RESTRICTED  
  
TN/C/21/Rev.2  
 
1 September  2022 
(22-6539) Page: 1/10 
Trade Negotiations Committee    
 
FISHERIES SUBSIDIES  - ESTABLISHMENT OF A "WTO FUNDING MECHANISM TO 
FINANCE  TECHNICAL ASSISTANCE AND CAPACITY BUILDING IN SUPPORT OF  
IMPLEMENTATION OF NEW WTO FISHERIES SUBSIDIES DISCIPLINES " ("WTO 
FISHERIES FUNDING MECHANISM")  FUND  
COMMUNICATION FROM THE CHAIRPERSON OF THE TRADE NEGOTIATIONS  
COMMITTEE AND THE CHAIR OF THE NEGOTIATING GROUP ON RULES  
Revision  
_______________  
 
 
This revision of the concept note for the WTO Fisheries Funding Mechanism incorporates changes  
from the previous version  to reflect the provisions of the Agreement on Fisheries Subsidies , which 
Ministers adopted at the WTO 12th Ministerial Conference , as well as comments received from a 
number of Members. This note will become the basis for the req uired notification to the Committee 
on Budget, Finance and Administration  of the establishment of this new Fund. Members are invited 
to communicate any comments on this note to the Secretariat ( Clarisse.Morgan @wto.org ), by close 
of business on Friday, 23 September 2022.  
 
_______________  
 
 
INTRODUCTION  
 
In Article 7 of the WTO Agreement on Fisheries Subsidies ("the Agreement") adopted on 17 June 
2022 (WT/MIN(2 2)/33), Members agreed to the establishment of a new Fund to accept voluntary 
contributions to assist developing country and LDC Members in implement ing the disciplines under 
the Agreement.  Accordingly, f ollowing the Guidelines for the Receipt and Notification of Voluntary 
Fund Contributions  (WT/INF/219), the Director General has approved the establishment of the WTO 
Fisheries Funding Mechanism . As such, consistent with the Guidelines, the Fund is being notified to 
Members of the CBFA.  
1  DESCRIPTION O F THE WTO FISHERIES FUNDING MECHANISM ("THE FUND")  
Pursuant to Article 7 of the Agreement, the Director -General has approved the c reation of the "WTO 
Fisheries Funding Mechanism" (the Fund) at the WTO to support, in cooperation with other 
international ins titutions with specialized knowledge and expertise , the targeted implementation of 
new fisheries subsidies disciplines by eligible1 developing country and least developed country (LDC) 
WTO Members ("Members") , and related capacity building . To date, infor mal pledges totalling around 
CHF5million have been communicated  to the WTO Secretariat .  
To ensure that the Fund is ready to begin receiving and funding grant applications as soon as the 
Agreement enters into force, it is expected that a first tranche of c ontributions will be received 
shortly after the Fund is notified  to the Committee on Budget, Finance and Administration  (CBFA) . 
 
1 Members eligible for assistance under the Fund w ill be those that were least developed country (LDC) 
Members as of the date of entry into force of the Fisheries Subsidies Agreement, a s well as other developing 
country Members availing of the SDT provisions of the Fisheries Subsidies Agreement as of that date , which 
have deposited their instruments of acceptance of the Agreement with the WTO Depositary.   TN/C/21/Rev.2  
 
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  These funds will be used to hire the first two (of the eventual total of four) staff (see Section 6.1), 
who will work with the Fund's Steering Committee (see Section 6.1) to conduct all necessary 
preparatory work for the Fund to be fully operational by the time of entry into force of the Agreement. 
During the Fund's start -up phase, the Steering Committee w ill provide periodic progress reports to 
the CBFA , in addition to the regular reviews once the Fund is established  as described in Section 
6.2. 
2  STRATEGIC CONTEXT  
On 17 June 2022, at MC12, Ministers adopted the new and innovative Agreement on Fisheries 
Subsidies (WT/MIN(22)/33 – WT/L/1144). The Agreement's Article 7 responds to the widespread 
demand among developing country and LDC Members for Technical Assistance and Capacity Building 
(TACB), including through the establishment of a voluntary funding mechan ism, in cooperation with 
relevant international organizations such as the Food and Agriculture Organization of the United 
Nations (FAO) and the International Fund for Agricultural Development (IFAD). The Fund thus is an 
integral part of the final package a greed by Members , to ensure the availability of assistance to 
implement the new disciplines , considering the capacity constraints of developing  and LDC  Members . 
Article 7 further provides that contributions to the Fund shall be exclusively voluntary, and t hat the 
fund shall not utilize regular budget resources of the WTO.   
Throughout the negotiations leading to the adoption of the Agreement, a number of developing 
country and LDC Members have indicated that because of their capacity constraints, they would 
require TACB to be able to implement the new disciplines, and also to derive benefits from the  
Agreement . (See, e.g., document JOB/TNC/95, para. 1.10.) This demand comes at a critical time 
when many such Members are experiencing economic stress due to the persistent COVID -19 
pandemic , the global food crisis,  and other ongoing crises , which  have caused a contraction of their 
economies.  
The adoption by WTO Ministers of the new binding Agreement creates the basis for a triple win for 
trade, development and the environment, which will be realized through all WTO Members' 
successful implementation of the fisheries subsidies disciplines . Implementing the new disciplines 
will facilitate the achievement of th eir overarching purpose of improved productivity, health and 
sustainability of our oceans , and  will create benefits for the entire membership, including by 
improving the livelihood and food security of many vulnerable communiti es. The success of these 
negotiations has sent a strong signal to the international trade and development community as to 
the value of the Multilateral Trading System and help s in rebuilding trust amongst Members.   
The negotiations on fisheries subsidies o riginally were launched in 2001 at the Doha Ministerial 
Conference. At MC12, Members reached an outcome on the basis of the evolved Ministerial Decision 
from the 2017 Buenos Aires Ministerial Conference (MC11) , which incorporates the language of 
Sustainabl e Development Goal ( SDG) Target 14.6 by calling for " agreement on comprehensive and 
effective disciplines". Those disciplines are to "prohibit certain forms of fisheries subsidies that 
contribute to overcapacity and overfishing, and eliminate subsidies that contribute to illegal, 
unreported and unregulated ( IUU) fishing  recognizing that appropriate and effective special and 
differential  treatment for developing country Members and least developed country Members should 
be an integral part of these negotiations".  The successful conclusion of the Agreement as per the 
mandate of SDG 14.6 thus constitute s a significant contribution to the ac hievement of SDG 14  
overall . 
Pursuant to the negotiating mandate, Members reached agreement on binding disciplines to 
eliminate subsidies to IUU fishing and to prohibit subsidies regarding overfished stocks, a s well as 
to prohibit subsidies for fishing on the unregulated high seas , with due restraint  in respect of 
subsidies to vessels not flying the flag of the subsidizing Member and subsidies where the status of 
the fishery in question is unknown . The Agreement provides s pecial and differential treatment f or 
developing and LDC Members  in the form of two-year peace clauses in respect of the first two 
prohibitions . Thus, these Members will have to implement all of the substantive obligations of the 
Agreement within a relatively short timeframe.  
Members furthe r agreed to continue negotiating to enhance the disciplines, particularly in respect of 
subsidies contributing to overcapacity and overfishing, with appropriate and effective special and 
differential treatment for developing country and LDC Members an inte gral part of those continuing TN/C/21/Rev.2  
 
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  negotiations . Members also agreed that unless they decide  otherwise, the Agreement w ill terminate 
if such enhanced disciplines are not agreed within a specified timeframe.2  
While the direct focus of the Fund is to support implementation by developing and LDC Members of 
the disciplines of the new Agreement, this support  also can have a n indirect  positive impact on the 
continuing negotiations. In particular, at least some of the fisheries -related and su bsidies -related 
requirements of the new Agreement - the implementation of which will be supported by the Fund - 
are horizontal in nature, rather than specific to particular new disciplines. Given this, successful 
implementation of these requirements should  provide a base that w ill make less difficult the prospect 
of eventually integrating and implementing additional disciplines that also incorporate sustainability 
elements.   
3  THE NEED FOR THE FUNDING MECHANISM  – SPECIFICITIES OF THE FISHERIES 
SUBSIDIES DISCI PLINES  
The new fisheries subsidies disciplines  set forth in the new Agreement (WT/MIN(2 2)/33) are unique 
in that, unlike the trade distortion focus of other WTO Agreements including the Agreement on 
Subsidies and Countervailing Measures, they are aimed at countering the harm that subsidies can 
cause to the sustainability of fish stocks. As such , the disciplines require Members, when providing 
fisheries subsidies, to take into account in various ways information and considerations related to 
the sustainabili ty of the fisheries in question.  
In particular, under the disciplines, Members must integrate fisheries -related elements into their 
subsidies policies and practices that benefit the fisheries sector, and this in turn will necessitate an 
integrated approac h to technical assistance and capacity building related to the disciplines. In 
addition, such information also will need to be notified to the WTO, along with the information related 
to the subsidies themselves. The generation and reporting of the fisherie s-related information in 
turn is an integral element of sustainable management of fisheries resources, and a number of 
developing and LDC Members may need to build up capacity in this regard.  
In the light of these considerations, a dedicated Funding Mecha nism that draws on and brings to 
bear in an integrated manner WTO expertise in the area of subsidies, and specialized partner 
organizations' expertise in the area of fisheries, is the most efficient and effective way to provide 
cross-cutting assistance and  support where it is needed to implement the new disciplines. This will 
ensure that the assistance provided will address both the subsidies aspects and the fisheries aspects 
in a coherent way.  
It is these substantive considerations that distinguish the assistance to be provided in the context 
of the new fisheries subsidies disciplines from the existing  WTO trade -related TACB  provided under 
the Global Trust Fund and other budgetary resources  mana ged by the Secretariat's Institute for 
Training and Technical Cooperation . Those existing support mechanisms and programmes  will be 
available to assist Members with depositing their instruments of acceptance, a s well as with 
understanding the provisions of  the Agreement  on Fisheries Subsidies  and how they relate to other 
WTO Agreements, notably the Agreement on Subsidies and Countervailing Measures . That type of 
assistance , however,  could not easily integrate or address the unique elements and substantive 
requirements of the fisheries subsidies disciplines  - that is, the fisheries -related requirements on 
their own and as they relate to the disciplines on subsidies . In particular, although the WTO is not a 
fisheries organization, the new Agreement  - a WTO agr eement that must be implemented within the 
WTO legal framework  - does contain fisheries -specific elements . The Fund thus represents a one -off 
response to a unique set of circumstances and needs , and its value added derives from the integrated 
approach to b e taken to linking the subsidies - and fisheries -related activities to be funded .  
At the same time, well -regarded and successful aspects of existing structures and modalities for 
assistance provide a good model for this work, while assuring accountability to Members and 
avoiding duplication with existing assistance.  
 
 
2 Within four years from entry into force of the Agreement, pursuant to Article 12.  TN/C/21/Rev.2  
 
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  Given that the Agreement is a WTO agreement, the primary responsibility for supporting its 
implementation falls to the WTO Secretariat rather than any other international organization working 
on related topics. While there is a well -established network of g lobal development assistance 
providers active in the provision of fisheries support, the successful conclusion of a WTO agreement 
entails additional commitments and expectations on Members , and it cannot be assumed that other 
actors in this space are able to increase their support commensurate with these additional WTO-
specific demands.  The ability of Members to participate in and engage with the Committee on 
Fisheries Subsidies3 also creates additional demands , which Members have varying capacities to 
meet, and the WTO Secretariat has the responsibility to support the Committee's  smooth 
functioning.  Furthermore, the provision of development assistance is rarely perfectly aligned with 
the commitments of a WTO agreement either in substance or in timing. As such, the  Fund will be a 
WTO entity housed in the WTO Secretariat, with the specific aim and sole purpose of delivering its 
value -added of assisting Members to implement the Agreement . Its efficacy will be augmented by 
its proximity and ability to mobilize the unique expertise that has been built within the Secretariat, 
including during the negotiation of the Agreement , and its accessibility to Members whose capacity 
to draw upon alternative sources of funding may be asymmetrical.  
An expression of interest p rocess will form the first stage of all requests for assistance  from eligible 
Members , whereby they will provide a short description of the ir needs  and contact details . Such 
requests will be accessible to all Members, partner organizations, and relevant do nors. Th e aim of 
this transparency measure will be to avoid duplication with other potentially overlapping activities 
that may be planned and will allow for coordination with such partners that may have the relevant 
expertise and resources either to delive r the assistance required in the course of their existing plans, 
or to contribute their expertise to a joint activity. Through this mechanism, the Fund will bring 
additional value through a coordination function that is not otherwise delivered by any of the existing 
providers of assistance.  
4  SIZE OF THE FUND , SOURCES OF FUNDING , AND DURATION  
The Fund will  target a total of around USD 20 million in contributions over  the course of its operation, 
with an initial starting size amount of around USD  10 million , which may be replenished on a 
voluntary basis. As noted, the purpose of the Fund will be to provide TACB to support developing 
and LDC Members with respect to the ir new  commitments under the Agreement on Fisheries 
Subsidies,  to implement the disciplines and derive benefits from them.  
The Fund is to be financed through voluntary contributions in accordance with WTO Financial Rules 
and Regulations (as amended from ti me to time). The contributions are to be made without 
conditions, such that all funds received can be freely allocated to any projects approved by the 
Steering Committee in accordance with the Fund's purposes and procedures as reflected in its 
pertinent do cumentation.  
Given that the purpose of the Fund is to address implementation of the new disciplines by developing 
and LDC Members, the Fund will have a finite lifespan. While n o specific duration has yet been 
determined , the regular  reviews of the Fund's operation , as indicated in Section 6.2,  will include, at 
certain intervals, an examination of the continuing necessity of maintaining the Fund.  Furthermore, 
because of the Fund's purpose, if the Agreement were to self -terminate pursuant to Article  12, the 
Fund also would terminate at the same time , with any remaining funds being returned to the donors.  
5  KEY OBJECTIVES OF THE FUND AND ROLES OF THE PARTNER ORGANISATIONS  
The Fund will be used to address in a variety  of ways "subsidies -related elements" and "fi sheries -
related elements" relevant to the new disciplines. As described in Section s 3 and 6.2, the TACB to 
be provided also will be informed by concrete background information and assessment of needs of 
the beneficiary Members  on the basis of procedures an d criteria to be established , taking into account 
existing  preparatory work as well as  efforts by Members and assistance  from international 
cooperation , so as to avoid duplication and  to fill gaps:  
▪ "Subsidies -related elements" – role of WTO Secretariat  staff as providers of TACB : 
Drawing on their subsidies -related expertise, WTO Secretariat staff will provide technical 
 
3 See Section 7.1.  TN/C/21/Rev.2  
 
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  assistance and will liaise with the Fund Secretariat regarding the overall coordination thereof 
in support of Members' effort s to bring their subsidy measures into conformity with WTO 
rules, including necessary legislative and regulatory amendments, and preparation and 
submission of WTO notifications, as per the requirements of the new Agreement.  In this 
connection, the WTO Secretariat staff directly involved in providing this technical assistance 
also will work in consultation with staff of the partner organizations to obtain their inputs 
into the work supporting beneficiary Members' establishment of the administrative links 
between the agencies responsible for subsidies and fisheries, respectively.  This approach will 
ensure the integration of the fisheries sustainability elements into the subsidies policies.   
In concrete terms, for any approved projects where WTO Secretariat sta ff with subsidies 
expertise are engaged to provide this sort of assistance, the Fund will cover the out -of-
pocket costs (travel etc.) for those staff. This is similar to what is done under the ITTC -
provided technical assistance, where the provision of tech nical assistance is part of the 
regular duties of the concerned staff.  Such provision of expertise would be subject to any 
limits established in the WTO Financial Regulations.  
▪ "Fisheries -related elements" – role of specialized partner organizations  as 
providers of TACB : Provision of expertise through collaboration with partner organizations 
with specialized fisheries expertise: initially the UN Food and Agriculture Organization (FAO), 
the International Fund for Agricultural Development (IFAD), and the World  Bank Group. 
Experts from these organizations will provide expertise and collaboration, including 
analytical, coordination and advisory work, to assist beneficiary Members to strengthen the ir 
fisheries management  to meet the specific requirements of the ne w Agreement on Fisheries 
Subsidies . This work can include local and community -based management, reforms, data 
collection/monitoring, control, and surveillance, for the purpose of implement ing the 
commitments beneficiary Members have taken under new discipl ines.  Assistance provided 
through the Fund will include support for establishing and reinforcing sustainable fisheries 
management systems adapted to the fisheries in question, which in turn will generate and 
use data of the type subject to notification under the disciplines. The assistance also will 
encompass the associated training and capacity development of fisheries management 
personnel of beneficiary Members, and similar activities , to create self -sufficiency in 
implementing and complying with the Agreement . 
In concrete terms, for approved projects  where fisheries experts are engaged to provide this 
sort of assistance, the Fund will cover the out -of-pocket costs (travel etc.) for those experts 
where they are staff of FAO and other partner organizations  as well as a consultancy fee if  
the time of th ose staff is not contributed in -kind to the Fund . The terms of such consultancy 
arrangements with the partner organizations will be established by the Steering Committee. 
Where the experts are not staff of partner organizations, the Fund will engage these experts 
as consultants for particular projects , also on terms to be established by the Steering 
Committee . A roster of consultants with relevant expertise will be maintain ed by the Fund 
Secretariat .  
It should be noted that like existing WTO TACB, the purp ose of the TACB to be provided through the 
Fund will be to assist Members in implementing the new disciplines. Receipt of such TACB will have 
no legal implications in respect of a beneficiary Member's compliance with its obligations under those 
disciplines . Only Members can determine whether implementation of the disciplines is consistent 
with the obligations of the disciplines.  Documentation related to the Fund, including any webpages, 
will make no statements or representations as to any specific interpret ation of any provision of the 
Agreement on Fisheries Subsidies, and will make no representation as to what may constitute 
compliance with any provision of the Agreement.  
Through its administrative and governance structure  and assessment processes describe d in 
Sections 6.1 and 6.2, and the expression of interest process described in Section 3, the Fund will 
ensure that the WTO and partner organizations collaborate closely and on an ongoing basis , and 
maintain contact with other donors providing fisheries -related assistance . That contact will focus on 
covering gaps in existing assistance relevant to implementing the A greement  and encouraging 
donors of existing assistance to include in their objectives address ing the requirements of the 
Agreement .  The Fund will provid e additional funding where needed.    TN/C/21/Rev.2  
 
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  6  STRUCTURE, GOVERNANCE  AND ADMINISTRATIVE ARRANGEMENTS OF THE FUND  
6.1  Structure and governance of the Fund, partnerships with other organisations  
The TACB programme t o be financed by the Fund will be operated by the WTO in conjunction with 
the partner organizations, including  FAO, IFAD and the World Bank Group , which will bring their 
technical expertise to bear in all aspects of the operation of the Fund . These partner s may also 
contribute their own funds to the technical assistance programme, or in -kind with staff resources 
and further analytical and advisory work as needed. In practical terms, the expression of interest 
process described in Section 3 will allow for pa rtners to signal their interest and capacity to deliver 
or cooperate in the delivery of activities at the earliest stage.  
The structure and governance of the Fund and the TACB programme will use a model similar to that 
of the Standards and Trade Developmen t Facility (STDF) but with greater flexibility/agility  through 
a lighter administrative structure, consisting of  two tiers rather than three: (1) a Fund Secretariat 
(2) overseen and governed by a Steering Committee . The Fund Secretariat of around four staf f will 
be housed at the WTO, under the direct oversight and governance of the Steering Committee , which 
will be composed of technical experts and high -level representatives of the partner organizations 
and of contributor and beneficiary Members, on a rotat ional basis  if numerous .  
To ensure that the necessary technical knowledge and expertise is brought to bear in project 
evaluation and funding activities, the Steering Committee will include experts on subsidies and 
fisheries from the WTO Secretariat and the partner organizations . The Fund Secretariat  staff, who 
will be hired on L posts financed by the Fund  (see Section 6.2), will be individuals with relevant 
subject matter and grant -making/fund administration expertise.  
As necessary, on an ad hoc  basis, the Steering Committee and the Fund Secretariat also could call 
on expertise from the WTO Secretariat or any of the partner organizations. Each partner organization 
will establish a mechanism to provide such ad hoc  advice.  All such expertise shall be prov ided 
transparently. Any such expertise from WTO Secretariat staff will be provided subject to any limits 
established in the WTO Financial Regulations.  
6.2  Administrative arrangements, operation, and operating rules of the Fund and its 
financed activities  
The m oney donated by WTO Members and any other contributors will be housed in and administered 
through the WTO Secretariat , in a manner similar to the STDF . The Fund Secretariat will be 
responsible for the day -to-day management and operation of the technical as sistance programme 
financed by the Fund. It will manage the financial resources of the Fund, assist Members in 
identifying existing assistance and gaps, evaluate proposals, and make recommendations to the 
Steering Committee on the applications for assistan ce as well as contracting  as needed , and 
overseeing implementation and evaluation of projects, making disbursements, etc.  
The Steering Committee will oversee the overall activities of the Fund's operations and finances, and 
will take the decisions on the specific activities to be funded, based on the recommendations by the 
Fund Secretariat. The Steering Committee will meet in person at least once per year, and normally 
not more than twice per year, with other meetings that may be needed held virtually.   
Donations will be subject to a charge of up to 13% for overhead , in keeping with the WTO's Financial 
Regulations . The expenditures of the Fund will be covered by donations to the Fund and the overhead 
charge.  
As noted above, the Fund S ecretariat staff will be hired on L posts which will be financed by the 
Fund's resources.  
The Fund will be operated on the basis of an annual work plan and budget, app roved by the Steering 
Committee. Assistance will be provided in response to applications from Members , as described 
below . Members receiving assistance will be encouraged to contribute resources of their own, either 
financial or in -kind, to their projects.   TN/C/21/Rev.2  
 
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  As explained in Section s 5 and 7, eligible applications for funding – whether Project Preparation 
Grants or Project Grants – will be for specific assistance directly related to the requirements of the 
Agreement on Fisheries Subsidies. To this end, the Fu nd Secretariat , under the guidance of the 
Steering Committee experts , will develop targeted criteria for application s, monitoring and 
evaluation , to be used for all activities , to ensure that the assistance provided focuses on 
implementation of the disciplines  and the Agreement .  
With the principal aims of ensuring that assistance flows expeditiously to where it is needed, and at 
the same time avoiding duplication of effort and assistance from more than one source, the Fund 
Secretariat will work with  beneficiary Members that seek assistance through the Fund to assess the 
existing state of their fisheries management as relevant under the new disciplines, including their 
fisheries data gathering and reporting capability, as well as the assistance alread y being provided 
from multilateral and bilateral sources – particularly in the area of fisheries management. For this 
exercise, a ppropriate assessment tools will be developed , and all relevant sources , including experts 
on the Steering Committee and potent ially other experts from partner organizations , will be 
consulted . On the basis of this assessment, the Fund Secretariat will work with the beneficiary 
Members to identify the substantive and financial gaps that will need to be filled for the Member in 
question to be in a position to implement the new disciplines.  
Once this evaluation is made, Project Preparation Support to a maximum level per project , to be 
determined by the Steering Committee once established , could be approved by the Steering 
Committee  for the Member to formally outline and submit the project for which funding is being 
sought. The Steering Committee will then decide on the submitted project,  and could approve Project 
Financing Support up to a maximum level per project, also to be determi ned by the Steering 
Committee. Any project approved for financing from the Fund's own resources in this way could be 
supplemented by additional funding for the project provided directly by one or more of the partner 
organizations. In this way, the Fund would be able to  leverage considerably more resources than 
those in the Fund as such.  
Each project receiving financing from the Fund will be subject to appropriate reporting and audit 
requirements on its entirety . The Fund also will conduct end -of-project evaluations, at least on a 
sample basis, using a logical framework to be developed by the Steering Committee and focusing 
on impact and lessons learned . This information will be gathered into an annual report to  the 
Committee on Fis heries Subsidies and to the partner organizations, for information and for 
comments pertinent to future work plans.   
The Fund itself will be subject to regular external auditing and review and will report regularly on its 
activities to the WTO Committee on  Budget, Finance and Administration and to the Committee on 
Fisheries Subsidies, as well as to similar bodies of the partner organizations . Periodic external review 
of the Fund's operations will be conducted in line with standard rules for WTO technical as sistance , 
including the OECD Development Assistance Committee (DAC) criteria, i.e., relevance, coherence, 
effectiveness, efficiency, impact, and sustainability. After a period to be agreed, the review process 
will consider, inter alia , the continuing neces sity of maintaining the Fund.  
All of the Fund's activities will be undertaken pursuant to operating rules to be established in 
consultation with relevant partners, and which will be consistent with WTO financial rules. These 
rules will address the financia l management of the Fund, as well as the evaluation of requests for 
assistance and the process for ensuring complementarity, and avoiding overlap, with any existing 
assistance from other sources.  
6.3  Types and sizes of projects to be funded ; types of applicant s for funding  
As noted above, two basic categories of funding are envisaged. The first consists of Project 
Preparation Support. The second consists of Project Financing Support for TACB activities 
themselves. The maximum levels for each category will be established by t he Steering Committee 
once it is constituted and operational.  
While it is not envisaged that every request for TACB will be preceded by a Project Preparation phase 
for which funding would be sought, having this possibility will optimize the Fund's flexibil ity in 
addressing what will certainly be very diverse needs that the Fund will be requested to support.  TN/C/21/Rev.2  
 
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  Section 7 provides a more detailed description of the types of activities that will be eligible for 
funding.  
Only Member government s will be able to su bmit application s for funding, although an application 
may be made on behalf of an entity at any level of government. It also will be possible for more 
than one Member government to submit a joint application.  
7  TECHNICAL ASSISTANCE AND CAPACITY BUILDING NEE DS – TYPES AND AIMS OF 
TECHNICAL ASSISTANCE ACTIVITIES TO BE FUNDED  
As noted  earlier , assistance provided through the Fund for the fisheries -related elements referred to 
above will be aimed at complementing and filling gaps in any existing assistance for f isheries 
management, monitoring, control and surveillance already being provided bilaterally and through 
international agencies, and which will be relevant to the new fisheries subsidies disciplines. Thus, as 
described above, an important element of the ma nagement of the Fund will involve ensuring 
complementarity with any existing assistance to avoid both duplication of and gaps in effort on the 
ground.  
Assistance for the subsidies -related elements referred to above will be aimed at assisting beneficiary 
Members to bring their subsidy programmes into conformity, including necessary legislative and 
regulatory amendments; to establish institutional links between subsidies decision -making and the 
fisheries -related requirements; and to prepare and submit the re quired WTO notifications , 
incorporating the new information elements , including fisheries -related elements . The WTO 
Secretariat's technical assistance rules and practices will apply to such assistance, which will be 
provided by WTO Secretariat staff, and p otentially external contractors, with relevant expertise , as 
described in Section s 5 and 6.  
More specifically, and as described in Sections 7.1, 7.2 and 7.3, the new disciplines will result in a 
number of new WTO obligations for Members, involving adjustments to their legislative and 
administrative frameworks and enhancement of their fisheries management policies and practices. 
Under the disciplines, the obligations where TACB will be needed are likely to be in the following 
three areas:  
a. Institutional arrangements and linkages, and legislative frameworks;  
b. Creation and/or reinforcement and implementation of sustainable fisheries management 
systems, including monitoring, control and surveillance capacities;  
c. Data collection, transparency, reporting and notification.  
Compliance with some obligations in these a reas will need to be done within timeframes set forth in 
the Agreement  (notably, within one year of  its entry into force). Th us, as discussed above, the Fund, 
and its TACB programme, should be established and made ready for deployment quickly.  
7.1  Members' ins titutional arrangements and legislative frameworks  
Pursuant to Article 9.1 of the Agreement, a new Committee on Fisheries Subsidies will be established, 
and will be charged with reviewing the operation and implementation of the fisheries subsidies 
discipli nes. Within one year of entry into force of the Agreement, each Member will be required to 
inform the Committee  of its measures in existence or taken to ensure the implementation and 
administration of the disciplines. This will include laws, regulations an d/or administrative procedures 
to ensure that prohibited subsidies, including those to IUU fishing, are not being provided. Members 
must also inform the Committee  of any changes to such measures thereafter. The Committee  will 
conduct an annual review of the operation and implementation of the Agreement, as well as periodic 
substantive reviews with a view to identifying necessary modifications to improve its operati ons. 
Furthermore, also within one year of entry into force , each Member must provide the relevant body 
with a description of its fisheries regime in terms of its laws, regulations and administrative 
procedures relevant to the fisheries subsidies discipline s, and promptly inform the body of any 
modifications thereafter. This obligation could be met by providing up -to-date electronic links to 
relevant webpages setting out this information.  In addition, upon entry into force, each Member will TN/C/21/Rev.2  
 
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  be required to no tify information about any Regional Fisheries Management Organization or 
Arrangement (RFMO/A ) to which it is a party.  
Putting such institutional arrangements in place including through creation and/or reinforcement of 
each Member's related le gislative and  regulatory frameworks will be one of the main areas requiring 
TACB for developing and LDC Members . 
7.2  Sustainable fisheries management measures and systems  
The disciplines in the Agreement  aim to comprehensively address the types of fisheries subsidies 
that harm sustainability , by prohibiting subsidies to IUU fishing;  subsidies to fishing on overfished 
stocks; and subsidies to fishing on the unregulated high seas ; as well as through due restraint in 
respect of subsidies to vessels not flying the flag of the s ubsidizing Member and in respect of fishing 
on stocks the status of which is unknown . To implement these disciplines , Members must have in 
place systems and measures for managing their fisheries, adapted to the specific scale and nature 
of the fisheries in question . 
In particular, Members will be required to have systems in place:  to prevent or stop any inadvertent 
subsidization of entities engaged in IUU fishing;  to identify overfished stocks on the basis of " best 
scientific evidence available "; to avoid subsidizing the fishing of such stocks  and/or to implement 
measures to rebuild overfished stocks to  a "biologically sustainable level"; and to review provision 
of subsidies to vessels flying other flags or for fishing on stocks the status of whi ch is unknow n. 
Integrating sustainability considerations and criteria such as these into their internal processes for 
granting fisheries subsidies will require significant fisheries management -related TACB for 
developing and LDC Members, including through training of fisheries management personnel of 
beneficiary Members ' institutions.  Relevant elements will include vessel registration and records, 
and monitoring, control and surveillance. Assistance will also be needed for development and 
reinforcement of i nternal mechanisms to link subsidization decisions to the sustainable fisheries 
elements. Having such systems in place on a sound footing will contribute to the sustainability of 
the fisheries in question, providing long -term economic and livelihood benefi ts including for poor 
populations, and will assist in the targeting of scarce government financial resources.  
7.3  Data collection, transparency reporting & notification  
An integral part of the sustainable fisheries management regimes and the institutional and legislative 
requirements foreseen in the Agreement  is the gathering, analysis and reporting of substantial 
fisheries -related data and information (in addition to the subsidies -related information that Members 
already are required to notify to the WTO).  
Linked to this are the new transparency requirements and notification s to be made to the Committee 
on Fisheries Subsidies  under Article 8 of the Agreement. Compliance with these requirements will 
require reliable and systematic mechanisms for collecting fisheries -related data. For example, the 
notification provisions call on Members to report on the type of fishing activity f or which a subsidy 
is provided and, to the extent possible, catch data by species  or group of species  in the fishery for 
which the subsidy is provided, and on the status of the fish stocks in the fishery for which the subsidy 
is provided (e.g. overfished, maximally sustainably fished, or underfished) , and whether such stocks 
are shared with any other Member or are managed by a RFMO/A. Development and/or reinforcement 
of data gathering capabilities, adapted to the specific scale and nature of the fisheries i n question, 
thus will be a key area in which TACB programs will be needed to assist developing and LDC Members 
to develop this information  through, inter alia,  building and enhancing the capacity of their fisheries 
management personnel, in particular those  working to gather and report the data.  
Developing and LDC Members also will require support in meeting their reporting and transparency 
obligations to the WTO, once data collection systems are in place and functioning. In addition to the 
above -mentioned i nformation, the Agreement  requires  each Member to notify the Committee , in 
writing and on an annual basis, of a list of any vessels and operators that it has determined as 
having been engaged in IUU fishing. Establishing the institutional mechanisms and sy stems that will 
allow for a certain degree of automaticity in compliance with these new transparency and notification 
obligations will require specific knowledge, which can be achieved by targeted TACB to those that 
request it.  TN/C/21/Rev.2  
 
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  8  MODALITIES FOR COLLABORATION  WITH WTO PARTNER ORGANISATIONS  
This notification outlines the  purpose, structure and operation of the new Fund, to support the 
implementation of the disciplines under the Agreement on Fisheries Subsidies. J oint collaboration 
with the partner organizations  will not imply financial commitment by any of the m and will depend 
on the availability of resources from contributors. The Fund will be established  by, housed in, and 
operated under the overall responsibility of  the WTO Secretariat  working in cooperation with partner 
organi sations pursuant to TACB agreement(s) to be concluded, with a commitment by all partner 
organi sations to mobilize resources for the Fund. Joint as well as individual but coordinated activities 
could be undertaken by the partner organi sations, subject to the agreed operating rules and the 
availability of sufficient personnel and financial resources.  
9  SECRETARIAT FOCAL POINTS FOR THE TRUST FUND  
- Ms. Clarisse Morgan, Director, Rules Division  
- Mr. John Breckenridge, F inancial Controller, Financial Management Service  
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