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TWN
Info Service on WTO and Trade Issues (Jul23/19) Geneva, 26 Jul (D. Ravi Kanth) — As the World Trade Organization prepares the ground for its 13th ministerial conference (MC13), to be held in Abu Dhabi on 26-29 February 2024, the chair of the WTO’s General Council has issued a “road map” of meetings focusing largely on WTO reforms in the run-up to MC13, in what appears to be a “top-down” approach aimed at foisting controversial non-mandated issues on the developing countries, said people familiar with the development. At the General Council meeting on 24 July, the General Council (GC) chair, Ambassador Athaliah Lesiba Molokomme of Botswana, announced an accelerated “road map” for crossing “seven stations” (or “milestones”, with possibly an eighth) to reach a successful ministerial meeting at Abu Dhabi. She informed members of her “intention to conduct consultations – before this GC meeting – with all interested Members with a view to finalizing what seemed to be an emerging road map to MC13 on the deliberative function.” During the consultations held with members, the GC chair said that, “Calls were also made to focus work on mandated issues in our rule-making work (negotiations),” adding that members took stock of these at last week’s Trade Negotiations Committee (TNC) meeting. Ambassador Molokomme said, “I also heard the call to focus our efforts on regular work – where we have the opportunity at today’s meeting for a stocktake under respective agenda items, including this one.” She pointed out that “despite this long wish list, I did hear many Members call for pragmatism, realism, prioritisation and avoiding a “Christmas tree” approach, where we have an overcrowding of issues such that we are unable to register achievements on any of them.” Interestingly, the GC chair said that “repeatedly mentioned was that efforts needed to be stepped up to build a deliberative pathway, including more safe spaces – not only amongst Geneva Ambassadors and delegations, but also at the Senior Officials’ and Ministerial level – including at MC13.” “REFORM MINISTERIAL” Ambassador Molokomme suggested that “the prevailing global situation of polycrisis, and the challenges faced by the WTO itself, including with respect to dispute settlement, demanded genuine WTO Reform. This is why some suggested that MC13 needs to be a genuine “Reform Ministerial”.” She said the specific themes that she heard for deliberation included: a. trade and industrial policy; b. trade and climate as well as sustainability issues; c. inclusiveness – MSMEs, women and youth; d. global industrial and supply chains; e. food security; f. resilience-building; and g. incorporation of JSIs [Joint Statement Initiatives] into the WTO architecture. By repeatedly stressing the deliberative function, instead of the negotiating function, the GC chair seems to be legitimizing the EU’s proposal, said a developing country trade envoy, who asked not to be quoted. Issues taken up at the July GC and TNC meetings, according to the GC chair, included: the second wave of the fisheries subsidies negotiations and the ratification of the Agreement on Fisheries Subsidies; agriculture reform – domestic support, PSH, SSM, cotton, export competition, export restrictions, market access; and the G-90 Agreement-Specific Proposals. She said the mentioned issues included: DS [dispute settlement] Reform; WTO Reform in general; Development and LDC Issues; LDC Graduation; MC12 SPS Declaration Work Programme; Work Programme on Food Security; E-Commerce Work Programme and Moratorium; TRIPS Moratorium on Non-Violation and Situation Complaints; Paragraph 8 of the MC12 TRIPS Decision; Paragraphs 23 and 24 of the MC12 Declaration on Pandemic Response and Preparedness; Work Programme on Small Economies; and Accessions, among others. Without naming countries, the GC chair said that she heard “calls for me to appoint facilitators or friends of the chairperson to assist Members with some of these efforts on which I am continuing to reflect.” The African Group has raised concerns about the facilitators being appointed for some of the major issues. It is not clear what the GC chair meant when she said, “I am here to facilitate deliberations including responding to requests for safe spaces.” She, however, stressed that “given the WTO’s Member-driven nature, the onus is also on the proponents to reach out to delegations to initiate these discussions, provide clarity on what they want to be discussed and move these discussions forward.” “SEVEN STATIONS” With regard to “Station 1”, the GC chair said “delegations expect that horizontal procedural measures based on Members’ proposals on “reform-by-doing” and discussions could be recommended to WTO Bodies for implementation as appropriate, at today’s meeting – and I will return to this point.” As regards “Station 2” issues, the GC chair said “following the request from the European Union and the African Group – and, more importantly, their extensive outreach to Members to define expectations, working with them and the DG, I will convene an Informal Meeting on WTO Reform on 25-26 September 2023.” The meeting will chiefly “focus on trade and industrial policy,” the GC chair said, adding that “we will work with the proponents on the modalities, which will be circulated prior to the retreat.” She said, “Station 2 could also have other stops and pauses – due to the growing interest in another retreat focusing on trade and climate, and inclusion.” The retreat on trade and climate, she said, “could probably take place in early October.” The GC chair reiterated that “the onus to lay the ground for these discussions is on the proponents, and I look forward to seeing action and follow-up in this regard.” The third stop or “pause on our journey, Station 3” will be an Informal Heads of Delegation Meeting on 10 October 2023 to finalize preparations for the Senior Officials Meeting (SOM). “This third station is in response to a concern expressed by Members during my consultations – and with which I agree – that the gap or distance between today’s General Council and the next one in November seemed rather long without a stop or pause to take stock and plan ahead,” she said. The GC chair said, “the SOM needs to be utilized in the most effective way to help Members reach their MC13 targets. As such, beyond stocktaking, the Joint HODs will be the occasion to determine what to put forward to senior officials. This is the moment to set the level of ambition, clarify expectations and concretize the agenda for the SOM.” The “Station 4 is the Senior Officials Meeting on 23-24 October 2023,” said the GC chair, adding that, “Building on the Joint Informal HODs, I heard in my consultations that we need to be clear and targeted on the agenda for this meeting. Many of you have said we cannot just have a listing of priorities.” The actions to be taken by the SOM include: Take decisions – for example, on LDC Graduation if Members are not in a position to do so at today’s GC, she said. Soon after coming out of the SOM, the GC chair said,”we will arrive at Station 5 comprising of the November General Council and TNC meetings – tentatively scheduled on 1-2 and 28 November 2023, respectively.” Without naming countries, she said, “As I heard from many of you, Members would wish to use these meetings to: a. build on progress on work that was taken note of by Senior Officials, and b. flesh out the matters that have been endorsed and on which we received political guidance – including by putting together textual language.” “Station 6” is the December General Council Meeting tentatively scheduled on 14-15 December 2023. “Apart from taking up end-of-year matters and preparing reports for Ministers, I heard many of you say that we should not simply take stock of progress during this meeting. Members stressed that the December GC should be the moment where we begin to crystallize the outcomes and matters to be put forward to Ministers at MC13,” said the GC chair. She said after the train crosses Station 6, members will reach the “final destination – Station 7 – MC13 in Abu Dhabi.” She said, “I heard many of you stress the need to iron out remaining issues and ensure that Ministers will be in a position to take appropriate action on matters to be forwarded to them. To this end, some mentioned that it may be a good idea to hold another SOM shortly before the meeting, for this purpose, which could result in an eighth stop or station, but this remains to be seen as the journey unfolds.” However, the GC chair said before Station 8, members will decide on the following issues: * Take note – of progress including on the reform-by-doing work and follow-up work on MC12 outcomes, among others. Here, the factual report on the state of play on MC12 follow-up work would be helpful. * Endorse – (i) deliberative pathway topics and their scope; (ii) MC13 structure which allows Ministers to take decisions instead of negotiating and have interactive deliberations on pressing global issues; and (iii) structure of an outcome document reflective of a reforming WTO in both form and substance. * Deliberate – on pressing global issues in an interactive format. And we also heard views on this at last week’s TNC. * Provide political guidance – that is, ways forward in various areas including on how to resolve specific issues. +
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