Minutes - TRIPS Council - View details of the intervention/statement

Ambassador Choi Hyuck (Korea)
195. The representative of Brazil said that he was fully supportive of the Chairman's efforts to find a satisfactory solution to the issue at stake. He expressed, however, concerns about interventions made in the meeting that seemed to imply a certain disregard for WTO procedures, for example, when the Decision was not called by its name but referred to as an agreement or as a solution or other similar terms. Some countries had apparently an interest in not qualifying it as a Decision of the General Council. His delegation was equally concerned about certain delegations' intention to consider the Chairman's Statement, which referred to a set of shared understandings of Members, as a consensus of the WTO membership. In his view, this was not how a consensus was reached in the WTO. Certain Members wanted to link the Decision with the Chairman's Statement to provide for something that did not exist in the WTO, such as a shared agreed solution or something similar. This was a contortionism of reality, as nothing more than the Decision and the Chairman's Statement could be referred to in relation to the meeting of the General Council of 30 August 2003. 196. The representative of Brazil also expressed concern about the disregard for procedures insofar as participation in informal consultations had been selective and partial, and not all interested parties and those who had declared themselves interested in this process were included. Furthermore, reference had been made to documents that were unknown to his delegation, and which had not been officially circulated. They were non-official documents and could not be referred to as a basis for the negotiation of an amendment to a formal WTO agreement. He asked whether it was the intention to proceed with consultations that only involved a few delegations and which were based on documents that had not been tabled by any delegation so far. Another example for the disregard of procedures was the fact that certain delegations self-interpreted certain actions occurring in the WTO in their own self-serving manner. As far as his delegation was concerned, there was nothing in the Chairman's Statement that could be used to proclaim that it had become context for interpretation of anything in the WTO.