JOB/AG/188  
22 September  2020 
(20-6390) Page: 1/14 
Committee on Agriculture  
Special Session  Original:  English  
 
  
FINDINGS FROM EXPORT RESTRICTI VE MEASURES  
IN RELATION TO THE COVID -19 PANDEMIC  
COMMUNICATION FROM JAPAN;  ISRAEL;  KOREA, REPUBLIC OF ; SWITZERLAND AND  
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU  
The following communication, dated 18 September  2020, is being circulated at the request of the 
aforementioned Members . 
 
_______________  
 
 
1  BACKGROUND  
1.1.  Before the COVID -19 pandemic, export restrictive measures were continuously discussed 
based on submissions from like -minded Members  in 2018 and 2019 ( documents JOB/AG/149, 
JOB/AG/156 and JOB/AG/175 ), with a review of measures taken by Members over several years , as 
well as consideration on consistency with relevant GATT provisions and the Agreement on Agriculture 
(AoA). These studies , and the discussions based on them , clarified the facts and identified specific 
issues in the area for further negotiations.   
1.2.  Since the first outbreak in Asia at the end of 2019, t he COVID -19 pandemic has be come  a 
major  crisis, spread ing quickly and globally . It is widely recognized that the pandemic is not only a 
medical crisis but has brought a wide range of negative impacts on our socio -economic system s, 
and unfortunately , agriculture trade is not an exception.  
1.3.  The international community reacted to the crisis and, as part of attempts  to address the 
situation , Members and the WTO Secretariat ha ve made efforts to issue  reports and statements1 in 
collaboration with other international organizations, which always place importance on avoiding 
export restrictive measures. The WTO Secretariat also collected and shared relevant information.  
1.4.  Upon the request of Members, on 18 June 2020 a special meeting of the Committee o n 
Agriculture (CoA)  was held which dealt with COVID -19 and agriculture trade -related matters. During 
the meeting , Members  review ed the trade measures recently taken and gave valuable notes to other 
Members through the meeting 's interactive process , where one of the main topics discussed was 
export restriction.  
 
1 Shown below are the examples  of relevant reports and statements:  
(i) "Joint Statement by QU Dongyu, Tedros Adhanom Ghebreyesus and Roberto Azevêdo, Directors -General of 
FAO, WHO and WTO" (31 March 2020), https://www.wto.org/english/news_e/news20_e/igo_26mar20_e.htm . 
(ii) Ministerial Statement on COVID -19, G20 Extraordinary Agriculture Ministers Meeting (21 April 2020), 
https://g20.org/en/media/Documents/G20_Agriculture%20Ministers%20Meeting_Statement_EN.pdf . 
(iii) "Responding to the COVID -19 Pandemic with Open and Predictable Trade in Agricultural and Food 
Products" (29 May 2020, WTO document WT/GC/208/Rev.2 – G/AG/30/Rev.2).  JOB/AG/188  
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  2  INTRODUCTION  
2.1.  Following those recent activities , and buil ding on previous studies, this paper intends to provide 
fact-based findings2,3 from export restrictive measures taken by Members in relation to the 
COVID -19 pandemic . These findings are based on information provided by the Secretariat, ER:1 
notifications by Members and the responses  in the special meeting of the CoA held on 18 June 2020 .  
2.2.  By sharing these findings, this paper aims to provide and share the lessons learned from 
COVID -19 experiences in connection to export restricti ve measures . It also attempts to help 
Members understand the circumstances surrounding export restrictive measures, including 
Members ' compliance with the relevant provisions of the AoA as well as new elements for possible 
improvement of the rules,  which could be discussed further at the coming meetings of the Committee 
on Agricu lture in Special Session  (CoA-SS). 
2.3.  The information provided in this paper is based on (1) the ER:1 notifications4 after the 
COVID -19 pandemic, (2) the respon ses5 by Members through an interactive process for the special 
meeting of the CoA  held on 18 June 2020, and (3) the COVID -19 related website6 provided by the 
WTO Secretariat and some other information sources.  
3  FINDINGS  
3.1  FINDINGS FROM INFORMATION ON ACTUAL MEASURES AND ER:1  NOTIFICATIONS  
3.1.  It is recognized that 1 6 Member s have institute d a total of 21 export restrictive measures since 
March 2020, the list of which is shown in Table  1 (see next page) .   
 
2 Country names are not specified in this paper as the purpose of this paper is to provide an overview of 
matters in export restrictive measures in relation to the COVID -19 pandemic - each country is ind icated as 
letters of the alphabets (Country A, Country B, Country C, …).  
3 The scope of analysis in this paper is the findings concerning the export restrictive measures taken by 
WTO Members. The information of non -Members is also included in Table 1 and F igure 2 to provide a global 
picture of such measures in relation to the COVID -19 pandemic.  
4 ER:1 notifications made from March to August 2020.  
5 Obtained mainly from Agriculture Information Management System (AG -IMS).  
6 WTO website "COVID -19: Trade and trade -related measures", 
(https://www.wto.org/engl ish/tratop_e/covid19_e/trade_related_goods_measure_e.htm ).   
  JOB/AG/188  
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Table 1 – List of export restrictive measures  
Country1 Products  Type of 
Measur e2 Duration  Notification3 
ER:1*** 
QR* Date of ER:1 
notif ication  
(days after 
starting date)  Description of "nature and justification " for  
the measure in ER:1 notifications  
A Wheat and 
meslin, Wheat 
flour Export 
prohibition  
- > 
Export 
quota  20 Mar – 2 Apr  
- > 
3 Apr - 30 Apr  *** 
* 2 Apr  
(13 days)  Due to the COVID -19, the Government of Country A via its Decision 
of No. 70, dated 20.03.2020, adopted a measure on the prohibition 
of exports of wheat and meslin, as well wheat flour with aim to protect 
human health and prevent relieve critical shortage of essential 
products. Country A has already submitted QR notification to the 
Committee on Market Access, dated 31  March 2020.  
B Wheat and 
meslin, Wheat 
flour, Cooking 
oil, Rice, Pasta 
production, 
Chicken egg, 
Sugar, Feed  Export 
prohibition  6 months from 22 
Mar *** 
* 30 Mar  
(8 days)  Due to the global outbreak of COVID -19, the government vide its 
Decree No. 174, dated 22.03.2020, adopted the decision to impose 
export prohibition on select food products with the aim of supplying 
Country B population with strategic food stuffs and other products. 
The measure has alre ady been notified to the Committee on Market 
Access , dated 24 March 2020.  
C 
non-WTO 
member  Wheat flour, 
Rice, Pasta, Oil, 
Coffee, etc.  Export 
prohibition  22 Mar – no end  - - - 
D Bird eggs  Export 
prohibition  26 Mar – 1 Apr  *** 
* 30 Mar  
(4 days)  Pursuant to Article XI, paragraph 2(a) of GATT 1994 and in 
accordance with Article 12, paragraph 1 (b) of the Agreement on 
Agriculture, an export prohibition was introduced with the aim to 
prevent critical shortage in the domestic market resulting from the  
global outbreak of the C OVID -19. Country D welcomes consultation, 
under Article 12, paragraph 1(b) of the Agreement on Agriculture, 
with any Member having a substantial interest as an importer.  
Bird eggs  Export 
prohibition  2 Apr – 30 Apr  [***]  
* 2 Apr 
(0 days)  Pursuant to Article XI, paragraph 2(a) of GATT 1994 and in 
accordance with Article 12, paragraph 1 (b) of the Agreement on 
Agriculture, an export prohibition was introduced with the aim to 
prevent critical shortage in the domestic market resul ting from the 
global outbreak of the C OVID -19. Country D welcomes consultation, 
under Article 12, paragraph 1(b) of the Agreement on Agriculture, 
with any Member having a substantial interest as an importer.  
E Dried 
leguminous 
vegetables  Export 
prohibition  26 Mar – 31 Dec  - - - 
F Dried 
leguminous 
vegetables  Export 
prohibition  26 Mar – no end  - - -   
  JOB/AG/188  
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Country1 Products  Type of 
Measur e2 Duration  Notification3 
ER:1*** 
QR* Date of ER:1 
notif ication  
(days after 
starting date)  Description of "nature and justification " for  
the measure in ER:1 notifications  
G Leguminous 
vegetables and 
products 
thereof (except 
peanuts, fresh 
or chilled peas, 
etc.) Export 
prohibition  
- > 
Export 
quota  3 months from 28 
Mar 
- > 
3 months from 15 
Jun * - - 
H Wheat  Export 
quota  30 Mar – 30 Jun 
2021 - - - 
Buckwheat; 
Buckwheat 
grain 
(uncoated)  Export 
prohibition  9 Apr – 1 Jul *** 13 Apr  
(4 days)  In order to prevent a critical shortage of foodstuff he Cabinet of 
Ministers of Country H has adopted the Resolution No. 260 of 2  April 
2020 "On Amending Annex I of the Resolution of the Cabinet of 
Ministers of Country Hof 24 December 2019 No. 1109" that imposes 
export prohibition on certain food products. Country H has a lready 
submitted relevant notification to the Committee on Market Access, 
dated 13 April 2020.  
Rye Export 
quota  17 Aug – 30 Jun 
2021 -   
I Wheat and 
meslin, Rye, 
Barley, Corn  Export 
quota  1 Apr – 30 Jun  - - - 
J Wheat and 
meslin, Wheat 
flour, etc.  Export 
quota  2 Apr – 31 May  - - - 
Buckwheat, 
White sugar, 
etc. Export 
Prohibition  2 Apr – 31 May  - - - 
K Rice Export 
prohibition  5 Apr – 19 May  - - - 
L Lemon  Export 
license  7 Apr – 6 Aug  - - - 
M Wheat, Wheat 
flour, Barley, 
Corn, Rice, 
Soybeans, etc.  Export 
prohibition  10 Apr – 15 Apr  - - -   
  JOB/AG/188  
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Country1 Products  Type of 
Measur e2 Duration  Notification3 
ER:1*** 
QR* Date of ER:1 
notif ication  
(days after 
starting date)  Description of "nature and justification " for  
the measure in ER:1 notifications  
N Rice Export 
prohibition  
- > 
Export 
quota  25 Mar – 9 Apr  
- > 
10 Apr - 30 Apr  *** 4 Aug  
(116 days)  Nature of the measure: Export quota for rice in April 2020.  
Justification: Rice is an essential foodstuff of every xxx (nationality of 
Country N). In the context of the complicated and unpredictable 
escalation of the COVID -19 pandemic which led to citizens' insecurity 
in March 2020, the Government of County N decided to adopt a 
necessary gl obal quota in rice export to ensure domestic supply and 
national food security, which is prescribed in Article XI:2(a) of the 
GATT 1994 as an exception to the general elimination of quantitative 
restrictions.  
Measure introduced: Country N's Ministry of Ind ustry and Trade on 
10 April 2020 issued Decision 1106/QD -BCT prescribing a global 
quota of 400,000 tonnes for rice export in April 2020. The first -come, 
first-serve mechanism was used to administer this measure.  
O 
 (A measure as a member of the regional economic alliance only. See far bottom line.)  
P 
non-WTO 
member  Rye, Rice, 
Buckwheat, 
Vegetables, etc  Export 
prohibition  12 Apr – 30 Jun  - - - 
Q 
non-WTO 
member  Sunflower Oil, 
Molasses, 
Yeast, etc.  Export 
prohibition  13 Apr – 6 May  - - - 
Corn Export 
quota  13 Apr – 6 May  - - - 
R Wheat, Wheat 
flour, 
Vegetable, etc.  Export 
prohibition  25 Apr – no end  - - - 
S Rice Export 
quota  1 May – 30 Jun  *** 12 Jun  
(42 days)  Due to the COVID -19, the Government of County S via its Bulletins 
of No.(3/2020) and No.(5/2020), dated 07/04/2020 and 24/04/2020, 
adopted a measure on the restrictions of export of rice, with the aim 
to prevent critical shortage of rice which is an essential foodstuff in 
the national diet.  
Rice Export 
quota  1 Jul – 30 Sep [***]  9 Jul 
(8 days)  Due to the COVID -19, the government of Country S via its Bulletins 
of No. (3/2020) dated 07 -04-20 and No.(5/2020) dated 24 -04-2020, 
adopted a measure on the restrictions of export of rice, with aim to 
prevent critical shortage of rice which is an essential foodstuff in the 
national diet.    
  JOB/AG/188  
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Country1 Products  Type of 
Measur e2 Duration  Notification3 
ER:1*** 
QR* Date of ER:1 
notif ication  
(days after 
starting date)  Description of "nature and justification " for  
the measure in ER:1 notifications  
B, I, J, O 
and P 
as a 
regional 
economic 
alliance  Rye, Rice, 
Buckwheat, 
Vegetables, etc.  Export 
prohibition  12 Apr – 30 Jun  - - - 
Soybeans  Export 
prohibition  12 Apr – 12 Jun  - - - 
Sunflower 
seeds  Export 
licensing  12 Apr – 31 Aug  - - - 
Notes:  
1  Country C, P and Q are observers (non -WTO members).  
2  "[***] " (*** in bracket) in "Notification " columns means the second notifications on the same measure for extension.  
3  Country A, G and N have changed the initial export prohibition to the export quota at some point, as indicated in "Type of Measure " columns.  JOB/AG/188  
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  3.2.  Of those 2 1 measures, 11 measures are export prohibition s, five measures are export quota s 
and two measures are licensing requirement s, and three measures have been instituted as  export 
prohibition and then changed to export quota  (see Figure 1) . Export prohibition s, which account for 
52% of all the measures , occup y the first place.   
Figure 1 – Types of  export restrictive measures  
 
3.3.  Most of the measures were institute d with a specific duration ( indicating end date s of the 
measure)  while some ex tended the duration before the end of the period . The average duration of 
the measures setting the end date is approximately 130 days while two measures did not specify an 
end date.  It is observed that one third of the measures  has not been withdrawn  and that the 
duration s of some measures are indicated to go beyond the end of 2020  (see Figure 2, next page ). 
Export Prohibition (EP)
11 out of 21
(52%)
Export Quota (EQ)
5  out of 21
(24%)EP to EQ
3 out of 21
(14%)Licensing Requirement (LR)
2 out of 21
(10%)
Export Prohibition (EP) Export Quota (EQ) EP to EQ Licensing Requirement (LR)  
  JOB/AG/188  
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Figure 2 – Duration of export restrictive measures   
Export prohibition
Export quota
Export licensing
x th week of the year   1112131415161718192021222324252627282930313233343536373839404142434445464748495051525312 181920212223242526
"x" non WTO Members (C, P, Q)
Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan May Jun
Country Products9-16-23-30- 6-13-20-27- 4-11-18-25- 1-8-15-22-29- 6-13-20-27- 3-10-17-24-31- 7-14-21-28- 5-12-19-26- 2-9-16-23-30- 7-14-21-28- 4-11- 3-10-17-24-31- 7-14-21-28-
A Wheat and meslin, Wheat flour ----> ER1 (2 Apr: 13 days)
BWheat and meslin, Wheat flour, Cooking oil, Rice,
Pasta production, Chicken egg, Sugar, Feed----> ER1 (30 Mar: 8 days)
x C Wheat flour, Rice, Pasta, Oil, Coffee, etc. 22 Mar - 
D Bird eggs ->ER1 (30 Mar: 4 days & 2 Apr: 0 days)
E Dried leguminous vegetables not notified
F Dried leguminous vegetables 26 Mar - not notified
GLeguminous vegetables and products thereof
(except peanuts, fresh or chilled peas, etc.)not notified
Wheat not notified
Buckwheat; Buckwheat grain (uncoated) ->ER1 (13 Apr: 4 days)
Rye not notified
I Wheat and meslin, Rye, Barley, Corn not notified
Buckwheat, White sugar, etc. not notified
Wheat and meslin, Wheat flour, etc. not notified
K Rice not notified
L Lemon not notified
MWheat, Wheat flour, Barley, Corn, Rice, Soybeans,
etc.not notified
N Rice --------------------------------------->
O
x P
Sunflower Oil, Molasses, Yeast, etc.
Corn
R Wheat, Wheat flour, Vegetable, etc. 25 Apr - not notified
S Rice ------> ER1 (12 Jun: 42 days) ->ER1 (9 Jul: 8 days) (extension)
Rye, Rice, Buckwheat, Vegetables, etc not notified
Soybeans not notified
Sunflower seeds not notified2021 2020
42 days
 20 Mar - 30 Apr
36 days
 26 Mar - 30 Apr
24 days
 13 Apr - 6 May60 days
 2 Apr - 31May
60 days
 2 Apr - 31May
45 days
 5 Apr - 19 May281 days
 26 Mar - 31 Dec
not
notified185 days
 22 Mar - 22 Sep
84 days
 9 Apr - 1 Jul
91 days
1 Apr - 30 Junend date
not specified
xend date
not specified
318 days
 17 Aug - 30 Jun 2021458 days
 30 Mar - 30 Jun  2021171 days
 28 Mar - 14 sep
initial prohibition  (25 Mar - 9 Apr)
not notified
end date
not specified(members of the regional economic alliance shown
at the bottom of this figure)ER1 (4 Aug:116days)
for export quota37 days
25 Mar - 30 Apr
141 days
 12 Apr - 31 Aug6 days
 10 Apr - 15 Apr122 days
 7 Apr - 6 Aug
QJH
a regional
economic
alliance
B,I,J,O,P153 days
 1 May - 30 Sep
62 days
 12 Apr - 12 Jun80 days
 12 Apr - 30 Jun24 days
 13 Apr - 6 MayJOB/AG/188  
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  3.4.  First, it should be pointed out that ER:1 notifications  have been made so far for  only six out of 
21 export restricti ve measures  (six out of 16 Members ). Article 12 of the AoA requires Members to 
make notifications  unless  the measure was taken by a net -food importing developing country of the 
specific foodstuff. In addition,  there were no advance notifications even though  the said article sets 
out the timing of the notification  "as far in advance as practical " (see Figure 3). 
Figure 3 – Present state of ER:1  notificatio ns 
 
 
3.5.  Regarding the six notifications made so far , even though limited in numbers, major 
observations are illustrated below (see also the far right column of Table 1) . As a whole, the 
information available from the notifications is limited in terms of  the nature and justification of the 
measure, as provided in document G/AG/2 .7 
• The type of the measure is not shown: Country  S. 
• No clear j ustification on how the measure fulfils the conditions provided by 
GATT  Article  XI.2(a) :8 Country A, B, D, H, N, S . 
3.2  FINDINGS FROM RESPON SES BY MEMBERS AT THE COVID -19 SPECIAL MEETING  OF 
THE  COA 
3.6.  In the following paragraphs, some typical phrases/sentences selected from the responses by 
Members obtained mainly from the AG-IMS are illustratively quoted and cate gorized according to 
the relevant provisions of the GATT/AoA . Some other information such as that from ER:1 
notifications are also used where needed . 
 
7 A duplicate of the current format of ER:1 notification  (included in document G/AG/2) is attached as an 
Annex to this paper for reference.  
8 General Agreement on Tariffs and Trade (GATT) Article X I.2: The provisions of paragraph 1 of this 
Article shall not extend to the following:  
(a)  Export prohibitions or restrictions temporarily applied  to prevent or relieve critical shortages  of foodstuffs 
or other products essential  to the exporting contract ing party; […].  
no notification
15 out of 21
(71%)retroactive notification
6 out of 21 
(29%)advance notification
0out of 21
(0%)
no notification retroactive notification advance notificationJOB/AG/188  
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  GATT Article XI.2 (a) 
The provisions of paragraph 1 of this Article shall not extend to the following:  
(a)  Export prohibitions or restrictions temporarily applied  to prevent or relieve critical shortages  
of foodstuffs or other products essential  to the exporting contracting party; […]  
 
"temporarily  applied " (Article XI.2(a), GATT)  
 
3.7.  A Member  has explain ed that a measure has been  temporarily applied  and will be withdrawn 
as soon as the market situation is back to "normal " and domestic reserve is "guaranteed " but its 
actual criteria of termination of the measure is not necessarily clear for other Members:  
"Ministerial Decision No.  x is strictly temporary and will be in force until the situation 
regarding the national supply of red beans returns to normal and domestic reserves can 
be guaranteed. " [Country F ] 
3.8.  It is noted that, as of today, many of the Member s have withdrawn the export restrictive 
measures instituted in relation to the COVID -19 pandemic. However, it should also be noted that 
one third of the export restrictive measures are still maintained and some measures are likely to go 
beyond the end of 2020  (see paragraph 3.3 and Figure 2 ).  
3.9.  A Member decided to make a second ER:1 notification when it was decide d to continue the 
measure longer than the original duration. With the second notification, a new end date has been 
provided  (see Table 1 and Figure 2):  
"The measure on rice exports  is temporary applied for a certain limited period of two 
months (1  May 2020 - 30 June 2020) " (Note: On 10 July 2020, extended duration has 
been notified.) [Country S ]  
"critical shortages " (Article XI.2(a), GATT)  
 
3.10.  Some Member s seemingly provide only a qualitative explanation to justify that there are 
critical shortages  of the product concerned in the exporting Member  without showing the current 
status and/or prediction of supply and demand : 
"The extraordinary measures that virtually all countries have adopted to mitigate the 
effects of the C OVID -19 crisis have led to high volatility and speculation regarding basic 
foodstuffs and staples, which carries  a real risk of critical shortage of thes e products. " 
[Country F ]  
"The restrictions on movement  and the shutdown of virtually the entire economy to 
mitigate the impact of the pandemic increase the risk of shortages of essential foodstuffs 
generally , and rice in particular. " [Country S ]  
3.11.  Some other Member s seemingly provide more quantitative explanation s to demonstrate how 
the product concerned is (or possibly will be) in short supply:  
"On 2 April 2020 [Country H] decided to introduce the export prohibition on buckwheat, 
which took effect on 9 April 2020, after in late -March three major exporters of this 
product to [Country H] [xxx, xxx, xxx: plural country names other than Country H] had 
imposed export pro hibitions on buckwheat . These three countries account for about 
100% of [Country H 's] total buckwheat imports, which are projected to meet about  
18% of the domestic consumption needs in 2019/2020 marketing year. " [Country H ]  
"essential " products  (Article XI.2(a) , GATT ) 
 
3.12.  Some Member s seemingly provide only qualitative  explanation s to justify that the product 
concerned is essential  to the exporting country :  
"Rice is an essential foodstuff  of every xxx (nationality) " [Country N]  JOB/AG/188  
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  “Lemon  is an essential product for daily consumption. Moreover, it is also used as raw 
material for the production of cologne , sanitizer  and household cleaners . Because of the 
COVID -19 pandemic, need for cleaning  and hygiene  has increased. " [Country L] 
3.13.  In contra st, some other Member s seemingly provide an appropriate rationale to demonstrate 
why the product concerned is essential to the country in a quantitative way : 
"[Country A] is net importer of wheat  and meslin , and wheat flour , as essential food 
products. In the past five years, [country A's] import each year reached to app rox. 
86.000 -100.000 tons wheat and meslin  and 45 -55.000 tons wheat flour . On the other 
hand, the export of [Country A] is very limited, where as in quantitie s of wheat  and 
meslin is app rox. 1.000 -3.000 tons and wheat flour  1.000 -8.000 tons. " [Country A] 
AoA Article 12.1(a) 
1.  Where any Member institutes any new export prohibition or restriction on foodstuffs in 
accordance with paragraph  2(a) of Article  XI of GATT 1994, the Member shall observe the 
following provisions:  
(a)  the Member instituting the export prohibition or restriction shall give due consideration  to 
the effects of such prohibition or restriction on importing Members ' food security;  
Due consideration to importing Members  (Article 12.1(a) , AoA ) 
3.14.  A Member  explains the measure was instituted  with due consideration  to importing 
Members  but it is not necessarily clear what kind of consideration has been given:  
"During this time, [Country  N] did consider the effects on WTO Members that import 
rice from [Country N] so that reasonable adjustment to rice exportation could be made. " 
[Country N] 
AoA Article 12.1( b) 
1.  Where any Member institutes any new export prohibition or restriction on foodstuffs in 
accordance with paragraph  2(a) of Article  XI of GATT 1994, the Member shall observe the 
following provisions:  
(b)  before any Member  institutes an export prohibition or restriction, it shall give notice in 
writing, as far in advance as practicable , to the Committee on Agriculture comprising such 
information as the nature and the duration of such measure, and shall consult,  upon 
request , with any other Member having a substantial interest as an importer with respect 
to any matter related to the measure in question. The Member instituting such export 
prohibition or restriction shall provide, upon request, such a Member with necessary 
information.  
Notification  obligation  (Article 12.1(b), AoA)  
3.15.  Some Member s which have not made notification s seemingly do not provide clear 
explanation s why ER:1  notification obligation  has not been fulfilled : 
“The information on the quota utilization was publicly available on the website of the 
Ministry of Agriculture of [Country I]." [Country I]  
“[Country L] has already shared the related information on this temporary measure 
through the WTO Trade Monitoring Mechanism and will continue its efforts to provide 
necessary information to ensure transparency. " [Country L] JOB/AG/188  
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  AoA Article 12.1( b) 
1.  Where any Member institutes any new export prohibition or restriction on foodstuffs in 
accordance with paragraph  2(a) of Article  XI of GATT 1994, the Member shall observe the 
following provisions:  
(b)  before any Member institutes an export prohibition or restriction, it shall give notice in 
writing, as far in advance as practicable, to the Committee on Agr iculture comprising such 
information as the nature and the duration of such measure , and shall consult, upon 
request, with any other Member having a substantial interest as an importer with respect 
to any matter related to the measure in question. The Memb er instituting such export 
prohibition or restriction shall provide, upon request, such a Member with necessary 
information.  
Information  included in notification  (Article 12.1(b), AoA ) 
(See paragraph 3.5 of this paper  for this topic.)  
 
AoA Article 12.1( b) 
1.  Where any Member institutes any new export prohibition or restriction on foodstuffs in 
accordance with paragraph  2(a) of Article  XI of GATT 1994, the Member shall observe the 
following provisions:  
(b)  before any Member institutes an export pro hibition or restriction, it shall give notice in 
writing, as far in advance as practicable, to the Committee on Agriculture comprising such 
information  as the nature  and the duration of such measure, and shall consult, upon 
request, with any other Member h aving a substantial interest as an importer with respect 
to any matter related to the measure in question. The Member instituting such export 
prohibition or restriction shall provide, upon request, such a Member with necessary 
information . 
Providing necessary i nformation to other Members  upon request  (Article 12.1(b), AoA)  
3.16.  A Member  claims that its attempt to request relevant information  from an exporting 
country that imposes export restrictive measure has been disregarded : 
“[…] [Country H] had sent a detailed request to [xxx (country name other than Country 
H)] aiming at obtaining relevant information on the measure in question. […] More over, 
in early April, [Country H] had sent a request through its Permanent Mission to Geneva 
to obtain relevant information  from [xxx] regarding the implemented export restrictions 
measures, but it had not yet received any response. […] " [Country H]  
AoA Ar ticle 12.2  
2.  The provisions of this Article shall not apply to any developing country Member, unless the 
measure is taken by a developing country Member which is a net-food exporter of the specific 
foodstuff concerned . 
Exemption from notification obligation ( Net-food importer ) (Article 12.2, AoA)  
3.17.  The c riteria for the exemption from the provisions of Article 12 of the AoA seem 
ambiguous. For instance, a case has been found where a developing country Member claiming that 
it is a net -importer of the product concerned might be a net  exporter according to the statistics 
made available by the FAO. This might not be immediately taken as a contradiction. However, it can 
be pointed out from this case that it is difficult to determine whether a developing country Member 
is a net importer or net  exporter unless relevant information is provided  to other Members : 
"[Country G] is a net importer  of the product concerned and is exempt from reporting 
to the C oA." [Country G]  JOB/AG/188  
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  4  QUESTIONS  CONCERNING THE DISCIPLINE S OF EXPORT RESTRICTIONS  
4.1.  Shown below are the questions concerning the current disciplines in export restrictions that 
might be derived from the findings provided in the previous sections, which could be referenced in 
further discussion by Members at the CoA-SS. 
4.2.  Questions in connection with GATT Article XI.2(a): 
a) Is it necessary to include quantitative description s or data in ER:1  notifications  to 
explain why those products concerned are essential  to the country?  
b) Is it necessary to include quantitative description s or data in ER:1  notifications  to 
explain how there is a critical shortage  of those products concerned?  
c) Is it necessary to set  a proper upper limit of duration  to ensure  that the export 
restrictive measures are tempora rily applied ? 
4.3.  Question  in connection with AoA Article 12.1(a): 
d) Is it necessary to include relevant information in ER:1 notifications to ensure  that proper 
due consideration for importing Members  has been made?  
4.4.  Question s in connection with AoA Article 12.1(b):  
e) Is the compliance by exporting Members in terms of the notification obligation ( "as far 
in advance as practicable ") satisfactory?  
f) Is it necessary to set a  mandatory deadline for advanced  notifications ? 
g) Is a further guideline9 for ER:1  notification  necessary? What other information need s 
to be included in ER:1 notification s?  
h) Is it necessary to set a rule as to an exporting Member should respond to the request 
of necessary information ? 
4.5.  Question in connection with AoA Article 12.2:  
i) Is it necessary to provide relevant information to determine whether a developing 
country Member is a net  importer  (i.e. eligibility of exemption from notification 
obligation) of the product concerned?  
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9 See Annex, a duplicate of the current format of ER:1 notification  (included in document G/AG/2). It is 
observed that almost no guidance is provided for notifiers.  JOB/AG/188  
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  ANNEX  
Format of ER:1 Notification  (page 32, document G/AG/2)  
 
 
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