WT/MIN(22)/W/20  
 
10 June 2022 
(22-4435) Page: 1/9 
Ministerial Conference  
Twelfth Session  
Geneva, 12 -15 June 2022  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  
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 related activities at sea.1, 2, 3 
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 this Agreement . 
3 For greater certainty, for the purposes of this Agreement, a subsidy shall be attributab le to the Member 
conferring it, regardless of the flag or registry of any vessel involved or the nationality of the recipient.  WT/MIN(22)/W/20  
 
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  ARTICLE  3: SUBSIDIES CONTRIBUTING TO  
ILLEGAL, UNREPORTED AND UNREGULATED FISHING4 
3.1  No Member shall grant or maintain any subsidy to a vessel or operator5 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 following6, 7: 
(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 determination8 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 information9 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  provided for 
in Article 9.1 (referred to in this Agreement as "the Committee") . 
  
 
4 "Illegal, unreported and unregulated (IUU) fishing" refers to activities set out in paragraph  3 of the 
International Plan of Ac tion to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing  adopted 
by the UN Food and Agriculture Organization (FAO) in 2001.  
5 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.  
6 Nothing in this Article shall be interpreted to obligate Members to initiate IUU fishing investigations or 
make IUU fishing determinations.  
7 Nothing in this Article shall be interpreted as affecting the competence of the listed entities under 
relevant in ternational instruments or granting new rights to the listed entities in making IUU fishing 
determinations.  
8 Nothing in this Article shall be interpreted to delay, or affect the validity or enforceability of, an IUU 
fishing determination.  
9 For example, t his may include an opportunity to dialogue or for written exchange of information if 
requested by the flag State or subsidizing Member.  WT/MIN(22)/W/20  
 
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  3.4  The subsidizing Member shall t ake into account the nature, gravity, and repetition of IUU fishing 
committed by 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 sanction10 resulting from 
the determination triggering the prohibition remains in force, or 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. 4. 
3.6  Where a port State Member 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 t o 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 suc h 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 livelihood 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 jurisdiction 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.11  
4.4  For a period of 2 years from the date of entry into force of this Agreem ent, 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 . 
  
 
10 Termination of sanctions is as provided for under the laws or procedures of the authority having made 
the determinatio n referred to in Article 3.2 . 
11 For the purpose of this paragraph, a biologically sustainable level is the level determined by a coastal 
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(22)/W/20  
 
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  ARTICLE  5: SUBSIDIES CONTRIBUTING TO OVERCAPACITY AND OVERFISHING  
5.112  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 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 c harges, 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 . 
5.1.1  A subsidy i s not inconsistent with Article  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.11 
5.2       (a) No Member shall grant or maintain 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).13 
            (b) Subparagraph  (a) shall not apply to the non -collection from operators or vessels of 
government -to-government payments under agreements and other arrangements 
with coastal Members for access to the surplus of the total allowable catch of the  living 
resources in waters under their jurisdiction, provided that the requirements under 
Article  5.1.1 are met.  
5.3 No Member shall grant or maintain subsidies provided  to fishing or fishing related activities 
outside of the jurisdiction of a coastal Mem ber or a coastal non -Member and outside the competence 
of a relevant RFMO/A.  
5.4  A Member shall take special care and exercise due restraint when granting subsidies to vessels 
not flying that Member’s flag.  
5.5[14]    (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 exclusive economic zone and the 
area of competence of a relevant RFMO/A [for a maximum of 7 years after the entr y 
into force of this Agreement ][up to the year 2030] .  Subsidies granted or maintained 
under this paragraph shall be exempt from actions based on Articles 5.1 and 10 of this 
 
12 For greater clarity, Article 5.1 does not apply to subsidies to the extent they regard stocks that are 
overfished.  
13The mere fact that a subsidy is grante d 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 historic al practices or 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 related activities . 
[14 This provision shall not apply to Members whose annual sha re of the global volume of marine capture 
production is at or above [X] per cent as per the most recent published FAO data  as circulated by the WTO 
Secretariat .] WT/MIN(22)/W/20  
 
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  Agreement for a period of 2 additional years after the end of the period referred to in 
the prior sentence. 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 
this Agreement .  
(b)  (i) A developing country Member may grant or maintain th e subsidies referred to in 
Article 5.1 to fishing and fishing related activities 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 Secreta riat. 
 (ii) A Member remains exempted until its share exceeds the threshold in 
Article 5.5(b)(i)  for three consecutive years. It shall be re -included in Article 5.5(b)(i) 
when its share of the global volume of marine capture  production falls back below the 
threshold for three consecutive years.  
(c)  A developing country Member may grant or maintain the subsidies referred to in Article 
5.1 for low income, resource -poor and livelihood fishing or fishing related activities, 
up to [12] [24] nautical miles measured from the baselines, including archipelagic 
baselines.  
(d) While applying Article  5.5, 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 solutions 
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 Agreement. 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 Agricultural 
Development. The contributions of WTO Members  to the mechanism shall be exclusively on a 
voluntary basis and shall not  utilize regular budget resources.  
  WT/MIN(22)/W/20  
 
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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 following information as part of its regular notification of fisheries subsidies 
under A rticle 25 of the SCM  Agreement15,16: 
(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 provided17; 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  Agreement15,16:  
(i) status of the fish stocks in the fishery for which the subsidy is provided (e.g. 
overfished, maximally sust ainably fished, or underfished) and the reference 
points used, and whether such stocks are shared18 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 numbe r of the fishing vessel or vessels benefitting from 
the subsidy; and  
(iv) fleet capacity in the fishery for which the subsidy is provided.  
8.2  Notwithstanding Article 1, and to the extent possible, each Member shall notify the Committee 
in writing on an annual  basis of its fuel subsidies granted or maintained by a Member to fishing and 
fishing related activities that are not specific within the meaning of Article 2 of the SCM Agreement.   
8.3 Each Member shall notify the Committee in writing on an annual basis o f: 
(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;  
 
15 For the purpose of Article  8.1, Members shall provide this information in addition to all th e information 
required under Article  25 of the SCM  Agreement and as stipulated in any questionnaire utilized by the SCM 
Committee, for example G/SCM/6/Rev.1.  
16 For LDC Members, and developing country Members  with an annual  share of the  global volume of 
marine capture production not exceed ing [0.8] per cent  as per the most recent published FAO data  as circulated 
by the WTO Secretariat , the notification of the additional information in this subparagraph may be made every 
four years . 
17 For multispecies fisheries, a Member instead may provide other relevant and available catch data.  
18 The term "shared stocks" refers to stocks that occur with in the EEZ s of two or more coastal Members, 
or both within the EEZ and in an area beyond and adjacent to it. WT/MIN(22)/W/20  
 
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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 elect ronic link to the 
Member's or other appropriate official web page that sets out this information.  
8.4  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 th e 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 tak en to implement the prohibitions set out in Article  3. 
8.5  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 the Committee  an up -
to-date electronic link to the Member's or other appropriate offici al web page that sets out this 
information.  
8.6  A Member may request additional information from the notifying Member regarding the 
notifications and information provided under this Article. The notifying Member shall respond to that 
request as quickly as possible in writing and in a comprehensive man ner. If a Member considers that 
a notification or information under this Article has not been provided, the Member may bring the 
matter to the attention of such other Member or to the Committee.  
8.719 (a) A Member may only invoke Article  4.3, Article  5.1.1, Article  5.5, or Article 6 in respect 
of subsidies which it has notified to the Committee under Article  25 of the 
SCM Agreement 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 
provid ed the information called for in Articles  8.1(b)(i) and 8.1(b)(ii).  
8.8  Members shall notify to the Committee in writing, upon 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 fish ing determinations, and the updated lists of vessels 
and/or operators that it has determined as having been engaged in IUU fishing. T his notification 
may be presented either individually or by a group of Members.20 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.  
8.9 Members recognize that notification of a measure does not prejudge (a) it s legal status under 
GATT 1994, the SCM Agreement, or this Agreement; (b) the effects of the measure under the SCM 
Agreement; or (c) the nature of the measure itself.  
8.10  Nothing in this Article requires the provision of confidential information.  
 
19 For greater certainty , and in accordance with footnote 16 , Article 8. 7 does not require notification prior 
to the regular notification of fisheries subsidies, which may include any supplement to, revision of, or correction 
of such notification.  
20 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(22)/W/20  
 
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  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 envisag ed 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 relati ng to the operation of 
this Agreement or the furtherance of its 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.  
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 th e 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 mod ifications to improve the operation of this Agreement, 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 XXIII 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 prov ided herein.21  
10.2  Without prejudice to paragraph 1, the provisions of Article 4 of the SCM Agreement22 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 restraint when granting subsidies to fishing 
or fishing related ac tivities 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 disaster23 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.  
 
21 Subparagraphs 1(b) and 1(c) of Article XXIII of the GATT 1994 and Article 26 of the DSU  shall not apply 
to the settlement of disputes under this Agreement . 
22 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.  
23 For greater certainty, this provision does not apply to economic or financial crises.  WT/MIN(22)/W/20  
 
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  11.3   (a) This Agreement, including any findings, recommendations, and awards with respect 
to this Agreement, shall have no legal implications regarding territorial claims or 
delimitation of maritime boundaries.  
 (b) A panel established pursuant to Article 10 of this Agreement shal l make no findings 
with respect to any claim that would require it to base its findings on any asserted 
territorial claims or delimitation of maritime boundaries.24 
11.4  Nothing in this Agreement shall be construed or applied in a manner which will prejud ice the 
jurisdiction, rights and obligations of Members, arising under international law, including the law of 
the sea25.  
11.5  Except as otherwise provided, nothing in this Agreement shall imply that a Member is bound 
by measures or decisions of, or reco gnizes, any RFMO/As of which it is not a party or a cooperating 
non-party.  
11.6  This Agreement does not modify or nullify any rights and obligations as provided by the SCM 
Agreement.  
__________  
 
 
 
24 This limitation shall also apply to an arbitrator established pursuant to Article 25 of the Dispute 
Settlement Understanding.  
25 Including rules and procedu res of RFMO/As.