Statements of Canada - General Council meeting – December 14-15, 2023

1. REPORT BY THE CHAIRPERSON OF THE TRADE NEGOTIATIONS COMMITTEE AND REPORT BY THE DIRECTOR-GENERAL

• Express deep disappointment with India for unilaterally holding up progress of the IFD agreement.
• As others have just expressed, this is an agreement that will promote development through trade. It is driven by developing members for developing members, and it seeks to advance the WTO’s development agenda as the Doha round has failed to do.
• This is exactly the right kind of member engagement in support of a strengthened rules-based trading system with the WTO at its core.
• Call on India to cease its obstruction of progress desired by a majority of members.

2. THIRTEENTH SESSION OF THE MINISTERIAL CONFERENCE
   1. ADMINISTRATIVE MATTERS
      1. ELECTION OF OFFICERS
      2. REQUEST FOR OBSERVER STATUS BY PALESTINE (WT/L/1171)

• Canada deeply regrets the end of the humanitarian pause between Israel and Hamas. All hostages must be released. Sufficient humanitarian aid must reach civilians in Gaza to prevent the humanitarian crisis from deepening.
• Canada calls for the immediate release of those being held hostage and demands that hostages and all civilians be treated humanely in accordance with international law.
• We are deeply concerned about the humanitarian crisis in Gaza and its impact on civilians. The rapid and unimpeded access of humanitarian relief for civilians is essential.
• We welcome the deliveries of humanitarian aid through the Rafah border crossing, but much more is needed.
• We support humanitarian pauses to allow the flow of fuel, water, and other much needed humanitarian aid into Gaza.
• Canada unequivocally condemns the brutal terrorist attacks perpetrated by Hamas against Israel. Nothing can justify these acts of terror and the killing, maiming, and abduction of civilians.
• Canada supports Israel’s right to defend itself in accordance with international law.
• Canada will continue to call on all parties to protect civilians and respect international humanitarian law. Healthcare and humanitarian personnel and facilities must be protected in all circumstances.
• Canada stands firmly with the Israeli and Palestinian peoples in their right to live in peace, security, with dignity and without fear.
• Canada is committed to a two-state solution. We need to return to a framework that can best guarantee sustainable peace and dignity for both Israelis and Palestinians.

3. FOLLOW-UP TO OUTCOMES OF MINISTERIAL CONFERENCES
   1. MC12
      1. WTO REFORM – "REFORM BY DOING" - STATEMENT BY CHAIRPERSON (JOB/GC/359/REV.21; G/L/1523)

• Thank you Chair, glad to hear the good work being undertaken within the CTG.
• Would like to raise again the issue of reforming GC. Process of preparing for this meeting has been challenging: 28 items on the agenda, numerous sub-items, and communications which were not published until the very last minute. 
• Need more focused meetings in the lead-up to MC13. This is a busy time for many, agenda overloaded with new proposals and a meeting that keeps getting longer does not help.
2. PARAGRAPH 24 OF THE MINISTERIAL DECLARATION ON THE WTO RESPONSE TO THE COVID-19 PANDEMIC AND PREPAREDNESS FOR FUTURE PANDEMICS – STATEMENT BY THE CHAIRPERSON (G/L/1521)
3. PARAGRAPH 8 OF THE MINISTERIAL DECISION ON THE TRIPS AGREEMENT – DURATION OF EXTENDED DEADLINE
   1. DECISION TEXT ON EXTENSION OF THE 17 JUNE 2022 MINISTERIAL DECISION TO COVID-19 THERAPEUTICS AND DIAGNOSTICS – COMMUNICATION FROM SOUTH AFRICA (WT/GC/W/913 - IP/C/W/694/REV.1)
4. WORK PROGRAMME ON ELECTRONIC COMMERCE
   1. B.REPORT BY THE FACILITATOR
   2. CHALLENGES FOR DIGITAL INDUSTRIALIZATION IN DEVELOPING COUNTRIES – COMMUNICATION FROM SOUTH AFRICA (WT/GC/W/910)
   3. DRAFT MINISTERIAL DECISION ON THE WORK PROGRAMME ON ELECTRONIC COMMERCE - COMMUNICATION FROM AUSTRALIA; CANADA; CHILE; COSTA RICA; GEORGIA; HONG KONG, CHINA; ICELAND; ISRAEL; KOREA, REPUBLIC OF; LIECHTENSTEIN; MOLDOVA, REPUBLIC OF; MONTENEGRO; NORWAY; NEW ZEALAND; PARAGUAY; PERU; SINGAPORE; SWITZERLAND; SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU; UKRAINE AND THE UNITED KINGDOM (WT/GC/W/909)
   4. DRAFT MINISTERIAL DECISION ON THE WORK PROGRAMME ON ELECTRONIC COMMERCE – COMMUNICATION FROM SOUTH AFRICA (WT/GC/W/911)

• Thank you, Chair.
• I would first like to echo my Swiss colleague’s thanks to Ambassador Dwarka- Canabady for her tireless dedication in leading the revitalization of work under the Work Programme; this increased engagement since MC12 has led to valuable and fruitful discussions, that will form the basis of ongoing engagement related to the rapidly evolving world of electronic commerce.
• We have heard and would strongly agree that the Work Programme provides the space Members need for vital and relevant e-commerce issues to be examined in depth; and indeed, there is much to talk about, including the importance of applying the development dimension to these discussions.
• We have also heard today, at the Dedicated Discussion on December 8, and during consultations over the last number of weeks and months, an overwhelming number of Members across the spectrum of development call for the renewal of the moratorium on customs duties on electronic transmissions. Most recently, we see this within the communication submitted and presented by the ACP Group, which we found to be very useful.
• Maintaining the e-commerce moratorium alongside the Work Programme supports the core WTO principle of providing stability and predictability that help consumers and businesses, particularly MSMEs and women-led companies, maximize the economic benefits stemming from technological development.
• We thank Members for their time and engagement on drafting a call to renew the WP together with the moratorium over the last number of weeks under proposal WT/GC/W/909; we will continue to work together with all interested Members and Groups of Members on amending our proposal to reflect consultations.
• Thank you, Chair.
2. BUENOS AIRES (MC11), NAIROBI (MC10) AND BALI (MC9) (G/RO/99)

4. WORK PROGRAMME ON SMALL ECONOMIES – REPORT BY THE CHAIRPERSON OF THE DEDICATED SESSION OF THE COMMITTEE ON TRADE AND DEVELOPMENT (WT/COMTD/SE/12)

5. THE DEVELOPMENT ASSISTANCE ASPECTS OF COTTON - PERIODIC REPORT BY THE DIRECTOR-GENERAL (WT/GC/260 – WT/CFMC/DG/10 – WT/MIN(24)/1)

6. TRIPS COUNCIL MATTERS
   1. ANNUAL REVIEW OF THE SPECIAL COMPULSORY LICENSING SYSTEM - PARAGRAPH 7 OF THE ANNEX TO THE AMENDED TRIPS AGREEMENT AND PARAGRAPH 8 OF THE DECISION ON THE IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH (WT/L/540 AND WT/L/540/CORR.1) – REPORT OF THE COUNCIL FOR TRIPS (IP/C/97)
   2. PROPOSAL FOR A DECISION ON AN EXTENSION OF THE PERIOD FOR THE ACCEPTANCE BY MEMBERS OF THE PROTOCOL AMENDING THE TRIPS AGREEMENT (IP/C/96)

7. COMMITTEE ON BUDGET, FINANCE AND ADMINISTRATION – REPORTS ON MEETINGS OF 17 OCTOBER (WT/BFA/216) AND 22 NOVEMBER 2023 (WT/BFA/217)

8. WTO PENSION PLAN – AMENDMENT TO THE REGULATIONS (WT/GC/W/906)

• Very disappointed that this solution, which has been on the table for a year and has met with most members’ approval failed to gain consensus.
• While we hesitate, the financial gap will only widen.

9. LDC GRADUATION (ANNEX 2 OF WT/GC/W/807/REV.2) – REPORT BY THE CHAIRPERSON OF THE COMMITTEE ON TRADE AND DEVELOPMENT TO THE GENERAL COUNCIL (WT/COMTD/LDC/30)

• Canada thanks the LDC group for their recent communication on smooth transition measures for recently graduated LDCs.
• Unfortunately, we cannot agree to the suggestion that the General Council should first agree on the principle of a transition period, which would apply to the provisions listed in Annex 2 for a fixed number of years.
• Over the course of the past couple of months, we have had some useful but preliminary discussions on these proposals, and we think that discussions should continue in the LDC Sub-Committee.
• As mentioned on previous occasions, we are very open to continuing discussions, but we want to be clear that, for progress to be made, we need to be able to properly assess the impact of providing additional time through specific and concrete information from graduating members. To be clear, we are not asking for graduating members to explain their economic development needs, but rather to provide enough transparency to allow us to assess the potential impact, if any, of providing transitional time.
• Thank you.

10. PROPOSED REVISIONS TO WT/L/452 "PROCEDURES FOR THE CIRCULATION AND DERESTRICTION OF WTO DOCUMENTS" – COMMUNICATION FROM AUSTRALIA; BRAZIL; CANADA; COLOMBIA; COSTA RICA; EUROPEAN UNION; NEW ZEALAND; NORWAY; SWITZERLAND; SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU; THE UNITED KINGDOM AND THE UNITED STATES (WT/GC/W/897/REV.1)

• Thank you for the support this proposal received in July.
• For those who are new to this proposal, what we have proposed are a series of modest tweaks to the 2002 decision which would build on and enhance the transparency of documents while retaining the right of any Member to keep its own communications restrictions when necessary. It also adds guidance on the WTO website.
• We believe that this decision will help to modernize the WTO and will help external stakeholders to better understand this organization and the work that we undertake here.
• We hope that the General Council can agree to make these changes and adopt the resulting revised decision.

11. MC13 – IMMEDIATE STEPS TO RESPOND TO FOOD INSECURITY – COMMUNICATION FROM SINGAPORE (WT/GC/W/908)

12. PROPOSED MINISTERIAL DECLARATION FOR THE THIRTEENTH MINISTERIAL CONFERENCE: STRENGTHENING REGULATORY COOPERATION TO REDUCE TECHNICAL BARRIERS TO TRADE – COMMUNICATION FROM CAMEROON; CHINA; JORDAN; MACAO, CHINA; MYANMAR AND SEYCHELLES

• Thank you chair.
• Canada believes that Committee on Technical Barriers to trade is a well-functioning committee, which continues to undertake valuable work within the WTO system.
• Canada is pleased to support this proposal, which highlights the work that is already underway in the committee and which points at additional ways for members to further enhance their cooperation,
• We encourage other members to consider co-sponsoring this statement.

13. DRAFT MINISTERIAL DECISION ON PROMOTING AGRICULTURAL PRODUCTION AND TRADE IN NFIDCS AND LDCS - REQUEST FROM THE AFRICAN GROUP

• Canada would like to thank the Africa Group for its submission related to agricultural production and trade in NFDICs and LDCs and its submission related to SPS Measures (covered in the next agenda item).
• This intervention applies to both agenda items.
• We note that there has been significant discussion on these topics in the SPS Committee, the Committee on Agriculture, the Committee on Agriculture in Special Session and in dedicated work programmes operating under the auspices of those committees.
• These proposed Ministerial Decisions have not been discussed in those forums and we do not believe that the broader discussions in those forums have shown convergence on key issues such that these proposed Ministerial decisions are ready for discussion at the General Council.

14. DRAFT MINISTERIAL DECISION ON SPS MEASURES - REQUEST FROM THE AFRICAN GROUP

15. TECHNOLOGY TRANSFER AND ECONOMIC RESILIENCE – REQUEST FROM THE AFRICAN GROUP

16. THE CONTRIBUTION OF THE MULTILATERAL TRADING SYSTEM TO SUSTAINABLE AND RESILIENT AGRICULTURE AND FOOD SYSTEMS – STATEMENT BY THE CAIRNS GROUP (WT/GC/261)

• Canada is pleased to co-sponsor this Cairns Group Statement, which clearly outlines the importance of innovation, science-based regulation, and trade liberalization.
• We believe focusing on these three areas is critical to addressing food security and making a significant contribution to mitigating and adapting to climate change.

17. EUROPEAN UNION REGULATION ON SUPPLY CHAINS FREE FROM DEFORESTATION AND FOREST DEGRADATION – COMMUNICATION FROM ARGENTINA, COLOMBIA, DOMINICAN REPUBLIC, GUATEMALA, HONDURAS, PANAMA, PARAGUAY, AND PERU (WT/GC/W/912)

18. INFORMATION ON INVESTMENT FACILITATION FOR DEVELOPMENT – REQUEST FROM CHILE AND THE REPUBLIC OF KOREA (JOB/GC/373)

19. ENHANCING MULTILATERAL DELIBERATIVE FUNCTION ON ENVIRONMENT RELATED TRADE MEASURES AND FOSTERING SUSTAINABLE DEVELOPMENT - REQUEST FROM CHINA AND COLOMBIA

20. REVIEW OF THE EXEMPTION PROVIDED UNDER PARAGRAPH 3 OF GATT 1994 (WT/L/1165, WT/L/1178)

21. WAIVERS UNDER ARTICLE IX OF THE WTO AGREEMENT5
    1. INTRODUCTION OF HARMONIZED SYSTEM 2002 CHANGES INTO WTO SCHEDULES OF TARIFF CONCESSIONS – DRAFT DECISION (G/C/W/831)
    2. INTRODUCTION OF HARMONIZED SYSTEM 2007 CHANGES INTO WTO SCHEDULES OF TARIFF CONCESSIONS – DRAFT DECISION (G/C/W/832)
    3. INTRODUCTION OF HARMONIZED SYSTEM 2012 CHANGES INTO WTO SCHEDULES OF TARIFF CONCESSIONS – DRAFT DECISION (G/C/W/833)
    4. INTRODUCTION OF HARMONIZED SYSTEM 2017 CHANGES INTO WTO SCHEDULES OF TARIFF CONCESSIONS – DRAFT DECISION (G/C/W/834)
    5. INTRODUCTION OF HARMONIZED SYSTEM 2022 CHANGES INTO WTO SCHEDULES OF TARIFF CONCESSIONS – DRAFT DECISION (G/C/W/835/REV.1)
    6. REVIEW OF WAIVERS PURSUANT TO ARTICLE IX:4 OF THE WTO AGREEMENT
       1. PREFERENTIAL TREATMENT IN FAVOUR OF SERVICES AND SERVICE SUPPLIERS OF LEAST DEVELOPED COUNTRIES, GRANTED ON 17 DECEMBER 2011 UNTIL 31 DECEMBER 2030 (WT/L/847, WT/L/982)
       2. PREFERENTIAL TARIFF TREATMENT FOR LEAST-DEVELOPED COUNTRIES, GRANTED ON 16 OCTOBER 2019 UNTIL 30 JUNE 2029 (WT/L/1069)
       3. CUBA – ARTICLE XV:6 – EXTENSION OF WAIVER, GRANTED ON 23 NOVEMBER 2021 UNTIL 31 DECEMBER 2026 (WT/L/1128, WT/L/1179)
       4. UNITED STATES – AFRICAN GROWTH AND OPPORTUNITY ACT, GRANTED ON 30 NOVEMBER 2015 UNTIL 30 SEPTEMBER 2025 (WT/L/970, WT/L/1173)
       5. UNITED STATES – CARIBBEAN BASIN ECONOMIC RECOVERY ACT, GRANTED ON 16 OCTOBER 2019 UNTIL 30 SEPTEMBER 2025 (WT/L/1070, WT/L/1174)
       6. UNITED STATES – FORMER TRUST TERRITORY OF THE PACIFIC ISLANDS, GRANTED ON 7 DECEMBER 2016 UNTIL 31 DECEMBER 2026 (WT/L/1000, WT/L/1175)
       7. UNITED STATES – TRADE PREFERENCES GRANTED TO NEPAL, GRANTED ON 7 DECEMBER 2016 UNTIL 31 DECEMBER 2025 (WT/L/1001, WT/L/1176)

22. INTERNATIONAL TRADE CENTRE UNCTAD/WTO - REPORT OF THE JOINT ADVISORY GROUP ON ITS 57th SESSION (ITC/AG(LVII)/292)

23. REVIEW OF WTO ACTIVITIES. REPORTS OF:
    1. GENERAL COUNCIL (WT/GC/W/907), DISPUTE SETTLEMENT BODY(WT/DSB/85) AND TRADE POLICY REVIEW BODY (WT/TPR/509)
    2. SECTORAL COUNCILS (G/L/1520, S/C/646, AND IP/C/98), AND COMMITTEE ON AGRICULTURE (G/L/1520)
    3. COMMITTEES ON TRADE AND DEVELOPMENT (WT/COMTD/103), TRADE AND ENVIRONMENT (WT/CTE/30), BALANCE-OF PAYMENTS RESTRICTIONS (WT/BOP/R/123), BUDGET, FINANCE AND ADMINISTRATION (WT/BFA/218) AND REGIONAL TRADE AGREEMENTS (WT/REG/34)
    4. WORKING GROUPS ON TRADE, DEBT AND FINANCE (WT/WGTDF/22), AND TRADE AND TRANSFER OF TECHNOLOGY (WT/WGTTT/25)
    5. COMMITTEES UNDER THE PLURILATERAL TRADE AGREEMENTS (GPA/AR/69, WT/L/1177 – TCA/21)

24. APPOINTMENT OF OFFICERS TO WTO BODIES – ANNOUNCEMENT BY THE CHAIRPERSON PURSUANT TO PARAGRAPH 7.1(A) OF THE GUIDELINES (WT/L/510)

25. OTHER BUSINESS