I. Introduction

1. The first section of this report is a summary of the AITIC session while the second part gives an overview of the main points of the Geneva Week programme organised by the WTO Secretariat.

II. The AITIC Session of the Geneva Week

2. As part of the 16th Geneva Week for WTO Non-Resident Members and Observers, AITIC organised on 1 July 2008 an information session entitled “AITIC’s Non-Residents’ Unit – A Home Away From Home”. AITIC’s Deputy Executive Director introduced the services the Agency provides to non-residents, with a special emphasis on the Non-Resident Unit (NRU). Representatives from Swiss Authorities presented practical information and advice on establishing a mission in Geneva. Finally, the participants were given two country experiences on working from the NRU to establish a permanent mission in Geneva.

A. Opening Remarks and Presentation of AITIC’s Services for Non-Resident Members and Observers of the WTO – Mr Claude Trolliet, Deputy Executive Director, AITIC

3. Since its inception in 1998, AITIC has been aware of the numerous difficulties facing the less-advantaged countries (LACs), for which the lack of permanent mission in Geneva is one of the main hurdles for participating in the WTO activities and Doha or accession negotiations. As WTO decisions were taken by consensus [note 1], if no member, present at the meeting when the decision was taken, formally objected to the proposed decision, being absent from Geneva for lack of permanent mission de facto excluded the non-residents (NR) from the WTO decision-making process, adding another difficulty to their plight.

4. Mr Trolliet presented the different services AITIC offers to countries that do not have a permanent mission in Geneva. Services of AITIC to non-residents (NR) had three objectives: 1) Assist LACs without a permanent mission in Geneva to better follow the work at the WTO; 2) Raise the awareness of NR in accession to the WTO about the advantages that would flow from an accession, and provide them with personalised assistance responding to their needs in this domain; and 3) Support those NR wishing to open a permanent mission in Geneva. In response to these objectives, AITIC created the NRU in 2001. Other institutions like the WTO have soon followed suit and developed services specifically designed for NR, such as the Geneva Week.

5. The services provided within the NRU were both analytical and logistical. The analytical services aimed to increase the understanding of the work in the WTO; to provide an overview of the state of play in the Doha Work Programme (DWP) and the positions of the different country groupings; and to offer a proper understanding of the technical jargon. In this regard, the Briefing Notes that were regularly published by the Agency offered the reader inter alia summarised information on technical subjects as well as the state of play in the WTO negotiations and analysis of the revisions of the modalities texts.

6. At a logistical level, described by Mr Trolliet as the visible part of the iceberg, the users of the NRU dispose of fully equipped offices within the AITIC structure. The aim was to assist countries and regional organisations without representation in Geneva to reduce the administrative burdens in establishing a permanent mission. AITIC had already provided this assistance to a number of countries and organisations, among them Burkina Faso, Cambodia, Lao PDR, Mali, Namibia, Niger, Central African Republic, Togo, Uzbekistan, Vanuatu and the Organisation of Eastern Caribbean States (OECS). Additionally, the Agency organised on average two or three seminars and workshops per year relating to e.g. the DWP. Finally, several meetings in Brussels have taken place on issues of particular importance to non-residents, such as economic partnership agreements with the European Union.

B. Support to Permanent Missions in Geneva: The Role of the Swiss Confederation and the Canton of Geneva – Ms Anne-Lise Favre Pilet, Counsellor, Head of Security and General Affairs, Permanent Mission of Switzerland to the United Nations, Mr Olivier Coutau, Delegate to International Geneva, Republic and Canton of Geneva, Mr Bernard Reymond, Director, International Geneva Welcome Centre (CAGI)

7. Ms Anne-Lise Favre Pilet noted that with 229 permanent missions, 25 international organisations with a seat agreement, and 159 countries represented, the international community in Geneva currently counts more than 40,000 members. The Swiss Mission handles all questions relating to privileges and immunities. Such issues include the issuance and withdrawal of the cartes de légitimation, the procedure of accreditation of permanent missions in Geneva, courtesy visits to the different authorities based in Geneva, customs privileges, and access to the labour market for family members of diplomats living in Geneva [note 2]. The Swiss Mission is the main diplomatic channel for all Swiss authorities (federal, cantonal, and local) for all issues concerning international organisations and permanent missions. In addition, the Swiss Mission also provides office space to countries wishing to follow sessions at the Human Rights Council.

8. In his presentation, Mr Olivier Coutau stated that the cantonal authorities in Geneva offer support to LACs in form of a contribution to the rent of the permanent mission (CHF 3000 per month). Additionally, the Fondation des Immeubles pour les Organisations Internationales (FIPOI) manages buildings for international organisations and in some cases also for permanent missions. The Canton of Geneva further provides support to non-governmental organisations, and he noted that a special police corps had been set-up to handle security issues for international organisations, permanent missions and their personnel.

9. Mr Bernard Reymond presented the services provided by the International Geneva Welcome Centre (CAGI) and underlined that its services are free of charge. The CAGI offers its services to all newly-arrived diplomats and international officials in Geneva which vary from practical help on how to buy or rent office space, to events services, tourism and linguistic exchange.

C. Leaving the Non-Resident Status Behind: Country Experiences – HE Mr Adani Illo, Ambassador, Permanent Mission of Niger to the WTO, HE Mr Leopold Ismael Samba, Ambassador of Central African Republic

10. Ambassador Illo of Niger presented his experience during the months he was based at the NRU until the inauguration of the permanent mission of Niger to the WTO on 17 April 2008. During his time at the NRU, he had been well informed about the state of play of the DWP which had given him the possibility to better coordinate and defend the different interests of his country. He underscored the labour intensiveness of setting up a permanent representation, and drew participants’ attention to the necessity of a firm political decision in capital to establish a permanent mission before starting the process in Geneva. He stressed that prior to opening a permanent mission, three basic issues had to be decided by the authorities of the country: the size and responsibilities of the permanent mission, the budget attributed and the rank of the diplomats, including the head of the mission (e.g. chargé d’affaires or ambassador plenipotentiary). He identified four major steps in the process: 1) presenting a request to open a permanent mission in Geneva to the Swiss authorities; 2) designating the Head of mission and informing the Swiss mission; 3) dealing with the logistical aspects and 4) presenting the representative’s credentials to the WTO and other organisations to which he would be accredited . The first two steps would be managed from the capital. The latter two required a presence in Geneva. Throughout the process, liaising with the Swiss mission in Geneva proved absolutely critical.

11. As a beneficiary of the NRU services since 25 February 2008, Ambassador Samba of the Central African Republic insisted on the usefulness of the assistance provided by AITIC’s NRU, in terms of both logistics and human value. He qualified the Agency as “a pool of resources” ensuring the best conditions for the establishment of a permanent mission, and facilitating coordination with the Swiss authorities and synergies between his country and Regional Groups (e.g. African Group, LDC Group). He further invited the participants to reflect on launching an “Annual AITIC Day”.

D. Discussion

12. The presentations were followed by a lively discussion with the floor, as participants showed a high interest in the services available to NR and the support available for the establishment of a permanent mission in Geneva. In reply to a question on the extent of the assistance provided by AITIC to permanent missions to the United Nations, the AITIC representative clarified that insofar as they were trade-related issues, the Agency responded to technical assistance requests (bearing in mind that LDCs and NR were at the top of its priorities). Emphasis was laid on the role played by the Agency in allowing the countries which made use of the NRU to use AITIC’s address as their own. Having an address was essential to open a bank account (which in turn was needed to sign a lease), to facilitate communication and to complete administrative procedures. Residing in the NRU and using the Agency’s address thereby broke a “vicious cycle” in the process of establishing a permanent mission.

13. On the administrative side, several points were raised. Swiss authority officials explained that a permanent mission accredited to an international organisation in Geneva could not have functions outside its core competencies (i.e. maritime or consular affairs). Furthermore, it was not possible for a Head of mission accredited to the international organisations in Geneva and resident in that city to be accredited to the Swiss Government. On the other hand, a Head of mission accredited and resident in Bern might at the same time be accredited to the international organisations in Geneva. In exceptional cases, a country might be authorised to accredit the same Ambassador in both Geneva and Bern, residing in Geneva, provided that the country was an LDC or that Switzerland had no representation in that country. Several delegates suggested that a manual on the procedure of the opening of a mission in Geneva be elaborated. The website of the Swiss Federal Department of Foreign Affairs already contained some useful fact sheets in this respect [note 3]. A general estimate of the costs of setting up a permanent mission in Geneva would also be useful. Participants discussed the possibility to regroup several national missions in the same office environment with a view to share costs. This would be possible provided that the respective national emblems of the permanent missions remained distinct.

14. Finally, Ambassadors Illo and Samba underlined the importance of their presence in Geneva. A representation in Geneva enabled their countries to identify key sectors of interest to them in the on-going negotiations at the WTO, as well as to reinforce bilateral ties with Switzerland. Additionally, a number of regional groupings (e.g. the African Group) worked on the elaboration of common positions among developing countries. Representation in Geneva was crucial to participate in such coordination efforts.

III. The Geneva Week Programme

A. Opening Remarks by the Director-General of the WTO, Mr Pascal Lamy

15. In his welcome address to the Non-Residents [note 4], Mr Pascal Lamy, Director-General of the WTO reiterated the WTO’s commitment to continue to work to meet their needs with a special focus on technical assistance. He encouraged members to make use of all the resources available to them. The Director-General highlighted the state of play of the negotiations in the areas of agriculture and non-agricultural market access (NAMA), and made a call for “substantive engagement by all WTO members including non-residents” for a successful conclusion of the Doha Round, which he deemed achievable. He noted that increased Aid for Trade (AFT) country ownership was a priority objective of the 2008 AFT Roadmap together with the implementation of sectoral plans at the national and regional levels and the development of performance indicators. He reiterated his commitment to mobilise resources, and mentioned forthcoming AFT events such as the Expert Symposium on Evaluation, to be held on the 11-15 September in Geneva, and the regional Roundtable Meeting on AFT in Fiji, also in September. He stated that the launching of the Enhanced Integrated Framework (EIF) was forthcoming.

16. During an interactive debate, special attention was paid to the causes of soaring food prices. Mr Lamy recalled that achieving an agreement on the WTO Doha negotiations could help soften, in the medium and long term, the impact of high prices by tackling the systemic distortions in the international market for food, in cooperation with other efforts by governments and international organisations.

B. Introductory Remarks by the Chairman of the General Council, HE Mr Bruce Gosper (Australia)

17. Ambassador Gosper, Chairman of the General Council, extended his welcome to the non-residents, reiterated the statement by Director-General Lamy and strongly encouraged members to continue the work towards a successful conclusion of the DWP. He further outlined the role of the General Council and informed participants that the next session of the General Council is scheduled to take place on 29-30 July 2008. It will deal, among other issues, with member’s work in relation to AFT.

C. Briefing on the Committee on Trade and Development – HE Mr Shree Baboo Chekitan Servansing (Mauritius), Chairman of the Committee

18. In his presentation, Ambassador Servansing, Chairman of the Committee on Trade and Development (CTD), announced that the seventh session of the CTD would take place on July 11 2008. The CTD has traditionally been a forum for notification and review of regional trade agreements (RTAs) between developing countries, but its role also consists of providing a transparency mechanism for preference schemes favouring developing countries which are authorised under the Enabling Clause. Inthis regard, Ambassador Servansing underscored two recent notifications brought to the attention of the committee; Norway’s changes in its GSP scheme, and China’s changes to the Asian Pacific Trade Agreement (APTA). He also noted the new RTAs between among others Egypt and Turkey, and Pakistan and Malaysia. Regarding Small Vulnerable Economies (SVE), which is also within the scope of the Committee, he made reference to the adoption of a report on the right of SVEs to use regional groups to help them meet their engagements in Sanitary and Phytosanitary measures (SPS) and TRIPS matters as part of the successes of the SVE work programme.

D. Briefing by the Chairman of the Committee on Trade and Development in Special Session – HE Mr Thawatchai Sophastienpong (Thailand)

19. The Chairman of the Committee on Trade Development in Special Session, Ambassador Sophastienpong, explained the shifting emphasis of the Committee regarding Special and Differential Treatment (S&D) flexibility. Although the initial mandate automatically granted this kind of concessions to developing countries, they are now analysed on a case-by-case basis to help countries “graduate” from this treatment. The different perceptions of S&D between developing and developed countries have contributed to divergences on various matters. In this regard, members remain to date at odds on the proposal on Article 10.3 of the SPS Agreement dealing with time-limited exceptions for developing countries for new SPS measures. However, they have found convergence on proposals such as that on Article 10.2, which makes reference to possible extension for developing country of time-frames for implementation of new SPS measures.

20. Following these presentations, the issue of AFT was raised by participants. Recurrent questions concerned the level of resources available under the AFT initiative, the channels to be used to obtain funding, as well as the criteria that would need to be fulfilled to access these funds. In reply to these questions, Mr Hans Peter Werner, Counsellor in the Development Division at the WTO Secretariat, recalled the pledges made at the Hong Kong Ministerial meeting by the EC and the US, EUR 2 billion and USD 2.7 billion respectively, as well as Japan, USD 10 billion between 2006 and 2008. Mr Werner invited the participants to present projects to the regional development banks as well as their traditional bilateral donors to obtain AFT funding. Furthermore, he gave an overview of the activities foreseen in this field until the end of 2008. Among these was a symposium that would present the results from the work undertaken by the OECD, the WTO, and the World Bank in order to improve the evaluation and surveillance of AFT flows. Finally, Mr Werner indicated that in his opinion the outcome of the Doha Work Programme, whatever it might be, would not have an impact on AFT.

E. Briefing on the Special Session of the Committee on Agriculture and the Sub‑Committee on Cotton – Ms Majda Petschen, Counsellor, Agriculture and Commodities Division, WTO Secretariat

21. On behalf of theChairman of the Negotiating Group on Agriculture, Ms Majda Petschen informed the participants that the latest draft modalities text had been circulated on 19 May 2008 [note 5]. Following this, a series of meetings had taken place between 26 May and 3 June 2008. The May modalities text, compared to the previous February text, was characterised by being fairly similar to earlier versions in all three pillars, including domestic support and the specific provisions on cotton, and all elements of export competition. There had been evident progress on a number of issues, with a consequent reduction of number of brackets. The text had been simplified by offering fewer options in several parts, such as the Special Safeguard Mechanism (SSM), and Special Products. The text maintained the level of ambition on market access by stipulating a minimum of 54 per cent average tariff cut for developed countries, while developing countries would have a maximum 36 per cent and effectively a much lower one (24 per cent) for the most vulnerable among them. In addition, modalities on tariff escalation had been refined, reflecting the request of the African Group. Overall, the text was balanced between exporting – importing and developed – developing countries.

22. In dealing with outstanding issues, and those that could be resolved prior to the ministerial meeting foreseen for the week of 21 July 2008, Ms Petschen stated that the Chair was engaging selective delegations on specific issues, such as the coverage of the SSM and the duration of the related measures. She noted that it was the Chair’s intention to convene Green Room meetings to prepare a revised modalities text for circulation in time for members to prepare for the ministerial meeting. It was noted that the present climate of high food prices had an influence on the negotiations and especially on the rationale of some of the controversial instruments being discussed when the level of protection everywhere had been lowered considerably.

23. A tour of the WTO’s website and documents online presented by the Unit on Information Management Systems and Services to Members followed the briefing on agriculture.

F. Briefing on the Negotiating Group on Non-Agricultural Market Access – HE Mr Don Stephenson (Canada), Chairman of the Negotiating Group

24. Ambassador Stephenson noted that the latest draft NAMA modalities text had been circulated on 20 May 2008 [note 6], coinciding with that on agriculture. Although the new text had offered more flexibilities for developing countries and more room to negotiate, little progress followed its circulation and the Chair had suspended the meetings on 2 June. Since then, some members had engaged further in trying to resolve, among others, the formula issue. The aim in facilitating such informal processes was to arrive at a compromise in smaller groups which in turn could be “multilateralised” by seeking the endorsement from the broader membership. Following these informal consultations, and in parallel with the process under the negotiating group on agriculture, the Chair would attempt to amend the existing text for circulation shortly thereafter. The two drafts would then be the subject of the “horizontal” process under the Chairman of the Trade Negotiations Committee, Director-General Lamy.

25. The objective of the revised text and the horizontal process is to hopefully reduce the main outstanding NAMA issues to three. Ministers would then have to decide on: coefficients of the Swiss formula; the number of tariff lines that developing countries can exclude from reductions; and the issue of recently acceded countries (in particular, China).

26. On the sensitive issue of formula flexibilities, the approach that has been gaining ground is that of a sliding scale – the lower the coefficient, the higher the flexibility and vice versa. A thorny issue is a proposed “anti-concentration” clause prohibiting an entire sector from being carved out entirely from the reduction commitments. A text under consideration would specify that a certain percentage of trade volume (or percentage of tariff lines) would not be included in such carve-outs. Even the option of a percentage of tariff lines would still allow for considerable flexibility since some 50 per cent of tariff lines often amount to 90 per cent of trade volume under those sectors.

27. On the issue of recently acceded countries, China was seen differently from the others due to its size and importance in international trade. Major difficulties pertain to agreeing to give China more flexibility beyond possibly a grace period and a longer implementation period.

28. For least-developed countries (LDCs) the main issue relates to gaining more precision on the already agreed duty-free quota-free (DFQF) market access for 97 per cent of their tariff lines. In particular, further information was requested on which tariff lines would be left out and what timeframe, if any, would apply for obtaining DFQF access to these as well. Another important issue for the LDCs is technical assistance and capacity building activities through the Enhanced Integrated Framework (EIF) and AFT. It was noted that donors are hesitant to commit themselves to legally binding texts on such assistance.

G. Briefing on the Negotiating Group on Rules – Mr Jesse Kreier and Ms. Clarisse Morgan, Counsellors, Rules Division, WTO Secretariat

29. On behalf of the Chairman of the Negotiating Group on Rules, Mr Kreier reminded participants that rules negotiations addressed the topics of antidumping, subsidies and countervailing measures, fisheries subsidies and regional trade agreements (RTAs). For these areas, the Group had been mandated to clarify and improve disciplines, to preserve basic concepts, principles and effectiveness. The negotiations on RTAs were not discussed, as there had not been any development since the adoption of the Transparency Mechanism in December 2006.

30. Mr Kreier presented the first draft text circulated by the Chairman in November 2007 on antidumping and subsidies (including fisheries subsidies) and countervailing measures [note 7]. He informed how the text had sparked strong criticism from most members, some claiming that it had gone too far, by the inclusion of “zeroing”, while others argued that it had fallen short of addressing the main issues. In addition, the text did not include all the proposals submitted, which had given rise to further concerns. In an attempt to reassure members that all the proposals were still subject to discussion, the Chair had recently tabled a working document which compiled all the proposals submitted [note 8]. For the future, the Chair had confirmed his firm intention to revise the texts, once he had the basis to do so.

31. Ms Morgan referred to the specific situation of fisheries subsidies, which had since the beginning of the DWP been subject to intense work. She explained that in the Chairman’s November draft text, fisheries subsidies were included in Annex 8 of the subsidies agreement. The subsidies subject to prohibition were listed in that Annex following a bottom-up approach, i.e. it listed all the subsidies that were proposed to be banned. This list included a ban on subsidies for “unequivocally over-fished” stocks and subsidies that could contribute to the depletion or the creation of overcapacity in respect of stocks in which another member had identifiable fishing interests. It further listed subsidies on operating costs, particularly on fuel or further transfer of access rights. Annex 8 also included some general exceptions applicable to all members, such as those subsidies aimed at an increase in vessel and crew safety or vessel decommissioning, as well as some S&D provisions. LDCs would not be subject to any prohibition and other developing countries could still maintain some flexibilities. Other proposals dealt with transparency measures and the inclusion of the FAO as an expert institution to handle the more technical talks.

H. Briefing on the Negotiating Group on Trade Facilitation – HE Mr Eduardo Ernesto Sperisen-Yurt (Guatemala), Chairman of the Negotiating Group, and Ms Sheri Rosenow, Counsellor, Trade and Finance and Trade Facilitation Division, WTO Secretariat

32. Ambassador Sperisen-Yurt stated that the Negotiating Group on Trade Facilitation had made considerable progress as a consequence of the constructive and inclusive atmosphere that had characterised the negotiations. The structure and content of an eventual agreement was fairly clear. The negotiations had progressed both in the clarification and improvement of Articles V, VIII and X, as well as in other aspects of the agreement such as S&D, and technical assistance and capacity building. One of the most salient characteristics of an eventual agreement was its “à-la-carte” nature, whereby members would start undertaking different obligations in accordance to their level of development, i.e. commitments would only apply fully to all members after a staged approach which could involve technical assistance by developed members.

33. Ms Sheri Rosenow informed participants that developing countries needed to go through a needs assessment exercise of all the proposals on the table in order to establish their level of compliance with the eventual commitments contained in the agreement. She announced the organisation of a number of seminars to explain the functioning of this mechanism and encouraged all members to submit their applications to hold this exercise to the WTO Secretariat.

I. Presentation of the International Trade Centre's Market Analysis Services – Mr Anders Aeroe, Chief, Market Analysis and Research Section, ITC, and Ms Patricia Favaretto de Lima, Associate Market Analyst Market Analysis and Research Section, ITC

34. Mr Aeroe presented the International Trade Centre’s (ITC) goal to help developing countries and economies in transition achieve sustainable human development through exports. The ITC had developed a number of tools, which are available to all developing countries free of charge: Market Access Map, Trade Map, Trade Competitiveness Map and Investment Map. In addition, ITC organises various capacity building activities targeted at policymakers, trade support institutions and/or enterprises. Support to trade negotiators includes training to identify products which could be liberalised and preparing a list of the country’s sensitive products. Training to prepare brief market profiles focusing on specific products in a target market is also available to trade-support institutions. Furthermore, capacity building is provided upon request to enterprises to learn how to use market analysis tools to identify opportunities for market diversification.

35. The Market Access Map is a web-based application which contains specific modules for each user-group with online tutorials on how to use them. It enables the user to obtain information on the tariff applicable when exporting a specific good to a given country. The corresponding rules of origin are also provided. Using such a tool makes it possible to compare the tariffs enforced worldwide when exporting good A from country B to country C. Finally, it can be used to assess a country‘s competitiveness when exporting the same good to several different partners, as well as for tariff simulations (the application converts all tariffs into their ad-valorem equivalents to create a basis for comparison).

36. The Market Access Analysis is a service tailored to developing countries’ needs with the objectives to assist developing countries in participating more effectively in WTO negotiations, bilateral and regional trade negotiations and to identify non-tariff measures and barriers to trade and assess their impact on developing countries exports. Examples of such analyses include the examination of SVEs’ WTO proposals and the simulation of possible strategies to preserve their fiscal revenues, and an analysis of the effects of the erosion of preferences on sensitive products in ACP countries.

37. The Trade Map is a web-based trade flow analysis tool, which provides trade data on a monthly, quarterly or yearly basis. It covers 120 countries at tariff line level and 160 countries using HS data, and includes yearly data for non-reporting countries using mirror statistics.

38. In addition, ITC prepares studies tailored to countries’ needs such as: i) trade competitiveness assessments to benchmark a country’s strengths and weaknesses in relation to its main competitors; ii) commodity export opportunity scans, which enable users to identify promising industries/products and attractive markets for given countries/regions in terms of both export development and import substitution; iii) export potential assessments, which balance the export potential against the socio-economic impact at a commodity level. The approach is generally complemented with field visits and surveys carried out with the local business community. ITC further undertakes customised analysis (e.g. Diagnostic Trade Integration Study of Cambodia). Mentoring is also available for developing countries in order for them to learn how to produce similar studies in-house.

39. Ms Patricia Favaretto de Lima introduced the Investment Map, a joint undertaking of the ITC and UNCTAD, which enables developing countries to identify the industries which present the best potential to attract foreign investment in the country and the main foreign affiliates investing in these sectors. The database comprises statistics on foreign direct investment, international trade, tariffs and information on foreign firms that are locally present. It covers investment directed at both goods producers and services providers in approximately ninety countries, with limitations regarding data availability according to the country.

40. Participants thanked the speakers for their presentations and asked whether market analysis tools existed also for services. ITC answered that such tools had not yet been developed due to the unavailability of statistics on services.

J. Briefing on the Special Session of the Committee on Trade and Environment – HE Mr Manuel A.J. Teehankee (Philippines ), Chairman of the Committee, and Ms Isabelle Pellan, Trade and Environment Division, WTO Secretariat

41. Ambassador Teehankee identified the basis of the Committeeon Trade and Environment’s work as paragraph 31 of the Doha Declaration: He briefly talked about the importance of the Committee’s work in the context of global climate change and the opportunity of a possible “triple win” outcome for trade, environment and development.

42. Ms Pellan elaborated on the three subsections of Paragraph 31: On subsection (i) regarding the WTO relationship with multilateral environmental agreements (MEAs) she said that there are two main positions: A large group that believes the relationship between the WTO and specific trade obligations in MEAs works well. The other group (mainly the EC and Switzerland) believes the relationship can be improved. On subsection (ii), which is concerned with the exchange of information and the granting of observer status, there are now elements of a draft text proposing the consolidation of existing collaboration practices. Subsection (iii) concerns negotiations on the reduction or elimination of tariffs and non tariff barriers (NTBs) for environmental goods and services. The main questions are on identifying product coverage, defining treatment and addressing S&D and other development issues. For the issue of product coverage, five categories have been identified: air pollution control, renewable energy, waste management, environmental technologies, and others. The debate is mainly on two approaches: a “list” approach supported by developed countries, and an “alternative” approach where determinations could be made on a project by project basis proposed by India and Argentina. Additionally, Brazil has proposed a “request and offer” approach that allows for some policy space for developing countries.

43. In her view, the way forward regarding subsections (i) and (ii) relates to the question of bringing ideas together and developing a text based on the proposals for an outcome. For subsection (iii), work remains on the issue of a framework and the timeframe for the elimination of tariffs and NTBs for environmental goods and services.

K. Briefing on the Committee on Technical Barriers to Trade – Mr Erik Wijkstrom, Counsellor, Trade and Environment Division, WTO Secretariat

44. Mr Wijkstrom reminded members that at the heart of Technical Barriers to Trade (TBT) is the need to strike a balance between regulatory autonomy of members while avoiding unnecessary barriers to trade. The difficulty is that the term "unnecessary barrier" is not defined in the agreement. While tariffs have been reduced considerably since 1940, non tariff measures (NTMs) have increased.

45. A brief definition of the difference between SPS and TBT was given with the main aspect of SPS being "to protect" life - human, animal or plant - from various possible threats. SPS is narrow in focus while TBT covers a much broader spectrum. There are three main aspects to consider under TBT: Technical regulations, standards, and Conformity Assessment Procedures (CAPs). A technical regulation is a mandatory measure whereas international standards such as ISO or IEC, although strongly encouraged, are not mandatory. However, there is motivation to use international standards as this supports the argument that these do not create “unnecessary barriers to trade”. It is important to point out that the TBT Agreement does not identify the standard setting organisations to be used. This creates a resource problem for developing countries since being involved with the standard setting organisations is the only way to influence the standards themselves. There is therefore a drive to using standards for TBT, but the list of standard setting organisations is open. By contrast, the SPS Agreement identifies three specific standard setting organisations.

46. The Committee on TBT meets three times per year. Mr Wijkstrom encouraged Members to send a capital representative in addition to the local mission representative since the Committee's work can be very technical. Specific trade concerns grow every year, and as a result the Committee is expanding. The EC (27 countries) is the most often challenged in TBT matters, followed by China and the US. Health and Safety is the main aspect being challenged, followed by environmental issues. Despite challenges, there is only one case that has gone to Dispute Settlement: the Sardines case. As a continent, Africa has not used the Committee as much as others. For Africa, CAPs are a real issue. To obtain assistance needed, African countries could submit a request to the Committee. Only this way must other members react by offering the needed assistance. UNIDO is doing CAPs work and was mentioned as a resource. A regional approach was also suggested.

L. Briefing on the Committee on Sanitary and Phytosanitary Measures and the Standards and Trade Development Facility (STDF) – Mr Melvin Spreij, Economic Affairs Officer, Agriculture and Commodities Division, WTO Secretariat

47. Mr Spreij described theStandards and Trade Development Facility (STDF) unit as a capacity building unit. The STDF organises workshops and seminars in-country that cover, inter alia, capacity evaluation tools, private standards and trade policy courses. Such courses include SPS, e-training, best practice in SPS and how to mobilise AFT for SPS-related technical assistance. The STDF also disseminates information through its website. Beneficiaries of STDF project funding contribute a percentage of cost according to their status: LDCs, other low income economies as well as regional projects contribute 10 per cent, while other developing countries contribute 30 per cent. The next deadline for project submission is 26 August 2008.

48. On recent developments in the SPS Committee, new guidelines for implementation of Pest or Disease-free Areas had been adopted by the Committee. These guidelines stipulate that the presence of disease such as foot and mouth in one specific area of a country should not be cause for a total blockage from the whole country. These guidelines are not legally binding, but carry weight internationally. The Committee had further revised regulations on procedures which include new forms of notification, including the use of international standards. These regulations are expected to be adopted in December 2008.

49. A “mentoring” system of assistance was available to developing countries for issues such as CAPs. The WTO Secretariat will act as a “match maker” between a developing country request and a developed country provider to facilitate such a system. The process is voluntary, and currently there is no financial support provided. In concluding, Mr Spreij suggested that a regional approach be used for accreditation bodies instead of each country creating its own national body.

M. Briefing on the Advisory Centre on WTO Law (ACWL) – Ms Petina Gappah, Counsellor, ACWL

50. Ms Gappah gave a presentation of the Advisory Centre on WTO Law (ACWL), a Geneva- and member-based organisation that provides legal support and training to developing countries on WTO issues. Legal advice is offered for free, whereas support in WTO disputes to parties and third parties is provided at modest rates, depending on the level of development and share of world trade of the country. At present, the ACWL has 10 developed country members and 27 developing country members.

N. Briefing on the Special Session of the Dispute Settlement Body – HE Mr Ronald Saborío Soto (Costa Rica)

51. Ambassador Saborío described the negotiations to improve and clarify the Dispute Settlement Understanding (DSU). Several aspects made these negotiations different from the DWP negotiations, including the fact that they were not subject to the Single Undertaking (although members intended to finish at the same time as the DWP negotiations) and that they had a more limited mandate than the other groups, i.e. the improvement and clarification of the DSU as a whole. As a result, members had themselves submitted different proposals. Also original was the approach followed to conduct the negotiations, which included a purely technical analysis of the legal texts, with the participation of non-partisan experts. Ambassador Saborío praised the high level of involvement of many developing country delegations, and the fact that there had been coalitions formed between developed and developing countries. Finally, the issues that had attracted most attention included S&D, panel composition, post-retaliation issues or remand, among others. The distance that separated members from reaching an agreement was impossible to assess, as it varied from topic to topic.

O. Briefing on the Special Session of the Council for Trade in Services – HE Mr Fernando de Mateo y Venturini (Mexico), Chairman of the Council

52. Ambassador de Mateo y Venturini briefed participants on the state of play of ongoing negotiations on services. The progressive liberalisation in this area was characterised by the structure and principles of a bottom-up and positive-list approach and a request-and-offer negotiating method. The Chairman made an assessment of the main factors on which the three main areas (commitments, Most-Favoured Nation exemptions and Regulatory Framework subsidies, government procurement and Emergency Safeguard Mechanisms) depend: 1) the modest accomplishment on agriculture and NAMA which have set the pace of the negotiations; 2) the scattered responsibilities in capitals due to the many ministries involved in the sector; 3) the perception that the structure of GATS is complicated.

53. Although allusion was made to the current 31 revised offers covering 55 members, he remained optimistic on the conclusion of the negotiations. Success in the sector of services was owed to the use of the so-called “two parallel tracks” procedure. The first concerned his own consultations on a multilateral text, while a “second track” referred to the upcoming Signalling Conference on services within the context of the Ministerial Meeting foreseen to be held during the week of 21 July 2008.

P. Briefing on the Special Session of the Council for TRIPS – HE Mr Manzoor Ahmad (Pakistan), Chairman of the Special Session of the Council for TRIPS

54. Ambassador Ahmad stated that the central issues regarding TRIPS concerned the registration of Geographical Indications (GI), higher level of protection of products beyond wines and spirits, and the linkages between the TRIPS Agreement and the Convention on Biological Diversity. The most common problem regarding GI registration is the fact that some products are being produced generically (e.g. the Swiss cheese raclette, which is being produced in other cantons outside the Valais canton in order to satisfy the demand). There has been no convergence of views either on the draft text presented by Switzerland on behalf of the “GI Friends” nor on the EC’s paper on “new ideas” – which proposed negotiating the protection of specific names of certain agricultural products as part of the agriculture negotiations. As part of “implementation” issues, the protection of products beyond wines and spirits and the issues of bio-diversity have particularly intensified in the past year. The key point of disagreement on bio-diversity continues to be whether the grant of a patent in an invention should be conditioned to a disclosure requirement, concerning the country of origin of genetic resources or the use of any traditional knowledge.

Q. Briefing on the Enhanced Integrated Framework, Ms Christiane Kraus, Chief Coordinator, Programme Implementation Unit (PIU), WTO Secretariat

55. Ms Kraus described the EIF on the basis of the final Guidelines for the Implementation of the EIF for LDCs, and she reminded participants that no conditions are attached to accessing EIF support. She gave an overview of the steps which constitute the EIF implementation process. To become an EIF recipient, an LDC should send a formal request to the Executive Director of the Executive Secretariat. The next step is a diagnosis, carried out by a partner, of the national constraints to trade and the sectors of greatest export potential. Under the EIF, the LDC concerned will be free to select this partner among a wider number of agencies.

56. The EIF Trust Fund includes resources to build capacity at the national level and provide funds for small-seed projects. Concerning larger infrastructure projects which may range under the list of national priorities, recipient countries should approach their local donor community and seek complementary funding under AFT. Bilateral fundraising will be essential for the EIF success. To reinforce the in-country EIF’s structure, recipient countries are advised to set up a National Implementation Unit (NIU), which will assist the IF Focal Point (usually a senior official) in managing the implementation. This unit will be financed by the Trust Fund. To make the IF work, recipient countries may develop their trade development strategies on the basis of the diagnostic trade integration study (DTIS). On the basis of such a strategy, recipients should include trade priorities in their national development plans. Countries are also advised to prepare a five-year work plan (including estimates of NIU and capacity-building costs), which should help them have a clearer vision of their medium-term objectives.

57. The Executive Director of the EIF Executive Secretariat was expected to be on board by October 2008. Regarding funding, a donor conference took place in Stockholm, Sweden, on 25 September 2007 which enabled to secure 70 per cent of the targeted USD 250 million for the EIF implementation. As the new Trust Fund Manager, the United Nations Office for Project Services (UNOPS), is expected to disburse funds as of August 2008. Malawi had already presented project proposals under the EIF.

58. Participants enquired about possible improvements of funds disbursement speed under the EIF. The PIU replied that this was a core objective of the EIF and that work was ongoing with UNOPS to improve the effectiveness of the delivery. On a request for concrete advice on how to proceed with the set-up of the NIU, the PIU proposed to further collaboration with all interested countries on this topic in particular.

R. Consultations on the implementation of the WTO's Biennial Technical Assistance and Training Plan 2008-2009 – Mr Maarten Smeets, Counsellor, Institute for Technical Cooperation and Training, WTO Secretariat

59. Mr Smeets recalled the principles for the elaboration of the biennial WTO Technical Assistance and Training Plan 2008-2009, in which special efforts had been made to take into consideration the needs of the WTO members. The plan’s biennial character, which had been adopted for the first time, permitted more flexibility to meet the preoccupations and expectations of member States. In this respect, in addition to multilateral and regional activities destined for all members, the plan foresees to undertake two national activities in each country – three activities in LDCs. Non-resident member States are therefore encouraged to formulate their requests by clearly identifying their specific technical assistance and capacity building needs.

60. A number of training programmes have been developed by the WTO, with the total budget of approximately CHF 30 million, of which CHF 6 million originates from the ordinary budget while the remaining CHF 24 million stem from extra-budgetary financing. The Netherlands Trainee Programme, which financing has recently been renewed by the Netherlands, is one of the main capacity-building instruments which also profits non-resident countries. The introduction of e-learning courses, targeted primarily towards officials based in capital, has permitted to expand the range of beneficiaries from the WTO training courses and to better prepare future candidates for WTO Trade Policy Courses. The establishment of reference centres in most of the non-resident countries provides officials from these countries with the possibility to access to the WTO Library.

S. Evaluation and Closing of the 16th Geneva Week – Mr Shishir Priyadarshi, Director, Development Division, WTO Secretariat

61.  On behalf of the WTO Deputy Director-General, Mr Priyadarshi officially closed the 16 th Geneva Week. Emphasis was placed on the importance that such a week had on providing non-resident countries with information on the state of play in the issues under negotiations in the DWP on the one hand, and on organising bilateral contacts with the WTO Secretariat, particularly for acceding countries, on the other.

62. Finally, Mr Priyadarshi underlined the good interaction that had taken place during the week with other international organisations such as the ITC and AITIC, through their respective sessions on very concrete and useful issues for the participants.

List of Acronyms

Note 1: As referred to in Article IX of the Marrakesh Agreement. (return to text)

Note 2: For further information, please consult www.dfae.admin.ch/geneve (return to text)

Note 3:  http://www.dfae.admin.ch/eda/en/home/topics/intorg/un/unge/gepri/manope/manop1.html (return to text)

Note 4: In May 2008, a total of 28 WTO members and observers still did not have a permanent mission in Geneva. (return to text)

Note 5: A revised modalities text on agriculture (as well as on NAMA) was circulated on 10 July 2008. (return to text)

Note 6: A revised modalities text on NAMA (as well as on agriculture) was circulated on 10 July 2008. (return to text)

Note 7: See Draft Consolidated Chair Texts of the AD and SCM Agreements , WTO, TN /RL/W/213, 30 November 2007. (return to text)

Note 8: See Working Document from the Chairman, WTO, TN/RL/W/232, 28 May 2008. (return to text)

Note 9: See http://www.intracen.org/mat/ for further explanations and for registrations purposes. (return to text)

Note 10: See Environmental Goods for Development, Submission by Brazil WTO – Document # 07-4165 (return to text)

Note 11: See Dispute Settlement document DS 231, WTO website (return to text)

Note 12: www.standardsfacility.org (return to text)

Note 13: See the Integrated Framework website for a copy of the Guidelines : http://www.integratedframework.org/files/non-country/EIF%20Guidelines_June2008.pdf (return to text)