The WTO is debating tariff tensions and a lack of transparency in an environment of growing protectionism.

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The multilateral system under pressure at the WTO

 

The growing pressure on the rules-based trading system, in a context of escalating trade tensions and compliance problems, was the focus of the latest meeting of the Council for the Trade in Goods (CCM) from the Organización Mundial del Comercio (OMC)Held on May 20 and 21 under the presidency of the Ambassador Erwin Bollinger (Suiza), the session addressed 38 specific trade concerns, nine of which were raised for the first time, reflecting current frictions on the global stage.

 

Article XXVIII of the GATT, at the heart of the tariff debate

 

The delegation of China He introduced a key point on the agenda by proposing a technical discussion on the use of Article XXVIII of the General Agreement on Tariffs and Trade (GATT)This provision allows members of the OMC Modify or withdraw tariff concessions under specific procedures. According to ChinaThis article has been invoked with increasing frequency, with 58 negotiations initiated since its creation. OMC, of which 18 are currently in progress.

 

To PekíProper use of Article XXVIII can function as a "safety valve" to alleviate trade frictions within the framework of the OMCavoiding unilateral and arbitrary changes. The proposal seeks to develop a common understanding of its application, especially benefiting developing countries. However, the initiative generated a divided debate: while some members expressed interest in clarifying the rules, others showed concern that these negotiations would be used to "legitimize protectionist measures"One member noted that they are forced to resort to this article to alleviate the pressures arising from the excess capacity caused by the "non-market policies and practices of other members".

 

New, specific trade concerns on the radar

 

The Council reviewed a total of 38 Specific Trade Concerns (STCs), of which nine were presented for the first time at this session. Despite the tensions, the Secretariat of the OMC It presented a report highlighting that 108 trade concerns have been reported by members as resolved or partially resolved. The new disputes raised are:

 

• Brasil: Antidumping investigation and restrictive measures on the importation of powdered milk.
• Colombia: Decree No. 0170/2026 and its amendment, considered by Ecuador as restrictive measures contrary to the agreements of the OMC.
• Ecuador: Customs service fee for the control of goods entering Colombia.
• Unión Europea: Proposal to reclassify tea tree oil as a category 1B reproductive toxin by the Risk Assessment Committee (RAC) of the European Chemicals Agency.
• Unión Europea: Proposed Cybersecurity Law.
• Unión Europea: Proposed Law on Industrial Accelerators.
• Reino Unido: Restrictive measures on steel products.
• Reino Unido: Final allocation of the total consolidated Global Aid Measure (GAM) among the Unión Europea and the Reino Unido.
• Estados Unidos: Investigations and tariffs under Section 301.

 

Transparency and compliance under scrutiny

 

Estados Unidos It raised concerns about the lack of transparency and compliance on the part of some members. The US delegation highlighted that many written questions submitted to the committees of the OMC They remain unanswered for years, which is essential for accountability. In response, one member pointed out that several countries, including its own UE y EE.UU.They have also failed to respond. Furthermore, it was reported that some members have not submitted the required notifications for decades.

 

Despite this, the Secretariat reported a slight improvement in compliance with notification requirements, which rose from 77,6% in 2024 to 78,7% by the end of 2025. Recent progress was acknowledged in Botsuana y Côte d’Ivoire in this matter, urging others to follow his example.

 

Evolution of the notification submission rate in the goods area.

Concept	Compliance rate (2024)	Compliance rate (end of 2025)
Compliance with notification requirements	77,6 %	78,7 %

 

The future of the multilateral system

 

In a discussion introduced by Australia, Nueva Zelandia, Noruega y SuizaThe commitment to the OMC as a pillar of global trade governance. However, subsequent interventions revealed divergences on how to adapt the system to current challenges, such as unilateral trade measures, industrial subsidies, and structural imbalancesOne member advocated for a "long-term readjustment" towards higher average tariffs, while others insisted on the need to open closed markets and address overcapacity.

 

Key points and frequently asked questions about tensions at the WTO

 

 

What is Article XXVIII of the GATT and why is it relevant to my company?

Article XXVIII of the GATT is a mechanism that allows countries to renegotiate their consolidated tariff commitments at the WTO. Its increasing use indicates that governments are seeking to adjust their levels of tariff protection, which could mean both new barriers and opportunities for Spanish exporters, depending on the negotiations. It is crucial for companies to closely monitor these negotiations, as they could alter the conditions of access to key markets.

 

How do these "trade concerns" affect Spanish exporters?

Specific trade concerns (STCs) are, in practice, trade barriers or specific disputes that one WTO member country raises against another. For a Spanish exporter, a concern raised by the EU regarding the Cybersecurity Law or the debate surrounding antidumping measures on products like powdered milk can have a direct impact. These lists serve as a barometer of active trade conflicts that can affect legal certainty and export costs in specific sectors.

 

What are the implications of the lack of transparency denounced by the United States for global trade?

The lack of notification of trade measures and the absence of responses to formal questions undermine one of the pillars of the WTO: predictability. For businesses, this opacity creates legal and commercial uncertainty. Not knowing what subsidies a country is granting, or what new technical regulations it is applying, hinders strategic planning, increases investment risk, and can lead to unfair competition, eroding trust in the rules-based trading system.