TWN
Info Service on UN Sustainable Development (Dec17/03)
8 December 2017
Third World Network
Draft
decision on fisheries subsidies goes to MC11
Published in SUNS #8592 dated 8 December 2017
Geneva, 7 Dec (Kanaga Raja) - Members of the World Trade Organisation
(WTO) on 6 December agreed to forward a draft decision on fisheries
subsidies to trade ministers to consider at the WTO's eleventh ministerial
conference (MC11) in Buenos Aires beginning on 10 December.
According to trade officials, the latest draft includes five options
with varying levels of ambition with regards to prohibitions to subsidies
contributing to illegal, unreported and unregulated (IUU) fishing.
As for prohibitions on subsidies harming overfished stocks, members
were only able to agree to include a place-holder in the draft as
they ran out of time to produce clear options for ministers to choose
from on this issue.
China said that it was prepared only to consider a commitment on IUU
fishing.
According to trade officials, in addition to the draft decision, ministers
will also be receiving further proposals directly from members who
wish to make further changes to the document, such as text to elaborate
on a commitment on overfished stocks.
The Chair of the Negotiating Group on Rules, Ambassador Wayne McCook
of Jamaica, said: "What we have tried to do is to isolate and
reflect as clearly as possible the different choices ministers may
wish to consider."
The text (WT/MIN(17)/W/4) of the draft ministerial decision on fisheries
subsidies that the Negotiating Group on Rules, at its meeting on 6
December, agreed to forward to the ministerial conference is as follows:
"[The Ministerial Conference,
Having regard to paragraph 1 of Article IX of the Marrakesh Agreement
establishing the World Trade Organization; and
[Recalling the mandate contained in the 2001 Doha Declaration and
the 2005 Hong Kong Ministerial Declaration; and]
Acknowledging the importance of the fisheries sector, and its contribution
to the development priorities, poverty reduction, livelihood [of their
fishing communities, including small scale [and] artisanal fishers,]
and food security of all Members, in particular developing countries
and least-developed countries; and
[Recognizing] [Recalling] [target 14.6 of the 2030 Sustainable Development
Agenda] [the mandate] to prohibit, by 2020, certain forms of fisheries
subsidies which contribute to overcapacity and overfishing, eliminate
subsidies that contribute to illegal, unreported and unregulated fishing
and refrain from introducing new such subsidies, recognizing that
appropriate and effective special and differential treatment for developing
and least developed countries should be an integral part of the World
Trade Organization fisheries subsidies negotiation; and
[Desiring to further the objectives of the Agreement on Subsidies
and Countervailing Measures (ASCM).]
Decides as follows:
1. Building on the progress made since the 10th Ministerial Conference
as reflected in documents TN/RL/W/274/ Rev.2, RD/TN/RL/29/Rev.3, Members
agree to continue to engage constructively in the fisheries subsidies
negotiations, [with a view to] adopting, by the Ministerial Conference
in 2019, an agreement on comprehensive and effective disciplines that
prohibit certain forms of fisheries subsidies that contribute to overcapacity
and overfishing, and eliminate subsidies that contribute to IUU-fishing
recognizing that appropriate and effective special and differential
treatment for developing and least developed Members should be an
integral part of these negotiations.
2.1
[Alternative 1:
In the interim, until a negotiated Agreement is adopted, Members agree
not to grant or maintain subsidies that contribute to illegal, unreported
and unregulated fishing.
Alternative 2:
Pending agreement on multilateral disciplines, each Member shall endeavour
to eliminate subsidies that contribute to illegal, unreported and
unregulated fishing activities set out in paragraph 3 of the IPOA-IUU
[2001].
Alternative 3:
Pending agreement on multilateral disciplines, each Member agrees
to eliminate subsidies that contribute to illegal, unreported and
unregulated fishing activities set out in paragraph 3 of the IPOA-IUU
[2001] as implemented in its national laws, regulations and administrative
procedures.
Alternative 4:
Pending agreement on multilateral disciplines, each Member agrees
to eliminate subsidies that contribute to illegal, unreported and
unregulated fishing activities set out in paragraph 3 of the IPOA-IUU
[2001] as implemented in its national laws, regulations and administrative
procedures, in waters beyond its [EEZ] [jurisdiction].
Alternative 5:
Pending agreement on multilateral disciplines, each Member agrees
to eliminate subsidies that contribute to illegal, unreported and
unregulated fishing activities set out in paragraph 3 of the IPOA-IUU
[2001] as implemented in its national laws, regulations and administrative
procedures. If a Member has capacity constraints that prevent it from
immediately implementing this commitment in respect of unreported
and unregulated fishing [within its EEZ,] [in waters under its jurisdiction]
such a Member would [notify] [inform] the SCM Committee of these constraints,
and shall not be required to implement this commitment until the necessary
capacity has been acquired. In this regard technical assistance and
capacity building support should be provided. [Any such notification
shall cease to have effect no later than 31 December 2020.]]
2.2 [Overfished stocks]
3. [Each Member agrees to make its best efforts to refrain from introducing
new, or extending or enhancing existing, subsidies that contribute
to overfishing or overcapacity. This commitment shall not [apply to]
[affect the rights or obligations of] [developing and LDC] Members
[.] [under international law] to exploit, conserve and manage fisheries
resources [and expand their fishing capacities] in a sustainable manner.]
4. Members re-commit to implementation of existing notification obligations
under Article 25.3 of the ASCM thus strengthening transparency with
respect to fisheries subsidies.
[Members further commit to work towards additional transparency in
respect of fisheries subsidies [taking into consideration the capacity
constraints of developing countries including LDCs].]
5. Within a year of the adoption of this Decision, a subsidizing Member
shall notify the Committee on Subsidies and Countervailing Measures
how it has implemented paragraphs [2,] [3] and [4] of this Decision.
6. The Committee on Subsidies and Countervailing Measures shall hold
a dedicated review in mid-2019 of Members' notifications submitted
under paragraph 5 and report to the General Council which shall report
thereon to the 12th Ministerial Conference in 2019.
7. Nothing in this Decision shall be interpreted as having any legal
implications regarding territoriality, sovereignty or maritime jurisdiction.
8. [Nothing [in paragraphs [2]-[3][4][7]] in this Decision shall prejudge
the [final] positions of Members regarding the fisheries subsidies
negotiations [or the final outcome of the negotiations].]
[9. We also agree that this Decision is not a covered agreement subject
to the Dispute Settlement Understanding and it shall not be used to
interpret Members' rights and obligations under the WTO Agreement.]]"