UK Clarifies Responses to Queries on E-Commerce Interim Agreement Arrangements

Thank you, Chair.

The United Kingdom wishes to take this opportunity to address Items 7 and 8 collectively.

As a staunch supporter of the Enhanced Cooperation Agreement (ECA), the UK acknowledges the inquiries raised by fellow Members during the July General Council. We appreciate the Co-Conveners’ written responses to these questions as outlined in document WT/GC/W/1006.

I would like to emphasise that the nature of these inquiries, along with the responses provided, exemplifies the very purpose of this chamber. The UK will remain actively engaged in this dialogue. While we may not have addressed every question raised thus far, we are committed to doing so in the future, and we encourage the continuation of this important discussion.

Clarifications on ECA Implementation

This communication, in conjunction with the comprehensive statements made by the Director-General during the July General Council and the Director-General’s communication JOB/GC/522, offers what we believe to be a clear and factual response to the concerns raised by Members regarding the ECA and its execution within the World Trade Organization (WTO).

It is important to highlight that Members have consistently been able to engage in plurilateral activities within the WTO framework. Examples of such initiatives include the Working Group on Micro, Small and Medium-sized Enterprises (MSMEs), Trade and Gender, Investment Facilitation for Development, and efforts to combat Plastics Pollution. Engaging in these activities does not necessitate consensus under the Marrakesh Agreement.

Moreover, we assert that there exists a robust institutional foundation for the ECA and its implementation within the WTO. Regardless of the initial venue for the ECA’s negotiation and launch, the intention has always been to incorporate it into Annex 4, firmly rooting it within the WTO and its institutions.

Role of the Director-General in Dispute Resolution

Some Members have observed that the WTO Agreement is ambiguous regarding the Director-General’s capacity to serve as a depositary. I would like to point out that the WTO Agreement is also silent on whether the Director-General possesses the authority to establish a Free Trade Agreement (FTA) dispute panel. This is a role the Director-General currently undertakes in over 50 agreements involving more than 40 Members, none of which are WTO agreements.

Furthermore, we must note that the Secretariat’s support for ECA-related activities signifies a continuation rather than a shift in practice. In response to requests from Members, the Secretariat facilitates logistical arrangements for meetings and provides technical assistance and capacity-building initiatives. This is consistent with the support the Secretariat extends to other groupings within the WTO, such as the MSME Working Group.

Global Support for the ECA

During the Public Forum, we observed a consistent expression of support for the ECA from global representatives across varying levels of development. The ECA stands as a prime example of the WTO striving to deliver tangible benefits to people worldwide.

This initiative represents a concerted effort to make progress on a crucial topic in a manner that is transparent and inclusive. Some Members have suggested that we should simply pursue an agreement outside the WTO. However, I must emphasise that any alternatives outside the WTO lack the transparency, openness, and inclusivity that we strive for. This is precisely the scenario the UK seeks to avoid.

Thank you.