However, some preparatory tasks had continued and the chairperson, Ambassador Esteban Conejos of the Philippines, welcomed the growing number of developing countries that have notified which commitments under the Trade Facilitation (TF) Agreement they would be able to implement from the start, known as “Category A” commitments.

The meeting was called so that the committee could formally receive the new notifications presented, which now total almost 50. The chairperson also said he wanted to consult members informally about the way ahead in the light of the present deadlock regarding the adoption of the Protocol. He urged them to focus on new, positive ideas and not to repeat their existing position.

The exchanges showed, however, that there was no movement on the circumstances that had prevented members from adopting the Protocol at the end of July. It became clear that the committee is currently not in a position to complete this task. Members were also not able to come to a common understanding on what should be given priority in terms of the next steps — and in which framework.

The chairman said he would consult members on the way forward.

 

Background

A deal on trade facilitation was struck at the 2013 WTO Ministerial Conference in Bali, concluding the negotiations on a multilateral WTO agreement.  Ministers also agreed on a post-Bali mandate, tasking the newly-created Preparatory Committee on Trade Facilitation to carry out a number of functions to ensure the expeditious entry into force of the TF Agreement and to prepare for its efficient operation.

 These were:

• To conduct a legal review of  the text of the Bali agreement  without altering the substance
• To receive notifications from members on the commitments they can undertake immediately (the Category A notifications)
• To draft a legal document for adding the TF Agreement to the present regulatory WTO framework — the Protocol of Amendment. 

 

Ministers further agreed the General Council was to meet no later than 31 July 2014 to adopt the Protocol and to open the Protocol for acceptance until 31 July 2015.  The TF Agreement would then enter into force after two-thirds of the WTO’s membership (now 160 members) have completed their domestic ratification process.

The legal review was completed at the beginning of July. The Committee also received a considerable number of Category A notifications. But by the 31 July deadline there was no consensus on the Protocol. One member (India) said the text’s adoption had to be postponed until a permanent solution was found to its concerns on the separate issue of public stockholding for food security, a position it reiterated in this meeting.

WTO Director-General Roberto Azevêdo reported to the membership on 31 July that members were unable to reach consensus on the adoption of the Protocol, and he urged members to use the summer break to reflect on how to overcome the impasse.  At an informal meeting of the Trade Negotiations Committee (TNC) on 15 September, DG Azevêdo reported that conversations he held with members over the break showed that a solution was still far from evident.  He called for a period of intensive and comprehensive consultations to begin immediately, and said he would convene a TNC meeting in October to report on the outcome of those talks.

The Protocol would formally incorporate the TF Agreement into the WTO’s existing legal framework. In line with Article X:3 of the Marrakesh Agreement, the TF Agreement will only enter into force once  two-thirds of the WTO’s membership have deposited their instruments of acceptance .

The TF Agreement gives developing countries and least-developed countries (LDCs) ample flexibilities regarding the implementation of its provisions. They can decide which provisions they will designate for implementation when the Agreement enters into force (Category A), which provisions they will designate for implementation after a transition period (Category B) and which provisions they will designate for implementation after a transitional period and requiring the acquisition of implementation capacity (Category C).

The Category A notifications are available on the Documents Online  search page using the symbol WT/PCTF/*.