TN/RL/W/278  
 
12 April 2024  
(24-3089) Page: 1/7 
Negotiating Group on Rules    
 
 
ADDITIONAL PROVISIONS  ON FISHERIES SUBSIDIES  
DRAFT TEXT  
_______________  
 
Note from the Chair of the Negotiating Group on Rules:  
 
This document reproduces the text of the document sent by Minister Facilitator , 
H.E. Mr Martin  Eyjólfsson,  to all Members via e -mail on 1 March 2024 during the 13th WTO Ministerial 
Conference.  
 
 
  TN/RL/W/278  
 
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  ADDITIONAL PROVISIONS  ON FISHERIES SUBSIDIES  
DRAFT TEXT  
Note: This document is without prejudice to any Members' positions or views, whether or not 
reflected herein.  
_______________  
ARTICLE A: SUBSIDIES CONTRIBUTING TO OVERCAPACITY AND OVERFISHING  
A.11 No Member shall grant or maintain subsidies to fishing or fishing related activities that 
contribute to overcapacity or overfishing.  For the purposes of this paragraph, subsidies that 
contribute to overcapacity or overfishing include2:  
(a) subsidies to const ruction, acquisition, maintenance, modernisation, renovation , or 
upgrading of vessels;  
(b) subsidies to the purchase or maintenance of machines and equipment for vessels 
(including fishing gear and engine, fish -processing machinery, fish -finding technology, 
refrigerators, or machinery for sorting or cleaning fish);  
(c) subsidies to the purchase/costs of fuel, ice, or bait;  
(d) subsidies to costs of personnel, social charges, or insurance;  
(e) income support of vessels or operators or the workers they employ except for such  
subsidies implemented for subsistence purposes during seasonal closures;  
(f) price support of fish caught;  
(g) subsidies to at -sea support; and  
(h) subsidies covering operating losses of vessels or fishing or fishing related activities.  
A.1.1  (a) A subsidy is not inc onsistent with Article A.1 if  the subsidizing Member demonstrates 
that measures are implemented to maintain the stock or stocks  in the relevant fishery 
or fisheries at a biologically sustainable level.3 Such demonstration shall include an 
explanation of how those measures ensure, or can reasonably be expected to ensure, 
that the stock or stocks in the relevant fishery or fisheries are maintained at a 
biologically sustainable level and shall be made throu gh a notification by the subsidizing 
Member as soon as practicable and no later than six months after a new subsidy 
program comes into effect, and thereafter in the Member's regular notifications of 
fisheries subsidies under Article 25 of the Agreement on Subsidies and Countervailing 
Measures (SCM Agreement) and Article  8.1 of the Agreement on Fisheries Subsidies 
(AFS).4,5 
 
1 For greater certainty , Article A.1 does not apply to subsidies to the extent they regard stocks that are 
overfished.  
2 For greater certainty , the subsidies listed in this provision shall not be deemed to contribute to 
overcapacity or overfishing when granted or maintained in accordance wit h Article A.1.1 . 
3 For the purpose s of these Additional  Provisions , the term  "biologically sustainable level " is the level 
determined by a coastal Member or a coastal non -Member having jurisdiction over the area where the fishing or 
fishing related activity is taking place, using reference points such as maximum sustainable yield (MSY) or other 
reference points, commensurate with the data available for the fishery; or by a relevant RFMO/A in areas and 
for species under its competence.  Members acknowl edge that the biologically sustainable level  of stocks may be 
influenced by factors beyond the control of the subsid izing Member.  
4 A coastal Member that is not the subsidizing Member shall not be required to provide data to enable the 
subsidizing Member t o invoke Article A.1.1.  
5 For greater certainty, a Member's existing subsidies are to be included in such regular notifications as 
from the date of entry into force of these Additional Provisions.  TN/RL/W/278  
 
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   (b) With the exception of Members covered by Article B.5 and  notwithstanding 
Article  A.1.1(a), for a developing country Member that i s: 
(i) neither amongst the 10 largest providers of fisheries subsidies by annual 
aggregate level of fisheries subsidies as notified to the Committee on Fisheries 
Subsidies (the Committee) under Article C.4;  
(ii) nor significantly engaged6 in fishing or fishing related activities in any area farther 
than one Food and Agriculture Organization of the United Nations (FAO) Major 
Fishing Area7 beyond the one(s) adjacent to the Member's territorial sea8; 
 a subsidy is not inconsistent with Art icle A.1 if the subsidizing Member demonstrates 
through its regular notifications of fisheries subsidies under Article 25 of the 
SCM Agreement and Article 8.1 of the AFS that measures are implemented to maintain 
the stock or stocks  in the relevant fishery or fisheries at a biologically sustainable 
level.9,10 
 (c) The information11 provided in the notification referred to in Article A.1.1(a) and 
Article  A.1.1(b) shall enable other Members to effectively evaluate the subsidy 
according to the conditions set out in Article  A.1.1 and shall include the following for the 
relevant fish stock or stocks:  
(i) conservation and management measures in place;  
(ii) status of the fish stocks12 (e.g., overfished, maximally sustainably fished, 
underfished, or unknown) and the reference points used, and whether such stocks 
are shared13 with any other Member or are managed by a  Regional Fisheries 
Management Organization or Arrangement (RFMO/A)14; 
(iii) catch data by species or group of species15 as compiled by a Member; and  
(iv) information on the fleet capacity as compiled by a Member.  
A.1.2  Any Member may, at any time, seek clarification regarding the notifications and information 
referred to in this Article. If a Member seeks such clarification, or considers that a notification 
or information under this Article has not been provided, the Mem ber may bring the matter to 
the attention of such other Member or to the Committee. Where a Member has brought such 
 
6 For the purposes of these Additional Provisions,  a Member  shall be considered to be significantly engaged 
in the fishing or fishing related activities referred to in this subparagraph if the combined volume of marine 
capture production of its vessels or operators in the relevant FAO Major Fishing area(s) exceeds  2 per cent of 
the total volume of marine capture  production  of that Member.  A flag State that does not subsidize the activities 
described in this provision shall not be deemed to be engaged in such activities.  
7 As delineated in the FAO Major Fishing Area  map in effect at the time of adoption of these Additional 
Provisions , as circulated by the WTO Secretariat.  
8 For the purposes of this subparagraph , if an FAO Major Fishing Area  that is adjacent to the Member's 
territorial sea  is directly connected to another FAO Major Fishing Area through a maritime canal, the latter area 
will be deemed to be one FAO Major Fishing Area beyond the one( s) adjacent to a Member's territorial sea.  For 
a coastal Member without a territorial sea , the expression "a Member's territorial sea" in this Article shall mean 
"a Member's jurisdiction".  
9 A coastal Member that is not the subsidizing Member shall not be required to provide data to enable the 
subsidizing Member to invoke Article A.1.1.  
10 For great er certainty,  a Member's existing subsidies are to be included in such regular notifications as 
from the date of entry into force of these Additional Provisions . 
11 For greater certainty, a Member is free to supplement, revise, or correct its notifications.  It is understood 
that the demonstration called for under Article A.1.1(a) or Article A.1.1(b) may include information contained in 
any supplemented, revised or corrected notifications, as well as in written answers provided by the subsidizing 
Member to wr itten questions received as part of the review process set out in Article A.1.2.  
12 A Member shall provide information on the status of the assessed fish stocks based on the best scientific 
evidence available to it.  
13 The term "shared stocks" shall have the same meaning as in footnote 14 of the AFS . 
14 For greater certainty,  for fish stocks managed by  an RFMO/A, status of the fish stocks provided by the 
Member shall include available stock status information from the RFMO/A.  
15 For multispecies fisheries, a Member instead may provide other relevant and available catch data.  TN/RL/W/278  
 
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  a matter to the attention of the subsidizing Member or the Committee, the subsidizing Member 
shall respond to the request as quickly as poss ible in writing and in a comprehensive manner.  
A.2 (a) Members shall refrain, to the greatest extent possible, from grant ing or maintain ing 
subsidies contingent upon, or tied to, actual or anticipated fishing or fishing related 
activities in areas beyond t he subsidizing Member's jurisdiction (whether solely or as 
one of several other conditions) , unless the requirements in subparagraph (b) are 
met.16,17  
 (b) For any subsidy referred to in subparagraph (a), Article A.1 shall apply . Such a  subsidy 
is not inconsistent with Article A.1  if the subsidizing Member also:  
(i) make s the demonstration required under Article A.1.1(a) for the relevant 
subsidy18; and  
(ii) in addition to the information referred to in Article A.1.1(c), provide s information 
on the conservation and management measures governing the subsidized fishing 
or fishing related activities such as national legislation or competent RFMO/A(s), 
and provide the following information for the relevant subsidy:  
(1) the amount of the subsidy;  
(2) fleet capa city in the fishery for which the subsidy is provided; and  
(3) catch data by species or group of species in the fishery for which the 
subsidy is provided.19 
 (c) The Committee on Fisheries Subsidies shall assess the information provided under 
Article A.2(b)(ii)  in accordance with the cycle of regular notifications under Article 25 of 
the SCM Agreement and Article 8.1 of the AFS, report on the total aggregate value of 
such subsidies, identify trends and  the impact on small island developing state Member s 
and least -developed country (LDC) Members,  and report such findings to the Council 
for Trade in Goods.  
ARTICLE B: SPECIAL AND DIFFERENTIAL TREATMENT  
B.1 Article  A.1 shall not apply to LDC Members. A graduated LDC Member may grant or maintain 
the subsidie s referred to in Article  A.1 to fishing or fishing related activities for a maximum of X years  
after a decision of the UN General Assembly to graduate that Member from the "Least Developed 
Countries" category.20 
B.2 A developing country Member21 may grant or maintain the subsidies referred to in Article  A.1 
if its share of the annual global volume of marine capture production does not exceed 0.8  per cent 
as per the most recent published FAO data as circulated by the WTO Secretariat. A Member rema ins 
exempted until its share exceeds this threshold for three consecutive years. It shall be re -included 
in Article B.2 when its share of the global volume of marine capture  production falls back below the 
threshold for three consecutive years.  
 
16 The mere fact that a subsid y is granted or maintained to vessels or operators that may be engaged in 
fishing or fishing related activities in areas beyond the subsidizing Member's jurisdiction (e.g., fishing in a nearby 
Member's exclusive economic zone (EEZ) pursuant to traditional or historical practices or arrangements  or 
reciprocal fisheries management and utilization arrangements , including relating to migratory stocks) shall not 
for that reason alone be considered to be contingent upon, or tied to, such fishing or fishing relate d activities.  
17 For a Member  whose maritime zone under national jurisdiction do es not have a definitively determined 
EEZ, the limit  shall be that  provided by international law , including the law  of the sea .  
18 For greater certainty , this demonstration shal l be made regardless of whether the subsidizing Member 
would be otherwise covered by Article A.1.1(b) or Article B.  
19 For multispecies fisheries, a Member instead may provide other relevant and available catch data.  
20 Article B.3(b) and (c) shall apply , mutatis mutandis , to a graduated LDC Member not covered by the 
special and differential treatment provided for in  Article  B.2, from the end of the period referred to in the second 
sentence of Article B.1.  
21 For greater certainty, this includes developing country Members that are  graduated LDC Members falling 
within the 0.8 per cent threshold after the expiry of the transition period referred to in Article B.1 . TN/RL/W/278  
 
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  B.3 (a) A developing country Member not covered by the special and differential treatment 
provided for in Article B.1 or Article B.2 may grant or maintain the subsidies referred to 
in Artic le A.1 to fishing or fishing related activities within its EEZ, and in the are a and 
for species under the competence of an RFMO/A through which the Member is 
authorized to engage in such fishing or fishing related activities, for a maximum of 
X years after the entry into force of these Additional Provisions.22 A developing country 
Member intending to invoke this provision shall inform the Committee in writing within 
one year of the date of entry into force of these Additional Provisions . 
 (b) Subsidies granted or maintained under subparagraph (a) shall be exemp t from actions 
based on Article A.1 and  Article 10 of the AFS for a period of two additional years after 
the end of the period referred to in the first sentence of subparagraph  (a). 
 (c) A developing country Member to which subparagraph (b) applies may req uest no more 
than two two -year extensions of the period referred to in that subparagraph  through 
the Committee. The Committee shall take into account the specific circumstances of 
that Member, and shall give due and sympathetic consideration to developing country 
Members that demonstrate concrete progress toward implementing Article  A.1. 
B.4 (a) A developing country Member may grant or maintain the subsidies referred to in Article 
A.1 for small scale and artisanal fishing or fishing related activities that are primarily 
low income, resource poor or livelihood in nature23 as operationally defined by that 
Member.  
 (b) A developing country Member availing itself of subparagraph (a) shall, in its regular  
notification under Article 25 of the SCM Agreement and Art icle 8.1 of the AFS , notify  
the subsidies provided under this provision and provide  its operational definition(s) of 
the fishing or fishing related activities referred to in subparagraph (a), and promptly 
inform the Committee of any modifications thereafter.24 
B.5 Developing country Members with competent fisheries management capabilitie s are 
encouraged to make a binding commitment not to avail themselves of Article B.1, Article B.2, 
Article  B.3, and Article B.4.25 
ARTICLE C: NOTIFICATION AND TRANSPARENCY26 
C.1 Article 25 of the SCM Agreement and Article 8 of the AFS shall apply to these 
Additional  Provisions , with the additions provided for in Article A, Article B, and this Article.  
  
 
22 When the FAO data circulated by the WTO Secreta riat for the purpose of Article B.2 show for the first 
time that a Member's share of annual global volume of marine capture production exceeds the threshold in 
Article  B.2 for three consecutive years, such that the Member is no longer covered by Article B. 2, Article  B.3(b) 
and (c) shall apply mutatis mutandis  to that Member as from that date. If the date on which the Member ceases 
to be covered by Article B.2 on this basis occurs during the period referred to in the first sentence of Article  B.3(a), 
the Mem ber shall benefit from the remainder of that period.  
23 For greater certainty, the activities described in this paragraph do not include significantly commercial 
fishing or fishing related activities. A range of characteristics may be taken into account as  guiding points when 
considering "small scale and artisanal fishing or fishing related activities" including: size of fishing vessel; level 
of motorisation; level of mechanisation; type of fishing gear; refrigeration or storage on board; labour or crew; 
ownership; time commitment (full time, part -time, seasonal); location, distance, and duration of fishing trips; 
disposal of catch; utilization of catch (level of processing, preservation, or value -add); and integration into 
economy or management system.  
24 A Member may meet this obligation by providing to the Committee an up -to-date electronic link to the 
Member's or other appropriate official web page that sets out this information.  
25 Such binding commitments include statements made by eligible Members to […], such as those made 
[placeholder for references to such binding commitments made before adoption of these Additional Provisions ] 
and will be recorded by the Council for Trade in Goods and will be compiled and published publicly on the WTO 
website.  
26Targe ted technical assistance and capacity building assistance to developing country Members, including 
LDC Members, shall be available for the purposes of implementing these Additional Provisions.  TN/RL/W/278  
 
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  C.2 Each Member shall notify to the Committee in writing on an annual basis of : 
(a) any vessels and operators for which the Member has information that reasonably 
indicates the use of forced labour, along with relevant information to the extent 
possible; and  
(b) a list of any agreements in force, or existing arrangements, for obtaining access to the 
fisheries  resources  of another coastal Member or non -Member, and such notification 
shall consist of:  
(i) the titles of the agreements or arrangements;  
(ii) a list of their parties; and  
(iii) to the extent possible, the full text of the agreements or arrangements.  
A Member may meet this o bligation by providing an up -to-date electronic link to the 
Member's or other appropriate official web page that sets out this information . This 
notification may be presented either individually or jointly by Members who are parties 
to an agreement or arra ngement.  
C.3 Notwithstanding Article 1 of the AFS, and to the extent possible, each Member shall notify to 
the Committee in writing on an annual basis of its fuel subsidies granted or maintained to fishing or 
fishing related activities that are not specifi c within the meaning of Article 2 of the SCM Agreement . 
C.4 Each Member shall notify to the Committee information that is necessary for the determination 
of its annual aggregate level of fisheries subsidies, building upon its existing notifications under 
Article 25 of the SCM Agreement and Article 8.1 of the AFS. The first notification of this information 
shall be submitted not later than 120  days from the date of  entry into force of these Additional 
Provisions. Thereafter, this information shall be provide d in the Member's regular notifications of 
fisheries subsidies under Article  25 of the SCM Agreement and Article 8.1 of the AFS.27 Each Member 
shall submit this information through a template the content and form of which shall be previously 
adopted  by Mem bers. 
C.5 Within one year from the date of entry into force of these Additional Provisions, the WTO 
Secretariat shall compile and make publicly available a list of Members and their respective annual 
aggregate levels of fisheries subsidies, on the basis of  the information referred to in Article C.4. The 
list shall be ranked in descending order by annual aggregate level of fisheries subsidies. The list shall 
be updated in accordance with the cycle of regular notifications under Article 25 of the 
SCM Agreemen t and Article 8.1 of the AFS. For the purpose of establishing the list, the WTO 
Secretariat may request technical clarifications from the subsidizing Member concerning the notified 
subsidies. The Committee shall review the list at its regular meetings.  
C.6 A Member may invoke Article A.1.1 or Article B.4 only in respect of subsidies which it has 
notified to the Committee under Article 25 of the SCM Agreement and Article  8.1 of the AFS.  
C.7 Nothing in these Additional Provisions requires the provision of co nfidential information, 
including confidential business information.  
ARTICLE D: OTHER OVERCAPACITY - AND OVERFISHING -RELATED PROVISIONS  
D.1 (a) Not later than five years after the date of entry into force of these Additional Provisions, 
the Committee shall review their operation. This review shall assess, in particular, the 
overall impact  of these Additional Provisions on overcapacity and overfish ing, distant 
water fishing or fishing related activities, aggregate levels of fisheries subsidies, and 
aggregate levels of subsidies contingent upon, or tied to, actual or anticipated fishing 
or fishing related activities in areas beyond national jurisdict ion, and whether these 
Additional Provisions have increased economic benefits to small island developing state 
 
27 In accordance with the applicable periodicity of such notific ations, including as provided for in 
footnote  13 of the AFS.  TN/RL/W/278  
 
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  Members and LDC Members from the sustainable use of marine resources. The review 
shall also identify any necessary modifications to further stren gthen the operation or 
improve the effectiveness of these Additional Provisions, taking into account the ir 
objectives and UN Sustainable Development Goals target 14.6 and target 14.7. Such 
modifications may include quantitative limitations or reduction commitments to 
subsidies of the major subsidizers. If either the aggregate levels of subsidies or 
aggregate levels of subsidies contingent upon, or tied to, actual or anticipated fishing 
or fishing related activities in areas beyond national jurisdiction have increased, the 
Committee shall recommend quantitative limitations or reductions  unless it determines 
that other modifications are more appropriate . In considering any modifications  to these 
Additional Provisions , the Committee shall take into account the information provided 
under Article A.2 (c) and Article C.4 .  
 (b) The Committee shall report to the Council for Trade in Goods the outcome s of this 
review, including any resulting prop osals to amend the text of these Additional 
Provisions. The outcomes of this review and any recommendations to further strengthen 
the operation or improve the effectiveness of these Additional Provisions shall be 
considered at the first session of the Mini sterial Conference that follow s the conclusion 
of the review.  Thereafter, these issues shall be addressed in the periodic reviews under 
Article 9.4 of the AFS on the basis of the modalities in subparagraph (a) . 
D.2 Before granting a subsidy, and notwithsta nding these Additional Provisions, a Member shall 
consider the consequence of the subsidy on overcapacity or overfishing.  
ARTICLE E: RELATIONSHIP WITH AGREEMENT ON FISHERIES SUBSIDIES  
E.1 These Additional Provisions , together  with the AFS, constitute the c omprehensive disciplines 
referred to in Article 12 of the AFS  and achieve the comprehensive agreement on fisheries subsidies 
in accordance with paragraph 4 of the Ministerial Decision on the AFS adopted at the Twelfth Session 
of the WTO Ministerial Confere nce.28 Other than as provided under Article E.1, the Additional 
Provisions do not modify or nullify any rights or obligations as provided by the AFS . 
E.2 Article 1, Article 2, Article 6, Article 7, Article 8, Article 9, Article 10, and Article 11 of the AFS 
shall apply, mutatis mutandis , to these Additional Provisions29, in addition and without prejudice to 
any cross -references in these Additional Provision s to specific provisions of the AFS.  
__________  
 
 
28 WT/MIN(22)/33  – WT/L/1144 . 
29 For greater certainty , Article 10.2 of the AFS shall apply to consultations and the settlement of disputes 
under Article A,  and Article A shall not pr event a Member from granting a subsidy for disaster relief in accor dance 
with Article  11.1 of the AFS.