EU Statements at the General Council, 6 & 7 October 2022
- REPORT BY THE CHAIR OF THE TRADE NEGOTIATIONS COMMITTEE AND REPORT BY THE DIRECTOR-GENERAL
I will not repeat the points I made on Tuesday, but will only highlight some more salient points.
We need to ensure that the Agreement on Fisheries Subsidies enters into force soon. The European Union has started its internal procedure for the adoption of the agreement. We hope that other WTO Members will do likewise.
Secondly, we support the establishment of the trust fund for technical assistance and capacity building on fisheries. We encourage other Members to join us and make this work.
Thirdly, we need to follow up on the MC12 Ministerial Decision and complete the agreement with the missing elements in line with SDG 14.6. In this respect, I look forward to the upcoming retreat and to the exchanges we will have on Monday.
On Agriculture, we need a new approach in the negotiations, which would move the membership away from the stalled discussions, and on the other hand integrate pressing issues related to food security, poverty, climate, and environment and last but not least sustainable production.
The European Union sees merit in continuing the work on improving transparency in agriculture. Transparency is a cornerstone of the current discussions on food security.
The European Union also remains engaged in the implementation of the MC12 declaration on the response to food insecurity, which we see as an important test for the membership in keeping the momentum created by MC12 and building positively on the outcomes of the Ministerial.
On development, the European Union considers that it remains as a main challenge for the WTO. There is a need to identify ways in which WTO can support efforts of those countries facing particular difficulties on integrating into the global trading system.
There should be a forward-looking discussion that looks into current challenges, such as support for a smooth transition in the case of LDC graduation, or support for regional integration among developing countries, and especially the least-developed ones. The African Continental Free Trade Area is a case in point.
The European Union is ready to engage constructively in discussions on how to reinforce the role of the Committee on Trade and Development as a forum for deliberations; as well as in the forthcoming consultations foreseen by the Committee on Trade and Development Special Session, which the Chair is carrying out.
The European Union remains committed to supporting the multilateral trading system - also because we believe a rules-based international order best serves the interest of all countries, including the smaller and more vulnerable ones.
This is why the European Union firmly and unequivocally condemns Russia’s continued aggression in Ukraine, and in particular last week’s illegal annexation of territory that does not belong to Russia, in the Donetsk, Luhansk, Zaporizhzhia and Kherson Oblasts.
As on other continents, across Europe, people are feeling the consequences of Russia's war. But we reiterate that the European Union firmly stands with Ukraine and will continue to provide all support necessary for as long as it takes.
- IMPLEMENTATION MATTERS FROM MC12 MANDATES
A. WTO REFORM – STATEMENT BY THE CHAIR
The European Union will not repeat our statement made on Tuesday at the informal meeting, but I would just highlight some key points.
We were encouraged to hear at the informal meeting the strong commitment to reform expressed by Members during your consultations. Today you sketch out a way forward that we fully support.
We believe highly meaningful work can be done in the Committees in conjunction with discussions in the General Council on relevant matters.
For the European Union reform of the dispute settlement function is a pressing priority. We believe the necessary space needs to be given to the ongoing informal process at this juncture, to be complemented by a more formal process at the appropriate moment next year. The retreat we are going to have will offer a first opportunity for Members to discuss the different issues of the reform.
B. WORK PROGRAMME ON ELECTRONIC COMMERCE – STATEMENT BY THE CHAIR
We welcome the Chair’s suggestion to hold a dedicated General Council session on e-commerce, and that the work in specific committees could continue on the basis of Members submissions.
We stand ready to intensify engagement based on facts and get into specific discussions as soon as possible to identify a way forward on both issues well ahead of MC13.
And we have heard last week at the Public Forum the strong interest by industry and particularly MSMEs, to have a constructive discussion with a view to an extension at MC13.
- REJUVENATION OF WORK PROGRAMME ON ELECTRONIC COMMERCE AND MORATORIUM ON IMPOSING CUSTOMS DUTIES ON ELECTRONIC TRANSMISSIONS – REQUEST FROM INDIA AND SOUTH AFRICA
The EU had not planned to intervene under this agenda item, since e-commerce was already discussed under agenda item 2b. And, incidentally, we would urge Members to carefully consider before introducing duplicating items in the General Council agenda, while not providing in advance any information as to what they will seek to discuss.
But what I want to react to, is the interpretation that some Members provide under this agenda item – seemingly on behalf of all – of what was agreed in MC12 when it comes to the e-commerce moratorium.
Contrary to what some claimed yesterday, our Ministers did not agree that the moratorium would expire. And we did not agree that the MC12 decision is only for the industry to prepare itself for the alleged fact that customs duties on e-transmissions would follow.
What we agreed, is that the moratorium will expire, unless our Ministers take a decision to extend it at MC13.
The EU ask Members to refrain from misinterpreting Ministerial Decisions and pre-empting the future Decisions that our Ministers might take. The extension of the moratorium remains a key priority for many WTO Members, not only for the developed ones. Yesterday we heard a number of Developing Countries express support for this extension. Moreover, we have heard a lot from the business community on this topic.
However, we invite Members to work together to implement the MC12 decision as agreed – by reinvigorating the e-commerce Work Programme and addressing the issues related to digital trade and the moratorium specifically, especially the development dimension of e-commerce.
We thank you, Chair, for proposing a good way forward under the previous agenda items. And we thank India for sharing their views on some specific topics that could be considered. We are ready to consider those and other topics that Members are interested in bringing up for our further well-structured discussions in the dedicated e-commerce Work Programme sessions or other structures that we already have in the WTO.
- PARAGRAPH 8 OF THE MINISTERIAL DECISION ON THE TRIPS AGREEMENT ADOPTED ON 17 JUNE 2022 - DOCUMENT WT/MIN(22)/30 (MINISTERIAL DECISION ON THE TRIPS AGREEMENT OF 17 JUNE 2022) – REQUEST FROM SOUTH AFRICA, INDIA, INDONESIA, EGYPT, PAKISTAN AND ARGENTINA ON BEHALF OF THE CO-SPONSORS OF IP/C/W/669/REV.1
The European Union is ready to engage constructively in the discussions on whether to extend the mechanism agreed by the WTO Ministerial Conference to therapeutics and diagnostics. We are currently analysing the information that we gathered from stakeholders and conducting consultations with our Member States.
- TRADE RELATED CHALLENGES OF THE LEAST DEVELOPED COUNTRIES AND WAY FORWARD: PROPOSAL FOR A WTO SMOOTH TRANSITION PACKAGE IN FAVOUR OF COUNTRIES GRADUATED FROM THE LDC CATEGORY (WT/GC/W/807/REV.1) – REQUEST FROM DJIBOUTI ON BEHALF OF THE LDC GROUP
At MC12 in June, Members acknowledged the particular challenges that LDC graduation presents. The European Union has heard and engaged with LDC concerns throughout the run-up to MC12 and we will continue to do so now.
The European Union continues to believe that there should be support and flexibilities for WTO members, commensurate with their needs and capacity constraints, beyond the group of LDCs.
The European Union takes note of the revised proposal. We welcome the specifications in Annex 2, which require further discussion. We especially encourage discussions based on analysis that shows where specific difficulties exist.
In the area of trade specifically, the aim of the European Union is to focus on how to facilitate and enhance the capacity of countries to assume commitments that foster integration in the global economy. In our view that is the best way that the WTO can effectively contribute to sustainable development.
- IMPLEMENTATION OF THE BALI, NAIROBI AND BUENOS AIRES OUTCOMES – STATEMENT BY THE CHAIR
On the Nairobi Decision on export competition, the European Union underlines the importance of respecting the Nairobi decision, which is even more relevant in the current food security crisis.
And on the Bali Ministerial Decision on Tariff Rate Quota administration, we welcome the adoption at the last meeting of the Committee on Agriculture, on 14-15 September, of the Tracking Register as proposed at that meeting.
The European Union welcomes as well the first triennial review of the operation of the Bali TRQ Decision and hopes that the membership will approach it with pragmatism. We will also continue to contribute successfully to the work stream dedicated to the implementation of the Bali Ministerial Decision on the tariff rate quota administration.