WT/GC/W/918  
 
12 December 2023  
(23-8507) Page: 1/4 
General Council  Original: English  
 
PROMOTING AGRICULTURAL PRODUCTION AND TRADE IN NFIDCS AND LDCS  
DRAFT MINISTERIAL DECISION OF THE 13TH MINISTERIAL CONFERENCE OF THE WORLD TRADE 
ORGANIZATION (WTO), GENEVA, SWITZERLAND  
The following communication, dated 11 December  2023, is being circulated at the request of the 
delegation of Nigeria on behalf of the African Group.  
 
_______________  
 
The Ministerial Conference,  
 
• Having regard to paragraph 1 of Article IX of the Marrakesh Agreement Establishing the 
World Trade Organization;  
 
• Noting the critical importance of the "The Decision on Measures Concerning the Possible 
Negative Effects of the Reform Programme on Least -Developed and Net -Food-Importing 
Developing Countries", (or the NFIDC Decision) for supporting the food needs of Leas t 
Developed Countries (LDCs) and Net Food Importing Developing Countries (NFIDCS) as 
listed under G/AG/5  during the process of agricultural reform as undertaken under the 
mandate of the Agreement on Agriculture (AoA)  
 
• Noting simultaneously the limitations in the prov isions under the NFIDC Decision and the 
lack of their implementation as per the report prepared by the WTO Secretariat, leading to 
significant gaps in efforts to meet the needs of LDCs and NFIDCs with respect to the impact 
of agricultural reform as underta ken under the mandate of the AoA as well as the recurring 
food crises witnessed in the recent period;  
 
• Acknowledging the recent global crises due to the COVID -19 Pandemic and the geopolitical 
instability have caused an increase in the level of  food insecurity for countries, including with 
the usage of unfair agricultural trade practice and the need to foster resilience against future 
shocks to global supply chains.  
 
• Acknowledging the mandate of Paragraphs 8 and 9 of the "Ministerial Declaration on 
Emergency Responses to Food Insecurity" ( WT/MIN(22)/W/17/Rev.1 ), dated 16 June 2022 
agreed during the 12th Ministerial Conference of the WTO;  
 
• Taking forward the work undertaken by the work program set up under the Committee on 
Agriculture  to deliver on the mandate of Paragraphs 8 and 9 of the said Ministerial Decision.;  
 
• Recognizing the relevance of the Agriculture negotiations to Food Security.  
 
Decides that;  
 
1. With the objective of enhancing agriculture production and productivity in L DCs and 
NFIDCs:  
 
a. (i) An LDC or an NFIDC Member may give Aggregate Measurement of Support (AMS) 
covered under Article 6.4 of the Agreement on Agriculture in excess  of the relevant  
de minimis  limits by X% in case of basic foodstuffs which have witnessed ne t imports with WT/GC/W/918  
 
- 2 - 
 
  imports accounting for greater than 45 per cent of domestic net food availability, in each 
year of the immediately preceding five calendar year period for which data is available.  
(ii) The current de minimis  limit shall be immediately re -applicable when the basic 
foodstuff in question has witnessed a level of self -sufficiency where domestic production 
is contributing 75 per cent and above of domestic net availability in each year of a 
consecutive five calendar year period for which data is a vailable.  
(iii) Members using the provision under Paragraph 1.(a)(i) shall file their annual domestic 
support (DS:1) notifications for the relevant years when the de minimis  limit is exceeded. 
In addition such Members shall also file a notification on mee ting the conditions specified 
under paragraph 1.(a)(i) above within the first calendar year of exceeding the de minimis  
limit. 
b. (i) An LDC or an NFIDC Member may give Aggregate Measurement of Support (AMS) 
covered under Article 6.4 of the Agreement on Agric ulture in excess  of the relevant  
de minimis  limits in case of basic foodstuffs imported by an LDC or an NFIDC Member with 
immediate effect under a situation of food crisis when, for a month, the average monthly 
import price for that product exceeds the tr igger price. The trigger price shall be 130 per 
cent of the Olympic average of the import price for the corresponding month of the 
immediately preceding five calendar year period (referred herewith as the "base period") 
for which data is available.  
(ii) Th e current de minimis  limit shall be re -applicable when the average monthly import 
price for that product falls below the trigger price of the "base period"1 for a consecutive 
six month period.  
(iii) Members using the provision under Paragraph 1.(b)(i) shall file their annual domestic 
support (DS:1) notifications for the relevant years when the de minimis  limit is exceeded. 
In addition such Members shall also file a notification on meeting the pr ice conditions2 
specified under paragraph 1.(b)(i) above within the first calendar year of exceeding the 
de minimis  limit. 
c. There will be negotiations with the objective to reach an outcome by MC14 on other 
flexibilities identified through the work conduct ed in the Special Committee set up under 
the mandate of Paragraph 8 and 9 of the "Ministerial Declaration on Emergency Responses 
to Food Insecurity" ( WT/MIN(22)/W/17/Rev.1 ). 
2. With the objective of enhancing accessibility to food marke ts of NFIDCs and LDCs;  
 
a. (i) A Member imposing export prohibitions and restrictions on foodstuffs may voluntarily 
explore practical,  WTO-consistent means to lessen the effect of such measures on 
importing countries, particularly LDCs and NFIDCs, in response to specific requests from 
Members having a substantial interest as an importer.  
(ii) This Decision shall not be construed to prevent the adoption by any Member of 
measures to ensure its domestic food security in accordance with the relevant provis ions 
of the WTO agreements.  
b. Members reaffirm to provide international food aid in particular to LDCs and NFIDCs upon 
their request in accordance with Paragraph 22 to 32 of the Nairobi Decision on Export 
Competition ( WT/MIN(15)/45  - WT/L/980 ) of 2015.  
c. (i) The Nairobi Decision on Export Competition ( WT/MIN(15)/45  - WT/L/980 ) provisions 
on export credits, export credit guarantees or insurance programmes shall be 
implemented to the fullest, while integrating the special and differential treatment for LDCs 
 
1 For greater certainty, the "base period" will be the immediately preceding five calendar  year period 
which is used to calculate the trigger price.  
2 Either the National price indicator or the FAO Food Price Indices or price indicators in any two major 
global export markets for the relevant product may be used by the NFIDC/LDC Member for this purpose. The 
choice of index/indicator by the NFIDC/LDC Member concerned shall not be disputed by other Members.  WT/GC/W/918  
 
- 3 - 
 
  and NFIDCs as per Paragraph 17 of the Decision providing a repayment term between 36 
and 54 months on export financing support for the acquisition of basic foodstuffs by LDCs 
and NFIDCs. In case of exceptional circumstances faced by such Members which still 
preclude financing normal levels of commercial imports of basic foodstuffs and/or in 
accessing loans granted by multilateral and/or regional financial institutions within these 
timeframes, it shall have an extension of such a time -frame between 54 and 72 months.  
(ii) Members agree to restart negotiations on disciplines on export credit guarantees with 
special regard to products of domestic interest to LDCs and NFIDCs.  
d. Notwithstanding its cause, exports of basic foodstuffs to NFIDCs and LDCs during any 
period of a fo od crisis shall not be blocked by a WTO Member either through physical 
measures such as blocking of shipping routes or through financial measures.  
e. NFIDCs and LDCs shall continue to benefit from the provisions of Article 9.4 of the 
Agreement on Agriculture  until the end of 2050.  
3. With the objective of enhancing access to finance for imports and enhancement of 
production in NFIDCs and LDCs;  
 
a. There will be an international compensatory financing mechanism to finance normal levels 
of commercial imports of ba sic foodstuffs by LDCs and NFIDCs and to make short, medium 
and long term credit available for enhancing production and productivity in LDCs and 
NFIDCs.  
b. The Mechanism will be set up in collaboration between the WTO, the Food and Agriculture 
Organization (F AO) under the United Nations, the International Monetary Fund (IMF), and 
the World Bank (WB), International and regional development banks. Developed countries 
must commit to make donations to this Mechanism in continuance of the mandate under 
the Marrakes h Decision of 1994.  
c. The Mechanism will make credit available on a continuous basis to finance normal levels 
of commercial imports of basic foodstuffs as well as fund finance requirements to enhance 
food production and productivity in NFIDCs and LDCs upon t heir request for products 
where the said LDC or NFIDC is a net importer with imports accounting for greater than 
45 per cent of domestic net food availability in each year of the immediately preceding 
five calendar year period for which data is available.  
d. The Mechanism will make credit available on an immediate basis to finance normal levels 
of commercial food imports of basic foodstuffs without any conditionality, in the situation 
of a food crisis either at global level or at national level, for specific N FIDC or LDC Members 
upon their request for products where the country is a net importer with imports 
accounting for greater than 45 per cent of domestic net food availability in each year of 
the immediately preceding five calendar year period for which dat a is available.  
e. The Mechanism must be chaired by an NFIDC or LDC Member and at least 2/3rd of its 
Membership shall be from NFIDCs or LDCs.  
f. Institution specific international mechanisms to set up import financing facilities under the 
FAO, IMF, the World Ban k and other bodies should collaborate with the Mechanism as set 
up under 3.(a).  
4. With the objective of enhancing transparency of Food Aid programmes and Export 
credit, guarantee and insurance initiatives;  
 
a. Recalling the provisions of the Nairobi Ministe rial Declaration on Export Competition, which 
highlight the significance of special and differential treatment, and recognizing the lack of 
adequate information on food aid and export credit, guarantee, and insurance initiatives, 
the pivotal role of compre hensive data and detailed information in shaping food security 
policy objectives is affirmed .  WT/GC/W/918  
 
- 4 - 
 
   
b. In light of this, the Committee on Agriculture will address this insufficiency by focusing 
specifically on enhancing the notification requirements and formats pertaining to food aid 
and export credit, guarantee, and insurance initiatives. This targeted approach, will foster 
a deeper understanding and comprehensive evaluation of these specific areas, thereby 
contributing to the advancement of global food security objectives.  
5. With the objective of enhancing the productive capacity of NFIDCs and LDCs  
 
The WTO shall in collaboration with relevant international and regional organizations explore funding 
mechanism to improve the agricultural productive capacities, infrastructure and access to 
agricultural inputs of NFIDCs. Agricultural supply response capacity and productivity in NFIDCs must 
be increased and special attention has to be given to small -scale and women farmers who often 
produce l ess than they consume.  
__________