Committee on Trade and Development, Special Session

Report by the Chairperson to the General Council^[1]

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1.  As you are aware, at the 12th Ministerial Conference (MC12) WTO Members reaffirmed that the provisions of special and differential treatment for developing countries and LDCs form an integral part of the WTO and its agreements. Ministers also instructed us to continue to work on improving the application of special and differential treatment provisions and report on progress to the General Council before MC13.

2.  Since MC12, we held five formal sessions (on 23 September 2022, 20 March 2023, 7 June 2023, 23 November 2023 and 8 February 2024) with a view to examining the 10 agreement-specific proposals (ASPs) put forward by the G-90.^[2]

3.  In 2023 the discussions on the G-90 proposals started at the March meeting based on their submission contained in _JOB/TN/CTD/2. At the same meeting, Members expressed readiness to have focused discussions on each of the 10 agreement-specific proposals, including through thematic sessions. I also indicated my intention to appoint five facilitators, who would be taking up two ASPs each, to advance the discussions.

4.  The G-90 circulated new textual proposals on SPS and TBT in May 2023 (_JOB/TN/CTD/3 and _JOB/TN/CTD/3/Corr.1) which was taken up at the June 2023 meeting. I appointed Singapore (Mr Jia Jie Loh) as Facilitator for the ASPs relating to SPS and TBT.

5.  On 4 October, Members held an informal thematic session on SPS and TBT matters under the facilitation of Singapore. A brief account of discussions at the thematic session is contained in the facilitator's statements issued as _JOB/TN/CTD/5. These two ASPs were also discussed at the CTD SS meeting held in November 2023.

6.  In 2024, with a view to exploring outcomes in the area of SPS and TBT, the facilitator held several consultations with Members, including two small group meetings on 19 and 24 January. The outcome of these consultations, including an assessment of his work undertaken since his appointment, is contained in document _TN/CTD/36. Members also had a discussion on his report to the CTD SS meeting held on 8 February.

7.  At the CTD SS meeting held on 8 February, the G-90 introduced their new textual submissions on the following three ASPs, covering balance of payments (Section B of GATT Article XVIII), trade‑related investment measures (TRIMS Agreement) and technology transfer (Article 66.2 of the TRIPS Agreement). I appointed Mr Eduardo Terada Kosmiskas (Brazil) and Mr Joel Richards (Saint Vincent and the Grenadines) as facilitators for discussions on TRIMS and technology transfer (Article 66.2 of the TRIPS Agreement), respectively.

8.  My overall assessment is that the facilitator-led process is a useful one. We are currently in the middle of it. While we have already held some technical-level discussions on SPS and TBT, from the facilitator's report it was evident that more time and work would be required after MC13 to define the scope of possible solutions, with regard to these two ASPs. Members have noted the new textual proposals on ASPs related to balance of payments, TRIMS and technology transfer. In addition, the proponents have also indicated that they intend to circulate textual proposals on the remaining ASPs very soon. I believe we have a lot of work in front of us, and we need to continue this work until and after MC13. I am hopeful that with deeper engagement on the issues identified by G-90 in their proposals, we will collectively be able to find solutions to the underlying problems.

9.  As we prepare for the work ahead, it is encouraging that WTO Members are currently considering language on special and differential treatment in the context of the MC13 Outcome Document. At the same time, if Members feel that there is a scope to engage in substantive discussions in the lead-up to MC13, I remain available to help you find a possible landing zone.

10.  I would like to highlight that negotiations on trade and development are important for the G‑90, and they also have a crucial significance for the entire WTO membership. The world is waiting and watching the WTO delivering on development. I believe that with the right amount of political will, commitment and pragmatism, we can do it, and we have to do it right. In my capacity as the Chairperson of the CTD SS, I stand ready to support Members in any way I can.

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