Cover letter from the Chairman of the Committee on Agriculture, Special Session to the Chairman of the Trade Negotiations Committee

Dear Mr Lamy,

I am sending to you in your capacity as TNC Chair, the attached document in line with the discussions at the informal TNC of 30 May and your fax of 16 June to TNC participants.

It sets out draft Modalities for preparing the Schedules for the Agriculture negotiations. I should stress that this document is not in a formal sense agreed by Members, even as a draft. But it is intended to reflect in a balanced and accurate way the state of intensive discussions and reflection to this point within the Special Session, consistent with the ground rules of our enterprise as laid down, for instance, in TNC/1: “Chairpersons should reflect consensus, or where this is not possible, different positions on issues.” Of course, it is only the Members themselves that can establish Modalities, and it is a matter for Members also as to what documentation they wish to adopt in working to that end. That being the case, I forward this particular document in my capacity as Chair of the Informal session on Agriculture to you as Chair of the TNC.

There should be no surprises therein. Indeed, it has long been the premise of our work that this should not be the case. It has been clear that the draft that would emerge this week would be unlikely to contain things Members have not seen or heard before, or things that Members would not be able to work out for themselves. Members for their part have made it clear that they do not expect invented “solutions” out of thin air, and even if they were to appear, they would serve no practical purpose given that they emerge in a vacuum and are severed from any real emergent consensus or convergence by Members themselves. They have made it just as clear that they see draft “Modalities” as meaning precisely that: there is no basis to pick and choose among them. This is a “menu fixe” for decision. It is no smorgasbord. Reflecting that approach, I foreshadowed in the Reference Paper issued last week that: “unless or until there is such emergent consensus, one has to respect the substantive positions of Members. Come that date, therefore, I will be issuing a document that does so.”

That is precisely the kind of document that is now attached.

It is not an elegant document. But it reflects the reality of where we are. When all is said and done, where there are divergences, there are divergences. There is no point deluding oneself on that. Indeed, it would be a profound error to do so. Apart from anything else, there will never be any prospect of bridging differences if one does not have a sober and realistic view of them to begin with. Brushing things under the carpet or wishing things were otherwise than they are is no way to resolve differences. Dealing with them honestly and fairly can be the only way that has any chance of moving us forward. I have not, therefore, attempted to invent solutions where none has so far emerged. To do so would not only go against our agreed procedures but also against a Chair's more fundamental duty to deal honestly and fairly with the Membership.

A Chair's responsibilities also involve the responsibility, consistent with that duty of honesty and fairness, to call things as they are seen in an effort to move the process forward. In my Reference Papers and, indeed, through more informal processes, I provided some commentary of my own which was aimed at suggesting where I thought particular efforts could and should be made. I stand by those various comments, but I do not think it is appropriate now to elaborate further any such personal views. They are on the record, and they served a purpose at the time — which was to try to promote convergence. But we are beyond that point now. Having made my own comments, positions of Members are what they are. The task here and now is above all to reflect that as fairly and honestly as possible. At this crucial point in the negotiations it is more than ever important to confront the issues squarely as they are without distraction or intrusion.

I can conclude only by confirming to you and participants that I remain committed to facilitating convergence in every way possible in the time remaining to us. You may count on my continued full support in your efforts as Chair of the TNC to move us forward over the crucial next few days in particular.

Download whole document 22 June text   > Word   > pdf
29 June correction   >  Word   > pdf

Yours sincerely
Ambassador Crawford Falconer
Chairman
Committee on Agriculture, Special Session