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

Ambassador Alfredo Suescum (Panama)
Moldova, Republic of
13 WORK PROGRAMME ON ELECTRONIC COMMERCE
317. The Moldovan delegation would like to join the proposal and the Communication JOB/IP/21 regarding the Work Programme on Electronic Commerce, co-sponsored by Canada, Chile, Colombia, Côte d'Ivoire, the European Union, the Republic of Korea, Mexico, Montenegro, Paraguay, Singapore and Turkey. The Republic of Moldova further looks forward to explore in more detail the proposals presented by the Brazilian delegation, Argentina and Paraguay in JOB/IP/19 and JOB/IP/20, and also by the delegation of Singapore on behalf of co-sponsors of document JOB/IP/22. The Republic of Moldova shares the view of the communication presented by the European Union on behalf of all co-sponsors of document JOB/IP/21, as well as of the majority of Members considering that electronic commerce is essential in our digital era of human development. E-commerce and investment are the main priorities for the Moldovan Government, and we do believe that the WTO has a role to play to help leverage the digital economy for inclusive economic growth and encourage closer economic integration among participating Members. 318. In the case of the Republic of Moldova, the current developments in this field, as well as the creation of e-government centre with the assistance and support the certain Member states of the European Union, especially Estonia, helped us to achieve a much more open government and data of public interest by means of capitalisation of the value of information and technologies and advanced competitiveness policy. All these actions have led to the improvement of trading services, the national agenda being focused on the line of ensuring digitalisations of all public services until 2020. Efforts of the Moldovan authorities will be continuing as well in the direction of capitalising the opportunities with a view to create market stake holders platform approach to internet governance processes by ensuring the meaningful and accountable participation of all stakeholders, including governments, the private sector, SMEs, civil society, the technical community, the academic community and users, taking into consideration the Trade Facilitation Agreement provisions. 319. Many Eastern European countries are known for their IT specialists. In this sense, I am pleased to note that Moldova has the sixth fastest Internet speed in the world by download data capacity. Regarding the proposal made in the Communication JOB/IP/21, by the European Union and the Members co-sponsoring this Communication, we would like to answer certain questions raised by the authors of this Communication and to offer some additional ideas and elements for the trade policy and guidelines for an interactive debate under electronic services in the WTO committees. We look forward and we would like to engage in a constructive and technical discussion under electronic services supply for businesses, as solutions for e-commerce buyers in general and particularly in the framework of the implementation of the Trade Facilitation Agreement. A list of electronic services should be included into this communication, in order to share national expertise and the regulation regarding electronic services. In this context, I would like to underline the importance of certain e-commerce services such as e-invoice services, single window system, state register of inspection which can offer a common online platform allowing authorised control bodies to automatize the process of planning controls and the registering of planned and unplanned checks as well as publishing them on a public portal. The public procurement reporting services offer the possibility for the economic agents to present and report to the online portal. The licensing services provide the full range of specialised functions to optimise submission and review of licence applications from the licensing chamber. 320. The electronic fiscal record service can strengthen the fiscal capacity. It is an electronic statement which offers an automated method for completing and submitting fiscal reports, including the latest barcode coding technology. Many more electronic services should be taken into consideration for a technical discussion if we really want to have it in the WTO Committees and Councils. All these objectives mentioned in the communications regarding the open markets require frameworks and enhanced transparency of the multilateral trading system, especially to identify measures and initiatives to be taken in order to facilitate the development of e-commerce. All of them are first of all about services. Since we are talking about electronic services we should have an interactive debate at the E-commerce Committee of the Council for Trade and Services and of course the TRIPS Council as well. 321. The Republic of Moldova strongly believes that our efforts in the WTO negotiations can produce a common result in the area of trade in services, e-commerce and competition of trade policies in the digital economy which will be stipulated in the next WTO Ministerial Declaration. E-commerce will always remain the fundamental pillar of services trade policies. Moldova looks forward to having an interactive debate and is ready to deliver concrete results for MC11.
JOB/IP/19; JOB/IP/20; JOB/IP/22; JOB/IP/21
The Council took note of the statements made.
69. The Chairman informed the Council that, to prepare the discussion under this item, Brazil had submitted a communication on Electronic Commerce and Copyright (document JOB/IP/19) which had been co-sponsored by Argentina. He suggested that Brazil introduce the agenda item and discuss the issues that it was proposing for consideration, and that the Council then turn to three other submissions related to the Work Programme on E-Commerce which the respective co-sponsors might wish to introduce.

70. He recalled the most recent mandate in the field of e-commerce and the state of play of the work. At MC10 in December 2015, Ministers had decided to "continue the work under the Work Programme based on the existing mandate and guidelines and on the basis of proposals submitted by Members in the relevant WTO bodies". They had also instructed the General Council to hold periodic reviews "based on the reports that may be submitted by the WTO bodies entrusted with the implementation of the Work Programme and report to the next session of the Ministerial Conference" (document WT/MIN(15)/42 – WT/L/977).

71. In June 2017, the TRIPS Council had resumed discussions on e-commerce. This discussion had been based on Canada's written submission circulated in document IP/C/W/613. Canada had shared its national experience to fight the selling of counterfeit products over the internet. At the Council's meeting in November 2016, Canada had called for a continuation of the sharing of national experiences and practices as this would support the Council to respond to the Ministerial mandate. In line with the addendum to its earlier communication (document IP/C/W/613/Add.1) Canada had also said that it wished to consult with other delegations on how to advance the Work Programme on E-Commerce in this Council. It had been joined by a number of other delegations.

72. The Chairman also referred to three other communications under this item: a communication on Electronic Signatures that had been co-sponsored by the delegations of Argentina, Brazil and Paraguay (document JOB/IP/20); a communication on Trade Policy, the WTO and the Digital Economy that had been circulated at the request of the delegations of Canada; Chile; Colombia; Côte d'Ivoire; the European Union; the Republic of Korea; Mexico; Montenegro; Paraguay; Singapore and Turkey (JOB/IP/21 of 13 January 2017); and a communication on Electronic Commerce and Development, recently circulated in document JOB/IP/22 at the request of the delegations of Brunei Darussalam; Colombia; Costa Rica; Hong Kong, China; Israel; Malaysia; Mexico; Nigeria; Pakistan; Panama; Qatar; Seychelles; Singapore and Turkey.

73. The representatives of Brazil, Argentina, Paraguay, Bangladesh on behalf of the LDC Group, Switzerland, the United States, Norway, the European Union, Singapore, Chinese Taipei, Canada, the Republic of Moldova, Mexico, Australia, Turkey, Colombia, the Russian Federation, Chile, the Republic of Korea, India and New Zealand took the floor.

74. The Chairman said that, in light of the discussions and the earlier exchange of views at the Council's meetings in June and November 2016, there seemed to be a continuing interest of delegations in discussing issues related to intellectual property and e-commerce. He therefore encouraged Members to consider how to carry forward issues related to e-commerce in the TRIPS Council. An in-depth debate would, indeed, constitute a sound basis for the Council to contribute to the periodic review that the General Council had been requested to hold, as well as to provide input for the General Council report to the next Ministerial Conference. Such a discussion would be an opportunity to create a clear and inclusive factual picture of the current state of affairs as the foundation for informed dialogue between Members.

75. The Council took note of the statements made.

IP/C/M/85, IP/C/M/85/Add.1