Members review possible deliverables for MC14 at final 2025 General Council meeting

In wrapping up the meeting, DG Ngozi Okonjo-Iweala thanked members for their efforts throughout the year. "You've worked hard, and in spite of the long meetings we had and sometimes very pointed discussions, I have the feeling that we are getting somewhere with respect to our preparations for MC14."

"I'm actually quite encouraged," she added. "Sometimes it looks like there are a lot of divergences, but if you sit up here, you actually get a very good impression of how there's a lot of coming together on a lot of issues."

Possible deliverables for MC14 - report by the General Council Chair

Ambassador Saqer Abdullah Almoqbel (Saudi Arabia), the Chair of the General Council, reported on his engagement with members regarding possible deliverables for MC14. There is a shared conviction among members that MC14 must be a success. "But success will only come if we recognise that the world has changed and our approach must change with it," he warned. "We cannot afford to repeat old methods or dwell on past dimensions. Instead, we must focus on the major challenges facing the WTO, challenges that threaten the relevance of this organization which so many of us hold dear."

Regarding priorities for MC14, "the message from the members is clear," Ambassador Almoqbel said.  "WTO reform must be the main focus of MC14."  To this end, he will reflect with Ambassador Petter Ølberg (Norway), the facilitator of the WTO reform talks, on how to structure the work ahead, including the possibility of drafting a WTO reform document that could be discussed among all members and ultimately endorsed by ministers in Yaoundé.

On dispute settlement reform, while positions have not shifted dramatically, "I hear members loud and clear that a reformed WTO is a WTO with a reformed dispute settlement mechanism."  Ambassador Almoqbel said he would work with Ambassador Clare Kelly (New Zealand), the Dispute Settlement Body chair, and Ambassador Ølberg on language for a text on WTO reform to be ultimately endorsed by ministers at MC14.

E-commerce - namely the work programme and the moratorium - constitutes another priority, with many members calling for a tangible outcome at MC14, the General Council Chair noted.  He urged members to engage constructively with Ambassador Richard Brown(Jamaica), the facilitator for the WTO's Work Programme on E-Commerce, and redouble efforts to bridge remaining gaps in order to produce a possible text for ministerial endorsement.

Other areas with potential for progress include S&DT, where opportunities exist for deliverables, particularly in the area of small economies and Aid for Trade, he said. Many members have also called for an outcome at MC14 on graduation from least developed country (LDC) status, Ambassador Almoqbel said, with discussions underway on two alternative texts for decision. He also expressed hope that members could reach an agreement in Geneva before MC14 on enhanced S&DT treatment provisions in the SPS and TBT agreements.

With regards to the plurilateral agreements on Investment Facilitation for Development and the Agreement on Electronic Commerce, Ambassador Almoqbel said that despite reservations from some members, the draft decisions to integrate these agreements into the WTO framework "enjoy broad support amongst a significant part of the membership. The number of agenda items dedicated to those joint statement initiatives at this meeting show the level of interest and the desire of the members to engage on this matter."

On a possible MC14 consensus Ministerial Declaration, Ambassador Almoqbel said several members feel that negotiating a consensus text detracts from core priorities or even risks dividing members further, while others believe that a declaration would signal members' unity and shared commitment to the WTO. He proposed drafting a minimalist "zero draft" focusing on basic points of convergence, with members having time to suggest improvements.  If, by a deadline to be announced, no agreement on a minimalist text can be reached, the only remaining option is to ask the MC14 Chair to issue a statement under his own responsibility.

"The work ahead is substantial but I am confident that by focusing on what unites us and resolving as much as possible here in Geneva, we can set a stage for a successful MC14," the General Council Chair told members, adding that all priority areas will continue to be addressed post-MC14.

Report by the Director-General

At the start of the meeting, the Director-General, reporting in her capacity as Chair of the Trade Negotiations Committee (TNC), provided members with her proposed recommendations for possible deliverables at MC14. Based on what she said she heard from members at the 12 December meeting of the TNC, she outlined the following:

• Special and differential treatment (S&DT): the General Council should consider the proposed draft Decision by the G90 group of developing and least developed members on enhancing S&DT treatment provisions in the WTO agreements on sanitary and phytosanitary (SPS) measures and technical barriers to trade (TBT); proposals regarding other Agreement-specific provisions are not expected to be delivered to ministers for action at MC14;
• Fisheries subsidies: no negotiated substantive outcome on additional provisions is expected for ministerial action at MC14; members should consider seeking political support for post-MC14 work;
• Agriculture: no negotiated broad substantive outcome on agriculture is expected for ministerial action at MC14; submissions currently on the table should be narrowed with the aim of presenting ministers at MC14 with a single, consolidated text;
• Negotiations in the Committee on Environment and the Council for Trade-related Aspects of Intellectual Property Rights (TRIPS) in special sessions: no negotiated broad substantive outcome on trade and environment or TRIPS is expected for ministerial action at MC14; members should decide how they would like to advance these issues, given the long hiatus in negotiating activity;
• Services: no negotiated substantive outcome on trade in services is expected for ministerial action at MC14; work should continue in the Services Council Special Session, the negotiating body for the services talks.

The Director-General underscored that the absence of a concrete outcome in a given area at MC14 "does not signify the end of the road. It simply means that more time is required, or that conditions are not yet in place."

WTO reform - report by the facilitator

Ambassador Ølberg reported on the consultations he held with members since being appointed facilitator in June.  He noted that he was tasked to gather members' views on the elements of a comprehensive reform process. Based on this, he structured work across three tracks: governance, fairness and issues of our time. This in turn led to focusing the subsequent scoping exercise on the issues of decision-making, development and S&DT, and level playing field issues. 

On decision making, while no member questions the existing practice of decisions by consensus, "shared frustrations remain" regarding the challenges in reaching decisions, including the handling of plurilateral initiatives, he said. Regarding S&DT, while no member challenges the principle, views diverged regarding its effectiveness and who should have access to it, he added. On level playing field issues, this work stream "is seen as both important and complex, reflecting the different perspectives of members."

Ambassador Ølberg noted that these three issues do not encompass the full scope of matters members consider essential for WTO reform and that members have called for discussions on broader questions, including most favoured nation treatment and its erosion, the growing reliance on national security and other exceptions, domestic legislation invoked to justify unilateral actions, and structural drivers of trade imbalances.

Ambassador Ølberg said that while divergences remain, the discussions have made tangible progress. "The goal in the lead-up to MC14 is not to resolve every issue, but to lay the foundation for ministers to be in a position to provide guidance at MC14 that will allow officials to begin examining approaches after MC14," he said.

He also underscored that reform must mean change. A return to the status quo "will only deepen scepticism," he added. "With such an approach, we run the much greater risk of sliding into irrelevance . the world has evolved. Our rules, processes and mindset must evolve too, or confidence inside and outside will erode."

With regards to outcomes at MC14, the facilitator recommended the following:

• Ministers should engage in a focused ministerial-level discussion on the foundational and pressing systemic issues that many members have identified as essential;
• Ministers should endorse a balanced and forward-looking plan for post MC14 reform work;
• Ministers should endorse clearly defined checkpoints to guide and assess progress; and
• Ministers should endorse appropriate modalities to enable concrete and effective reform following MC14.

Dispute settlement (DS) reform consultations - report by the Chair of the Dispute Settlement Body (DSB)

Ambassador Kelly reported on her recent consultations with members on dispute settlement reform held in November.  Members were invited to provide views on two questions: (i) what guidance will members wish to seek from ministers at MC14 on dispute settlement reform? and (ii) in what format do members wish to resume technical discussions on dispute settlement reform, and at what time?

With regards to the first question, Ambassador Kelly said she heard a variety of views, including ministers reiterating the importance of a fully and well-functioning dispute settlement system and reiterating their commitments made at MC12 and MC13 towards this end. She also heard the importance of ministers instructing officials to continue DS reform discussions after MC14 and build on the progress made thus far; providing a roadmap for post MC14 work; and setting a new deadline to conclude DS reform work.

A suggestion was also made for a ministerial discussion on what kind of dispute settlement system members want, as well as a suggestion that members make an MC14 commitment not to file appeals "into the void," i.e. file appeals on panel findings that have no chance of being reviewed while the Appellate Body is not functioning.

Regarding the second question on timing, Ambassador Kelly said various views were expressed, with some members calling for technical discussions to resume immediately after MC14 while others said that this work should only take place once it would be constructive to do so in the post-MC14 period.  She underlined that during these consultations, members overwhelmingly reaffirmed that dispute settlement reform is a priority. 

Work Programme on Electronic Commerce - report by the facilitator

In his report, Ambassador Brown said members have started consideration of text-based proposals for a draft ministerial decision at MC14. Two submissions are currently on the table: one by the African, Caribbean and Pacific (ACP) Group and one by Costa Rica, Ecuador, Guatemala, Paraguay and the United States. Ambassador Brown said there has been positive engagement on the proposals, and several delegations have indicated their readiness to start discussions on a common draft decision based on these texts.

On the Work Programme, the facilitator said delegations generally welcomed some of the elements presented in the ACP proposal - in particular, the reinvigoration of the Work Programme, the focus on the development dimension, and the call for continued collaboration with international organizations, the private sector and other relevant stakeholders. Some suggested considering a more structured and forward-looking Work Programme, with the possibility of exploring emerging digital trade issues, including artificial intelligence. 

Regarding the moratorium on customs duties applicable to electronic transmissions, some members support the continuation of the current practice of extending the moratorium at each Ministerial Conference while continuing further analytical work on its costs and benefits, Ambassador Brown said. Some members are also ready to consider an open-ended moratorium, as suggested in the US proposal, or a longer extension period to provide more stability and predictability to digital trade. A few members, however, do not support the extension of the moratorium because of fiscal and policy space considerations.

Investment facilitation for development

The General Council was unable to reach consensus on the request supported by 128 co-sponsors to incorporate the Investment Facilitation for Development (IFD) Agreement into the WTO's legal architecture as a plurilateral agreement under Annex 4 of the Marrakesh Agreement establishing the WTO. This marked the 11th time the proposal had been submitted to members for adoption.

Speaking on behalf of the co-sponsors, Chile welcomed Egypt as the 128th member to join the initiative. Chile reiterated the urgent need to incorporate the IFD Agreement into the WTO framework, emphasizing the benefits it could bring in facilitating investment inflows to developing economies. It highlighted the co-coordinators' ongoing work to enhance technical assistance and conduct needs assessments for developing and least-developed economies, as well as their engagement with members that have objections to its incorporation.

One delegation reiterated its objection to incorporating the IFD Agreement into the WTO multilateral framework.  Another delegation said it had received new instructions from their government and that it would no longer stand in the way of consensus on incorporation, while a third delegation,  despite having reservations, expressed willingness to continue dialogue.

Agreement on Electronic Commerce - request from the parties

The General Council was unable to reach consensus on the request by 72 co-sponsors to incorporate the Agreement on Electronic Commerce into the WTO's legal architecture as a plurilateral agreement under Annex 4 of the Marrakesh Agreement. The text for the Agreement was concluded in July 2024; this was the second time in 2025 that the proposal to incorporate it into Annex 4 was put before the General Council.  Seven members expressed concerns with the proposal, with several indicating they were open to further discussion on the matter.

Singapore, one of the co-convenors of the plurilateral initiative, said co-sponsors will continue to engage with members and seek incorporation into Annex 4 in order to ensure tangible benefits are delivered to people.

Smooth transition support measures for countries graduated from LDC status

The Gambia, on behalf of the Least Developed Country (LDC) Group of members, presented the group's paper on smooth transition support measures in favour of countries graduated from the LDC  category.  The Gambia noted that, following extensive consultations and revisions in response to members' feedback, the LDC group had reduced its proposal from 17 to six elements in order to facilitate consensus.  The group believes that the streamlined submission represents progress and the matter should remain under consideration for MC14.

Around 20 members took the floor, with many speaking in favour of the initiative. One member reiterated its position on the proposal remains unchanged and that, with no consensus or recommendations possible in the Sub-Committee on LDCs, it considered the matter closed.  The Gambia said it was hopeful that further reflections will allow space for flexibility and that it remained committed to dialogue, consensus, and constructive engagement.

Enhancing implementation of S&DT provisions of the SPS and TBT agreements 

South Africa, speaking on behalf of the G-90 group, put forward a draft decision to instruct the SPS and TBT committees to consider the G-90 recommendations aimed at enhancing the implementation of S&DT provisions under the SPS and TBT agreements. One member said it opposes elevating this discussion to a General Council decision and that it should be left to the SPS and TBT committees to keep working on technical issues.

South Africa noted what it said was overwhelming affirmation for the G-90 proposal and said the group remained open to engaging with members with a view to finding a path forward.