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TWN
Info Service on WTO and Trade Issues (Dec25/14) Geneva, 10 Dec (D. Ravi Kanth) — The agenda for the World Trade Organization’s crucial General Council (GC) meeting on 16-17 December suggests some “possible deliverables for MC14”, while seemingly paying lip service to past ministerial mandates, including the Abu Dhabi ministerial declaration adopted at the WTO’s 13th ministerial conference (MC13) in Abu Dhabi on 2 March 2024, said people familiar with the development. The GC meeting is to be preceded by a meeting of capital-based senior officials from various countries who are also expected to attend the GC meeting. According to the GC agenda, issued as a restricted document (WTO/AIR/GC/67) on 5 December, seen by the SUNS, the possible deliverables for MC14 centre on the controversial “WTO Reform”; “Dispute Settlement Reform”; and “Work Programme on Electronic Commerce” (which could extend the moratorium on customs duties on electronic transmissions as per proposals submitted separately by the United States and Barbados), among others. The agenda does include a discussion on the Trump administration’s unilateral reciprocal tariffs in a rather convoluted way, even as they allegedly remain inconsistent with the WTO rules. The item on “Heightened Trade Turbulence and Responses from WTO” submitted by China is bound to touch on the reciprocal tariffs, said people familiar with the development. Instead of focusing on how to curb the unilateral reciprocal tariffs that have turned the WTO upside down, the discussion on WTO reform has remained silent on the global trade crisis. It focuses instead on three seemingly “top-down” reform issues – amending the consensus principle, differentiating among developing countries on special and differential treatment (S&DT), and “level playing field” issues – that seem to be remotely connected to what was mandated in the MC13 outcome document. According to paragraph 4 of the Abu Dhabi ministerial declaration (WT/MIN(24)/DEC): “We reaffirm our commitment made at our Twelfth Session to work towards necessary reform of the WTO to improve all its functions and acknowledge the progress made in this regard. We note and value the work done to date to improve the daily functioning of WTO Councils, Committees and Negotiating Groups with a view to enhancing the WTO’s efficiency, effectiveness, and facilitation of Members’ participation in WTO work. We instruct the General Council and its subsidiary bodies to continue to conduct this work and report progress as appropriate to the next Ministerial Conference.” However, the emphasis on the three issues of WTO reform during the past 11 months, which coincided with the turmoil in the global trading system, appears to have given short shrift to the previous ministerial mandates, said people familiar with the development. For example, in paragraph 8 of the Abu Dhabi ministerial declaration, ministers categorically reaffirmed “the provisions of special and differential treatment for developing Members and LDCs as an integral part of the WTO and its agreements. Special and differential treatment in WTO agreements should be precise, effective and operational. In addition, we recall that trade is to be conducted with a view to raising standards of living, ensuring full employment, pursuing sustainable development of Members, and enhancing the means for doing so in a manner consistent with Members’ respective needs and concerns at different levels of economic development. We instruct officials to continue to work on improving the application of S&DT in the CTD SS and other relevant venues in the WTO, as agreed and report on progress to the General Council before MC14.” However, the WTO reform discussions seem to have brushed aside the mandate on S&DT, as per the demands of the industrialized countries, and in particular to appease the US, said several people who asked not to be quoted. The GC chair, Ambassador Saqer Abdullah AlMoqbel of Saudi Arabia, is expected to present reports on “Follow-Up to Outcomes of Ministerial Conferences: MC13 (Abu Dhabi); MC12 (Geneva, co-hosted by Kazakhstan); MC11 (Buenos Aires); MC10 (Nairobi); and MC9 (Bali)”, said people familiar with the development. It remains to be seen what the GC chair will have to say on the outcomes of the previous ministerial conferences. Interestingly, Saudi Arabia is expected to be a major contender for hosting the WTO’s 15th ministerial conference (MC15) in 2028, said people familiar with the discussions. In another area where discussions on dispute settlement reform appear to have been de-linked from the overall WTO reform discussions during the past eleven months, an attempt will likely be made to seek a fresh mandate to continue the negotiations in the run-up to MC15. However, it is highly unlikely that the two-tier dispute settlement system, with the Appellate Body as the final binding adjudicatory arm, will be restored under the current dispensation, said people familiar with the development. GC AGENDA In the first item on the GC agenda for the 16-17 December meeting, two issues – “Fourteenth Session of the Ministerial Conference – Administrative Matters” and “Request for Observer Status by Palestine (WT/L/1221)” – are expected to be discussed. It remains to be seen whether the request for observer status by Palestine will be approved in the face of continued opposition from two countries, said a person who asked not to be quoted. The agenda includes several items “for action/decision”. The items proposed under this bracket include the following: 1. Proposal for a Decision on an Extension of the Period for the Acceptance by Members of the Protocol Amending the TRIPS Agreement (IP/C/103). 2. Waivers under Article IX of the WTO Agreement 2.1. Introduction of Harmonized System 2002 Changes into WTO Schedules of Tariff Concessions – Draft Decision (G/C/W/875). 2.2. Introduction of Harmonized System 2007 Changes into WTO Schedules of Tariff Concessions – Draft Decision (G/C/W/876). 2.3. Introduction of Harmonized System 2012 Changes into WTO Schedules of Tariff Concessions – Draft Decision (G/C/W/877). 2.4. Introduction of Harmonized System 2017 Changes into WTO Schedules of Tariff Concessions – Draft Decision (G/C/W/878/Rev.1). 2.5. Introduction of Harmonized System 2022 Changes into WTO Schedules of Tariff Concessions – Draft Decision (G/C/W/879/Rev.2). 3. Review of WTO Activities 3.1. General Council (WT/GC/W/972), Dispute Settlement Body (WT/DSB/87), and Trade Policy Review Body (WT/TPR/543). 3.2. Sectoral Councils (G/L/1617, S/C/68, and IP/C/105). 3.3. Committees on Trade and Development (WT/COMTD/106), Trade and Environment (WT/CTE/32), Balance-of-Payments Restrictions (WT/BOP/R/125), Budget, Finance and Administration (WT/BFA/231), and Regional Trade Agreements (WT/REG/36). 3.4. Working Groups on Trade, Debt and Finance (WT/WGTDF/24) and Trade and Transfer of Technology (WT/WGTTT/27). 3.5. Committees on Government Procurement and Trade in Civil Aircraft (GPA/AR/8, WT/L/1222-TCA/23). 4. Committee on Budget, Finance and Administration (CBFA) – Reports on Meetings of 29 September and 17 November 2025 (WT/BFA/229; WT/BFA/232) – Statement by the Chairperson of the CBFA. 5. International Trade Centre UNCTAD/WTO – Report of the Joint Advisory Group on its 59th Session. 6. For Consideration under the Mandate in Paragraph 4 of WT/MIN(24)/34; WT/L/1189: WTO Smooth Transition Support Measures in Favour of Countries Graduated from the LDC Category Pursuant to Paragraph 3 of WT/MIN(24)/34; WT/L/1189 – Communication from Djibouti on behalf of the LDC Group (WT/GC/W/967) – Request from the Gambia on behalf of the LDC Group. 7. General Council Decision on Enhancing the Precise, Effective and Operational Implementation of Special and Differential Treatment Provisions of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) and the Agreement on Technical Barriers to Trade (TBT) – Communication from the G-90 (WT/GC/W/ 974-TN/C/W/92-JOB/TN/CTD/19) – Request from South Africa. It appears that this item has already been blocked by a major industrialized country, said people familiar with the development. 8. Incorporation of the Investment Facilitation for Development Agreement into Annex 4 of the WTO Agreement – Draft Decision (WT/GC/W/927/Rev.4). This issue has been consistently blocked on procedural and systemic grounds since the WTO’s 11th ministerial conference. 9. Incorporation of the Agreement on Electronic Commerce into Annex 4 of the WTO Agreement – Draft Decision (WT/GC/W/963/Rev.1). There are also items only for discussion, which means that they are unlikely to gain traction at MC14. The items include: 10. The Development Assistance Aspects of Cotton – Periodic Report by the Director-General (WT/GC/278- WT/CFMC/DG/11-WT/MIN(26)/2). 11. Work Programme on Small Economies – Report by the Chairperson of the Dedicated Session of the Committee on Trade and Development. 12. African Group Submission on Agriculture for MC14 – Communication from Mozambique on behalf of the African Group (WT/GC/W/977-TN/AG/W/12). 13. Dialogue on Sustainable Agriculture in the Multilateral Trading System – Request from Brazil. 14. Rethinking the Rules-Based Multilateral Trading System – Request from Brazil. 15. Heightened Trade Turbulence and Responses from WTO – Request from China. 16. Draft Ministerial Declaration on Reducing the Cost of Cross-Border Remittances: A Lever for Sustainable Development – Communication from Morocco (WT/GC/W/978). Apparently, this item appears to have been blocked by a major industrialized country, said people familiar with the development. 17. Concerns on Incorporating the Agreement on “Investment Facilitation for Development (IFD)” into Annex 4 of the WTO Agreement – a request by India to discuss at the GC meeting. For information: 18. Fifteenth Session of the Ministerial Conference (MC15) – Communication from the Kingdom of Saudi Arabia (WT/GC/277). 19. Fundamentals for WTO Reform – Communication on behalf of the ACP Group (WT/GC/W/975). 20. Member Conversations on Current Economic Issues – Request from Canada. 21. LDC Priorities – Communication from the Gambia on behalf of the LDC Group (WT/GC/W/979). 22. Agriculture & Food Security Draft Declaration – Communication from the Gambia on behalf of the LDC Group (WT/GC/W/980). 23. Possible Illustrative List of Non-Binding, Voluntary Incentives for Reporting under Article 66.2 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (G90 Proposal) – Communication from the Gambia on behalf of the LDC Group (IP/C/W/727-JOB/TN/CTD/18/Rev.2). 24. TRIPS Non-Violation Complaints – IP Moratorium – Communication from Colombia (WT/GC/W/976). 25. Implementation of Technical Assistance Programmes – Request from Niger. 26. Presentation of the Commonwealth Statement on the Multilateral Trading System by Namibia – Communication from Namibia (WT/GC/279). 27. Briefing on the Vice-Ministerial Meeting of Latin American Countries on WTO Issues held in Santiago (Chile) on 12 November 2025 – Request from Chile. 28. Briefing on the Latest Developments in the Accession of Ethiopia – Request from the United Kingdom. 29. Briefing on the Latest Developments in the Accession of Uzbekistan – Request from the Republic of Korea. 30. Review of Waivers pursuant to Article IX:4 of the WTO Agreement 30.1 Preferential Tariff Treatment for Least-Developed Countries, granted on 16 October 2019 until 30 June 2029 (WT/L/1069). 30.2 Extension of Waiver Concerning Kimberley Process Certification Scheme for Rough Diamonds, granted on 16 December 2024 until 31 December 2030 (WT/L/1213). 30.3 Preferential Treatment in Favour of Services and Service Suppliers of Least Developed Countries, granted on 17 December 2011 until 31 December 2030 (WT/L/847, WT/L/982). 30.4 Cuba – Article XV:6 – Extension of Waiver, granted on 23 November 2021 until 31 December 2026 (WT/L /1128, WT/L/1227). 30.5 United States – Former Trust Territory of the Pacific Islands, granted on 7 December 2016 until 31 December 2026 (WT/L/1000, WT/L/1225). 30.6 United States – Trade Preferences Granted by the United States of America to Nepal, granted on 7 December 2016 until 31 December 2025 (WT/L/1001, WT/L/1226). 30.7. United States – Caribbean Basin Economic Recovery Act, granted on 16 October 2019 until 30 September 2025 (WT/L/1070, WT/L/1224) and on 23 July 2025 until 30 September 2030 (WT/L/1220). 31. Annual Review of the Special Compulsory Licensing System – Paragraph 7 of the Annex to the Amended TRIPS Agreement and Paragraph 8 of the Decision on the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health (WT/L/540 and WT/L/540/Corr.1) – Report of the Council for TRIPS (IP/C/104). 32. Review of the Exemption Provided under Paragraph 3 of the GATT 1994 (WT/L/1214). 33. Appointment of Officers to WTO Bodies – Announcement by the Chairperson pursuant to Paragraph 7.1(a) of the Guidelines (WT/L/510). In short, the GC agenda could bring about a historic rupture with the WTO established under the Marrakesh Agreement in 1995, transforming a rules-based, member-driven body into a “toothless” failure, as once described by the Trump administration, said people familiar with the development. +
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