WT/MIN(22)/W/4  
WT/GC/W/850  
 
6 June 2022  
(22-4281) Page: 1/9 
Ministerial Conference  
Twelfth Session  
Geneva, 12-15 June 202 2 
General Council  Original: English  
 
 
PUBLIC STOCKHOLDING FOR FOOD SECURITY PURPOSES  
PROPOSAL BY THE AFRICAN GROUP, THE ACP, AND G33* 
The following proposal, dated 6 June 2022,  is being circulated on behalf of members of the 
African  Group, the ACP, and G33.  
 
_______________  
MINISTERIAL DECISION ON PUBLIC STOCKHOLDING FOR  
FOOD SECURITY PURPOSES FOR DEVELOPING COUNTRY MEMBERS1,2 
The Ministerial Conference ,  
 
Having regard to paragraph 1 of Article IX of the Marrakesh Agreement Establishing the World Trade 
Organization;  
 
Taking note  of the Ministerial Decision of 7 December 2013 (WT/MIN(13)/38 - WT/L/913), the 
General Council Decision of 27 November 2014 (WT/L/939) and the Ministerial Decision of 
21 December 2015 (WT/MIN(15)/44 - WT/L/979);  
 
Recognizing  the importance of public stockholding for food security purposes for developing country 
Members, including Least -Developed and Net Food -Importing Developing Countries (NFIDCs);  
 
Decides : 
 
1. Members a gree to a permanent solution as set out in this Decision, for the use of public 
stockholding for food security purposes by developing country Members.  
 
2. Notwithstanding any provision of the Agreement on Agriculture (AoA), domestic support 
provided by a developing country Member pursuant to public stockholding programmes for 
food security purposes, shall be deemed to be in compliance with Articles 3.2, 6.3 and 7.2(b) 
of the Agreement on Agriculture (AoA), provided that the conditions set out in paragraphs  5 
to 9 of  this Decision are met.  
 
3. Where public stockholding programmes for food security purposes of a developing country 
Member include programmes under which stocks of foodstuffs are acquired and released at 
administered prices, then, for the purpose s of footnote 5 of Annex 2, the Aggregate 
 
* Co-sponsoring Members: Antigua and Barbuda; Barbados; Belize; Benin; Bolivia, Plurinational Sta te 
of; Botswana; China; Congo; Côte d’Ivoire; Cuba; Dominica; Dominican Republic; Grenada; Guyana; Haiti; 
Honduras; India; Indonesia; Jamaica; Kenya; Madagascar; Mauritius; Mongolia; Mozambique; Nicaragua; 
Nigeria; Pakistan; Saint Kitts  and Nevis; Saint Lu cia; Saint Vincent and the Grenadines; Senegal; Sri Lanka; 
Suriname; Tanzania; Trinidad  and Tobago; Turkey; Uganda; Venezuela, Bolivarian Republic of; Zambia and 
Zimbabwe . 
1 For greater certainty the term "developing country Members" includes least-developed country 
Members.  
2 This Decision is an integral part of the Agreement on Agriculture . WT/MIN(22)/W/4 • WT/GC/W/850  
 
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  Measurement of Support (AMS) shall be calculated based on the actual quantity of foodstuffs 
acquired at administered prices, and  the external reference price in this regard shall be either 
of the following:  
 
(a) the three -year average price (f.o.b for a net exporter or c.i.f for a net importer) based 
on the preceding five -year period excluding the highest and the lowest entry for that 
product; or  
 
(b) adjusted for excessive inflation as per the methodology given i n Annex Z.  
 
4.1 This Decision does not preclude developing country Members from introducing public 
stockholding programmes for food security purposes in accordance with the relevant 
provisions of the Agreement on Agriculture.  
 
4.2 For greater clarity, para graph 5 to 9 of this Decision applies when a developing country 
Member concerned exceeds the applicable Aggregate Measurement of Support (AMS) limits 
under the AoA, i.e., the Member 's Bound Total AMS or the de minimis  level, as applicable, as 
a result of t he public stockholding programmes for food security purposes covered under 
paragraph 2 of this Decision.  
 
ANTI -CIRCUMVENTION/SAFEGUARDS  
5.1 Stocks acquired under public stockholding programmes for food security purposes covered 
under paragraph 2 of this Decision shall not substantially distort trade or adversely affect the 
food security of other Members.  
 
5.2 Upon reference to the Understanding on rules and procedures governing the settlement of 
disputes (DSU), subparagraph 5.1. shall be applied only in accordance in full conformity with 
the meanings provided under relevant provisions of Part III, Part VIII and Article 31 of th e 
Agreement on Subsidies and Countervailing Measures.  
 
6. A developing country Member shall endeavor not to export from acquired stocks, except for 
the purposes of international food aid, or for non -commercial humanitarian purposes, or when 
requested by Ne t Food -Importing Developing Countries and least developed countries in the 
same geographic region or in any other region, or any  member facing food shortages and 
higher food inflation during international food crisis.  
 
NOTIFICATION AND TRANSPARENCY  
7. The operation of programmes referred to in paragraph 2 above shall be transparent and 
conducted in accordance with officially published criteria.  
 
8. A developing country Member shall notify domestic support under these programmes on an 
annual basis in accord ance with their domestic support notification requirements under the 
AoA in accordance with document G/AG/2 of 30 June 1995 . Supporting Table DS:5 shall be 
notified in accordance with paragraph 3 above.   
 
9. Any public stockholding programmes for food secu rity purposes covered under paragraph 2, 
or modification thereof, shall be notified promptly under Article 18.3 as a DS:2 notification in 
accordance with document G/AG/2 of 30 June 1995 .  
 
CONSULTATIONS AND DISPUTE SETTLEMENT  
10. Any Member who has reason to believe that a developing country Member benefitting from 
this Decision has not met the conditions set out in paragraphs 5 to 9 of this Decision, may 
request consultations. The provisions of Articles XXII and XXIII of the GATT 1994 as 
elaborated and app lied by the Dispute Settlement Understanding (DSU) shall apply to such 
consultations and consequent settlement of disputes under this Decision. The consulted 
developing country Member shall use the Annex to this Decision to provide information which 
shall serve as the basis for consultation s. 
 WT/MIN(22)/W/4 • WT/GC/W/850  
 
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  FINAL PROVISIONS  
11.1 The Agreement on Agriculture shall be amended by inserting a new Annex 6 as provided in 
Attachment 1 to this Decision and for consistency purposes amendments as provided in 
attachment  2. 
 
11.2 The Protocol of Amendment contained in Attachment 3 to this Decision is hereby adopted.  
 
11.3 The Protocol of Amendment shall remain open for acceptance until [XXXX].  
 
11.4 The Protocol shall enter into force in accordance with Article X:3 of the WTO Agreeme nt. 
 
11.5 Pending entry into force of the Protocol and the amendment, developing country Members 
may use the provisions under Attachment 1 to this Decision and Members shall not challenge 
through the WTO Dispute Settlement Mechanism the compliance of a developing country 
Member with its obligations under Articles 3.2, 6.3 and 7.2(b) of the Agreement on Agriculture 
with respect to any use by that Member of these provisions . 
 
12. In the event of a conflict between a provision of this Decisi on and any other instrument of the 
Multilateral Trade Agreements of the WTO or any other decision of the Members, the provisions 
of this Decision shall prevail to the extent of the conflict . WT/MIN(22)/W/4 • WT/GC/W/850  
 
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  ANNEX  
NAME OF MEMBER  
I.  ENUMERATION OF THE PROGRAMME(S)  
A. Name of the programme(s):  
 
B. Foodstuff covered : 
 
C. Relevant laws, regulations or guidelines:  
 
II.  DESCRIPTION OF THE FUNCTIONING OF THE PROGRAMME(S)  
A. Agency in charge of implementation:  
 
B. Date of commencement of the programme:  
 
C. Factual description of how the programmes operate in respect of purchase of food 
stocks, accumulation  of food stocks and release of food stocks:  
 
III.  STATISTICAL INFORMATION (SEE ATTACHED TABLES  I-II) 
IV.  ADDITIONAL INFORMATION (AS APPROPRIATE)  
Period: ….  
TABLE I - STATISTICAL INFORMATION, DOMESTIC ACTIVITIES  
Name 
of the 
crop Annual 
purchases 
under the 
programme 
(quantity)  Annual 
releases 
under t he 
programme 
(quantity)  Administered 
prices  Released 
prices  Total 
production 
(quantity)  Estimated 
quantities 
released to the 
beneficiaries  
1 2 3 4 5 6 7 
 
TABLE II - STATISTICAL INFORMATION, EXPORTS & IMPORTS  
Name of the crop  Total imports 
(quantity)  Total imports 
(value)  Total exports 
(quantity)  Total exports 
(value)  
1 2 3 4 5 
 WT/MIN(22)/W/4 • WT/GC/W/850  
 
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  ANNEX Z: Adjusting the external reference price for excessive inflation  
a. Rates of inflation as determined by the relevant national authority of a Member shall be the 
basis for considering excessive inflation.  
b. After due consideration by a national authority:  
 
i. For any year, using the actual rate of inflation an index would be determined, taking 
1986-88 as the base period. In parallel, for each year a comparator index for the 
normal level of inflation would be determined using X % as the rate of inflation on 
1986-88 as the base period.  
 
ii. A Member would be considered to have faced excessive rate of inflation in a particular 
year, if the index based on the actual rate of inflation (with base year 1986 -88) 
exceeds the comparator index for the norm al rate of inflation (with base year 
1986-88) for the particular year.  
 
iii. For a given year, the difference between the indices for the actual rate of inflation 
and the comparator normal rate of inflation would be calculated.  
 
iv. The concerned Member would have the flexibility to adjust the external reference 
price by a factor based to the difference between the indices for the actual rate of 
inflation and the comparator normal rate of inflation.  
 
v. The adjusted external reference price (ERP) =  ERP in base year *(100+ {index for 
actual inflation – index for comparator normal inflation})/100 . 
 WT/MIN(22)/W/4 • WT/GC/W/850  
 
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  ATTACHMENT 1  
ANNEX 6  
Domestic Support Measures by Developing Country Members:  
Public Stockholding for Food Security Purposes   
Notwithstand ing any other provision contained in this Agreement, developing country Members, 
including Least Developed Country Members shall be eligible to implement programmes in respect 
of public stockholding for food security purposes that are consistent with the c riteria set forth in this 
Annex.  
 
Programmes for public stockholding for food security purposes  
1. Programmes for public stockholding for food security purposes shall include, but not be limited 
to: 
a. programmes for the acquisition of foodstuffs at administe red prices by the Government in 
developing country Members/Least Developed Country Members with the objective of 
supporting low income or resource poor producers;  
b. programmes for the acquisition of foodstuffs at administered prices by the Government in 
developing country Members/Least Developed Country Members and its subsequent 
distribution at subsidized prices with the objective of meeting food security requirements 
of urban and rural poor, and of maintaining adequate availability of foodstuff and/or 
ensur ing food price stability.  
2. The operation of programmes referred to in paragraph 1 above shall be transparent and  
conducted in accordance with officially published objective criteria or guidelines.  
Notification  
3. Members shall notify domestic support provided under programmes referred to under 
paragraph 1 of this Annex to the Committee on Agriculture on an annual basis  in accordance 
with their domestic support notification requirements under the AoA in accordance with 
document G/AG/2 of 30 June  1995. 
Other Provisions  
4. Stocks acquired under programmes referred to in paragraph 1 shall not substantially distort 
trade or adversely affect the food security of other Members.  
5. A developing country Member shall endeavor not to export from acquired stocks, except for 
the purposes of international food aid, or for non -commercial humanitarian purposes, or when 
requested by Net Food -Importing Developing Countries and least developed countries in the 
same geographic region or in any other region , or any  member facing food shortages and 
higher food inflation during international food crisis.  
6. Programmes referred to in paragraph 1 shall be implemented in accordance with the conditions 
set out in paragraphs 2 to 5 of this Annex.  
7. Where programme s referred to in paragraph 1 include programmes under which stocks of 
foodstuffs are acquired and released at administered prices, then, for the purposes of footnote 
5 of Annex 2, the Aggregate Measurement of Support (AMS) shall be calculated based on the 
actual quantity of foodstuffs acquired at administered prices, and  the external reference price 
in this regard shall be either of the following:  WT/MIN(22)/W/4 • WT/GC/W/850  
 
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  i. the three -year average price (f.o.b for a net exporter or c.i.f for a net importer) 
based on the preceding five-year period excluding the highest and the lowest entry 
for that product; or  
ii. adjusted for excessive inflation as per the methodology provided in paragraph 8 
below.  
8. The external reference price shall be adjusted for excessive inflation in accorda nce with the 
following principles:  
a. Rates of inflation as determined by the relevant national authority of a Member shall be 
the basis for considering excessive inflation.  
b. After due consideration by a national authority:  
i. For any year, using the actual rate of inflation an index would be determined, taking 
1986-88 as the base period. In parallel, for each year a comparator index for the 
normal level of inflation would be determined using X % as the rate of inflation on 
1986-88 as the base period.  
ii. A Member would be considered to have faced excessive rate of inflation in a particular 
year, if the index based on the actual rate of inflation (with base year 1986 -88) 
exceeds the comparator index for the normal rate of inflation (with base year 1986 -
88) for the particular year.  
iii. For a given year, the difference between the indices for the actual rate of inflation  
and the comparator normal rate of inflation would be calculated.  
iv. The concerned Member would have the flexibility to adjust the external reference 
price by a factor based to the difference between the indices for the actual rate of 
inflation and the comparator normal rate of inflation.  
v. The adjusted external reference price (ERP) = ERP in base year *(100 + {index for 
actual inflation – index for comparator normal inflation})/100  
9.  This Annex shall not preclude developing country Members, including Least Developed Country 
Members, from introducing public stockholding programmes for food security purposes in 
accordance with the other applicable provisions of this Agreement.  
 
10. For greater clarity, paragraphs 2 to 5 of this Annex shall apply only when the concerned 
developing country Member exceeds the applicable Aggregate Measurement of Support (AMS) 
limits under this Agreement, i.e., the Member’s Bound Total AMS or the de minimis  level, as 
applicable, as a result of the public stockholding programmes for food security purposes 
covered under paragraph 1 of this Annex . 
 WT/MIN(22)/W/4 • WT/GC/W/850  
 
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  ATTACHMENT 2  
For con sistency the following amendments shall be made to the Agreement on Agriculture:  
 
1. Article 6:1 : A sentence to be added at the end of the Article that "Exceptions to domestic 
support measures specified in Annex 6 will apply to developing country Members, 
notwithstanding anything stated in this Agreement ". 
2. Article 7:1 : Words "and Annex 6" to be added after reference to Annex 2.  
3. Article 7:2(a) : Words "and Annex 6" to be added after reference to Annex 2.  
4. Article 7.2(b) : A sentence to be added that "This provision shall not apply to programmes 
listed in Annex 6 of the AoA".  
5. Article 18.3 : Words "or in Annex 6" to be added after reference to Annex 2.  
6. Article 19 : The following shall be added at the end of Article 19:  
7. "Provided however that Article XXIII of t he GATT 1994, and Article 3.8 of the Dispute 
Settlement Understanding, shall not apply to any disputes arising from operation of 
programmes referred to in Annex 6 of this Agreement;  
8. Provided further that upon reference to paragraph 4 of the Understanding on rules and 
procedures governing the settlement of disputes (DSU), paragraph 4 of Annex 6 shall be 
applied in accordance with the relevant provisions of Part III, Part VIII and Article 31 of the 
Agreement on Subsidies and Countervailing Meas ures." 
9. Annex 3 : Opening sentence to be revised to "Subject to the provisions of Article 6 and 
Annex  6 ...".  
10. Footnote 5 of Annex 2 : shall be revised in accordance with paragraph 7 and 8 of Annex 6 . 
 WT/MIN(22)/W/4 • WT/GC/W/850  
 
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  ATTACHMENT 3  
PROTOCOL OF AMENDMENT  
The Ministerial Conference , 
Having regard to  paragraph 1 of Article X of the Marrakesh Agreement Establishing the World Trade 
Organization (the "WTO Agreement");  
Decides  as follows: ...  
1. The Agreement on Agriculture shall, upon entry into force of this Protocol  pursuant to 
paragraph 4, be amended by the insertion of Annex 6 as set out in the Annex to this Protocol.  
 
2. Reservations may not be entered in respect of any of the provisions of this Protocol without 
the consent of the other Members.  
 
3. This Protocol is her eby open for acceptance by Members [until _].  
 
4. This Protocol shall enter into force in accordance with paragraph 3 of Article X of the 
WTO Agreement.1 
 
5. This Protocol shall be deposited with the Director -General of the World Trade Organization 
who shall promptly furnish to each Member a certified copy thereof and a notification of each 
acceptance thereof pursuant to paragraph 3.  
 
6. This Protocol shall be registered in accordance with the provisions of Article 102 of the 
Charter of the United Nations.  
 
Done at Geneva this (date) day of (month) (year), in a single copy in the English, French and Spanish 
languages, each text being authenti c. 
 
 
__________  
 
 
1 For the purposes of calculation of acceptances under Article X.3 of the WTO Agreement, an instrument 
of acceptance by the European Union for itself and in respect of its member States shall be counted as 
acceptance by a number of Members equal to the number of member States of the European Union which are 
Members to the WTO.