WT/MIN(21)/W/5  
24 November 2021  
(21-8880) Page: 1/9 
Ministerial Conference  
Twelfth Session  
Geneva, 30 November -3 December 2021  Original: English  
 
AGREEMENT ON FISHERIES SUBSIDIES  
DRAFT TEXT  
Note: This document is without prejudice to any Member's positions or views, whether or not 
reflected herein.  
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ARTICLE  1: SCOPE  
1.1  This Agreement applies to subsidies, within the meaning of Article  1.1 of the Agreement on 
Subsidies and Countervailing Measures (SCM  Agreement) that are specific within the meaning of 
Article  2 of that Agreement, to marine wild capture fishing and fishing rel ated activities at sea.1, 2 
[1.2  Notwithstanding paragraph  1 of this Article, this Agreement also applies to fuel subsidies to 
fishing and fishing related activities at sea that are not specific within the meaning of Article  2 of the 
SCM Agreement.]  
ARTICLE  2: DEFINITIONS  
For the purpose of this Agreement:  
(a) "fish" means all species of living marine resources, whether processed or not;  
(b) "fishing" means searching for, attracting, locating, catching, taking or harvesting fish 
or any activity which can reas onably be expected to result in the attracting, locating, 
catching, taking or harvesting of fish;  
(c) "fishing related activities" means any operation in support of, or in preparation for, 
fishing, including the landing, packaging, processing, transshipping or  transporting of 
fish that have not been previously landed at a port, as well as the provisioning of 
personnel, fuel, gear and other supplies at sea;  
(d) "vessel" means any vessel, ship of another type or boat used for, equipped to be used 
for, or intended to be used for, fishing or fishing related activities;  
(e) "operator" means the owner of a vessel, or any person, who is in charge of or directs 
or controls the vessel.  
  
 
1 For greater certainty, aquaculture and inland fisheries are excluded from the scope of this Agreement . 
2 For greater certainty, government -to-government payments under fisheries access agreements shall 
not be deemed to be subsidies within the meaning of t his Agreement . WT/MIN(21)/W/5  
 
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  ARTICLE  3: SUBSIDIES CONTRIBUTING TO  
ILLEGAL, UNREPORTED AND UNREGULATED FISHING3 
3.1  No Member shall grant or maintain any subsidy to a vessel or operator4 engaged in illegal, 
unreported and unregulated (IUU) fishing  or fishing related activities in support of IUU fishing.  
3.2  For purposes  of Article  3.1, a vessel  or operator shall be considered to be engaged in IUU fishing 
if an affirmative determination thereof is made by any of the following5, 6: 
(a) a coastal Member, for activities in areas under its jurisdiction; or  
(b) a flag State Member, for activities by vessels  flying its flag; or  
(c) a relevant Regional Fisheries Management Organization or Arrangement (RFMO/A), in 
accordance with the rules and procedures of the RFMO/A and relevant international 
law, including through the provision of timely notification and relevan t information, in 
areas and for species under its competence.  
3.3 (a) An affirmative determination7 under Article  3.2 refers to the final finding by a 
Member and/or the final listing by an RFMO/A that a vessel or operator has engaged 
in IUU fishing.  
(b) For purposes of Article  3.2(a), the prohibition  under Article  3.1 shall apply where 
the determination by the coastal Member is based on relevant factual information and 
the coastal Member has provided to the flag State Member and, if known, th e 
subsidizing Member, the following:  
 (i) timely notification, through appropriate channels, that a vessel or operator has 
been temporarily detained pending further investigation for engagement in, or that the 
coastal Member has initiated an investigation for, IUU fishing including reference to any 
relevant factual information, applicable laws, regulations, administrative procedures, or 
other relevant measures;  
(ii) an opportunity to exchange relevant information8 prior to a determination,  so 
as to allow  such information to be considered  in the final determination. The coastal 
Member may specify the manner and time period in which such information exchange 
should be carried out; and  
(iii) notification of the final determination, and of any sanctions applied, including, if 
applicable, their duration.  
The coastal Member shall notify an affirmative determination to the Committee.  
  
 
3 "Illegal, unreported and unregulated (IUU) fishing" refers to activities set out in paragraph  3 of the 
International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing  
adopted by the UN Food and Agri culture Organization (FAO) in 2001.  
4 For the purpose of Article  3, the term "operator" means the operator within the meaning of Article  2(e) 
at the time of the IUU fishing infraction. For greater certainty, the prohibition on granting or maintaining 
subsidies to operators engaged in IUU fishing applies to subsidies provided to fishing and fishing related 
activities at sea.  
5 Nothing in this Article shall be interpreted to obligate Members to initiate IUU fishing investigations or 
make IUU fishing determin ations.  
6 Nothing in this Article shall be interpreted as affecting the competence of the listed entities under 
relevant international instruments or granting new rights to the listed entities in making IUU fishing 
determinations.  
7 Nothing in this Article  shall be interpreted to delay, or affect the validity or enforceability of, an IUU 
fishing determination.  
8 For example, this may include an opportunity to dialogue or for written exchange of information if 
requested by the flag State or subsidizing Membe r. WT/MIN(21)/W/5  
 
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  3.4  The subsidizing Member shall take into account the nature, gravity, and repetition of IUU fishing 
committed b y a vessel or operator when setting the duration of application of the prohibition in 
Article 3.1. The prohibition in Article 3.1 shall apply at least as long as the sanction9 resulting from 
the determination triggering the prohibition remains in force, o r at least as long as the vessel or 
operator is listed by an RFMO/A, whichever is the longer.  
3.5  The subsidizing Member shall notify the measures taken pursuant to Article 3.1 to the 
Committee in accordance with Article 8.3.  
3.6  Where a port State Membe r notifies a subsidizing Member that it has clear grounds to believe 
that a vessel in one of its ports has engaged in IUU fishing, the subsidizing Member shall give due 
regard to the information received and take such actions in respect of its subsidies as  it deems 
appropriate.  
3.7  Each Member shall have laws, regulations and/or administrative procedures in place to ensure 
that subsidies referred to in Article  3.1, including such subsidies existing at the entry into force of 
this Agreement, are not granted  or maintained.  
[3.8  For a period of [2] years from the date of entry into force of this Agreement, subsidies granted 
or maintained by developing country Members, including least -developed country (LDC) Members, 
for low income, resource -poor and livelihoo d fishing or fishing related activities, up to [12] nautical 
miles measured from the baselines shall be exempt from actions based on Articles  3.1 and 10 of this 
Agreement .] 
ARTICLE  4: SUBSIDIES REGARDING OVERFISHED STOCKS  
4.1  No Member shall grant or maintain subsidies for fishing or fishing related activities regarding 
an overfished stock.  
4.2  For the purpose of this Article, a fish stock is overfished if it is recognized  as overfished by the 
coastal Member under whose jurisdic tion the fishing is taking place or by a relevant RFMO/A in areas 
and for species under its competence, based on best scientific evidence available to it.  
4.3  Notwithstanding  Article  4.1, a Member may grant or maintain subsidies referred to in Article  4.1 
if such subsidies or other measures are implemented to rebuild the stock to a biologically sustainable 
level.10  
[4.4  For a period of [2] years from the date of entry into f orce of this Agreement, subsidies granted 
or maintained by developing country Members, including LDC Members, for low income, resource -
poor and livelihood fishing or fishing related activities, up to [12] nautical miles measured from the 
baselines shall be  exempt from actions based on Articles  4.1 and 10 of this Agreement .] 
  
 
9 Termination of sanctions is as provided for under the laws or procedures of the authority having made 
the determination referred to in Article 3.2 . 
10 For the purpose of this paragraph, a biologically sustainable level is the level determined by a coas tal 
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.  WT/MIN(21)/W/5  
 
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  ARTICLE  5: SUBSIDIES CONTRIBUTING TO OVERCAPACITY AND OVERFISHING  
5.1  No Member shall grant or maintain subsidies to fishing or fishing related activities that 
contribute to overcapacity or overfishing. For the purpose of this paragraph, subsidies that contribute 
to overcapacity or overfishing include:  
(a) subsidies to construction, acquisition, modernisation, renovation or upgrading of 
vessels;  
(b) subsidies to the purchase of machin es 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 per sonnel, social charges, or insurance;  
(e) income support of vessels or operators or the workers they employ;  
(f) price support of fish caught;  
(g) subsidies to at -sea support;  
(h) subsidies covering operating losses of vessels or fishing or fishing related activities; 
and 
(i) subsidies contingent upon, or tied to, actual or anticipated fishing or fishing related 
activities in areas beyond the subsidizing Member's jurisdiction (whether solely or as 
one of several other conditions).11 
5.1.1  A subsidy is not inconsistent with A rticle 5.1 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.10 
5.2  No Member shall grant or maintain subsidies provided  to fishing  or fishing related activities 
outside of the jurisdiction of a coastal Member or a coastal non -Member and outside the competence 
of a relevant RFMO/A.  
5.3   
[ALT 1  No Member shall grant or maintain subsidies for a vessel not flying the flag of the subsidizing 
Member.]  
[ALT 2  No Member shall grant or maintain subsidies under Article 5.1 for a vessel over which it 
cannot exercise jurisdiction or control or cannot otherwise ensure that the vessel to which the 
subsidy is granted is not engaging in activities which contribute to overfishing or overcapacity.]  
 
 
 
 
 
11 The mere fact that a subsidy 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 jurisdi ction shall not for that reason 
alone be considered to be contingent upon, or tied to, such  fishing or fishing related activities . WT/MIN(21)/W/5  
 
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  [5.4[12] (a) A developing country Member may grant or maintain the subsidies referred to in 
Article  5.1 to fishing and fishing related activities within its EEZ and the area of 
competence of a relevant RFMO/A for a maximum of [X] years after the entry into 
force of this Agreement. A  developing country Member intending to invoke this 
provision shall infor m the Committee in writing before the date of entry into force of 
this Agreement.  
 (b) In addition, a developing country Member may grant or maintain the subsidies referred 
to in Article  5.1 to fishing and fishing related activities:  
(i) if its annual share o f the global volume of marine capture production does not 
exceed [0.7 per cent] as per the most recent published FAO data13; 
(ii) for low income, resource -poor and livelihood fishing or fishing related activities, 
up to [12] nautical miles measured from the bas elines.  
(c) While applying Article 5.4, a Member shall endeavour to ensure that its subsidies do 
not contribute to overcapacity or overfishing.]  
ARTICLE  6: SPECIFIC PROVISIONS FOR LDC MEMBERS  
6.1  The prohibition under Article 5.1 shall not apply to LDC Members.  
[6.2  An LDC Member may grant or maintain the subsidies referred to in Article  5.1 to fishing and 
fishing related activities within its EEZ and the area of competence of a relevant RFMO/A for a  
maximum of [X] years after the entry into force of a decision of the UN General Assembly to exclude 
that Member from the "Least Developed Countries" category.  
6.3  A Member shall exercise due restraint in raising matters involving an LDC Member and soluti ons 
explored shall take into consideration the specific situation of the LDC Member involved, if any.  In 
addition, a Member applying Article 6.1 or Article 6.2 shall endeavour to ensure that its subsidies do 
not contribute to overcapacity or overfishing.]  
ARTICLE  7: TECHNICAL ASSISTANCE AND CAPACITY BUILDING  
[Targeted technical assistance and capacity building assistance to developing country 
Members, including LDC Members, shall be provided for the purpose  of implementation of the 
disciplines under this Ag reement. In support of this assistance, a voluntary WTO funding mechanism 
shall be established in cooperation with relevant international organizations such as the Food and 
Agriculture Organization of the United Nations (FAO) and International Fund for Agr icultural 
Development. The contributions of WTO Members to the mechanism shall be exclusively on a 
voluntary basis and shall not  utilize regular budget resources.]  
  
 
[12 This provision shall not apply to Members whose annual share of the global volume of marine capture 
production  is at or above 10 per cent as per the most recent published FAO data .]  
13 A Member remains exempted until its share exceeds the threshold for three consecutive years. It shall 
be re-included in 5. 4(b)(i) when its share of the global volume of marine capture  production falls back below the 
threshold  for three consecutive years . WT/MIN(21)/W/5  
 
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  ARTICLE  8: NOTIFICATION AND TRANSPARENCY  
8.1  Without  prejudice to Article  25 of the SCM  Agreement and in order to strengthen and enhance 
notifications of fisheries subsidies, and to enable more effective surveillance of the implementation 
of fisheries subsidies commitments, each Member shall  
(a) provide the fol lowing information as part of its regular notification of fisheries subsidies 
under Article  25 of the SCM  Agreement14,[15]: 
(i) type or kind of fishing activity for which the subsidy is provided; and  
(ii) catch data by species  or group of species  in the fishery for which the subsidy 
is provided16; and 
(b) to the extent  possible, provide the following information as part of its regular 
notification of fisheries subsidies under Article  25 of the SCM  Agreement14,[15]:  
(i) status of the f ish stocks in the fishery for which the subsidy is provided (e.g. 
overfished, maximally sustainably fished, or underfished) and the reference 
points used, and whether such stocks are shared17 with any other Member or 
are managed by an RFMO/A;  
(ii) conservation and management measures in place for the relevant fish stock;  
(iii) name and identification number of the fishing vessel or vessels benefitting from 
the subsidy; and  
(iv) fleet capacity in the fishery for which the subsidy is provided.  
[8.1bis Fuel subsidies, that are not specific within the meaning of Article 2 of the SCM 
Agreement, granted or maintained by a Member to fishing and fishing related activities 
at sea and/or availed by such a Member’s fishing vessels;18]   
8.2  Each Member shall notify the Committee in writing on an annual basis of:  
(a) a list of vessels and operators that it has affirmatively determined as having been 
engaged in IUU fishing;  
(b) [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]  
(c) a list of any agreements in force, or existing arrangements, for obtaining access to 
fisheries 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;  
 
14 For the purpose of Article  8.1, Members shall provide this information in addition to all the information 
required under Article  25 of the SCM  Agreement and as stipulated in a ny questionnaire utilized by the SCM 
Committee, for example G/SCM/6/Rev.1.  
15 [For LDC Members, and developing country Members  with an annual  share of the  global volume of 
marine capture production not exceed ing [0.7 per cent ] as per the most recent publish ed FAO data , the 
notification of the additional information in this subparagraph may be made every four years .] 
16 For multispecies fisheries, a Member instead may provide other relevant and available catch data.  
17 The term "shared stocks" refers to stocks that occur with in the exclusive economic zones (EEZ) of two 
or more coastal Members, or both within the EEZ and in an area beyond and adjacent to it.  
18 [Notwithstanding paragraph 2 of Article 25 of the SCM Agreement.]  WT/MIN(21)/W/5  
 
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  (iii) to the extent possible, the full text of the agreements or arrangements;  
A Member may meet this obligation by providing an up -to-date electronic link to the 
Member's or other appropr iate official web page that sets out this information.  
8.3  Each Member shall, within one year of the date of entry into force of this Agreement, inform 
the Committee  of measures in existence or taken to ensure the implementation and administration 
of this  Agreement , including the steps taken to implement prohibitions set out in Articles  3, 4 and  5. 
Each Member shall also promptly inform the Committee of any changes to such measures thereafter, 
and new measures taken to implement the prohibitions set out in  Article  3. 
8.4  Each Member shall, within one year of the date of entry into force of this Agreement, provide 
to the Committee  a description of its fisheries regime with references to its laws, regulations and 
administrative procedures relevant to this Agreement , and promptly inform the Committee  of any 
modifications thereafter. A Member may meet this obligation by providing to t he Committee  an up -
to-date electronic link to the Member's or other appropriate official web page that sets out this 
information.  
8.5  A Member may request additional information from the notifying Member regarding the 
notifications and information provide d under this Article. The notifying Member shall respond to that 
request as quickly as possible in writing and in a comprehensive manner. If a Member considers that 
a notification or information under this Article has not been provided, the Member may brin g the 
matter to the attention of such other Member or to the Committee.  
8.6 (a) A Member may only invoke Article  4.3, Article  5.1.1, Article  5.4, or Article 6 in respect 
of subsidies which it has notified to the Committee under Article  25 of the 
SCM Agree ment and Article  8.1 of this Agreement.  
(b) In addition, a Member may only invoke Article  4.3 or Article  5.1.1 if the Member has 
provided the information called for in Articles  8.1(b)(i) and 8.1(b)(ii).  
8.7  Members shall notify to the Committee in writing, up on entry into force of this Agreement, any 
RFMO/A to which they are parties. This notification shall consist of , at least, the text of the legal 
instrument instituting th e RFMO/A, the area and species under its competence, the information on 
the status of the managed fish stocks, a description of its conservation and management measures, 
the rules and procedures governing its IUU fishing determinations, and the updated lists of vessels 
and/or operators that it has determined as having been engaged in IUU fi shing. T his notification 
may be presented either individually or by a group of Members.19 Any changes to this information 
shall be notified promptly to the Committee. The Secretariat to the Committee shall maintain a list 
of RFMO/A s notified pursuant to this Article.  
8.8  Nothing in this Article requires the provision of confidential information.  
ARTICLE  9: INSTITUTIONAL ARRANGEMENTS  
9.1  There  is hereby established a Committee composed of representatives from each of the 
Members. The Committee shall elect its own Chair and shall meet not less than twice a year and 
otherwise as envisaged by relevant provisions of this Agreement at the request of  any Member. The 
Committee shall carry out responsibilities as assigned to it under this Agreement or by the Members 
and it shall afford Members the opportunity of consulting on any matter relating to the operation of 
this Agreement or the furtherance of i ts objectives. The WTO Secretariat shall act as the secretariat 
to the Committee.  
9.2  The Committee shall examine all information provided pursuant to Articles  3 and 8 and this 
Article not less than every two years.  
 
19 This obligation  can be met  by providing an up -to-date electronic link to the notifying Member's or other 
appropriate official web page that sets out this information.  WT/MIN(21)/W/5  
 
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  9.3  The Committee  shall review annually the implementation and operation of this Agreement , 
taking into account the objectives thereof. The Committee shall inform annually the Council for Trade 
in Goods of developments during the period covered by such reviews.  
9.4  Not later than five years after the date of entry into force of this Agreement and every three 
years thereafter, the Committee shall review the operation of this Agreement with a view to 
identifying all necessary modifications to improve the operation of this A greement, taking into 
account the objectives thereof. Where appropriate, the Committee may submit to the Council for 
Trade in Goods proposals to amend the text of this Agreement having regard, inter alia, to the 
experience gained in its implementation.  
9.5  The Committee shall maintain close contact with the FAO and with other relevant international 
organizations in the field of the fisheries management, including relevant RFMO/As.  
ARTICLE  10: DISPUTE SETTLEMENT  
10.1  The provisions of Articles XXII and XXI II of the GATT 1994 as elaborated and applied by the 
Dispute Settlement Understanding (DSU) shall apply to consultations and the settlement of disputes 
under this Agreement, except as otherwise specifically provided herein.20  
10.2  Without prejudice to pa ragraph 1, the provisions of Article 4 of the SCM Agreement21 shall 
apply to consultations and the settlement of disputes under Articles 3, 4 and 5 of this Agreement.  
ARTICLE  11: FINAL PROVISIONS  
11.1  Members shall take special care and exercise due restr aint when granting subsidies to fishing 
or fishing related activities regarding stocks the status of which is unknown.  
11.2  Except  as provided in Articles  3 and 4, nothing in this Agreement shall prevent a Member from 
granting a subsidy for disaster22 relief, provided that the subsidy is:  
(a) limited to the relief of a particular disaster;  
(b) limited to the affected geographic area;  
(c) time-limited; and  
(d) in the case of reconstruction subsidies, limited to restoring the affected fishery, and/or 
the affected fleet to its pre -disaster level.  
[11.3   (a) This Agreement, including any findings, recommendations, and awards with respect 
to this Agreeme nt, shall have no legal implications regarding territorial claims or 
delimitation of maritime boundaries.  
 (b) A panel  established pursuant to Article  10 of this Agreement shall not entertain any 
claim that would require it to address any issues of territorial claims or delimitation of 
maritime boundaries that is contested by a party or a third party. ]  
11.4  Nothing in t his Agreement shall be construed or applied in a manner which will prejudice the 
jurisdiction, rights and obligations of Members, arising under international law, including the law of 
the sea23.  
 
20 Subparagraphs 1(b) and 1(c) of Article XXIII of the GATT 1994 and Article 26 of the DSU shall not appl y 
to the settlement of disputes under this Agreement . 
21 For purposes of this Article, the term "prohibited subsidy" in Article 4 of the SCM Agreement refers to 
subsidies subjec t to prohibition in Article 3, Article 4 or Article 5 of this Agreement.  
22 For greater certainty, this provision does not apply to economic or financial crises.  
23 Including rules and procedures of RFMO/As.  WT/MIN(21)/W/5  
 
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  11.5  Except as otherwise provided, nothing in this Agreemen t shall imply that a Member is bound 
by measures or decisions of, or recognizes, any RFMO/As of which it is not a party or a cooperating 
non-party.  
11.6  This Agreement does not modify or nullify the rights and obligations as provided by the SCM 
Agreement.  
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