EU Statements at the General Council Meeting, 23 and 24 February 2022
Wednesday 23 February 2022
- TURKMENISTAN – REQUEST FOR ACCESSION PURSUANT TO ART. XII (WT/ACC/TKM/1)
The European Union welcomes and supports the application of Turkmenistan to the WTO and the establishment of the Working Party meeting. The European Union is looking forward to work closely with Turkmenistan in order to bring its regime in compliance with WTO rules and to best integrate it into the multilateral trade system.
- REPORT BY THE CHAIR OF THE TRADE NEGOTIATIONS COMMITTEE AND REPORT BY THE DIRECTOR-GENERAL
It is critical for the credibility and future of the WTO that the Organization is responsive and delivers on all four key items of the MC12 agenda. There has unfortunately been a lack of momentum since the postponement of MC12 and there are still wide gaps in Members’ positions especially on IP/Trade & Health, fisheries and agriculture. It is clear that a Ministerial meeting must take place in June covering the four issues.
We fully support the statement that will be delivered later by Switzerland under point 10 (Immediate action to support the Multilateral trading system in preparation for a successful MC12) and co-sponsored by 46 Members including the EU; and hope all Members will be in a position to subscribe to it. It is important that at this key juncture for our multilateral trading system and in this challenging and uncertain context we pass a clear message and united political message that we support an ambitious MC12 that delivers on the four key areas of Trade and Health, including IP; WTO reform; fisheries; and agriculture.
We trust that setting a date for MC12 later today will provide the necessary impetus to resume our work on the substantive issues and we welcome the readiness of the WTO Director-General and of the Chairs of the General Council, Committee on Agriculture and Fisheries Rules Negotiating Group to hold consultations and engage with Members to maintain momentum across their respective areas. A lot of useful work has been done on the four main multilateral topics, and this works should be preserved and relied on as a basis going forward. Intense engagement in different configurations will be important in the coming months to focus minds and pave the ground for MC12. Only with the strong political involvement of all Members can we hope to reach outcomes on each of these complex and important files.
- IMPLEMENTATION OF THE BALI, NAIROBI AND BUENOS AIRES OUTCOMES – STATEMENT BY THE CHAIR
The European Union would like to once again stress the outmost importance of extending the WTO e-commerce moratorium at MC12. At the time of post-pandemic recovery, when the digital transformation is key in economic development, we cannot afford discontinuing the WTO moratorium and open a possibility of introducing new barriers to digital trade.
We would also like to express our support for the extension of the e-commerce Work Programme, in the same Ministerial Decision, in line with the WTO practice of more than 20 years.
In that respect, the European Union continues to fully support the draft decision (WT/GC/W/831) that proposes the extension of both the moratorium and the work programme to MC13. This is a balanced and pragmatic compromise.
We appreciate that this draft decision was already supported by a large and diverse group of WTO Members. We invite those Members who have not yet supported this draft decision yet to do so as soon as possible.
On the Nairobi Decision on export competition, the European Union continues to urge the remaining members that have not yet submitted their revised schedules, to make the necessary schedule modifications to eliminate export subsidy commitments as soon as possible.
Finally, on the Bali Ministerial Decision on Tariff Rate Quota (TRQ) administration, the European Union fully supports the final text agreed in the regular Committee on Agriculture on the review of the Bali Decision on TRQ management, as contained in G/AG/32. So much energy and effort has been invested in this issue. We appreciate the flexibility of some members in these negotiations.
However, the European Union is utterly dismayed by the current deadlock on the Bali TRQ decision review. If such a straightforward issue cannot be agreed upon, how can we think that the membership will be able to negotiate new rules in more contentious agricultural issues?
The European Union urges the members concerned to engage constructively and work towards consensus before the deadline of 31st March.
- WTO RESPONSE TO THE PANDEMIC – REPORT BY THE CHAIR (and)
- TRIPS COUNCIL MATTERS
The pandemic has been with us for two years now. We can only be encouraged by positive developments such as improving figures in terms of vaccine production or the relaxing of restrictions in some countries. The situation remains nevertheless challenging, notably in Low Income Countries, but we don’t spare efforts to improve it.
The global production of vaccines has exceeded 12 bn doses and millions of doses are still waiting to be used in many countries which lag behind in vaccination campaigns. Many members are looking to launch production of vaccines and medicines, for which access to raw materials remains necessary. A political commitment to keep markets open and to cooperate in the exchange of information would certainly support those goals.
We all surely agree that access to critical information is essential for a timely management of the crisis: this is why the EU has proposed stronger commitments on transparency, information sharing and cooperation.
The EU is committed to finding a way forward on intellectual property. We have engaged constructively in the discussions facilitated by the DG and continue to believe that we can find a bridge between the positions of various Members, between those who advocate for a waiver and those of us who believe that the TRIPS Agreement provides enough flexibilities to ensure that the enabling qualities of intellectual property can be used to the maximum.
The European Union has shown utmost flexibility and moved its position significantly throughout this process. We have moved from the declaration we proposed in June 2021 towards a solution which would allow Members to authorise their manufacturers to produce and export vaccines in the fastest possible manner and without red tape, with maximum flexibility as to the legal instrument used to do so. But in order to find a solution flexibility is needed on both sides.
We are looking for a pragmatic solution that could facilitate production of vaccines and other essential health products in regions like Africa, while preserving incentives for innovation and investment that are key for responding to new variants of COVID-19, such as omicron or to new diseases.
We believe that if there is enough political will, a compromise is also possible on the Declaration and action plan on the response to the pandemic. The Walker text is an important stepping stone. We need to find a balance between the legitimate concerns of members to preserve policy space in adopting trade measures when there is a public health crisis, and the expectations that trade disruptions resulting from such measures will be minimized so that import dependent countries have access to essential goods.
We invite all members to reflect on the best approach to team up in the coming days so that we can achieve progress and our Ministers can demonstrate this Organisation delivers for people.
Thursday 24 February 2022 (morning)
STATEMENT ON THE INVASION OF UKRAINE BY THE RUSSIAN FEDERATION
We heard many Delegations talking about the tragedy to human lives brought about by the Covid pandemic. Today the tragedy is people being killed by the use of force following the invasion of Ukraine this morning. This is a sad day for Europe, a sad day for the world. The European Union strongly condemns this unjustified attack on Ukraine, an independent and sovereign State. This constitutes a gross violation of international law. In these dark hours, our thoughts are with the innocent women, men and children as they face this unprovoked attack and fear for their lives.
- A SMOOTH TRANSITION PACKAGE IN FAVOUR OF MEMBERS GRADUATING FROM THE LDC CATEGORY
The European Union is mindful of the challenges that Least Developed Countries face in integrating in the global trading system.
The European Union does believe that there should be support and flexibilities for WTO members, commensurate with their needs and capacity constraints, beyond the group of LDCs.
In the specific area of trade, 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.
The European Union will continue to support constructive initiatives to better integrate members with capacity constraints into the multilateral trading system, and to take into account in that connection the specific situation of graduating LDCs. We especially encourage discussions based on analysis that show where specific difficulties exist.
- WORK PROGRAMME ON ELECTRONIC COMMERCE AND MORATORIUM ON IMPOSING CUSTOMS DUTIES ON ELECTRONIC TRANSMISSIONS – REQUEST FROM INDIA AND SOUTH AFRICA
The European Union already spoke on this issue yesterday. We would like to briefly highlight the following:
First, the European Union supports the extension of the moratorium until MC13;
Secondly, we are ready to engage in discussions on the work programme;
Finally, we do not see the need to include this point as a standing item on the General Council agenda considering there are enough fora in the WTO where we can discuss this important matter.
- PAPER TITLED "THE LEGAL STATUS OF 'JOINT STATEMENT INITIATIVES' AND THEIR NEGOTIATED OUTCOMES" BY INDIA, SOUTH AFRICA AND NAMIBIA (WT/GC/W/819/REV.1)
The European Union already spoke on this issue in previous General Council meetings. We would highlight the following today:
First, this is an important matter that we need to continue addressing. This issue should be considered as part of the discussions on WTO reform.
Secondly this is not just a legal issue. And Members are not doing anything illegal with the JSIs (Joint Statement Initiatives). The JSIs will not be integrated into the WTO by the backdoor – rather by the frontdoor.
JSIs are a sign of vitality of the WTO. They are keeping the WTO relevant by addressing a number of issues which are of interest to many Members.
Finally, it is not right to characterise JSIs as not addressing issues of interest to developing countries. It is enough to look at the list of developing Members participating in JSIs as evidence of their interest.
- PROPOSED SANITARY AND PHYTOSANITARY DECLARATION FOR THE TWELFTH WTO MINISTERIAL CONFERENCE: RESPONDING TO MODERN SPS CHALLENGES - THE AFRICAN GROUP; ACP GROUP; ARGENTINA; AUSTRALIA; BELIZE; BRAZIL; BURKINA FASO; CABO VERDE; CANADA; CHILE; COLOMBIA; COSTA RICA; CÔTE D'IVOIRE; DOMINICAN REPUBLIC; ECUADOR; EL SALVADOR; THE GAMBIA; GUATEMALA; HONDURAS; JAPAN; MEXICO; NEW ZEALAND; PANAMA; PARAGUAY; PERU; SENEGAL; SINGAPORE; TAJIKISTAN; TOGO; THE UNITED STATES; UKRAINE; URUGUAY AND VIET NAM (WT/GC/W/835/REV.1 - G/SPS/GEN/1758/REV.10)
The European Union would like to thank the cosponsors for having engaged with us on this draft Ministerial Declaration.
As stated previously at the SPS Committee meetings, we would have preferred to see more robust references in the text of the declaration to the current and future environmental, climate challenges for trade in foods, to sustainable food systems, without prejudice to the well acknowledged boundaries of the WTO SPS Agreement and the remit of the SPS Committee.
While confirming the European Union commitment to the relevance and value of the good functioning of the WTO SPS agreement and Committee, the European Union confirms its reservations to the draft declaration, for the reasons expressed today, as at previous occasions.
We also take this occasion to draw the attention of the Council to the document presented by us on the global transition towards sustainable food systems and encouraging the SPS Committee among others to be a forum for discussion on this topic with a view to support the process and reflect on setting up a work programme to address issues related to the transition to sustainable food systems in relation with international trade. We remain open to further engaging with co-sponsors with a view to reflect these priorities in this draft Ministerial Declaration.
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