Board for 2008 (WT/L/771). 
214. The General Council took note of the statem ent and of the Annual Report in WT/L/771.  WT/GC/121 
 Page 23 
 
 
  19. International Trade Centre UNCTAD/WTO (WT/GC/M/120) 
215. At the General Council meeting on 26-27 May 2009 , the General Council considered a report 
of the Joint Advisory Group of the Internati onal Trade Centre UNCTAD/WTO on its Forty-second 
Session (ITC/AG(XLII)/225). 
216. 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. 
217. In the absence of the Chairman of the Comm ittee on Trade and Development and on the 
latter's request and behalf, the pr evious Chair of the CTD reported on the Committee's consideration 
of the report of the Joint Advisory Group.   
218. The representative of Mexico; Switzerland and Colombia spoke. 
219. The General Council took note of the statements and adopted the report of the Joint Advisory 
Group in document ITC/AG(XLII)/225.  
20. Appointment of the next Director-General (WT/GC/M/118, 119) 
220. In October 2008, the Chairman informed Memb ers 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 appointment  of the next Director-General would begin 
on 1 December 2008. Members would have until 31 December 2008 to nominate candidates who 
would have until 31 March 2009 to ma ke themselves known to Members a nd 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 inv ited 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-answ er period.  In keeping with the Procedures, a 
decision on the appointment of a new Director-Gen eral would have to be taken not later than 
31 May 2009. 
221. At the General Council m eeting on 3 February 2009 , the Chairman recalled that in keeping 
with the Procedures for the Appointment of Di rectors-General (WT/L/509), the process for the 
appointment of the next Director-General had b een begun on 1 December 2008.  He had informed 
Members on 4 November of the candidature of th e current Director-General, who had notified him 
before the start of the process of his intention to seek reappointment for a further term.  By the close 
of the nomination period on 31 December 2008, no fu rther candidatures had been  received.  Under the 
procedures, candidates had three months following  the end of the nomination period to make 
themselves known to Members and to engage in discussions on the issues facing the organization, 
with the following two months devoted to narro wing the field of candidates through a process of 
consultations and arriving at a choice for appointment .  The process was to conclude with a meeting 
of the General Council not later than three months prior to the expiry of the incumbent's term to 
appoint a new DG – in the present case, not later th an 31 May.  In his consultations, Members had 
acknowledged the unique nature of the present situa tion, and there was no opposition to, and indeed 
widespread support for, Mr Lamy's reappointment.  Members had also said they looked forward to an 
opportunity to hear, in accordance with paragraphs  8 and 14 of the procedures, a presentation from the 
DG on his vision for the WTO, followed by a question and answer session and an opportunity for discussion.  This exchange would itself have no lega l effect.  Accordingly, a special meeting of the 
General Council for this exercise would be conve ned at a suitably early date, and Members had 
indicated their willingness to expedite the process so that the reappointment of the DG could be 
confirmed before 31 May. WT/GC/121 
Page 24  
 
  222. The representative of Tanzania (on behalf of the LDCs) spoke. 
223. The General Council took note of the statements. 
224. At the General Council meeting on 29 and 30 April 2009
, pursuant to paragraph 14 of the 
Procedures in WT/L/509, Members met formally with Mr Pascal Lamy, the incumbent Director-General and sole candidate for the post of the next  Director-General, on the basis of modalities for the 
conduct of the meeting communicated in a fax to all delegations on 25 March and recalled by the 
Chairman at the beginning of the meeting. 
225. Mr Lamy made a presentation
22 which was followed by a question-and-answer session.  The 
representatives of Malta; Dominican Republic; Japan;  United States; Korea; Argentina; France; 
Latvia; China; United Kingdom; Bolivarian Republic of  Venezuela; Egypt (on behalf of the African 
Group); Tanzania; Cuba; Nepal; Bolivia; Turkey ; Senegal; Chinese Taipei; Chile; Paraguay; 
Colombia; India; Ecuador and Morocco, and the Director-General spoke. 
226. The General Council took note of the statements. 
227. The General Council then agreed to appoint Mr  Lamy as the next Director-General of the 
WTO for a period of four years as from 1 September 2009. 
228. The representative of Costa Rica (on behalf of all delegations)  spoke. 
229. The General Council took note of the statement. 
21. Appointment of the Deputy Directors-General – Statement by the Director-General 
(WT/GC/M/120) 
230. At the General Council on 26-27 May 2009 , the Director-General in formed the Council that 
he had decided to retain the four Deputy Directors-Ge neral in their current position for a further term.  
He said that this team had served the organizati on and the Members with dedication and vision and 
had worked to advance the interests of the multilateral trading system. 
231. The General Council took note of the statement. 
22. Review of WTO activities (WT/GC/M/123) 
232. At its meeting on 17 November 2009 , the General Council consider ed annual reports for 2009 
from WTO bodies that had been drawn up in pursuan ce of the Decision concerning procedures for an 
annual overview of WTO activities and fo r reporting under the WTO (WT/L/105). 
233. The Chairman of the Committee on Government Procurement spoke. 
234. The General Council took note of the statement. 
235. The representatives of Cuba; India; Switzerland;  Ecuador; Chinese Taipei; Japan; Bolivia and 
China, and the Director-General spoke. 
236. The General Council took note of the statements, adopted the report of the Committee on 
Trade and Development (WT/COMTD/70), took note of  the reports of other WTO bodies, including 
the reports of the bodies under the Plurilateral Tr ade Agreements, in documents WT/DSB/49 and 
                                                      
22 Subsequently circulated in document JOB(09)/39.  WT/GC/121 
 Page 25 
 
 
  Add.1, WT/TPR/249, G/L/911, S/C/32, IP/C/52, WT/CTE/16, WT/BOP/R/96, WT/BFA/113, 
WT/REG/20, WT/WGTDF/8, WT/WGTTT/11, GPA/103 and WT/L/773 and agreed to forward the 
reports to the Seventh Ministerial Conference. 
237. The General Council then adopted the draft annual report for 2009 of the General Council 
(WT/GC/W/612), on the understanding that the Secret ariat would make the necessary adjustments to 
it so as to include matters considered at that me eting, and agreed to forward it to the Seventh 
Ministerial Conference.23 
23. Appointment of officers to WTO bodies (WT/GC/M/118) 
238. At the General Council m eeting on 3 February 2009 , the Chairman said that in accordance 
with the Guidelines for Appointment of Officers to WTO Bodies (WT/L/510), he and his colleagues, 
Mr Matus (Chile), the serving Chair of the Disput e Settlement Body, and Mr Noor (Malaysia), the 
former Chair of the General C ouncil, had conducted consultations with delegations on a slate of 
names for the appointment of Chairs to the bodies lis ted in Groups 1, 2, 4 and 5 in the Annex to the 
Guidelines.   
239. On the basis of these consultations, he consider ed that there was a consensus on the following 
slate of names: 
General Council H.E. Mr Mario MATUS (Chile) 
Dispute Settlement Body H.E. Mr John GERO (Canada) 
Trade Policy Review Body H.E. Dr István MAJOR (Hungary) 
Council for Trade in Goods H.E. Mrs Elin Østebø JOHANSEN (Norway) 
Council for Trade in Services H.E. Mr Yonov Frederick AGAH (Nigeria) 
Council for TRIPS H.E. Ms Karen TAN (Singapore) 
Committee on Trade and 
Development H.E. Mr Shree Baboo Chekitan SERVANSING 
(Mauritius) 
Committee on Balance-of- 
Payments Restrictions H.E. Mr Arsene M. BALIHUTA (Uganda) 
Committee on Budget, Finance 
and Administration H.E. Mrs Marie-Claire SWÄRD CAPRA (Sweden) 
Committee on Trade and  
Environment H.E. Mr Bozkurt ARAN (Turkey) 
Committee on Regional Trade  
Agreements Mr Detlev BRAUNS (Germany) 
Working Group on Trade, Debt and  
Finance Mr Martin GLASS (Hong Kong, China) 
Working Group on Trade and  
Transfer of Technology H.E. Mr Kwabena BAAH-DUODU (Ghana) 
 
240. The General Council took note of the statement a nd of the consensus on the slate of names for 
the appointment of officers. 
                                                      
23 At the suggestion of a delegation it was agreed th at the Director-General's  report at the present 
meeting on the activities of the TNC (Job(09)/1 73) would be annexed to the present report. WT/GC/121 
Page 26  
 
  241. The Chairpersons of the Council for Trade in Goods and the Council for Trade in Services 
then spoke. 
242. The General Council took note of the statements.
 24 
24. Election of Chairperson (WT/GC/M/118) 
243. At the General Council meeting on 3 February 2009 , the Chairman, as the outgoing presiding 
officer of the General Council, made a brief statement. 
244. The General Council then unanimously elected Mr Matus (Chile) to the Chair. 
245. The Director-General, the newly-elected Chairman, and the representatives of the 
United States; Cuba (on behalf of GRULAC); Ma uritius (on behalf of the ACP Group); Brazil (on 
behalf on the G-20); Egypt (on behalf of the Afri can Group); New Zealand; Thailand (on behalf of 
ASEAN Members); Tanzania (on behalf of the LD Cs); Hong Kong, China; Peru; India; Norway; 
Mexico; Turkey and Nigeria spoke. 
246. The General Council took note of the statements. 
_______________ 
  
                                                     
 
 24 In a fax dated 18 March, the Chairman informed delegations of his intention to start consultations 
regarding the appointment of a successor to Mr Falconer (New Zealand), Chairman of  the Special Session of the 
Committee on Agriculture, who had been recalled to his capital to take up another appointment.  On the basis of his consultations, the Chairman subsequently informed delegations in a fax dated 8 April of a consensus among 
Members to appoint Mr Walker (New  Zealand) as Chairman of the Special Session of the Committee on 
Agriculture. 
In a fax dated 27 March, the Chairman informed delegations of his intention to start consultations 
regarding the appointment of a succes sor to Mr Balihuta (Uganda), Chairm an of the Committee on Balance-of-
Payments Restrictions.  On the basis of his consultations, the Chairman subsequently informed delegations in a fax dated 1 May of a consensus among Members to appoint Mr Mwape (Zambia) as Chairman of the Committee 
on Balance-of-Payments Restrictions. 
In a fax dated 29 June, the Chairman informed delegations of his intention to start consultations 
regarding the appointment of a succes sor to Mr Baah-Duodu (Ghana), Ch airman of the Working Group on 
Trade and Transfer of Technology, who had been recalled to  his capital to take up another appointment.  On the 
basis of his consultations, the Chairman subsequently informed delegations in a fax dated 3 July of a consensus among Members to appoint Mr Owade (Kenya) as Chairman of the Working Group on Trade and Transfer of 
Technology.  WT/GC/121 
 Page 27 
 
 
  ANNEX 
 
GENERAL COUNCIL 
 
Tuesday, 17 November 2009 
 
Agenda Item 1 – Report by the Chairman of the Trade Negotiations Committee  
 
 
Since my last report to the General Council on 20 October I have met with the Negotiating 
Chairs and the General Council Chairman on a number of occasions to exchange views on the overall process and to coordinate activities so as to facilit ate the work of delegations. You will all have 
received the organizational fax on 10 November outlin ing the schedule of meetings during the Senior 
Officials' Week. The Negotiating Chairs, the Genera l Council Chairman and I are still fine-tuning this 
programme with a view to ensure predictability, in clusiveness and transparency in the context of an 
intensive meeting schedule. There may be a few mi nor changes to the overall schedule of meetings 
and I intend, if necessary, to outline these at the informal TNC on 23 November.  
 Before I provide you with a brief overview of the state-of-play and outlook of the negotiating 
groups, let me pay tribute to the Negotiating Chairs for their work and commitment.  The past year 
has been one of modest, but nevertheless progress in  all areas of negotiations, albeit of a different 
type. In some cases progress has meant a better understanding of positi ons; in some other, however, 
there has been tangible progress and we are about to capture this in a draft negotiating text, as is the 
case with trade facilitation.  
  Before the year ends we still have two weeks of  Senior Official engagement which need to be 
used to continue to move the ball forward. What is clear is that if we are to conclude this Round in 
2010 as you have pledged to, we will need to take a hard look at were things stand early in the new 
year and map the road that would lead us to a successful result.  
  
 With your permission I will report at slightly gr eater length than normal, in order to include a 
brief review of the year's progress in each area.  I be lieve this may be useful to prepare the up-coming 
Ministerial Conference.   
 Let me now turn to a brief overview of each of the negotiating areas: 
 
AGRICULTURE 
 
Following his appointment in April as the ne w Chair of the Committee on Agriculture in 
Special Session, Ambassador Walker held detailed consultations with Members to determine where 
useful progress could be made, particularly in light  of the subsequent renewed political mandate from 
the G20 in London and the G8 in L'Aquila.  Th e consultations included Room E and open-ended 
informal meetings of the negotiating group, resultin g in a steady programme of technical work and 
further discussions on outstanding issues in the texts be fore the negotiators.  It has become clear that 
work in agriculture is proceeding with th e support of Members on a two-track approach. 
 
One track, template work, is advancing well, w ith substantive contributions from Members.  
Step 1 of this template work concerns the identif ication of base date and appropriate tables;  it is 
expected to conclude this month with Step 2 then to  start, namely the preparation of templates to be 
used for scheduling.  This technical  work will continue with every prospect that it can conclude early 
in the new year. 
 WT/GC/121 
Page 28  
 
  The other track of work in agriculture is the Chair's informal consultations on the bracketed 
and otherwise annotated issues in the draft modaliti es and associated documentation.  There have been 
discussions on domestic support – where again it is clear that a solution on cotton is fundamental – and on market access issues, including useful wo rk on sensitive products, tariff cap, TRQ expansion 
and tariff simplification.  Starting this week the Chair's consultations will branch the S&D issues in 
the modalities with then an opportunity in December a nd early in the new year to return to some of 
these matters. 
 In sum, the work on agriculture is engage d, has the support of Members and holds the 
prospect, given political will, of moving towards agreed modalities in the new year.  But there 
remains quite a bit of work to do and I strongly urge you to continue in this vein, to keep the level of 
ambition knowing that all issues need to be resolved to conclude the work. 
 
NAMA 
 
 Turning to the Negotiating Group on Market Acce ss, the main activities of the year that I 
would report on are as follows:    The Group has spent a substantive amount of time during the year on non-tariff barriers.  During the course of the four NTB dedicated sessions held this year, Members were able to deepen 
their understanding of the NTB proposals through questions and answer sessions, and discussion – a 
useful first stage.  Additionally, workshops have been organized by the sponsors of some of these 
proposals in these NAMA weeks in order to furt her enhance Members' understanding of their 
proposals.  More recently and as a follow-up to the l ast senior official meeting, the Chairman of the 
Negotiating Group has been engaging in a series of consultations with a view to seeing how we can 
narrow differences among delegations on these texts.  I believe that the discussions have been good 
with real engagement.   
  You will also recall from my July report that  the Negotiating Group has spent time this year 
on the technical exercise of scheduling.  A Work shop on Electronic Negotiating Files was organized 
in July, and this exercise was repeated during th e recent Geneva week.  I would also note that 
"scheduling" is now a regular component of all NAMA-related technical assistance programmes.  
Next week senior officials will also be getting a t aste of "scheduling". In any case, it is a complex but 
essential exercise  and delegations need to be familiar  with the contents of these electronic negotiating 
files.    Turning to sectorals, during the year, the sector al negotiation has been led by the sponsors of 
such initiatives. They have undertaken technical work which has then been used  in outreach activities.  
In this regard, information sessions have been c onducted by the sponsors on their various proposals 
during the NAMA weeks. Members ha ve been kept appraised of th is work through reports by the 
sponsors in the open-ended transparency sessions.  At th is stage I think it would be fair to say that 
results are "subliminal", to borrow an expression u sed by a Minister at the recent APEC meeting. 
 
 Regarding the next steps, a NAMA week has b een scheduled for the  week of 7 December.  
The focus will be NTBs and the hope is that di scussions will be pursued on the basis of updated NTB 
textual proposals which  take account of the co mments exchanged during the previous months.   
 
SERVICES 
  During 2009, there has been only incremental progress in the services negotiations.  Members 
agreed early in the year to con tinue work on the basis of the ro admap contained in the July 2008 
services text.  On the market access side, work h as concentrated on technical discussions, in small 
groups and bilaterals, largely aimed at  clarifying signals made at the July 2008 Ministerial gathering.   WT/GC/121 
 Page 29 
 
 
  On GATS rules, progress has been mi nimal in the three areas of subsidies, emergency safeguards, and 
government procurement.  In domes tic regulation, negotiations have continued on the basis of a Chair 
draft.  On the implementation of LDC modalities,  a small group of Members has been discussing a 
draft text of a waiver, which I understand w ill soon be forwarded to the Special Session.  
  
 It is clear that the services negotiations can  only proceed in tandem with those in the other 
areas of the DDA.  Progress will therefore depend on  the extent that progress is achieved in 
agriculture and NAMA.  There is also a need fo r balance within the services negotiations, between 
market access and rule making.  On market access, there is clear room for offers to be improved, 
while in rule making further progress needs to be  made, especially with respect to the text on 
domestic regulation presently under discussion.  And in  my view we should be able to make headway 
on the issue of the implementation of LDC modalities soon.   The next services cluster is planned for the week  beginning 8 February.  It  is intended to be a 
negotiating week similar to that held on 9 Novemb er, but will hopefully seek to capture any direction 
of the negotiations given by Members over the next few weeks. 
 
RULES   
 Regarding rules, the Chairman circulated ne w draft texts on anti-dumping and subsidies, as 
well as a roadmap on fisheries subsidies, in late  December 2008.  Thus the Negotiating Group has 
focused its efforts in 2009 to wo rking through these documents.  To this end, the Group has continued 
to meet intensively and on the substance in open- ended format in week-long clusters in February, 
May, June, September and October 2009.     The process has been long and sometimes tedious , but the work has advanced.  The Group is 
likely to have completed its first review of the ho rizontal subsidies text by December, immediately 
after the Ministerial, and to be near completion of  its review of the anti-dumping text.  On fisheries 
subsidies, it will complete discussion of the roadma p in December and begin consideration of new 
proposals by Members some of which are already in  the pipeline.  It has also completed a first 
discussion of possible transposition in the contex t of differences between the provisions on anti-
dumping and countervail.  Next week, the Group will meet in open-ended session with Senior 
Officials to take stock across the board in the Rules area.     
  There has been some progress on technical issues, and the Group has advanced on some of the preparatory work necessary for conclusion of the Round. There has not however been any signs of 
significant convergence on major political issues. The level of engagement to seek convergence on 
such issues has been extremely limited so we will need a renewed level of commitment by all 
Members if we are to bring our work to a successful conclusion.   With respect to Regional Trade Agreements , the Negotiating Group has not met since early 
2007, although there have been small group meet ings among interested Members and between 
interested Members and the Chair. 
 
 As we all know, the Negotiating Group has alr eady produced a good result in this area with 
the adoption of the new Transparency Mechanism on  RTAs which has been operating successfully.  It 
now remains for the Group to review it and agree to make it into a permanent WTO instrument.  
 
 Negotiations on systemic issues of RTAs have  unfortunately not progressed and I understand 
that the Chair intends to discuss ways of reinvigor ating these negotiations with Senior Officials next 
week. One cannot but be perplexed by the limited fo cus by Members over this major systemic issue 
for the multilateral trading system, especially if one compares it to the flurry of academic activity on 
this same topic.  WT/GC/121 
Page 30  
 
  CTD SS 
 
 On special and differential treatment, work in  the Special Session, this year, has focused on 
the Monitoring Mechanism.  This  work, which has largely taken place in small group format, has been 
carried out on the basis of the Chairman's non-pa per which he tabled in May 2009.  Periodic open-
ended meetings have also been held to inform th e wider Membership of the progress.  The Chairman 
has recently revised his non-paper which will now form the basis of work on the Monitoring 
Mechanism.      While some progress has been made on elemen ts of the Monitoring Mechanism, there are 
still a number of areas where Members will need to fo cus their efforts in order to reach convergence.  
In particular, discussions are continuing on the sc ope of the Mechanism and on the sequencing of the 
monitoring process.  There are some other issu es, including those relating to the objectives and 
mandate of the Mechanism, which would also need to be fine tuned.    
 In the coming months, the Chairman intends to  continue concentrati ng on closing these gaps 
on the basis of his revised non-paper.  In addition, he  is keeping open the possibility of reverting back 
to the Agreement-specific proposals, depending largely on Members putting forward new ideas and 
language that will enable progress to be made on these  proposals.  The Chairman  has also informed 
me that he will be working in clos e collaboration with the relevant Ch airpersons to determine the best 
way to make progress on the Category II proposals which are being addressed in other WTO bodies.   
 
TRIPS SS 
 
The Special Session of the Council for TRIPS, which deals with the multilateral system of 
notification and registration of geogr aphical indications (GIs) for wine s and spirits – in short, 'the 
Register' – held three formal meetings so far this year, and is scheduled to hold another on 27 
November.  Between the formal meetings, the Chair has consulted delegations in various settings. The 
discussions took up the three categories of issues identified in the Chair's report of mid-2008: 
 
• consequences/legal effects of regi strations and participation;   
• notification and registration;   
• and other issues such as fees, costs and administrative burdens, in particular for developing 
and least-developed country Members, and special and differential treatment.   
 
The Chair has signalled a need for the group to move from the re-statement of known 
concerns and established positions, towa rds a substantive, structured negotiation.  He has, therefore, 
structured the discussions since June around a list of four questions drawn up on his own responsibility.  The two first questions relate to c onsequences/legal effects of the Register, the third 
question concerns Members' participation in the Register, and the last addresses Special and 
Differential Treatment.  
  The issue of consequences/legal effects con tinues to be the core of the discussions.  
Several delegations have very u sefully explained what the implementation of the proposed systems 
would entail in their current domestic laws, e.g. how  the information on the Register could be taken 
into consideration or account.  There is a serious di vision between delegations as to whether the entry 
of a geographical term on the Register by one member should produce a prima facie evidence of the eligibility of that term for protection as a GI in an y other Member.  Further progress in discussing the 
other questions of the Chair's list and issues such as fees, costs or administrative burdens largely 
depends on the resolution of the major stumb ling block of consequences/legal effects. 
  WT/GC/121 
 Page 31 
 
 
  Ambassador Clarke is now preparing a handover report in view of the formal meeting next 
week and will be consulting delegations in the co ming days.  In addition to reporting on the work 
hitherto achieved, he would, based on the discussions  he has conducted, seek to identify in his report 
the areas where there seems to be some convergence of views and those where differences remain.   
 
TRADE FACILITATION  
 Good progress has been made this year on Trade Facilitation and the outlines of a new 
Agreement are beginning to take sh ape.  In the first six months of the year, the Negotiating Group 
built on its compilation of Members' proposals, and comments on those proposals.   
 
 In September, Members agreed to take their wo rk to the next level by drafting a consolidated 
negotiating text.  That process has proceeded well, under the Chairmanship of Ambassador Sperisen-
Yurt and with the assistance on the issue of S&D of  the Friend of the Chair, Matthew Wilson of 
Barbados.  Last week, the Negotiating Group completed its review of all issues  in its mandate and a 
draft consolidated negotiating text will be issued in the next few days.   
  
ENVIRONMENT 
 
 In Trade and Environment, Members agreed to  continue working on the basis of the Work 
Programme contained in the July 2008 Chair's Repor t. With respect to the relationship between WTO 
and MEAs, a process of consultations has been initia ted to clarify further the areas of convergence 
and outstanding issues with the objective of preparing for text ‑based negotiations.  
 
 On Environmental Goods and Services, Member s had exchanged ideas and examined in more 
detail key environmental sectors at a workshop held  in September. This has provided a useful basis 
for the next phase under the Work Programme, wh ere delegations are expected to identify 
environmental goods of interest and put  forward concrete proposals on cross ‑cutting and 
development related issues, without prejudice to Members' positions.   
  This exercise has formally started and a few c ontributions have already  been made by certain 
Members, while others have given indications that work is still being undertaken in capitals to come 
forward with submissions on goods of interest and on cross ‑cutting issues. The CTESS will be 
meeting later this week and again in mid ‑February to continue negotiations pursuant to the Work 
Programme. The discussions will require engagement  on a broad basis and substantive inputs from 
Members for a successful outcome to be achieved in the negotiations. Hopefu lly, there is scope for 
further technical work to be undertaken in this area and linkages with other areas of the negotiations 
should not prevent this work from going forward."   DISPUTE SETTLEMENT  
In 2009, the Chairman of the DSB Special Session continued his series of week-long group 
consultations with interested delegations.  The consultations aimed at addressing the universe of 12 
issues covered in the text that the Chairman issu ed in July 2008, and were based on the drafting 
proposals reflected in that text.  Each week of c onsultations ended with a brief informal meeting of 
the DSB Special Session, where the Chairman re ported back to the Membership at large and 
discussed the steps ahead.    
Three of the 12 issues have not been covered in  the consultations this year;  they will be 
addressed at a further week of consultations sche duled for January.  Following that discussion, the 
Special Session will have covered the complete uni verse of 12 issues addressed in the Chairman's 
Text of July 2008.  Accordingly, at that point th e Special Session will take stock of the progress made WT/GC/121 
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  since the issuance of the Chairman's Text, and assess how it can move forward towards a prompt 
conclusion of the DSU negotiations as mandated by Ministers in Hong Kong. 
 
Discussions in 2009 have been useful, but still much remains to be done to bridge the 
differences on the drafting language reflected in th e Chairman's Text.  During the coming weeks and 
early next year, the Chairman will consult with de legations individually and in groups on how to 
adjust the negotiating process with a view to  successfully concluding the DSU negotiations." 
 
GIs AND CBD  
Turning to the two TRIPS issues on which I have  been mandated to pursue consultations as 
Director-General - the relationship between TRIPS and the CBD and the extension of Article 23 GI 
protection - I can report continued progress in work ing through the substantive issues, although we 
are plainly not on the verge of a breakthrough either  on the modalities of how we are to take forward 
these issues beyond the consultation process nor on th e content of what a substantive outcome would 
look like. That is not to minimize, however, the si gnificance and value of the concrete, focussed and 
thoughtful dialogue that we are conducting. As for al l participants on both issues I sense that we have 
a clearer grasp of the central policy issues and legal options, and the concerns and interests that drive 
Members' positions in these sensitive policy areas.   
We are halfway through the current phase of work , that is a series of thematic clusters of 
questions posed by participating Members, with th e next set of consultations now scheduled for 9 
December expected to work through the remaining clusters . Then, we will have to consider 
realistically where we stand, what we have learne d from the process so far, how we can harvest in a 
usable form the understanding gleaned from these consultations, and then how to build on this 
foundation in the new year.   RECENT CONSULTATIONS  
 Let me also briefly report to you on my r ecent participation in meetings of African Trade 
Ministers in Cairo as well as my discussions with the Trade Ministers of APEC.  At both of these meetings I briefed Ministers on the state-of-p lay of the DDA negotiations in Geneva as well 
preparations for the Ministerial Conference.  I st ressed that the timing of this meeting was very 
opportune because it would allow Members to send a very clear and strong political message that 
concluding the DDA in 2010 remains a priority and that the work programme until the end of this 
year should provide the launch-pad for a further intensification and a further push towards modalities 
in the first quarter of next year. The message that I have taken back from these meetings is one of re-
commitment to the conclusion of the DDA in 2010 a nd wider-scope recognition of the important role 
of the WTO in exiting the crisis. 
 
THE MINISTERIAL CONFERENCE  
 Mr. Chairman, in less than 2 weeks your Minister will be calling the 7
th Ministerial 
Conference to order and open the proceedings. It will be  the first time in almost 4 years that we bring 
together our political masters to review the activiti es of the multilateral trading system and provide the 
necessary guidance to the instituti on for the next few years.  In other words, the forthcoming 
ministerial gathering is long over due.  
 We have all agreed that this regular Mini sterial Conference will not be a negotiating session 
and that the DDA is on its own, separate track. At the same time, I think we agree that what is needed 
more than anything in the current economic situa tion is a platform for ministers to review the 
functioning of this house in its entirety and to re new their commitment to a strong, well functioning 
multilateral trading system.  The DDA clearly ranks among such issues. I see the upcoming  WT/GC/121 
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  Ministerial Conference as a unique occasion for the WTO membership to send a number of strong 
signals to world with respect on the entire WTO waterfront of issues - from monitoring and surveillance to disputes, accessions, Aid for Trade, te chnical assistance and international governance.  
On this latter point, I think we have a collective in terest in setting a positive and constructive tone for 
international cooperation ahead of the C limate Change Summit in Copenhagen.  
 
 I hope the presence of Senior Official in Gene va next week will set the stage for a positive 
Ministerial Conference. I believe we all have an in terest in taking a constructive, yet lucid assessment 
of the engagement in the Geneva process across the board of the DDA to the conference.  This would 
be conducive to a successful ministerial meeting a nd towards facilitating the political commitment we 
will need to conclude the Round next year.  
  Finally, you will have seen the schedule of meetings for the up-coming Senior Officials' 
Week. To provide delegations with a certain amount of predictability for that week and to ensure a 
high degree of transparency and inclusiveness I intend to hold an informal TNC on Monday 23 
November in the afternoon.  At the end of the week , on Friday 27 November, I will also be holding an 
informal TNC to "wrap up", so to speak, the Seni or Officials' Week and to provide my assessment of 
the week's activities.  That assessment will, of course , also be circulated to delegations ahead of the 
Ministerial Conference in order to help set the tone for the principles of Full Participation, 
Inclusiveness and Transparency that you, Mr. Chairman, have identified for the meeting. 
 
 This concludes my last report today, Mr Chairman.  It is a bit longer than is normally the case, 
but I thought it would be important to provide Memb ers with a somewhat more comprehensive re-cap 
of where we are at this juncture.  
__________