RESTRICTED  
  
TN/C/M/41  
 
30 July 2021  
(21-5989) Page: 1/79 
Trade Negotiations Committee  
15 July 2021    
 
MINUTES OF MEETING  
 
HELD IN VIRTUAL FORMAT  ON 15 JULY  2021 
Chairperson: Dr . Ngozi Okonjo -Iweala (Director -General)  
Contents1 
 
1   WELCOMING STATEMENT BY THE GENERAL COUNCIL CHAIRMAN  ...............................  2 
2   OPENING STATEMENT BY TNC CHAIRPERSON   ................................ ............................  2 
3   REPORT BY CHAIRMAN OF THE NEGOTIATING GROUP ON RULES  ...............................  4 
4   EXCHANGES AMONGST MINISTERS2 ................................ ................................ ............  5 
4.1   Interventions by Ministers2 ................................ ................................ ...........................  5 
4.2   Summing Up by Chair of the Negotiating Group on Rules  ................................ ................. 75 
5   CLOSING STATEMENT BY TNC CHAIRPERSON  ................................ ...........................  76 
ANNEX – STATEMENTS BY MINISTERS  OF BRUNEI DARUSSALAM, DOMINICA ,                      
GABON  AND HAITI  ................................ ................................ ................................ .........  78 
 
Director -General Dr. Ngozi Okonjo -Iweala, TNC Chairperson , welcomed Ministers and Heads of 
Delegation to the Forty -First Session of Trade Negotiations Committee – the Virtual TNC Meeting a t 
the Ministerial Level on Fisheries Subsidies. She noted that more than a hundred  Ministers and Heads 
of Delegation ha d requested to speak. Th at was a record for the TNC  and was  a success in itself  – 
attesting to Members'  commitment to the multilateral tr ading system, and to the high importance 
they attach ed to successfully concluding the fisheries subsidies negotiations. Many Ministers and 
Heads of Delegation would be participating at unusual times of day and night. She wanted to thank 
all of them for th at demonstration of support and engagement.  
 
WTO Members had been at th ese negotiations for nearly two decades. But despite the significant 
progress they had made in the past months, important gaps continue d to stand between them and 
an agreement. So , the Ministerial -level TNC meeting wa s an effort to try something new, instead of 
repeating things that ha d yielded limited results before. Their presence and input t hat day w ould 
frame the process ahead.  
 
In the past days and weeks , many Ministers ha d reached out to her to emphasize the value of t hat 
day's gathering. She was grateful for these messages. She hoped that they would engage with each 
other  in a spirit of open -mindedness and flexibility to provide the political guidance n eeded to 
conclude these negotiations soon. She believe d it was imperative to conclude a good and balanced 
agreement before the Twelfth Ministerial Conference, so that they could focus on locking in the gains 
and finalizing the deal.  
 
So, she warmly welcome d all of them once again  and looked forward to constructive discussions and 
to a productive day.  
 
1 The proposed agenda was circulated in document TN/C/W/79/Rev.1 . 
2 Under this agenda item, Ministers and Heads of Delegation as well as Permanent Representatives took 
the floor to provide the statements of their respective delegations.  TN/C/ M/41 
 
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  1  WELCOMING STATEMENT BY THE CHAIRMAN OF THE GENERAL COUNCIL –                                      
H.E. AMBASSADOR DACIO CASTILLO  
1.1.  H.E. Ambassador Dacio Castillo, General Council Chairman , provided th e following statement:  
1.2.  As Chair of the General Council, I would like to extend my welcome to the Honourable Ministers , 
Heads of Delegation  and esteemed delegates who have joined us today,  and to those who will join 
in the following sessions. COVID -19 has led to a postponement of meetings, so this is the first time 
that Ministers  and Heads of Delegation  have been able to convene at the WTO in a long time. While 
we would have all liked to be  standing on the same ground, we are grateful to you for your flexibility 
to connect virtually from all corners of the world. Indeed, this is the first WTO Ministerial -level virtual 
meeting. Much work has been put in to organize it, to carefully lay the gr ound for a smooth running 
of the meeting and a productive discussion. We now look to you to find a way to harvest the fruits 
of the hard toiling that has been taking place in Geneva.  
1.3.  We are all here because of the vital importance of the negotiations on f isheries subsidies – we 
are all interested to reap results. The mandate was given by the WTO Minister ial Conference  twenty 
years ago to aim "to clarify and improve WTO disciplines on fisheries subsidies, taking into account 
the importance of this sector to  developing countries." We have seen much constructive engagement 
and if the gaps can be closed, an agreement is within reach. Dear Ministers  and Heads of Delegation , 
your engagement is decisive – today and in the coming months towards the Twelfth  Minister ial 
Conference, which will be held from 30 November to 3 December. We will continue to seek your 
engagement, guidance and support. From my part, I will continue working closely with all of you as 
we prepare for a successful MC12.  
1.4.  The Trade Negotiations Co mmittee took note  of the General Council Chairman's statement.  
2  OPENING STATEMENT BY CHAIRPERSON  OF THE TRADE NEGOTIATIONS COMMITTEE  – 
DIRECTOR -GENERAL DR. NGOZI OKONJO -IWEALA  
2.1.  Director -General Dr. Ngozi Okonjo -Iweala, TNC Chairperson , provided t he following  
statement3: 
2.2.  It is my distinct honour and pleasure to say how wonderful it is to be with you today. In 2001, 
Ministers decided to clarify and improve WTO disciplines on fisheries subsidies, taking into account 
the importance of this sector to developing and LDC Members . Leaders and Ministers have elaborated 
and reaffirmed this mandate, from Hong Kong in 2005 to Buenos Aires in 2017, making it clear that 
sustainability was the raison d'être of these negotiations. They made a fisheries subsidies agreement 
part of the UN S ustainable Development Goals and  set a 2020 deadline for reaching one.  
2.3.  But 20 years into these talks, we are yet to conclude an agreement. Unsustainable fishing 
practices continue to take a toll on our oceans, encouraged by the government financial support  we 
are seeking to discipline. The time for action is long overdue. In 1970, 10% of global fish stocks 
were overfished, according to the UN Food and Agriculture Organization. This had risen to 27% in 
2000, the year before these negotiations were launched. By 2017, 34% of global fish stocks were 
overfished, with most of the rest fully exploited.  
2.4.  Allowing this trend to continue threatens food security and livelihoods in coastal communities, 
together with the marine sustainability on which both depend. With a  major UN Biodiversity 
Conference only months away, all eyes will be on trade ministers and the WTO to see whether we 
can truly contribute to the sustainability of our oceans and our fish stocks, a global commons 
problem. Your actions today can help place us on a trajectory towards a better future.  
2.5.  While textual proposals have evolved over the years, a core problem remains the same. Instead 
of converging on effective disciplines for all, negotiators have devoted time and ingenuity to finding 
ways to constra in others' support but not their own. This is what trade negotiators are trained to do 
– and Ministers, I congratulate you on the skills of your negotiating teams. But it is not getting us 
the outcome we need for our oceans.  
 
3 The TNC Chairperson 's Opening Statement was circulated in document JOB/TNC/94.  TN/C/M/41  
 
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  2.6.  There are many fundamental conc erns at stake in these negotiations, particularly with regard 
to the livelihoods of the poorest and most vulnerable fisherwomen and men. This is why, since I 
took office in March, I have been reaching out to Heads of State, to you, Ministers, and to Perman ent 
Representatives to try and find a pathway to finishing these negotiations. In all of these efforts, I 
have been working closely with the Chair of the Negotiating Group on Rules – Ambassador Wills to 
whom we owe a debt of gratitude for his diligence and  persistence. I am also grateful to the 
Secretariat team for their tireless efforts to support these negotiations as well as to all the Permanent 
Representatives and your negotiators in Geneva for their hard work.  
2.7.  I believe that we are all genuinely commit ted, but a shift of mindset is necessary for us to 
bridge the final gaps that continue to separate Members. I convened this meeting because we need 
your collective political guidance to propel the negotiations to the final stage, so that we can deliver 
an agreement soon, hopefully well before you come together again for our Twelfth  WTO Ministerial 
Conference at the end of November. When I say we should deliver an agreement soon, I mean an 
agreement with quality. And I am optimistic that with your help today , we can get there.  
2.8.  My optimism springs from two sources. First, Members all agree on the severity of the problem 
concerning the depletion of fisheries resources and recognise that solving it is a shared responsibility 
for all of us. When negotiating, we s hould regularly remind ourselves that we are working together 
to fulfil a common objective for the health of our planet and the livelihoods of our people. This is our 
purpose as enshrined in the Marrakesh Agreement. We have a chance to effect positive chan ge for 
the lives of millions of people across the world. We can put SDG target 14.6 back on track at a time 
when the pandemic has set back development progress on so many fronts.  
2.9.  Second, I hear from many Members that text -based negotiations are what you w ant, and we 
now have a draft text that could serve as a basis for end -stage negotiations. Shifting to full text -
based negotiations requires a text to serve as the platform for forging the final compromises. I thank 
you and your negotiators for your collect ive work in developing this text which is a product of your 
engagement over the past year. The countless meetings on the successive drafts convened by 
Ambassador Wills, assisted by the Secretariat team, have all been aimed at listening to your priorities 
and concerns with a view to progressively developing a text that all Members could take as a basis 
for finalizing a deal.   
2.10.   We must not underestimate the significance of having – for the first time in 20 years – a full 
text on fisheries subsidies, built up from Members' proposals. The current text is not perfect – as is 
inevitable for anything based on the views of 164 Members with different perspectives.  But it is an 
important step forward. It underscores the enormous progress you have made together over t he 
past year, despite the challenges posed by the pandemic. Let me emphasize that taking this text as 
the basis for subsequent work does not mean that it reflects full agreement, or that nothing else 
could be added or subtracted. That is what the text -based negotiations are for.  
2.11.   Furthermore, while having a text that can serve as the basis for subsequent work is necessary, 
it is not sufficient. We need the flexibility and dedication of your negotiators to take the remaining 
steps towards convergence. Your pr esence today, including your responses to the two questions, 
will provide the critical political guidance needed for them to find common ground.  
2.12.   The success or otherwise of these negotiations is in your hands. The positions you take today 
could set the sta ge for Members to reach a meaningful conclusion, focusing on our shared 
sustainability objectives and the livelihoods of poor fisherwomen and men, especially those engaged 
in artisanal fishing. You can send a powerful signal – one way or the other – about the WTO's 
credibility as a multilateral negotiating forum. These fisheries subsidies negotiations have become a 
litmus test of WTO Members' ability to deliver meaningful multilateral agreements.  
2.13.   Let me conclude by noting that your Ministerial colleagues a re also working hard to respond 
to the challenges of our time. Health Ministers are working towards a pandemic preparedness treaty.  
Finance Ministers are putting in place a charter for financing pandemic preparedness, so that we 
make the multi -billion -dollar investments that will give us a better chance to prevent or contain 
multi-trillion -dollar crises. Environment Ministers are developing a framework to cut the rate of 
biodiversity loss.  TN/C/ M/41 
 
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  2.14.   The trading system also has major contributions to make on multiple  fronts, helping to find 
solutions to the pandemic but also to this sustainability and livelihood challenge of the global 
commons. Success on fisheries subsidies would demonstrate to the world that the WTO can deliver 
new multilateral agreements. It would enhance our prospects for success in other areas. This is the 
collective choice facing you today, Ministers: to support a WTO that delivers results or to continue 
with a WTO of division and deadlock. I know we all want the former: a WTO of results. A WTO t hat 
delivers tangible improvements to the lives of the people we are here to serve.  
2.15.   With these words, I would like to thank all of you for the support and commitment you have 
shown by taking time to participate in this meeting – at very inconvenient times of day and night 
for many of you. We do not take this lightly. I look forward to hearing about your contributions to 
advancing our collective cause.  
2.16.   The Trade Negotiations Committee took note  of the TNC Chairperson's statement.  
3  REPORT BY CHAIRMAN OF THE NE GOTIATING GROUP ON RULES – H.E. AMBASSADOR 
SANTIAGO WILLS  
3.1.  H.E. Ambassador Santiago Wills , Chairman of the Negotiating Group on Rules , provided t he 
following report4: 
3.2.  First, I would like to echo Dr . Ngozi in recognizing and thanking the hard work of your H eads 
of Delegation and their delegates over the past few years. It is a privilege for me to serve as the 
Chair of the Negotiating Group on Rules, facilitating your delegations' work on the fisheries subsidies 
negotiations, and it 's my honour to address all of you today. Their commitment to the negotiations 
is much appreciated and I am very grateful to them for their flexibility and willingness to meet 
frequently and sometimes at short notice. I would also like to sincerely thank th e DG, Dr. Ngozi, for 
her commitment on this process; her full engagement has been key in moving these negotiations 
forward and in making the necessary progress that today allows to meet with you.  
3.3.  The draft text that I introduced to the Negotiating Group o n 30 June, which is the basis of the 
questions you will discuss, is the reflection of this work. That is, the collective work of all WTO 
Members. And I would like to emphasise that it remains a draft text – its purpose is to be the subject 
of more work. Th is text is the latest step in a process that began 18 months ago, when I took up 
the Chair of the Negotiating Group. Many Members at that time suggested that we start a process 
of "text -based" negotiations. When I inquired, however, I found that there was no single text that 
could be used as a basis. Thus, one year ago, I compiled a first draft consolidated document, from 
the many documents that were then before Members, including proposals and facilitator reports.  
3.4.  Helpfully, those inputs all reflected thr ee main substantive pillars derived from the mandate, 
on subsidies contributing to Illegal, Unreported and Unregulated fishing, subsidies to fishing on 
overfished stocks, and subsidies contributing to overcapacity and overfishing, as well as provisions 
on special and differential treatment, which is also a core element of the negotiating mandate. Along 
with this, the inputs addressed notifications and transparency, as well as other cross -cutting issues 
such as institutional arrangements and dispute settleme nt. The first consolidated draft document, 
although incomplete and very much a compilation, marked an important step in the negotiations, as 
Members began to engage on the basis of that single document.  
3.5.  Since then, there have been successive iterations of  the draft document, on which delegations 
have continued to engage and contribute. Through this work, the evolving text was gradually filled 
out, and some clarity emerged on where there was a certain convergence, as well as on where views 
were divided,  and different options were maintained. The changes introduced were based on written 
and oral interventions by Members, and always were aimed at helping Members to identify the 
potential for convergence. It is particularly noteworthy, and a tribute to Members,  that all of this 
progress was made while the COVID -19 pandemic brought major disruptions to how we engage.  
3.6.  The current draft, in document TN/RL/W/276/Rev.1, is the most recent product of this ongoing 
process of building toward a platform for text -based ne gotiations. The work has now distilled the 
 
4 The report by the Chairman of the Negotiating Group on Rules was circulated in the annex to document 
JOB/TNC/94.  TN/C/M/41  
 
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  issues to the point where technically we are ready to engage in that new mode. My hope is that the 
text can serve as a tool on which we can now work and that will help us to reach a final result that 
all Members c an accept. We thus need Ministerial guidance to set us on this path.  
3.7.  Concerning the questions that the Director -General and I put to you: on the first question, we 
are asking you to agree to finish the negotiations as soon as possible ahead of MC12, by en gaging 
on the current text. This in no way means that you would be conceding your national positions, it 
would just mean using the text as the common basis on which you would pursue those positions to 
seek the amendments, additions and deletions that you b elieve are needed. And it would depend on 
fully authorizing your Heads of Delegation, that is, providing them with all of the instructions needed 
to make the necessary compromises on the spot.  
3.8.  The second question reflects that an overarching and fundament al concern of developing and 
Least Developed Country Members in these negotiations is the food security and livelihood of 
artisanal fishers.  An affirmative answer to this question would be without prejudice to other issues 
related to special and different ial treatment, including in any other contexts, and would make clear 
that this concern is a common denominator among Members. There are many other questions that 
Dr. Ngozi and I could have raised to you but these two appeared to us to be ones where your 
guidance would be particularly helpful.  
3.9.  I would like to conclude by recalling the broader context of these negotiations, as already noted 
by Dr. Ngozi. This process started in 2001, and since then many deadlines have been missed, 
including the 2020 deadline  contained in SDG Target 14.6, which WTO Ministers reiterated in your 
own Decision at MC11. These negotiations are about the sustainability of precious shared resources 
on which millions of people, including many poor people, depend. This is not the usual WTO business 
of commercial relations. The negotiations were urgent when they began 20 years ago, and have only 
become more so as each year has gone by and fish stocks have continued their alarming decline. 
So, a result is long overdue, and the world is wat ching. As you know, Leaders will meet in September 
to review progress on the Sustainable Development Goals. Now is an opportunity for WTO Ministers 
to show your individual and collective commitment to finally delivering on the mandate.  
3.10.   The Trade Negotiatio ns Committee took note  of the report by the Chairman of the Negotiating 
Group on Rules.  
4  EXCHANGES AMONGST MINISTERS5 
4.1  Interventions by Ministers5 
4.1.  Director -General Dr. Ngozi Okonjo -Iweala, TNC Chairperson , provided t he following statement:  
4.2.  It is now time to hear from you – our Ministers and Heads of Delegation. To assist in focusing 
your exchanges in light of the report that you have just heard, I wish to recall that two questions 
were posed to you on 2 July to be answered during this meetin g. The first question asks if you can 
confirm a commitment to finishing the negotiations quickly, using the text as the basis, with your 
Heads of Delegation fully authorized to contribute the necessary flexibility to that end. The second 
question aims to e stablish whether there is common ground among Members on the high priority of 
poor and vulnerable artisanal fishers in developing and LDC Members. I again wish to emphasize 
that answering yes to these questions does not mean that you accept every word in t he text, or that 
the text is closed to additions, deletions or modifications. That is what text -based negotiations would 
focus on.  
4.3.  H.E. Mr. Jeremiah Manele, Minister for Foreign Affairs & External Trade of the Solomon Islands , 
also speaking on behalf of th e Pacific Group , provided the following statement:  
4.4.  I make this intervention on behalf of the Pacific Group Ministers, and also in my capacity as 
the Chair of the ACP Council of Ministers, our Group supports the ACP Group statement which will 
be delivered by Jamaica.  
 
5 Under this agenda item, Ministers and Heads of Delegation as well as Permanent Representatives took 
the floor to provide the statements of t heir respective delegations.  TN/C/ M/41 
 
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  4.5.  In response to NGR Chair 's first question, the Pacific Group have previously expressed our 
commitment to conclude this negotiation quickly, and therefore affirm our commitment to conclude 
this negotiation ahead of MC12. This will allow Capitals  to consider and clear the final Text before 
its adoption at MC12. On the current Revised Draft Text ( TN/RL/ W/276 /Rev.1) before us today, the 
Pacific Group welcomes some positive changes that have been incorporated as going in a positive 
direction but note  that some contentious issues from the previous Draft Text remain and represent 
an imbalance in favour of large subsidisers.  
4.6.  The Pacific Group could support the current Draft Text including the hybrid approach (Article 
5.1.1) as the basis for concluding th e negotiations if the following issues are taken into account. 
One, that the hybrid approach must include clear mechanisms to reduce harmful subsidies by large 
subsidisers and it must be matched by meaningful special and differential treatment for developi ng 
and LDC  Members . Two, transparency must not be onerous for small Members, it must be applied 
proportionately to exclude small scale artisanal fishing which are not the problem and must avoid 
imposing transparency as a condition for S&DT. Three, the Text  must exempt differential pricing in 
the allocation of fishing licenses, fishing rights and quotas as these are considered important fisheries 
management measures, as reflected in paragraph 65 of the NGR Chair 's Accompanying Notes to the 
Revised Text.  
4.7.  On the NGR Chair 's second question, the Pacific Group welcomes the exemption for artisanal 
fishing as reflected in the Revised Chair 's Text. This exemption must include small scale fishing which 
is not the main cause of the problem of overfishing and is vital for the livelihood security of many 
coastal and island communities.  
4.8.  The Pacific Group also underlines that "appropriate and effective S&DT " is an integral part of 
the SDG 14.6 and MC11 mandates and must take account of Members that depend on fisheries such  
as small island developing states like the Pacific.  
4.9.  The Pacific Group also stresses that S&DT for the Pacific, like other ACP Members cannot be 
limited to artisanal fishing as suggested by the Chair in his question. As the region with healthy 
stocks and t he largest source of global tuna catch annually, but accounting for only 0.3% of global 
fishing vessels, this Agreement must not lock the Pacific Members into their current situation of 
depending on distant water fishing nations to exploit their stocks. Th is Agreement must provide 
policy space for Pacific Members to develop their fishing capacity in future and to enable them to 
value add their fish and diversify their economies.  
4.10.   The Pacific Ministers therefore support the joint ACP and African Group proposa l on S&DT of 
25 May 2021, in particular, the exemption for small fishing nations based on an acceptable threshold 
of global marine catch. We note that this proposal for a threshold is also reflected in your Revised 
Text, Chair and the Pacific is willing to  discuss how to bridge this.  
4.11.   Speaking on behalf of Solomon Islands , the following statement was made:  
4.12.   We endorse the ACP Group statement which will be delivered by Jamaica and also the Pacific 
Group statement. To respond to your first question, Solomon Isl ands supports efforts to conclude 
this negotiation ahead of MC12. However, we must ensure that we conclude a meaningful agreement 
that meets the mandates of the SDG 14.6 and the MC11 mandates – of prohibiting harmful fisheries 
subsidies and  providing effective special and differential treatment for developing and LDC Members . 
On the Revised Text of 30 June, Solomon Islands notes the positive changes on artisanal fishing,  
but the Text has retained the main areas of imbalances that would allow  large subsidisers to continue 
their huge subsidies while overburdening small Members that contribute very little to overfishing.  
4.13.   This Text could be the basis for going forward if these imbalances are addressed. In particular: 
the hybrid approach must inc lude mechanisms to reduce harmful subsidies by large subsidisers and 
it must be matched by meaningful special and differential treatment for developing and LDC  
Members ; transparency obligations should not be a condition for invoking S&DT and should not be 
burdensome on small Members and this Agreement must not undermine our rights to our exclusive 
economic zones or be used to challenge our fisheries management regimes including our right to 
use differential pricing for fishing access as a fisheries manageme nt tool. On the final point of your 
first question, our Head of Delegation has the mandate to negotiate fisheries subsidies with certain 
flexibility to reach a meaningful agreement in close coordination with Capital.  TN/C/M/41  
 
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  4.14.   On your second question, special and di fferential treatment is integral to the mandates and 
is very important for Solomon Islands and many small island developing states (SIDs). S&DT should 
therefore not be limited to artisanal fishing. The Solomon Islands considers S&DT important for two 
areas : First, for Artisanal and small-scale fishing. We welcome the exemption for artisanal fishing,  
but this must be broadened to include small scale fishing which is important for Solomon Islands 
and for many Members to support food and livelihood security. S econd, to provide policy space for 
Members like us that have the fisheries resources, to develop our fishing capacity in future. This will 
enable us to value add our fish and diversify our economies. In this connection, we see the exemption 
for small fishi ng nations as a workable solution, and we can exercise the required flexibility to reach 
a meaningful threshold.  
4.15.   H.E. Mr. Damien O'Connor, Minister for Trade and Export Growth of New Zealand , provided 
the following statement:  
4.16.   We agreed together that fish s ubsidies are contributing to overfishing and depleted fish stocks 
worldwide. We agreed that twenty years ago at the start of this process. We now need to take the 
final step and agree on a solution – for the health of the fish and the multilateral trading system. To 
that end, I affirm New Zealand 's commitment to concluding the negotiation as soon as possible 
ahead of MC12.  Last month I chaired an APEC Trade Ministers ' Meeting, where Ministers from 21 
economies endorsed the call for this negotiation to achie ve a comprehensive and meaningful 
agreement by 31 July. Colleagues, we cannot take any more time than is absolutely necessary to 
reach a deal. Now is the time for flexibility and pragmatism.  I do believe the basic elements of the 
landing zones necessary t o reach a conclusion are contained within the draft text.  
4.17.   On the second question – New Zealand agrees that the key component of special and 
differential treatment is for poor and vulnerable artisanal fishers in developing and Least Developed 
Country Membe rs.  Of course, sustainability is critical for these fishers given livelihoods literally 
depend on healthy stocks. Our view has always been that any permanent carve -outs must be very 
narrow, and special and differential treatment must be balanced against t he need for meaningful 
disciplines. The adjustment made by the Chair in his revised text related to artisanal fishing would 
be a significant concession, and by no means our preferred approach.  However, we are looking for 
genuine compromise that will move us towards a landing zone. We need to move away from 
extremes in order to get a set of robust subsidy disciplines that we can all be proud of.  
4.18.   This leads me back to the first question around our collective political will to conclude this 
deal.  There are parts of the text that make us uncomfortable, as I 'm sure there are for most of you.  
But this is what it means to bridge large gaps in our positions. Colleagues, after 20 years of 
negotiations, a meaningful and credible agreement is within reach.  We must  use the current 
momentum and find pragmatic landing zones on the outstanding issues.  I hope others will join me 
in affirming their commitment to conclusion on the basis of the current text as soon as possible 
ahead of MC12.  
4.19.   H.E. Dr. Lino Tom MP, Minister  for Fisheries and Marine Resources of Papua New Guinea , 
provided the following statement:  
4.20.    This country statement is in support of the Pacific Group statement delivered by the 
delegation of Solomon Islands and the African Caribbean Pacific Statement to be  delivered by the 
delegation of Jamaica. Papua New Guinea remains committed to ensuring that an outcome is reached 
in the fisheries subsidies negotiations. Notwithstanding this, it is critical for the WTO to reach an 
agreement that meets the mandates as st ated in SDG14.6 and the MC11. Successful conclusion of 
the fisheries subsidies negotiations will also demonstrate the credibility and relevance of the WTO.  
4.21.   Let me provide responses to the two main questions posed by you. Regarding the first 
question, Papua New Guinea remains committed to the negotiations and its conclusion ahead of 
MC12. However, the agreement must deliver on the mandates as stated in SDG14.6  – to prohibit 
harmful fisheries subsidies and most importantly for developing and LDC Members , provide 
appropriate and effective special and differential treatment.  
4.22.   Papua New Guinea welcomes the progress to date, particularly the Chair's revised draft te xt, 
but reiterates that the current text is imbalanced and favours the interest of large subsidizers.  The 
text is imbalanced because it does not take into account our special and unique circumstances - it TN/C/ M/41 
 
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  does not meet our interests on small scale fisherie s; it falls short on the mandate to accord 
appropriate and effective special and differential treatment; the transparency and notification 
requirements are onerous and burdensome; article 5 is very problematic, unfair and, 
disproportionate. Article 5.1.1 w ill enable large subsidisers to continue subsidies in the name of 
fisheries management while Members that contribute very little subsidies to overcapacity and 
overfishing will be overburdened with rules.  
4.23.   Regarding your second question, Papua New Guinea we lcomes the permanent exemption of 
artisanal fishing. However, it is in our interest to also seek a permanent carve out for small scale 
fishing. Appropriate special and differential treatment applied to artisanal fishing must also apply to 
small scale fishi ng. This Agreement must not prevent PNG from using subsidies to develop its fishing 
fleet (noting that Oceania accounts for only 0.3% of global fishing vessels.). This includes exemption 
on pricing of fishing access through allocation of licences, fishing rights or quotas which are important 
fisheries management tools.  
4.24.   I also wish to state that the WTO is not a fisheries management organization and the WTO 
must observe the competence of other relevant international fisheries conventions, or treaties and 
regional fisheries management organi zations. In conclusion, let me reiterate that any discipline on 
artisanal and small -scale fishing must recognise Papua New Guinea' s sovereignty in its archipelagic 
waters. For instance, enforcement of our own domestic laws  and regulations within national 
jurisdiction, should be respected.  
4.25.   The representative of Vanuatu , speaking on behalf of H.E. Honourable  Marc Ati, Minister for 
Foreign Affairs, International Cooperation and External Trade of Vanuatu , provided the followin g 
statement:  
4.26.   We associate ourselves with the statements by Solomon Islands on behalf of the Pacific WTO 
Members and by Jamaica on behalf of the ACP. At the outset, Vanuatu states its commitment to 
completing the negotiations on the Fisheries Subsidies Agr eement before the Ministerial Conference 
12 (MC12).  Despite our disappointment of the WTO Members ' of not being able to conclude the 
Fisheries Subsidies Agreement negotiations by December 2020, we are pleased with the concerted 
and untiring efforts to adva nce the negotiations in the recent past.  We accept that the Fisheries 
Subsidies text are evolving,  and we are pleased with the progress  thus far.  The Chair 's Draft of the 
negotiating text issued to WTO Members at the end of June 2021, is acknowledged and we believe 
that it contains basic elements and a good basis for the discussions going forward.  
4.27.    In that regard Vanuatu agrees that WTO Member 's resolve must  be to prohibit certain forms 
of fisheries subsidies which contribute to overcapacity and overfishing overfished stocks, and 
subsidies that lead to Illegal, Unreported and Unregulated (IUU). Also that WTO Members must 
refrain from introducing new subsidies  of that nature  Vanuatu wishes to stress and call on other 
WTO members to recognise that appropriate and effective special and differential treatment for 
developing and LDC Members  should be an integral part of the WTO fisheries subsidies negotiation 
which  can include key exemptions: to be accorded to fishing 'access fees ' through the allocation of 
licence fees; covering our small scale, village and artisanal fisheries; and to allow for policy space 
to use subsidies to develop our own fisheries sector.  
4.28.   The text is almost there, in our view, so allow the officials flexibility to allow convergence on 
the matter. In saying that, a final agreement to be meaningful for Vanuatu and for our Pacific region 
must allay a perception from our side, of an imbalance - where the text allows those current large 
subsidisers to continue in the name of fisheries management, while a country like Vanuatu who 
contribute very little subsidies to overcapacity, and overfishing may be faced with onerous rules.  A 
Fisheries Subsidies Agreement must be clear that fisheries management measures cannot be 
scrutinised or be subjected to challenge in the WTO.   
4.29.   In terms of the way forward, Vanuatu will show flexibility but for us, the protection of the 
Oceans, guaranteed sustaining of our fi sheries resources and supporting LDCs, SVEs and Pacific 
countries with certain exemptions as part of the S&DT considerations should be aimed at. Also: (i) 
Negotiations and an agreed Fisheries Subsidies Agreement text be finalised before the end of 
November  2021 and that MC12 will be a formality to adopt the final agreement.  This must be an 
outcome for MC12; (ii) Agreement on Principle at this Ministerial that Special and Differential 
Treatment for Developing and LDC Members  must be included and reflected i n a Fisheries Subsidies TN/C/M/41  
 
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  Agreement and (iii) there be an agreed way forward at the end of today 's meeting and call for 
negotiators to conclude the tasks at hand.  
4.30.   H.E. Hon. Dr. Bandula Gunaward ena, Minister for Trade of Sri Lanka , provided the following 
statement:  
4.31.   At the outset, Sri Lanka reaffirms its commitment to the mandates agreed at MC11 and under 
SDG 14.6, and to the collective achievement of a balanced, comprehensive and effective disciplines 
on fisheries subsidies, with appropriate and effective S &DT measures for developing countr y 
Members . Sri Lanka is therefore concerned that the present Chair 's text does not reflect the 
divergent positions of the developing country Members , and fails to adequately address the agreed 
mandates, particularly on the cr itical issue of S&DT for developing countr y Members . The text, in 
fact, has regressed in terms of sustainability as well as development. Instead, the proposed design 
of disciplines and permanent flexibilities would legitimize the status quo, allowing the b iggest 
polluters of global fishery resources to continue harmful practices.  At the same time, it has narrowed 
the scope of S&DT provisions for developing countr y Members . The resulting imbalance in the text 
may jeopardize its endorsement at MC12.  
4.32.   That S&D T is of critical importance, is recognized in both the WTO and SDG 14.6 mandates 
and in other international legal instruments that have underscored multifaceted purposes of S&DT 
for developing countr y Members . Nevertheless, it is disheartening that it is f requently framed as a 
problematic part of these negotiations. Current S&DT proposals mostly relate to exclusion from 
prohibitions for developing countr y Members , only within their territorial seas. However, the 
additional exclusion of EEZs from prohibition s under all negotiating pillars, would allow developing 
countr y Members  to provide government support to build the capacity of the domestic fishing 
industry, leading to greater value addition of sovereign resources, and bolstering vulnerable 
communities.  
4.33.   The Chair's text takes a 'sustainable ' management -based approach to curb subsidies, which, 
while allowing those having robust fisheries management systems to continue subsidisation, places 
those unable to demonstrate the effectiveness of their policies, at  a disadvantageous position.   The 
WTO must ensure that any commitments in these negotiations do not undermine existing 
frameworks for fisheries management.  
4.34.   If S&DT is to be "appropriate and effective ", developing countr y Members  must be allowed to 
manage  and conserve their resources as per their international obligations.  This approach would 
provide development flexibility, conservation integrity, be easier to administer as well as focus 
efforts on curbing subsidies in high seas . As such, S&DT should not  only be about keeping a lifeline 
for some artisanal fisheries, but it should offer a set of supplementary disciplines that are consistent 
with provisions in international legal instruments, as well as entail flexibilities for future policy space 
which act  as synergies.  
4.35.   H.E. Hon. Faiyaz Siddiq Koya, Minister for Trade of Fiji , provided the following statement:  
4.36.   At the outset, I support the statement made by the Pacific Group and the ACP Group. Fiji re -
affirms its commitment to conclude the fisheries subsidie s negotiations ahead of the Twelfth  
Ministerial Conference. However, we must not rush to conclude just any type of Agreement. We 
must ensure that Agreement is balanced, meaningful and it delivers on the SDG 14.6. Mandate.   
4.37.   Fiji believes that the revised te xt does not have all the ingredients to conclude the Agreement. 
Fiji is not satisfied with the current chair 's text. Whilst we welcome a few positive changes in the 
revised text, significant imbalances remain. The final agreement must require prompt and si gnificant 
reductions in the level of subsidies providing by the largest subsidisers. Fiji entered negotiations for 
an agreement to reduce subsidies, not one that will micro -regulate our fisheries management and 
leave the bulk of subsidies in place. We in t he Pacific have unique interests and challenges, and fish 
and fisheries are very important to us. Therefore, Fiji will only endorse an agreement that focuses 
on the sustainable development, and the protection and preservation of the fisheries resources, in  
a manner consistent with our own development needs.  
4.38.   The one -size-fits-all approach will not work for us small island developing states. The text is 
imbalance – against our development and small -scale fishers. It will permanently prevent us TN/C/ M/41 
 
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  sustainably developing our own resources, by rewarding the existing distant water fishing fleets that 
have grown on the back of billions of dollars of subsidies.  
4.39.   With regard to the second question, Special and Differential Treatment is a central part of ou r 
negotiations for a discipline on subsidies to overcapacity and overfishing. We recognise that the text 
recognises the need for a de minimis  provision for small fishing nations, and we welcome this 
inclusion across the two alterative sets of language. But  attempt to reduce S &DT to time bound and 
territorial sea bound carve -outs is simply unacceptable for us. In short, the current approach 
penalizes us for never having been major subsidies.  It is equally outrageous that access to S&DT  
should be conditioned on small island developing states fulfilling onerous reporting requirements on 
non-subsidy matters. The WTO is not a fisheries management organization.  
4.40.   In Fiji, 65% of the population are coastal dwellers, and comprises 850 coastal communities, 
whose liveli hood is dependent on small -scale artisanal fisheries. Hence, sustaining our fisheries is 
imperative for the socio -economic prosperity of our nation and the people. S&DT must therefore 
provide policy space for small Members like the Pacific, which have heal thy stocks to develop their 
capacity to fish and utilise the resources in future.  
4.41.   Fiji remains committed to a multilateral trading system and we therefore express our 
willingness to further discuss the proposal for an acceptable de minimis  threshold of glo bal marine 
catch as an exemption for small fishing nations in due course. It is of paramount importance that 
Members meet their responsibilities as we look forward to having the right balance of disciplines in 
fisheries subsidies for the sake of our enviro nment, our ocean, food security and livelihoods of our 
people.  
4.42.   H.E. Mr. Kotaro Nogami, Minister for Agriculture, Forestry and Fisheries of Japan , provided 
the following statement:  
4.43.   The Chair posed two questions in the aim of reaching a conclusion to this ne gotiation. It is 
important for Japan to conclude the negotiation as soon as possible in line with the SDGs mandate 
to promote the sustainable use of marine fish resources. To do so, all Members , including Japan, 
need to participate in the discussions while  showing flexibility.  Let us consider the first question: 
"Can you confirm that the basic elements of the landing zone necessary to reach a conclusion are 
contained within the current draft text?" There are various points to be modified in the current draf t 
text. Having said that, the hybrid approach in the current text is the most important element for 
Japan and we believe this approach is the only solution that all Members  can live with. Therefore, 
Japan is ready to cooperate with other Members in order t o conclude the negotiation as soon as 
possible based on the current draft text while adopting a hybrid approach.  
4.44.   Meanwhile, some Members have expressed concerns that the hybrid approach creates a 
carve -out for developed countri es in order to escape from t he prohibition of certain forms of 
subsidies. However, efforts to maintain and recover fish stocks through appropriate fisheries 
management should be duly considered whether it is done by developed or by developing countr y 
Members . In recent years, Japan a lso has made significant efforts to reform various fisheries policies 
in order to promote fisheries management, and it has explained the reforms to fishers more than 
400 times at their request so they can understand and smoothly implement the reforms. Japa n 
expects that through adopting the hybrid approach, subsidies implementation will promote Members' 
fisheries management and consequently improve fisheries management at a global level. This is a 
great achievement of this negotiation.  
4.45.   Japan has consistently insisted that the effects of fisheries subsidies should be judged 
holistically. This means that the effects of subsidies will be based on how subsidies are implemented 
and what kind of conditions of fisheries management are attached to the sub sidies. The fact that 
Members may grant or maintain subsidies if measures are implemented to promote the rebuilding 
of the stock as shown in Article 4.3 seems to be the reflection of widening support for this idea. The 
idea that the effects of subsidies sh ould be holistically judged should be a basic principle of this 
discipline.  
4.46.   Next, I will say a few words on the second question: "Can we agree that the key component 
of special and differential treatment is for poor and vulnerable artisanal fishers in deve loping country 
Members and LDC Members?" Japan believes it necessary to give consideration to poor and TN/C/M/41  
 
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  vulnerable artisanal fisheries. At the same time, however, such a consideration should be 
accompanied by fisheries management. Although the differences i n level of fisheries management 
should be taken into account depending on the amount of fish production, all Member s should share 
responsibilities of fisheries management according to their fish production level. In this regard, Japan 
will actively contrib ute to the discussion to ensure that developing and LDC Members  can benefit 
from the hybrid approach. On that basis, we should discuss the necessary S&DT measures for 
artisanal fisheries.  
4.47.   These are my answers to the Chair's questions. It is important for a ll Members to make efforts 
toward the conclusion of this negotiation as soon as possible based on the current draft chair's text. 
Japan will continue actively engaging in this negotiation.  
4.48.   H.E. Mr. Eiichiro Washio, State Minister for Foreign Affairs of Jap an, provided the following 
statement:  
4.49.   I would like to explain Japan's position regarding assistance for developing Members. Japan 
fully commits itself to the early conclusion of fisheries subsidies negotiations ahead of MC12, based 
on SDGs, aiming at susta inable use of maritime resources, and is determined to cooperate with 
Director -General and the Chair as much as possible. Through the recent negotiation, however, it has 
become clear that the difficulty of managing marine resources constitutes one of the f actors that 
hinders reaching an agreement in these negotiations. I understand that such management, which 
requires scientific data -based analysis and long -term persevering effort, is a difficult task for 
developing Members' artisanal fisheries. At the same  time, it is also a big challenge for developed 
Members and should be addressed in collaboration with all of the WTO Members. Japan is firmly 
determined to address this important task.  
4.50.   The draft consolidated text has referred to an idea for establishment of a voluntary funding 
mechanism for technical assistance and capacity building. Providing assistance for developing 
Members is important to raise their capacities, and Japan will continue to provide such assistance in 
the future.  Japan's experience, as a traditional fisheries country, shows that it is effective to share 
the following in order to support building national resource management systems: (1) financial 
resources; (2) human resources, technology, and goods; and (3) expertise and experience. Japan  
is fully committed to implementing assistance programs based on these three pillars in the aim of 
contributing to both concluding the negotiations and to achieving sustainable fisheries, which is our 
ultimate goal.   
4.51.   I believe fresh political momentum has  been generated, and it is necessary to accelerate this 
momentum in order to eventually achieve a successful early conclusion of the negotiations. The 
world has great expectations for the new WTO led by Dr. Ngozi. We must ensure the conclusion of 
the negot iations as one of the positive outcomes at the upcoming MC12, and thereby provide the 
first example of the wider WTO reform. I believe that today's discussions will be an important 
milestone on our way to achieving an early conclusion of negotiations.  
4.52.   H.E. Mr. Yaqoob Al -Busaidi, Undersecretary for Fisheries Wealth for the Ministry of Agriculture, 
Fisheries Wealth and Water Resources of Oman , provided the following statement:  
4.53.   We feel that there are a number of issues that warrant our focus and attention. The  issues of 
S&DT, small scale and artisanal fishing are key topics that will determine whether we can reach 
convergence on a final text. We feel that we should devote more time to these topics going forward 
to identify potential landing zones.  In addition,  non-specific subsidies is a sticking point that requires 
immediate attention, as we continue to feel that it is outside the scope of our mandate. We have 
already spent a considerable amount of time discussing a proposed generally available flexibility - 
we think negotiations could benefit from giving these other topics more airtime . 
4.54.   In response to your two questions, we would like to share the following views. This delegation 
is committed to concluding negotiations as soon as possible ahead of MC12.  As yo u know our 
Permanent Representative Ambassador Al Khanjari has been actively engaging in these negotiations 
since they have been elevated to the HoDs. As Permanent Representative to the WTO he is naturally 
authorized to speak on Oman' s behalf in these nego tiations. Consistent with the nature of his 
responsibilities he will continue to carry out his duties in coordination with Capital to receive 
instructions as required and engage accordingly.  TN/C/ M/41 
 
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  4.55.   As we have said in previous meetings, we consider that poor and v ulnerable artisanal fishers 
should be exempt from the disciplines, except for IUU, regardless of where they are located. Artisanal 
fishing communities in most Members  require support to sustain themselves. Moreover, for many 
Members,  artisanal fishers enga ge in fishing activities beyond territorial waters. Special and 
Differential Treatment should cover the full range of commitments where it is required by developing 
and LDC  Members  to enable development and compliance. One example is to agree on differential 
treatment with respect to the demonstration burden under draft Article 5.1.1 to allow developing 
and LDC Members  to access the proposed generally available flexibility. There ar e many other 
examples, but as there is not enough time to go through them all I will conclude my statement here.  
4.56.   H.E. Mr. Ziyozoda Sulaymon Rizoi, Minister for Agriculture of Tajikistan , provided the following 
statement:  
4.57.   The Republic of Tajikistan is landl ocked. However, like many Central Asian countries, 
Tajikistan has rich inland water resources, such as rivers and lakes, suitable for the development of 
freshwater aquaculture. This provides us with the desire to participate in the discussion of the draft 
agreement on fisheries subsidies. Fish products are not a traditional food product in Tajikistan, but 
despite this, fish farming occupies a special place among our agricultural sectors. Our existing 
regulatory framework is aimed at developing the industry and increasing fish production in conditions 
of rational use and protection of fish resources.  
4.58.   According to statistical indicators, fish production has an upward trend. The volume of fish 
production over the past three years has increased by 42.5% and amou nted to 3,572 tons. At the 
same time, it should be emphasized that fish production within the country, taking into account the 
volume of imports, which is no more than 4,000 tons of fish, covers only about 7% of existing needs. 
According to official estima tes, this accounts for 0.25 kg of fish per capita per year, which is below 
the recommended food security level of 9 -11 kg.  
4.59.   Financial support from the state in the form of tax exemptions has had a positive impact on 
the development of the sector. Farms are exempted from paying six types of tax, as well as from 
paying customs duties and value added tax when importing technological equipment for the needs 
of fish farming. As a result, in recent years, production capacities have steadily increased, but the 
existing artisanal fishing capacities do not lead to their overproduction and overfishing. It should be 
noted that individual farms have a significant share in fish production of 62.3%. In Tajikistan, 363 
handicraft fish farms are engaged in the cultivation of  commercial fish.  
4.60.   Tajikistan is not a "fish country", but this area is one of the priority sectors that ensures the 
country's food security and improves the quality of nutrition. In Tajikistan, according to an FAO 
survey, people get more than 60% of their energy from starchy foods. The share of energy obtained 
from animal products remains low at 10%. The lack of nutrients obtained from fish and seafood is 
especially noted, the actual consumption of such products was only 1.3% of the total physiological 
requirement. And those insignificant amounts of subsidies through the provision of tax preferences 
that are invested in the sector are important for the industry and ensuring the country's food 
security.  
4.61.   The Republic of Tajikistan supports the principles of pr edictability, transparency and non -
discrimination on which the global trading system is based, and which will be applicable to the fishing 
industry. At the same time, we express interest in a more flexible system that ensures the application 
of special and  differential treatment in relation to a group of developing countr y Members , which 
allows them to continue subsidizing small fisheries in order to equalize their competitive conditions 
with other WTO Members. We also support measures to pr ohibit  and eradi cate IUU fishing.  
4.62.   H.E. Mr. T an Hung Seng, Permanent Representative to the WTO of Singapore , provided the 
following statement:  
4.63.   Let me begin by giving you short and sweet answers to the questions you have posed: (a) 
Yes, Singapore firmly affirms our commitme nt to conclude the fisheries subsidies negotiations as 
soon as possible. (b) Yes, we confirm that the latest version of the Chair 's consolidated negotiating 
text represents an excellent basis to advance negotiations and contains helpful elements to identif y 
possible landing zones. (c) And yes, we agree that the key component of special and differential 
treatment is for poor and vulnerable artisanal fishers in developing and LDC Members . Let me TN/C/M/41  
 
- 13 - 
 
  elaborate. First, it is Singapore 's view that the WTO must deliv er an outcome in the fisheries 
subsidies negotiations. This is crucial both from a sustainability point of view, particularly to support 
UN Sustainable Development Goal (SDG) 14.6, and to demonstrate that the WTO remains relevant 
and able to address 21st c entury challenges.  
4.64.   Second, I must commend the Chair, Ambassador Santiago Wills, for his tireless efforts to 
develop a text that contains effective disciplines to curb harmful subsidies, while also responding to 
concerns expressed by Members. This balance i s hard to strike but the text, which contains clear 
and streamlined provisions, achieves this, and we are the closest that we have ever been to 
achieving an outcome.  Third, the issue of special and differential treatment is a complicated one. 
But we have t o start somewhere. If we first address the most urgent aspect, which are flexibilities 
for artisanal fishers in developing countr y Members , we can then build momentum that can facilitate 
reaching agreement on the other disciplines around these provisions. Let me assure you that 
Singapore stands ready to contribute constructively towards an early conclusion of the negotiations 
in any way that we can.  
4.65.   H.E. Mr. Maxim Reshetnikov, Minister for Economic Development of the Russian Federation , 
provided the followi ng statement:  
4.66.   We see several potential landing zones in the draft text. But we should not interpret the term 
"potential landing zone " as an agreed -upon solution. On many issues we are still far apart. Let me 
highlight the most crucial gaps that we still ne ed to fill in. First, there are no safeguards against 
unjustified, biased or minor IUU determinations made by coastal states and RFMOs. Second, there 
is a presumption that certain subsidies are harmful always and under any circumstances. Third, 
sustainabil ity-based criteria should be at the centre  of the main prohibition, and not an exception. 
Fourth, high seas presumption should be limited to unregulated areas only, if any are required. Fifth, 
the issue of territoriality is systemically dangerous, and thus  should be dealt with very cautiously.  
4.67.   Finding quick solutions only for fish should not result in long -term havoc for the other 
multilateral trade agreements. We have heard the positions of other Members and tabled a textual 
proposal aimed at reaching con sensus.  Throughout the negotiating process Russia has shown 
constructive approach, limiting its interventions to the few matters of major importance to us. Our 
Ambassador is instructed accordingly. Our team will continue to seek creative solutions, but we 
cannot jump above our heads.  
4.68.   Now, on S&DT. We do agree that genuinely poor and vulnerable artisanal fishermen should 
be the core subject of flexibilities. We should, therefore, work on the language to resolve this issue 
and avoid the exclusion of signific ant volumes of harmful subsidies that may be granted to self -
defined "small -scale fisheries ". Otherwise, it could negate our joint efforts on the fish stocks 
preservation.  In these negotiations , Russia aims to ensure sustainability of fisheries resources a nd 
contributes towards achieving this goal. Unfortunately, under the guise of being green the slogans 
of sustainability are too often misused to cover anti -competitive actions. We hope that we all share 
the same aims and do not intend to promote opportunis tic trade or economic goals that have nothing 
to do with our mandate.  
4.69.   H.E. Mr. Tipu Munshi, Minister for Commerce of Bangladesh , provided the following 
statement:  
4.70.   Indeed, the damage is mostly caused by the large industrial fishing vessel, either fishing 
illegally or through unreasonably increasing their fishing capacity. Marine fish stock is under threat 
because of the irresponsible subsidization by the wealthy few. This agreement should make every 
attempt to stop those subsidies rather than unreasonably a ttempt to limit policy space for those who 
are not the cause of the problem, the common but differentiated responsibility should be our key 
guiding principle.  
4.71.   We need sufficient policy space to harness our blue economy.  This has been clear to our 
mandate, if we are to achieve something within the mandate, we need to have a prudent ambition, 
any attempt to expand or narrow down the mandate as it is in the draft,  would be difficult to achieve 
desired outcome. My delegation will show every flexibility necessary to achieve our mandate. In 
WTO, this is a unique agreement we are negotiating which does not directly related to trade or TN/C/ M/41 
 
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  investment, so, any rush may jeopa rdize our ultimate objective and our debt to marine fisheries 
may exacerbate further.   
4.72.   I strongly believe, 'affirmative action' is necessary to address the need of the low -income 
vulnerable fishing communities. This agreement should have special horizonta l provision allowing all 
governments to provide their much -needed support to ensure the livelihoods and access to marine 
fisheries to 'small scale fishers'.  
4.73.   This cannot be attempted to provide through special and differential treatment. Special and 
differential treatment, which is an integral part of this agreement, is to address the long -term 
development objective of the developing and the Least Developed Country Members, it is to address 
the legitimate policy space necessary to provide them, any attempt to misinterpret this noble and 
established tool would be unreasonable to achieve our mandate. I urge those who are opposing this 
notion to show necessary flexibility.  
4.74.   H.E. Mr. Ramon M. Lopez, Secretary for the Department of Trade and Industry of the 
Philip pines , provided the following statement:  
4.75.   The Philippines stands together with other Members who are committed to delivering an 
outcome in the fisheries subsidy negotiations ahead of MC12. This will only be possible if there is 
solid political will and diplomatic flexibility in the negotiations. I  expect Ambassador Teehankee, our 
Head of Delegation in Geneva, to negotiate and contribute to the flexibility that the negotiation 
acutely needs. Nevertheless, Secretary Dar and I trust that the negotiating pace will allow the 
Ambassador adequate time to consult with Capital.  
4.76.   H.E. Dr. William D. Dar, Secretary of the Department of Agriculture of the Philippines , 
provided the following statement:  
4.77.   I will now begin by addressing the first question. While we have plenty to say about the 
current draft text, all ow me to focus today on Article 11.4(b). Our position is that nothing must 
inhibit a duly constituted panel from hearing a case just because one party or both parties to the 
dispute have unresolved territorial claims or are engaged in issues of delimitatio n of maritime 
boundaries or zones.  To this end, the suggestion by some members to establish presumption of 
jurisdiction by a coastal state under paragraph (a) of the fourth proposal in the Chair 's Compiled 
Textual Suggestions of 22 June 2021 is in the righ t direction. We would suggest, however, that the 
phrase "in accordance with the relevant rules of International Law " be added at the end of the 
suggested paragraph (a).  
4.78.   Alternatively, given the known positions of Members on Article 11.4.b, consider having  a 
tailor-fitted exemption from this provision for a very limited number of Members. Issues of territorial 
claims or delimitation of maritime boundaries or zones are of the highest concern for the Philippines 
and in this regard ministerial imprimatur, is i ndispensable to conclude the negotiation.  On the second 
question, we agree that special and differential treatment is for poor and vulnerable artisanal fishers 
in developing country and LDC Members, provided that the flexibility is limited to "fishing rela ted 
activities up to 12 nautical miles" and does not create permanent exemption from effective 
disciplines to address over -capacity and overfishing.  
4.79.   H.E. Ms. Myung -hee Yoo, Minister for Trade of the Republic of Korea , provided the following 
statement:  
4.80.   The WTO has plenty of items on its agenda, but we would all agree that fisheries subsidies 
are one of the top items on the list. We need to conclude negotiations before MC12 to prove the 
WTO can still effectively function as a negotiating forum for trade rules . This will also display the 
WTO's readiness to address the most pressing issues of our global community.  
4.81.   In this regard, Korea believes the current draft text can serve as a solid basis for the 
negotiations. This text seems to contain most of the basic e lements necessary to bridge the long -
standing differences among Members. For instance, one of the most challenging issues was how to 
define the subsidies that actually contribute to overcapacity and overfishing. The current draft text 's 
hybrid approach can  be a realistic solution to resolve the Members ' varying perspectives on this 
matter. Meanwhile, the text also keeps the door open for discussions on other important issues, TN/C/M/41  
 
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  including whether the Agreement should be applied to the fuel -tax relief schemes o f Members. Korea 
looks forward to having further talks on these items as well.  
4.82.   With regard to special and differential treatment, Korea acknowledges the need of S&DT to 
support the vulnerable fishing communities of developing and LDC Members . We need to a gree upon 
appropriate and effective S&DT provisions that reflect the economic realities of developing and LDC 
Members  without undermining the key values of our negotiations. We especially should stand ready 
to offer sufficient technical assistance to devel oping and LDC Members  that encounter difficulties in 
implementing the Agreement. Meanwhile, in the case of S&DTs that allow exceptions to certain 
obligations, we should take care to grant such exceptions only to the extent that they do not 
compromise our s hared goal of sustainable fish resources.  
4.83.   Concluding the fisheries subsidies negotiations has been an elusive goal for the last 20 years. 
However, I am hopeful the time has finally come for us to take this significant step forward for our 
multilateral tra ding system, and also for sustainable development. At this upcoming MC12, I hope 
we Ministers would all get together, face -to-face, and share our accomplishment with the world.  
4.84.   H.E. Mr. Taras Kachka, Deputy Minister for Economy – Trade Representative of Uk raine, 
provided the following statement:  
4.85.   We need the success of the negotiations on this particular agreement. Ukraine is committed 
to do everything in order to achieve meaningful result until the Twelfth  Ministerial Conference. The 
success of the negotiat ions is important in wider context of increasing sustainability goals influencing 
trade and we see that more and more initiatives on sustainability are actually touching on trade and 
influencing trade universe. In order to save international trade universe  and freedom of commerce 
and provide that commerce helps to implement Sustainable Development Goals we need to ensure 
our ability, ability of our organization to deliver on trade issues that may impact sustainability of our 
planet.  
4.86.   I think we need to remem ber that the next big thing is climate policy. The WTO needs to be 
an exclusive fora for dealing with any trade aspects, not only fishery but also climate policy in 
general. For this reason, we need to present to the world the ability to build consensus an d ability 
to find rules applicable to these issues. The agreement as well will help to build upon the existing 
legal architecture of other instruments of international law. It might be a good guiding element for 
longer strategy of WTO development. That is why it is important to conclude the negotiations on 
fisheries subsidies this year.  
4.87.   The second question is important as well. Ukraine adheres to the principle that special and 
differential treatment is essential element of WTO legal corpus in general. Thus,  agreement on 
fisheries subsidies should as well provide this treatment to developing nations and LDCs. What is 
important however is clear definition of developing country. For Ukraine - the state that went the 
transition from planned economy to market eco nomy - the issue of taxonomy is particularly 
important. In different circumstances, it might be treated as developed country despite the fact that 
other nations treated as developing ones are wealthier or have better position in particular market. 
Thus, we  encourage finding systemic decision for criteria to be applied for S&DT.  
4.88.   Generally, the issue of fisheries subsidies is extremely important globally and the ability to 
conclude this agreement during Twelfth  Ministerial Conference will be an important sign  to global 
community that WTO can deliver on critical issues on current climate sustainability agenda. I hope 
we reach success this year.  
4.89.   H.E. Mr. Valdis Dombrovskis, Executive Vice -President and Commissioner for Trade of the 
European Union , provided the f ollowing statement:  
4.90.   On your first question, the EU is fully committed to reaching an agreement as soon as possible 
before MC12. We agree that safeguarding global fisheries resources is a shared responsibility. And 
we share the view that this multilateral a greement is the right way to address the issue of harmful 
subsidies. We see the text as a genuine attempt to find a balance in light of the divergent positions. 
The EU believes that the current text can be the basis for an agreement. It contains many eleme nts 
for landing zones.  Some improvements are needed, however. For instance, recognising the role of 
fisheries management measures in rebuilding overfished stocks is important, because fisheries TN/C/ M/41 
 
- 16 - 
 
  management works. Furthermore, access agreements that are base d on sustainability and 
transparency should not be prohibited. Fuel is also an issue that affects many WTO Members and 
the text still requires further work in this respect.  
4.91.   On your second question, this agreement will certainly need to include special and differential 
treatment. We see three relevant elements: First, it must be based on actual needs for flexibility in 
terms of how to implement a multilateral agreement. Over time, the same rules should apply to all. 
Second, the negotiated outcome must provid e clarity on which country and which type of fishing can 
benefit from flexibility. This list should be set out in black and white as part of the agreement. Third, 
we agree that vulnerable fishers in developing and LDC Members  could benefit from some type o f 
flexibility. But this cannot mean a blanket carve -out. Avoiding this is difficult, since we do not have 
a workable and widely accepted definition of artisanal or livelihood fishing. Therefore, we want to 
underline that the geographical scope of any flexi bilities for livelihood fishing cannot go beyond 
territorial waters or 12 nautical miles. In addition, we consider that making an exception of this 
nature permanent, as opposed to transitional, risks undermining the future of both fish stocks and 
coastal c ommunities.  
4.92.   In closing, let me reiterate that in the negotiations, we need to focus on what matters – 
namely, eliminating harmful subsidies. This includes all subsidies to illegal, unregulated and 
unreported fishing, as well as subsidies that contribute to  overcapacity and overfishing. The EU is 
ready. And all WTO Members need to contribute – I think we all agree on this. Time is not on our 
side, so we need to intensify our discussions from here on, in the run up to MC12.  
4.93.   H.E. Mr. Markus Schlagenhof, Delega te of the Federal Council for Trade Agreements and Head 
of the World Trade Division, State Secretariat for Economic Affairs of Switzerland , provided the 
following statement:  
4.94.   Switzerland considers that concluding the negotiations is of utmost importance, bo th from a 
sustainability perspective in line with our mandate contained in SDG 14.6 and for the relevance of 
the WTO by demonstrating its capacity to address 21st century challenges. From Switzerland 's 
perspective, we consider that the main elements requir ed to build landing zones are contained in 
the Chair 's draft text. The basic building blocks are there, but more constructive engagement is 
needed on outstanding issues.  We encourage Members to work closely with each other to establish 
where common ground  could be found and included in a further revision of the Chair 's text. 
4.95.   As regards your second question, artisanal fishing is clearly a major concern for many 
Members. These are often the most isolated and vulnerable fishing communities, and policymakers 
have few options to support them. As such, we can agree that flexibility for artisanal fishing should 
be the main component of the special and differential treatment provided for developing and least 
developed country Members.  However, if we really want to support artisanal fishers, other parts of 
the solution matter as well. One of the main challenges faced by many artisanal fishers is competition 
from larger vessels. It is therefore important to elaborate efficient disciplines on harmful subsidies 
to large r fleets. Robust transparency and notification obligations, applicable also to artisanal fleets, 
are equally important and due policy attention should be given to them.  
4.96.   The new obligations arising from this agreement could be a real challenge for a number of 
resource -constrained Members. Assisting them through instruments targeted at the implementation 
of the commitments made – whether through the trust fund mentioned in Article 7 or through other 
relevant instruments, could help achieve the desired objectives. We will evaluate the support we can 
bring to this effort.  It goes without saying that our delegation will contribute constructively towards 
an early conclusion of t he negotiations.  
4.97.   So, to recap, our answers to your questions are "yes" and "yes". We remain confident that , 
with your leadership , we can make the last step to achieve the first multilateral trade agreement to 
address sustainability concerns in a direct ma nner.  Finally, let me recall that goodwill, flexibility and 
concessions from a number of Members are prerequisites to the successful conclusion of an 
ambitious agreement in line with our UN mandate at MC12, if not before. Along the negotiation 
process, Members should not forget the beneficial impact such an agreement would have on future 
generations. Preserving marine resources is certainly a matter of concern to all of us, shared by the 
global community.  TN/C/M/41  
 
- 17 - 
 
  4.98.   H.E. Mrs. Peseta Noumea Simi, Head of Delegation of Samoa , provided the following 
statement:  
4.99.   At the outset, we align with the statements of the Pacific and ACP Groups. The Pacific peoples 
are stewards of the world 's largest oceanic continent – the Pacific Ocean. It is the lifeblood of our 
economies and soc ieties. In response to your first question, Samoa reaffirms its commitment to 
conclude this negotiation and if possible, ahead of the Twelfth Ministerial Conference. However, we 
must ensure that we conclude a balanced Agreement.  Despite our non -residency i n Geneva, we 
commit to contribute to the flexibility needed to conclude the negotiations including remotely, and 
with the support of the Pacific Islands Forum Office in Geneva. We welcome the positive changes in 
the 30 June revised Chair 's text but note th at the contentious issue relating to the hybrid approach 
remains. In order for Samoa to consider the text as basis to conclude the Agreement, this imbalance 
must be addressed with the following suggestions.  
4.100.   First, Samoa is of the view that a mechanism to r educe subsidies must be ingrained in the 
fisheries subsidies agreement for the sustainability of global fish stocks. Furthermore, meaningful 
Special and Differential Treatment for developing and LDC Members  must match the hybrid 
approach. Second, there mus t be assurance in this Agreement that fisheries management measures 
cannot be scrutinised or challenged in the WTO. This includes exemption on important fisheries 
management tools such as pricing of fishing access through allocation of licences, fishing ri ghts or 
quotas. Third, Transparency will be an important element of the final agreement. Our biggest 
concern with the current provisions is that there is no proportionality.  
4.101.   The catch data by species is a reasonable ask for a large commercial fishery espec ially if it 
is providing a $50 million subsidy. It is not a reasonable request for an artisanal or subsistence 
fishery, as is the case in the Pacific. We have communities that are scattered across vast spans of 
the oceans whose livelihoods and health depen d on the sea. It is not practical to ask a small 
administration to provide for every fishery it manages. Samoa would like to emphasize that the text 
must not be overly focused on reporting on fisheries management issues, which is not the mandate 
of WTO. Fu rthermore, Transparency must be applied proportionately and exclude small -scale 
artisanal fishing which are not the main cause of overfishing.  
4.102.   In response to your second question, Samoa reiterates that the outcomes on the fisheries 
subsidies negotiations m ust respect the SDG 14.6 and WTO Ministerial mandate, to prohibit harmful 
fisheries subsidies and provide Special and Differential Treatment for Developing  and LDC Members . 
We are encouraged that artisanal fishing is recognised as a key component of Specia l and Differential 
Treatment. However, we seek an expansion of this recognition to cover small -scale fishing. In 
addition, Samoa has little fishing capacity, requiring policy space to allow us to develop our fishing 
sector. As such, Special and Differentia l Treatment cannot be limited to artisanal fishing and should 
include small scale fishing; and the exemption for small fishing nations based on a threshold of 
volume of catch. We are willing to negotiate this threshold to an acceptable level.  
4.103.   And finally, while we support the principle of transparency, different levels of development 
of Member s must be taken into account. Transparency obligations should not be onerous for small 
Members and for small scale fishing sector and should not be a condition for inv oking S&DT.  
4.104.   H.E. Mr. Zayed R. Alzayani, Minister for Industry, Commerce and Tourism of the Kingdom of 
Bahrain , provided the following statement:  
4.105.   The Government of the Kingdom of Bahrain highly values the effectiveness of an open and 
rules-based multilatera l trading system in contributing to global economic development and 
prosperity. As such, the Kingdom of Bahrain remains a staunch supporter of the WTO and will do its 
utmost to support you in your mandate. I wish you every success and look forward to worki ng closely 
with you and continuing our strong collaboration with the WTO.  
4.106.   The Kingdom of Bahrain highly values the importance of safeguarding the world's fisheries 
resources and, in turn, the livelihoods of the world 's fishing communities. In this regard, the Kingdom 
of Bahrain prides itself on having undertaken various initiatives through the introduction of multiple 
decisions under the Decree Law Number 20 of 2002 regarding the regulation of fishing, exploitation 
and protection of marine wealth, which aim  to preserve marine wealth and fish stocks, whilst also 
combatting overfishing.  TN/C/ M/41 
 
- 18 - 
 
  4.107.   Furthermore, in order to reduce the potential adverse impact of fishing on the marine 
environment, the Kingdom of Bahrain introduced a number of marine and terrestrial sites to  establish 
fish farming projects and encourage private sector investment. As such, the Kingdom of Bahrain 
renews its commitment to the success of these negotiations and the continued strength of this 
Organization.  
4.108.   In response to the questions provided by t he WTO Secretariat, allow me to begin by 
reaffirming the Kingdom of Bahrain 's unwavering commitment and firm support for a successful 
conclusion of the fisheries subsidies negotiations by the end of this year. As always, the Kingdom of 
Bahrain commits to i ts engagement in the negotiations with a spirit of good will, a flexible approach, 
and an attitude of openness. In this regard, the Kingdom of Bahrain would like to take this 
opportunity to express and highlight its main priorities with respect to the prop osed text on fisheries 
subsidies, for the consideration of the Committee.  
4.109.   Firstly, in terms of scope, our delegation reiterates its position with regards to its request 
for the horizontal exclusion of artisanal and small -scale fishing without geographical  limits for all 
Members. Furthermore, the Kingdom of Bahrain submits for the deletion of paragraph 1.2 under 
Article 1, pertaining to the scope of the proposed text, as the potential insertion of such a paragraph 
adds a critical element of a horizontal nat ure which would have systemic implications in the dispute 
settlement process that goes beyond fisheries subsidies in the subject matter of the negotiations.  
4.110.   Second, with regards to the important and indispensable pillar of special and differential 
treatmen t, which forms an integral part of the negotiations, and in response to the second question 
posed by the WTO Secretariat, the Kingdom of Bahrain renews its position with respect to ensuring 
such special and differential treatment for the benefit of develop ing and least developing country 
Members, with a particular emphasis on opposing the narrowing down of such treatment to certain 
types of fishing, or to exemption periods, geographical limitations, or technical assistance only.  
4.111.   I take this opportunity to r enew our delegation 's commitment and readiness to engage with 
our fellow WTO Members in order to ensure a successful and equitable outcome on the topic of 
fisheries subsidies by the end of this year. Before I conclude, allow me once again to express our 
gratitude to yourself and the WTO Secretariat for your continued support and assistance throughout 
this process, and to H.E. Ambassador Santiago Wills for his able guidance in chairing the fisheries 
subsidies negotiations.  
4.112.   H.E. Mr. Alan Ganoo, Minister for L and Transport and Light Rail and for Foreign Affairs, 
Regional Integration and International Trade of Mauritius , also speaking on behalf of the African  
Group , provided the following statement:  
4.113.   The African Group has always shown flexibility during these neg otiations.  We remain 
constructively engaged in the process to find a balanced outcome that: through the prohibition of 
harmful subsidies will eliminate IUU fishing, and overcapacity and overfishing; protect the vulnerable 
artisanal and subsistence fishers;  and grant African countries the necessary latitude to develop their 
fisheries sector and reap the benefits of the ocean economy. Moreover, SDG 14.6 should be central 
to any final outcome. In view of the irreversible damage caused by harmful subsidies, the  status -
quo is not an option!  We owe it to ourselves and to future generations to conclude a meaningful 
agreement that fulfils  the MC11 mandate as soon as possible.  
4.114.   While acknowledging progress made in recent times, we note that significant gaps on core 
issues of interest to the African Group remain.  We welcome the removal of time limits on S&DT  for 
artisanal and subsistence fishing.  We also commend you, Director -General, for the new technical 
assistance provision relating to the setting up of a voluntary funding mechanism.  This is, however, 
inadequate for a balanced text.  
4.115.   The African Group has always highlighted the essential contribution of artisanal fishing to 
food security and livelihoods, especially in coastal communities.  Given the relianc e on fishing for 
these vulnerable groups, their exclusion from the scope of the agreement is essential.  In Africa, 
these fishers represent less than 1% of global fisheries subsidies and if this agreement is about 
subsidies, support targeted at this catego ry of fishers is clearly not significant.  Our focus in these 
negotiations should be on subsidies provided to large scale industrial fishing.  TN/C/M/41  
 
- 19 - 
 
  4.116.   Turning to S &DT which is a core component of WTO agreements, African countries need 
policy space to develop their fisheries.  With a mere 2.44% of the global fisheries subsidies, our 
countries should not be made to bear the brunt of the disciplines, as we do not contribute in any 
significant manner to harmful subsidies.  S&DT must be effective to enable us to leverage our 
resources for economic development, it cannot be time limited or confined to artisanal and 
subsistence fisheries, and limited to technical assistance or capacity building.  For the agreement to 
achieve the requisite balance, it must be premised on the principle of common but differentiated 
responsibility.  
4.117.   It is appropriate to recall that the purpose of the agreement is to prohibit the most harmful 
subsidies.  Article 5.1 provides a non -exhaustive list in this regard.  However, through the "hybrid 
approa ch" under Article 5.1.1, rather than reinforcing the prohibition, the agreement provides a 
conduit for maintaining subsidies as there is no obligation of results.  In its current form, the 
agreement would legitimize the practice of granting harmful subsidi es rather than contributing to 
the sustainability objectives.  We need to see the requisite changes in Article 5.1.1 that address our 
concerns and support the mandate. We further remain unconvinced that providing capacity 
enhancing subsidies for fishing an d fishing related activities in an overfished stock can be beneficial 
or indeed, promote the sustainability of the stock.  This approach is clearly in conflict with our 
mandate.  
4.118.   The African Group re -affirms the view that a fisheries subsidies agreement sho uld not alter 
the sovereign rights of members covered by existing international agreements.  For instance, the 
primacy of coastal states in IUU determination remains critical for us.  Furthermore, the agreement 
should ensure that determinations made, indee d lead to a prohibition of subsidies.  Leaving 
discretionary power to the subsidizing members would render any agreement ineffective. We note 
that provisions have been included to ensure that territorial claims and delimitation of maritime 
boundaries are n ot addressed by the WTO.  Indeed, the WTO is neither the right forum nor does it 
have the competence to deal with such issues.  We believe that the language needs to be tightened 
to guarantee no interference in sovereignty matters.  
4.119.   To conclude, let me high light that the conclusion of this agreement necessitates flexibility 
from all sides but more particularly from those who contribute to overfishing and overcapacity 
through harmful subsidies.  The negotiations should not seek to bring the management program mes 
of members under WTO scrutiny. I once again express the commitment of the African Group to the 
negotiations and to concluding a balanced and meaningful outcome that contributes to the 
attainment of SDG 14.6 and that meets our developmental objectives.  
4.120.   Mr. John C.C. Deng, Trade Representative of the Separate Customs Territory of Taiwan, 
Penghu, Kinmen, and Matsu , provided the following statement:  
4.121.   We agree that fish stocks are our common patrimony. As a committed member of the 
international community, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu has 
actively participated in international fisheries organizations to ensure their sustainability. We have 
also strengthened our efforts to combat IUU fishing, by enhancing our fisheries management and 
by signing 21 cooperation arrangements. We recognize that reaching an agreement on fisheries 
subsidies ahead of MC12 is of the highest pr iority. We consider that the Chair Text provides a solid 
basis for further negotiations.  
4.122.   The Preamble to the WTO Agreement explicitly lays out the objective of sustainable 
development and the need to protect and preserve the environment. We agree wholehear tedly that 
sustainability should serve as the fundamental principle guiding the fisheries subsidies negotiations, 
and that issues of overfished stock, overfishing, and overcapacity should be discussed with this 
overarching goal in mind. While sustainabilit y is our common goal, we also note that as policymakers 
we should strive to strike a balance between conservation and the protection of vulnerable 
communities. We understand that each Member has its own vulnerable fishing communities, whose 
well-being must  also be taken into account. And since IUU fishing is most detrimental to fisheries 
sustainability, we urge to remove such subsidies completely.  
4.123.   Finally, allow me to make a few comments on transparency. We recognize that notification 
facilitates transpare ncy. Currently, the Chair Text contains many new notification elements. We 
believe that these new notification rules should take into account the complexity of the Members' TN/C/ M/41 
 
- 20 - 
 
  domestic subsidy regimes and allow for flexibility in the implementation. Furthermo re, consistent 
with SCM notification principles, the notifications themselves should not prejudge its legal status and 
effects under the WTO Agreements or the nature of the measure itself. We trust that these 
considerations would not undermine the Chair Te xt's level of ambition, but greatly ease the concerns 
of many Members. I have authorized my Head of Delegation to make the greatest efforts to work 
with other Members to successfully conclude the negotiation.  
4.124.   Mr. Edward Yau, Secretary for Commerce and Econ omic Development of Hong Kong, China , 
provided the following statement:  
4.125.   The rise of protectionism in recent years, coupled with a growing resistance to globali zation, 
has undermined the trust and credibility of the rules -based multilateral trading system, with the 
WTO at its core.  Hong Kong, China (HKC) fully supports the Director -General's call for an early 
conclusion of this marathon negotiations in order to demonstrate the commitment across the 
membership towards this institution and the rules -based mul tilateral trading system.  
4.126.   The latest draft consolidated text could not be achieved without the constructive spirit 
embraced by Members.  It also provides a solid basis for further negotiations with a view to reaching 
a consensus. That said, we note that M embers ' positions on some of the fundamental issues remain 
divided, and that certain proposals catering for individual Members ' unique circumstances may not 
have been fully reflected. Insofar as HKC is concerned, we believe further work is required to deve lop 
creative solutions to address our unique circumstances relating to the issues of flying of flags by 
fishing vessels and legitimate fishing activities conducted in waters beyond our jurisdiction. We also 
have systemic concerns about the inclusion of non -specific subsidies in the scope.  
4.127.   As regards special and differential treatment, HKC acknowledges the special concerns of 
developing country Members and least -developed country Members over the necessity to support 
"poor and vulnerable artisanal fishers ". We support a pragmatic approach that would allow these 
Members to contribute to the fullest extent of their capabilities and to develop their fisheries sector 
in a sustainable manner. We look forward to constructive engagement with all Members on proposals  
that could resolve these differences, be it a component for S&DT or, as some Members have 
suggested, a basis for exclusion from the disciplines.   
4.128.   For HKC, notwithstanding our developing status, we are not using any S&DT in existing WTO 
agreements, and we  always strive for high -level commitments in the WTO commensurate with our 
capability. Conclusion of the long overdue fisheries subsidies negotiations is clearly an important 
deliverable of MC12. As always, HKC will continue to fully commit to the negotiat ions and contribute 
constructively in the process.  Our Permanent Representative will continue to have my full support 
in this regard.  
4.129.   H.E. Mr. Otunba Richard Adeniyi Adebayo, CON, Honourable Minister for Industry, Trade and 
Investment of Nigeria , provide d the following statement:  
4.130.   I have no doubt that, with intensified engagement from now on, Members would be able to 
make the progress that is required to achieve a successful outcome by MC12. Notwithstanding the 
fact that we have already missed the 2020 de adline, I wish to assure you of Nigeria 's support and 
commitment to proactively engage with all Members towards achieving a balanced outcome in line 
with our mandate, "to conclude an agreement to prohibit certain forms of fisheries subsidies that 
contribut e to overcapacity and overfishing, and eliminate subsidies that contribute to IUU fishing, 
and refrain from introducing new such subsidies, recognising that appropriate and effective special 
and differential treatment for developing and least developed cou ntry Members  should be an integral 
part of the WTO fisheries subsidies negotiation ". 
4.131.   On that note, let me now directly respond to the two questions that you, Director -General, 
and the Chair of the Negotiating Group on Rules have posed to us. On question on e, Nigeria believes 
that the progress that we have made so far, as contained in the revised Draft Consolidated Text of 
30th June 2021, provides a good basis that could take us to a successful conclusion; and we are 
happy to work on that basis while ensurin g that the mandate of the negotiation is substantively 
achieved in a balanced manner.  TN/C/M/41  
 
- 21 - 
 
  4.132.   On the second question, Nigeria believes that small scale and artisanal fishers should be 
exempted from the scope of the fisheries subsidies disciplines.  We are also ha ppy to negotiate on 
appropriate special and differential treatment provisions for developing and LDC  Members . Finally, 
let me assure you, Director -General, that in view of the technicalities involved in the fisheries 
subsidies negotiations, as well as the urgency to expeditiously make progress, Nigeria 's participation 
would, from now on, also involve engagement by Senior Officials from my Ministry and the Federal 
Ministry of Agriculture and Rural Development.  
4.133.   H.E. Dr. Rashidi Said, Permanent Representative to the WTO of Malaysia , provided the 
following statement:  
4.134.   Given the current uncertainties and challenges facing the world, the need to ensure that 
food is readily available has become a paramount concern globally. In Malaysia, fish and fisheries 
products a re the leading sources of protein for the population. Thus, Malaysia places paramount 
importance to this sector by ensuring that fisheries resources are harvested in a rational manner to 
ensure their sustainability. Furthermore, Malaysia remains committed to achieve an outcome in the 
fisheries subsidies negotiations in line with the mandate that has been agreed upon during the 
Buenos Aires Ministerial Conference in 2017.  
4.135.   That said, Malaysia is of the view that there remains a significant difference in the l anding 
zone of Members ' ambitions for the Agreement. While Malaysia is committed to conclude the 
negotiations as soon as possible, we are uncertain that the current consolidated draft text addresses 
some of Malaysia 's pertinent concerns. To begin with, we are deeply concerned with the direction of 
the current draft text, particularly on the inclusion of non -specific subsidies within the meaning of 
Article 2 of the SCM Agreement in Article 1.2 of the draft text. We are of the firm opinion that the 
discipline s on fisheries subsidies should address only specific fisheries subsidies. Likewise, we are 
doubtful whether the current text on overcapacity and overfishing (OCOF) could resolve the issue of 
overfishing and overcapacity without depriving the rights of dev eloping and least developing country 
(LDC) Members to develop their fisheries sector in order to utilize unexploited fisheries resources. 
On the other hand, the text seems to accord immense flexibilities to Members with more advanced 
technologies and abund ant economic resources. Additionally, the current formulation of special and 
differential treatment (S&DT) provisions does not address the needs of developing and LDC 
Members, and we are specifically concerned with the short transitional period as proposed  in the 
text. We are also concerned with the insertion of the term "operator " that has no proper definition 
under any fisheries related international treaties. We do not want history to repeat itself when the 
terms "artisanal fishing and small -scale fisher ies" caused a deadlock to the negotiations.  
4.136.   On the issue of S&DT, it is evident that development is central to this organization . Over 
three quarters of WTO members are developing Members  and Members  in transition to market 
economies. The provisions of the  GATT allow for special assistance and trade concessions for 
developing and LDC Members . Therefore, Malaysia holds the view that it would be premature to 
conclude that S&DT in the context of the fisheries subsidies negotiations is confined to poor and 
vulnerable artisanal fishers in developing country and LDC Members. Instead, it should also provide 
flexibilities to Members that have yet to develop their fisheries sector, to develop it in line with their 
food security policies or modernization of fisher com munity.  
4.137.   In this regard, the aim to conclude the negotiations ahead of MC12 seems unrealistic. While 
we work steadfastly to conclude the negotiations, the importance of positioning fisheries in the 
context of food security and national economy for many Mem bers cannot be overstressed. For this 
reason, we hold the view that the outcome of this negotiations must reflect the WTO principles of 
non-discriminatory trade, predictability and transparency, fair competition, and encouraging 
development and economic re form.  Having said that, Malaysia reaffirms our commitment to work 
towards concluding the negotiations to be adopted by the next Ministerial Conference as per the 
mandate. We remain ready to fully participate in the negotiations including to accord the necessary 
flexibilities to our Head of Delegation in Geneva with further guidance from Capital as and when 
required.  TN/C/ M/41 
 
- 22 - 
 
  4.138.   H.E. Mr. Jens Frolich Holte, State Secretary for the Ministry of Foreign Affairs of Norway , 
provided the following statement:  
4.139.   On your quest ions: yes, Norway can confirm our intention to conclude the fisheries subsidies 
negotiations this year, and we agree that the landing zones are covered by the draft text. We have 
been flexible throughout the negotiations and will continue to be so. We will  actively and as creatively 
as possible participate to find text that leads us to consensus. On your second question, we can say 
yes, we have no problem in agreeing that the key component of special and differential treatment 
is for poor and vulnerable fis hers in developing country Members and LDC Members. We have also 
no problem in recognizing and supporting that many developing country Members have development 
objectives to increase their capacity to fish. In this respective Norway through our Fish for 
Development Program works with partners to increase capacity.  
4.140.   I wish to take this opportunity to underline some fundamentals needed in the subsidies 
disciplines so that we achieve our sustainable development goal. The largest fisheries nations have 
the large st impact on our global fisheries resources. Many of them are also large subsidizers. They 
must therefore be the first to take on the strictest commitments to fish and subsidize sustainably. I 
count Norway among the largest and we have for many years worke d to reduce and eliminate 
subsidies. Taking into consideration that approximately 80% of marine fish production is captured 
within the Exclusive Economic Zones, we cannot cut out large parts of the oceans, namely the EEZs, 
from the disciplines. I would als o like to emphasize that transparency is important and that all 
members need to notify their fisheries subsidies. Transparency is in itself a tool that will help to 
curtail harmful subsidies.  
4.141.   To conclude, we fully recognize that implementation of discipli nes can be challenging for 
many Members. With the disciplines in hand, we will work with all partners, including FAO, the World 
Bank and UNEP, to ensure that fisheries programs also take into consideration members ' WTO 
commitments.  
4.142.   The representative of Egypt, speaking on behalf of H.E. Mr s. Nevin Gamea , Minister for Trade 
and Industry of Egypt , provided the following statement:  
4.143.   We associate ourselves with the statement delivered by H.E the Minister for Foreign Affairs, 
Regional Integration and Internationa l Trade of Mauritius in his capacity as the coordinator of the 
African Group.  I hope that our exchanges today would provide our delegations with a clear roadmap 
for the work that remains to be done to ensure the successful conclusion of our overdue Agreeme nt 
on Fisheries Subsidies.  Addressing the questions circulated to guide our discussions today, Egypt 
reiterates its full commitment to constructively work with all members in a spirit of flexibility and 
compromise to reach a meaningful and balanced outcome  on Fisheries Subsidies as soon as possible 
ahead of the twelfth WTO Ministerial Conference.  
4.144.   While Egypt  notes some positive changes in the latest version  of the draft consolidated text 
circulated by the Chair of the Negotiating Group on Rules in June, we are of the view that some of 
the basic elements of the landing zones necessary to reach a conclusion can benefit from deep 
discussions and further flexibi lities from the membership.  Among such elements are the provisions 
relating to Special and Differential Treatment (S &DT). I would like to stress that for Egypt 
appropriate and effective S &DT is an instrumental element to bring us to an agreement. It is our  
view that the proposed provisions shall not be discussed in isolation from the overarching objectives 
of the Sustainable Development Goals aiming at environment sustainability in parallel to achieving 
sustainable economic development, food security and ra ising living standards.  
4.145.   This takes us to the second question which we believe confines Special and Differential 
Treatment to the protection of artisanal fisheries in developing and LDC Members . In this respect, 
Egypt has always been a strong advocate for t he exemption of subsidies to the Artisanal and Small -
Scale Fishing from any disciplines, for its no or minimal impact on fish stocks’ sustainability on one 
hand, and its direct bearing on food security, employment and economic development on the other 
hand. Nonetheless, Egypt  views that such limitation narrows down the scope of Special and 
Differential Treatment that is instructed by our heads of states in SDG 14.6 to be "appropriate and 
effective ", which in our understanding shall translate into real flexi bilities enabling Members  to 
develop their fisheries sectors.  TN/C/M/41  
 
- 23 - 
 
  4.146.   Egypt  support s a non -time-bound exemption of Artisanal and Small -Scale fishing activities 
from any disciplines, while continuing our discussions on appropriate and effective Special and 
Differen tial Treatment to developing and LDC Members , giving due consideration to their capacity 
constraints and the need not to overburden them with burdensome transparency requirements.  To 
conclude, Egypt reiterates its commitment to work towards the conclusion of a balanced and 
meaningful outcome that contributes to achieving SDG 14.6, meets our development goals and 
avoids any systemic imbalances that might undermine the ultimate goal  we are seeking that is 
prohibiting most harmful subsidies.  
4.147.   H.E. Dr. Thani bin Ahmed Al Zeyoudi, Minister of State for Foreign Trade of the United Arab 
Emirates , provided the following statement:  
4.148.   As you know, the UAE is considered as a major trade hub in t he region,  owing to our strategic 
geographic location  and world -class logistics infrastructure. We believe that the protection of local 
resources, including the fisheries industry, along with infrastructure are key enabler of the UAE 's 
economic growth and development, and is critical to the facilitation of international trade. The UAE 
is also committed to realize the 2030 Sustainable Development Agenda, especially SDG14, as well 
as the Ministerial Decision at the upcoming Twelfth  WTO Ministerial Conference (MC12) to prohibit 
illegal, unreported and unregulated fishing. We are also of the belief that urgent actions are needed 
to address and resolve overcapacity or overfishing.  
4.149.   The UAE has never hesitated, so far, to join consensus in practically all previous  discussions, 
this stems from our firm belief that a negotiation process should be inclusive, transparent, equitable, 
balanced and to the best interest of all parties, in particular developing and LDC  Members . Because 
of the time constraint, I will not go through all our concerns, but careful attention should be clearly 
given to Special and Differential Treatment, small scale/livelihood fishing, targeted capacity building 
and technical assistance, clear and agreed disciplines and principles to be covered by  the Dispute 
Settlement Mechanism, among other things. We all need to preserve and strengthen our multilateral 
trading system, and in particular, the long -awaited reform of the WTO Rules that will govern the 
new era of trade, especially following the pande mic. 2021 should represent a new beginning for us 
and our coming out from a tough year with strong determination and optimism to find solutions no 
matter how difficult the challenge may seem.  
4.150.   With regard to the commitment to conclude the fisheries subsidie s negotiations, rest assured 
that the UAE shares the strong sense of optimism that we will conclude the negotiations by the 
upcoming Ministerial Conference MC12. Having said that, and welcoming the changes introduced to 
the revised balance text, there are few areas that need to be reconsidered:  Article 1.2 related to the 
fuel subsidies, we would propose the deletion of that paragraph, as it does not affect the standing 
text in its structure and substance.  In Article 3, we have to be fair for the operator (t he owner of 
the vessel), 3.1 and 3.2 needs to either clarify the matter or just replace it with the vessel.  In Article 
8, related to the notification process. We very much understand that it is part of the transparency 
process but there is a long-detailed  list of elements to be notified which would form a huge burden 
on Members . We need to review those elements of the notification to make sure that all member 
states will be able to notify once the agreement entered into force.  
4.151.   We also would prefer, stemming  from institutional and substantive reasons, that any 
agreement we arrive at, should be annexed to the existing Subsidies and Countervailing Measures 
Agreement. To this end, and in response to your request, I am prepared to fully authorize our 
delegation i n Geneva to contribute to the flexibility needed to conclude the negotiations and we are 
coordinating and exchanging views on a regular basis.  The UAE is committed to conclude the 
fisheries subsidies negotiations and we confirm the basic element of the lan ding zones necessary to 
reach a conclusion are contained within the current draft revised text . I would like to assure you of 
our availability and readiness to work closely and constructively, and we look forward to reaching a 
broad consensus and a satisfa ctory outcome by the upcoming Ministerial Conference.  
4.152.   H.E. Mr. Omar Hameed, Joint Secretary WTO Wing for the Ministry of Commerce of Pakistan , 
provided the following statement:  
4.153.   It is our government 's stated objective to lead Pakistan on a path of sustainab le development 
by combating global climate change and ushering green technologies. I, therefore, assure members 
of our commitment to the mandate under SDG 14.6 and MC11, to achieve meaningful and balanced TN/C/ M/41 
 
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  disciplines on fisheries subsidies while ensuring a ppropriate and effective Special and Differential 
Treatment for developing and LDC Members . Pakistan is a relatively small player in global fisheries 
trade. Nevertheless, this sector 's contribution and importance is critical. Our coastline of one 
thousand kilometres and an Exclusive Economic Zone spanning three hundred thousand square 
kilometres, provides livelihoods to around 1 million coastal families and many more inland 
inhabitants through marine resources and fishing related activities.  
4.154.   For this reason , we have always argued for the removal of small -scale, artisanal fishing from 
the scope of disciplines in the agreement. To answer one of the questions for today, this is not a 
flexibility under Special and Differential Treatment, but a carve out from the  entire agreement being 
an issue distinctly beyond our mandate, which is to prohibit heavy subsidies causing irreparable 
harm.  
4.155.   On S&DT, Pakistan is consistently and very strongly of the view that without effective 
provisions, a conclusion of the agreement would be in jeopardy. This means effective, unconditional, 
and undiluted flexibilities for developing and LDC Members  in all areas of disciplines except for illegal 
fishing. Unfortunately, the present drat text makes S&DT conditional upon transparency 
requirements and dilutes it to something only notional in effect. This approach can severely limit our 
progress in negotiations. Countries like Pakistan are trying to develop, upscale and modernise fishing 
capacities, improve regulation and management and make  the sector a sustainable source of 
development. For that, we need effective policy space in all pillars of negotiations.  
4.156.   The current reading of the text seems to have inverted our original mandate on its head. 
While S&DT for poor countries is made to look  like a controversy, allowances and carve outs are 
being provided to large subsidisers in the name of sustainability. This can only result in an outcome 
which maintains a harmful status quo for global marine resources, with no improvements in 
sustainabilit y or development. Thus, to address the question of the text, we see it as regressive and 
unbalanced, not accounting for the diversity in views of members. While my delegation will engage 
meaningfully and constructively, a continued neglect of opinions on f undamental issues such as 
those I and several members have highlighted, will only widen our divide, and take us away from 
any landing zones.  
4.157.   In conclusion, I urge everyone to consider outcomes that do not place us in perilous 
situations a further 20 years  down the road, similar to those we face today due to our mistakes in 
the Uruguay Round. Let us do something meaningful for our future generations, for the environment 
and for development.  
4.158.   H.E. Mr. Piyush Goyal, Minister for Commerce and Industry of India , provided the following 
statement:  
4.159.   Looking at the enormity of the situation and the fact that we don't have the third session, I 
will need to express myself in somewhat greater detail. India is very keen to finalize the agreement 
because irrational subsidi es and overfishing by many countries is hurting Indian fishermen and their 
livelihood. However, I am disappointed to note that we are still short of finding the right balance and 
fairness in the agreement. Let me share my views on the problem areas.  
4.160.   First, we should not repeat the mistakes made during the Uruguay Round that allowed 
unequal and trade -distorting entitlements for select developed Members, particularly in agriculture, 
while unfairly constraining less developed members who did not have the capac ity and resources to 
support their industry or farmers then. Fisheries are a common endowment to humanity, a global 
public commons. Therefore, the sharing of this should be in an equitable and just manner. Any 
unbalanced or unequal agreement would bind us into current fishing arrangements which may not 
necessarily meet everyone's future requirements. As we discuss sustainability, it is essential that 
big subsidizers take greater responsibility to reduce their subsidies and fishing capacities, in 
accordance with the principles of 'Polluter Pays' and 'Common but Differentiated Responsibilities'.  
4.161.   Any agreement must recognize that different countries are at different stages of 
development and current fishing arrangements reflect their current economic capacitie s. Needs will 
change with time as countries develop. Any agreement will have to provide for balancing current 
and future needs. This imbalance between members is visible in current capacities to exploit fisheries 
in domestic waters and the high seas. The p er capita fisheries subsidy given by most developing TN/C/M/41  
 
- 25 - 
 
  countr y Members  is minuscule compared to advanced fishing nations. Countries like India who are 
yet to develop fishing capabilities, cannot be expected to sacrifice their future ambitions, while 
protecti ng those members providing huge subsidies and overexploiting fisheries resources and 
continue to engage in unsustainable fishing. Therefore, it is imperative to preserve space for growth 
in fishing capacities of the developing world for the future without locking them into disadvantageous 
arrangements in perpetuity.  
4.162.   Second, the sustainability -based approach in the Overcapacity and Overfishing pillar in the 
current form will create significant inequity for developing countries. Clearly, it will lead to capa city 
constraints for developing countries, while advanced nations will continue to grant subsidies. This is 
unequal, unfair  and unjust . 
4.163.   Third, if non -specific fuel subsidies are not brought under disciplines, another major disparity 
will be introduced by large harmful subsidies outside of all disciplines.  
4.164.   Fourth, giving special treatment to non -recovery of subsidies under Government -to-
Government fisheries 'access agreements' is akin to cherry -picking.  
4.165.   Fifth, any new agreement has to be seen in the context of existing international instruments 
and the laws of the sea. The sovereign rights of coastal States to explore, exploit and manage living 
resources within their maritime jurisdiction, enshrined in international instruments must be 
preserve d. The determination by coastal States should be given primacy and not be subject to WTO 
dispute settlement mechanism.  
4.166.   Sixth, an important element of what India wants is appropriate and effective special and 
differential treatment (S&DT), in the true spiri t as enshrined in the guiding principles of the 
Marrakesh Agreement. Limiting S&DT to poor and artisanal fishermen only is neither appropriate, 
nor affordable and not acceptable at all. S&DT has to be for a country as a whole. We need S&DT to 
not only prot ect livelihoods of poor fishermen but also to address food security concerns of a nation, 
have the necessary policy space for developing the fisheries sector and for the time required to put 
in place systems to implement the disciplines.  
4.167.   Finally, we still need to cover significant ground to make the text balanced, to meet the just 
concerns of developing and LDC Members. India will be submitting proposals very soon to address 
our concerns including incorporating 'common but differentiated responsibilities' i n sharing this 
common endowment.  
4.168.   Protection of the environment is ingrained in the Indian ethos for ages and has been 
repeatedly stated by our Prime Minister Shri Narendra Modi. India is committed to conclude the 
negotiations, so long as it provides for b alancing current and future fishing needs, preserving space 
for equitable growth in fishing capacities in future, and effective S&DT without any imbalances.  
4.169.   H.E. Dr. Sansern Samalapa, Vice Minister for Commerce of Thailand , provided the following 
statemen t: 
4.170.   The sustainability of global marine resources is in grave jeopardy as we speak. Therefore, in 
response to the first question, Thailand urges that outstanding pending issues which put Members 
far apart be resolved rapidly. Thailand strongly commits to reach the conclusion as soon as possible. 
Having said that, Thailand welcomes the revised draft consolidated chair text which employs key 
elements namely: (1) prohibiting subsidies to IUU fishing; (2) emphasizing on sustainable fisheries 
managem ent and (3) providing special and differential treatment for developing country Members, 
and LDC Members.  
4.171.   I believe these elements can pave the way towards agreeable landing zones. It is worth 
reiterating that the sustainability element contained therein s trikes the proportionate balance 
between safeguarding fish stocks and creating necessary policy space for Members to develop the 
fishery sector sustainably. Having said that, I have instructed my Ambassador to WTO to provide 
necessary flexibility for concl uding the negotiations based on the current text.  
4.172.   Turning to the second question, it is generally recognized throughout the negotiations that 
artisanal fishers are vulnerable and need a special treatment. Having limited fishing capacity, they TN/C/ M/41 
 
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  account for a  small portion of global catch and are not major contributor to the fisheries 
unsustainability. Hence, disciplines should not be crafted in a way that worsens their livelihood 
conditions. This perspective has been continuously reflected in Thailand 's posit ion in negotiating the 
Overfished Stocks and Overcapacity and Overfishing pillars.  
4.173.   For the way forward, given the time constraints before MC12, Thailand supports using the 
current text as a basis to build convergences on existing issues. We must stay focus ed on the 
mandate. New issues shall not be introduced at this stage as we are approaching the finishing line. 
With that, Thailand is willing to support approaches deemed appropriate to reach a balanced 
outcome that replies both calls of sustainability and sufficient policy space.  
4.174.   H.E. Mr. Luc Magloire Mbarga Atangana, Minister for Trade of Cameroon , provided the 
following statement:  
4.175.   Cameroon aligns itself with the statements delivered by the African Group and ACP. 
Cameroon is mindful of the Director -General 's relentless efforts to set a fund that may support 
developing country Members ' implementation of this Instrument. We commend this idea and call to 
broade n the scope to support the development of infrastructure in fisheries sectors. Kindly rest  
assured of  the support and engagement of our delegation to constructively work with you and all 
delegations in reaching a fair, balanced and effective Agreement in line with the mandate given by 
us, Ministers.  I would  now like to make the following comments in respo nse to the questions that 
you asked us:  first question: Cameroon would like to add a nuance of substance to the formulation 
of this question, which posits that overcapacity and overfishing are mainly caused by a lack of 
sustainable management rather than b y subsidies.  
4.176.   Cameroon would like to draw your attention to what it believes is obvious, namely that the 
fishing fleet of all the African States put together is by far inferior to that of the main Member State 
subsidizers considered individually, even thoug h Africa is, in terms of surface area, the second 
largest continent in the world. In other words, these States each have capacities far beyond the 
resources of their waters. For this reason, we, the Ministers of Trade of the Member States, have 
continued t o request that a certain number of harmful subsides be banned, in light of the sustainable 
management efforts made by other organizations such as FAO, which are undermined by the 
unbridled practice of subsidization.  The current text, TN/RL/W/276/Rev.1, des erves to be reworked, 
since it does not ensure an effective ban on certain subsidies as prescribed by the mandate, but 
requires that subsidies be accompanied by sustainable management measures.   
4.177.   Cameroon therefore encourages the Negotiating Group Chair to open the text and 
incorporate the following four aspects:  the effective prohibition of certain subsidies in Article 5;  
recognition of the primacy of coastal States with regard to the ascertaining of violations in their 
waters, in accordance with the rules of international law on this subject;  the guaranteeing of effective 
sanctions against operators and vessels guilty of illegal, unreported and unregulated fishing;  the 
application of the polluter -pays principle in respect of the responsibility and obligatio ns of the Parties.  
On this basis, and with everyone's cooperation, we believe that the key elements of an agreement 
would be in place. This is achievable with a bit of good will from all sides and would enable us to 
meet the deadlines. This is what Cameroo n wishes and hopes for.  
4.178.   On the second question, Cameroon wishes to reaffirm that it does not see artisanal fishing 
as part of this Agreement and therefore requests that it be excluded from the scope of the text, 
since this type of fishing plays a role in f ood security, employment policy and poverty reduction in 
our States. The issue here is, without a doubt, industrial fisheries.  In this light and given the need 
for developing and LDC Members  to support their fisheries sectors, the necessary flexibilities s hould 
be granted to them by way of special and differential treatment, rather than placing emphasis on 
the possibility of technical assistance.  Overall, we believe it is vital to ensure an inclusive and 
transparent negotiating process that gives each Party  equal consideration.  
4.179.   Lastly, I would like, once again, to highlight the relevance of the rendezvous and review 
clause proposed by Cameroon, which in no way dilutes the expected stability and predictability of 
an international instrument of this kind, but,  on the contrary, is likely to favour the engagement of 
States because of the flexibility it creates.  In the light of all these elements, we have given renewed 
instructions to our delegation in Geneva to proceed with the required adjustments and to achieve , TN/C/M/41  
 
- 27 - 
 
  as soon as possible, an acceptable negotiating text that guarantees a fair, balanced and timely 
Agreement. We would like to assure you of our constructive engagement.  
4.180.   H.E. Ms. Esperança Maria da Costa, Secretary of State for Fisheries of Angola , provided  the 
following statement:   
4.181.   For the Angolan government, it is urgent to reach a global agreement and consensual with 
a view to forbid subsidies that may threaten the fisheries sustainability and marine resource 
conservation. The commitment of the WTO of cre ating modules on fishing subsidies, is based on 
Development Agenda of Doha, 2001, and the negotiation mandate agreed in 2005, ever since there 
has been no significant progress on this matter. The fishing in Angola is a strategic sector for our 
economy, the refore it encompasses the entire population, especially the most vulnerable 
communities, this is a fact.  
4.182.   The fishing sector of many Members  is linked to their economic development, poverty 
reduction and food security. Some Members see S&DT  as a way to  support the implementation of 
new disciplines and thus favour formulas such as transition periods, technical assistance and capacity 
building. Others see the goal of S&DT  as providing political space to develop fishing capacity in a 
sustainable manner. Th is dichotomy represents the heart of the controversy.   
4.183.   The mandate is clear about special and differential treatment, says that adequate and 
effective special and differential treatment for developing and LDC Members  must be an integral 
part of the WTO's fisheries subsidies negotiation, it does not mention any key component, nor is it 
aimed only at poor and vulnerable artisanal fishers, industrial and semi -industrial fishing in several 
countries like ours, lack development, we must keep the course of the n egotiations within the limits 
of the mandate.  
4.184.   The Government of Angola reaffirms its full will and commitment to the conclusion of the 
agreement, the Permanent representations in Gen eva (Heads of Delegation) have shown since the 
beginning of the agreement,  the necessary flexibility for this purpose, acting within the limits 
established by the mandate. Which means that the flexibility they've already been given must ensure 
that the rules being negotiated neither affect the sovereign rights of members under r elevant 
international law, including territorial integrity.  
4.185.   Our representation must be flexible as long as the agreement focuses on wild marine capture 
fishing and fishing activities at sea. To end, Angola appeals all member states of the World Trade 
Organ ization to put an extra effort in order to conclude this Agreement on the next Twelfth  Ministerial 
Conference of the WTO, that will positively contribute to those who believe that global fair trade may 
become a relevant factor for economic and social recov ery worldwide.  
4.186.    H.E. Mr. Dinesh Bhattarai, Secretary for the Ministry of Industry, Commerce and Supplies 
of Nepal , provided the following statement:  
4.187.   I associate with the statements delivered/to be delivered by Chad on behalf of the LDC group 
and Mongolia o n behalf of the LLDC group. As a member of the WTO, Nepal has consistently 
emphasized on transparent, fair, predictable and rule -based multilateral trading system. Being 
guided by the sustainable development goals (SDGs), sustainable management of the natu ral 
resources is our common motto. The need to maintain disciplines on fishing and fisheries was 
realized more than two decades ago. The Eleventh  Ministerial Conference of the WTO further 
underlined the need for regulating illegal, unreported and unregulat ed fishing, and subsidies that 
contribute to overfishing.  
4.188.   The proposed draft rule has made provisions on (i) prohibitions to subsidies for illegal, 
unreported and unregulated (IUU) fishing, (ii) prohibitions to subsidies that contribute to 
overcapacity and  overfishing, (iii) special and differential treatment provisions for developing and 
LDC Members  including others. These provisions will enable the resource -poor and small coastal 
countries heavily reliant on fishing to enjoy special benefits resulting fro m this rule.  Similarly, the 
provisions of technical assistance and capacity building of LDCs and LLDCs are equally important. I 
am confident that such provisions complemented by other instruments will gradually ensure the 
reasonable stake of a land locked countries in the fish stocks of high seas. They will enable LLDCs TN/C/ M/41 
 
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  to have qualitative sea products in competitive price in collaboration with coastal countries and 
support from donor country Members.  
4.189.   Likewise, it is critically important that transition per iod of LDCs to enjoy the S&DTs in 
fisheries subsidies under this rule is proposed to extend to the graduating LDCs in their grace period 
for the sustainable graduation of LDCs due to systemic problems caused by COVID -19 pandemic. 
Our Delegation in Geneva i s fully authorized to undertake necessary flexibility towards the successful 
conclusion of the negotiation on fisheries subsidies.  Before I conclude, I wish to reiterate the 
Government of Nepal 's support and readiness with needful flexibility to successful ly conclude the 
negotiation by the upcoming MC12. In this regard, I expect full cooperation from all the members 
and active role of the WTO and other related international institutions.  
4.190.   The representative of Morocco , speaking on behalf of H.E. Mr. Moulay Hafid Elalamy, Minister 
for Industry, Trade and Green and Digital Economy of Morocco , provided the following statement:  
4.191.   This meeting  focus es on disciplines on fisheries subsidies with a view to these negotiations 
culminating in an agreement at the Twelf th Ministerial Conference. We are optimistic because we 
believe that this is not only achievable, but that it is our duty and responsibility to reach an 
agreement in order to preserve our common heritage of living marine resources for future 
generations.  
4.192.   Replying to the first question, which is the subject of this meeting, Morocco underscores its 
commitment and attachment to working with other Members to complete these negotiations within 
the time frame. We believe that the Chair's text includes all the key el ements to ensure convergence 
towards an agreement, subject, of course, to some improvements. To this end, whether through our 
delegation in Geneva or our experts in the capital, we are willing to show flexibility in the quest for 
consensus. We also call on  other Members to do the same in order to reach a coherent and, above 
all, balanced text, taking into account the circumstances all the Members.  
4.193.   Regarding the second question, Morocco believes that the exclusion of artisanal fishing for 
developing and LDC  Members  would be the very least to be expected, or even a given that has no 
need to be negotiated or called into question, given the multi -faceted role of this category of fishery 
and its insignificant share of fisheries subsidies. Nevertheless, in keeping  with an approach aimed at 
achieving a balanced outcome such as I have just highlighted, Morocco believes that other 
flexibilities can be considered by calling on our creative capacities.  
4.194.   I would remind you in this respect that the objective of these nego tiations is to identify the 
subsidies that most affect sustainability; it has been shown, through scientific and economic studies, 
that these tend to be concentrated in industrial and large -scale fisheries. Logically, targeting 
subsidies in this category o f fisheries through strong and restrictive disciplines would go a long way 
to achieving the objective of these negotiations. In this regard, Morocco reiterates its position that 
flexibilities should be conditional on the establishment of fisheries manageme nt systems capable of 
ensuring the sustainability of resources.  
4.195.   In conclusion, I wish to emphasize that Morocco attaches great importance to these 
negotiations and to the conclusion of an agreement on this matter, not only because of the 
importance of the fisheries sector to its economy, but above all because of its attachment to the 
multilateral trading system and its sustainability. The WTO must therefore maintain its capacity to 
produce rules.  
4.196.   H.E. Mr. Ahmed Ahan, Director of Internatio nal Cooperation Department  – Head of WTO 
National Committee of Qatar , provided the following statement:  
4.197.   The State of Qatar is concerned by the fact that this organization has not been able to meet 
the deadline set by the Heads of State in the Sustainable Development Goal 14.6, which was to 
conclude these fisheries subsidies negotiations by the end of 2020.  At the same time, we are 
encouraged by the progress made to date and the advanced stage at which the current discussions 
are taking place.  The State of Qatar strongly supports all efforts to conclude these the fisheries 
subsidies negotiations as soon as possible ahead of the Twelfth  WTO Ministerial Conference.  The 
Ministerial Conference  is an important milestone in our joint efforts to ensur ing the conservation and 
sustainably use of fish resources.  TN/C/M/41  
 
- 29 - 
 
  4.198.   In this regard, we are encouraged to see that all Members agree on the importance of 
addressing subsidies for illegal, unreported and unregulated (IUU) fishing and those subsidies that 
contribute to overcapacity and to overfishing, as well as to respect the mandate given to the WTO 
in 2015 by the United Nations Sustainable Development Goal 14.6.  The State of Qatar considers 
that the basic elements of the landing zones necessary to reach a conclusi on are present in the 
current draft text and, therefore, respectfully calls for urgent action to build on these common points 
to find a mutually acceptable agreement. While Qatar wants to make it clear that negotiations will 
still need to continue on the b asis of the draft text on a number of important points, the State of 
Qatar is prepared to fully authorize the Heads of Delegation in Geneva to contribute to the flexibility 
needed to conclude the negotiations  
4.199.   The State of Qatar will be in a position to sup port and conclude the negotiations as long as 
the basic elements of conservation and sustainable use of fish resources and appropriate flexibilities 
have been taking into account and reflected in the text.  In particular, the State of Qatar recalls that 
the mandate of our negotiations, as contained in SDG 14.6, expressly recognizes that appropriate 
and effective special and differential treatment for developing and LDC Members  should be an 
integral part of any negotiated outcome.  The adequate provision of such S&D treatment is needed 
to take account of and adequately protect the importance of the fisheries sector to economic 
development, poverty reduction, and improved livelihoods, and is essential to address food security 
concerns.  In this respect, the St ate of Qatar considers that S&D treatment must be designed to 
protect poor and vulnerable subsistence and artisanal fishers in developing country and LDC 
Members.  Therefore, it should not be time barred, but provided in justified situations on a continuin g 
basis without interruption.  Nor should there be any attempt at drawing a distinction between 
subsistence and artisanal fishing, which both should be protected through appropriate S&D 
treatment.   
4.200.   Finally, on the issue of fuel subsidies, the State of Qat ar shares the view of other Members 
who are not in a position to accept the proposed inclusion of disciplines on fuel subsidies.  Qatar 
considers that such disciplines are of a horizontal nature and therefore go beyond the scope of these 
negotiations.  Ind eed, the scope of these negotiations is to discipline specific subsidies relating to 
IUU fishing and those that contribute to overcapacity and to overfishing.  This is not the appropriate 
context for discussing disciplines on matters not specific to such f ishing activities.   
4.201.   In closing, the State of Qatar encourages all Members to remain open -minded, so that we 
may achieve the essential agreement by MC12.  A balanced WTO agreement on fisheries subsidies 
would be an excellent opportunity to show the world th at the WTO remains relevant  to the important 
issues of today and that Members can come together to shape the issues of tomorrow in a way that 
keeps account of trade, conservation as well as, importantly, development concerns.  
4.202.   H.E. Mrs. Nomalungelo Gina, Deputy Minister for Trade, Industry and Competition of South 
Africa , provided the following statement:  
4.203.   South Africa is committed to a negotiated outcome that respects WTO mandates and SDG 
14.6. We also recognize the enormous efforts, over many years, to del iver an outcome that is 
balanced and fair and that fully respects our mandate. The challenge of reconciling and balancing 
the political, policy, legal and technical divergences amongst Members is undoubtedly a complex 
one. While the current draft text cont ains the basic elements for concluding the negotiations, more 
work is required to deliver an acceptable and balanced outcome.  
4.204.   First, the text should confirm customary international law that gives primacy to coastal states 
to manage their resources and, th erefore, national fisheries policies should be excluded from legal 
challenge under the WTO dispute settlement mechanism.   
4.205.   Second, the mandate requires that we develop rules to discipline illegal and harmful 
subsidies, not to develop sustainability framewo rks that would create new imbalances in the WTO 
architecture. A "hybrid approach " can only be agreed if it avoids carve outs to the biggest subsidizing 
Members. Disciplines should target the subsidies that support large fishing fleets and large vessels 
that are overwhelmingly responsible for overfishing and over capacity.  
4.206.   Third, most developing countries are at early stages of developing their fisheries sectors; 
they do not contribute to overfishing and are in no position to provide the quantum of subsidies  TN/C/ M/41 
 
- 30 - 
 
  provided by other Members. Most developing countries also hold substantial fisheries resources and 
will not accept rules that impede their ability to develop their "ocean economies " in a sustainable 
manner. In this respect the joint proposal from the Afri ca Group and ACP on S&DT  should be 
incorporated in the text.  
4.207.   Highly constrained, one -size-fits-all approaches will not work. If we are serious about 
reaching an outcome soon, meaningful flexibility for developing countries – that are consistent with 
the pr inciples of special and differential treatment, common but differentiated responsibility and the 
"polluter pays " – will be required. We underscore that the mandate of S&DT  for developing countries 
must be fulfilled.  
4.208.   Developing countries have shown flexibi lity under very difficult circumstances. We are now 
at the point where other Members will need to show flexibility on S&DT  to conclude the negotiations. 
Gaps remain and further technical work will be needed for a balanced outcome. A realistic work 
programm e needs to be established with sufficient scope for interaction by our capitals to ensure 
transparency and inclusiveness. We can assess progress later in the year, before MC12.  
4.209.   H.E. Dr. Asim Ahmed, Permanent Representative to the WTO of the Maldives , provi ded the 
following statement:  
4.210.   Illegal, Unreported and Unregulated (IUU) fishing has compromised sustainable fisheries 
worldwide. The use of prohibited and harmful gear, overshooting of catch quotas, coupled with illegal 
poaching and deployment excessive fis hing capacities has threatened the sustainability of fisheries. 
IUU fishing is one of the major challenges for fisheries managers and scientists to ensure that fish 
stocks are maintained at sustainable levels. It is even a bigger threat for well managed sm all-scale 
fisheries and coastal fishing communities like the Maldives that depend on the resources for their 
livelihood and gainful employment. Subsidies that contribute to overfishing, excessive fishing 
capacity and that which contributes towards the cont inuance of IUU fishing are also key drivers that 
has contributed towards the current status of fish stocks. To effectively change the status quo and 
move towards sustainable fisheries, it is crucial to remove harmful fisheries subsidies, it will have a 
positive impact on discouraging and eventually eliminating IUU fishing. This would be important, not 
only to maintain fish stock but will also have a profound impact on the future growth and productivity 
of sustainable fisheries.  
4.211.   According to the UN Food and Agriculture Organization (FAO), IUU fishing activities are 
responsible for the loss of 11 –26 million tonnes of fish each year, which is estimated to have an 
economic value of USD10 –23 billion. Poaching and encroachment from foreign flagged vessels is a 
major IUU threat to the Maldives. It is estimated that such vessels harvest in the range of 10 – 15 
thousand tonnes of fish from the Maldivian EEZ annually. This indeed is a huge loss for countries 
such as the Maldives. What is even more concerning is that fi shing fleets that are involved in IUU 
fishing activities are often supplemented by perverse subsidies issued by the flag government that 
further contributes towards to continuation and the growth of such activities.  
4.212.   Maldives is working at the national and regional level to stop degradation of the fisheries 
resources. The Fisheries Act of the Maldives enacted in 2019, formulates principles to prevent, deter 
and eliminate IUU fishing. We have also developed a National Action Plan to prevent, deter and 
elimina te IUU Fishing. This plan identifies action points to reduce the negative social, economic, and 
environmental impacts of IUU fishing in the Maldives, and of Maldivian vessels operating within and 
outside of Maldives ' Exclusive Economic Zone (EEZ).  
4.213.   At the r egional level to address overfishing, the Maldives actively participates in the Indian 
Ocean Tuna Commission and has put forward an ambitious plan to save the Indian Ocean Yellowfin 
Tuna, as studies have shown that the Yellowfin tuna in the Indian Ocean is  overfished and is subject 
to continued overfishing. Scientists are warning that the stock could collapse within the next five 
years if fishing pressure is not reduced. The Maldives was able to reduce its catch by five percent in 
the recent years to adhere  to the IOTC requirement. Maldivian fishermen, processors, and the 
government joined forces in 2019 for three national campaigns dedicated to reducing yellowfin tuna 
catch, with a strong focus on reducing the amount of juveniles acquired. As a result of th ese 
campaigns, there was a 10.6% decline in fish catch during the year 2019, compared to 2018.4 
Although this would have an undesirable effect on the economy, we are willing to play our part to TN/C/M/41  
 
- 31 - 
 
  preserve the fish stocks and to achieve the overall goal of ma intaining fish populations at sustainable 
levels.  
4.214.   Target 4 of Goal 14 of the Sustainable Development Agenda specifically urges the 
international community to effectively regulate harvesting and end IUU fishing and destructive 
fishing practices. I hope tha t this meeting will contribute to the realisation of this ambitious goal and 
we stand ready to engage substantively and constructively within the multilateral trading system 
with the aim of concluding the negotiations on disciplines to fisheries subsidies and to propose a 
finalized text for MC12.  
4.215.   H.E. Mr. Mustafa Tuzcu, Deputy Minister for Trade of Turkey , provided the following 
statement:  
4.216.   In the negotiations, Turkey supports to craft comprehensive and effective disciplines that 
prohibit harmful fisheries s ubsidies and to ensure appropriate and effective special and differential 
treatment for developing country Members. For Turkey, any outcome should be meaningful and 
balanced for each Member in line with our mandates and based on consensus.  Let me now turn to 
your questions. To stop continued degradation of the world's fisheries resources and of the economic 
activities and livelihoods that they support, can you, as Ministers, affirm your commitment to 
conclude the fisheries subsidies negotiat ions as soon as possible ahead of the Twelfth  WTO Ministerial 
Conference, and confirm that the basic elements of the landing zones necessary to reach a conclusion 
are contained within the current draft text. To that end, would you be prepared to fully auth orize 
your Heads of Delegation in Geneva to contribute to the flexibility needed to conclude the 
negotiations? " 
4.217.   Regarding your first question, our very short answer will be "yes, but? ". Let me elaborate 
on this a little. Of course, Turkey affirms its commi tment to conclude the negotiations as soon as 
possible. Furthermore, we believe that basic elements of an agreement are contained in the 
consolidated text of the Chair, which even can be called as landing zone for some chapter. However 
still certain areas remain to be negotiated and here are still some elements in the text, which Turkey 
cannot endorse.  Without going into any detail, I will emphasize important issues for Turkey in this 
regard.  
4.218.   First, the issue of specificity and fuel tax relief schemes. The  new disciplines on fisheries 
subsidies should not cover non -specific subsidies.  In addition, fuel tax relief schemes, which are a 
component of fiscal policy should not be within the scope of the disciplines.  Secondly, the issue of 
artisanal, subsistence and small -scale fishing. We welcome the way how those activities are 
characterized in the text and we see value in using geographical limitations. However, we prefer any 
exemption not to be time bound.  Thirdly, we attach great importance on that the activi ties under 
government -to-government  access agreements and RFMO/A quotas that are based on sustainability 
considerations are not affected by the provisions of the Agreement.   
4.219.   Last but not least, we will continue to follow the negotiations closely in relatio n to the other 
aspect of the text such as IUU and overfished stocks pillar and of course S&DT  clauses.  For purposes 
of this negotiation alone, and without prejudice to any Member's position on special and differential 
treatment in any other context, can we  agree that the key component of special and differential 
treatment is for poor and vulnerable artisanal fishers in developing country Members and LDC 
Members?  
4.220.   Coming to the second question, if the question is about agreeing on the importance of low 
income, resource -poor and livelihood fishing and the need to deal this matter accordingly, our 
response is most definitely a "yes". On the other hand, further flexibi lities, especially in the form of 
transition periods might be necessary for other parts of the discipline as well, since it is essential to 
ensure the effective and successful implementation of the agreement by the whole membership.  We 
are open to construc tively discuss all these issues with the aim of finding balancing formulations 
acceptable by all.  We believe that, at this stage, it is crucial to authorize our Heads of Delegations 
in Geneva to actively work for the conclusion of the negotiations, with t he contribution of the 
Capitals.  TN/C/ M/41 
 
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  4.221.   H.E. Mr. Phung Duc Tien, Deputy Minister for Agriculture and Rural Development of Viet 
Nam, provided the following statement:  
4.222.   Viet Nam is committed to cooperating with WTO Members to reach a meaningful outcome 
and conclude negotiations on Fisheries Subsidies before the Twelfth  Ministerial Conference. Our 
competent authorities in the capital and our Permanent Mission in Geneva shall continue our close 
coordination with all WTO Members in this process.  We support the Chair's c urrent consolidated text 
as basis for further negotiations. The fact that the Chair 's draft text proposes for prohibition of 
certain kinds of harmful subsidies for wild marine capture -fisheries in linkage with sustainable 
fisheries management criteria is a  right direction for reaching a more balanced outcome between 
fishery resources conservation and sustainable economic development. The text also shows high 
ambition in elimination of subsidies for IUU fishing.  
4.223.   In the forthcoming time, in order to further b ridge the gaps between Members in several 
important issues, we kindly request further discussions on the followings: i) satisfactorily dealing 
with the concerns of the least developed and developing Members where fisheries sector is 
characterized by tropic al, multi -species and multi -gear  as related to the biological sustainable level 
and the notification and transparency obligations; ii) avoiding the expansion of scope, concepts of 
activities associated with capture fishery; iii) reaching an agreement on c oncrete procedures of 
cooperation among Members, including coastal Members, flag State Members and Regional Fisheries 
Management Organizations in the determination of IUU fishing; iv) soon reaching an agreement on 
the principles and ensuring that commitmen ts and implementation of such commitments do not 
affect the rights and interest of Members as provided for in other international agreements; v) 
ensuring the scope of application of this Instrument to be consistent with the Agreement on Subsidies 
and Count ervailing Measures.  
4.224.   S&DT targeting small -scale artisanal fishermen is aimed at ensuring the goals of inclusive 
socio-economic development, food security and people 's livelihood. Hence, Viet Nam supports the 
introduction of several S&DT measures to small -scale and artisanal fisheries. Further discussions 
should be held in the forthcoming time on how to formulate such S&DT measures. As for Viet Nam, 
we are consistent in seeking for effective S&DT measures for artisanal, small scale fisheries and 
those fisher men engaged in those fisheries, which are appropriate to the tropical, multi -species, 
multi-gear practices in Viet Nam with a reasonable transitional period. WTO is a trade organization 
and has no functions for introducing or determining technical specific ations, hence, the general 
criteria to define artisanal and small -scale fisheries shall conform to the relevant guidelines of FAO, 
with reference to a Member 's domestic regulations, and shall, at the same time, not be bound to 
any geographical factors that  may potentially infringe a Member 's national jurisdiction.  
4.225.   Last, but not least, I will give instructions to the Viet Nam 's negotiation delegation for 
continued active engagement and making further efforts to narrow the gaps among Members 
towards reaching a full-fledged and multilateral commitment which is acceptable to all Members.  
4.226.   The representative of Seychelles , speaking on behalf of H.E. Mr. Naadir Hassan, Minister for 
Finance, Economic Planning and Trade of the Republic of Seychelles , provided the fol lowing 
statement:  
4.227.   First and foremost, Seychelles wishes to confirm its commitment towards working for a 
successful conclusion of the Fisheries subsidies negotiations. As a Small Island Developing State, 
the fisheries sector is crucial to our livelihood, fo od security, employment and most importantly as 
one of the main contributors towards our GDP. Whilst my delegation wishes to see the conclusion of 
this negotiation, Seychelles stresses on the necessity to provide for policy space in order to develop 
its fisheries sector in the future. Therefore, appropriate Special and Differential Treatment is 
imperative to allow us to implement the new disciplines, whilst taking into account our 
circumstances. Furthermore, there is the need for transitional period to put in place appropriate 
infrastructure and frameworks to allow our policy makers, and fishermen themselves to implement 
these new disciplines in order to allow for continuity and no major disruption in the fisheries sector.  
4.228.   Seychelles has an EEZ which is mor e than three thousand times bigger than its land mass 
and a population of over 90,000. This brings about serious challenges to running stock assessments 
on all the different species found in our waters. For that reason, Seychelles has been fighting to 
raise the issue of ‘multispecies ' of which I want to stress on again. We do recognise the importance TN/C/M/41  
 
- 33 - 
 
  of knowing the status of the stocks. However, given our lack of capacity we find that it is not always 
feasible to conduct such assessment. It is important to note, that Seychelles does have management 
measures in place including licensing conditions, which limit the number of licenses provided to 
fishermen. We also have seasonal fishing for certain species, meaning that fishing for those 
particular species does  not occur throughout the year.  These measures allow for the replenishment 
of the stocks. However, to mandate a member to have a fish assessment of all the species in an 
area in order so that they can provide subsidies will be challenging in our case give n the number of 
species in one area. It is to be noted that not all species are fished and therefore we mainly conduct 
assessments on those that are fished more frequently.  
4.229.   I wish to thank the Chairman for his efforts in trying to reach a compromise throug h the 
revised draft consolidated text. We have perused the text and would like to iterate our positions. On 
the Article 5.2 (b), Seychelles wishes to draw the attention of Members to Article 62 (2) of the United 
Nations Convention on the Law of the Sea (UN CLOS), which allows for "Coastal State to enter into 
agreements or other arrangement with other States to access the surplus allowable catch, where 
the coastal State themselves does not have the capacity to harvest the entire allowable catch, 
pursuant to t he terms, conditions, laws and regulations ". By virtue of the word surplus being used 
it infers that the stocks are healthy and therefore does not fall under the scope of overfishing. 
Furthermore, we are members of the Indian Ocean Commission of which our partners are also 
members. This ensures that the stock being fished are monitored and regulated to allow for 
sustainability of the stocks.   
4.230.   Therefore, my delegation supports the inclusion of Article 5.2 (b) and proposes to remove 
the bracket around this p aragraph. Seychelles appreciates the inclusion of footnotes 16 and 17 under 
Article 8, which tries to accommodate the challenge of notification by developing country Members, 
which will assist us in the implementation of the rules.  
4.231.   On your two questions, f or MC12, in our view, the draft text does not sufficiently address all 
our concerns as a member. However, if article 5.2 (b) is maintained we can be flexible on other 
articles. Regarding your question on S&DT , it is important to note that small -scale fishe rmen will 
also be affected even if they would not be classified as poor. Given our susceptibility to external 
shocks, especially with the effects of climate change, not only are our artisanal fishermen vulnerable 
but so does our small -scale fishermen. This  is why we wish to include small -scale fishermen as part 
of the key component in special and differential treatment.  
4.232.   To conclude, I wish to convey my delegation 's willingness to continue working towards 
concluding this negotiation and  bearing in mind the important points raised in ensuring that the 
discipline is fair, balanced and most importantly that it meets the mandate set out by ourselves in 
the Eleventh  Ministerial Conference decision.  
4.233.   H.E. Mr. Wang Wentao , Minister for Commerce of China , provided the following statement:  
4.234.   As emphasized by President Xi Jinping on various occasions, China staunchly supports the 
multilateral trading system and promotes building a community with a shared future for mankind. 
Concluding the fisheries subsidies negotiations will be an important contribution made by the WTO 
toward achieving the United Nations 2030 Sustainable Development Goals. It will also boost the 
confidence of the  international community.  
4.235.   Concerning the questions raised by the Director -General, China reaffirms its commitment to 
concluding the fisheries subsidies negotiations as soon as possible ahead of MC12 and confirms that 
the basic elements of the landing zones  necessary to reach a conclusion are contained within the 
current draft text. China supports the current negotiating framework  and does not support adding 
any new element. China will continue to actively participate in the coming negotiations. China will 
authorize its Head of Delegation in Geneva to contribute to the flexibility needed to conclude the 
negotiations.  
4.236.   With regard to the second question, China agrees that, for the purpose of this negotiation,  
special and differential treatment should be mainly provided for  poor and vulnerable artisanal fishers 
in developing country Members and LDCs. As a developing country Member and a nation with a large 
fisheries sector, China will assume international responsibilities in the sector  commensurate with its 
level of development and capabilities.  TN/C/ M/41 
 
- 34 - 
 
  4.237.   With regard to specific issues, the text of the overcapacity and overfishing (OCOF) pillar 
should be revised, to be fair and balanced, and strictly consistent with the negotiating mandate. 
Concerning issues of territoriali ty and maritime jurisdiction, the  final text should guarantee that the 
WTO by no means involves itself in political issues such as territorial sovereignty.  
4.238.   China 's new fisheries subsidies policies feature the objective of green development, and IUU 
fishing  violations are severely penalized with "zero tolerance ". China has proactively implemented 
the UN Sustainable Development Goals. President Xi Jinping has announced China 's commitment to 
peak carbon dioxide emissions and achieve carbon neutrality. We will make further contributions to 
the realization of SDG Goal 14.6  and work together to foster a community of life for man and nature.  
4.239.   H.E. Mr. Mohamed Boussaïd, Minister for Trade and Export Development of Tunisia , provided 
the following statement:  
4.240.   Tunisia wo uld like to reaffirm its commitment and unwavering support in favour of a balanced 
outcome on fisheries subsidies – one that respects the mandates of Target 14.6 of the Sustainable 
Development Goals (SDG) and the Eleventh  WTO Ministerial Conference. In thi s respect, we note 
that despite the progress made in the negotiations, the draft text before us would require significant 
improvements in order to meet the mandate's objectives and ensure a balanced agreement.  
4.241.   On the issue of sustainability, we believe tha t a general exemption as broad as that provided 
for in Article 5.1.1 – allowing for the granting of subsidies without limits, even those harmful to 
overfished stocks and encouraging overcapacity – would prevent us from achieving the sustainability 
objectiv e of our mandate. In our view, this Article, as it stands, would maintain the status quo and 
legitimize the large subsidies granted to industrial fisheries, the main players in the non -
sustainability of stocks. Furthermore, Article 5.1.1 would give rise to  de facto discrimination and 
inequality in respect of developing and LDC Member s that do not have either the means to assess 
stocks or the technology required to make use of this flexibility.  
4.242.   With regard to special and differential treatment, we welcome th e idea of establishing a 
voluntary funding mechanism for the implementation of the agreement. However, more discussions 
would be needed to further establish and clarify its parameters, in relation to the disciplines of the 
agreement and on the basis of con tributions from Members, which could draw on experience from 
the implementation of the Trade Facilitation Agreement. This mechanism could not replace 
appropriate and effective S&DT provisions, as provided for in the negotiating mandate. Appropriate 
and eff ective S&DT would be achieved through provisions enabling developing and LDC Members  to 
develop their fisheries and improve their performance so as to contribute to poverty reduction and 
maintain food security.  
4.243.   We reiterate, at this level, our support for alternative one of Article 5. 5 of the draft text, 
regarding exemption based on objective criteria for the area of competence of the exclusive 
economic zone (EEZ) and Regional Fisheries Management Organizations (RFMOs). Alternative two 
of S&D for low incom e, resource poor and livelihood fishing in the territorial sea would not meet our 
needs or the particular situation of the Mediterranean Sea fishery. In this regard, we would like to 
clarify that Tunisia, given the insignificant level of subsidies granted and its low contribution in world 
production, does not participate in the non -sustainability of fishing and could not avail of S&D due 
to the temporal limitations of this second alternative. For overfished stocks, it should be noted that 
the need for S&D i s essentially dictated by the constraints of the implementation of disciplines, given 
the non -targeted nature of subsidies. Fisheries in Tunisia are multi specific, using low selectivity 
fishing equipment, which creates real difficulties in targeting stock s. 
4.244.   Moreover, our fishing licences are granted irrespective of the targeted species and the 
maritime area of action. This would complicate the implementation of disciplines based on the 
biological status of stocks or limits of maritime areas. Lastly, we wou ld like to express our concern 
that the right to avail of S&D is subject to additional notification obligations, which are onerous and 
burdensome for most developing and LDC  Members . The WTO could not replace fisheries 
management organizations. We therefor e call for alignment with the notification requirements of 
such bodies.  
4.245.   In conclusion, I would like to stress that Tunisia, which is among the top -ranking African 
countries in terms of achieving Sustainable Development Goals, is committed to working TN/C/M/41  
 
- 35 - 
 
  constructively to achieve a balanced and meaningful outcome on sustainable fis heries, a sector that 
is vital to the socioeconomic balance of my country.  
4.246.   H.E. Ms. Anna Johannsdottir, Acting Permanent Secretary of State of Iceland , provided the 
following statement:  
4.247.   Subsidies in fisheries are of particular concern for Iceland. For deca des, our fisheries 
management system has focused on sustainability and while we do not subsidize our fisheries,  we 
sell our products on the international market, inter alia competing with products from unsustainable 
fisheries which have been subsidized. Th e issue has been discussed at the WTO for almost 20 years 
with little progress However, a turning point was reached when the United Nations agreed on the 
Sustainable Development Goals, mandating the WTO to reach an Agreement to eliminate harmful 
subsidies.  We have already missed a few deadlines and at this point in time we all need to focus on 
our shared goal for the common good, which is concluding an effective agreement which successfully 
puts an end to harmful subsidies in fisheries. We must all join han ds in taking the last steps towards 
the finish line of this fisheries -subsidies marathon run.  
4.248.   In response to the two questions the chair posed to Member States, I can without hesitation 
answer the first question with "Yes, Iceland is willing to authorize our Head of Delegation in Geneva 
to contribute to the flexibility to conclude the negotiations." Our hope is that such flexibility will allow 
us to not only conclude an Agreement but an effective Agreement. As regards the second question, 
on the Special an d Differential Treatment, we have stated in our interventions during the 
negotiations that we are not supportive of general carveouts. If deviations from general ban on 
subsidies are allowed for by the Agreement, such deviations should in our view be clear ly defined, 
needs based and limited in both geographic, temporal and substantive scope. Iceland is in principle 
opposed to all subsidies in fisheries, but we are both cognisant of our mandate from SDG14.6 and 
have full understanding of the special situatio n and needs of Developing States. Iceland therefore 
does not object to the key component of the S&DT  being for artisanal fisheries in poor and vulnerable 
communities in developing country Members and LDC Members.  
4.249.   Iceland wants the worlds fisheries to be sustainable. We also want all Member States to be 
able to fish in a responsible and sustainable way, despite possible capacity restraints. A considerable 
part of the Icelandic development cooperation through the yea rs has been in the field of sustainable 
fisheries. Accordingly, Iceland welcomes all efforts, including new instruments, to support targeted 
implementation of new fisheries subsidies disciplines by developing and LDC Members . Iceland looks 
forward to concl uding this new Agreement on Fisheries Subsidies as soon as possible.  
4.250.   H.E. Mr. Lundeg Purevsuren, Permanent Representative to the WTO of Mongolia , also 
speaking on behalf of the Group of Landlocked Developing Countries , provided the following 
statement:  
4.251.   I have the honour to deliver this statement on behalf of the Group of Landlocked Developing 
Countries. Landlocked developing countries are of the view that the negotiations on fisheries 
subsidies aiming at the elimination of illegal, unreported and unregulat ed (IUU) fishing and the 
prohibition of certain forms of fisheries subsidies that contribute to overcapacity and overfishing 
would greatly contribute to the sustainable use of our oceans and their resources. We are talking 
about the USD 55 billion per year  subsidy that negatively contributes to overfishing and forces the 
global fishing stocks to deplete at a pace where the fish population cannot replenish itself. The 
depletion of fish would in the long run  contribute to a bigger problem of climate change an d 
environmental sustainability. We are already running behind in reaching the SDG goal 14.6, where 
we committed to prohibit these particular subsidies by 2020.  
4.252.   The Group of Landlocked Developing Countries supports the meaningful regulation of 
subsidies tha t contribute to overfishing, overcapacity and IUU. The Group also believes in the role 
of international trade in the promotion of economic development and the alleviation of poverty, 
especially through improving the involvement in international trade and d iminishing trade distortive 
measures. The Group considers that landlocked countries ' interests must be reflected in the draft 
texts, which will ultimately lead to a multilateral agreement and have an impact on these countries.  
4.253.   In this regard, Afghanistan, Nepal, Paraguay, and Mongolia have submitted a draft proposal 
to include in the draft consolidated text on fisheries subsidies. The objective of the draft articles in TN/C/ M/41 
 
- 36 - 
 
  our proposal is to safeguard the interests and the rights of landlocked developing countr ies in the 
future multilateral instrument on fisheries subsidies. Landlocked countries also have ships flying 
their flags. While we are cognizant of the purpose of the draft text, it is our right and desire to 
safeguard our interests and the rights, includ ing the right of access to the sea, freedom of navigation, 
freedom of fishing, freedom of scientific research, among others. We are of the view that landlocked 
countries should not be marginalized due to their geographical location. "Leaving no one behind " 
must be an underlining approach. Taking this opportunity, the Group would like to draw the 
Members ' attention to the special needs and challenges landlocked developing countries face due to 
the specificity of their geographical location.  
4.254.   The lack of acce ss to the sea presents a set of challenges particular to landlocked countries. 
Transportation costs, that are higher than average, drive up the cost of exporting and importing 
goods. In addition, the lack of coastlines implies a dependence on neighbouring Member s for transit, 
which can have a significant negative impact on trade, thus, create additional hurdles for these 
Member s to become more integrated into the world economy and reap the benefits from 
international trade. It is noteworthy that participati on of landlocked developing countries in global 
trade is below 1 per cent. One -third of the population of landlocked developing countries is still living 
in extreme poverty. On average, LLDCs continue to pay more than double in transport costs 
compared to their transit neighbours.  
4.255.   In addition, the impact of the COVID -19 pandemic is intensifying the challenges already 
facing the landlocked developing countries. Many LLDCs have confronted with trade, transport, and 
distribution challenges. Exports and imports  have been affected by problems at borders, lockdowns, 
trade restrictions, disruptions in global supply chains and commodity price shocks. Unfortunately, 
these unprecedented impacts of COVID -19 pandemic will have far -reaching consequences in socio -
economic  life of LLDCs.  Needless to repeat that the Doha Development Agenda aims at boosting the 
economic development of Members and helping developing and LDC Member s diversify their 
economies with a view to improving their trading prospects, thus involvement in international trade. 
In this regard, the Group would like to highlight that it aims to have a Work Programme for LLDCs 
in the WTO and is looking forward to collaborating with the members of the Organization to this end 
in the run -up to the MC12.  
4.256.   H.E. The R ight Honourable Greg Hands, Minister for Trade Policy of the United Kingdom , 
provided the following statement:  
4.257.   Concluding the Fisheries negotiation is a priority for the UK at MC12, and this Ministerial 
meeting needs to be a key milestone to get Members th ere. Concluding this negotiation is important 
for delivering on Sustainable Development Goals (SDGs) and protecting of course the long -term 
health of the world 's oceans, and also for proving that the multilateral trading system can work. The 
UK has used th e trade track of G7 presidency to drive progress with G7 Members and escalated the 
importance of achieving an outcome to Leader level. Addressing your first question, the UK is happy 
to empower our Head of Delegation to contribute in the spirit of compromi se. We agree that the 
current text is a solid foundation in which to do this.  
4.258.   As the Director -General noted this morning, it is time for Members to demonstrate flexibility 
in the most challenging areas.  This includes on Special and Differential Treatment . The UK has 
already committed £500 million to supporting developing countries to protect the marine 
environment, engage in more sustainable fishing, and reduce poverty through the 'Blue Planet Fund '. 
We are considering what additional technical assistance  we can provide to support developing 
countries in implementing the agreement. To assist in this assessment, we are keen to deepen our 
understanding how any WTO fund would operate.  
4.259.   And now, addressing your second question, on S&DT  for poor and vulnerable artisanal 
fishers. The UK strongly committed to S&DT that supports those members with a genuine need. The 
UK recognises the importance of the fisheries sector to the economic development of certain 
developing and LDC Members . However, it cannot be right th at big players in the fisheries space 
benefit.  And crucially, S&DT  cannot undermine the integrity of the agreement. To achieve that 
balance, the UK agrees that a key component of S&DT  is to target the help to poor and vulnerable 
fishers.  TN/C/M/41  
 
- 37 - 
 
  4.260.   The UK thinks we should focus S&DT to Fishers operating closer to their shores, as these 
fishers are more likely to qualify as genuinely 'poor and vulnerable '. Applying this geographical focus 
would ensure that larger Fishers remain subject to the disciplines. And cruciall y, it is important that 
S&DT  is used to support Members as they transition to more sustainable fishing regimes. So, I hope 
that Members will agree that this is the most pragmatic option.  Agreeing comprehensive 
transparency provisions will be crucial to ens uring such S&DT  provisions do not undermine the 
agreement.  The UK is delighted to attend today and wants to work with Members to find a conclusion 
to this crucial negotiation.  
4.261.   H.E. Dr. Majid Alkasabi, Minister for Commerce and Chairman of the Board of Di rectors for 
the General Authority for Foreign Trade of the Kingdom of Saudi Arabia , provided the following 
statement:  
4.262.   The Kingdom of Saudi Arabia believes that trade has been and will continue to be the main 
engine of inclusive growth, development, and pov erty reduction. In this respect, we are committed 
to move on the negotiating mandate agreed at the Eleventh  WTO Ministerial Conference and the 
Sustainable Development Goal target 14.6 on fisheries subsidies, we are looking forward to have  a 
balance and meaningful outcome in this regard ahead of the Twelfth  WTO Ministerial Conference, 
this is in one hand. On the other hand, we believe that the negotiations on fisheries subsidies should 
take into account the concerns and interests of each me mber very seriously in order to reach to a 
successful conclusion in this field.   
4.263.   Our understanding that flexibility can be shown in areas where there is a room for it (and 
this was really envisaged in many areas in the text from our side as an individual country and within 
the Arab Group), but in sensitive areas showing flexibility would not be attainable. In this regard, I 
would like to reiterate our well -known and clear position -in which many members shared with us 
the same views - regarding the deletion  of article 1.2 under the scope of the revised draft text. As 
we have already indicated in many occasions, the insertion of this sub -article adds a critical element 
of a horizontal nature, which will have systemic implications that goes beyond the scope of  fisheries 
subsidies negotiations. Dealing with non -specific fuel subsidy as currently said in the revised draft 
text is not the right way to move forward and to achieve a consensual outcome. Negotiations should 
focus only on disciplining specific subsidie s within the meaning of Articles 1 and 2 of the Subsidies 
and Countervailing Measures Agreement (SCM) and non -specific subsidies should be remained out 
of the scope.   
4.264.   Moreover, we recognize that small -scale and artisanal fishing are crucial for millions of  the 
people in the world. Therefore, there must be horizontal exclusion of artisanal and small -scale fishing 
without geographical limit for all members whether they are demanders or not. On special and 
differential treatment issue and based on the mandate fixed under the Ministerial Decision from the 
WTO's Eleventh  Ministerial Conference, and the UN Sustainable Development Goal Target 14.6, 
special and differential treatment for developing and LDC Members  is an integral part of the WTO 
fisheries subsidies n egotiation. With this understanding, we do not share the view aiming to limit 
the scope of S&DT and narrow it down to a certain segment of fishers in developing and LDC 
Members .  
4.265.   Given the very limited time we have in today 's meeting and the difficult dyna mics in the 
fisheries subsidies negotiations. We believe that this meeting should aim towards providing political 
direction and guidance on how to take the negotiations forward in light of the huge divergences 
among member 's positions, if we are to reach m utually advantageous and satisfactory conclusions 
as soon as possible. Maybe now is the right time to confront the issues hindering progress in an 
open and transparent manner. It is time to take stock and see whether our current approach and 
structure of d oing things in running fisheries subsidies negotiations is moving in the right direction 
and responding to member 's needs and interests.  In conclusion, the Kingdom of Saudi Arabia stands 
ready to work constructively with WTO Members towards successful outc omes in fisheries subsidies 
negotiations before MC12.  
4.266.   H.E. Mr. Mashimba Mashauri Ndaki , Minister for Livestock and Fisheries of the United 
Republic of Tanzania , provided the following statement:  
4.267.   It is agreeable that key component of special and differenti al treatment is for poor and 
vulnerable artisanal fishers in developing and Least Developing (LDC) Members. That being the case, TN/C/ M/41 
 
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  the Agreement, should allow us to develop national capacity to harness the resources of our virgin 
Exclusive Economic Zones (EE Z) and beyond responsibly for a sustainable blue economy. To achieve 
this irrespective of any outcome, the agreement has to contain requisite development policy space 
for developing and LDC Members . The United Republic of Tanzania stands ready for collecti ve 
responsibility to curb the marine depletion being triggered by harmful subsidies. It is high time now, 
members who have been providing excessive subsidies and with intensive industrial fishing scale, 
should also meaningfully commit to eliminate harmful subsidies.  
4.268.   Regarding the Chair 's text (TN/RL/W/276 /Rev.1), the United Republic of Tanzania is glad to 
note that some important elements are included in the draft. However, we have some observations 
and concerns to make as follows:  The exceptions as provid ed in Article 4.4 of which developing 
Members  will be allowed to subsidies for limited time and are confined to within 12 nautical miles. 
In this area, The United Republic of Tanzania and I believe this applies also to other developing and 
LDC Members , we argue for a more policy space, there should be a further exempt that we may be 
able to help our small -scale fishers to go and fish beyond 12 nautical miles within our EEZ provided 
that they are not engaged in IUU.   
4.269.   The concept of prohibition on subsidies concerning overfished stocks (Article 4), in our view 
is redundant upon effective implementation of prohibition on subsidies concerning Overcapacity and 
Overfishing (Article 5.1). Therefore, we propose Article 4 be removed from the text . In conclusion, 
the United Republic of Tanzania would like to reiterate her commitment for a conclusion of a 
meaningful outcome on fisheries subsidies before or during Twelfth  Ministerial Conference.  
4.270.   H.E. Mr. Ohad Cohen, Trade Commissioner of Israel , provided the following statement:  
4.271.   Today 's meeting is an important milestone as we move closer to delivering an outcome by 
MC12. While Fisheries represent a relatively small segment of our economy, Israel recognizes the 
importance of these negotiations, both in terms of its significant   environmental impact and its 
importance for the WTO. I would like to address the two questions posed by the Chair. On the first 
question, we view the latest revised draft consolidated text as a reasonable basis to consider for a 
potential lan ding zone. We note it contains most of the essential elements required, but we also 
recognize some considerable gaps remain. Nevertheless, Israel hopes that through the authorization 
we collectively seek from all Ministers, and for which Israel is prepared  to provide respectively - we 
can all negotiate with the flexibility required to narrow down the gaps and successfully reach an 
agreement.  
4.272.   On the second question , Israel acknowledges the importance of addressing harmful fisheries 
subsidies from the perspec tive of environmental sustainability and the simultaneous need to support 
vulnerable communities that depend on fishing for their sustenance. Therefore,  and without 
prejudice to Israel' s position on S&DT in other settings, Israel can agree that for the purpose of 
these specific negotiations, the key component of special and differential treatment may be reserved 
for poor and vulnerable artisanal fishers in Developing Country Members and LDC Members.  We look 
forward to hearing the views of other Members, as well as your views during today’s Ministerial 
meeting. Israel stands ready to continue our work during the second half of the year, leading up to 
MC12.  
4.273.   H.E. Mr. Muhammad Lutfi, Minister for Trade of Indonesia , provided the following statement:  
4.274.   As the la rgest Archipelagic Country, Indonesia attaches high importance to the negotiations. 
This negotiation is part of our commitments in pursuing the Sustainable Development Goals.  
Indonesia supports an effective discipline on fisheries subsidies before the MC1 2. The discipline is 
urgently needed as our ocean continues to deteriorate . I appreciate the latest Draft Chair’s 
Consolidated Text. It is my believe that some elements could become landing zones in an effort to 
reach an agreement. Nevertheless, we need to  lay significant efforts if we want this discipline to 
conclude before the MC12.  To this end, I have assigned my Ambassador in Geneva to fully engage 
with the negotiation.  
4.275.    I am confident that the negotiation in Geneva could strike the right balance in e nsuring 
common but differentiated responsibility. This principle will be critical in ensuring significant 
reduction of harmful subsidies which contribute to overfishing and overcapacity and efficiently 
eliminating subsidies for IUU Fishing.   TN/C/M/41  
 
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  4.276.   You also aske d on the key component of special and differential treatment. While we share 
the view that we need to protect the vulnerable artisanal fishers, we may have differences on what 
constitute artisanal fishers in each jurisdiction. Harmonizing such a term will not ensure symmetrical 
commitment among members. Hence, I am of the view that we should allow each jurisdiction on 
how to regulate such vulnerable artisanal and small -scale fishers.  Furthermore, we should also look 
at the fact that only less 20 percent of total global subsidies are received by artisanal and small -
scale fishers. Most of the subsidies are received by the distant water fishing vessel, operated by 
operators that work in highly complicated structure.  
4.277.    I do believe that this kind of fisheries sh ould be the priority target of the discipline. Many 
developing and LDC  Members are deprived from opportunity of fair trade in fisheries because they 
cannot compete in subsidies. And even if they can compete, as they catch closer to their shore, they 
will g et further hurdle with tariff in importing Member s that make it extremely difficult to compete 
with large subsidizing nation.   
4.278.    In light of this situation, we should objectively engage the negotiation and taken into 
account concern of every member. Only t hrough this, we can achieve a balance and acceptable 
discipline. This discipline is nothing like other trade discipline since it is aimed to ensure sustainable 
fisheries as part of attainment of overall sustainable development goals. In light of this, Indo nesia 
reiterates its view that this discipline should not detach from the development agenda of developing 
and LDC  Members, especially those who rely to artisanal and small -scale fisheries for local economy, 
food security and poverty alleviation.   
4.279.   The rep resentative of The Gambia , speaking on behalf of H.E. Mr. Seedy Keita, Minister for 
Trade, Industry, Regional Integration and Employment of The Gambia , provided the following 
statement:  
4.280.   My delegation aligns with the statement delivered by Mauritius on beha lf of the African 
Group, and the statements to be delivered by the ACP and LDC Group. Negotiations on fisheries 
subsidies at the WTO have been ongoing for more than two decades, and in that period, fish stocks 
have declined globally largely due to capacity  enhancing subsidies provided by some members. It is 
therefore in our shared interest to ensure that we reach a meaningful outcome that eliminates 
subsidies that contribute to IUU fishing and prohibit certain forms of subsidies that contribute to 
overcapac ity and overfishing.  
4.281.   In response to the specific questions posed for this meeting, I wish to assure you that my 
delegation remains committed to successfully concluding these longstanding negotiations by MC12. 
I must stress that any such outcome should not  only respect the SDG 14.6 and MC11 mandates, but 
also be meaningful enough to have a positive impact on the health and sustainability of our oceans.  
Though not perfect, the Chair 's revised draft text contains the basic elements of the landing zones 
necess ary to reach a conclusion. Therefore, my delegation recommends that after the summer 
break, the negotiations move to an intensive text -based phase to bridge the gaps in members ' 
positions. Our Mission in Geneva will participate actively in such a process w ith a view to ensuring 
that the final outcome is balanced, meaningful and in compliance with all aspects of the mandate. 
Our flexibility in the negotiations will be guided by these overarching principles.  
4.282.   Regarding special and differential treatment, yes,  we can agree that one of its key 
components is for poor and vulnerable artisanal fishers. Therefore, we welcome the deletion of the 
time limit in Article 5.5 of the Chair 's revised draft text and the proposed establishment of a voluntary 
WTO funding mecha nism to assist members implement the new disciplines. However, it is worth 
emphasizing that S&DT  is not just limited for artisanal fishing. Appropriate S&DT  is also required to 
enable members develop their fishing sectors and sustainably exploit their mari ne resources. So, to 
conclude, after more than twenty years of negotiations, this is the closest we have ever come to 
reaching an outcome. We should all build on this momentum and work towards a successful 
conclusion by MC12.  
4.283.   H.E. The Honourable Dan Tehan  MP, Minister for Trade, Tourism and Investment of Australia 
and the Vice Chair of the Twelfth WTO Ministerial Conference , provided the following statement:  
4.284.   I agree with the assessment that we have come far in these negotiations. It is vital that the 
long-overdue WTO fisheries subsidies negotiations are concluded,  and that the outcome effectively TN/C/ M/41 
 
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  disciplines harmful fisheries subsidies. Australia affirms its commitment to concluding negotiations 
as soon as possible ahead of MC12. To have been worthwhile, th e negotiations need to deliver a 
credible outcome – one that goes beyond preserving the status quo.  Achieving a meaningful outcome 
will require urgent, constructive engagement and willingness on all parts to find realistic text -based 
solutions in the next couple of weeks. We should all get behind the Director -General and Ambassador 
Wills and Heads of Delegation to make efforts to bridge differences. We should be clear in our 
directions.  We all need to be in a position to conclude as soon as possible, ideal ly by the end of July 
– a goal set by APEC Trade Ministers in their recent Ministerial statement.  
4.285.   Let me turn to Australia's positions, in addressing your first cluster of questions Australia  
will continue to engage flexibly and constructively based on you r current draft text. The basic 
elements necessary to reach conclusion are contained within the current draft text. We are not there 
yet but we should be able to get there if we come with the right approach. For that reason, I agree 
that we urge our delega tions, including importantly our heads of delegation, to engage in a process 
which is genuinely text based.  
4.286.   Moving to your second question, we acknowledge the rights of coastal members and 
recognise that some communities rely on fisheries resources to prot ect the livelihoods of their 
fishers. For that reason, we can work with the proposed approach of focusing special and differential 
treatment on subsidy programs for artisanal fishing, noting that securing a meaningful outcome 
overall would require that we agree: on the need to have strong disciplines to curb harmful fisheries 
subsidies to large -scale industrial fleets; to prevent incentivizing fishing outside our national 
jurisdictions through the use of fisheries subsidies; and to prevent incentivizing tha t fishing through 
unfettered carve -outs within national jurisdictions.  Australia is ready to do everything it can to 
successfully conclude these negotiations.  We are ready and willing to work with the Chair and the 
Director -General and we strongly urge al l other delegations to equally commit to achieving a 
negotiated agreement as soon as possible.  
4.287.   H.E. Mr. Bakhyt Sultanov, Minister for Trade and Integration of the Republic of Kazakhstan 
and the Chairman of the Twelfth WTO Ministerial Conference , provided t he following statement:  
4.288.   The fisheries subsidies negotiations represent a potentially pivotal opportunity for the WTO 
to demonstrate that the Organization is capable to develop new rules that will make a real -world 
impact on our economies and environment. T his gathering shows that negotiations moved to the 
political level. And we  should take decisive actions to achieve an agreement that will help conserve 
and sustainably use the ocean 's resources.  
4.289.   Today Kazakhstan joins other WTO Members who bring positive answers to two questions 
set up before us. First, we understand the crucial need to tackle harmful fisheries subsidies and 
reach the final agreement before MC12. In this regard, we firmly believe that all WTO Members 
together will achieve consensu s on issues that remain unsolved at this point.  Thanks to joint efforts 
of our Permanent Missions in Geneva, under the able chairmanship of Ambassador Wills, the current 
draft text contains the major elements of the landing zones for the achievement of a c omprehensive 
outcome on Fisheries Subsidies. In this view, active work and personal engagement of our Heads of 
Delegations should be strengthened in the coming few months.  
4.290.   Second, ensuring an effective Special and differential treatment for developing  and LDC 
Members  still requires further reflection. We should take into account the vulnerable artisanal 
communities in which fisheries might be the only source of income. I also would like to highlight that 
Kazakhstan, as a Global Chair of the Group of Landloc ked Developing Countries, associates with the 
statement made by the distinguished Ambassador of Mongolia on behalf of the Group of LLDCs in 
Geneva.  In conclusion, as the Chair of MC12, I hope that when we meet in Geneva in early 
December, we will deliver t angible outcomes for the global trading system, including establishing 
the new Fisheries Subsidies disciplines and delivering of the universally agreed Sustainable 
Development Goal 14.6.  
4.291.   H.E. Mr. Rodrigo Yanez, Vice Minister for Trade of Chile , provided th e following statement:  
4.292.   There is no doubt that today we are facing a huge challenge in concluding this complex 
negotiation, but never before we have come so close to reaching an agreement in this two -decade 
long negotiation. We have to reaffirm our individu al and collective commitments to promptly TN/C/M/41  
 
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  conclude this negotiation, because it is critical for the future of the WTO. There is more at stake than 
the sustainability of marine resources.  
4.293.   We see today's meetings as a confidence building exercise. We have to  be able to finish the 
negotiations in the upcoming months if we want to have a successful MC12 that will already address 
difficult challenges that our planet is facing, particularly the WTO 's response to the pandemic, as 
well as to start discussing the pe nding agriculture liberalization and the much -needed  reform of our 
organization to prepare it and make it relevant for the 21st Century economy. During today's 
meeting, we should send a strong political call to rapidly conclude this negotiation before MC12 . The 
world is watching us, and we cannot fail again in complying with the mandate given by our Leaders 
contained in the 2030 Sustainable Development Goals.  
4.294.   On your first question Chile says yes.  The text prepared by the Chair, to whom we 
congratulate and thank for bringing us to this important point, is the basis for the final stage of the 
negotiations. To achieve a meaningful and balanced outcome before MC12, we must be able to 
effectively prohibit fishery subsidies that contribute to Illegal, Unreported and Unregulated fishing,  
and tackle those harmful subsidies that contribute to overfishing and overcapacity. Secondly, we 
must curb subsidies given to industrial fleets, which account for 80% of total harmful fishery 
subsidies. Thirdly, we must prohibit subsidies targeted to long distant water fishing. Lastly, we must 
also strengthen our transparency and notification obligations.  
4.295.   We recognize that those elements are in the latest draft, however, we also see some 
troubling e lements which we need to work out to achieve our goal. Let me emphasize that this 
instrument cannot become a tool to legitimize the status quo nor to perpetuate existing harmful 
practices. With regard to question 2, Chile agrees that our overall objective in this negotiation 
requires a particular approach for special and differential treatment in which "artisanal, low income, 
resource -poor and livelihood fishing or fishing related activities " should be a key component. We 
need to promptly achieve in the neg otiation the right balance between flexibilities given to big 
subsidizers and the required S&DT, to effectively comply with our mandate.  
4.296.   The representative of Honduras , speaking on behalf of H.E. Mr. David Alvarado, 
Undersecretary for Economic Integration  and Foreign Trade for the Ministry of Economic 
Development of Honduras , provided the following statement:  
4.297.   Honduras reiterates its firm commitment to concluding the fisheries subsidy negotiations 
before the Twelfth  Ministerial Conference and can confirm th at the current draft text contains some 
of the basic elements required to reach a conclusion. There are clearly many issues that remain to 
be discussed, which is why detailed technical work together with the political will of all Members will 
enable us to move closer together and bridge existing gaps with a view to achieving the outcomes 
required in respect of a global public good. One such outcome is the protection of the ecosystems 
of the world's oceans.  
4.298.   We wish to reiterate that Honduras, as a developing  country with a small and vulnerable 
economy, gives priority to the principle of appropriate and effective special and differential treatment 
for developing and LDC Members  that goes beyond the granting of extended deadlines and technical 
cooperation. Spec ial and differential treatment forms an integral part of our negotiating mandate 
and we share the view held by many other Members that small scale subsistence fishing and artisanal 
fishing should be excluded from these disciplines. In Honduras, this type o f fishing is one of our 
development priorities, in the same way as poverty reduction, the promotion and defence of 
employment, means of subsistence and food security, etc. In light of the foregoing, Honduras 
considers it vital that the special circumstance s surrounding subsistence, artisanal and small -scale 
fishing be recognized.  
4.299.   Honduras shares and supports the principle of shared but differentiated responsibility, 
through the creation of a regulatory discipline effective against those who subsidize the mo st. We 
also believe that a concerted effort by all Member s to discipline fuel subsidies is crucial if we want 
to collectively honour the commitments undertaken. Furthermore, we welcome the steps taken by 
the Director -General to create a funding mechanism t hat will serve to coordinate and finance the 
provision of technical assistance to help us adapt our fisheries systems, so that we can comply with 
the rules and also take proper advantage of the flexibilities. Lastly, Honduras reaffirms its 
willingness, com mitment, responsibility and readiness to work actively with all the Members of this TN/C/ M/41 
 
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  Organization to meet the set objectives and achieve a balanced agreement that responds to the 
needs and aspirations of the entire Membership.  
4.300.   The representative of Kenya,  speaking on behalf of H.E. Ms. Betty Maina, Cabinet Secretary 
for Industrialization, Trade and Enterprise Development of Kenya , provided the following statement:  
4.301.   I align with the statements that have been issued by the Hon. Minister of Jamaica on behalf 
of the ACP Group and the Hon. Minister of Mauritius on behalf of the African Group. Kenya is 
committed to not only the conclusion of these protracted negotiations, but also to an outcome that 
reflects the aspirations of Target 14.6 of the 2030 Agenda for Unit ed Nations Sustainable 
Development Goals, of disciplining fisheries subsidies, while taking into consideration special and 
differential treatment for developing and LDC Members . In that regard, I wish to register my 
appreciation for the work of the Negotiating Group on Rules under the leadership of Ambassador 
Santiago Wills of Columbia. The 30 June consolidated draft text is testimony to the tremendous work 
undertaken thus far. This draft has considerable improvements from the previous drafts, signif ying 
meaningful progress towards the conclusion of these negotiations.  
4.302.   The Fisheries negotiations epitomize the "mutual supportiveness of trade and environment '' 
and it behoves us to ensure we get an outcome that is good for our economic development whilst  
honouring our commitment to planet earth.  In addition, the blue economy has a pivotal role in the 
achievement of many Members ' development aspirations. Kenya is a fervent proponent of the Blue 
Economy, and as host of the 2018 Global Sustainable Blue Econo my Conference, we consider that 
concrete outcomes from the negotiations at the WTO as integral to the global Blue Economy agenda.  
4.303.   While the draft consolidated text is comprehensive and contains some elements that are 
necessary to conclude the negotiations,  we are concerned that the text still has other significant 
elements in brackets. We are therefore sparing no efforts in making our contribution to bridging the 
gaps and finalise this process. We are, however, cognizant of the differences in positions take n by 
Members with respect to the outstanding contentious issues, and the attendant sensitivities. To that 
end, we are prepared to continue exercising flexibility, as we have always done, to conclude these 
negotiations, on the understanding that the process  and eventual outcome is in line with the 
mandate prescribed by Target 14.6 of the SDGs.   
4.304.   In light of the aforementioned, we would like to emphasize the following elements which we 
view as integral to the conclusion of these negotiations: Respect for the principle of proportionate 
burden and responsibility - sharing; Exclusion of artisanal and small -scale fishing from the discipline; 
Precise, effective and operational Special & Differential Treatment provisions that go beyond 
transitional period and technic al assistance and capacity development; and Transparency and 
notification obligations that are not unduly burdensome or onerous . In conclusion, I would like to 
reassure you of our commitment to successful conclusion of the fisheries subsidies negotiations.  We 
have no doubt that a breakthrough in this area will revitalize the Doha work program and enable 
the WTO to reclaim its indispensable role as the fulcrum for global trade rulemaking.  
4.305.   H.E. Dr. Jerome Xavier Walcott, Minister for Foreign Affairs and Forei gn Trade of Barbados 
and Vice Chair of the Twelfth WTO Ministerial Conference , provided the following statement:  
4.306.   Like other small island developing states, Barbados is susceptible to the sequelae of climate 
change and its concomitant degradation of our lan dscape, our coastline and our marine resources.  
As a result, we are acutely aware of what it means to be environmentally vulnerable.  Barbados has 
therefore fully embraced the need to shift to more sustainable pathways in order to conserve and 
protect our  land and ocean spaces.  Hence, we are deeply invested in framing the discourse 
surrounding climate change, the environment and sustainability at the national, regional and 
international level.   
4.307.   The ocean or blue economy is one of the core tenets that wil l drive Barbados ' economic 
diversification and our efforts, at attaining our sustainable development objectives. It is therefore 
critical for us at the international level, if we are able to come up with the right combination of 
elements, the conclusion of  a WTO agreement on fisheries subsidies, could serve as one of our 
collective contributions to fulfilling the goal of eliminating the type of subsidies that contribute, to 
the wholesale overfishing that has unfortunately characterised the state of our ocea ns today.  TN/C/M/41  
 
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  4.308.   There is already a well -defined body of law at the international level which governs all 
activities and uses of the world's seas and oceans, as well as agreements governing fisheries 
management.  These, we understand, fall outside of the rubric of the WTO.  We have no desire to 
change this.  
4.309.   Barbados is of the view that the Revised Consolidated Chair 's Text includes most of the 
necessary elements for reaching an agreement on fisheries subsidies in accordance with the 
mandates set by Heads of State  and Government in target 14.6 of the Sustainable Development 
Goals and, at the eleventh WTO Ministerial Conference (MC11).  If the WTO is to reach consensus 
on a fisheries subsidies agreement by MC12, further work will be  required to obtain an agreement,  
that would allow us to ensure that the disciplines, target those granting subsidies that contribute 
most to what has been characterised as "unsustainable fisheries stocks ", while at the same time 
ensuring that those who either do not contribute to overcap acity and overfishing, or whose impact 
is too miniscule to contribute to the overall problem, are not held responsible for the actions of those 
others.  
4.310.   In the general scheme of things, Barbados may be considered as a small WTO Member.  
While we may agree w ith this characterisation based on our physical size, this should in no way be 
taken to mean that we are expendable, or that our views and interests, particularly when 
compounded by our current realities and the peculiar nature of our fisheries, should be disregarded.  
In addition to expressing our national views in the negotiations, we have also used the CARICOM 
and OACP Groups to amplify our voice.    
4.311.   The principle of proportionate responsibility is well -recognised and commonplace, in 
international negoti ations concerning climate change and other issues relating to the environment.  
It is manifested in the polluter -pays principle as well as common but differentiated responsibilities 
and respective capabilities in these fora.  The science and data clearly s uggests that large -scale 
industrial fishing bears the brunt of the responsibility for the deplorable state of the global fisheries 
stocks and that such activities are fuelled by subsides.   
4.312.   For us it is unacceptable, to allow the status quo to be instituti onalised in the agreement, 
under the guise of sustainability.  Barbados does not engage in large -scale industrial fishing and 
cannot be considered by any stretch of the imagination to be a subsidiser of any significance.  In 
fact, my country 's share of glo bal marine capture fisheries production, in terms of metric tons, has 
consistently been infinitesimal.  Barbados maintains its call for special and differentiation treatment, 
which is mandated, through an exemption for Members whose share of global marine capture 
fisheries production, is below a defined de minimis level within the overcapacity and overfishing 
section, of the agreement.  
4.313.   This collective proposal from CARICOM and the OACP, has been on the table for over a year, 
but is not in the text. Such an d exception should be without a time -bound condition, as it is by 
definition bound to a limit above which it will not apply.  Adjustments would also need to be made 
to the notification and transparency elements of the text, to ensure that the beneficiaries  of such a 
provision will be able to effectively utilise it; as well as to reduce the exposure of small developing 
countries like ours.  
4.314.   Barbados is supportive of an exemption for artisanal, and small -scale fishing within a coastal 
member 's Exclusive Econo mic Zone.  There however, continues to be concerns regarding the term 
"low income, resource -poor and livelihood fishing " to define these kinds of fishing given that in the 
agriculture discussions WTO Members have struggled for years to define the term "low -income, 
resource -poor".     
4.315.   Barbados appreciates the work that you have done regarding the technical assistance and 
capacity building element of the text. However, this is an issue which will also require further 
consideration.  We have found that oftenti mes organization s and Members  that offer technical 
assistance and capacity building utilise per capita income criteria to assess the beneficiaries of such  
assistance.  This has meant that because of our relatively high income per capita, countries like 
Barbados are unable to access technical assistance and capacity building and other forms of 
concessional arrangements at the national level, thereby placing us in a disproportionate position 
vis-à-vis other WTO Members as we try to fulfil our commitments unde r the respective agreements.  TN/C/ M/41 
 
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  4.316.   The amendments that are necessary to balance the mixture of elements that will take us to 
consensus, on an agreement by MC12 are doable and pragmatic.  We trust that our Ambassadors 
and their technical teams in Geneva can get t his done. Let me assure you that Barbados will employ 
the necessary political will to ensure that we conclude a balanced agreement which will ensure the 
conservation and protection of our vital fisheries resources. We count on other WTO members to 
also pla y their role to this end.  
4.317.   H.E. Mr. Kodjo Adedze, Minister for Trade, Industry and Promotion of Local Consumption of 
Togo, provided the following statement:  
4.318.   Regarding the first question, it should be recalled that many reports do indeed indicate that 
we are  facing the global depletion of fisheries resources due to the negative impact of subsidies on 
fish stocks, in particular subsidies provided by the main countrie s engaged in industrial and large-
scale fishing in distant waters. Mindful of this alarming sit uation, we firmly believe that there is an 
urgent need to conclude an agreement on fisheries subsidies before the Twelfth  Ministerial 
Conference (MC12), but also in light of the expectations related to Target 14.6 of the United Nations 
Sustainable Developm ent Goals (SDG), which addresses subsidies harmful to fisheries. We should 
not, however, confuse speed with haste, since for our countries, which practi ce nothing but artisanal 
and small -scale fishing, there can be no question of accepting an agreement at any cost.  
4.319.   We believe that the current text presented by the Chair of the Negotiating Group on Rules 
contains the basic elements that will enable Members to reach the minimum level of consensus 
required to conclude an agreement. In our view, however, the text remains imbalanced and needs 
to be improved. To this end, my country, Togo, is prepared to give its Permanent Representative to 
the WTO full powers to contribute to the flexibility required in the context of the groups of which it 
is a me mber, with a view to concluding the negotiations.  
4.320.   With regard to the second question, we are of the view that this agreement should contain 
special and differential treatment provisions as we discussed at the last meeting. Furthermore, the 
Ministerial Deci sion of 2017 and SDG Target 14.6 clearly indicate that appropriate and effective 
special and differential treatment for developing and least developed country Members should form 
an integral part of these fisheries subsidies negotiations. In terms of subst ance, special and 
differential treatment should not be limited to poor and vulnerable artisanal fishers in developing 
and LDC Members. It must go beyond that since we need policy space to develop and strengthen 
our fisheries sectors.  
4.321.   H.E. Ms. María Luisa H ayem, Minister for Economy of El Salvador , provided the following 
statement:   
4.322.   Sustainable trade remains an essential tool for economic and social development for all, and 
I therefore reiterate El Salvador's commitment to a fair and rules -based multilateral trading system 
that responds to the economic challenges arising from the health crisis.  We are here to address an 
issue of environmental sustainability, which transcends the issue of trade and has a direct impact 
on the conservation of our sea s and the sustainability of our fisheries resources. Hence, it is 
important to comply with the provisions of SDG target 14.6.  
4.323.   We are all aware of the alarming condition of our oceans, owing to illegal, unreported and 
undocumented fishing and overfishing. A ccording to the FAO, one third of commercial fish stocks 
are subjected to biologically unsustainable levels of fishing and world capture fisheries production 
has reached record levels in recent years.  While we must make a collective effort to find a soluti on 
to this problem, it is necessary to recognize the asymmetries among Members in terms of both world 
marine capture and the levels of harmful subsidies that are being granted.  I therefore reiterate the 
importance of reaching an agreement on fisheries subs idies that is balanced and takes into account 
these asymmetries.  Although the latest version of the consolidated text raises some sensitivities for 
El Salvador, which have been repeatedly highlighted, we can work on this basis and continue to 
negotiate unt il we reach a balanced outcome, which takes into account the interests of all Members.  
4.324.   I wish to conclude by reiterating the importance of effective special and differential 
treatment, without burdensome obligations, for developing and LDC Members , especia lly those with 
a low world marine catch share and that do not grant harmful subsidies, as is the case in El Salvador.  
It is crucial for my country to have the policy space to allow us, on the one hand, to implement the TN/C/M/41  
 
- 45 - 
 
  disciplines emerging from these negot iations and, on the other, to promote the development of the 
fisheries sector and guarantee the livelihoods of artisanal fishers, in accordance with the Trade and 
Investment Policy 2020 –2050 and the Master Plan for Agricultural Recovery.  
4.325.   In light of the ab ove, El Salvador considers it necessary to maintain the flexibilities 
throughout the text, including those applicable to the exclusive economic zone and the zones 
regulated by RFMOs. In addition, my country supports flexibilities for small -scale and subsis tence 
fishing and food security.  Technical assistance and capacity building will be vital for us, which have 
limited resources, to implement the measures of this Agreement, and we therefore welcome the 
establishment of the WTO fund.  
4.326.   H.E. Mr. Besart Kadia, Deputy Minister for Finance and Economy of Albania , provided the 
following statement:  
4.327.   Let me emphasise from the outset that Albania fully support s the efforts made so far to bring 
forth the negotiations in order to meet both mandates from SDG target 14.6 a nd from the Eleventh  
Ministerial Conference of WTO establishing a clear prohibition on subsidies that harm the 
sustainability of fisheries. We consider that the revised draft consolidated chair text 
(TN/RL/W/276/Rev.1) presents a solid basis to find common  ground and build consensus on the 
remaining issues in the text.  
4.328.   Albania remains committed to promote responsible and sustainable fisheries and in this 
context,  we deem it important to ban subsidies for vessels or operators of vessels engaged in illegal, 
unreported and unregulated (IUU) fishing that contribute to excessive and irresponsible use of 
marine resources. As the fisheries remain an important source of food, nutrition, income and 
livelihoods, the support for the fishing sector is to be considered also within the mandate of 
Sustainable development Goal - SDG 14.6 target that recalls for appropriate and effective special 
and differential treatment ( S&DT ) especially for developing and LDC Members . Therefore, the S&DT  
has to be an integral part of this  agreement.  
4.329.   Regarding the questions posed to us for framing the discussions, for the first question I can 
confirm that for my country the basic elements of the landing zones necessary to reach a conclusion 
are contained within the current draft text, and at the same time I can affirm that my country 's Head 
of Delegation in Geneva is authorized to contribute to the flexibility needed to conclude the 
negotiations.  
4.330.   Concerning the second question, that is mostly referred to the divergent views on Article 5.5 
of the text, on how the special and differentiated treatment is considered, we can agree that the 
special and differential treatment is a key component for poor and vulnerable artisanal fishers, but 
also for small -scale fishing, in developing country Membe rs and LDC Members alike. To this reason 
we support ALT 1 of article 5.5. in the revised draft consolidated chair text TN/RL/W/276/Rev.1.  
4.331.   We are fully aware that the fishing sector requires support, including also the renewal and 
modernization of the fishi ng fleet and in this regard, the allowance of subsidies has to be evaluated 
in correlation with the sustainability of fishing. This balance is of outmost importance also while 
taking into account the development of the responsible and sustainable fishery s ector. Also, Albania 
supports the position expressed by different member states, that the taxation policy on fuel for 
fishing or fishing related activities is the sovereign right of each member state.  
4.332.   Therefore, we consider that is essential to maintain th e possibility of granting subsidies to 
this aim, obviously being subject to strict observance of the requirements for fish protection and 
preservation, as well as for maritime safety and environment protection, without increasing fishing 
effort.  Obviously , reaching the consensus on the revised consolidated text in front of us will 
represent a major achievement for WTO as we approach to the 12 Ministerial Conference later this 
year and obviously will serve to increase the credibility of WTO and send a stron g and clear message 
for the irreplaceable WTO 's role for the rules -based multilateral trading system globally.  TN/C/ M/41 
 
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  4.333.   H.E. The Honourable  Mary Ng, MP, Minister for Small Business, Export Promotion and 
International Trade of Canada , provided the following statemen t:  
4.334.   Let me just begin with Canada 's answers to both questions: yes and yes. With respect to 
the first question, Canada believes that the Chair 's draft consolidated text contains the basic 
elements of the landing zones for a meaningful agreement. While disc rete elements still need to be 
negotiated, the text lays the groundwork for agreeing on strong and effective disciplines to prohibit 
certain forms of subsidies and sets obligations on notification and transparency: The IUU fishing 
pillar targets and prohib its the worst form of harmful subsidies. Both pillars – on overfished stocks 
and on overcapacity and overfishing – respect that sustainable fishing is possible in the context of 
subsidization, provided fisheries management measures are implemented to suppo rt the 
sustainability of fish stocks. This is consistent with our broader sustainability mandate to prohibit 
harmful subsidies.  
4.335.   For Canada, a meaningful agreement is one that also contains effective obligations on 
dispute settlement. On top of that, strong  and effective disciplines on subsidies for high seas fishing 
are important in order to address the global overcapacity and overfishing problem. Canada is also 
committed to upholding human rights and international labour standards. Going forward, we would 
be supportive of the inclusion of effective provisions that will address the problem of forced labour 
on fishing vessels.  
4.336.   Canada has been fully committed to these negotiations, putting forward proposals and 
engaging in dialogue with other members here and  through our work in the Ottawa Group. 
Ultimately, Canada believes that an agreement ahead of MC12 is possible but it will require members 
to demonstrate flexibility, good will, and cooperation. Looking ahead, Canada will continue to 
contribute and remain flexible in order to reach an agreement, provided that the final agreement 
remains true to the underlying premise of SDG 14.6 that subsidization must not compromise 
sustainability.  
4.337.   With respect to the second question, Canada agrees that special and differe ntial treatment 
for poor and vulnerable artisanal fishers in developing country members and LDC members should 
be a key component of the agreement. In terms of our approach to S&DT, our preference has been 
to match special and differential treatment flexib ilities to Members ' specific needs, and we have 
heard members convey the particular challenges of subsistence, artisanal, and small -scale fishing. 
As such, we have been open to exploring potential approaches for dealing with the unique context 
of poor and vulnerable artisanal fishers in developing and LDC Members .  
4.338.   But we have also noted that if we are to deliver on our mandate in SDG 14.6, the agreement 
must not undermine or compromise our shared sustainability objectives. Reaching an agreement 
with respec t to S&DT more broadly may require some innovative thinking, given that a number of 
developing members are among the largest providers of harmful subsidies,  though we remain 
positive on a successful future agreement.  
4.339.   Colleagues, we had a very important dis cussion today. Our collective effort to reach a 
meaningful outcome on fisheries subsidies, but we still have a lot of work to do, which is why we 
should continue to push hard to reach a meaningful outcome on fisheries subsidies ahead of MC12. 
I appreciated  the opportunity to convey Canada's hope on these negotiations and to hear from those 
around the virtual table.  
4.340.   Reaching an agreement and delivering on SDG 14.6 will help support the livelihoods of 
countless millions that depend on sustainable fisheries. O n top of this, a successful conclusion to the 
fisheries subsidies negotiations will also support the rules -based international trading system. 
Canada believes we have a consolidated text that is a good basis on which we can reach an 
agreement. It 's importa nt to get there, and I know we can.  
4.341.   In order to do so, and to close gaps on a consolidated text by MC12, we strongly encourage 
members to demonstrate flexibility and collaborate and negotiate with the end goal of mutually 
beneficial compromise. This can ha ppen by MC12 but we need to do this together. As I indicated 
earlier today, Canada is ready to demonstrate flexibility positions provided that the final agreement 
remains true to the underlying premise of SDG 14. Canada will continue to engage with all mem bers 
to reach an agreement as soon as possible ahead of MC12.  TN/C/M/41  
 
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  4.342.   H.E. Ms. Assome Aminata Diatta, Minister for Trade and SMEs of Senegal , provided the 
following statement:  
4.343.   Today's meeting is an opportunity for us, Ministers, to reiterate our commitment to the 
conclusion of an ambitious agreement on the elimination of subsidies that contribute to illegal, 
unreported and unregulated (IUU) fishing and those that contribute to o vercapacity and overfishing. 
We agree with you  that despite Members' international obligations and their continued efforts to 
promote responsible and sustainable fisheries, including addressing problems related to illegal and 
unsustainable fishing, the sta te of stocks has continued to deteriorate while unsustainable fishing 
continues.  
4.344.   It is clear that fisheries management has its limits and cannot form the basis for ambitious 
disciplines on fisheries subsidies at the World Trade Organization. Senegal remain s convinced that 
the WTO's contribution to the sustainability of fisheries resources lies in the clear and simple 
prohibition of subsidies that increase fishing capacity and activity, with appropriate special and 
differential treatment for developing and LDC Members  that need it. However, in order to reach a 
conclusion to these negotiations this year, after two decades of discussions, Senegal is ready to 
make compromises, taking into account our fundamental concerns as described below.  
4.345.   Firstly, the ex clusion of artisanal fishing from fisheries subsidies disciplines is necessary. We 
welcome the amendments to Article 5.5(b) in this regard. However, work remains to be done to 
ensure that this vulnerable category of fishers is not adversely affected by the  disciplines. Secondly, 
Senegal considers fisheries management as a prerogative of the State in accordance with its 
international commitments and national law. In this regard, the content and scope of the 
demonstration referred to in Article 5.1.1 of the c urrent text should be clarified. Senegal has already 
made textual proposals in this direction and remains available to engage on these bases with 
Members.  For my delegation, the final agreement on fisheries subsidies should include these two 
elements. To c onclude, I would like to reaffirm Senegal's commitment and flexibility to work towards 
an agreement on fisheries subsidies that is balanced and respectful of international and national 
laws of the sea and the sovereignty of Members.  
4.346.   H.E. Mr. Rogelio Mayta,  Minister for Foreign Affairs of the Plurinational State of Bolivia , 
provided the following statement:  
4.347.   The situation of fisheries and many other issues at the WTO are essentially a shared 
responsibility of all Member States. We note with regret that the le vels of fisheries subsidies have 
been maintained for these 20 years since the launch of negotiations in 2001 at the Doha Ministerial 
Conference. These subsidies have had, and continue to have, a negative impact on sustainable 
development and the sustainabl e use of the oceans and their resources. They contribute to 
overcapacity and overfishing, which in turn threaten the integrity of marine ecosystems, deepening 
the problem of global climate change. Everything forms a chain, we are all connected, and to 
minimize the negative effects on Mother Earth is to take care of ourselves.  
4.348.   Effective regulation of illegal, unreported and unregulated (IUU) fishing and the prohibition 
of certain forms of subsidies are essential to avoid trade distortions. However, it must t ake into 
account appropriate and effective special and differential treatment for developing and LDC 
Members . 
4.349.   Bolivia, as a landlocked developing country (LLDC), faces many challenges, not only in 
transport, storage and distribution costs but also in terms  of dependency on our neighbours, which 
stems from the situation of seclusion, and it is our duty to safeguard our interests as an LLDC. We 
therefore reaffirm that these negotiations must include the concerns of all Member s, and we believe 
that we can make  a positive contribution to the integration and conclusion of the agreement. Hence 
we thank Mongolia for the proposal put forward for the inclusion of LLDCs in the text of the 
agreement, which we fully support.  
4.350.   The COVID -19 pandemic has clearly devastated the economies of many developing and LDC 
Members . In the case of LLDCs, the impact of the pandemic is compounded by the particular situation 
of being geographically enclosed. Multilateralism must take steps to move towards economic 
recovery, and organizati ons such as the WTO should serve as forums for consultation in this regard.  
I take this opportunity to ask Members for their real commitment and political will to show the TN/C/ M/41 
 
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  necessary flexibilities to move forward in these and other discussions that are taki ng place at the 
WTO. As is the case with the TRIPS waiver negotiations to address the pandemic, releasing patents 
for access to vaccines and medicines to control and tackle COVID -19 is an urgent need.  
4.351.   We cannot allow another 20 years to pass in negotiation s on these topics of major global 
importance, or allow delays and lack of political will in many cases to prevent the world's peoples 
from exercising and guaranteeing their right to health, from taking care of ecosystems, and from 
making progress towards f airer treatment that will enable the development of our peoples and 
achieve the goals of the 2030 Agenda. We reiterate Bolivia's commitment to fulfilling the WTO's 
mandates and once again request Members to demonstrate their flexibility to reach consensus before 
the Twelfth  WTO Ministerial Conference.  
4.352.   The representative of Guatemala , speaking on behalf of H.E. Ms. Alba Edith Flores de Molina, 
Vice Minister  for Integration and International Trade for the Ministry of Economy of Guatemala , 
provided the followi ng statement:  
4.353.   Regarding your first question, I would like to reaffirm Guatemala 's commitment to 
successfully finalizing the fisheries subsidies negotiations before the end of this year. I 'm in close 
contact with our delegation in Geneva and there should be  absolutely no doubt that we are ready to 
continue contributing and showing the necessary flexibility to conclude these negotiations. I also 
would like to take this opportunity to remind WTO Members that, after concluding these negotiations, 
not all of us will be departing from the same starting point. In the case of Guatemala, our fisheries 
sector is undeveloped and our actual fisheries fleet does not represent a threat to the sustainability 
of the fish population. Guatemala' s fishery sector is not ins a s ituation of overcapacity and it is not 
currently providing any fisheries subsidies. This is reflected in our current share of total global catch, 
which is only 0.02%.  
4.354.   Therefore, for Guatemala is of utmost importance to maintain certain appropriate policy 
space, which might be necessary to support our fisheries in the future within the parameter of 
sustainable development and, for this purpose, Guatemala would insist in the provision of certain 
exceptions to artisanal fisheries in the pillar of overcapacity  and overfishing, as well as the possibility 
of providing subsidies that contribute to the sustainability of the fish populations.  
4.355.   Regarding your second question, Guatemala agrees that a key component of special and 
differential treatment is for poor and vulnerable artisanal fishers in developing country Members and 
LDC Members. Any inclusion of a specific treatment for a category of fishermen should take in 
consideration the main objective of this agreement. As you may recall, Guatemala has been 
advocatin g for an exception from some of the disciplines for fishing activities that would take place 
in the territorial sea, as they are mainly performed by artisanal fishermen. In contrast, Guatemala 
has not sought, and it is not seeking an overall exclusion of t his sector from the disciplines of the 
agreement. In particular, Guatemala is convinced that there should be no exceptions for the 
prohibition of subsidies on illegal, unreported and unregulated fishing.  
4.356.   Furthermore, on overcapacity and overfishing, Guate mala believes that the exception that 
would allow subsidization of artisanal fishermen within the territorial sea is necessary and should 
not be time -bound. We are particularly pleased to observe that the current revised text, includes 
these characteristic s in both of the alternatives for an article on special and differential treatment. 
Our expectation is that such special and differential treatment be maintained in the final agreement.  
4.357.   H.E. Dr. Sarquis José Buainain Sarquis, Vice Minister f or Foreign Aff airs for Foreign Trade 
and Economic Affairs of Brazil , provided the following statement:  
4.358.   Each year, governments spend an estimated USD 22 billion on capacity -enhancing subsidies 
that artificially lower fishing costs. Consequently, the percentage of fish s tocks within biologically 
sustainable levels has dropped continuously, and now more than one -third of fish stocks in the 
oceans are overfished. This deterioration has a serious impact on the livelihoods of millions of people 
who depend on fishing resources . Guidance for action is already available in the WTO´s guiding 
principles, in the negotiating mandate agreed at the Eleventh  WTO Ministerial Conference and in the 
Sustainable Development Goal 14.6 of the Agenda 2030. What we need now is a collective polit ical 
will to act accordingly.  TN/C/M/41  
 
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  4.359.   Brazil can reaffirm its commitment to conclude the fisheries subsidies negotiations as soon 
as possible and ahead of MC12. For that to happen, we, WTO Members, need to move much faster. 
There must be a genuine effort to find landing zones, without compromising sustainability. We should 
act with a sense of urgency, contributing to enhance the WTO and its role in sustainability as we 
prepare for COP -26 on climate and COP -15 biodiversity.  We believe that the latest revision of th e 
Chair´s text contains most of the basic elements necessary to guide us to the appropriate landing 
zones. As we enter the next phase of the negotiations, it will also be necessary to consider 
complementary approaches to effectively curb the global quantum  of subsidies, so as to achieve 
credible and concrete outcomes.  
4.360.   Brazil and other Members have proposed mechanisms to reduce and cap fisheries subsidies, 
in order to complement the core prohibitions and to ensure a high level of sustainability. Brazil is 
fully open to work in our proposal as well as alternative approaches in order to incorporate this idea 
in the text on a consensual basis. We also assure you that our Permanent Representative in Geneva 
has always been fully authorized to contribute and to be  flexible in order to conclude the 
negotiations.  
4.361.   Regarding special and differential treatment provisions, Brazil supports demands for 
temporary, individualized special and differential treatment, justified by the needs of the Member in 
question and condit ional on the fulfilment of notification obligations. We should avoid, however, 
horizontal, permanent and automatic exceptions, particularly to subsidies to illegal, unreported and 
unregulated fishing, as well as to those related to overfished stocks and ov erfishing and 
overcapacity. Otherwise, we risk creating carve -outs that may lead to further deterioration of fish 
stocks. We are, in any case, willing to try the approach suggested by the Chair. If a compromise on 
special and differential treatment for poo r and vulnerable artisanal fishers in developing and  LDC 
Members  is enough to bring us over the finishing line, we could take a closer look at the draft 
language.  
4.362.   H.E. Mr. Mmusi Kgafela, Minister for Investment, Trade  and Industry of Botswana , provided 
the following statement:   
4.363.   According to the mandate given under the WT O's Eleventh Ministerial Conference Declaration 
and the United Nations Sustainable Development Goal 14.6, an agreement under this discipline was 
envisa ged to be completed in 2020. However due to unforeseen circumstances, including the 
outbreak of C OVID -19 Pandemic, this was not feasible. It is thus imperative that Member States find 
a level playing field in these negotiations ahead of the upcoming Twelft h Ministerial Conference. As 
we all work towards achieving the elimination of subsidies given for Illegal, Unreported and 
Unregulated (IUU) fishing and the prohibition of certain forms of Fisheries Subsidies that contribute 
to overcapacity and overfishing with Special and Differential Treatment for developing and LDC 
Members , it is also noteworthy that policy space to develop our fisheries sectors should explicitly be 
provided for.  
4.364.   It is my considered view that we have reviewed the draft revised text develo ped and 
circulated to all of us.  I wish that by the end of this meeting we should have reached a compromise 
position. We cannot afford to miss this opportunity to deliver an agreement at the upcoming 
Ministerial Conference, after two decades of negotiatio ns. My delegation remains committed to 
supporting the process and we believe that finding landing zones for possible compromise will help 
us deliver on this mandate. As I conclude, let me re -assure you and your team of our commitment 
and support to advanci ng the work of the WTO and without no doubt, that of the African Group.  
4.365.   H.E. Mrs. Tatiana Clouthier Carrillo, Minister for Economy of Mexico , provided the following 
statement:  
4.366.   The eyes of the world are on our Organization and our ability to fulfil the mand ate given to 
us. The outcome will lay the foundations for an effective relationship between trade and 
sustainability. We hope to contribute, together with all of you, to providing the decisive impetus that 
will contribute to an early and successful conclus ion. For this reason, in response to the questions 
raised for this meeting, I am pleased, first of all, to reaffirm my country's commitment to concluding 
the negotiations as soon as possible. Our Permanent Representative in Geneva will therefore 
continue t o make a decisive contribution to addressing the outstanding issues in these discussions, 
in line with our mandate and the interests of our delegation.  In this regard, we consider that even if TN/C/ M/41 
 
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  the consolidated text of 30 June contains elements that reflect  the level of disagreement in positions, 
it represents a solid basis that will allow us, if we all show the necessary flexibility, to find the points 
of convergence that are essential for concluding the negotiations.   
4.367.   In addition, I think it is important t o highlight the central elements that are important for 
Mexico: Firstly, prohibiting certain forms of fisheries subsidies that contribute to overcapacity and 
overfishing, as well as eliminating subsidies that contribute to illegal, unreported and unregulat ed 
(IUU) fishing.  Secondly, achieving an agreement on disciplines regarding overfishing and 
overcapacity, a sensitive pillar, which constitutes a balance for all Members. This should include 
elements of sustainability, so that there are incentives to maint ain and improve fisheries 
management measures that contribute to preserving the state of fish stocks at sustainable levels; 
and lastly, recognizing and addressing the major challenges and implications of including non -
specific subsidies in our agreement.  
4.368.   Moreover, special and differential treatment provisions are an essential element in these 
disciplines. While we recognize that they should be both "appropriate and effective", and address 
the particular situations of some developing and LDC Members , this s hould not, in our view, 
undermine the effectiveness of the disciplines or create undue advantages between Members.  In 
this regard, we agree that one of the key components is the inclusion of flexibilities for artisanal 
fishers. These must be accompanied by  transparency and notification commitments, so that we 
ensure that flexibilities are actually granted to subsistence or small -scale fishers.  In conclusion, 
Mexico reconfirms its commitment to bringing these negotiations to a successful conclusion. 
Distingu ished Ministers and Heads of Delegation, I invite you to seize the opportunity that exists for 
the multilateral trading system to contribute to the sustainability of our oceans. The world needs an 
ambitious outcome and our Organization can deliver it.  
4.369.   H.E. Ms. Mariama Camara, Minister for Trade of Guinea , provided the following statement:  
4.370.   On the basis of the mandate established under the WTO ministerial decision adopted at MC11 
as well as target 14.6 of the UN Sustainable Development Goals, negotiators were  due to reach an 
agreement in 2020.  Unfortunately, the COVID -19 pandemic has had a negative impact on our 
economies and is slowing down the negotiating process.  Furthermore, it should be noted that the 
flexibilities needed to reach a consensual conclusion of the fisheries subsidies negotiations have not 
been observed by all Member States.  
4.371.   For my delegation, there is no doubt that the only way forward remains the common political 
will of all Member States.  That is why  the Guinean Government, on whose behalf I speak, supports 
an agreement establishing rules to eliminate the harmful effects of subsidies to illegal, unreported 
and unregulated (IUU) fishing and prohibiting certain forms of fisheries subsidies that contribute to 
overcapacity and overfishing.  
4.372.   It reaffirms the need for special and differential treatment, technical assistance and capacity 
building for developing and LDC Members  taking into account the importance of the fisheries sector 
for their economic and social development.  In conclusion, I expres s the wish that the current 
negotiations will conclude very quickly with a view to the effective integration of all developing and 
LDC Members  in the more resilient, equitable, transparent and inclusive multilateral trading system, 
with a view to stimulati ng growth and reducing poverty in our States.  
4.373.   H.E. Ms. Maria Ximena Lombana Villalba, Minister for Trade, Industry and Tourism of 
Colombi a, provided the following statement:  
4.374.   Regarding the questions posed, Colombia's concrete reply in all cases is YES.  First, Colombia 
supports the idea of special and differential treatment being centred on the poorest and most 
vulnerable artisanal fishing communities. Artisanal fishing is not responsible for the current 
overfishing situation, nor has it endangered marine  ecosystems. The current proposal is the correct 
way to move forward.  
4.375.   Second, Colombia supports text 276 as it currently stands, as the basis for the negotiations. 
The text covers the main aspects and has an appropriate structure and focus. We must use it to 
guide our work and our technical and political decision making.  In this respect, I fully support the TN/C/M/41  
 
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  Geneva based Colombian delegation's active participation in the negotiations in the coming months, 
with the aim being to finalize the agreement before t he Ministerial Conference in December.  
4.376.   Colombia has been a proactive and constructive Member throughout this process and will 
continue to be. The sustainability of our oceans is a global responsibility, and we must all contribute 
to achieving this objectiv e. Those who have traditionally provided more subsidies for these activities 
must, of course, contribute the most.  
4.377.   Colombia has two overriding objectives in these negotiations: to achieve a significant 
reduction in subsidies that have an adverse impact on fisheries, and to ensure special protection for 
the high seas and for waters beyond Members ' jurisdictions.  For the aforementioned reasons we are 
committed to these negotiations and to accepting new disciplines that will affect and most certainly 
limit our  future subsidy programmes. But we accept this, since multilateral rules must level the 
playing field and enable everyone to access marine resources on equal terms.  
4.378.   I will therefore conclude my statement by calling upon all Members to be pragmatic and to 
act in a way befitting this particular moment in history.  Some have expressed concern about the 
flexibilities for large subsidizers that are set out in the text. I would like to point out that the 20 
years spent negotiating this agreement have meant 20 year s of total laxity for large subsidizers. Not 
having an agreement is the greatest of exceptions and the worst of scenarios: the unregulated use 
of public resources over the past 20 years has led to the funding of activities that have left oceans 
and ecosyst ems in a perilous state; the past 20 years have worked against artisanal fishers and 
government budgets.  
4.379.   Failing to finalize this agreement is the worst special treatment we could continue affording 
to those who abuse global public goods to the detriment o f present and future generations . These 
negotiations will, to a large extent, define the relevance and future of the WTO. The time has come 
to reaffirm the role of multilateralism in providing a concrete response to global challenges. The 
hollow discourse cannot continue; we need concrete action and must realize that perfect is often the 
enemy of good. This has us stuck with the worst of the alternatives.  We must conclude these 
negotiations, on the basis of the current text, before December.  
4.380.   H.E. Mr. Raúl C ano Ricciardi, Vice Minister for Economic Affairs and Integration for the 
Ministry of Foreign Affairs of Paraguay , provided the following statement:  
4.381.   Paraguay associates itself with the statement made by Mongolia on behalf of the Group of 
Landlocked Develop ing Countries (LLDCs). In response to the questions circulated for this discussion, 
Paraguay firstly reaffirms its commitment to concluding the negotiations before the Ministerial 
Conference scheduled for the end of this year and confirms that the basic el ements presented in the 
revised text are landing zones that are acceptable to my delegation. Secondly, we can agree that 
the key component of special and differential treatment is for poor and vulnerable artisanal fishers 
in developing and LDC  Members . 
4.382.   My delegation supports the significant regulation of subsidies that deplete fish stocks at a 
rate that prevents them from replenishing, producing serious environmental consequences, which 
in turn has an impact on the economic and social development of all Members, regardless of whether 
they have access to the sea.  Paraguay has placed its faith in international trade as a tool for 
promoting its economic development, and firmly believes that WTO Members have the capacity to 
contribute to these objectives by nego tiating relevant agreements that genuinely incorporate the 
sustainable development dimension and ultimately support the goal set by SDG target 14.6 of the 
2030 Agenda, prohibiting these subsidies.  
4.383.   In light of this context, we wish to forestall the impact o f the results of these negotiations 
on the historical rights recognized for LLDCs under public international law, such as the right of 
access to the sea, freedom of navigation and transit, freedom to engage in fishing, freedom of 
scientific research – in other words, the capacity to participate in these economic activities in a 
sustainable and equitable manner and in line with the principles of the multilateral trading system.  
Our proposal 130 and the text TN/RL/W/276/Rev.1 contain the basic elements that w e hope can be 
considered favourably by the Members. It is key for LLDCs to maintain Article 11.1 in the negotiating 
text. Our delegation is ready to accelerate the discussion with a constructive approach and 
undertakes to demonstrate as much flexibility as  possible.  TN/C/ M/41 
 
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  4.384.   LLDCs represent a vulnerable group with a share of around 1% of world trade. We face 
additional obstacles on account of the geographical location that isolates us from important markets, 
generates extra costs in transit, and makes our products l ess competitive. We are conditioned by 
our landlocked situation, which makes it even more challenging to build the capacity to diversify our 
economies.  For this reason, we believe that the contribution of the rules that we are negotiating at 
the WTO can ha ve a multiplier effect, and the inclusive message of "leaving nobody behind", not 
even the vulnerable populations of Member s without direct access to the sea, would provide the 
platform for the WTO to send a positive signal of being an organization that en compasses everyone, 
including Members marked by geography with trade barriers that they have to overcome in the 
gruelling race towards economic recovery.  
4.385.   H.E. Mr. Felipe Solá, Minister for Foreign Affairs, International Trade and Worship of 
Argentina , also speaking on behalf of the members of the group of six Latin American countries 
(6Lat) - Argentina , Colombia , Costa Rica , Panama , Peru and Uruguay , provided the following 
statement:  
4.386.   The 6Lat are a group of Latin American countries that decided to join toge ther over four 
years ago to engage in a coordinated manner in the negotiations on this Agreement. We are a 
constructive group, seeking to build bridges and pursue an ambitious outcome in these negotiations.  
In 2017, we submitted a full draft text of an agr eement that has served as the basis for the collective 
discussions and for many of the developments thus far.  
4.387.   The circumstances that enabled us to join forces at that time are still valid today: As the 
6Lat we understand how essential it is to eliminate al l state subsidies to IUU fishing practices. We 
have also reiterated the importance of prohibiting subsidies that affect overfished stocks and those 
that contribute to overcapacity, and the particular need to eliminate subsidies to large fleets 
operating on  the high seas, and especially in distant waters. We have highlighted the need for better 
scrutiny of RFMO competences and proposed a number of elements that would ensure that Members 
are not bound by the measures or decisions of the RFMOs to which we do n ot belong, unless 
otherwise provided for in the Agreement. We hope to see this reflected in the Agreement. Our group 
has highlighted the importance of recognizing the work and value of artisanal fishing communities, 
and also the need for the text to state that the Agreement will have no legal implications regarding 
claims of territoriality or the delimitation of maritime boundaries.  
4.388.   Using this draft text as a basis, we have continued to build and seek a middle ground among 
the different Members of the Organ ization. We have always had a high level of ambition, recognizing 
that we are developing countries with particular and complex needs, and without losing sight of the 
fact that multilateral processes require pragmatism and flexibility to find appropriate so lutions for 
all. 
4.389.   The 6Lat will continue to work together. From our perspective, the status quo is the worst 
case scenario. We call on all those concerned about the current state of marine ecosystems, and the 
existence of subsidies to large fishing fleets that ply the seas and exploit their resources unchecked, 
to recognize that the current situation is the worst cas e scenario. Today, no discipline applies to 
them, and each additional day that passes without us reaching an agreement puts the sustainability 
of our oceans in jeopardy. Failure to conclude this agreement gives de facto  special treatment to the 
major subsi dizers to the detriment of present and future generations.  This is why we would like to 
call on you collectively to be pragmatic and realistic, as well as responsible. The next step after this 
Ministerial Meeting can only be the final conclusion of the Agr eement. We must conclude these 
negotiations before MC12 . You can count on the 6Lat group on this.  
4.390.   Speaking on behalf of Argentina , the following statement was made:  
4.391.    Argentina reaffirms its commitment to continuing to do its utmost to ensure that, before 
the Twelfth  WTO Ministerial Conference, we can conclude a multilateral agreement establishing 
specific prohibitions on subsidies in connection with illegal, unreported and unregulated fishing of 
overfished fish stocks, and on subsidies concerning overcapaci ty and overfishing.  The significant 
negative impact that these subsidies have on fisheries makes it imperative to reach an agreement 
to eliminate them. Much of these subsidies support fleets fishing on the high seas, particularly in 
distant waters, and pri marily in areas adjacent to exclusive economic zones, with serious negative TN/C/M/41  
 
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  consequences for the sustainability of the oceans, seas, marine resources and for the development 
of the country concerned.  
4.392.   Furthermore, Argentina wishes to reiterate the importanc e of artisanal and subsistence 
fishing from a social and economic point of view, considering that the key component of special and 
differential treatment should apply to poor and vulnerable artisanal fishers in developing and 
least-developed Members. This is notwithstanding what has already been stated by our country on 
the need to eliminate, without exception, subsidies to illegal fishing.  
4.393.   We consider that, due to the nature of the negotiations, the text of the future instrument 
must cover aspects that are deemed to be of extreme sensitivity for Members. In other words, the 
text will not have legal implications regarding claims of territoriality or the delimitation of maritime 
jurisdictions. Argentina therefore considers it of the utmost importance for t he text to contain a clear 
and specific safeguard in this regard.  As far as regional fisheries management organizations or 
agreements (RFMO/As) are concerned, there is an uneven development and functioning of RFMO/As 
and not all WTO Members are part of suc h schemes. In view of this, it is crucial for the future 
instrument to provide that RFMO/A measures or decisions are not enforceable against non -party 
States.  
4.394.   Finally, I would like to stress that Argentina, as a coastal country with an extensive maritime 
coastline, has participated actively – and will continue to do so – in the negotiations. It has done so 
through specific proposals, which allow flexibility, in order to identify elements of convergence 
among the Membership to enable it to reach an ambitious  agreement that contributes to the 
sustainability of the oceans and their resources and to eliminate these trade -distorting practices 
affecting international fisheries trade.  
4.395.   H.E. Ambassador Katherine Tai, United States Trade Representative , provided the f ollowing 
statement:  
4.396.   With respect to the first question, the United States is committed to working together with 
all WTO Members to finally reach a conclusion to these longstanding negotiations, but it must be a 
meaningful conclusion. Protecting the sustai nability of our fisheries resources and positively 
impacting our fishers and workers are critical for an outcome to be considered meaningful. It is for 
precisely these reasons that WTO Members must ask whether the current negotiating text reflects 
the best  we can do after 20 years of negotiations.  
4.397.   Although it includes some of the basic elements needed to reach a meaningful conclusion, 
our work is not yet done, as other key elements are still missing. And so, our answer to the first 
question, at this point, is "not yet ". We agree this text can serve as the basis for a Member -led, text -
based negotiation, but it does not yet contain the elements required for reaching conclusion. We, as 
Members, have an opportunity to show the world that the WTO can attain meani ngful results.  
4.398.   This is why, in addition to pushing for effective disciplines on the most harmful fisheries 
subsidies, the United States has proposed a targeted approach to ensure that highlighting and 
addressing the use of forced labour on fishing vessels are part of any outcome. Forced labour is a 
serious problem in the fisheries sector. It is a practice that affects economic competition; it is an 
unfair trade practice and an unconscionable exploitation. Acknowledging it as such is an important 
way that th e WTO can positively impact the lives and livelihoods of our fishers and workers.  
4.399.   There are other key elements missing from the current text, and we hope to have a text -
based negotiation so these can be reflected in the text. Significant shortcomings must  be addressed 
if we are to successfully conclude these negotiations, and there is limited time before MC12. Trade 
negotiations are hard work. Let 's do the hard work together to achieve the most meaningful outcome 
possible here. The United States is committ ed to continuing to work constructively with Members 
towards this goal.  
4.400.   With respect to the second question, we certainly agree that we must consider the potential 
impact of any future disciplines on our workers and fishers, including economically -disadvan taged 
communities that depend on fishing for their livelihoods. These communities perhaps have the most 
to lose if Members fail to achieve a meaningful outcome that actually improves the status quo and 
the sustainability of fisheries resources. And while w e must ensure that we address the legitimate TN/C/ M/41 
 
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  needs and concerns of these communities, prohibiting the most harmful subsidies will be critical, in 
order to preserve the very resources on which they depend. We 're not helping anyone if there are 
no fish in th e oceans to catch.  
4.401.   Flexibilities for certain developing county Members with demonstrated needs can serve a 
valid purpose. However, these negotiations are about prohibiting harmful fisheries subsidies and 
should not result in an outcome that locks in the st atus quo or, worse, provides the WTO 's blessing 
to continue providing such subsidies - without regard to sustainability - in perpetuity.  
4.402.   The United States believes that a blanket approach with permanent carveouts is neither 
appropriate nor effective given the purpose of this agreement. Moreover, it does not reflect the 
reality that some self -declared developing country Members are among the largest producers and 
subsidizers or among the wealthiest or more significant Members of this organization. We are 
prepared to consider flexibilities for particularized situations that does not result in the pitfalls of a 
blanket approach.  
4.403.   Is it enough to have an agreement for agreement 's sake? We firmly believe that collectively, 
we deserve and can achieve more. WTO Memb ers have the opportunity to produce an agreement 
that can make a serious and credible contribution to ending harmful fisheries subsidies. Those 
subsidies enable the use of forced labour and threaten the sustainability of our marine resources.  
4.404.   The United St ates wants a ‘win ' for the WTO, for the fish, and for workers. We believe it is 
within reach, but it will require all Members to make and support improvements to the text that will 
lead us to a meaningful outcome. After 20 years, we owe it to our oceans an d our citizens who 
depend on them to finally deliver such an outcome.  
4.405.   The representative of Panama , speaking on behalf of H.E. Mr. Ramon Martinez, Minister for 
Trade and Industry of Panama , provided the following statement:  
4.406.   The WTO has a key mandate and ro le in achieving effective and ambitious disciplines on 
certain fisheries subsidies that are particularly harmful to the marine ecosystem.  The Chair's text 
contains some elements that may represent landing zones in our negotiations. However, other 
elements are far from having the consensus of Members. For example, Article 5.4, on subsidies to 
vessels not flying the flag of the subsidizing Member, should not be part of our final text, as it does 
not relate to the mandate and objectives of the instrument we ar e negotiating.  In a spirit of 
constructive engagement, Panama has submitted a counter proposal that addresses the concerns of 
the proponents of Article 5.4, based on the responsibility of subsidizing Members to make their 
support conditional on the benefic iaries complying with international obligations and standards, and 
their requirement to verify their compliance.  In order to conclude negotiations successfully, 
delegations must show adherence to the mandate, pragmatism and greater flexibility, leaving asi de 
positions that do not enjoy sufficient support to move forward.  
4.407.   Panama recognizes the importance of special and differential treatment to enable developing 
and LDC Members  to integrate into the international trading system. However, special treatment 
should not jeopardize the ambition and effectiveness of the resulting instrument. The flexibilities 
agreed should promote compliance by all Members with the disciplines and objectives of the 
instrument to be agreed, which are not exclusively economic.  Artisanal fisheries is a critical sector 
for the social and economic development of communities around the world that depend on this 
activity. Any special treatment given to this facet of fisheries must, for this very reason, be 
environmentally sustainable . We do not support total exemptions or geographical exemptions when 
it is merely a case of high seas fishing, or fishing in territorial waters or in an exclusive economic 
zone. Similarly, we do not support flexibilities for illegal, unreported and unregul ated fishing.  
4.408.   In conclusion, Panama hopes that this meeting will lead to us beginning a negotiating process 
based on a text containing Members' specific proposals. My delegation supports the Chair's efforts 
to organize a variety of meetings, respecting tra nsparency and inclusiveness, automatically 
informing Members of any meetings that are not open ended, as well as of their outcomes.  As the 
Minister responsible for these negotiations for Panama, I have authorized the Ambassador to the 
WTO to continue to re present Panama in a constructive spirit with a view to concluding these 
negotiations.  Dr. Okonjo -Iweala, you can count on Panama's support and commitment to do its 
utmost to reach the consensus needed to conclude the fisheries subsidies negotiations no lat er than TN/C/M/41  
 
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  during the Twelfth Ministerial Meeting. We look forward to your suggestions on the next steps in this 
process.  
4.409.   H.E. The Honourable Clarence Rambharat, Minister for Agriculture, Land and Fisheries of 
Trinidad and Tobago , provided the following state ment:  
4.410.   We wish to align ourselves with the comments and positions of the ACP and CARICOM 
Groups. Trinidad and Tobago remains committed to the mandate to discipline harmful fisheries 
subsidies and to reaching an agreement by MC12. With the twenty -plus years of the negotiations, 
and the mass of data available on fish stocks, we believe that there is a clear need to urgently 
discipline fisheries subsidies.  We acknowledge that there are varied interests in the negotiations and 
recognize that flexibility and crea tivity are needed to successfully conclude a meaningful agreement 
by the end of this year – an agreement that would effectively discipline fisheries subsidies. For this 
to be achieved, Members  that contribute most to the problem must play a greater role in  the solution.  
4.411.   Trinidad and Tobago 's contribution to global fish catches is minuscule, estimated at less than 
0.02%. Our country does not contribute significantly to global fish catches and our fleet is 
predominantly artisanal in nature with over 95% of ve ssels fishing in waters under national 
jurisdiction. Whilst the fishing may be of a commercial undertaking, in the wider global context, it is 
characteristically barely above subsistence level.  Compared to other fishing nations, our subsidies 
and fish catc hes are very small, but the fisheries resources are key to the livelihood and wellbeing 
of our people, particularly to coastal and rural communities. Accordingly, we need more policy space 
than is provided in the current draft text and our positions would be explained as we respond to the 
Chair 's question.  
4.412.   With respect to the first question posed by Ambassador Wills for a mandate of greater 
flexibility to be afforded to our Head of Delegation in Geneva, we can afford some flexibility. This 
flexibility has i ts limits as there remain issues that are critical to the very survival of our people. 
There is also a requirement for the necessary policy space for our economic development.  
4.413.   In relation to the second question posed, Trinidad and Tobago agrees that the ke y elements 
of Special and Differential Treatment (S&DT) are specifically for poor and vulnerable artisanal fishers 
in developing country Members and LDC Members. Developing and LDC Members must be given the 
necessary S&DT in the text.  Of concern to Trinida d and Tobago is the definition of artisanal fishing. 
There is a need to clarify this definition, for it directly impacts the obligations that developing country 
Members who are Small Island Developing States (SIDS) and Small and Vulnerable Economies 
(SVEs) , may have to undertake.  
4.414.   On the subject of transparency and notification requirements detailed in Article 8.1, we 
believe that they are onerous, and if an exemption cannot be achieved for developing and LDC 
Members , then softer, best endeavo ur language sho uld be negotiated. In closing, I hope that we will 
see our views reflected in future drafts and Trinidad and Tobago remains committed to the conclusion 
of the negotiations.  
4.415.   H.E. Mr. Julio Jose Prado, Minister for Production, Foreign Trade, Investments and Fisheries 
of Ecuador , provided the following statement:  
4.416.   Ecuador's public policy on fisheries aims to promote a blue economy, directed towards the 
responsible management of marine resources in order to preserve the biodiversity of our oceans.  
With regard to  the first question raised by the Chair of the Negotiating Group on Fisheries Subsidies, 
Ecuador reaffirms its commitment to concluding the negotiations, in line with SDG target 14.6 and 
the Hong Kong and Buenos Aires ministerial mandates and given the urg ent need for an instrument 
that creates a positive impact on the sustainability of the seas, and access for all Member s to fisheries 
resources and fishing activities, primarily for the fisheries of low income communities.  
4.417.   For Ecuador, the disciplines to be  agreed should be proportionate to the commitments 
undertaken, fish capture world share and the amounts of subsidies granted. The top 10 countries 
for marine capture fisheries account for 64% of total world production, and approximately 62% of 
the total am ount of fisheries subsidies, according to international estimates.  The Chair's current 
proposed working document serves as a good basis for further negotiations. While it is true that 
there are significant differences among Members, we call on them to make  every effort to overcome TN/C/ M/41 
 
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  them. Let us address these issues and find creative alternatives and the flexibilities needed to agree 
on disciplines to enable us to achieve the objectives set, and which are in turn adapted to the realities 
and capacities of Mem bers. 
4.418.   Our country considers that negotiations are urgently needed to establish a multilateral 
trading system instrument to enable participation in actions by governments and international 
organizations to combat illegal, unreported and unregulated fishing,  and to help to reduce pressure 
on fish stocks subjected to overexploitation, overcapacity and overfishing, by regulating the granting 
of huge subsidies on a large scale.  As heads of delegation, we must show openness to reaching 
understandings that will le ad to the conclusion of a process that has been going on for two decades, 
and which is, moreover, a commitment of our States and governments.  
4.419.   Regarding the second question raised by the Chair of the Negotiating Group, Ecuador wishes 
to highlight the import ance of artisanal fishing to development in Members. Over 20 million families 
rely on this activity worldwide; therefore, state decisions and policies are directly linked to poverty 
reduction and to fishing as a means of subsistence and food security. We b elieve that the Agreement 
should echo compliance with SDG target 14.b, which specifically requires that access for small scale 
artisanal fishers to marine resources and markets be provided.  The importance of artisanal fisheries, 
which are highly sensitive to external conditions, and their recognition as a key part of the Agreement 
under negotiation, is a step towards the adoption of a fair policy.   
4.420.   Ecuador has actively participated in the negotiations and working groups established to 
achieve the objective for which we have been convened here today. We have presented proposals, 
alternatives and technical analyses that would lead to an effective imple mentation of the Agreement, 
especially with regard to the understanding of artisanal fisheries together with Argentina and Chile. 
We invite Members to consider the concrete proposal that is aimed at fully achieving SDG target 
14.6: eliminating subsidies th at contribute to illegal, unreported and unregulated fishing, and 
providing guarantees of access to artisanal fisheries.  
4.421.   H.E. Mr. Francisco Bustillo Bonasso, Minister for Foreign Affairs of Uruguay , provided the 
following statement:  
4.422.   After 20 years of tough  negotiations, WTO Members have a responsibility to move decisively 
towards a new set of rules to prohibit certain forms of fisheries subsidies that contribute to 
overcapacity and overfishing, and to eliminate subsidies that contribute to illegal, unreport ed and 
unregulated fishing, in line with the SDG target 14.6 mandate. We hope that this meeting will be a 
turning point in reaching an historic agreement that will genuinely protect the ability of the oceans 
to provide food, jobs and income for countless c ommunities around the world.  
4.423.   This meeting should allow us to achieve greater convergence, to adopt a pragmatic and 
flexible approach to drafting the outcomes we can achieve, without sacrificing a high level of ambition 
in the disciplines we hope to establi sh as a result of the negotiations. Uruguay affirms its commitment 
to concluding the negotiations on fisheries subsidies before the Twelfth Ministerial Conference, with 
a commitment to seeking and agreeing on a text with which, ultimately, all delegations can live, 
even if it does not exactly reflect the preferences of any one delegation. Only under this approach 
will we be able to contribute to the change needed in the current status quo.  
4.424.   The Chair's current draft text represents a genuine effort to fulfil  our mandate, taking 
account of the various existing positions. We believe that the basic elements in the agreement's 
structure are reflected in the text. For Uruguay, ensuring that the provisions on the high seas include 
ambitious protection is crucial, a s this is the most important reason why we are engaged in 
negotiations to curb fisheries subsidies. This area of the disciplines has perhaps the greatest potential 
to make a significant impact on the state of the oceans and the livelihoods of fishing commu nities.  
4.425.   Uruguay will continue to pay particular attention to the rules on overcapacity and overfishing, 
due to the tangible effect they can have on the sustainability of fisheries subsidies. Furthermore, 
this is an area where development challenges need to  be effectively addressed. Globally, overfishing 
and overcapacity are being exacerbated by illegal, unreported and unregulated fishing practices that 
violate national or international laws and undermine efforts to manage fisheries sustainably. Any 
action t aken as a result of a determination of illegal fishing must be a preventive, swift and effective 
deterrent.  TN/C/M/41  
 
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  4.426.   Uruguay reiterates the social and economic importance of artisanal and subsistence fisheries. 
Artisanal fisheries serve as an economic and social en gine, providing food security, employment and 
livelihoods for coastal communities, and other multiplier effects for local economies. We consider it 
key that the instrument under negotiation provides for flexibility to take these activities into account. 
At the same time, it is essential to strike a balance between protecting artisanal fishers and meeting 
the objective of sustainability. Policy space will also be needed to address the needs and specificities 
of this type of activities.  
4.427.   A key challenge remain s, which is to balance the insistence of many Members, both 
developed and developing, on retaining domestic policy space on the one hand, against the goals of 
sustainability and equity on the other. In meeting this challenge, in Uruguay's view we must keep  
in mind the central purpose of these negotiations: to eliminate harmful fisheries subsidies and deliver 
on the SDG target 14.6 mandate.  
4.428.   Our goal, going forward, will be to find common ground to reach an agreement that will lead 
to concrete benefits for gl obal fish stocks and forge new rules for current and future generations. In 
this respect, let us not forget that the responsibility lies with us, the Members, and a viable solution 
can only be found if we move away from extreme positions and accept the nee d for compromise in 
order to achieve our goal.  
4.429.   The most important thing is to maintain momentum and forge full steam ahead with the 
negotiations. The fact that we have not been able to meet the deadline set by our Heads of 
Government should spur us on to r edouble our efforts and show the relevance of the WTO in dealing 
with issues that affect us all. To this end, we must authorize our Heads of Delegation in Geneva to 
demonstrate the flexibility needed to bring these negotiations to a successful conclusion.  
4.430.   H.E. Mr. Mohamed Warsama Dirieh, Minister for Trade and Tourism of Djibouti , provided the 
following statement:  
4.431.   Djibouti aligns itself with the statements made on behalf of the ACP, African and LDC Groups. 
Furthermore, Djibouti supports the conclusion of an agreement on the elimination of fisheries 
subsidies that delivers on Sustainable Development Goal 14.6 as soon  as possible and on the basis 
of a revised and balanced text that takes into account the proposals put forward on our behalf.  For 
Djibouti, it is important to explicitly state that artisanal and small scale fisheries are excluded from 
the scope of applicat ion in Article 1 of the text under negotiation. It is crucial that the focus of the 
agreement to be concluded should remain on the prohibition of certain forms of fisheries subsidies 
that contribute to IUU fishing and should recognize appropriate and effec tive special and differential 
treatment for the Member s most in need, including African developing countries and LDCs.  
4.432.   In Djibouti, artisanal fishing is currently the only commercial activity permitted in the 
fisheries sector and is practised by local fish ermen. The latter is essentially subsistence fishing 
providing a relatively steady income to fishing dependent communities. Djibouti therefore urges all 
Members to adequately take into account the economic, social and environmental dimensions of 
artisanal and small scale fisheries in food security programmes.  The fisheries sector has great 
potential and remains a strategic sector for economic development in Djibouti. We are faced with a 
lack of diversity in fishers' means of production. The text must theref ore guarantee policy space for 
development, to build and support the development of this sector in our EEZ, at the appropriate 
time. Furthermore, it is clear that not all of us will have the same capacity to implement the 
disciplines set out in the text. T he text must therefore take into account different levels of 
development and technical competence and achievements in fisheries data management.  
4.433.   It is important that the negotiated rules on fisheries explicitly preserve the sovereign rights 
of each country  in accordance with relevant international law and reaffirm the primacy of coastal 
State determinations. Djibouti hopes for a successful conclusion of the fisheries negotiations through 
an agreement that all Members will be able to own and implement. This requires the political will 
and constructive engagement of us all.  TN/C/ M/41 
 
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  4.434.   The representative of the Dominican Republic , speaking on behalf of H.E. Mr. Limber Cruz, 
Minister for Agriculture of the Dominican Republic , provided the following statement:   
4.435.   Our answer t o the first question is as follows: we largely support the current text and 
consider that it is the appropriate document for further progress in the fisheries subsidies 
negotiations, on the understanding that flexibilities should not only be required from Member s that 
are contributing less to fisheries related problems but that these requirements should also be applied 
to Member s with modern, large scale fishing fleets.  And our answer to the second question is as 
follows: The Dominican Republic calls for it s artisanal fishing sector, like that of other developing 
and LDC Members , to remain outside the scope of the provisions of the discipline. In this regard, we 
express our reservations and concerns regarding Article 5.1(a), (b), (d) and (h) and also Article  5.2 
of the text.  
4.436.   We also seek the inclusion of provisions on special and differential treatment so that our 
fisheries, which do not receive subsidies, can be adapted and modernized to carry out fishing 
activities within the framework of sustainability, th e right to fair work and safety at sea, as well as 
the incorporation of Fisheries Management Organizations beyond national jurisdiction. For these 
reasons, special and differential treatment should be included in the provisions of Articles 3.6, 3.8 
and 4.4  of the text of the Agreement.  
4.437.   The Dominican Republic's interest is focused on ensuring that illegality in fishing operations 
can be eradicated from our seas, because of the huge negative impact of this poaching activity on 
fisheries resources, with the en suing economic loss for fishing communities and national economies.  
We would like to stress that the proposed limit of 12 nautical miles for the application of exceptions 
to the discipline does not satisfy the interests of our artisanal fishing sector, who se activity goes 
beyond that limit, within the archipelagic waters under its jurisdiction.  
4.438.   For our delegation, the provisions of the disciplines on fisheries subsidies, especially for 
developing and LDC Members , should not be so onerous as to make it extre mely difficult to ensure 
compliance and effective implementation. This is the case for the provisions of Article 8.1 concerning 
notification and transparency; these are principles that we support but we understand that they 
must be objective and realistic as regards compliance with them by developing and LDC  Members . 
The Dominican Republic is ready and prepared to engage proactively in the development of a text 
that is favourable for all WTO Members.  
4.439.   Lastly, we would like to place on record that our delegat ion shares the positions of the ACP 
Group with which it shares hopes and concerns on this issue.  It also shares with other delegations 
the Dominican people's aspiration that this spirit of collaboration and joint negotiation will continue 
to contribute tow ards ensuring that the decisions taken within the WTO can ensure the continuity of 
state actions aimed at reducing absolute poverty in our fishing communities, and that the 
negotiations culminate, primarily, in the elimination of harmful subsidies in the f isheries sector, and 
enable the creation of spaces for the implementation of public policies focused on the appropriate 
development of the fisheries sector in developing and LDC Members . 
4.440.   H.E. Mr. Ali Djadda Kampard, Minister for Trade and Industry of Chad , also speaking on 
behalf of the  LDC Group , provided the following statement:   
4.441.   The LDC Group also attaches high importance to these negotiations, and we have been active 
over the years in the pursuit of an ambitious outcome that is consistent with the Hong Kong 
Ministerial Declaration and United Nations SDG target 14.6. Such an outcome should first and 
foremost effectively discipline subsidies to large -scale deep -sea fishing operations that threaten the 
sustainability of shared stocks and the livelihoods of our coastal communities.  Our Group is ready to 
negotiate with other Members on the basis of  a revised and more balanced text, with a view to 
achieving an outcome in line with our mandate, by the Twelfth  Ministerial Conference. We have 
shown flexibility throughout the negotiations and are ready to remain constructive. In this context, 
be assured that our Group of Ambassadors in Geneva, through the assistance of their technical 
experts, will contribute to the flexibility needed to conclude these negotiations.  
4.442.   With regard to special and differential treatment, as you are aware, this element is an 
essential part of our mandate and must be part of any outcome. We recognize that this is a difficult 
issue – not only in the negotiations on fisheries subsidies but in the WTO as a whole, but we hope TN/C/M/41  
 
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  that Members will show the necessary flexibility to delive r on this element of the mandate that is 
crucial for developing and LDC Members . Addressing the specific concerns of artisanal fishers, 
including poor and vulnerable fishers, is clearly a key element of special and differential treatment, 
but not the only one. As you know, the fishing fleets of many LDCs remain largely underdeveloped 
and do not allow them to benefit fully from the sector's potential.  
4.443.   LDCs are not the main cause of overcapacity and overfishing and should not be penalized 
for this in their fu ture development. It is therefore vital that LDCs are given sufficient flexibility to 
support the development of their fleets to sustainable levels.  In this respect, an exemption under 
the main prohibition of subsidies that contribute to overcapacity and o verfishing as contained in 
Article 5.5 (a) of the Chair's revised text is an equally important element of special and differential 
treatment.  
4.444.   Let me conclude by stressing the importance of effective technical assistance and capacity 
building to implement a ny outcome of these negotiations. In this regard, we strongly support the 
new language in the Chair's revised text proposing the establishment of a voluntary WTO financing 
mechanism in collaboration with the relevant international organizations to help our  Members in 
implementing the future agreement. On behalf of the LDC Group, let me thank you once again for 
the opportunity to share these general views, and be assured that we will continue to engage 
constructively as a Group towards the conclusion of thes e important negotiations  
4.445.   H.E. The Honourable Keisal Peters, Minister of State with Responsibility for Foreign Affairs 
and Foreign Trade of St. Vincent and the Grenadines , also speaking on behalf of the Organization of 
Eastern Caribbean States , provided the following statement:  
4.446.   We align ourselves with the statements by the Hon ourable Ministers of Guyana and Jamaica 
on behalf of CARICOM and the ACP respectively. After 20 years of negotiations and the untamed 
over-exploitation of global fish stocks, it is well past time for us to bring an end to unsustainable 
fisheries subsidies.  The urgency is clear, and the time to act is now, if we are to preserve our marine 
resources for future generations. We further recognise the attempts that have been made to bridge 
the divergent positions of Members in the current text. For instance, notw ithstanding some 
outstanding areas of concern, there is consensus around many elements of Articles 1 and 2 on Scope 
and Definitions, respectively. There also appears to be broad consensus that vessels found engaged 
in illegal, unreported and unregulated fi shing should not be receiving government support.  
4.447.   While we appreciate some notable steps forward in the text and acknowledge that landing 
zones are in sight, for OECS Member States a number of critical elements remain outstanding. OECS 
Member States are p repared to make every effort to bridge the remaining gaps in pursuit of a 
workable outcome. The emphasis here for us is ‘Workable’. In giving our best efforts to honour this 
commitment, we must ensure that a few core principles are safeguarded.  
4.448.   First, the  agreement must be proportionate in its application. By this, we mean that major 
subsidizers should not be allowed to pay a lesser price than developing Member s based on the 
current formulation of the prohibition as contained in Article 5.1.1. We see this as an  inversion  of 
responsibility. Second, we must be satisfied that our mandate with respect to special and differential 
treatment ( S&DT ), which directs us to ensure that S&DT  must be appropriate and effective , is 
achieved. Unfortunately, our assessment i s that the current formulations of S&DT  in the current 
Chair’s text do not meet with our expectations.  We welcome the inclusion of Article 7 on Technical 
Assistance and Capacity Building and commend your efforts at resourcing the interventions required 
to implement the agreement. Let me be equally clear, while we welcome this positive step, it cannot 
come at the cost of Special and Differential Treatment and must be meaningful and accessible.  Third, 
we must also be mindful of imposing onerous notification a nd transparency requirements on small 
and capacity constrained public administrations like ours. Specific to the question about flexibility, 
it is important to note that our representatives in Geneva will continue to be guided by our national 
and regional consultative processes, priorities, and interests.  
4.449.   On the second question, artisanal fishing is of vital importance to the OECS. We have long 
been advocates of an artisanal carveout in these negotiations. However, an artisanal carveout cannot 
be the key c omponent of S&DT . OECS Member States are very small players in the context of the 
overall global fishing industry. For the years between 1950 and 2016, OECS Members accounted for TN/C/ M/41 
 
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  just 0.013 percent of global total fish catch. This is an indication of our n egligible contribution to the 
global problem of overfishing and overcapacity.  
4.450.   Many other developing and LDC Members also contribute very little to this problem. 
Therefore, our approach to S&DT  must allow us to maintain the policy space to develop our fishi ng 
industries. As such, elements of S&DT  which we have long supported, such as an acceptable de 
minimis  as a standalone component of S&DT , needs to be properly reflected in the text. As I close, 
let me reiterate the commitment of the OECS to a successful outcome in these negotiations. I am 
positive on the steps that we have taken in the past months but equally note that while the landing 
zone is in sight, we are not there yet.  To achieve an acceptable outcome, we have to exercise due 
care to ensure that the current imbalances in the text are rectified.  
4.451.   H.E. Mr. Ramon Cervantes, Minister of State for the Ministry of Foreign Affairs and Fore ign 
Trade and Immigration of Belize , provided the following statement:   
4.452.   Belize fully supports the statement made by the Foreign Minister of Guyana, the Hon. Hugh 
Todd on behalf of our Caribbean Community (CARICOM) and aligns itself with the statement made 
on behalf of the African Caribbean and Pacific (ACP) States Grouping. We anticipate a favourable 
outcome before the Twelfth Ministerial Conference with a solution that rightly balances sustainability 
and development by prohibiting and eliminating harmful s ubsidies that contribute to overcapacity, 
overfishing, and Illegal, Unreported and Unregulated (IUU) fishing while supporting artisanal and 
small -scale fishers. The basic elements of the text provide some landing area in the negotiations, 
however further a djustments are required to reflect the views and overarching concerns of small 
and vulnerable states like Belize.  
4.453.   Secondly, to this end, appropriate and effective Special and Differential Treatment provisions 
and the adoption of the principle of proportion ate burden and responsibility -sharing, should be 
outlined in the new rules at the WTO.  We should take into account the poor and vulnerable artisanal 
and small fishers and their operations within sovereign jurisdictions, which extend beyond the 
territorial  seas and include Exclusive Economic Zones (EEZ).  Belize's fishing industry is primarily 
artisanal and directly supports small scale fishers and the livelihood of over 15,000 Belizeans. 
Supporting the fisheries sector is of critical importance as it contri butes significantly to the socio -
economic well -being of fisher folks and their families. Therefore, Belize wishes to see the proposal 
on de minimis be placed in the text, exempting small players that have negligibly contributed to the 
severely exploited ma rine resources.  
4.454.   Further, we stress the fact that small and vulnerable countries, like Belize, account for a 
much smaller share of global marine capture production with an insignificant level of fisheries 
subsidization.  In this light, Belize stresses that  the core disciplines envisaged for this agreement 
should be targeted at large -scale, industrial, distant -water fishing nations which have been most 
responsible for the over -exploitation of the world 's fishing resources. In conclusion, Belize reiterates 
its support of the statements by CARICOM and the ACP Group.  We recognize that the global 
challenge of having disturbingly high levels of overfishing which has negatively impacted ecological 
sustainability, food security, livelihoods, incomes, and jobs; has b een caused in large measure by 
large distant -water fishing nations. We call for flexibility, inclusion and transparency to reach an 
effective solution to our mutual benefit. Rest assured, Belize will continue to engage constructively 
in these fisheries sub sidies negotiations and remains committed to their successful conclusion.  
4.455.   H.E. Mr. Andres Valenciano Yamuni, Minister for Foreign Trade of Costa Rica , provided the 
following statement:   
4.456.   As already indicated, Costa Rica associates itself with the statement made by Argentina on 
behalf of members of the 6Lat group.  Costa Rica has maintained a constructive spirit throughout the 
negotiations, aimed at fostering a level of ambition that will ensure the future sustainability of global 
fisheries resources. In this connection, I reiterate Costa Rica's commitment to making every effort 
to conclude the negotiations on fisheries subsidies no later than during the Twelfth WTO Ministerial 
Conference. Our ambassador to the WTO, Ms  Gloria Abraham, and her team in Geneva hav e all the 
knowledge and technical expertise to contribute actively to achieving this objective, and I have every 
confidence in their ability to do so.  TN/C/M/41  
 
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  4.457.   Moreover, as Minister for Foreign Trade, I would particularly like to thank Ambassador Wills 
of Colombia for all his efforts and dedication over recent months and I urge him to continue leading 
these negotiations with the same spirit and commitment that he has shown so far.  The current draft 
text contains the elements needed to be able to reach an agreement. While there are still some 
important differences that will require us to exercise greater flexibility, the current text should be 
the basis for our discussions. We therefore call for pragmatism in order to reach an early conclusion 
to the negotiations.  
4.458.   Without prejudice to the foregoing, it should be mentioned that addressing the disciplines 
applicable to artisanal fishing is an essential component of these negotiations, having the potential 
to open up important opportunities for the coastal communities par ticularly in developing and LDC 
Members . According to recent studies, large -scale industrial fishing is the foremost recipient of global 
subsidies. By contrast, small -scale fishing, including artisanal fishing, receives less than 19% of total 
fisheries sub sidies granted at the global level. We must therefore direct our best efforts toward 
ensuring that the disciplines we agree upon focus on large -scale industrial fishing in international 
waters.  
4.459.   Costa Rica therefore understands the reasons for the inclusion  of differentiated disciplines 
for artisanal fishing. We should not lose sight of this, that even artisanal fishing could have a negative 
impact on the sustainability of fisheries resources. We therefore make a respectful but fervent call 
for caution when considering expanding disciplines in favour of artisanal fishing beyond what is 
currently established in the draft consolidated text.  
4.460.   There is no such thing as a perfect agreement, either in these or in any other negotiations. 
Let us not lose sight of the fact that the best agreements are those that are adopted. The 
sustainability of fisheries resources is and should continue to be our guide along this path. For this 
reason there is no justification for sacrificing the requisite minimum level of ambition by  the mere 
fact of precipitating the conclusion of an agreement that would not have an impact consistent with 
our level of ambition and would therefore undermine our credibility in the eyes of the international 
community.  As Sir David Attenborough has said,  a healthy, vibrant, productive ocean is within our 
reach, to the benefit of all humanity. So , let us not waste this opportunity . Let us act as soon as 
possible . 
4.461.   H.E. Mr. José de Jesús Bermúdez Carvajal, Vice Minister for Development, Industry and 
Trade of Nicaragua , provided the following statement:   
4.462.   On behalf of the Government of Reconciliation and National Unity, our President, Commander 
Daniel Ortega, and our Vice -President, Rosario Murillo, we hope to adopt favourable  decisions on 
fisheries subsidies for all Members of this organization, especially for Members  with small and 
vulnerable economies, as in the case of my country.  Nicaragua reaffirms its commitment to 
concluding a multilateral agreement on fisheries subsidi es that contains the necessary elements to 
reduce overfishing and overcapacity in illegal, unregulated and unreported fishing.  
4.463.   For small and vulnerable economies such as Nicaragua's, it is of vital importance that these 
provisions contain special and diffe rential treatment for artisanal fisheries, a sector that contributes 
to our country's food security.  In fisheries and aquaculture, total production projected for 2021 in 
Nicaragua is 166  million pounds, with exports of USD  300.8  million, which represents 2 0% of the 
total value of our agricultural and fisheries exports. These data demonstrate the importance of this 
sector for our country.  With regard to your questions, Nicaragua considers that the text circulated 
by the Chair on 30  June 2021 serves as a good  basis for reaching a balanced outcome no later than 
the forthcoming Twelfth WTO Ministerial Conference.  You can count on Nicaragua in moving this 
process forward.  
4.464.   H.E. Mr. Diego Llosa, Vice Minister for Foreign Trade of Peru , provided the following 
statem ent:  
4.465.   As highlighted in the document setting out the questions on which we will make statements 
today, negotiations on fisheries subsidies disciplines started in 2001, two decades ago, with renewed 
impetus when the United Nations agreed on the Sustainable Development Goals in 2015 and from 
the declaration of the Eleventh  WTO Ministerial Conference in Buenos Aires in 2017. It is definitely TN/C/ M/41 
 
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  time for us to reach an agreement; we cannot afford any further delay in view of the scale of this 
topic.  
4.466.   We share the c oncern about the impact of fisheries subsidies and the conviction regarding 
the important contribution that this agreement can make in this regard. We appreciate the questions 
addressed to us, and we believe that these will be very helpful in closing this process.  
4.467.   With regard to the first question raised, Peru reiterates its commitment to the negotiations 
on fisheries subsidies at the WTO, where it has participated actively over the past two decades, and 
its willingness to contribute constructively towards reaching the necessary consensus before the 
Twelfth  WTO Ministerial Conference. We also confirm that the current draft text presented by 
Ambassador Wills brings together the basic elements of the landing zones needed to make progress 
in the negotiations to  conclude the agreement. In this regard, and even though there will be a 
change of government in Peru at the end of July, our Head of Delegation in Geneva has the authority 
to represent our country's efforts to contribute to the flexibility needed to concl ude the negotiations.  
4.468.   With regard to the second question, in the context of the mandate of SDG target 14.6 and 
the Eleventh  WTO Ministerial Conference, we believe that the consideration of special and differential 
(S&D) treatment must seek a balance that e nables it to be applied in a manner that does not 
undermine the ambition of the agreement or its effective implementation.  
4.469.   In this regard, responding to your query, for the purposes of these negotiations only, we 
believe that the key component of S&D treat ment can be for fishers in developing and LDC Members 
characterized by their high vulnerability and relatively low income. It should be recognized that there 
is no single definition of artisanal fishing, and that a specific characterization is being negoti ated 
which must be clear. Moreover, the scope of the term "poor and vulnerable" in the question raised 
should be clarified so as to achieve the right balance that will lead us to consensus.  
4.470.   I reiterate the gratitude of the Government of Peru for the momentum that you are giving 
to these negotiations. The holding of this meeting with my colleagues is an important signal of the 
importance of the topic for us and the need for our engagement and commitment at the highest 
level. I am convinced that we will  succeed in concluding this agreement, demonstrating that 
multilateralism is fundamental to the international system, and even more so in this context, and 
will confirm that the WTO can effectively address high profile issues such as today's, which are key  
to sustainable development.  
4.471.   H.E. Senator the Honourable Kamina Johnson Smith, Minister for Foreign Affairs and Foreign 
Trade of Jamaica , also speaking on behalf of the African, Caribbean and Pacific Group of States , 
provided the following statement:  
4.472.   I deliver this statement on behalf of the ACP Group and on behalf of Jamaica.  As ACP Group 
Ministers, we re -affirm our full commitment to concluding the fisheries subsidies negotiations as 
soon as possible, preferably, before the Twelfth  WTO Ministerial Confere nce. We would also wish to 
ensure that we conclude a quality agreement that delivers on the SDG14.6 and MC11 mandates.  
4.473.   The text has shown some improvements. However, it requires balancing, which may be 
achieved if amendments are effected to reflect the vi ews and issues put forward by our Members . 
In this regard, a lot of work is needed, including additional textual language to take account of the 
WTO’s fundamental objectives of prohibiting certain forms of harmful subsidies that contribute to 
overfishing a nd overcapacity and IUU fishing, while preserving the sovereign rights of Members 
within their maritime jurisdiction, and, allowing for sufficient policy space for developing and LDC  
Members  to develop the capacity of their fisheries sector in a manner that responsibly seize the 
benefits to be derived from the ocean economy.  
4.474.   For example, the text contains elements necessary for the IUU pillar, but further work is 
needed on areas such as due process, flag state determination, the primacy of the coastal state and 
effective rules for the subsidizing member to trigger the subsidy prohibition, after a determination, 
in a timely manner. Importantly, the text requires additional language regarding s pecial and 
differential treatment. We are also consulting on the issue of transparency and notification. In 
addition, in the overcapacity and overfishing pillar the current approach focuses on fisheries 
management, instead of subsidy prohibition as instruc ted by the mandate. There are loopholes in TN/C/M/41  
 
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  the current draft that may lead to a maintenance of the status quo, thus defeating our collective 
sustainability objectives.  
4.475.   We recall that the ACP Group has advocated a list -based approach due to its simplicity. The 
hybrid approach to be found in the current text incorporates an effects -test combined with fisheries 
management modalities. Our analyses have shown that this approach does not fit well with the ACP 
Group’s multi -species and tropical waters ecosystems, combined with our limited data capacity. That 
hybrid approach could also undermine the principles of "polluter pays " or differentiated 
responsibilities.  
4.476.   The current text should, therefore, be balanced with clear mechanisms for the elimination 
of harmful su bsidies, especially by major subsidizers, rather than establishing disciplines for fisheries 
management. Addressing these issues represents work in progress and we believe that their 
resolution would bring balance and equity, as well as improve the sustain ability dimension of the 
text. In this regard, our Heads of Delegation have the authority and flexibility, and they have been 
mandated to continue to engage constructively in the negotiations with a view to arriving at mutually 
agreeable solutions, providi ng a balance of benefits for all. We will be providing them with the 
necessary guidance and instructions during the process.  
4.477.   Turning to your second question, we believe that the special and differential treatment 
provisions should benefit poor and vulnerab le artisanal and small -scale fishers for their operation 
within the exclusive economic zones of coastal states. We have consistently argued for a carve -out 
of artisanal and small -scale fishing from the scope of the Agreement, as they are not the cause of 
overfishing and over -capacity. We welcome the removal of time limits for the exemption of artisanal 
and small -scale fishing. At the same time, the ACP Group is not in a position to agree to limitations 
only within 12 nautical miles, as our artisanal and sma ll scale fishers operate well beyond those 
parameters.  
4.478.   The special and differential treatment provisions of the agreement should also allow for and 
foster the responsible development of the fisheries sectors in developing and LDC  Members .  WTO 
Members whos e subsidies and/or percentage of global catch is below an appropriate de minimis 
threshold should be exempt from the overfishing and over capacity obligations. The disciplines 
should target major subsidizers and distant water fishing nations. Special and d ifferential treatment 
should not be limited to transition periods, and our core interests in having policy space for 
development of the sector should not be substituted for technical assistance and capacity building.  
4.479.   Invoking flexibility and special and di fferential treatment provisions in the agreement should 
be in line with the principles of responsible fishing but should not be conditioned on onerous 
notification requirements that would impede access of developing and LDC  Members  to these 
provisions. In closing, compromises are needed on all sides.  The ACP Group has shown maximum 
flexibility, so far. The process must be member -driven, transparent and inclusive. We extend a hand 
of collaboration and partnership and look forward to a timely and successful c onclusion of the 
negotiations.  
4.480.   The representative of the Central African Republic , speaking on behalf of H.E. Ms. Léa Mboua 
Koyassoum Doumta, Minister for Trade and Industry of the Central African Republic , provided the 
following statement:  
4.481.   On behalf of th e Government of the Central African Republic headed by Henry Marie 
DONDRA, Prime Minister and Head of Government, under the highest instructions of His Excellency 
Professor Faustin Archange T ouadera , President of the Republic and Head of State, I would lik e to 
commend you for your commitment to contributing effectively to the improvement of the functioning 
of the multilateral trading system and, most notably, for your efforts to find ways and means to 
move forward the negotiations on fisheries subsidies, wh ich we hope will lead to the conclusion of a 
balanced agreement.  
4.482.   The mandate for the negotiations on fisheries subsidies, which were launched in 2001 at the 
Doha Ministerial Conference, was reiterated and reinforced by the Eleventh Ministerial Conference 
in Buenos Aires, where Members agreed to adopt an agreement in 2020 that would give effect to 
Sustainable Development Target 14.6, which involves prohibiting certain forms of fisheries subsidies 
that contribute to overcapacity and overfishing; eliminating s ubsidies that contribute to illegal, TN/C/ M/41 
 
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  unreported and unregulated fishing; and making special and differential treatment for developing 
and LDC Members  an integral part of the agreement. Here we are today at least 20 years into the 
negotiations.  
4.483.   We are all a ware that fishing activities have an indirect upstream and downstream economic 
impact, particularly in terms of wealth and job creation, but also because of their contribution to 
food security.  When observing the actors, types of fishing practised and the gains generated, we 
note an imbalance insofar as the majority of the actors involved in certain types of fishing live in 
developing and LDC Members  where practi cing the activity constitutes for them a means of 
subsistence, since they live in extreme povert y caused amongst other things by unfair competition 
that they cannot withstand.  
4.484.   We must bear in mind that one of the objectives set by the WTO is to make trade an 
instrument for growth and poverty reduction. This objective should encourage us to work on 
improving the living conditions of the poor.  We are, however, pleased that the negotiations have led 
to a draft text that, with political will, could result in the conclusion of an agreement. We would like 
to encourage you to improve the approaches taken, wi th a view to federating negotiating positions 
for an agreement in a sector that is so important for the survival of the vulnerable populations of 
developing and LDC Member s. 
4.485.   In light of the foregoing, the Central African Republic endorses the statements by  the African 
Group, the LDC Group and the Group of Landlocked Developing Countries on the need to conclude 
a fisheries agreement.  To that end, the Central African Republic calls on WTO Members to renew 
their commitment to concluding a balanced agreement on  fisheries in order to, inter alia, slow down 
the continued degradation of the world's fisheries resources and provide developing and LDC 
Members  with the opportunity to receive special and differential treatment that would help promote 
the artisanal fishe ries sector.  
4.486.   H.E. The Honourable Hugh Hilton Todd, M.P., Minister f or Foreign Affairs and International 
Cooperation of Guyana and the CARICOM Ministerial Spokesperson , also speaking on behalf of the 
Caribbean Community , provided the following statement:  
4.487.   We align ourselves with the statement made on behalf of the Organi zation of African, 
Caribbean and Pacific States Group.  The negotiating text before us no doubt shows incremental 
progress on many important elements. However, throughout the negotiations, our  representatives 
have consistently advocated for principles of equity and fair play to be reflected in the text in order 
to achieve an acceptable agreement. Accordingly, we underscore that those most responsible for 
the damage caused to our global fisherie s resources by the provision of massive amounts of subsidies 
over many years, should bear the brunt of the responsibility and costs for rectifying the problem.  
4.488.   We recall the recent statement by Ministers of the Organization  of African, Caribbean and 
Pacific States on 24 June 2021, that it is the overwhelming subsidization by large scale distant -water 
fishing nations that have created the problem of global overcapacity, overfishing and Illegal, 
Unreported and Unregulated (IUU) fishing. It is therefore at tho se Members  that the prohibition 
disciplines should be targeted. We now turn to the specific questions posed for our consideration. 
First, we were asked whether we would be able to confirm that the basic elements of the landing 
zones for this agreement are contained within the current draft text and whether we would be 
prepared to fully authorize our Heads of Delegation in Geneva to contribute to the flexibility needed 
to conclude the negotiations.  
4.489.   As Small and Vulnerable Economies (SVEs), we cannot accept an agreemen t that hinders 
our ability to support our predominantly small -scale fishing activities and to develop sustainably our 
marine resources. Furthermore, we cannot accept that the major subsidizers would be exempted 
from the core disciplines, based on the claim  that they have fisheries management systems in place 
and the resources to maintain them. Our Heads of Delegation are mandated to operate constructively 
within the policy frameworks and directives given by our Governments. The policy positions and 
technica l assessments our delegations have advanced in these negotiations, in the various formats, 
have benefited from and will continue to benefit from, thorough political and technical consultations 
among the region 's stakeholders.  TN/C/M/41  
 
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  4.490.   Second, concerning special and  differential treatment (S&DT) in the context of these 
negotiations, while we are indeed concerned with the plight of our poor, vulnerable, artisanal and 
small scale fishers, our concerns go much further. Overall, the flexibilities appearing in the current  
Revised Text lean heavily to the advantage of the major large -scale, distant water fishing nations. 
At the same time, the flexibilities proposed for SVEs, are inadequate to address our interests.  
4.491.   We further emphasize that our commercial fishing operation s are miniscule in comparison 
to those of major players and do not benefit from harmful subsidies. We support the approach of a 
S&DT carve -out for LDCs, as is already reflected in the text, but also for SVEs, which are not among 
the major subsidizers. It i s in this regard that we continue to strongly advocate for the inclusion of 
a de minimis exemption from the Article 5 prohibitions for SVEs, which have a negligible impact on 
the problem at hand.  
4.492.   Additionally, the provisions on S&DT in the draft text are s o heavily circumscribed with 
conditions, limitations, and onerous notification requirements, so as to make them ineffective and 
meaningless, insofar as SVEs are concerned. CARICOM 's artisanal and small -scale fishing take place 
both within and beyond 12 nau tical miles. Thus, any exemption granted to artisanal and small-scale 
fishing should extend beyond the territorial seas to include the EEZs.  
4.493.   CARICOM Member States rely heavily on our maritime jurisdiction and require the policy 
space to ensure that all our  marine resources contribute to our current and future sustainable 
economic growth and development, given our small land mass. We will continue to engage 
constructively in these negotiations and remain committed to their successful conclusion, but it is 
necessary that the text be appropriately balanced to reflect the interests of SVEs such as ours.  
4.494.   H.E Mr. Aleksandar Stijović, Minister for Agriculture, Forestry and Water Management of 
Montenegro , provided the following statement:   
4.495.   Today's Ministerial meeting is of manifold importance. Firstly, as an opportunity to recommit 
ourselves to successfully meet the mandate from the 2015 United Nations Sustainable Development 
Summit and Eleventh  WTO's Ministerial Conference in relation to SD G14.6. That is to discipline 
harmful subsidies leading to overfishing and overcapacity and illegal, unreported and unregulated 
fishing while ensuring for appropriate and effective special and differential treatment. This would 
send a clear signal of our st rong political support.  Secondly, as a priority for the WTO Members, the 
fisheries subsidy negotiations have been dragging on, and are long overdue.   
4.496.   Thirdly, despite of a comprehensive body of international law governing marine fisheries, we 
are continuo usly witnessing the deteriorating trend of fish stocks.  Fourthly, the unprecedented 
COVID -19 pandemic and uncertainties surrounding the world today are a reminder of the critical 
importance of a well -functioning rules -based multilateral trading system for the collective health, 
global economy and its growth, and the role of WTO in this regard.  Finally, in view of these 
developments, the negotiations on disciplines to fisheries subsidy negotiations are a litmus test of 
the WTO 's ability to deliver on the SDG s, specifically SDG 14.6 and, in general, of its potential to 
still deliver new multilateral rules.  
4.497.   With this in mind, let me touch upon a few points of particular significance for Montenegro. 
The Montenegrin marine fisheries sector is small in scale, wit h a very old fleet of limited capacity. It 
currently stands at 290 vessels, of which only 35 are longer than 10 m, while 1/3 of the vessels are 
inactive due to obsolescence. The number of fishing days largely depends on the weather, and in 
Montenegro it ra nges from 50 to 80 days a year. Montenegro shares the Adriatic Sea with a number 
of EU member states and neighbouring countries, and according to available data on the total catch 
of all countries from fishery resources in the Adriatic Sea, Montenegro did not exceed 1% of the 
total catch.  
4.498.   Montenegro is a full member of the GFCM (General Fisheries Commission for the 
Mediterranean -FAO), where it is recognized as a good example of sustainable management and 
conservation of marine resources. Based on the conduc ted scientific research on the state of 
(demersal and pelagic) resources in the territorial sea, the Ministry of Agriculture, Forestry and 
Water Management of Montenegro annually determines the maximum allowable catch and the 
capacity of the fishing fleet that can participate in that catch.  TN/C/ M/41 
 
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  4.499.   In line with the issues raised in your letter of 2nd July, let me briefly outline our views.  
Montenegro considers that the proposed consolidated draft text contains the basic elements for a 
sustainability - based flexibi lity while taking into account the specific capacities and needs of the 
Member s concerned. Specifically, Montenegro would be able to support the flexibility for WTO 
members, commensurate with their needs and capacity constraints even beyond the group of LD Cs. 
We will continue to support proposals to better integrate members with capacity constraints, also in 
connection with the specific situation in developing and LDC  Members . On these grounds, the 
Montenegrin Head of the Delegation in Geneva will be author ized to contribute to the flexibility 
needed to conclude the negotiations ahead of the Twelfth  WTO Ministerial Conference.  
4.500.   H.E. Mr. Wai Lin Maung, Director -General for the Fishery Department for the Ministry of 
Agriculture, Irrigation and Livestock of Myan mar, provided the following statement:   
4.501.   The Government of Myanmar is committed to reform towards greater trade openness, 
diversification of the economy among others including the fisheries sector which is vital for Myanmar 
and contributing to national food  security and income generation  and aims to establish a sustainable 
balance in environmentally friendly production, and upgrading the socio -economic conditions of 
fishing communities.  
4.502.   As intended above, Myanmar has been cooperating with Regional and Inter national bodies, 
and assess the status of marine ecosystem survey in Myanmar include the Exclusive Economic Zone 
(EEZ) by R.V. Dr. Fridtjof Nansen.  Followed by the result finding, Myanmar has carried on the 
conservation measures such as defining the non -fishing seasons and expending the fishing 
conservation zone and fisheries co -management areas. These measures are consistent with 
recommendation of the scientific surveys and National Plan of Action for combating IUU fishing in 
Myanmar. The finding of the s tudy on fishery subsidies conducted by IISD in 2020 stated that 
Myanmar has no apparent subsidies for overfishing and overcapacity. It is a unique position to 
implement reforms with the WTO rules.  
4.503.   In connection with the questions of WTO, Myanmar will contr ibute to the flexibility together 
with LDC Group needed to conclude the negotiations ahead of the Twelfth  WTO Ministerial 
Conference and continue to negotiate with the current draft text. Myanmar 's WTO Delegation in 
Geneva is fully cooperating with Fishery  Department and contributing to the flexibility as needed to 
conclude the Negotiations. Myanmar appreciates provision of transitional period for LDC that is 
required to implement the WTO rules and it is also important that there should be enough periods 
for transitional stages. Allow me to conclude the Statement by stressing the crucial of effective 
technical assistance and capacity building to the Members  for the effectiveness of relevant National 
laws, Management measures and go along with transparency pr ocess.  
4.504.   H.E. Mr. Paulo Lima Veiga, Minister for the Sea of Cabo Verde , provided the following 
statement:  
4.505.   We would like to make it clear that we fully support the statements made by the colleague 
of Jamaica on behalf of the  ACP and also the interventions whi ch will be presented by Mauritius on 
behalf of the  African Group. Cabo Verde recognizes  the importance and the role of the fisheries  
sector in the socio -economic development, food security and economic security of all ACP Member 
States. We are fully engaged in the implementation of the global economy and the United Nations 
2030 agenda for sustainable development and in particular the SDG 14. We are aware of the 
concerns about the global depletion of fisheries resources and the nega tive impact of harmful 
subsidies especially those granted  by ma jor fishing Member s in distant  waters. We are also aware 
of the challenges posed by the COVID -19 pandemic.  
4.506.   We recogni ze the efforts of the ACP negotiators to promote and protect the ACP Group's 
interests in addressing issues of concern regarding WTO rules on fisheries subsidies. While we 
acknowledge progress  in the negotiations , we find that  document TN/RL/W/276 discussed at the 24 
June meeting  does not take into account the interests of ACP Me mber States. It is urgent that we 
achieve an agreement in the WTO in order to ban certain forms of fisheries subsidies that contribute 
to overfishing and eliminate subsidies that contribute to IUU fishing, avoid introducing new subsidies 
and ensure special  and differential treatment for developing and LDC Members .  To conclude, I 
hereby express our commitment to help conclude a balanced and meaningful outcome that will 
contribute to the attainment of SDG 14 and meet our development objectives.  TN/C/M/41  
 
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  4.507.   The represent ative of Cambodia, speaking on behalf of H.E. Mr. Pan Sorasak , Minister for 
Commerce of Cambodi a, provided the following statement:  
4.508.   Cambodia associates itself with the statement made by Chad on behalf of the LDC Group. 
Fisheries subsidies is an important issue, and it is an issue that have taken the WTO 20 years just 
to get to this stage. Even though there are different approaches proposed to address the issue, it is 
encouraging to see some common grounds and flexibilities shown among members in the 
negotia tion. It is therefore crucial, with the MC12 just around the corner, that we rally together to 
bridge our differences for mutual benefits and the sustainability of fisheries and those who depend 
on fisheries for their livelihood and the realization of SDG Target 14.6. With that in mind, I am 
pleased to inform that I have given the Cambodian delegation in Geneva a wide latitude in the final 
stages of the negotiation so that we can find convergence in the various issues that are still 
outstanding.  
4.509.   Turning to Special and Differential Treatment for developing Members and LDC Members, 
we urge that the developed country Members provide full flexibility, especially to LDCs for low 
income, resource -poor and livelihood fishing or fishing related activities as these k inds of fishing do 
not have detrimental impact on sustainable fisheries. We thank Members for the support and 
inclusive interest and taking into account the lack of resources and constraints faced by LDCs.  
4.510.   Notwithstanding the S&DT , please be assured that we remain vested on the need to protect 
fisheries from illegal, unregulated and unreported fishing and overcapacity and overfishing. On these 
pillars, we commend all Members in conducting the negotiation in an open and transparent manner. 
We, however, woul d like to reiterate our concern over the use of force labour in all kinds of fishing 
and fishing related activities as these practices are against the labour and human rights and should 
be disciplined in some ways or forms in this instrument.   
4.511.   Finally, an d equally important, Cambodia would like to take this opportunity to urge Members 
to fully commit to provide technical assistance and capacity building to LDCs for implementing this 
instrument effectively. We look forward to working closely with all Member s to discuss and find ways 
to overcome challenges and solve remaining issues and differences so that we can achieve a positive 
outcome in MC12 in Geneva later in 2021.  
4.512.   H.E. Mr. Ueritjiua Kauaria, Deputy Executive Director for the Ministry of Fisheries and Marine 
Resources of Namibia , provided the following statement:  
4.513.   At the outset, Namibia supports the statements delivered by the Coordinator of the African 
Group Hon. Minister, Alan Ganoo of the Republic of Mauritius and the statement Delivered by the 
Coordi nator of ACP, Hon. Minister Kamina Johnson - Smith of Jamaica. Namibia 's marine resources 
sector are guided by appropriate policies and legislative framework to sustainably harvest its marine 
resources and continues to implement sustainable harvesting of it s marine resources, that is 
environmentally sustainable and socially inclusive for the benefit of all Namibians present and future.  
4.514.   The Namibian Fisheries Resource Management tools comprises of fishing rights, setting of 
total allowable catches, allocation  of quotas and licensing of vessels. The objective of rights and 
quota 's system is to limit and control fishing, promoting Namibianisation of the sector and charging 
resource rent, which comprises of quota and research levies, which are designed to contrib ute 
towards Government income from the exploitation of fisheries as a national resource.  The sector 
plays an important role in terms of local production, employment creation and sustenance, foreign 
exchange earnings and contribution to government revenue. During 2019, fisheries contribution to 
Gross Domestic Product (GDP) and export values stood at 4% and 11% respectively and sustained 
employment to 16,970 people of which 99% are Namibians. It is against this backdrop that, the 
outcome on fisheries subsidie s should address the capacity constraints and the need for policy space 
to develop domestic fishing industries in developing and LDC Members . 
4.515.   This can be achieved through a balanced, positive  and inclusive negotiated outcome on 
Special and Differential Treatment for developing and LDC Members . Furthermore, WTO is not a 
Fisheries Management Organization  and that the primary goal of these negotiations is to conserve, 
and sustainably use fisherie s marine resources. Therefore, the prerogative is with National 
Authorities of Coastal States to determine IUU and, situation of overfished stock, in their respective 
EEZ or jurisdiction and Regional Fisheries Marine Organizations (RFMOs) at high seas.  TN/C/ M/41 
 
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  4.516.   On the Revised Draft Consolidated Chair 's Text in Document TN/RL/W/276/Rev.1, the text 
serves as good basis for our work moving forward with view to achieve some landing zones. 
However, the text requires refinement, including additional textual language, to r eflect the views 
and concerns expressed by Members of the African Group and ACP to have a balanced approach in 
reducing the impact of fisheries subsidies by large subsidizers.  
4.517.   On questions from the Chairs of the TNC and NGR, Namibia reaffirms its commitmen t and 
support to conclude the fisheries subsidies negotiations ahead of MC12 scheduled to take place later 
this year. It is in this regard that, we should strive to reach a balance outcome that is geared towards 
addressing the disparities and loopholes wit hin the fisheries text in order to achieve our mandate of 
14.6. In addition, the African Group and ACP to which Namibia is a Member, have shown some 
flexibilities in a number of areas whereas, other proponents are still inclined greatly to their positions 
which does not assist the efforts being made hence, derailing the realisation of our mandate.  
4.518.   On the second question, Special and Differential Treatment is an embedded right for 
developing and LDC Members of the WTO and should not be limited or reserved to  a specific 
component within the fisheries negotiations, but rather it should be an integral part of the WTO 
fisheries subsidies negotiations in line with mandate.  To conclude, looking ahead towards the Twelfth  
WTO Ministerial Conference, Namibia is commit ted and willing to constructively engage other 
Members with the aim to achieve a balanced and meaningful outcome of the fisheries negotiations 
with a primary target of 14.6 for sustainable development.  
4.519.   H.E. Mr. Etienne Kindia, Deputy Permanent Representati ve to Geneva of Côte d'Ivoire , 
provided the following statement:  
4.520.   Côte d'Ivoire, taking into account  your introductory remarks and in light of the provisions of 
the new version of the draft negotiating text, would like to meet the requirements of the exercise to 
which Members are subject, first of all recalling the key objectives of the mandate concernin g 
fisheries subsidies, contained in the Ministerial Decision adopted at the Eleventh  WTO Ministerial 
Conference in 2017, in relation to target 14.6 of the UN Sustainable Development Goals.  The aim is 
to reach agreement on: establishing disciplines to elimi nate subsidies that contribute to illegal, 
unreported and unregulated (IUU) fishing; prohibiting certain forms of fisheries subsidies that 
contribute to overcapacity and overfishing; and providing for special and differential treatment for 
developing and L DC Members . 
4.521.   The delegation of Côte d'Ivoire, having regard to the key objectives of the fisheries subsidies 
mandate, would like to reaffirm its commitment and readiness to cooperate with the same 
determination to conclude a mutually satisfactory solution f or all, in response to the question on the 
flexibility necessary to conclude the negotiations. Indeed, there is no doubt that, for once in 20 
years, we have moved closer to the goal with a practically consolidated text.  
4.522.   My delegation is of the view that, b efore MC12, we could conclude an agreement that could 
halt the ongoing deterioration of the world's fisheries resources and promote the economic activities 
and livelihoods that they support, despite the few stumbling blocks requiring political rather than 
technical solutions.  In this regard, Côte d'Ivoire welcomes the fact that the basic elements of the 
common ground necessary to reach this conclusion are included in the current draft text. To this 
end, the Government of Côte d'Ivoire's instructions for ful l participation in these negotiations in a 
spirit of cooperation and openness with the necessary flexibility given to its head of delegation in 
Geneva remain in place  and will guide Côte d'Ivoire's participation in the conclusion of these 
negotiations.  
4.523.   On the second issue, related inter alia to special and differential treatment, which is 
necessary and sufficient to take into account the concerns of the populations of developing and LDC 
Members that practise artisanal, small scale and subsistence fishing, i t is important to stress that 
S&DT is an integral part of the mandate and should be reflected in any outcome. Appropriate and 
effective S&D T in relation to the different disciplines under negotiation should therefore be available 
for these Members . 
4.524.   Further more, disciplines relating to transparency should not generate additional costs. 
Moreover, technical assistance and capacity building to be considered in the draft text should not 
only be concerned with implementation of the disciplines but also and especi ally with the TN/C/M/41  
 
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  development of the fisheries sector, which forms part of the economy and must still be promoted 
and made profitable for these Members . The policy space required for this purpose must be taken 
into account.  
4.525.   On all of these fisheries subsidies issues, Côte d'Ivoire would like to support the position of 
the African Group and that of the ACP Group. Moreover, it would like to express its full commitment, 
its support for progress made and its strong determination to show the flexibility necessary fo r 
concluding an agreement including the requisite functional S&D treatment for developing and LDC  
Members  prior to MC12.  
4.526.   H.E. Mr. Aimé Clovis Guillond, Permanent Representative to the WTO of Congo , provided the 
following statement:  
4.527.   I am making this stateme nt on behalf of the Government of the Congo, while aligning myself 
with the statements made here by the Coordinators of the African and ACP Groups respectively. This 
text, which until now has served as a working document, still requires substantial improve ment, as 
it is somewhat unbalanced. This is reflected, among other things, in the fact that it fails to take into 
account our concerns regarding sustainability, and even less so our national policy interests for the 
development and promotion of this sector . Moreover, it seems to legitimize existing practices used 
by the major subsidizers.  Against this backdrop, my delegation would like to emphasize adherence 
to our mandate to establish disciplines to eliminate subsidies to illegal, unreported and unregulate d 
(IUU) fishing; to prohibit certain forms of fisheries subsidies that contribute to overcapacity and 
overfishing; and to provide for special and differential treatment for developing and LDC Members  
4.528.   Regarding your first question on flexibility, it is impo rtant to note that the Congo is 
committed to supporting with the necessary flexibility any initiative aimed at concluding these 
negotiations in compliance with the said mandate.  With regard to your second question on special 
and differential treatment, it should be noted that S&DT is provided for in the mandate and should 
be available to developing Members and LDCs, not only to strengthen their capacity to promote 
fisheries, but also to implement the provisions of the new agreement efficiently.  
4.529.   Thus, to ach ieve a future agreement, the text should: exclude from the scope of application 
artisanal and small -scale fisheries; ensure the enforcement of sanctions against IUU fishing, which 
particularly affects Member s; ensure that the prohibition to be applied is i n line with the S&DT 
flexibilities in the mandate; ensure provisions on the primacy of the coastal State in identifying 
infringements in waters, in accordance with international law. In conclusion, my country reiterates 
its commitment to working towards a fair and balanced outcome in this area for the Twelfth 
Ministerial Conference.  
4.530.   The representative of Benin , speaking on behalf of H.E. Mr. Gaston Cossi Dossouhoui, 
Minister for Agriculture, Livestock and Fisheries of Benin , provided the following statement:  
4.531.   Benin supports the statements made by Mauritius, Jamaica and Chad respectively on behalf 
of the African Group, the ACP Group and the Group of Least Developed Countries (LDCs). The Chair's 
text provides a good basis to a dvance in this direction. However, we must work collectively with a 
view to achieving a balanced text that responds to the negotiation mandate on the one hand and 
takes into account the specific concerns of Benin and the groups to which it belongs on the o ther. 
4.532.   In this regard, preservation of small -scale artisanal fishing, as well as the importance of the 
disciplines on fisheries subsidies, remain essential concerns for Benin. In fact, the country is 
deploying efforts to support the artisanal fishing sector , which is one of the most vulnerable in its 
economy, and one which plays a very important socioeconomic role, particularly in terms of job 
creation, subsistence income for fisher persons and, consequently, in poverty reduction. Moreover, 
it is crucial tha t the final agreement really discipline subsidies that promote overfishing, illegal, 
unreported and unregulated fishing (IUU fishing), above and beyond the single discipline of fisheries 
management and transparency.  
4.533.   In conclusion, it is Benin's fervent wis h that the final text can reflect even more the specific 
concerns of developing and LDC Member s on the above -mentioned issues, with the appropriate 
flexibilities in the area of special and differential treatment (S&DT), which cannot be circumscribed TN/C/ M/41 
 
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  to art isanal fishing alone. In conclusion, Benin invites all WTO Members to show greater flexibility 
and pragmatism with a view to effectively concluding these negotiations by MC12.  
4.534.   H.E. Excellency Mr. Javier Francisco Aguiar Rodrìguez, Vice Minister in charge o f fisheries 
issues of Cuba , provided the following statement:  
4.535.   We appreciate the convening of this virtual meeting and are aware of the efforts involved in 
holding such an event in the current circumstances, with the COVID -19 pandemic affecting the 
course of our day to day lives. The Negotiating Group on Rules is practically the only WTO body that 
shows an interest in achieving outcomes for the upcoming Twelfth Ministerial Conference in respect 
of one of the outstanding issues of the Doha Round.  My delegati on believes it is vital to preserve 
and respect the existing mandates, including those in the decisions adopted by Ministers in Bali and 
Nairobi. They all remain valid today. While concluding the outstanding Doha issues remains a 
challenge, we must work to wards fully achieving this objective.  
4.536.   Regarding the main focus of the meeting, we would like to comment on various aspects. 
Generally speaking, we welcome the Negotiating Group Chair's efforts to present, on his own 
responsibility, Revision 1 of the draft consolidated text, document TN/RL/W/276/Rev.1. The text 
seeks to reflect years of negotiations and the varying interests of Members. Nevertheless, much 
remains to be done to achieve an outcome that is acceptable to all.  
4.537.   The negotiating process for fisherie s subsidies must be conducted in formats that are 
transparent; it must also be inclusive and should not overlook the proposals submitted by Members 
during the many working sessions and intensive negotiating meetings. In order to achieve an 
effective outcom e in this area, the policy space of developing and LDC Members  in their jurisdictional 
waters must be preserved so that they can continue developing this sector in a sustainable and 
responsible manner, while maintaining the artisanal and small -scale fisher ies that characterize the 
fishing activities of a representative number of ACP Group economies.  
4.538.   My delegation believes that a clearly imbalanced text that makes special and differential 
treatment conditional cannot be used as a basis for negotiation where the only aim is to find 
compromise solutions. There are parts that must be amended in accordance with the proposals 
submitted. It is key to ensure that effective special and differential treatment forms part of any 
outcome. The mistakes of the past, which have resulted in differential treatment that is ambiguous 
and difficult to implement in certain areas, must be avoided.  
4.539.   The notification burden must be eased. A genuine outcome would not entail an excessive 
notification burden that many developing and LDC Members  could not meet. It is vital that the 
outcome of these negotiations remains within the scope of the negotiating mandate and does not 
go beyond it. We reiterate the importance of ensuring that the negotiating format allows developing 
Members with few er capacities to participate and present their interests.  
4.540.   It is also important, in the current climate of the pandemic, not to rush to try to achieve an 
outcome that fails to take into account the development concerns of developing and LDC Members . 
Such an  outcome would not be satisfactory. The importance of this mandate and the peremptory 
deadline by which it is governed must not result in an increase in existing asymmetries.  Many 
developing and LDC Members do not have the infrastructure required to be abl e to participate in 
these virtual negotiations and meetings   a situation exacerbated by the impact of COVID -19. Many 
delegates from these Member s are currently not able to access these virtual meetings.  
4.541.   Before concluding, we would like to reaffirm our wil lingness to work together to achieve a 
positive outcome at the upcoming Twelfth Ministerial Conference, one that allows for progress on 
the outstanding Doha mandates, which continue to represent a long standing debt for this 
Organization. We would like to endorse the statement made on behalf of the ACP Group.  
4.542.   H.E. Ms. Naha Hamdi Mouknass, Minister for Trade, Industry, Handicraft and Tourism of 
Mauritania , provided the following statement:   
4.543.   We are here to craft the outlines of an agreement that will beyond a ny doubt be historic for 
Members . If this agreement is concluded, it will allow us, after 20 long years of negotiations, to 
regulate one of the vital sectors for our populations and our economies, and to combat the TN/C/M/41  
 
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  overexploitation and depletion of fish st ocks, in line with the objectives of the Doha Round in 2001, 
the mandate of MC11 and SDG target 14.6, adopted in 2015. Fishing in all its forms is an essential 
source of income, a factor of economic growth and a pillar of our country's development.  
4.544.   With a coastline of 720 km, our country has an economy that relies significantly on the 
fisheries sector. The latter accounts for 25% of foreign exchange earnings and employs over 42,000 
people, of which 80% are in artisanal fishing.  However, subsidies that contr ibute to illegal, 
unreported and unregulated (IUU) fishing are without doubt a danger to our fisheries resources, to 
the preservation of our marine ecosystem and its biodiversity, and to our peoples. Hence there is an 
urgent need to put an end to this harm ful practice once and for all.  For this reason it is crucial to 
reach an agreement on the sustainable management of our oceans where special and differential 
(S&D) treatment is defined in a clear and precise manner. To that end, my country aligns itself wi th 
the position of our membership groups, in particular the OACPS, which, it should be recalled, 
accounts for nearly 50% of WTO Members but whose impact is negligible and represents only 2.5% 
of the total marine catch.  
4.545.   Artisanal fishing is small scale fishing but it is essential for the survival of our communities 
and is one of the priorities for some Member s, such as ours.  We therefore believe that S&D treatment 
should not be limited only to this category of fishing. We have small maritime fleets with limited 
catch capacity, far from the overcapacity and overfishing that characterize industrial fishing.  It is 
therefore more than necessary to improve certain provisions contained in the draft text submitted 
for our apprais al. In light of the above, we request that this agreement take into consideration:  
adequate S&D treatment for LDCs and ACP States in the effective implementation of the 
recommendations of the agreement;  capacity building and technical assistance to implement the 
new reforms that will be agreed upon;  exclusion of artisanal and small -scale fishing from the 
agreement to continue protecting our vulnerable populations whose survival depends on the sector.  
4.546.   Mauritania reiterates its firm commitment to reach ing a consensus, prior to MC12, to 
terminate certain subsidies related to IUU fishing.  I also wish to reiterate that S&D treatment is, and 
will remain, a priority for us. In this regard, we call for specific treatment for those  with small fleets 
and with l ow marine capture capacity.  While recognizing the progress that has been made in our 
negotiations, I encourage our permanent representative to continue the negotiations, with all the 
required flexibility, in order to reconcile the different positions and f ind an effective agreement that 
takes into account our various concerns before our next ministerial conference.  
4.547.   The representative of Madagascar , speaking on behalf of H.E. Ms. Ratefinanahary 
Rantoarivola Edmée, Director for External Trade for the Ministry  of Industry, Trade and Crafts of 
Madagascar , provided the following statement:   
4.548.   We align ourselves with the statements made, and to be made, on behalf of the LDCs, the 
African Group and the ACP Group.  The issue of fisheries subsidies is of paramount impor tance for 
Madagascar, which is an island with a vast maritime region, on which much of its economy depends. 
However, beyond economic aspects, given the highly endemic nature of Madagascar's marine 
biodiversity, this issue is at the very heart of our concer ns. We are not a country with a large fishing 
capacity, but we are seeing an alarming decline in maritime resources year on year. Our fishers, 
who have been practising their craft from generation to generation, have been severely affected by 
this depletion  of stocks.  
4.549.   We would therefore like to express our gratitude to all those who continue in their 
endeavours to bring us all together on this matter; in facing this, we must all show responsibility 
and flexibility in our deliberations in order to achieve an outcome that would enable us all to look to 
the future with less concern about the state of our resources and their ability to regenerate.  We 
would like to reiterate how significant special and differential treatment is for our country, and thus 
call for e veryone's help in taking that into account in all the negotiations.  For Madagascar, it is vital 
for the negotiations to succeed, given how much time has already elapsed, but it is also crucial that 
the outcome does not disadvantage those who are currently facing difficulties. It is a question of 
leaving no one behind.  TN/C/ M/41 
 
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  4.550.   H.E. Mr. Stephen Fevrier, Permanent Representative to the WTO of Saint Lucia , provided the 
following statement:  
4.551.   I deliver this Statement of behalf of Minister Bradly Felix who is unable to be  with you today 
owing to inescapable domestic duties. Allow me also to align my delegation with the statements 
already delivered by CARICOM, the ACP and the OECS.  The purpose of multilateralism is to find 
common solutions to those problems that impact on Members  across the globe. The raison d'etre of 
multilateral institutions is to establish a forum for collective decision -making and responses to global 
challenges. Indeed, the Marrakesh Agreement provides cogent direction to us on our collective 
responsibil ity to our planet. We are mandated to establish ‘optimal use of the world’s resources in 
accordance with the objective of sustainable development, seeking both to protect and preserve the 
environment and to enhance the means for doing so in a manner consis tent with our respective 
needs and the concerns of Members at different levels of economic development.’  
4.552.   Our mandate is clear. And the time to act to secure the sustainability of global fisheries is 
now. In order to unlock the progress required to conclud e these important negotiations, it is vital 
that flexibilities be conferred on those of us that do not deploy systemically relevant subsidies.  
Moreover, our commitments must be calibrated to our capacity to implement. Once this balance is 
realised, Saint L ucia believes that the landing zone will be in sight.  
4.553.   Relating to special and differential treatment, Saint Lucia holds the view that S&DT  must be 
appropriate and effective and address the specific needs of those of us that have not contributed to 
the pro blem of overcapacity and overfishing. In this regard, more work is needed to ensure that a 
robust S&DT  architecture is materialised.  We join with others in welcoming Article 7 on Technical 
Assistance and Capacity Building and commend your efforts at resour cing the interventions required 
to implement the agreement. Let me further state, while we welcome this step, technical assistance 
and capacity building cannot come at the cost of bespoke Special and Differential Treatment 
provisions.   
4.554.   On the second quest ion, artisanal fishing is of vital importance to the small island developing 
states. We have long been advocates of an artisanal carveout in these negotiations. We make this 
request owing to the fact that we are not the source of the problem and therefore should not be 
made to unduly limit support measures to fisher communities that depend on government 
interventions.  Therefore, the provisions of the agreement must allow us to maintain the policy space 
necessary to develop our fishing industry. However, as  articulated by CARICOM, the ACP and the 
OECS, S&DT  goes beyond an artisanal carveout.  
4.555.   In closing, Saint Lucia is committed to a strong and ambitious outcome to these negations. 
An outcome that targets the source of the problem that we have a collective i nterest in addressing. 
An outcome that equally does not impinge on support measures to vulnerable fishing communities. 
We commend your efforts and will do our part in arriving at a satisfactory outcome.  
4.556.   H.E. Mr. Mushuma Mulenga, Permanent Secretary for the Ministry of Commerce, Trade and 
Industry of Zambia , provided the  following statement:  
4.557.   With regard to the negotiations on fisheries subsidies under the WTO, Zambia aligns herself 
with the position that has been taken by Landlocke d Developing Countries (LLDCs), Least Developed 
Countries, African , Caribbean and Pacific States, and the  African Group on the position of harmful 
subsidies to Illegal, Unreported and Unregulated fishing.  
4.558.   As LLDCs we realize that even though we do not have  access to the seas where the WTO 
Agreement on fisheries will be primarily applicable, IUU fishing would lead to the depletion of fish 
and exacerbate environmental degradation in the seas, contrary to SDG no. 14.6. We therefore 
support the objective of the  Agreement to discipline fisheries subsidies that lead to IUUs, in order to 
avoid environmental degradation and climate change, whose effects would indiscriminately affect 
the whole globe, including LLDCs. Allow me also to present our gratitude on behalf o f Zambia for 
the technical assistance and support provided to our country on trade -related matters.  TN/C/M/41  
 
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  4.559.   H.E. Mr. Ramses Joseph Cleland, Permanent Representative to the WTO of Ghana , provided 
the following statement:  
4.560.   These negotiations are extremely important f or two reasons: First, there is need to save our 
oceans for future generations. We have a responsibility towards future generations,  and we should 
not abdicate our responsibility. We need to fulfil SDG 14.6 and eliminate harmful subsidies which 
have contri buted to overfishing and overcapacity. Many Member s have witnessed the harmful effects 
of these subsidies, as global fishing stocks continue to be depleted. The same is true for many African 
coastal states including Ghana. Second, these subsidies are impac ting negatively on the livelihoods 
of several people who are engaged in artisanal fishing and has increased the level of poverty in our 
communities. Fish has now become unaffordable for several families because of the shortage of 
supply.  
4.561.   Turning to your fi rst question and following on from what I have just said, Ghana is of the 
view that the fisheries negotiations should be completed as soon as possible to fulfil SDG 14.6. 
However, we need to have a balanced Agreement which would eliminate harmful subsidies  and 
substantially improve the health of our oceans. Any new Agreement should prevent or minimise IUU 
fishing, overfishing and overcapacity.  
4.562.   We should not lose sight of these overarching principles thus any Agreement should be 
measured against these bench marks as mentioned earlier. While the current Chairman's text is an 
improvement over earlier versions, it does not require the sort of action that is needed to fulfil SDG 
14.6. While the text provides a list of harmful subsidies, it would allow Members to continue granting 
them if they can demonstrate that these subsidies have contributed to the sustainability of their 
fisheries. This goes against the letter and spirit of SDG 14.6 which relevantly mandates that Members  
"refrain from introducing new such [ha rmful] subsidies."  
4.563.   It is clear that the current policies and practices of the big subsidisers have contributed 
significantly to the depletion of several fishing stocks and as such they cannot be allowed to continue 
without fundamental reform. By not requi ring Members to definitively eliminate harmful subsidies 
but allowing them to continue providing them, it is not clear how the proposed text would contribute 
to the fulfilment of SDG 14.6. The Text, therefore, needs to be strengthened. Ghana is committed 
to engaging in text -based negotiations to ensure the conclusion of a high -quality Fisheries 
Agreement to fully fulfil SDG 14.6 and save our oceans.  
4.564.   Turning to your second question, Ghana believes that the mandate in SDG 14.6 should be 
fulfilled. It makes it  clear that "effective special and differential treatment for developing and LDC 
Members  should be an integral part of the WTO fisheries subsidies negotiations." In effect, SDG 14.6 
recognises the special circumstances of developing and LDC Members , partic ularly those with 
nascent fishing industries. While Ghana believes that all Members  should make a contribution to 
ensure the success of the fisheries negotiations, it does not feel that it is appropriate to define S&DT  
in the terms phrased in the question.  It believes that the S&DT  provisions in the current Chair's text 
are inadequate. Once again, Ghana remains ready to engage in text -based negotiations to find a 
workable solution to the S&DT  issue. It is our hope that these deliberations would assist in fi nding 
workable and pragmatic solutions in these negotiations with a view to concluding an Agreement as 
soon as possible.  
4.565.   The representative of the Bolivarian Republic of Venezuela , speaking on behalf of H.E. Mr. 
Juan Laya, Minister for People's Power for F isheries and Aquaculture of the Bolivarian Republic of 
Venezuela , provided the following statement:  
4.566.   The Bolivarian Republic of Venezuela, through the permanent mission in Geneva, remains 
committed to concluding the negotiations on the dates set in the vari ous negotiating mandates. We 
would also like to report that, with the creation of the Ministry of People's Power for Fisheries and 
Aquaculture and in order to support, strengthen and enhance the artisanal fisheries sector, the 
Venezuelan Fisheries and Aqua culture Fund – FONPESCA – was established in 2016, to promote 
fisheries and aquaculture production, which not only has a positive impact on the most 
disadvantaged areas, but also promotes decentralization and the people's empowerment in 
governance.  TN/C/ M/41 
 
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  4.567.   The mai n activity is to provide comprehensive financing, and the authority to administer and 
grant financial and non-financial  resources, capital goods and inputs, to carry out projects involving 
the primary activities of production, storage, processing, trade, d istribution and any other related 
service, presented by the Councils for Fishers and Aquaculture Producers or any other type of 
organization and participation.  
4.568.   Regarding the first part of question 1, we reiterate that the Bolivarian Republic of Venezuela 
has always remained committed to concluding the negotiations on the dates set in the various 
negotiating mandates. However, considering the significant social, economic and political sensitivity 
of the issue in question, we have indicated that we hope that the conclusion of these negotiations 
will be led by their content, and not by haste diverting us from this path.  
4.569.   Regarding the second part of question 1 and question 2, concerning the content of the 
negotiating draft text and artisanal and subsistence fishing, we have pointed out that the success of 
these negotiations depends on our responses to the elements set out in the negotiating mandate 
reflected in Sustainable Development Goal target 14.6, especially the inclusion of special and 
differential treatment that is appropriate and effective for developing and LDC Members . We 
therefore hope to achieve more flexible ru les on artisanal and small -scale fishing.  Artisanal fisheries 
account for 80% of fisheries in Venezuela and their importance is recognized by all Members, 
particularly because they are part and parcel of development and poverty reduction priorities and 
livelihood and food security concerns.  
4.570.   H.E. The Honourable Michael Pintard, Minister for Agriculture and Marine Resources of the 
Commonwealth of The Bahamas , speaking as an Observer , provided the following statement:   
4.571.   The Bahamas associates itself with statem ents delivered by the Minister of Jamaica on behalf 
of the Organization of African Caribbean and Pacific States and the Minister of Guyana on behalf of 
the Caribbean Community.  The Bahamas as an observer to the World Trade Organizations, has been 
closely m onitoring the negotiations, toward a fisheries subsidies agreement, as decisions taken here 
will inevitably affect the fishing industry that I , as Minister of Marine Resources , am mandated to 
protect.  
4.572.   The Bahamas is an archipelago of over 13,940 square kilometres  and extends 950 kilometres  
stretching from the south -eastern  peninsula of the United States to the western coast of Hispaniola 
and northern Cuba. The 700 islands and cays and 3,542 kilometre  coastline makes the ocean and 
fisheries critical to natio nal development. Our fishing industry comprises artisanal and small -scale 
fishers. The sector contributes significantly to employment, food security, rural development and 
livelihoods in coastal communities.  On average, the fishing industry contributes be tween .5% to 
1% to the GDP of The Bahamas annually. The importance of the fishing industry to the development 
and growth of The Bahamas is recognized at all levels and  is seen as having the greatest potential 
for the development of many island economies pa rticularly in the south -eastern  Bahamas.   
4.573.   The blue economy and its sustainability is very important to The Bahamas.  That is why the 
Government of The Bahamas invested millions of dollars on new regulations, better enforcement 
and capacity building and in stitutional strengthening for the fisheries industry to address matters 
relating to the sustainable use, sustainable development, and management of fisheries resources, 
and the marine environment.  The Bahamas and other CARICOM countries account for a low 
percentage share of global marine capture fisheries, have insignificant levels of subsidization and do 
not cause overcapacity and overfishing of the world’s fish resources.  
4.574.   That being said we concur with the views expressed by previous speakers that a fishe ries 
subsidies agreement should: firstly, be consistent with international law of the sea and does not 
affect the sovereign right of states under relevant international law, including territorial integrity, 
undermine the primacy of states to determine thei r maritime space; secondly, complement and not 
duplicate or contradict international instruments on oceans and fisheries management; thirdly, not 
prevent Member States from sustainably developing their ocean economy and their Exclusive 
Economic Zone; fourt hly, technical assistance and capacity building should not be a substitute for 
clear, operational, effective and appropriate special and differential treatment in line with Doha and 
Ministerial Declarations and underscored in the Sustainable Development Go al 14.6; fifthly, there 
should be transparent notification requirements that should not be burdensome for developing and TN/C/M/41  
 
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  LDC Members  with multi -species ecosystems; and finally, the proposed Agreement should exempt 
small scale fishing, the de minimis 2% thr eshold, from prohibition clauses.  
4.575.   The Trade Negotiations Committee took note  of the statements6. 
4.2  Summing Up by Chair of the Negotiating Group on Rules  
4.576.   H.E. Ambassador Santiago Wills , Chairman of the Negotiating Group on Rules , provided t he 
following summa ry7: 
4.577.   I would like to thank you all for constructively engaging today. Today we heard 104 
interventions. Factoring in statements by group coordinators, nearly all WTO Members were 
represented in interventions today. This is very impressive. As the DG said,  this in itself is a mark 
of success, and demonstrates commitment by Members to conclude these negotiations as soon as 
possible. Now, let me give you my overall reflection of the main takeaways today.  
4.578.   As an overall conclusion, I am very heartened by the r esponses and messages that we have 
heard today. Your statements have been constructive, and clearly show a determination to work 
closely with each other to finally finish these negotiations. What was sought from Ministers today 
was political guidance to he lp close these negotiations soon. And we did hear that guidance, so 
thanks to you all for that.  
4.579.   One clear message which I think should be highlighted is that no Member said that they 
want to subsidize illegal or unsustainable fishing, nor has anyone quest ioned the mandate – this is 
a good common point of departure. Now, turning to responses to the questions. While a lot has been 
said, I would like to highlight a few takeaways.  
4.580.   On the first question, I heard a lot of "Yes", and a lot of "it depends". But wh at I did not hear 
is an outright "No". In my view, this is a good outcome from Ministers during this meeting today.  It 
is clear from Ministers that continuing the "status quo is not an option," and that we have a shared 
responsibility to bring these talks  to a "meaningful, balanced and credible" conclusion well before 
MC12. This is good news. 20 years has been long enough. If we continue for another 20 years, there 
won't be any fish left.  
4.581.   I am pleasantly surprised that many Ministers raised specific aspec ts of the draft text. To 
me, this is a clear indication that Members are ready and eager to jump into text -based negotiations. 
While the draft text was seen to contain the basic building blocks for an agreement, it also identifies 
areas where further work is needed. For some Members, some key elements for possible landing 
zones are not yet included in the draft text. And for some others, there are elements in the text that 
could be deleted. However, such Members still agree that this text "can serve as the basis for a 
Member -led, text -based negotiation".  
4.582.   It was also clear today that important gaps remain. And we have to work on those 
differences; that will be the next step. This is why it is so important for Heads of Delegations in 
Geneva to be able to nego tiate with the necessary authority. Thus, I believe that the answers to the 
first question have given us the ingredients to reach a successful conclusion; those are, a 
commitment to finish well ahead of MC12, a text that can be the platform for this final phase of the 
negotiations, and fully empowered Heads of Delegation in Geneva.   
4.583.   Second, it was evident today that special and differential treatment is a key and sensitive 
issue for many delegations. Clearly, no Member wants these disciplines to inadverten tly impact the 
livelihood and food security of poor and vulnerable artisanal fishers of developing and LDC Members; 
or to undermine the sustainability objective we are pursuing in these negotiations. Indeed, Ministers 
strongly affirmed the importance of th is sector and this objective. This does not take away from 
many Members' statements emphasizing that for them other elements for S&DT remain important. 
In particularly, a number of developing Members highlighted the need for policy space to develop 
their f isheries sector in a sustainable way. I believe that this guidance from Ministers; that is – policy 
 
6 At their request, the statements by the Ministers of Brunei Darussalam , Dominica, Gabon and Haiti are 
incorporated in the minutes of this meeting  and can be found in the annex of this document.  
7 The summary by the Chairman o f the Negotiating Group on Rules was circulated in the annex to 
document JOB/TNC/95.  TN/C/ M/41 
 
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  space for sustainable fishing – is extremely useful as we enter this new phase of text -based 
negotiations. As the Director -General and I emphasized in our o pening remarks, every Member has 
a responsibility for this common good. Today, some Members noted that this responsibility should 
be proportionate.   
4.584.   Beyond the answers to the questions as such, many other issues were raised today, and all 
of these are well noted. Now that we have the necessary political guidance from Ministers, the next 
phase will be crucial in negotiating the final text in a way that addresses those issues in a final 
compromise that all Members will be able to accept. Given the short time that we have, we can 
expect the next phase to be very intense, and at times uncomfortable. As Chair, I will be there to 
facilitate the discussions; b ut ultimately, it will be up to Members, in a 'give and take' exercise, to 
find the landing zones that everyone can live with. And I stand ready to support Members during 
this new phase so that we can present to you, Ministers, a final text you can gavel d uring the Twelfth  
Ministerial Conference later this year.  
4.585.   The Trade Negotiations Committee took note  of the  Summary  by the Chairman of the 
Negotiating Group on Rules . 
5  CLOSING STATEMENT BY TNC CHAIRPERSON – DIRECTOR -GENERAL DR. NGOZI 
OKONJO -IWEALA  
5.1.  Director -General Dr. Ngozi Okonjo -Iweala, TNC Chairperson , provided t he following 
statement8: 
5.2.  We have successfully concluded a very long, but very productive meeting. Perhaps 
unsurprisingly for our first virtual meeting of this kind, there were some technical hicc ups. I do not 
think I have ever said the words "Excellency, we can hear you" as many times as I did today. Some 
of you in this room had to step in and speak unexpectedly. But in the end, nearly all Ministers and 
Heads of Delegation from around the world we re able to connect, share their views and signal their 
priorities – a good dress rehearsal in case we need to do it again, going forward.  
5.3.  I want to extend my strong sincere thanks and gratitude to the Secretariat team who made 
this happen today. And while we did hear differences from many of you, I feel new hope this evening. 
Because Ministers and Heads of Delegation today demonstrated a strong commitment to moving 
forward and doing the hard work needed to get these negotiations to the finish line. I applaud you 
for this. Thank you to the 104 Ministers and Heads of Delegations, representing 128 Members and 
one Observer, who took the floor today. Factoring in statements by group coordinators, nearly all 
Members were represented in interventions today.  
5.4.  As you can see, Santiago and I keep repeating this, because for this kind of TNC meeting, it is 
unprecedented. As many of you observed, in 20 years of negotiations, this is the closest we have 
ever come towards reaching an outcome – a high -quality outcome t hat would contribute to building 
a sustainable blue economy. One fundamental conclusion that I draw from your interventions today 
is that Members are ready to use the text as the basis for future negotiations, but we also recognise 
that there are many gaps . There are strengths but also weaknesses in the text, and you all want to 
engage on this. Indeed, from the many specific references to provisions in Ambassadors Wills' 30 
June draft, welcoming certain provisions and suggesting deletions to others, there w ere many 
moments today when I felt as if we had actually started the text -based negotiations!  
5.5.  To be clear, as the Chair of the Negotiating Group said earlier, engaging on the current text 
does not imply that you are conceding your respective positions. Tex t-based negotiations are where 
you will be able to pursue the additions, deletions, and modifications you want to see. In this regard, 
it is welcome that we heard Heads of Delegation being authorized to contribute extra flexibility. This 
is necessary to br ing these talks to a "meaningful and credible" conclusion as soon as practicably 
possible. It is clear to me that no Member wants to conclude just any agreement. We all want to 
conclude a quality, balanced agreement, away from the status quo.  
5.6.  A second take away from today was that there is universal agreement about the importance of 
the food and livelihood security of artisanal fishers in developing and LDC Members . On other aspects 
 
8 The TNC Chairperson's Opening Statement was circulated in document JOB/TNC/94.  TN/C/M/41  
 
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  of special and differential treatment, of course, there will be a need to bu ild consensus, and this will 
feature prominently in the negotiations ahead. It is important to note that Members seeking policy 
space to develop their fisheries sector want to do so sustainably – no one is questioning the overall 
sustainability mandate.  
5.7.  An additional theme we heard today was the emphasis several delegations placed on the 
importance of technical and financial support for developing country Members to develop fisheries 
management expertise for the purposes of implementing a WTO agreement. Thi s would also 
contribute to the long -term sustainability of their fisheries. Such support is in no way intended to be 
seen as a substitute for S&DT.  
5.8.  Looking ahead, I ask Geneva Heads of Delegation to please start preparing to discuss the text 
line-by-line. This discussion is on the basis of what we have achieved today, and I sincerely want to 
thank Ministers and Heads of Delegation for this. Where Capitals need to be consulted as this moves 
along, Heads of Delegation should have colleagues on speed -dial. And  Ministers, I may need to reach 
out to you if we get stuck. So will Amb assador  Santiago Wills. In all these efforts, I urge you to bear 
in mind what one of you said today: "striving for perfection prevents us from achieving something 
good." Without an agre ement, the status quo will continue, in which there is "flexibility" for everyone 
– which is to say, no discipline, especially for the biggest subsidisers.  
5.9.  As we enter this new phase of text -based discussions, I agree with Ambassador Wills that the 
respon sibility to conclude these negotiations is truly in the hands of Members. He has done his job, 
and done it well. To get from here to an agreement, it will be your job to find the necessary trade -
offs and flexibilities. A successful outcome by MC12 is ultim ately your responsibility, not Ambassador 
Wills', and not mine. But Santiago, this does not mean you are off the hook. The text -based phase 
of negotiations, I'm sure everyone agrees, will still need your help. As I have said before, we might 
need to lock -up Heads of Delegation in a room until they bridge their differences. And Santiago, I 
will be happy to share the keys with you.  
5.10.   The world is watching. As I said this morning, the fisheries subsidies negotiations are a test 
for both the WTO's credibility as a multilateral negotiating forum, and of the trading system's ability 
to respond to problems of the global commons. You have taken positive steps, including the key 
step of providing the necessary political guidance to engage in this next phase of text -based 
negotiations. We are very grateful. You have recognized the urgency of our task: if we wait another 
20 years, there may be no marine fisheries left to subsidize or to fish – artisanal fishing communities 
may not have anything to fish.  
5.11.   But you have also recognised that even as we move forward as expeditiously as possible, we 
also should move with quality and with an appropriate level of ambition in mind. Ambassador Wills 
and I will need a couple of days to think through the immediate next steps, as well a s how to organize 
the upcoming negotiations most effectively. The informal TNC/HoDs meeting next Friday provides 
an immediate opportunity to firm up these steps. I will therefore ask Ambassador Wills to consult 
with Members so that we can present to Heads of Delegation a schedule of work for the fall, before 
we break for the summer holiday.  
5.12.   With these words, let me sincerely thank all of you again for your engagement today. The ball 
is now squarely back in the court of your negotiators in Geneva. We must no w deliver an outcome 
soon – an outcome for our oceans, for our fisheries, and for the millions of people who depend on 
this sector for livelihoods and for food. As I say frequently, and will never stop saying, we are here 
for people. The weeks and months a head are the time to seal this deal once and for all. I hope the 
next time we meet on this issue;  it will be to adopt a balanced, quality fisheries subsidies agreement.  
5.13.   The Trade Negotiations Committee took note  of the TNC Chairperson's statement.  
 
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ANNEX  
STATEMENTS BY MINISTERS  OF BRUNEI DARUSSALAM, DOMINICA , GABON  AND HAITI  
 
At their request, the statements by the Ministers  of Brunei Darussalam, Dominica , Gabon  and Haiti 
are incorporated in the minutes of this meet ing.  
 
_______________  
 
 
1. Statement by H.E. Dato Dr . Amin Liew  - Minister at the Prime Minister 's Office and 
Minister for Finance and Economy II  of Brunei Darussalam  
 
As a coastal state, Brunei Darussalam also shares the view that we need to sustain our marine 
life for future generations and like others, we have also been affected by IUU Fishing and are 
concerned about overcapacity and overfishing. We have encountered many challenges 
pertaining to these issues as annually there are numerous cases of illeg al fishing conducted 
by foreign fishing vessels in our waters.  
 
In this regard, we support the introduction of multilateral arrangements to govern these issues 
and strongly support the elimination of fisheries subsidies. To this end, we have, over the 
years, introduced policies that are geared towards sustaining marine life in the country, in line 
with Ministers' mandates at previous MCs and in accordance with SDG 14.6.  
 
For example, in 2011, we introduced a 'National Action Plan to Prevent, Deter and Elimi nate 
Illegal, Unreported and Unregulated (IUU) Fishing, which aims to (i) enhance and strengthen 
the overall level of fisheries management in Brunei's waters; (ii) sustain fisheries resources 
and the marine environment; and (iii) optimise the benefit of ad opting responsible fishing 
practices. And more recently, we have designated a total area of 1,208.07 square kilometres 
as Marine Protected Areas (MPAs) which equates to 20% of the country's total marine area to 
maintain the diversity of aquatic life.  
 
Despite negotiating on fisheries subsidies for the past 20 years, the timeframe of 2020 to 
achieve SDG target 14.6 to, "by 2020, prohibit 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 Wo rld Trade Organization 
fisheries subsidies negotiation," was unfortunately missed.  
 
Nonetheless, current discussions on the draft text have been positive, and much progress has 
been made in the last year despite challenges posed by the pandemic. As such, w e encourage 
negotiators to exercise flexibilities to have this agreement finalized before the Twelfth WTO 
Ministerial Conference at the end of this year.  
 
2. Statement by H.E. Honourable Fidel Grant – Minister for Blue and Green Economy, 
Agriculture and National Food Security of Dominica  
 
The position on the consolidated text was formulated from a series of consultations convened 
by the CARICOM Secretariat over the years with senior government officials from Trade, 
Fisheries and other rele vant government agencies in Member States with the guidance of 
Trade experts and member states permanent representatives at the WTO in Geneva. Dominica 
represented by officials from the Ministry of Trade and the Fisheries Division have actively 
participate d in these consultations, providing Dominica 's positions based on national 
consultations held with stakeholders and influenced by Dominica 's interest.  
 
In this regard, the Fisheries Division representing the Ministry of Blue and Green Economy, 
Agriculture and National Food Security, confirms that these current positions reflect the 
interest of Dominica.  
 TN/C/M/41  
 
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  Therefore, it is being recommended that these CARICOM positions be endorsed as Dominica's 
position on the WTO Fisheries Subsidies Negotiation for the upcom ing WTO Ministerial Trade 
Negotiations Committee Meeting schedule for 15 July 2021.  
 
3. Statement by H.E.  Mr. Biendi Maganga -Moussavou  – Minister for Agriculture, 
Livestock, Fisheries and Food of  Gabon  
 
The sustainability objective of the fisheries subsidies negotiations is consistent with the 
commitments made by Gabon, which has been undertaking a number of reforms along these 
lines since 2012, in accordance with the "Gabon Bleu" vision of the President of the Republic, 
Head of State, H.E. Mr. Ali Bongo Ondimba Nevertheless, Gabon would like to draw Members' 
attention to the fact that some of the provisions contained in the disciplines of the draft 
agreement would have a negative effect on the ambitions o f developing and LDC  Members . 
 
We therefore strongly support the addition of special and differential treatment (S&DT) 
provisions that will safeguard the interests of developing and LDC  Members  in the 
development of artisanal and small -scale fisheries. In this regard, Gabon's position is that the 
provision contained in paragraph 5.3.2 of Article 5 on the prohibition of subsidies concerning 
overcapacity and overfishing, regarding payments under government -to-government access 
agreements, should not be consid ered as subsidies subject to the disciplines indicated in 
paragraph 5.1. A process of industrialization of the tuna sector is under way in our country. 
This type of financing contributes to the development of our fisheries as well as to the 
strengthening o f our capacity to monitor fishing activities.  
 
We believe that the discussions on fisheries resource management should not be diverted to 
the field of development assistance generated by the new generation fisheries agreements, 
which now cover the dimensio n of the sustainable management of fisheries resources. Gabon 
urges States to follow the RFMOs in taking responsibility by objectively considering the advice 
of the scientific committees when making decisions on capacity limits and overfishing, with a 
view to stock recovery.  
 
I will conclude my remarks by agreeing to authorize the Heads of Delegation in Geneva to 
contribute to the flexibility needed to conclude the negotiations. Furthermore, I agree that the 
key component of S&DT is for poor and vulnerable countries engaged in artisanal fishing in 
developing and LDC  Members . 
 
4. Statement by H.E.  Mr. Jonas Coffy – Minister for Trade and Industry of Haiti  
 
I hereby, speaking in my capacity as Minister for Trade  and Industry , affirm my commitment 
to conclude the negotiations on fisheries subsidies as soon as possible before the Twelfth 
Ministerial Conference of the WTO, and confirm that the fundamental  elements of the  
agreement necessary to reach a conclusion can be found  in the current draft text. To this end, 
I stand ready to fully empower my Head of Delegation in Geneva to contribute the flexibility 
necessary to conclude the negotiations.  
 
Furthermore, I agree that for the purposes of the current negotiations on fisheries subsidies 
and without prejudice to any M ember's position on special and differential treatment in any 
other context, the essential element of special and differential treatment is in favour of poor 
and vulnerable fishermen practicing artisanal fishing in my country.  
 
 
__________