Day 5 of MC13 once again saw negotiations spill over till late evening. The final Heads of Delegations meeting was rescheduled multiple times to give delegations a few more precious hours to resolve impasses.
By the time of the closing session late on Friday night, WTO Members had finally agreed to the Abu Dhabi Ministerial Declaration (WT/MIN(24)/W/12/Rev.1) and its accompanying Package.
Overall, MC13 outcomes can be considered modest.
The stalemate in the two-tier WTO dispute settlement process continues. MC13 could not lay out any concrete path forward for the restoration of the appellate mechanism, which is disappointing. The Ministerial Decision on Dispute Settlement Reform (WT/MIN(24)/W/22) makes no specific mention of the Appellate Body, only containing a reference to “issues regarding appeal/review”.
In a notable achievement, given the differences that had to be bridged, Members agreed to renew the practice of not imposing customs duties on electronic transmissions (“ecommerce duties moratorium”) till MC14 or the end of March 2026, whichever falls earlier (WT/MIN(24)/W/26/Rev.1).
There was also some encouraging news on developmental aspects. As a step towards their commitment to special and differential treatment (S&DT) of developing and least-developed Members, WTO Members agreed to a Declaration (WT/MIN(24)/W/23) which seeks to make S&DT provisions of the Agreements on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) and the Agreement on Technical Barriers to Trade (TBT Agreement) more precise, effective and operational.
In sum, although the success of such high-level inter-governmental plenaries should only be seen partially from the lens of the number of negotiations closed and agreements sealed, incremental progress is important. It is worrisome when legacy issues at the WTO remain unresolved even after many years, which in turn hinders progress on emerging issues. This is a vicious cycle.
WTO MC13 has again exposed both the traditional and emerging faultlines among world powers when it comes to the rules of (and the role of) trade in a fast-changing world.
Thank you for following our bulletin through this past week. We will continue to bring you similar updates of high-level events in the coming days.
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WTO negotiators in Abu Dhabi failed to reach major reforms despite prolonged talks. A moratorium on tariffs on digital goods was extended until the next ministerial conference, but e-commerce discussions were hindered by countries like India and South Africa. Disputes over the WTO's top court persisted, impeded by U.S. opposition.
No deal was made on agriculture, particularly India's call for a permanent solution on public stockholding. Fisheries subsidies, aimed at preventing overfishing, saw no resolution. Negotiations on these issues will continue in 2024, highlighting the challenges of achieving consensus on crucial global trade matters.
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On March 2, WTO members adopted a Ministerial Declaration outlining a reform agenda for the organisation, capping the 13th Ministerial Conference (MC13) in Abu Dhabi.
A number of ministerial decisions were also made by the ministers, such as reaffirming the goal of having a fully operational dispute settlement system by 2024 and enhancing the application of the special and differential treatment (S&DT) provisions for developing and least developed nations (LDCs). At MC13, they also decided to carry on talks in every area where convergence was elusive.
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DG Okonjo-Iweala has praised South Africa's acceptance of the Agreement on Fisheries Subsidies at MC13, emphasising its significance for ocean sustainability. With South Africa's support, 71 WTO members have now accepted the Agreement, requiring 39 more for it to take effect.
The Agreement, adopted at MC12, establishes global rules to combat harmful fishing subsidies, addressing issues like illegal fishing and overfishing. It also considers the needs of developing nations, providing a fund for assistance. Negotiations will continue at MC13 in February 2024 to enhance the Agreement's disciplines further.
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Union Minister Piyush Goyal praised India's adept handling of crucial issues at the 13th World Trade Organization (WTO) Ministerial Conference. He highlighted the successful protection of farmers and fishermen, expressing satisfaction with the outcomes. Goyal welcomed two new member countries and emphasised the need to restore the appellate body for dispute resolution.
Discussions at the conference covered trade policies, including India's stance on promoting digital industrialisation for developing countries. Goyal underscored the importance of bridging the digital gap and re-evaluating the moratorium on customs duties for electronic transmissions, considering the evolving digital landscape.
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