EU Statement at the General Council, 22-23 July 2024

1. Accession of the Union of the Comoros - Request for Extension of Time-Limit for Acceptance of the Protocol of Accession - Draft Decision

1. Procedure for the Introduction of Multiple Changes to the Harmonized System to Schedules of Concessions Using the Consolidated Tariff Schedules (CTS) Database - Draft Decision

1. Follow up to MC12 - Report on the MC12 SPS Declaration Work Programme adopted by the SPS Committee on 26 June 2024

1. Appointment of the WTO Director-General - Request from the African Group

The European Union fully supports the African Group proposal to advance the Director General's appointment process by launching it as soon as possible for the reasons set out in the African Group communication.

For the European Union, it is indeed in the best interests of the Organisation and its Membership to do so. We need the continued strong leadership that Director General Ngozi has shown as we prepare for MC14 to be held on the African continent, in Cameroon. And we very much hope we will decide on this matter very soon.

1. Moving Agriculture Negotiations Forward - Draft Decision

The WTO Membership had a unique opportunity to endorse the text presented by Brazil on moving forward the agriculture negotiations.

The strength of this text lies in the fact that it is a comprehensive text, as it addresses all the agricultural issues while duly taking into account existing mandates and the food security aspects that have underpinned our negotiations in the recent past.

The European Union, based on the mandate granted by its Member States, is ready to endorse this decision in today's meeting.

We strongly hoped that all Members would be in the same position, since, if endorsed by the entire Membership, it could provide the WTO with the political impetus that has been missing for far too long in the agricultural negotiations in the WTO.

Endorsing this text would allow us to resume the negotiations in the CoASS on the right footing and deliver outcomes for the important milestone that is MC14.

If we miss this occasion, we fail once again, in particular for the vulnerable Members of this organization. It is regrettable that this Organisation remains indifferent to their calls, in particular in the current food insecurity context.

We have been elusively seeking agricultural reform through a mandate that dates back twenty or more years. We have today a text on the table that represented our best chance to carry out that reform in a coordinated way with the other existing mandates.

If we cannot agree today, I hope we can continue to progress in CoASS with the same spirit and on the basis of this text. It was the right basis; it continues to be the right basis for a progressive and inclusive negotiation.

1. Incorporation of the Investment Facilitation for Development Agreement into Annex 4 of the WTO Agreement - Draft Decision

Article X.9 of the Marrakesh Agreement sets a legitimate legal path for Members to add a plurilateral agreement to the WTO rulebook, which is the objective that we firmly support for the IFD Agreement. We welcome the engagement and constructive efforts undertaken to address the concerns and questions raised by a few Members, and we remain optimistic that the Membership will find a path towards consensus.

Preliminary studies show that the IFD Agreement will benefit, directly or indirectly, all WTO Members, especially developing and least-developed countries. At the same time, reports show an increasing investment gap to finance sustainable development goals in developing countries. This is why the IFD Agreement matters so much and receives such overwhelming support from the Membership. And this is why it is so important for the WTO to take this decision, showing that this organisation can deliver on such an important issue.

The EU welcomes the preparations already undertaken by some developing countries in the form of needs assessments. The EU supported a number of these pilot needs assessment exercises, which are key to harvesting as soon as possible the benefits of the agreement.

Mr Chair, we have here a situation where 125 Members request the integration in order to give legal effect to the IFD Agreement. The vast majority are developing countries and LDCs. Of course, the engagement of all Members is necessary and needs to be continued, but we cannot understand why we have this blockage when there is such interest from the Members and the benefits of the IFD Agreement are extended to everyone. If you are not harmed, you should at least let others benefit. If you are not ready to participate, you should not prevent others from benefiting from it.

1. Report by the Chairperson of the Trade Negotiations Committee and Report by the Director-General

1. Follow-Up to Outcomes of Ministerial Conferences: MC13 (Abu Dhabi); MC12 (Geneva, co hosted by Kazakhstan); MC11 (Buenos Aires); MC10 (Nairobi) and MC9 (Bali) - Statement by the Chairperson

MC13 reaffirmed the Membership's commitment to reform the WTO across its main functions.

An important objective of the reform agenda is to improve the governance of the organisation and improve decision-making. We had a good discussion on these issues a couple of weeks ago at the dedicated retreat on 8 July.

I would like to thank the General Council Chair and the Secretariat for organising this retreat and for issuing his paper with key takeaways and follow-up suggestions.

I believe that our discussion goes in the right direction, as shown by our takeaways as regards issues such as

• finding the right compromise between transparency and effectiveness so that small groups can help us find compromises that work for all,
• the key role of Chairs and the Secretariat in facilitating outcomes,
• on exercising consensus responsibly, and
• on focusing the agendas of Ministerial Conferences by improving the decision-making process in Geneva.

As suggested in your paper, we should now take forward these discussions and reflections and start thinking about how to implement the concrete ideas that emerged from the retreat. You can count on the EU's support in this regard.

1. Work Programme on Small Economies - Report by the Chairperson of the Dedicated Session of the Committee on Trade and Development

The European Union supports the implementation of the ministerial decision on the work programme for small economies, especially on digital trade, supply chain resilience, and climate change. While proceeding with this, our recommendation is to avoid duplication of effort and uncoordinated work streams on similar topics at the same time. We would therefore support a streamlining and sequencing of the work. Well-defined objectives can help focus and deliver better results.

We look forward to engaging with small economies and other Members in the context of this work programme.

1. Initiating work on the operationalization of paragraph 21 of the MC13 Abu Dhabi Ministerial Declaration - Communication from Pakistan

1. Fisheries Subsidies

11.1. Draft decision on Additional Provisions on Fisheries Subsidies - Communication from Iceland

11.2. Draft decision on Additional Provisions on Fisheries Subsidies: Notification of Annual Aggregate Level of Fisheries Subsidies - Communication from Iceland

11.3. Communication on Fisheries Subsidies - Communication from India

11.4. Analyzing the Impact of the Chair's Proposed OCOF Disciplines under the Additional Provisions on Fisheries Subsidies on the Sustainability of Global Marine Fish Stocks -Communication from India

11.5. Implementing Appropriate and Effective Special and Differential Treatment under the Additional Provisions on Fisheries Subsidies - Communication from India

The European Union regrets that some Members are unwilling to engage towards reaching consensus today and that this item is for continued discussion rather than decision. We urge these Members to reconsider their positions.

The Chair's text is not perfect. It is the result of tough and long negotiations. It represents a major step forward for WTO disciplines on harmful subsidies that contribute to overfishing and overcapacity.

Under these additional provisions, subsidies for fishing would be scrutinised. And the developed countries and large subsidising and fishing nations would be conditioned by adequate sustainability measures to maintain the stocks at a sustainable level.

The European Union's views as to how the Chair's text can be further improved are well known. And we remain open to further constructive engagement.

We see the Chair's text as the basis for going forward and closing the deal as soon as possible.

In contrast, we view the three papers proposed by India under this agenda item differently. I will be very candid in my comments. The elements in India's communications are familiar to us, and we have discussed them repeatedly in the past. The completely different approach proposed by India for the disciplines is not supported across the Membership, and it is not helpful, in our view, to reach consensus.

I will not comment in detail on the three papers since our views are well known. It proposes a completely different approach to the disciplines that were already repeatedly discussed in the past and got no traction! And when one's ideas don't gather support, the only way forward is by being pragmatic and trying to converge. It is certainly not by repeating ad nausea ideas that one's views will prevail.

The draft text on the table gathers support from many Members and many developing countries; therefore, I do not think it is accurate to say that it is against the interests of developing countries. Equally, it is not accurate to say that the draft text serves the interests of a few! As already said and heard again this morning, there is wide support for that text. On the contrary, the alternative approach suggested serves the interests of one! We will never succeed in concluding the negotiations if one seeks disciplines and obligations to apply to others and exemptions and carve-outs for oneself! In the meantime, fish stocks continue to suffer, and the WTO is unable to deliver on SDG 14.6.

Mr. Chairman, the European Union will continue to engage constructively with the Membership to finalise the negotiations as soon as possible. A lot of time has already been lost!

1. Work Programme on Electronic Commerce - Report by the Facilitator

The European Union welcomes the appointment of HE Richard Brown from Jamaica as Facilitator of the e-Commerce Work Programme, following the renewal of the Work Programme and the moratorium on customs duties at MC13.

We look forward to resuming discussions with all WTO Members in the Work Programme, as soon as possible.

As decided at MC13, the Work Programme should take into account the needs of developing and least-developed country Members and should notably address e-commerce-related topics identified by Members. It should also involve continued collaboration with intergovernmental organisations.

We see the Work Programme as an important contribution to achieving an inclusive, predictable, and rules-based international digital trading environment that includes a long-term solution for the non-imposition of customs duties on electronic transmissions.

1. Committee on Budget, Finance and Administration - Report on Meeting of 3 June 2024

1. Waivers Under Article IX of the WTO Agreement

14.1 Review of Waivers Pursuant to Article IX:4 of the WTO Agreement

14.1.1. Least-Developed Country Members - Obligations under Article 70.8 and Article 70.9 of the TRIPS Agreement with respect to Pharmaceuticals Products, granted on 30 November 2015 until 1 January 2033

14.1.2. European Union - Application of Autonomous Preferential Treatment to the Western Balkans - Granted on 28 July 2021 until 31 December 2026

14.1.3. Canada - CARIBCAN, granted on 9 May 2023 until 31 December 2033

14.1.4. Ministerial Decision on the TRIPS Agreement

14.1.5. Kimberley Process Certification Scheme for Rough Diamonds, granted on 26 July 2018 through 31 December 2024

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