WT/MIN(22)/W/5  
WT/GC/W/851  
 
6 June 2022  
(22-4282) Page: 1/8 
Ministerial Conference  
Twelfth Session  
Geneva, 12 -15 June 202 2 
General Council  Original: English  
 
 
 
COMMUNICATION FROM BRAZIL  
The following communication1, dated 6 June 2022, is being circulated at the request of the delegation 
of Brazil . 
 
_______________  
 
 
Brazil has continuously pursued reforms through the agriculture negotiations. Agriculture and trade 
policies have a role to play in addressing food security. It is Brazil 's view that food security 
constitutes one of the foundations for the continuation of the agriculture reform program at the 
World Trade Organization.  
 
Since food security -related issues are multifaceted, they can only be dealt with by the adoption of a 
comprehensive approach. Public stockholding  (PSH)  is but one of the elements of a comprehensive 
package, and food security is but one of the possible ob jectives of public stockholding programmes. 
The decision -making process on public stockholding is a complex task and has to take into account 
several aspects related to the implementation of those programs, such as over -reliance on 
institutional markets; o perational effectiveness; fiscal sustainability; cost efficiency vis-à-vis other 
approaches; effects on international markets.  
 
Market price support is the most distortive agricultural policy. Due to the well -documented negative 
effects on the internationa l agricultural system, the curbing of market price support policies was one 
of the most important achievements of the Agreement on Agriculture. When procurements to build 
stocks are made through market price support, they cannot be left unchecked.  
 
This is  why, since 2013, most of the non -demandeurs  have sought to:  
 
(i) Build a common understanding of the role of PSH programmes in achieving food security 
through open dialogue and exchange of experiences;  
 
(ii) Identify the implications of public stockholding programmes and related policy measures 
on producers, consumers,  government budgets and global markets, and evaluate these 
measures against alternative policies and measures in each context; and  
 
(iii) Ensure that the policy measures adopted towards achieving national food security 
objectives do not undermine food secu rity objectives in other countries.  
 
Brazil understands that the demandeurs ' approach throughout the years and their respective 
proposals have not addressed non -demandeurs  concerns. For that reason, the following proposal 
provides Ministers a base for cont inuing discussions on a compromise solution on PSH for MC13 that 
focus on those Members that need the most help in fighting food insecurity. The following proposal 
also seeks to preserve the WTO at the core of the multilateral trading system. It provides r ights but 
also obligations.  
 
 
1 This communication  was previously c irculated in document JOB/AG/230  on 31 May 2022.  
 WT/MIN(22)/W/5 • WT/GC/W/851  
 
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  Brazil still believes that future work within the WTO must lead to a better understanding of the 
relationship between trade and market related policies and food security. There are also additional 
steps that can be taken at MC12 to support food security and also deliver on the long -term objective 
of subst antial progressive reductions in support and protection resulting in fundamental reform. 
Brazil will be presenting a domestic support proposal in the near future that should be considered in 
tandem with this draft PSH decision .WT/MIN(22)/W/5 • WT/GC/W/851  
 
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  PUBLIC STOCKHOLDING FOR FOOD  SECURITY PURPOSES  
DRAFT MINISTERIAL DECISION  
The Ministerial Conference , 
 
Having regard  to paragraph 1 of Article IX of the Marrakesh Agreement Establishing the World Trade 
Organization;  
 
Acknowledging  the Ministerial Decision of 7 December 2013 (WT/MIN(13)/38 - WT/L/913), the 
General Council Decision of 27 November 2014 (WT/L/939) and the Min isterial Decision of 
19 December 2015 (WT/MIN(15)/44 - WT/L/979);  
 
Recognizing  that Article 20 of the Agreement on Agriculture (AoA) provides that the long -term 
objective of substantial progressive reductions in support and protection resulting in fundamen tal 
reform is an ongoing process;  
 
Reaffirming our commitment to achieving further progress in all areas of the agriculture negotiations 
in order to lay the ground for a fair and market -oriented agricultural trading system;  
 
Recalling Members ' existing rights to develop public stockholding for food security purposes 
programs in accordance with Annex 2 paragraph 3 of the AoA with no, or at most minimal, trade -
distorting effects or effects on production;  
 
Recalling that international trade in agr iculture plays a fundamental role in achieving food security 
and that the 2030 Agenda for Sustainable Development defines trade as a means of implementation 
of the SDG2;  
 
Acknowledging  that achieving food security is a multifaceted challenge and requires a  comprehensive 
approach;  
 
Recognizing  existing provisions to address food security under the AoA, including on public 
stockholding for food security purposes, as further highlighted by the COVID -19 pandemic;  
 
Decides as follows:  
 
1. By this Decision, Membe rs agree to put in place a permanent solution as set out below on 
public stockholding for food security purposes.  
 
2. Provided that the conditions set out in paragraphs 4 to 9, 11 and 12 are met, a Member shall 
not be required to include in the calculatio n of its Current Total AMS  the difference 
between the acquisition price and the external reference price  in relation to support in 
pursuance of public stockholding programmes for food security purposes1 that are consistent 
with the criteria of paragraph 3 , footnote 5, and footnote 5&6 of Annex 2 to the AoA.  
 
3. Developing country Members ' public stockholding programmes for food security purposes that 
do not comply with the conditions set out in this Decision are subject to compliance with 
Articles 6.3 and  7.2 (b) of the AoA.  
 
COVERAGE  
 
4. This Decision shall apply to support provided by developing country Members for [traditional 
staple food crops2] in pursuance of public stockholding programmes for food security 
 
1 This Decision does not preclude developing country Members from introducing programmes of public 
stockholding for food security purposes in accordance with the relevant provisions of the Agreement on 
Agriculture.  
2 This term refers to primary agricultural  products that are predominant staples in the traditional diet of 
a developing Member.  WT/MIN(22)/W/5 • WT/GC/W/851  
 
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  purposes3 that are notified, as of the ad option of this decision, in accordance with domestic 
support notification requirements under the AoA as per document G/AG/2 and the Annex to 
this Decision.  
 
ELIGIBILITY AND CONDITIONS  
 
5. This decision covers the support that falls into one of the following categories:  
 
(a) Support applied by a least developed Member4; or 
 
(b) Support applied by a Net Food -Importing Developing Countries for the purposes of the 
Marrakesh Ministerial Decisi on on Measures Concerning the Possible Negative Effects of 
the Reform Programme on Least -Developed and Net Food -Importing Developing 
Countries; or 
 
(c) Support applied by WTO Members listed in FAO 's "Crop Prospects and Food Situation " 
as "Countries Requiri ng External Assistance for Food" at least once in the past [2] years 
immediately before the year for which the notification of the eligible programme is being 
submitted.  
 
6. Support under (b) and (c) is covered if a Member has:  
 
• [0.5%] or less of global e xport share of a product5, in the case that the value of the 
stocks procured does not exceed [15%] of; or  
• more than [0.5%] but no more than [2%] of global export share of a product5, in the 
case that the value of the stocks procured does not exceed [5%] o f 
 
the Member 's average value of production of that product as notified in the three latest 
domestic support notifications examined by the Committee on Agriculture .6  
 
NOTIFICATION AND TRANSPARENCY  
 
7. To benefit from this Decision, an eligible developing country Member must:  
 
(a) have provided general information by completing entries 4 -6 of the template contained 
in the Annex to this Decision7 no later than [twelve] months after:  
 
• the adoption of this Decision for existing programmes; or  
• the implementation of new programmes  
 
about each public stockholding programme that it maintains for food security purposes 
that meet the conditions set out in paragraphs 4 to 6;  
 
(b) have notified the Committee on Agriculture that it is exceeding or is at ris k of exceeding 
either or both of its Aggregate Measurement of Support (AMS) limits (the Member 's 
Bound Total AMS or the de minimis  level) as result of its programmes mentioned above;  
 
 
3 That are consistent with the criteria of paragraph 3, footnote 5, and footnote 5&6 of Annex 2 to the 
Agreement on Agriculture.  
4 Graduated Members will cease to enjoy the rights entitled by this Decision [three] years after their 
graduation, unless they meet the conditions of 5.b or 5.c.  
5 This determination shall be based on the data provided in the Note titled "Members' participation in 
the normal growth of world trade in agricultural products – Article 18.5 of the Agreement on Agriculture" by 
the WTO Secretariat. If the information is not available at the pertinent product level in the Note, this 
determination shall be made based on FAOSTAT data.  
6 If a Member does no t usually notify value of production of a product under a public stockholding 
programme it intends to be covered by this Decision, it must provide information for the three latest years 
available through the entry 1 of the Annex to this Decision when fulfi lling the obligation set in paragraph 7(a) 
below.  
7 In case of Members later included in the list of NFIDCS or "Countries Requiring External Assistance for 
Food" or a LDC Member that accedes to the WTO after the adoption of this Decision, this general info rmation 
must be provided no later than [twelve] months after its inclusion.  WT/MIN(22)/W/5 • WT/GC/W/851  
 
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  (c) fulfil and continue to fulfil its domestic support notification requ irements under the AoA, 
in accordance with document G/AG/2, particularly regarding paragraph 3 of Annex 2 
and Article 6.3 and 7.2 (b) of the AoA8; 
 
(d) provide, and continue to provide on an annual basis, no later than [180 days] after the 
end of the calendar/marketing/fiscal year in question, updated information on each 
public stockholding programme that it maintains for food security purposes, by 
completing entries 1 -6 and 8 to the template contained in the Annex to this Decision; 
and 
 
(e) provide an y additional relevant statistical information described in the Statistical 
Appendix 1 to the Annex to this Decision as soon as possible after it becomes available, 
as well as any information updating or correcting any information earlier submitted.  
 
8. Eligible Members other than least developed Members shall fulfil the obligations set in 
paragraph 7 above for their public stockholding programmes to benefit from this Decision.  
 
9. Least developed Members are encouraged to fulfil obligations set in paragraph 7 for their 
public stockholding programmes and to request the WTO Secretariat 's assistance to comply 
with notification and transparency requirements.  
 
10. Members instruct the WTO Secretariat to assist developing country Members, particularly le ast 
developed Members, upon their request, to comply with notification and transparency 
requirements, including through ad hoc advice, technical assistance and capacity -building 
support. The Secretariat shall report on the activities in relation to the ass istance provided.  
 
ANTI -CIRCUMVENTION AND SAFEGUARDS  
 
11.  Any eligible developing country Member seeking coverage of its programmes under this 
decision shall ensure that:  
 
(a) stocks procured under such programmes shall be used exclusively for food security 
purposes;  
 
(b) stocks procured under such programmes do not distort trade or adversely affect the 
food security of other Members;  
 
(c) no direct or indirect export from the stocks shall occur upon the release of products 
from the stocks nor any release of products from the stock shall occur on the condition 
that they are exported;  
 
(d) an entity executing any function related to the implementation of public stockholding 
programmes shall not be engaged in export operations;  
 
(e) stocks procured under such programmes shall no t be used as animal feed;  
 
(f) applied tariffs for the products procured under public stockholding programmes shall 
not exceed [X]% of the average applied tariffs in the period of [2019 -2021].  
 
12. This Decision shall not be used in a manner that results in an increase of the support subject 
to the Member's Bound Total AMS or the de minimis  limits provided under programmes other 
than those notified under the Annex to this Decision.  
 
 
8 Market price support (i.e. the difference between the administered price and the fixed external price) 
notified under Supporting Table DS:5 of Table DS:1 shall clearly distinguis h between the support provided to 
public stockholding programmes for food security purposes and other market price support measures. For 
greater certainty, Members benefiting from the decision shall indicate, through STDS:5, the respective 
product -specific  aggregate measurement of support related to the market price support that was provided in 
accordance with this Decision.  WT/MIN(22)/W/5 • WT/GC/W/851  
 
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  CONSULTATIONS  
 
13. A developing country Member benefiting from this Decision shall upon request of any Member 
hold consultations on the operation of its public stockholding programmes notified under 
paragraph 7 of this Decision and provide the necessary information.  
 
MONIT ORING  
 
14. The Committee on Agriculture shall monitor and review the information submitted under this 
Decision.  
 
15. Public stockholding programmes benefiting from this decision shall be examined in annual 
Dedicated Discussions on food security within the Committee on Agriculture. This examination 
process shall provide an opportunity for Members to raise any matter relevant to public 
stockholding programmes operated by other Members as well as any matter related to policies 
and national experiences aimed at  improving food security. The dedicated discussions shall be 
undertaken on the basis of factual information and data compiled by the WTO Secretariat 
provided by Members to the WTO Secretariat according to paragraph 7 above and the template 
contained in the  Annex to this Decision.  
 
16. The Committee on Agriculture shall review the disciplines contained in this Decision and its 
operation every three years, taking into account the Dedicated Discussions and the experience 
gained up to that time, with the aim of  making recommendations that improve food security 
in a manner consistent with Article 20 of the AoA.  
 
FINAL PROVISIONS  
 
17. Pursuant to the preamble and Article 20 of the AoA, this Decision shall not be construed to 
impede the Uruguay Round agricultural reform programme aimed at correcting and preventing 
restrictions and distortions in world agricultural markets. Accordingly, developing country 
Members invoking this Decision for their public stockholding programmes  shall undertake the 
necessary reforms in  order to bring them back into compliance with their domestic support 
obligations under that Agreement.  
 
18. As of its adoption, this Decision replaces the interim solution (WT/MIN(13)/38 - WT/L/913) 
for Public Stockholding for Food Security Purposes adopt ed in Bali, Indonesia in December 
2013, as clarified in the General Council Decision of 27 November 2014 (WT/L/939).  
 
19. This Decision shall be reviewed by the General Council taking into account the 
recommendations made by the Committee on Agriculture as  per paragraph 16 . 
 WT/MIN(22)/W/5 • WT/GC/W/851  
 
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  ANNEX  
Public Stockholding programmes  
Members shall provide information on public stockholding programmes within the context of an 
annual examination process, based on the following structure:  
 
1. Value of production of the product subject to public stockholding in a Member.  
 
2. Value of acquired stocks of the product subject to public stockholding in a Member.  
 
3. Factual information confirming that DS:1 notifications and relevant supporting tables 
for the preced ing three years are up -to-date (e.g. date and document details).  
 
4. Details of the programme sufficient to identify food security objective and scale of the 
programme, including:  
 
a. Name of the programme;  
b. Traditional staple food crop(s) covered;  
c. Agenc y in charge of implementation;  
d. Relevant laws and regulations;  
e. Date of commencement of the programme;  
f. Officially published objective criteria or guidelines.  
 
5. Practical description of how the programme operates, including:  
 
a. Provisions relating to the purchase of stocks, including the way the administered 
acquisition price is determined;  
b. Provisions related to volume and accumulation of stocks, including any provisions 
related to pre -determined targets and quantitative limits;  
c. Provisions related to the release of stocks, including the determination of the 
release price and targeting (eligibility to receive procured stocks).  
 
6. A description of any measures aimed at minimising production or trade distortive effects 
of the programme.  
 
7. Statistical information (as per the Statistical Appendix 1 below).  
 
8. Any other information considered relevant, including website references.  
  WT/MIN(22)/W/5 • WT/GC/W/851  
 
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  Statistical Appendix 1 ( per crop ) (data for the latest three years)  
 Unit [Year 1]  [Year 2]  [Year 3]  
[Name of the crop]      
a. Opening balance of stocks      
b. Annual purchases under the programme (value)      
c. Annual purchases under the programme (quantity)      
d. Annual releases under the programme (value)      
e. Annual releases under the programme (quantity)      
f. Purchase prices      
g. Release prices      
h. End-year stocks      
i. Total production (quantity)      
j. Total production (value)      
k. Information on population benefiting from the release 
of this crop and quantities released:      
• Estimated number of beneficiaries at national 
level and, if possible, at subnational level      
• Quantity released to the beneficiaries at the 
national level and, if possible, at the sub -national 
level     
• Other      
l. In the case of government aid to private storage, 
statistics on the support granted and any updated 
statistics      
m. Total imports (value)      
n. Total imports (quantity)      
o. Total exports (value)      
p. Total exports (quantity)      
 
 
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