Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the World Trade Organization’s 14th Ministerial Conference
Date: 2026-01-20
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: World Trade Organisation, cotton, electronic commerce, farming sector, food security, investment promotion, least-developed country, ministerial meeting, multilateral agreement, settlement of disputes

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 20.1.2026  COM(2026) 8 final 2026/0005 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the World Trade Organization’s 14th Ministerial Conference  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns the decision establishing the position to be taken on the Union's behalf 
in  the  14th  Ministerial  Conference  of  the  World  Trade  Organization  in  connection  with  the 
envisaged adoption of several decisions. 

2. 

2.1. 

CONTEXT OF THE PROPOSAL 

The  Agreement  Establishing 
Agreement")  

the  World  Trade  Organization 

("WTO 

The Agreement Establishing the World Trade Organization (‘the WTO Agreement’) aims to 
achieve the objectives mentioned in  the preamble to  the Agreement. The  agreement  entered 
into force on 1 January 1995. 
The European Union (EU) is a party to the Agreement.1 All 27 EU Member States  are also 
parties to the Agreement. The WTO may take decisions in accordance with the procedures set 
out in the WTO Agreement. 

2.2. 

The Ministerial Conference of the World Trade Organization 

The  Ministerial  Conference  is  the  highest  decision-making  body  of  the  WTO  and  meets  at 
least once every two years. As a matter of law and practice, decisions are taken by consensus.  

The next meeting of the Ministerial Conference will take place in Yaoundé, Cameroon, on 26-
29 March 2026. This will be the WTO’s 14th Ministerial Conference (‘MC14’). 

2.3. 

The envisaged acts of the WTO Ministerial Conference  

MC14 may adopt decisions regarding: 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

1 

Dispute settlement reform 

Fisheries subsidies 

Food security 

Domestic support in agriculture  

Public stockholding for food-security purposes 

Export restrictions in agriculture 

Export competition in agriculture 

Market access in agriculture 

The special safeguard mechanism (‘SSM’) in agriculture 

Cotton 

Special and differential treatment  

Least-developed  countries  graduation  proposal  -  support  measures  in  a  number  of 
specified WTO agreements and decisions  

Council  Decision  94/800/EC  of  22  December  1994  concerning  the  conclusion  on  behalf  of  the 
European  Community,  as  regard  matters  within  its  competence,  of  the  agreements  reached  in  the 
Uruguay Round of multilateral negotiations (1986-1994) OJ L 336 23.12.1994, p. 1. 

EN 

1 

  EN 

 
13. 

14. 

15. 

16. 

Agreement on Electronic Commerce 

Agreement on Investment Facilitation for Development  

Request for granting a WTO waiver 

Establishment of an additional Committee on emerging technologies 

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

The objective of this proposal is to enable the EU to join a possible consensus in the WTO on 
the adoption by the Ministerial Conference of the envisaged acts.  

While it is not yet clear if, and to what extent, WTO Members will be able to reach consensus 
on  the  envisaged  acts,  the  EU  position  at  MC14  has  to  be  established  in  advance  by  the 
Council pursuant to Article 218(9) TFEU.2  

It should be noted that the EU position to support the extension of the moratorium on customs 
duties on electronic transmissions and the extension of the moratorium on complaints of the 
types  provided  for  under  subparagraphs  1(b)  and  1(c)  of  Article  XXIII  of  the  General 
Agreement  on  Tariffs  and  Trade  1994  (non-violation  and  situation  complaints)  will  not  be 
included  in  this  proposal,  as  Council  Decision  (EU)  2015/2236  of  27  November  2015 
provides  that  this  can  be  done  on  an  indefinite  basis.  The  current  proposal  covers  the 
following issues on which decisions may be taken: 

• 

• 

2 

Dispute  settlement  reform:  At  MC13  in  Abu  Dhabi,  WTO  Ministerial  decision 
(WT/MIN(24)/37) recognised the progress made in the informal process  on dispute 
settlement  reform  and  instructed  officials  to  accelerate  discussions  to  achieve  the 
objective of having a fully and well-functioning dispute settlement system accessible 
to all Members by 2024 as was set forth already at MC12. This did not happen “by 
2024”  and  the  prospects  for  an  outcome  at  MC14  are  low.  However,  a  fully-
functionning dispute settlement system in the WTO remains a priority for the Union. 
The  Union  should  therefore  support  a  meaningful  reform  of  the  dispute  settlement 
system  in  order  to  address  the  interests  of  Members,  while  preserving  its  core 
features  which  support  the  rules-based  multilateral  trading  system.  Should  there  be 
such an agreed outcome, the Union should support it. 

Fisheries  subsidies:  The  WTO  Ministerial  Decision  of  17  June  2022 
(WT/MIN(22)/33)  adopted  the  Agreement  on  Fisheries  Subsidies  and  at  the  same 
time  called  to  achieve  a  comprehensive  agreement  on  fisheries  subsidies.  The 
Agreement  on  Fisheries  Subsidies  entered  into  force  on  15  September  2025  and  if 
comprehensive disciplines are not adopted within four years of the entry into force of 
this  Agreement,  and  unless  otherwise  decided  by  the  General  Council,  this 
Agreement  shall  stand  immediately  terminated.  The  WTO  is  striving  to  reach  a 
multilateral  agreement  on  additonal  provisions  that  would  achieve  comprehensive 
disciplines. Should negotiations on additional provisions be succesful, the EU should 
support an agreed outcome. 

To the extent that, contrary to the current expectations, the consensus was formalised in an international 
agreement  amending  the  WTO  Agreement  or  in  a  plurilateral  international  agreement  among  some 
WTO  Members,  the  Commission  would  make  the  necessary  proposals  in  accordance  with  Article 
218(6) TFEU following the adoption of the texts and their opening for acceptance by the MC14 or by 
the WTO Members concerned during MC14.  

EN 

2 

  EN 

 
• 

• 

• 

• 

• 

Food  security:  WTO  action  is  needed  in  response  to  current  food  security 
challenges, aggravated by the consequences of Russia’s unprovoked and unjustified 
war  of  aggression  in  Ukraine,  in  a  context  of  global  climate  and  environmental 
challenges.  Food  security  is  expected  to  be  an  element  of  discussion  at  MC14. 
Moreover, Ministers at MC12 endorsed a Declaration on the Emergency Response to 
Food  Insecurity (WT/MIN(22)/28,  WT/L/1139)  which instructed the Committee on 
Agriculture  to  undertake  a  dedicated  work  programme  to  examine  ways  for  the 
Decision  on  Measures  Concerning  the  Possible  Negative  Effects  of  the  Reform 
Programme  on  Least-Developed  (LDCs)  and  Net  Food-Importing  Developing 
Countries  (NFIDCs)  (Marrakesh  Decision)  to  be  made  more  effective  and 
operational. At the same time, the Members were instructed to consider the needs of 
LDCs,  and  NFIDCs  to  increase  their  resilience  in  responding  to  acute  food 
instability,  including  by  considering  the  best  possible  use  of  flexibilities  to  bolster 
their agricultural  production and enhance their domestic food security as needed in 
an  emergency.  Members  have  collectively  set  a  timeline  of  end-November  2023  to 
conclude a work programme and arrive at some common recommendations. In April 
2024, Members adopted a report on the work programme (G/AG/38) containing a set 
of  recommendations  and  conclusions.  Should  there  be  an  outcome  as  follow-up  to 
this work, the EU should support such agreed outcome. 

Domestic support in agriculture: Negotiations on trade-distorting domestic support 
are  embedded  in  Article  20  of  the  WTO  Agreement  on  Agriculture  and  have  been 
part  of  the  Doha  Development  Agenda  (DDA)  mandate,  as  embodied  in  the  Doha 
Ministerial  Declaration  of  14  November  2001  (WT/MIN(01)/DEC/1).  Should  the 
negotiations be successful, the EU should support an agreed outcome 

Public stockholding for food security purposes: Negotiations aim at agreeing on a 
'permanent  solution'  fulfilling  the  goal  set  out  in  the  Bali  Ministerial  Decision  of  7 
December  2013  on  Public  Stockholding 
for  Food  Security  Purposes 
(WT/MIN(13)/38-WT/L/913),  as  interpreted  by  the  subsequent  General  Council 
Decision of 27 November 2014 (WT/L/939). This goal was repeated in the Nairobi 
Ministerial Decision of 19 December 2015 (WT/MIN(15)/44-WT/L/979). Should the 
negotiations be successful, the EU should support an agreed outcome. 

Export  restrictions  in  agriculture:  At  the  12th  Ministerial  Conference  held  in 
Geneva, WTO members endorsed the landmark Ministerial Decision on World Food 
Programme  Food  Purchases  Exemption  from  Export  Prohibitions  or  Restrictions 
(WT/MIN(22)/29,  WT/L/1140).  Many  Members  support 
further  enhanced 
transparency and predictability of the export prohibitions and restrictions, as well as 
improvements to relevant disciplines. Should the negotiations be successful, the EU 
should support an agreed outcome. 

Export  competition  in  agriculture:  The  2015  Nairobi  Ministerial  Decision  of  19 
December  (WT/MIN(15)/45)  abolished  export  subsidies  and  set  disciplines  on 
other  measures  with  equivalent  effect.  Negotiations  in  this  area  currently  focus  on 
improvements  to  transparency  and  further  disciplines  in  export  competition.  The 
adoption of the report of the triennial review and the decision on export competition 
notification  requirements  and  formats  adopted  in  December  2024  (G/AG/39)  is 
considered  a  positive  step 
to  monitoring  potential 
circumvention  of  the  disciplines.  Should  the  negotiations  be  successful,  the  EU 
should support an agreed outcome. 

forward  contributing 

EN 

3 

  EN 

• 

• 

• 

• 

• 

• 

Market  access  in  agriculture:  Negotiations  on  market  access  for  substantial 
progressive  reductions  in  protection  are  embedded  in  Article  20  of  the  WTO 
Agreement  on  Agriculture  and  have  been  part  of  the  Doha  Development  Agenda 
(DDA) mandate, as embodied in  the Doha Ministerial Declaration of 14 November 
2001  (WT/MIN(01)/DEC/1).  Should  the  negotiations  be  successful,  the  EU  should 
support an agreed outcome. 

Special  safeguard  mechanism  (SSM)  in  agriculture:  Negotiations  on  the  Special 
Safeguard Mechanism (SSM) in agriculture have continued pursuant to the proposals 
on  the  table  and  the  Nairobi  Ministerial  Decision  (WT/MIN(15)/43  -  WT/L/978). 
Should the negotiations be successful, the EU should support an agreed outcome. 

Cotton:  Negotiations  on  cotton  have  continued  in  the  framework  set  up  in 
paragraphs 5, 6 and 7 of the Bali Ministerial Decision on Cotton (WT/MIN(13)/41 - 
WT/L/916)  and  in  paragraph  14  of  the  Nairobi  Ministerial  Decision  on  Cotton 
(WT/MIN(15)/46 - WT/L/981). Should the negotiations be successful, the EU should 
support an agreed outcome.  

Special  and  differential  treatment  (SDT):  Negotiations  on  SDT  provisions 
including  in  the  context  of  discussions  of  some  proposals  by  the  G-90  (African 
Group, African, Caribbean and Pacific Group of States, LDC Group) in areas such as 
subsidies,  trade-related  investment  measures  (TRIMS)  and  transfer  of  technology 
within  trade-related  aspects  of  intellectual  property  rights  (TRIPS)  may  result  in  a 
ministerial  outcome  at  MC14  for  example  by  clarifying  existing  provisions  or 
granting  additional  SDT  for  Least-Developed  Countries  (LDCs)  and  certain 
developing countries, and the EU should support such outcome. However, given the 
divergence of positions in the negotiations, the EU sees  also as a possible outcome 
that  these  topics  become  part  of  a  post-MC14  work  programme  or  other  outcomes 
that would not imply changing the WTO agreements.  

Least-developed countries graduation proposal - support measures in a number 
of  specified  WTO  agreements  and  decisions:  Negotiations  are  ongoing  on 
proposals by the LDC Group on support measures for a smoother transition for WTO 
members graduating from the LDC category: extend for an appropriate time-period 
SDT provisions in a number of specified WTO agreements and decisions, notably on 
the Agreements on Subsidies and Countervailing Measures (ASCM), Trade-Related 
Aspects  of  Intellectual  Property  Rights  (TRIPS)  and  Agriculture.  Should  a 
ministerial  outcome  be  necessary,  the  EU  should  support  an  agreed  outcome.  Such 
an outcome could extend certain LDC provisions to recently graduated countries for 
a strictly limited period of time. 

Agreement  on  Electronic  Commerce:  Negotiations  on  the  Agreement  on 
Electronic  Commerce  began  in  January  2019  with  the  launch  of  the  WTO  Joint 
Initiative  on  Electronic  Commerce  (‘e-commerce  JSI’).  The  negotiations  aimed  to 
establish  a  set  of  basic  international  trade  rules  for  digital  trade  to  promote  and 
facilitate  digital  transactions.  On  26  July  2024,  after  five  years  of  negotiation, 
participants  in  the e-commerce JSI reached  a stabilised text of the Agreement. The 
Agreement  comprises  trade  disciplines  to:  (1)  facilitate  digital  trade  across  borders 
(e.g., paperless trading, electronic contracts, electronic authentication and electronic 
signatures);  (2)  improve  trust  in  the  digital  trade  environment  (e.g.,  unsolicited 
commercial electronic messages, online consumer protection, cybersecurity, or open 
internet  access);  and  (3)  promote  a  reliable  international  digital  trade  environment 
(e.g.,  electronic  payments  or  telecommunications  services).  The  Agreement  also 

EN 

4 

  EN 

includes a permanent prohibition of customs duties on electronic transmissions, a key 
commercial priority for the EU industry. The Agreement on Electronic Commerce is 
set  to  become  part  of  the  WTO  legal  framework  as  a  plurilateral  agreement, 
incorporated  into  Annex  4  of  the  WTO  Agreement  and  the  Union  should  support 
such incorporation. Council Decision (EU) 2025/915 of 12 May 2025 established the 
position  to  be  adopted  on  behalf  of  the  Union  on  this  issue  within  the  General 
Council3. However, the proposal submitted to the General Council in February 2025, 
was rejected by a small number of Members. It  will be  reconsidered at the General 
Council meeting in December 2025. If needed, the Union should also be able to join 
the consensus on this issue at MC14.  

Agreement  on  Investment  Facilitation  for  Development:  Negotiations  for  the 
Agreement  on  Investment  Facilitation  for  Development  were  formally  launched  in 
September 2020 and were finalised in July 2023. The initiative gathers 128 member 
parties,  most  of  which  are  developing  and  least-developed  countries.  It  covers 
disciplines on transparency, streamlining of administrative procedures and domestic 
regulatory coherence which will apply to all sectors of the economy for all measures 
related  to  investment  activities.  At  MC13,  the  Union  was  prepared  to  join  the 
consensus as regards the incorporation of the Agreement on Investment Facilitation 
for  Development  into  Annex  4  to  the  WTO  Agreement4  However,  the  decision  for 
incorporation  was  opposed  at  MC13  by  India,  South  Africa  and  Türkiye.  The 
decision for incorporation was also opposed at the meetings of the General Council 
subsequent  to  MC13.  The  EU  should  support  a  renewed  request  for  incorporation 
into Annex 4 to the WTO Agreement and should be able to join consensus on such 
decision  at  MC14  or,  if  needed,  at  subsequent  meetings  of  the  General  Council 
before the next WTO Ministerial Conference dealing with the same matter.  

Requests  for  granting  a  WTO  waiver:  The  waiver  adopted  under  Decision 
WT/L/970, granted by the WTO on 30 November 2015, allowed the United States to 
provide  duty-free  treatment  to  eligible  products  originating  in  beneficiary  sub-
Saharan  African  countries  designated  pursuant  to  the  African  Growth  and 
Opportunity Act. That waiver expired on 30 September 2025 and no formal request 
for  its  extension  has  been  notified  to  the  WTO.  Should  a  new  waiver  request  be 
submitted,  the  Union  should  support  it,  in  line  with  its  previous  support  for  such 
requests, as reflected in Council Decision (EU) 2015/1942. 

Establishment  of  an  additional  Committee  on  emerging  technologies:  The 
accelerating  pace  of  digital  transformation  and  the  rapid  emergence  of  new 
technologies  such  as  artificial  intelligence,  blockchain,  the  Internet  of  Things,  and 
quantum  computing  have  introduced  new  policy  questions  affecting  international 
trade  that  merit  focused  analysis.  Should  there  be  consensus  at  MC14  on  the 
establishment  of  an  additional  Committee  tasked  with  examining  the  impact  of 
emerging technologies on global trade, the Union should join such consensus. 

Council Decision (EU) 2025/915 of 12 May 2025 establishing the position to be adopted on behalf of 
the European Union in the World Trade Organization as regards the incorporation of the Agreement on 
Electronic Commerce into the Agreement establishing the World Trade Organization (OJ L, 15.5.2025). 
Council Decision (EU) 2024/444 of 29 January 2024 establishing the position to be taken on behalf of 
the  European  Union  in  the  World  Trade  Organization’s  13th  Ministerial  Conference  as  regards  the 
incorporation  of  the  Agreement  on  Investment  Facilitation  for  Development  into  the  Agreement 
Establishing the World Trade Organization (OJ L, 1.2.2024). 

• 

• 

• 

3 

4 

EN 

5 

  EN 

 
Since negotiations are currently ongoing on all elements above, the Commission expects that 
the Council will take its decision on the EU position on the outcome of the negotiations once 
the  situation  regarding  the  relevant  texts  becomes  clear  during  the  Ministerial  Conference 
itself.  

The  initiative  is  fully  consistent  with  existing  policy  provisions.  Similar  decisions  were 
prepared  for  previous  WTO  Ministerial  Conferences,  including  most  recently  for  the  13th 
WTO Ministerial Conference in 2024.  

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by 
an  agreement,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. It also includes instruments that do 
not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’5. 

4.1.2.  Application to the present case 

The  WTO  Ministerial  Conference  is  a  body  set  up  by  an  agreement,  namely  the  WTO 
Agreement, which according to Article IV:1 of the WTO Agreement has the authority to take 
decisions  on  all  matters  covered  under  any  of  the  multilateral  trade  agreements,  including 
decisions having legal effects. 

According to Article IV:2 of the WTO Agreement, in the intervals between meetings of the 
Ministerial Conference, its functions shall be conducted by the General Council. 

The envisaged acts  mentioned above constitute acts  having  legal  effects,  as they may affect 
the rights and obligations of the Union by virtue of international law. 

The  envisaged  acts  do  not  supplement  or  amend  the  institutional  framework  of  the 
Agreement. 

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

4.2. 

Substantive legal basis 

4.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the objective and content of the envisaged act in respect of which a position is taken on the 
Union's  behalf.  If the  envisaged act  pursues two  aims or has two components  and if one of 
those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

5 

Judgment  of 
ECLI:EU:C:2014:2258, paragraphs 61 to 64.  

the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

EN 

6 

  EN 

 
4.2.2.  Application to the present case 

The  main  objective  and  content  of  the  envisaged  acts  relate  to  the  common  commercial 
policy. 

The substantive legal basis of the proposed decision, therefore, is Article 207 TFEU. 

4.3. 

Conclusion 

The  legal  basis  of  the  proposed  decision  should  be  Article  207  TFEU  in  conjunction  with 
Article 218(9) TFEU. 

EN 

7 

  EN 

2026/0005 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the World Trade 
Organization’s 14th Ministerial Conference 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 207(4), first subparagraph, in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  Marrakesh  Agreement  Establishing  the  World  Trade  Organization  (‘the  WTO 
Agreement’)  was  concluded  by  the  Union  by  Council  Decision  94/800/EC  of  22 
December 19946 and entered into force on 1 January 1995.  

Pursuant to Articles IV:1 and IX:1 of the WTO Agreement, the Ministerial Conference 
of the World Trade Organization (‘WTO’) may adopt decisions by consensus. 
The WTO Ministerial Conference, during its 14th meeting scheduled on 26-29 March 
2026,  may  adopt  decisions  on  dispute  settlement  reform,  fisheries  subsidies,  food 
security,  domestic  support  in  agriculture,  public  stockholding  for  food  security 
purposes,  export  restrictions  in  agriculture,  export  competition  in  agriculture,  market 
access  in  agriculture,  special  safeguard  mechanism  (SSM)  in  agriculture,  cotton, 
special  and  differential  treatment,  least-developed  countries  graduation  proposal  - 
Annex  2,  Agreement  on  Electronic  Commerce,  Investment  Facilitation  for 
Development  Agreement,  request  for  granting  a  waiver,  and  establishment  of  an 
additional Committee.  

It is appropriate to establish the position to be taken on the Union's behalf in the WTO 
Ministerial Conference, as the decisions are binding on the Union. 

At MC13 in Abu Dhabi, WTO Ministerial decision (WT/MIN(24)/37) recognised the 
progress  made  in  the  informal  process  on  dispute  settlement  reform  and  instructed 
officials to accelerate discussions to achieve the objective of having a fully and well-
functioning  dispute  settlement  system  accessible  to  all  Members  by  2024  as  was  set 
forth  already  at  MC12.  This  did  not  happen  “by  2024”  and  the  prospects  for  an 
outcome at MC14 are low. However, a fully-functionning dispute settlement system in 
the  WTO  remains  a  priority  for  the  Union.  The  Union  should  therefore  support  a 
meaningful reform of the dispute settlement system in order to address the interests of 
Members, while preserving its core features which support the rules-based multilateral 
trading system. Should there be such an agreed outcome, the Union should support it. 

(6) 

The  WTO  Ministerial  Decision  of  17  June  2022  (WT/MIN(22)/33)  adopted  the 
Agreement  on  Fisheries  Subsidies  and  at  the  same  time  called  to  achieve  a 

6 

OJ L 336, 23.12.1994, p. 1. 

EN 

8 

  EN 

 
comprehensive  agreement  on  fisheries  subsidies.  The  Agreement  on  Fisheries 
Subsidies entered into force on 15 September 20257 and if comprehensive disciplines 
are not adopted within four years of the entry into force of this Agreement, and unless 
otherwise  decided  by  the  General  Council,  this  Agreement  shall  stand  immediately 
terminated.  The  WTO  is  striving  to  reach  a  multilateral  agreement  on  additonal 
provisions  that  would  achieve  comprehensive  disciplines.  Should  negotiations  on 
additional provisions be succesful, the EU should support an agreed outcome. 

(7)  WTO action is needed in response to the current food security challenges, aggravated 
by  the  consequences  of  Russia’s  unprovoked  and  unjustified  war  of  aggression  in 
Ukraine, in a context of global environmental challenges, climate change and related 
natural disasters, loss of biodiversity and pollution. Food security is expected to be an 
element  of  discussions  at  MC14.  Moreover,  the  Ministers  at  MC12  endorsed  a 
Declaration  on  the  Emergency  Response  to  Food  Insecurity  (WT/MIN(22)/28, 
WT/L/1139) which instructed the Committee on Agriculture to undertake a dedicated 
work  programme  to  examine  ways  for  the  Decision  on  Measures  Concerning  the 
Possible Negative Effects of the Reform Programme on Least-Developed (LDCs) and 
Net  Food-Importing  Developing  Countries  (NFIDCs)  (Marrakesh  Decision)  to  be 
made more effective and operational. At the same time, the Members were instructed 
to consider the needs of LDCs and NFIDCs to increase their resilience in responding 
to acute food instability, including by considering the best possible use of flexibilities 
to  bolster  their  agricultural  production  and  enhance  their  domestic  food  security  as 
needed  in  an  emergency.  In  April  2024,  Members  adopted  a  report  on  the  work 
programme (G/AG/38) containing a set of recommendations and conclusions. Should 
there  be  an  outcome  as  follow-up  to  this  work,  the  EU  should  support  such  agreed 
outcome. 

(8) 

(9) 

Negotiations  on  trade-distorting  domestic  support  are  embedded  in  Article  20  of  the 
WTO Agreement on Agriculture and have been part of the Doha Development Agenda 
(DDA)  mandate,  as  embodied  in  the  Doha  Ministerial  Declaration  of  14  November 
2001 (WT/MIN(01)/DEC/1). Should the negotiations be successful, the Union should 
support an agreed outcome. 

Negotiations  on public stockholding  for food security  purposes  aim at  agreeing  on a 
'permanent  solution'  fulfilling  the  goal  set  out  in  the  Bali  Ministerial  Decision  of  7 
December 2013 on Public Stockholding for Food Security Purposes (WT/MIN(13)/38-
WT/L/913),  as  interpreted  by  the  subsequent  General  Council  Decision  of  27 
November  2014  (WT/L/939).  This  goal  was  repeated  in  the  Nairobi  Ministerial 
Decision of 19 December 2015 (WT/MIN(15)/44-WT/L/979). Should the negotiations 
be successful, the Union should support an agreed outcome.  

(10)  At  the  12th  Ministerial  Conference  held  in  Geneva,  WTO  members  endorsed  the 
landmark Ministerial Decision on World Food Programme Food Purchases Exemption 
from Export Prohibitions or Restrictions (WT/MIN(22)/29, WT/L/1140). Negotiations 
on  export  restrictions  in  agriculture  have  shown  that  a  large  part  of  the  WTO 
Membership  supports  further  enhanced  transparency  and  predictability  of  export 
prohibitions  and  restrictions,  as  well  as  improving  relevant  disciplines.  Should  the 
negotiations be successful, the Union should support an agreed outcome. 

7 

OJ L, 2025/1962, 25.9.2025, http://data.europa.eu/eli/notice/2025/1962/oj  

EN 

9 

  EN 

 
(11)  The 2015 Nairobi Ministerial Decision of 19 December (WT/MIN(15)/45) abolished 
export subsidies and set  disciplines on measures  with  equivalent  effect.  Negotiations 
in  this  area  focus  on  improvements  to  transparency  and  further  disciplines  in  export
 competition.  The  adoption  of  the  report  of  the  triennial  review  and  the  decision  on 
export  competition  notification  requirements  and  formats  in  December  2024 
(G/AG/39)  is  considered  a  positive  step  contributing  to  monitoring  potential 
circumvention  of  the  disciplines.  Should  the  negotiations  be  successful,  the  Union 
should support an agreed outcome.  

(12)  Negotiations on market access for substantial progressive reductions in protection are 
embedded in Article 20 of the WTO Agreement on Agriculture and have been part of 
the Doha Development Agenda (DDA) mandate, as embodied in the Doha Ministerial 
Declaration of 14 November 2001 (WT/MIN(01)/DEC/1). Should the negotiations be 
successful, the Union should support an agreed outcome. 

(13)  Negotiations  on  the  Special  Safeguard  Mechanism  (SSM)  in  agriculture  have 
continued pursuant to the Nairobi Ministerial Decision (WT/MIN(15)/43 - WT/L/978). 
Should the negotiations be successful, the Union should support an agreed outcome. 

(14)  Negotiations on cotton have continued in the framework set up in paragraphs 5, 6 and 
7  of  the  Bali  Ministerial  Decision  on  Cotton  (WT/MIN(13)/41  -  WT/L/916  )  and  in 
paragraph  14  of  the  Nairobi  Ministerial  Decision  on  Cotton  (WT/MIN(15)/46  - 
WT/L/981). Should the negotiations be successful, the Union should support an agreed 
outcome in this area.  

(15)  Negotiations  on  SDT  provisions  including  in  the  context  of  discussions  of  some 
proposals  by  the  G-90  (African  Group,  African,  Caribbean  and  Pacific  Group  of 
States,  LDC  Group)  in  areas  such  as  subsidies,  trade-related  investment  measures 
(TRIMS)  and  transfer  of  technology  within  trade-related  aspects  of  intellectual 
property rights (TRIPS) may result in a ministerial outcome at MC14 for example by 
clarifying  existing  provisions  or  granting  additional  SDT  for  Least-Developed 
Countries (LDCs) and certain  developing countries, and the EU should support  such 
outcome.  

(16)  Negotiations are ongoing on proposals by the LDC Group on support measures for a 
smoother transition for WTO members graduating from the LDC category: extend for 
an appropriate time-period SDT provisions in a number of specified WTO agreements 
and decisions, notably on the Agreements on Subsidies and Countervailing Measures 
(ASCM),  Trade-Related  Aspects  of  Intellectual  Property  Rights  (TRIPS)  and 
Agriculture.  Should  a  ministerial  outcome  be  necessary,  the  EU  should  support  an 
agreed  outcome.  Such  an  outcome  could  extend  certain  LDC  provisions  to  recently 
graduated countries for a strictly limited period of time. 

(17)  Negotiations towards an Agreement on Electronic Commerce were formally launched 
in  January  2019.  The  Commission  conducted  the  negotiations  on  behalf  of  the  EU. 
The  participating  WTO  Members  reached  a  stabilised  text  of  the  Agreement  on 
Electronic Commerce on 26 July 2024. The Union supported the incorporation of the 
Agreement into Annex 4 to the WTO Agreement at relevant meetings of the General 
Council. The position to be taken on the Union’s behalf in the 14th WTO Ministerial 
Conference should also be to support the incorporation of the Agreement into Annex 4 
to the WTO Agreement.  

(18)  Negotiations  for  the  Agreement  on  Investment  Facilitation  for  Development  were 
formally launched in September 2020 and were finalised in  July 2023. The initiative 

EN 

10 

  EN 

gathers  128  member  parties,  most  of  which  are  developing  and  least-developed 
countries.  It  covers  disciplines  on  transparency,  streamlining  of  administrative 
procedures  and  domestic  regulatory  coherence  which  will  apply  to  all  sectors  of  the 
economy for all measures related to investment activities. The Agreement was tabled 
as a plurilateral  agreement  to  be incorporated into  Annex  4 to  the WTO  Agreement. 
Such  incorporation  was  supported  by  the  Union  at  MC13  and  subsequent  General 
Council  meetings  but  it  was  opposed  at  MC13  by  India,  South  Africa  and  Türkiye. 
The  position  to  be  taken  on  the  Union’s  behalf  in  the  14th  WTO  Ministerial 
Conference should be to support the incorporation of the Agreement into Annex 4 to 
the WTO Agreement. 

(19)  Pursuant to article IV:2 of the WTO Agreement, in the intervals between meetings of 
the Ministerial Conference, its functions shall be conducted by the General Council. If 
MC14  does  not  take  the  decision  to  incorporate  the  Agreement  on  Electronic 
Commerce or the Agreement on Investment Facilitation for Development into Annex 
4  to  the  WTO  Agreement,  the  Union  should  support  such  incorporation  at  relevant 
meetings  of  the  General  Council.  With  respect  to  the  Agreement  on  Electronic 
Commerce,  the  Union  position  with  respect  to  meetings  of  the  General  Council  was 
established  by  Council  Decision  (EU)  2025/915  of  12  May  20258.  It  is  therefore 
appropriate for this decision to also address, with respect to Agreement on Investment 
Facilitation for Development, also the meetings of the General Council subsequent to 
MC14 and before the next WTO Ministerial Conference dealing with the same matter.  

(20)  The waiver adopted under Decision WT/L/970, granted by the WTO on 30 November 
2015,  allowed  the  United  States  to  provide  duty-free  treatment  to  eligible  products 
originating  in  beneficiary  sub-Saharan  African  countries  designated  pursuant  to  the 
African Growth and Opportunity Act. That waiver expired on 30 September 2025 and 
no formal request for its extension has been notified to the WTO. Should a new waiver 
request be submitted, the Union should support it, in line with its previous support for 
such requests, as reflected in Council Decision (EU) 2015/1942. 

(21)  The  accelerating  pace  of  digital  transformation  and  the  rapid  emergence  of  new 
technologies  such  as  artificial  intelligence,  blockchain,  the  Internet  of  Things,  and 
quantum computing have introduced new policy questions affecting international trade 
that merit focused analysis. Should there be consensus at MC14 on the establishment 
of  an  additional  Committee  tasked  with  examining  the  impact  of  emerging 
technologies on global trade, the Union should join such consensus, 

HAS ADOPTED THIS DECISION: 

Article 1 
The  position  to  be  taken  on  the  Union's  behalf  in  the  14th  session  of  the  WTO  Ministerial 
Conference shall be: 

To  join  the  consensus  reached  among  WTO  Members  with  a  view  to  adopting  decisions 
regarding  dispute  settlement  reform,  fisheries  subsidies,  food  security,  domestic  support  in 
agriculture, public stockholding for food security purposes, export restrictions in agriculture, 
export competition in agriculture, market access in agriculture, special safeguard mechanism 

8 

Council Decision (EU) 2025/915 of 12 May 2025 establishing the position to be adopted on behalf of 
the European Union in the World Trade Organization as regards the incorporation of the Agreement on 
Electronic Commerce into the Agreement establishing the World Trade Organization (OJ L, 15.5.2025). 

EN 

11 

  EN 

 
(SSM)  in  agriculture,  cotton,  special  and  differential  treatment,  least-developed  countries 
graduation  proposal  –  “support  measures”  in  a  number  of  specified  WTO  agreements  and 
decisions  (“Annex  2”),  Agreement  on  Investment  Facilitation  for  Development,  Agreement 
on  Electronic  Commerce,  request  for  granting  a  WTO  waiver  and  establishment  of  an 
additional Committee.  

With  respect  to  Agreement  on  Investment  Facilitation  for  Development,  this  decision  also 
concerns, if necessary, the position to be taken on Union’s behalf at any subsequent meetings 
of  the  General  Council  before  the  next  WTO  Ministerial  Conference  dealing  with  the  same 
matter.  

This Decision is addressed to the Commission. 

Done at Brussels, 

Article 2 

For the Council 
The President 

EN 

12 

  EN